Notice of Intent To Prepare an Environmental Impact Statement for the West Fork Battle Creek Watershed Plan, Carbon County, Wyoming, 79850-79854 [2022-28245]
Download as PDF
79850
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2022–0012]
Notice of Intent To Prepare an
Environmental Impact Statement for
the West Fork Battle Creek Watershed
Plan, Carbon County, Wyoming
Natural Resources
Conservation Service, U.S. Department
of Agriculture.
ACTION: Notice of Intent (NOI) to Prepare
an Environmental Impact Statement
(EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Wyoming
State Office, in coordination with the
USDA Forest Service and the U.S. Army
Corps of Engineers (USACE), announces
its intent to prepare an EIS for the West
Fork Battle Creek Watershed Plan in the
proximity of Savery-Little Snake River
in Wyoming. The proposed Watershed
Plan includes construction of a dam and
reservoir on the West Fork of Battle
Creek to provide for rural agricultural
water management. NRCS is requesting
comments to identify significant issues,
potential alternatives, information, and
analyses relevant to the Proposed
Action from all interested individuals,
Federal and State Agencies, and Tribes.
DATES: We will consider comments that
we receive by February 13, 2023.
Comments received after the 45-day
comment period will be considered to
the extent possible.
ADDRESSES: We invite you to submit
comments in response to this notice.
You may submit your comments
through one of the methods below:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and search
for docket ID NRCS–2022–0012. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: Andi
Neugebauer, Wyoming State
Conservationist, Natural Resources
Conservation Service, 100 E B St. #3,
Casper, Wyoming 82601. In your
comment, specify the docket ID NRCS–
2022–0012.
All comments received will be posted
without change and made publicly
available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT:
Andi Neugebauer; telephone: (307) 233–
6750; email: Andi.Neugebauer@
usda.gov.
Persons with disabilities who require
alternative means for communication
should contact the USDA Target Center
at (202) 720–2600 (voice).
ddrumheller on DSK6VXHR33PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
Project updates will be posted on the
NRCS Public Notices website: https://
www.nrcs.usda.gov/wps/portal/nrcs/
main/wy/newsroom/pnotice/ and on the
Forest Service website for the Medicine
Bow-Routt National Forests and
Thunder Basin National Grassland
(MBRTB): https://www.fs.usda.gov/
main/mbr/home.
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary goal of the proposed dam
and reservoir is to provide a late season
supplemental water supply to serve
approximately 19,000 acres of irrigated
lands in the Little Snake River Basin in
Wyoming and Colorado. Under existing
climate conditions, the Little Snake
River Basin above its confluence with
Sand Creek experience irrigation water
shortages of approximately 12,000 AF.
The objective is to reduce the late
season irrigation water and irrigation
water shortages in dry years. The project
may also mitigate future drought
impacts to agriculture and natural
resources resulting from climate change.
In addition to the irrigation water
supply, the proposed reservoir would
also benefit fisheries, riparian and
wetland wildlife habitats, and waterassociated recreation.
Ecological objectives of the project
include improvements to aquatic
ecosystems and riparian habitats by
supplementing stream flows during lowflow periods, and improvements to
terrestrial habitat associated with
irrigation-induced wetlands. Benefits
are expected to accrue to these attributes
to the confluence with the Yampa River
including improvements to both cold
water and warm water sensitive species.
Economic objectives of the project are
to reduce late season irrigation water
shortages resulting in increased pasture
and hay production for regional
ranching stability and to enhance
habitats that support populations of
wildlife and fisheries providing
additional economic benefits to the
region from hunting, fishing, and other
recreational activities.
There are three agencies proposing
actions supporting the West Fork Battle
Creek Watershed Plan and dam and
reservoir construction. Each agency’s
purpose and need are explained below.
NRCS
NRCS purpose and need for
watershed planning and preparation of
an EIS is to provide for rural agricultural
water management. The Little Snake
River Basin, above its confluence with
Sand Creek, experiences an average
irrigation water shortage of 12,000 acrefeet (AF). The primary purpose of the
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
watershed plan is to increase water
storage to improve late season water
supply and reduce the irrigation water
shortages in the Little Snake River
Basin. Watershed planning is authorized
under the Watershed Protection and
Flood Prevention Act of 1954, as
amended (16 U.S.C. 1001–1009), and
the Flood Control Act of 1944 (33 U.S.C.
702b–1). The watershed planning is
being partially funded by the Wyoming
Water Development Office (WWDO)
under Wyoming Statute 41–2–112 and
sponsored by the Savery-Little Snake
River and Pothook Water Conservancy
Districts.
Forest Service
The purpose of participation by the
Forest Service in the project is to
respond to a request for a land exchange
by the Wyoming Office of State Lands
and Investments (OSLI). The objective
of the Forest Service land exchange
program is to use land exchanges as a
tool to implement National Forest
System (NFS) land and resource
management planning and direction, to
optimize NFS land ownership patterns,
to further resource protection and use,
and to meet the present and future
needs of the American people (Forest
Service Manual (FSM) 5430.2). Basic
authorities for the exchange of NFS land
and interests in the land are in 7 CFR
part 2.60 and FSM 1010. Specifically,
the General Exchange Act of 1922 (16
U.S.C. 485 and 486) authorizes the
exchange of land or timber that was
reserved from the public domain for
NFS purposes. Land exchange
regulations are in 36 CFR part 254,
subpart A, with further direction in
FSM 5430. If the reservoir were
constructed as proposed, the land
exchange would be needed to eliminate
the need for a special use permit for the
reservoir and associated facilities and to
provide for more effective and efficient
management of the reservoir and
surrounding lands. Pending further
analysis, the proposed exchange may
meet other guidelines specified in
Appendix F of the 2003 Medicine Bow
National Forest Revised Land and
Resource Management Plan.
USACE
The purpose of participation by
USACE in the project will be to respond
to a section 404 standard individual
permit application under the authority
of The Clean Water Act to store
approximately 10,000 AF for the
purpose of providing late season
irrigation water to the Little Snake River
Basin, above its confluence with Sand
Creek, and enhanced habitat benefits
downstream. The overall project
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
purpose and need for USACE will be
finalized after a section 404 permit
application is submitted to USACE and
will be subject to the 404(b)(1)
guidelines (40 CFR 230).
The Sponsor intends to pursue
authorization for construction of the
West Fork Battle Creek Watershed
project from the NRCS, under the
Watershed and Flood Prevention
Operations Program (Watershed
Protection and Flood Prevention Act of
1954, as amended, Pub. L. 83–566). The
Sponsor submitted a Sponsor Request
for financial assistance through the
NRCS’s Public Law 83–566 Watershed
and Flood Prevention Operations
Program in July 2019 and secured
funding in the amount of $1.25 million
to complete a Watershed Planning
Study National Environmental Policy
Act of 1969 (NEPA, 42 U.S.C. 4321–
4347) document for the proposed
project. The WWDO has provided an
additional $1.25 million for this effort.
The Sponsor, in coordination with the
WWDO, has proposed to construct a
264-foot-high roller-compacted concrete
(RCC) dam to store 10,000 AF of water
with a surface area of 130 acres. The
reservoir pool would contain three
storage accounts: 6,500 AF of irrigation
storage, 1,500 AF of storage to maintain
a minimum bypass flow, and a 2,000acre-foot conservation pool. The
proposed reservoir would be
constructed on the West Fork of Battle
Creek just below the confluence of
Haggerty Creek and Lost Creek
approximately 20 miles east-northeast of
Savery, Wyoming. The project would be
located on private and public lands in
the Sierra Madre Mountains within the
Brush Creek-Hayden Ranger District of
the Medicine Bow-Routt National
Forests.
A proposed land exchange to
construct and operate the proposed
project would include selected parcels
of the NFS lands within and adjacent to
the West Fork Battle Creek Reservoir
site on the Medicine Bow-Routt
National Forests with deemed
equivalent State lands. The proposed
land exchange would include
approximately 1,350 acres of Forest
Service-managed lands within Medicine
Bow-Routt National Forests and would
include parts of Haggarty Creek, Lost
Creek, and West Fork Battle Creek.
Approximately 2,024 acres of state land
inholdings located in the Medicine
Bow-Routt National Forests have been
proposed to be evaluated for the land
exchange. The State lands deemed
equivalent with the Forest Servicemanaged lands will be analyzed as part
of the proposed project.
Preliminary Proposed Action and
Alternatives
The EIS will examine the proposed
action and alternative solutions to
reduce late season irrigation water
shortages in the Little Snake River
Basin. Alternatives that may be
considered for detailed analysis include:
Alternative 1—No Action: No
watershed plan would be implemented,
and no dam or reservoir would be
constructed.
Alternative 2—Proposed Action: The
proposed action will consist of the
proposed dam and reservoir with a land
exchange between the Forest Service
and the State of Wyoming.
Alternative 3—Proposed Action: The
proposed action may consist of the
79851
proposed dam and reservoir with a
different configuration of parcels for the
land exchange between the Forest
Service and the State of Wyoming.
Alternative 4—Proposed Action: The
proposed action may consist of the
proposed dam and reservoir with a
special use authorization from the
Forest Service.
Alternative 5—Proposed Action: The
proposed action may consist of alternate
locations for a dam and reservoir with
equivalent land use authorizations as
described in Table 1.
Alternative 6—Proposed Action: The
proposed action may consist of alternate
means of achieving the watershed plan
goals, such as water conservation
projects and habitat improvement
projects within the basin.
To inform development of these
general alternatives, the Sponsor and
WWDO have conducted studies within
the Little Snake River Basin to
determine irrigation shortages and
supply conditions, as well as to identify
potential alternative locations for
reservoirs that would augment the
irrigation water supply to meet
downstream shortages. Potential
locations were evaluated using criteria
such as ability to meet user needs,
access, multiple-use potential,
geotechnical feasibility, landownership,
resource constraints (cultural and
natural resource concerns), ability to
permit, and cost. Table 1 provides a
summary of information for each
potential location considered in these
studies by the Sponsor and WWDO.
Each location will be reviewed to
determine if it should be carried
forward for detailed analysis in the EIS.
TABLE 1—SUMMARY OF PRELIMINARY ALTERNATIVES
Alternative locations
Description
Big Gulch ..............................
This earthen dam site is located on State and private lands approximately 3 miles upstream of Savery Creek on
Big Gulch, just downstream of Reader Flatts. This alternative could supply supplemental irrigation shortages on
lower Savery Creek and the Little Snake River below the confluence with Savery Creek. Supply ditch capacity
to the dam site is presently limited to 30 cubic feet per second. The reservoir would hold approximately 3,045
AF.
This earthen dam site is located on Bureau of Land Management, private, and NFS lands approximately 0.7 mile
upstream from the confluence with Savery Creek. This alternative could supply supplemental irrigation shortages on lower Savery Creek and the Little Snake River below the confluence with Savery Creek. The reservoir
would have a size of approximately 9,204 AF.
This earthen dam site is located on Forest Service land at the Little Sandstone Creek approximately 2.5 miles
west of the Little Sandstone Campground. This reservoir could supply supplemental irrigation shortages on
lower Savery Creek and the Little Snake River below the confluence with Savery Creek. This reservoir would
have a size of approximately 13,027 AF.
This earthen alternative is similar to the Proposed Action, but, instead of an RCC dam, this alternative would be
an earthen dam. This dam site is located on Forest Service and private lands at West Fork Battle Creek approximately 0.5 mile downstream of the confluence of Lost Creek and Haggarty Creek. This alternative could
supply supplemental irrigation shortages on Battle Creek below the confluence with the West Fork and the Little Snake River below the confluence with Battle Creek. The reservoir would have a size of approximately
5,000 AF.
Lower Little Sandstone located on the Little Sandstone Creek.
ddrumheller on DSK6VXHR33PROD with NOTICES
Upper Little Sandstone ........
West Fork Battle Creek at
Haggarty Creek (Lower
Haggarty).
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
E:\FR\FM\28DEN1.SGM
28DEN1
79852
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
TABLE 1—SUMMARY OF PRELIMINARY ALTERNATIVES—Continued
Alternative locations
Haggarty Creek Near
Copperton (Upper
Haggarty) Site A.
Haggarty Creek Near
Copperton (Upper
Haggarty) Site B.
Battle Lake ...........................
Lower Cottonwood Creek ....
Upper Cottonwood Creek ....
Roaring Fork ........................
Description
This dam site is located on Forest Service and private lands at Haggarty Creek approximately 0.6 mile downstream of the Highway 70 culvert for Haggarty Creek. This alternative could supply supplemental irrigation
shortages on Battle Creek below the confluence with the West Fork and the Little Snake River below the confluence with Battle Creek. The reservoir would have a size of approximately 3,367 AF. Both RCC and earthen
dam options were examined for this alternative.
This dam site is located on Forest Service and private lands on Haggarty Creek an additional 0.4 mile downstream from Upper Haggarty Site A. This alternative could supply supplemental irrigation shortages on Battle
Creek below the confluence with the West Fork and the Little Snake River below the confluence with Battle
Creek. The reservoir would have a size of approximately 3,367 AF. Both RCC and earthen dam options were
examined for this alternative.
This earthen enlargement dam is located on private and USFS lands on the downhill side of the existing Battle
Lake. This reservoir site has a limited drainage area resulting in a limited amount of water supply. Additionally,
due to topography, a very limited amount of storage could be provided without the expansion becoming inefficient.
This dam site is located on private and USFS lands on Cottonwood Creek approximately 2.6 miles upstream of
the Wyoming-Colorado border. This alternative would require a diversion from the Roaring Fork to be feasible,
and the Sheep Mountain Ditch would need to be considerably enlarged to convey adequate flows. This alternative could supply supplemental irrigation shortages on the Little Snake River below the confluence with Cottonwood Creek. The reservoir would have a size of approximately 2,347 AF.
This earthen dam site is located on private and USFS lands on Cottonwood Creek approximately 1.2 miles downstream of the point at which the existing Sheep Mountain Supply Ditch empties into Cottonwood Creek.
This alternative would require a diversion from the Roaring Fork to be feasible, and the Sheep Mountain Ditch
would need to be considerably enlarged to convey adequate flows. This alternative could supply supplemental
irrigation shortages on the Little Snake River below the confluence with Cottonwood Creek. The reservoir
would have a size of approximately 5,813 AF.
This earthen dam site is located on Forest Service land on the Roaring Fork Little Snake River approximately 3.4
miles upstream of the confluence with the Little Snake River. This alternative could supply supplemental irrigation shortages on the Little Snake River below the confluence with the Roaring Fork and could supply the
Hackmaster Ditch, which diverts water from the Roaring Fork and serves areas between it and the Little Snake
River. The reservoir would have a size of approximately 3,419 AF.
ddrumheller on DSK6VXHR33PROD with NOTICES
Summary of Expected Impacts
The Proposed Action and alternatives
may have significant local, regional, or
national impacts on the environment.
Preliminary issues for the project
include changes to hydrology, changes
to water quality within the reservoir and
downstream from the elevated copper
levels in Haggerty Creek, climate change
impacts affecting agriculture, impacts to
aquatic and terrestrial wildlife habitats,
changes to fisheries and downstream
threatened and endangered Colorado
River fish species, impacts to cultural
and Tribal resources, and economic
outcomes associated with agricultural,
recreational, tourism, and wildliferelated activities.
Anticipated Permits and Authorizations
• The following permits and other
authorizations are anticipated to be
required: CWA Section 404 permit.
Implementation of the proposed federal
action would require a Clean Water Act
(CWA) Section 404 permit from the U.S.
Army Corps of Engineers, who is a
cooperating federal agency on the
planning effort.
• CWA Section 401 permit. The
project would also require water quality
certification under Section 401 of the
CWA and permitting under Section 402
of the CWA (National Pollutant
Discharge Elimination Permit), both of
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
which would be issued by the Wyoming
Department of Environmental Quality, a
cooperating state agency on the
planning effort.
• Permit To Construct or Modify a
Dam. The project will require
authorization from the Wyoming State
Engineer for construction of a dam.
Wyoming Water Development Office is
a cooperating state agency on the plan
and is assisting in funding for the
project.
• Endangered Species Act (ESA)
Consultation. Consultation with the
USFWS is being conducted as required
by the Endangered Species Act of 1973.
Anticipate permit for depletions from
the Colorado River Basin.
• Land Swap/OSLI Improvement
authorization. The project will require a
separate USDA Forest Service special
use permit for land use or an approved
land swap between the State of
Wyoming and USDA Forest Service.
Schedule of Decision-Making Process
There are three agencies with
decisions to make related to the West
Fork Battle Creek Watershed Plan and
dam and reservoir construction. The
Savery-Little Snake River Water
Conservancy District and Pothook Water
Conservancy District (collectively
referred to as the Sponsor) intend to
pursue authorization for
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
implementation of the West Fork Battle
Creek Watershed Plan from NRCS under
the Watershed and Flood Prevention
Operations Program. Due to the project’s
location, which would be partially on
federal lands managed by the Forest
Service, the OSLI has proposed a land
exchange with the Forest Service. The
project could require an individual
permit from USACE under the
provisions of section 404 of the Clean
Water Act (33 U.S.C. 1344).
NRCS
NRCS may provide financial
assistance to the Sponsor to implement
the selected alternative identified in the
West Fork Battle Creek Watershed Plan
EIS.
Forest Service
The Forest Supervisor of MBRTB is
the responsible official for the Forest
Service’s decision for the proposed land
exchange. Once the NEPA analysis is
complete, the Forest Supervisor will
decide whether or not to proceed with
the land exchange, the rationale for the
decision, and any conditions that will
be attached to the selected alternative
including, but not limited to, design
criteria, mitigation, and monitoring.
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
USACE
Based on the analysis presented in the
West Fork Battle Creek Watershed Plan
EIS and through evaluation of a section
404 permit application, USACE may
authorize a section 404 individual
permit for the purpose of constructing a
dam and reservoir as components of the
West Fork Battle Creek Watershed Plan
and, if so, under what terms and
conditions
ddrumheller on DSK6VXHR33PROD with NOTICES
Public Scoping Process
Public meetings will be held in Baggs
and Saratoga, Wyoming, and in Craig,
Colorado, to determine the scope of the
analysis presented in the EIS. Meetings
are scheduled to occur in January 2023
and will be held at selected public
venues in each location. Exact meeting
locations and times will be determined
closer to dates of the events. Public
notices will be placed in local
newspapers and on the NRCS and
Forest Service websites. Additionally,
letters providing details on the public
meetings and the scoping comment and
objection processes will be sent to
federal and state agencies, Tribes, local
landowners, and interested parties.
NRCS, Forest Service, and USACE
invite the participation of and
consultation with agencies and
individuals that have special expertise,
legal jurisdiction, or interest in the
preparation of the draft EIS. Comments
received, including names and
addresses of those who comment, will
be considered part of the public record.
Comments submitted anonymously will
be accepted and considered; however,
they will not be used to establish
standing for the Forest Service objection
process.
NRCS, Forest Service, and USACE
will use the scoping process to help
fulfill the public involvement process
under section 106 of the National
Historic Preservation Act (54 U.S.C.
306108), as provided for in 36 CFR
800.2(d)(3). Information about historic
and cultural resources within the area
potentially affected by the proposed
action and alternatives will assist the
NRCS, Forest Service, and USACE in
identifying and evaluating impacts to
such resources in the context of both
NEPA and section 106 of the National
Historic Preservation Act.
Native American Tribal consultations
will be conducted in accordance with
policy, and Tribal concerns will be
given due consideration. Federal, state,
and local agencies, along with other
stakeholders that may be interested or
affected by the NRCS, Forest Service, or
USACE decisions on this project, are
invited to participate in the scoping
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
process and, if eligible, may request or
be requested by the NRCS to participate
as a cooperating agency.
Identification of Potential Alternatives,
Information, and Analysis
NRCS invites agencies, Tribes, and
individuals who have special expertise,
legal jurisdiction, or interest in the West
Fork Battle Creek Watershed Plan and
dam and reservoir construction to
provide comments concerning the scope
of the analysis and identification of
potential alternatives, information, and
analyses relevant to the Proposed
Action.
Forest Service Objection Process
The Forest Service decision for the
project (whether or not to proceed with
the land exchange) will be subject to the
Forest Service’s project-level predecisional administrative review
process in 36 CFR part 218, subparts A
and B (referred to as the ‘‘objection
process’’). Individuals and entities who
submit timely, specific written
comments regarding the proposed land
exchange during any designated
opportunity for public comment will
have standing to file an objection.
Designated opportunities for public
comment include the initial scoping
period described in this notice of intent
as well as the 45-day comment period
for the draft EIS. It is the responsibility
of persons providing comments to
submit them by the close of the
established comment periods. Only
those who submit timely and specific
written comments will be eligible to file
an objection. Names and contact
information submitted with comments
will become part of the public record,
will be publicly available on
regulations.gov, and may be released
under the Freedom of Information Act.
Authorities
This document is published as
required by section 102(2)(C) of NEPA,
the Council on Environmental Quality
regulations (40 CFR parts 1500–1508),
NRCS regulations that implement NEPA
in 7 CFR parts 622 and 650, Forest
Service regulations that implement
NEPA in 36 CFR part 220, FSM 1950,
Forest Service Handbook (FSH) 1909.15,
and USACE under the provisions of
section 404 of the Clean Water Act.
Watershed planning is authorized under
the Watershed Protection and Flood
Prevention Act of 1954, as amended,
(Pub. L. 83–566) and the Flood Control
Act of 1944 (Pub. L. 78–534).
Federal Assistance Program
The titles and numbers of the Federal
Assistance Programs in the Catalog of
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
79853
Federal Domestic Assistance to which
this Notice of Funding Availability
applies is 10.904 Watershed Protection
and Flood Prevention. NRCS will
coordinate the scoping process as
provided in 36 CFR 800.2(d)(3) and
800.8 (54 U.S.C. 306108) to help fulfill
the National Historic Preservation Act
(NHPA), as amended review process.’’
Executive Order 12372
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ requires consultation with
State and local officials that would be
directly affected by proposed Federal
financial assistance. The objectives of
the Executive order are to foster an
intergovernmental partnership and a
strengthened federalism, by relying on
State and local processes for State and
local government coordination and
review of proposed Federal financial
assistance and direct Federal
development. This program is subject to
the provisions of Executive Order
12372, which requires
intergovernmental consultation with
State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil
rights law and USDA civil rights
regulations and policies, USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family or
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (for example,
braille, large print, audiotape, American
Sign Language, etc.) should contact the
responsible Agency or USDA TARGET
Center at (202) 720–2600 (voice and
TTY) or (844) 433–2774 (toll-free
nationwide). Additionally, program
information may be made available in
languages other than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
E:\FR\FM\28DEN1.SGM
28DEN1
79854
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
letter all the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
USDA by mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410 or email: OAC@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Andrea Neugebauer,
Acting Wyoming State Conservationist,
Natural Resources Conservation Service.
[FR Doc. 2022–28245 Filed 12–27–22; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF AGRICULTURE
Office of Partnerships and Public
Engagement
Advisory Committee on Minority
Farmers
Office of Partnerships and
Public Engagement, USDA.
ACTION: Notice of public meeting.
AGENCY:
Pursuant to the Federal
Advisory Committee Act (FACA), the
Office of Partnerships and Public
Engagement (OPPE) is announcing a
meeting of the Advisory Committee on
Minority Farmers (ACMF). USDA
Secretary Vilsack is committed to
actions that enhance minority farmers’
ability to produce and thrive as
businesses through USDA’s customer
service enhancements, expanded
outreach, technical assistance, and
capacity building. To that end, the
ACMF will likewise recommend actionoriented strategies for maximizing the
participation of minority farmers by
leveraging those programs that ensure a
food secure nation and effectively
steward our natural resources. These
principals will usher in business growth
and opportunity for those minority
agricultural communities plagued with
fragile economies in decline.
DATES: The ACMF meeting will begin on
January 18–20, 2022, from 9:00 a.m.–
5:00 p.m. Pacific Standard Time (PST).
Time will be allotted at the end of each
morning and afternoon for comments
from those attending. Public
participants may also view the
committee proceedings and
presentations via Zoom: https://
ems8.intellor.com/login/846392.
Meeting ID and passcode is not
required. The call-in numbers and code
for listening only access are:
US Toll Free: 888–251–2949
US Toll: 215–861–0694
ddrumheller on DSK6VXHR33PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:26 Dec 27, 2022
Jkt 259001
Access Code: 2154 982#
All persons wishing to make
comments during the in-person meeting
must check-in each day at the
registration table. If the number of
registrants requesting to speak is greater
than what can be reasonably
accommodated during the scheduled
open public hearing session timeframe,
OPPE may conduct a lottery to
determine the speakers for the
scheduled public comment session.
Meeting Pre-Registration and Public
Comments: The public is asked to preregister for the meeting by January 17,
2023, at https://ems8.intellor.com/
?do=register&t=1&p=846389. For preregistrations, we request your name,
organization or affiliation, and intent to
give oral comments. Participants may
also submit written comments for the
committee’s consideration via the preregistration link (https://
ems8.intellor.com/?do=register&t=1&
p=846389). Written comments must be
received by or before January 17, 2023.
Members of the public who sign up to
give oral comments to the Committee
will be allowed time according to the
number of speakers scheduled for each
morning and afternoon public comment
period. Members joining virtually may
also request permission to give oral
comments and will be instructed by the
conference moderator on when and how
to make live comments. Please
remember that the comments made
during the meeting will be added to the
committee record only. Direct
engagement or exchanges with
committee members is not permitted
while the meeting is in session.
ADDRESSES: The meeting will be held at
the University of California, at Davis’
ARC Conference Center, 760 Orchard
Road, Davis, CA 95616. Drivers are
instructed to park in Lot 25. A
searchable campus map may be
accessed here: https://campusmap.
ucdavis.edu/. Parking is available at
nominal cost.
Accessibility: USDA is committed to
ensuring that all persons are included in
our programs and events. If you are a
person with a disability and require
reasonable accommodations to
participate in this meeting, please
contact Mr. Eston Williams at
Eston.Williams@usda.gov or (202) 596–
0226. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
Availability of Materials for the
Meeting: Presentations to be delivered to
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
the ACMF, including the final meeting
agenda, and any updates regarding the
meeting announced in this notice, can
be found on the ACMF website at
https://www.usda.gov/partnerships/
advisory-committee-on-minorityfarmers.
FOR FURTHER INFORMATION CONTACT:
General information about the
committee can also be found at https://
www.usda.gov/partnerships/advisorycommittee-on-minority-farmers. Any
member of the public wishing to obtain
information concerning this public
meeting may contact Mr. Eston
Williams, Designated Federal Officer
(DFO) via email Eston.Williams@
usda.gov or call (202) 596–0226.
SUPPLEMENTARY INFORMATION: The
ACMF will be pivotal in its liaison role
that both informs and advises the
Secretary of actions that may be taken
to support minority farming growth and
assist them with challenges of today, as
well as those they will face in coming
years. During this public meeting, the
ACMF will explore and consider
challenges specific to minority rural
farming communities, including but not
limited to: (1) infrastructure and
housing (e.g., Rural Development); (2)
building economically viable,
ecologically sound, and climate-smart
farming and ranching (e.g., planning,
building, and business expansion); (3)
examining barriers to enhanced
minority farmer and rancher
participation in USDA programs,
services and partnerships (e.g., ClimateSmart Commodities Funding); (4)
addressing barriers to capital access,
land acquisition, debt management (e.g.,
Farm Service Agency); (5) adverse
economic impacts of farming and
ranching risk management; and (6)
examining barriers to broader
participation in export markets.
From these topics, the ACMF will
deliberate and form its next set of
recommendations for the current term.
The ACMF specifically seeks to engage
and hear directly from a broad
geographical cross-section of minority
farmers on their experiences, pathways,
and challenges as they contend with
severe weather events or continued
barriers of entry and economically
sustainable farming. The USDA will
also want to hear about personal
experiences and encourage all to
participate, including those
organizations that support farmers from
a large cross-section of farm type or size
and ethnic diversity.
The Committee was established
pursuant to section 14008 of the Food
Conservation and Energy Act of 2008,
Public Law 110–246, 122 Stat. 1651,
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79850-79854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28245]
[[Page 79850]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2022-0012]
Notice of Intent To Prepare an Environmental Impact Statement for
the West Fork Battle Creek Watershed Plan, Carbon County, Wyoming
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture.
ACTION: Notice of Intent (NOI) to Prepare an Environmental Impact
Statement (EIS).
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) Wyoming
State Office, in coordination with the USDA Forest Service and the U.S.
Army Corps of Engineers (USACE), announces its intent to prepare an EIS
for the West Fork Battle Creek Watershed Plan in the proximity of
Savery-Little Snake River in Wyoming. The proposed Watershed Plan
includes construction of a dam and reservoir on the West Fork of Battle
Creek to provide for rural agricultural water management. NRCS is
requesting comments to identify significant issues, potential
alternatives, information, and analyses relevant to the Proposed Action
from all interested individuals, Federal and State Agencies, and
Tribes.
DATES: We will consider comments that we receive by February 13, 2023.
Comments received after the 45-day comment period will be considered to
the extent possible.
ADDRESSES: We invite you to submit comments in response to this notice.
You may submit your comments through one of the methods below:
Federal eRulemaking Portal: Go to https://www.regulations.gov and search for docket ID NRCS-2022-0012. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: Andi Neugebauer, Wyoming State
Conservationist, Natural Resources Conservation Service, 100 E B St.
#3, Casper, Wyoming 82601. In your comment, specify the docket ID NRCS-
2022-0012.
All comments received will be posted without change and made
publicly available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT: Andi Neugebauer; telephone: (307) 233-
6750; email: [email protected].
Persons with disabilities who require alternative means for
communication should contact the USDA Target Center at (202) 720-2600
(voice).
Project updates will be posted on the NRCS Public Notices website:
https://www.nrcs.usda.gov/wps/portal/nrcs/main/wy/newsroom/pnotice/ and
on the Forest Service website for the Medicine Bow-Routt National
Forests and Thunder Basin National Grassland (MBRTB): https://www.fs.usda.gov/main/mbr/home.
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary goal of the proposed dam and reservoir is to provide a
late season supplemental water supply to serve approximately 19,000
acres of irrigated lands in the Little Snake River Basin in Wyoming and
Colorado. Under existing climate conditions, the Little Snake River
Basin above its confluence with Sand Creek experience irrigation water
shortages of approximately 12,000 AF. The objective is to reduce the
late season irrigation water and irrigation water shortages in dry
years. The project may also mitigate future drought impacts to
agriculture and natural resources resulting from climate change. In
addition to the irrigation water supply, the proposed reservoir would
also benefit fisheries, riparian and wetland wildlife habitats, and
water-associated recreation.
Ecological objectives of the project include improvements to
aquatic ecosystems and riparian habitats by supplementing stream flows
during low-flow periods, and improvements to terrestrial habitat
associated with irrigation-induced wetlands. Benefits are expected to
accrue to these attributes to the confluence with the Yampa River
including improvements to both cold water and warm water sensitive
species.
Economic objectives of the project are to reduce late season
irrigation water shortages resulting in increased pasture and hay
production for regional ranching stability and to enhance habitats that
support populations of wildlife and fisheries providing additional
economic benefits to the region from hunting, fishing, and other
recreational activities.
There are three agencies proposing actions supporting the West Fork
Battle Creek Watershed Plan and dam and reservoir construction. Each
agency's purpose and need are explained below.
NRCS
NRCS purpose and need for watershed planning and preparation of an
EIS is to provide for rural agricultural water management. The Little
Snake River Basin, above its confluence with Sand Creek, experiences an
average irrigation water shortage of 12,000 acre-feet (AF). The primary
purpose of the watershed plan is to increase water storage to improve
late season water supply and reduce the irrigation water shortages in
the Little Snake River Basin. Watershed planning is authorized under
the Watershed Protection and Flood Prevention Act of 1954, as amended
(16 U.S.C. 1001-1009), and the Flood Control Act of 1944 (33 U.S.C.
702b-1). The watershed planning is being partially funded by the
Wyoming Water Development Office (WWDO) under Wyoming Statute 41-2-112
and sponsored by the Savery-Little Snake River and Pothook Water
Conservancy Districts.
Forest Service
The purpose of participation by the Forest Service in the project
is to respond to a request for a land exchange by the Wyoming Office of
State Lands and Investments (OSLI). The objective of the Forest Service
land exchange program is to use land exchanges as a tool to implement
National Forest System (NFS) land and resource management planning and
direction, to optimize NFS land ownership patterns, to further resource
protection and use, and to meet the present and future needs of the
American people (Forest Service Manual (FSM) 5430.2). Basic authorities
for the exchange of NFS land and interests in the land are in 7 CFR
part 2.60 and FSM 1010. Specifically, the General Exchange Act of 1922
(16 U.S.C. 485 and 486) authorizes the exchange of land or timber that
was reserved from the public domain for NFS purposes. Land exchange
regulations are in 36 CFR part 254, subpart A, with further direction
in FSM 5430. If the reservoir were constructed as proposed, the land
exchange would be needed to eliminate the need for a special use permit
for the reservoir and associated facilities and to provide for more
effective and efficient management of the reservoir and surrounding
lands. Pending further analysis, the proposed exchange may meet other
guidelines specified in Appendix F of the 2003 Medicine Bow National
Forest Revised Land and Resource Management Plan.
USACE
The purpose of participation by USACE in the project will be to
respond to a section 404 standard individual permit application under
the authority of The Clean Water Act to store approximately 10,000 AF
for the purpose of providing late season irrigation water to the Little
Snake River Basin, above its confluence with Sand Creek, and enhanced
habitat benefits downstream. The overall project
[[Page 79851]]
purpose and need for USACE will be finalized after a section 404 permit
application is submitted to USACE and will be subject to the 404(b)(1)
guidelines (40 CFR 230).
The Sponsor intends to pursue authorization for construction of the
West Fork Battle Creek Watershed project from the NRCS, under the
Watershed and Flood Prevention Operations Program (Watershed Protection
and Flood Prevention Act of 1954, as amended, Pub. L. 83-566). The
Sponsor submitted a Sponsor Request for financial assistance through
the NRCS's Public Law 83-566 Watershed and Flood Prevention Operations
Program in July 2019 and secured funding in the amount of $1.25 million
to complete a Watershed Planning Study National Environmental Policy
Act of 1969 (NEPA, 42 U.S.C. 4321-4347) document for the proposed
project. The WWDO has provided an additional $1.25 million for this
effort.
The Sponsor, in coordination with the WWDO, has proposed to
construct a 264-foot-high roller-compacted concrete (RCC) dam to store
10,000 AF of water with a surface area of 130 acres. The reservoir pool
would contain three storage accounts: 6,500 AF of irrigation storage,
1,500 AF of storage to maintain a minimum bypass flow, and a 2,000-
acre-foot conservation pool. The proposed reservoir would be
constructed on the West Fork of Battle Creek just below the confluence
of Haggerty Creek and Lost Creek approximately 20 miles east-northeast
of Savery, Wyoming. The project would be located on private and public
lands in the Sierra Madre Mountains within the Brush Creek-Hayden
Ranger District of the Medicine Bow-Routt National Forests.
A proposed land exchange to construct and operate the proposed
project would include selected parcels of the NFS lands within and
adjacent to the West Fork Battle Creek Reservoir site on the Medicine
Bow-Routt National Forests with deemed equivalent State lands. The
proposed land exchange would include approximately 1,350 acres of
Forest Service-managed lands within Medicine Bow-Routt National Forests
and would include parts of Haggarty Creek, Lost Creek, and West Fork
Battle Creek. Approximately 2,024 acres of state land inholdings
located in the Medicine Bow-Routt National Forests have been proposed
to be evaluated for the land exchange. The State lands deemed
equivalent with the Forest Service-managed lands will be analyzed as
part of the proposed project.
Preliminary Proposed Action and Alternatives
The EIS will examine the proposed action and alternative solutions
to reduce late season irrigation water shortages in the Little Snake
River Basin. Alternatives that may be considered for detailed analysis
include:
Alternative 1--No Action: No watershed plan would be implemented,
and no dam or reservoir would be constructed.
Alternative 2--Proposed Action: The proposed action will consist of
the proposed dam and reservoir with a land exchange between the Forest
Service and the State of Wyoming.
Alternative 3--Proposed Action: The proposed action may consist of
the proposed dam and reservoir with a different configuration of
parcels for the land exchange between the Forest Service and the State
of Wyoming.
Alternative 4--Proposed Action: The proposed action may consist of
the proposed dam and reservoir with a special use authorization from
the Forest Service.
Alternative 5--Proposed Action: The proposed action may consist of
alternate locations for a dam and reservoir with equivalent land use
authorizations as described in Table 1.
Alternative 6--Proposed Action: The proposed action may consist of
alternate means of achieving the watershed plan goals, such as water
conservation projects and habitat improvement projects within the
basin.
To inform development of these general alternatives, the Sponsor
and WWDO have conducted studies within the Little Snake River Basin to
determine irrigation shortages and supply conditions, as well as to
identify potential alternative locations for reservoirs that would
augment the irrigation water supply to meet downstream shortages.
Potential locations were evaluated using criteria such as ability to
meet user needs, access, multiple-use potential, geotechnical
feasibility, landownership, resource constraints (cultural and natural
resource concerns), ability to permit, and cost. Table 1 provides a
summary of information for each potential location considered in these
studies by the Sponsor and WWDO. Each location will be reviewed to
determine if it should be carried forward for detailed analysis in the
EIS.
Table 1--Summary of Preliminary Alternatives
------------------------------------------------------------------------
Alternative locations Description
------------------------------------------------------------------------
Big Gulch.................... This earthen dam site is located on State
and private lands approximately 3 miles
upstream of Savery Creek on Big Gulch,
just downstream of Reader Flatts. This
alternative could supply supplemental
irrigation shortages on lower Savery
Creek and the Little Snake River below
the confluence with Savery Creek. Supply
ditch capacity to the dam site is
presently limited to 30 cubic feet per
second. The reservoir would hold
approximately 3,045 AF.
Lower Little Sandstone This earthen dam site is located on
located on the Little Bureau of Land Management, private, and
Sandstone Creek. NFS lands approximately 0.7 mile
upstream from the confluence with Savery
Creek. This alternative could supply
supplemental irrigation shortages on
lower Savery Creek and the Little Snake
River below the confluence with Savery
Creek. The reservoir would have a size
of approximately 9,204 AF.
Upper Little Sandstone....... This earthen dam site is located on
Forest Service land at the Little
Sandstone Creek approximately 2.5 miles
west of the Little Sandstone Campground.
This reservoir could supply supplemental
irrigation shortages on lower Savery
Creek and the Little Snake River below
the confluence with Savery Creek. This
reservoir would have a size of
approximately 13,027 AF.
West Fork Battle Creek at This earthen alternative is similar to
Haggarty Creek (Lower the Proposed Action, but, instead of an
Haggarty). RCC dam, this alternative would be an
earthen dam. This dam site is located on
Forest Service and private lands at West
Fork Battle Creek approximately 0.5 mile
downstream of the confluence of Lost
Creek and Haggarty Creek. This
alternative could supply supplemental
irrigation shortages on Battle Creek
below the confluence with the West Fork
and the Little Snake River below the
confluence with Battle Creek. The
reservoir would have a size of
approximately 5,000 AF.
[[Page 79852]]
Haggarty Creek Near Copperton This dam site is located on Forest
(Upper Haggarty) Site A. Service and private lands at Haggarty
Creek approximately 0.6 mile downstream
of the Highway 70 culvert for Haggarty
Creek. This alternative could supply
supplemental irrigation shortages on
Battle Creek below the confluence with
the West Fork and the Little Snake River
below the confluence with Battle Creek.
The reservoir would have a size of
approximately 3,367 AF. Both RCC and
earthen dam options were examined for
this alternative.
Haggarty Creek Near Copperton This dam site is located on Forest
(Upper Haggarty) Site B. Service and private lands on Haggarty
Creek an additional 0.4 mile downstream
from Upper Haggarty Site A. This
alternative could supply supplemental
irrigation shortages on Battle Creek
below the confluence with the West Fork
and the Little Snake River below the
confluence with Battle Creek. The
reservoir would have a size of
approximately 3,367 AF. Both RCC and
earthen dam options were examined for
this alternative.
Battle Lake.................. This earthen enlargement dam is located
on private and USFS lands on the
downhill side of the existing Battle
Lake. This reservoir site has a limited
drainage area resulting in a limited
amount of water supply. Additionally,
due to topography, a very limited amount
of storage could be provided without the
expansion becoming inefficient.
Lower Cottonwood Creek....... This dam site is located on private and
USFS lands on Cottonwood Creek
approximately 2.6 miles upstream of the
Wyoming-Colorado border. This
alternative would require a diversion
from the Roaring Fork to be feasible,
and the Sheep Mountain Ditch would need
to be considerably enlarged to convey
adequate flows. This alternative could
supply supplemental irrigation shortages
on the Little Snake River below the
confluence with Cottonwood Creek. The
reservoir would have a size of
approximately 2,347 AF.
Upper Cottonwood Creek....... This earthen dam site is located on
private and USFS lands on Cottonwood
Creek approximately 1.2 miles downstream
of the point at which the existing Sheep
Mountain Supply Ditch empties into
Cottonwood Creek.
This alternative would require a
diversion from the Roaring Fork to be
feasible, and the Sheep Mountain Ditch
would need to be considerably enlarged
to convey adequate flows. This
alternative could supply supplemental
irrigation shortages on the Little Snake
River below the confluence with
Cottonwood Creek. The reservoir would
have a size of approximately 5,813 AF.
Roaring Fork................. This earthen dam site is located on
Forest Service land on the Roaring Fork
Little Snake River approximately 3.4
miles upstream of the confluence with
the Little Snake River. This alternative
could supply supplemental irrigation
shortages on the Little Snake River
below the confluence with the Roaring
Fork and could supply the Hackmaster
Ditch, which diverts water from the
Roaring Fork and serves areas between it
and the Little Snake River. The
reservoir would have a size of
approximately 3,419 AF.
------------------------------------------------------------------------
Summary of Expected Impacts
The Proposed Action and alternatives may have significant local,
regional, or national impacts on the environment. Preliminary issues
for the project include changes to hydrology, changes to water quality
within the reservoir and downstream from the elevated copper levels in
Haggerty Creek, climate change impacts affecting agriculture, impacts
to aquatic and terrestrial wildlife habitats, changes to fisheries and
downstream threatened and endangered Colorado River fish species,
impacts to cultural and Tribal resources, and economic outcomes
associated with agricultural, recreational, tourism, and wildlife-
related activities.
Anticipated Permits and Authorizations
The following permits and other authorizations are
anticipated to be required: CWA Section 404 permit. Implementation of
the proposed federal action would require a Clean Water Act (CWA)
Section 404 permit from the U.S. Army Corps of Engineers, who is a
cooperating federal agency on the planning effort.
CWA Section 401 permit. The project would also require
water quality certification under Section 401 of the CWA and permitting
under Section 402 of the CWA (National Pollutant Discharge Elimination
Permit), both of which would be issued by the Wyoming Department of
Environmental Quality, a cooperating state agency on the planning
effort.
Permit To Construct or Modify a Dam. The project will
require authorization from the Wyoming State Engineer for construction
of a dam. Wyoming Water Development Office is a cooperating state
agency on the plan and is assisting in funding for the project.
Endangered Species Act (ESA) Consultation. Consultation
with the USFWS is being conducted as required by the Endangered Species
Act of 1973. Anticipate permit for depletions from the Colorado River
Basin.
Land Swap/OSLI Improvement authorization. The project will
require a separate USDA Forest Service special use permit for land use
or an approved land swap between the State of Wyoming and USDA Forest
Service.
Schedule of Decision-Making Process
There are three agencies with decisions to make related to the West
Fork Battle Creek Watershed Plan and dam and reservoir construction.
The Savery-Little Snake River Water Conservancy District and Pothook
Water Conservancy District (collectively referred to as the Sponsor)
intend to pursue authorization for implementation of the West Fork
Battle Creek Watershed Plan from NRCS under the Watershed and Flood
Prevention Operations Program. Due to the project's location, which
would be partially on federal lands managed by the Forest Service, the
OSLI has proposed a land exchange with the Forest Service. The project
could require an individual permit from USACE under the provisions of
section 404 of the Clean Water Act (33 U.S.C. 1344).
NRCS
NRCS may provide financial assistance to the Sponsor to implement
the selected alternative identified in the West Fork Battle Creek
Watershed Plan EIS.
Forest Service
The Forest Supervisor of MBRTB is the responsible official for the
Forest Service's decision for the proposed land exchange. Once the NEPA
analysis is complete, the Forest Supervisor will decide whether or not
to proceed with the land exchange, the rationale for the decision, and
any conditions that will be attached to the selected alternative
including, but not limited to, design criteria, mitigation, and
monitoring.
[[Page 79853]]
USACE
Based on the analysis presented in the West Fork Battle Creek
Watershed Plan EIS and through evaluation of a section 404 permit
application, USACE may authorize a section 404 individual permit for
the purpose of constructing a dam and reservoir as components of the
West Fork Battle Creek Watershed Plan and, if so, under what terms and
conditions
Public Scoping Process
Public meetings will be held in Baggs and Saratoga, Wyoming, and in
Craig, Colorado, to determine the scope of the analysis presented in
the EIS. Meetings are scheduled to occur in January 2023 and will be
held at selected public venues in each location. Exact meeting
locations and times will be determined closer to dates of the events.
Public notices will be placed in local newspapers and on the NRCS and
Forest Service websites. Additionally, letters providing details on the
public meetings and the scoping comment and objection processes will be
sent to federal and state agencies, Tribes, local landowners, and
interested parties.
NRCS, Forest Service, and USACE invite the participation of and
consultation with agencies and individuals that have special expertise,
legal jurisdiction, or interest in the preparation of the draft EIS.
Comments received, including names and addresses of those who comment,
will be considered part of the public record. Comments submitted
anonymously will be accepted and considered; however, they will not be
used to establish standing for the Forest Service objection process.
NRCS, Forest Service, and USACE will use the scoping process to
help fulfill the public involvement process under section 106 of the
National Historic Preservation Act (54 U.S.C. 306108), as provided for
in 36 CFR 800.2(d)(3). Information about historic and cultural
resources within the area potentially affected by the proposed action
and alternatives will assist the NRCS, Forest Service, and USACE in
identifying and evaluating impacts to such resources in the context of
both NEPA and section 106 of the National Historic Preservation Act.
Native American Tribal consultations will be conducted in
accordance with policy, and Tribal concerns will be given due
consideration. Federal, state, and local agencies, along with other
stakeholders that may be interested or affected by the NRCS, Forest
Service, or USACE decisions on this project, are invited to participate
in the scoping process and, if eligible, may request or be requested by
the NRCS to participate as a cooperating agency.
Identification of Potential Alternatives, Information, and Analysis
NRCS invites agencies, Tribes, and individuals who have special
expertise, legal jurisdiction, or interest in the West Fork Battle
Creek Watershed Plan and dam and reservoir construction to provide
comments concerning the scope of the analysis and identification of
potential alternatives, information, and analyses relevant to the
Proposed Action.
Forest Service Objection Process
The Forest Service decision for the project (whether or not to
proceed with the land exchange) will be subject to the Forest Service's
project-level pre-decisional administrative review process in 36 CFR
part 218, subparts A and B (referred to as the ``objection process'').
Individuals and entities who submit timely, specific written comments
regarding the proposed land exchange during any designated opportunity
for public comment will have standing to file an objection. Designated
opportunities for public comment include the initial scoping period
described in this notice of intent as well as the 45-day comment period
for the draft EIS. It is the responsibility of persons providing
comments to submit them by the close of the established comment
periods. Only those who submit timely and specific written comments
will be eligible to file an objection. Names and contact information
submitted with comments will become part of the public record, will be
publicly available on regulations.gov, and may be released under the
Freedom of Information Act.
Authorities
This document is published as required by section 102(2)(C) of
NEPA, the Council on Environmental Quality regulations (40 CFR parts
1500-1508), NRCS regulations that implement NEPA in 7 CFR parts 622 and
650, Forest Service regulations that implement NEPA in 36 CFR part 220,
FSM 1950, Forest Service Handbook (FSH) 1909.15, and USACE under the
provisions of section 404 of the Clean Water Act. Watershed planning is
authorized under the Watershed Protection and Flood Prevention Act of
1954, as amended, (Pub. L. 83-566) and the Flood Control Act of 1944
(Pub. L. 78-534).
Federal Assistance Program
The titles and numbers of the Federal Assistance Programs in the
Catalog of Federal Domestic Assistance to which this Notice of Funding
Availability applies is 10.904 Watershed Protection and Flood
Prevention. NRCS will coordinate the scoping process as provided in 36
CFR 800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the
National Historic Preservation Act (NHPA), as amended review process.''
Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials that
would be directly affected by proposed Federal financial assistance.
The objectives of the Executive order are to foster an
intergovernmental partnership and a strengthened federalism, by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance and
direct Federal development. This program is subject to the provisions
of Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or parental
status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by
program or incident. Persons with disabilities who require alternative
means of communication for program information (for example, braille,
large print, audiotape, American Sign Language, etc.) should contact
the responsible Agency or USDA TARGET Center at (202) 720-2600 (voice
and TTY) or (844) 433-2774 (toll-free nationwide). Additionally,
program information may be made available in languages other than
English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
at any USDA office or write a letter addressed to USDA and provide in
the
[[Page 79854]]
letter all the information requested in the form. To request a copy of
the complaint form, call (866) 632-9992. Submit your completed form or
letter to USDA by mail: U.S. Department of Agriculture, Office of the
Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410 or email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Andrea Neugebauer,
Acting Wyoming State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2022-28245 Filed 12-27-22; 8:45 am]
BILLING CODE 3410-16-P