Notice of Intent To Prepare an Environmental Impact Statement for the Lower Bear River Watershed Plan in Box Elder County, Utah, 50551-50554 [2024-13062]
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Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices
and the public for 45 days as required
by the regulations in 40 CFR 1503.1,
1502.20, 1506.11, and 1502.17, and 7
CFR 650.13. The DEIS is anticipated to
be published in the Federal Register,
approximately 6 months after
publication of this NOI. A Final EIS is
anticipated to be published within 5
months of completion of the public
comment period for the DEIS.
NRCS will decide whether to
implement one of the action alternatives
as evaluated in the EIS. A Record of
Decision will be completed after the
required 30-day waiting period and will
be publicly available. The responsible
Federal official and decision maker for
NRCS is the Nebraska NRCS State
Conservationist.
ddrumheller on DSK120RN23PROD with NOTICES1
Public Scoping Process
A public scoping meeting was held on
February 23, 2021. Comments received,
including the names and addresses of
those who commented, were part of the
public record. Scoping meeting
presentation materials were available for
review and comment for 30 days from
February 23, 2021, through March 25,
2021. The date, time, and location for a
second meeting will be announced on
the project website.
Federal, State, Tribal, local agencies
and representatives, and the public were
invited to take part in the watershed
plan scoping period. CPNRD and NRCS
organized the public scoping meeting to
provide an opportunity to review and
evaluate the project alternatives, express
concern, or support, and gain further
information regarding the project. To
determine the most viable alternatives
for the EIS, CPNRD used input obtained
during public scoping discussions to
focus on relevant resource concerns and
issues and eliminated those that were
not relevant from further detailed study.
NRCS will coordinate the scoping
process to correspond with section 106
of the National Historic Preservation Act
(NHPA) (54 U.S.C. 306108) as allowed
in 36 CFR 800.2(d)(3) and 800.8.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, Tribes,
consulting parties, and individuals that
have special expertise, legal
jurisdiction, or interest in the Elm and
Turkey Creeks watersheds to provide
written comments concerning the scope
of the analysis and identification of
potential alternatives, information, and
analyses relevant to the Proposed
Action.
The information about historic and
cultural resources within the area
potentially affected by the proposed
project will assist NRCS in identifying
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and evaluating impacts to such
resources in the context of both NEPA
and NHPA.
NRCS will consult with applicable
Native American tribes on a
government-to-government basis in
accordance with the regulations in 36
CFR 800.2 and 800.3, Executive Order
13175, and other policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources and historic
properties, will be given due
consideration.
Authorities
This document is published as
specified by the NEPA regulations
regarding publication of an NOI to issue
an EIS (40 CFR 1501.9(d)). Watershed
planning is authorized under the
Watershed Protection and Flood
Prevention Act of 1954, as amended and
the Flood Control Act of 1944.
Federal Assistance Programs
The title and number of the Federal
Assistance Program as found in the
Assistance Listing 1 to which this
document applies is 10.904, Watershed
Protection and Flood Prevention.
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 project 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
1 See
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50551
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.
Individuals 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
telephone) or dial 711 for
Telecommunications Relay Service
(both voice and text telephone users can
initiate this call from any phone).
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
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: (1) mail to: U.S. Department
of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; (2) Fax: (202) 690–
7442; or (3) email: program.intake@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Robert D. Lawson,
Nebraska State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2024–13128 Filed 6–13–24; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2024–0011]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Lower Bear River Watershed Plan
in Box Elder County, Utah
Natural Resources
Conservation Service, USDA.
ACTION: Notice of Intent (NOI) To
Prepare an Environmental Impact
Statement (EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Utah State
Office announces its intent to prepare
an EIS for the Lower Bear River
SUMMARY:
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Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Watershed Plan in Box Elder County,
Utah. The proposed EIS will examine
alternative solutions to address
agricultural water management, prevent
flooding, protect the watershed, and
enhance recreational opportunities in
Tremonton, Elwood, Bear River City,
Garland, and portions of unincorporated
Box Elder County. The Lower Bear River
Watershed includes small cities and
towns, existing irrigation and municipal
water resource infrastructure, U.S.
Forest Service-managed land in the
upper watershed, and wetlands
associated with the Great Salt Lake
(GSL). 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 July 15, 2024. We will
consider comments received after close
of the comment period 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–2024–0011. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: Derek
Hamilton, Water Resources Coordinator,
USDA, NRCS, Utah State Office, 125 S
State Street, #4010, Salt Lake City, Utah
84138. In your comments, specify the
docket ID NRCS–2024–0011.
All comments received will be posted
without change and made publicly
available on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Derek Hamilton: telephone: (801) 524–
4560; email: derek.hamilton@usda.gov.
Individuals who require alternative
means for communication should
contact the U.S. Department of
Agriculture (USDA) Target Center at
(202) 720–2600 (voice and text
telephone (TTY)) or dial 711 for
Telecommunications Relay service (both
voice and text telephone users can
initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary purpose for the EIS is to
protect the Lower Bear River Watershed
in Box Elder County, Utah by providing
management options to secure the
agricultural water supply, developing
secondary water systems for growing
communities with limited water
resources, reducing potential for flood
damage in previously flooded areas, and
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enhancing recreational opportunities for
the community. Watershed planning is
authorized under the Watershed
Protection and Flood Prevention Act of
1954 (Pub. L. 83–566), as amended, and
the Flood Control Act of 1944 (Pub. L.
78–534).
This watershed plan is cosponsored
by the Bear River Water Conservancy
District and the Bear River Canal
Company. The proposed action is
needed to address deficiencies in the
agricultural water delivery system in the
area by improving the reliability and
efficiency of water delivery. Canal
improvements, diversion and headgate
automation, and secondary water
systems are needed for sustainability
and reliability within the watershed.
Floodwater improvements, including
piping and trenching to route flows and
ponds and control gates to detain and
release flows, are needed to reduce
damage to farms, homes, roadways,
businesses, and industry.
Improvements such as levee
construction, sediment removal,
delivery system automation, and bank
stabilization are needed to reduce
flooding, erosion, sediment, and
agriculture-related pollution and
enhance wetlands and wildlife habitat.
Additionally, trails are needed to
enhance recreational opportunities to
bike or walk within areas of the
watershed.
Estimated federal funds required for
the construction of the proposed action
may exceed $25 million and the
proposed action will, therefore, require
congressional approval per the 2018
Agriculture Appropriations Act
amended funding threshold. In
accordance with the regulation in 7 CFR
650.7(a)(2), an EIS is required for
projects requiring congressional
approval.
Preliminary Proposed Action and
Alternatives, Including No Action
The EIS objective is to formulate and
evaluate alternatives for agricultural
water management, flood control and
prevention, watershed protection, and
recreational opportunities in the
249,572 acre Lower Bear River
Watershed area. The EIS is expected to
evaluate three alternatives: two action
alternatives, and one no action
alternative. The alternatives that may be
considered for detailed analysis include:
• Alternative 1—No Action
Alternative: Taking no action would
consist of activities conducted if no
federal action or funding were provided.
If the No Action Alternative is selected,
the Hammond Main and West Canals
would not be improved. Irrigators
would likely have more periods without
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water to irrigate crops as repairs would
be needed to address periodic canal
failures. Water shortages would lead to
associated crop and related economic
losses. Communities within the
watershed would need to restrict
growth. Property owners would need to
plan for periodic flooding of their
properties and be prepared for the
cleanup and repairs associated with that
flooding. Managers of waterfowl habitat
areas would need to remove sediment
from key water holding areas
periodically and would not be able to
deliver water where it is needed in areas
where levees are failing. The existing
structures would continue to operate in
their deteriorating condition and would
not meet the purpose and need of
agricultural water management
improvement, flood prevention,
watershed protection, or enhancement
of recreational opportunities.
• Alternative 2—Proposed Action—
Combine Canals Alternative. The
proposed action would combine the
Bear River Canal Company’s Hammond
Main Canal into the West Main Canal
through the canyon area to reduce the
breach risk and improve delivery
efficiencies. The West Canal would be
improved by installing box culverts
through the canyon and would require
siphoning water across the Bear River.
This alternative would also install
automation and telemetry to existing
irrigation canal head gates, pipe the
Highland Ditch and other canals to
improve water delivery near the ends of
canals, construct agricultural water
equalization ponds, and construct
secondary water systems within
Tremonton, Elwood, Bear River City,
and Garland. Additionally, to address
flood concerns, this alternative would
install flood control channels and ponds
around Tremonton, construct a flood
control pond in the Bothwell Pocket,
and improve a spillway along the Malad
River. To protect the watershed by
reducing floodwaters, erosion, and
sediment, and improving habitat near
the GSL, the proposed action would
improve levees, dikes, and banks along
waterways near the GSL and the Bear
River Migratory Bird Refuge and
construct a sediment basin at Salt Creek.
This alternative would also construct a
recreational trail along the railway and
an existing canal alignment through
Tremonton to provide recreational
opportunities.
• Alternative 3—Reasonable
Alternative—Hammond Main and West
Main Canal Improvement Alternative.
The alternative would enclose the Bear
River Canal Company’s Hammond Main
and West Main Canals through the
canyon to reduce the breach risk and
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Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices
improve delivery efficiencies and would
not require siphoning water across the
Bear River. Besides the Hammond Main
and West Main Canal improvements
and associated actions, the remainder of
agricultural water improvements (i.e.,
automation and telemetry installation,
Highland Ditch and other canal piping,
secondary water systems construction,
etc.) and all flood control, watershed
protection, and recreation
improvements would be the same as in
Alternative 2.
Summary of Expected Impacts
As mentioned above, the estimated
Federal contribution to construction
cost will exceed $25 million.
The EIS will be prepared as required
by section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA); the Council on Environmental
Quality Regulations (40 CFR parts 1500–
1508); and NRCS regulations that
implement NEPA in 7 CFR part 650.
Resource concerns for scoping were
identified and categorized as relevant or
not relevant to the proposed action. The
Bear River Water Conservancy District,
the Bear River Canal Company, and
NRCS evaluated the current condition of
the Lower Bear River watershed along
with relevant resource concerns for each
proposed solution. Environmental
resources in the project area consist of
the natural and man-made resources.
Resource concerns to be identified and
addressed in the Watershed Plan-EIS
include wetland and channel alteration,
potential disturbances to wildlife, and
disturbances to riparian areas. Longterm beneficial effects would include
more efficient irrigation delivery for the
agricultural system, water quality
improvement, and irrigation water
supply improvement through secondary
water development. Additionally,
proposed activities would reduce strain
on existing secondary residential water
supply systems, reduce flooding danger,
protect the watershed, and provide
recreational opportunities within the
watershed.
ddrumheller on DSK120RN23PROD with NOTICES1
Anticipated Permits and Authorizations
The following permits and
authorizations are anticipated to be
required:
• Federal Emergency Management
Agency Floodplain Development permit.
Implementation of the proposed action
would require coordination with the
local floodplain administrator and may
require a Floodplain Development
Permit to ensure all development and
engineering requirements for
construction within the Special Flood
Hazard Areas are implemented.
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• Clean Water Act (CWA) and
National Pollutant Discharge
Elimination System (NPDES). The
proposed action may require water
quality certification under Section 401
of the CWA, permitting under Section
402 of the NPDES, and Section 404 of
the CWA for potential impacts to
wetlands and Waters of the United
States.
• National Historic Preservation Act
(NHPA) Section 106. Consultation with
Tribal Nations and interested parties
would be conducted as required by the
NHPA.
• Local Encroachment. Consultation
and potential encroachment permits
would be required with Tremonton,
Elwood, Bear River City, Garland, and
Box Elder County for all construction
work within the local roadway rights-ofway.
• Encroachment Permit. The
proposed action may require
coordination and permitting with Utah
Department of Transportation for
temporary construction work within
state and federal roadway rights-of-way.
Schedule of Decision-Making Process
A Draft EIS (DEIS) will be prepared
and circulated for review and comment
by agencies, Tribes, consulting parties,
and the public for 45 days as required
by the regulations in 40 CFR 1503.1,
1502.20, 1506.11, and 1502.17, and 7
CFR 650.13. The DEIS is anticipated to
be published in the Federal Register,
approximately 21 months after
publication of this NOI. A Final EIS is
anticipated to be published within 3
months of completion of the public
comment period for the DEIS.
NRCS will decide whether to
implement one of the action alternatives
as evaluated in the EIS. A Record of
Decision will be completed after the
required 30-day waiting period and will
be publicly available. The responsible
Federal official and decision maker for
NRCS is the Utah State Conservationist.
Public Scoping Process
A public scoping meeting was held on
November 9, 2023. Comments received,
including the names and addresses of
those who commented, are part of the
public record. The date, time, and
location for a second meeting will be
announced on the project website.
Federal, State, Tribal, local agencies
and representatives, and the public were
invited to take part in the watershed
plan scoping period. The Bear River
Water Conservancy District, the Bear
River Canal Company, and NRCS
organized the public scoping meeting to
provide an opportunity to review and
evaluate the project alternatives, express
PO 00000
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50553
concern, or support, and gain further
information regarding the project. To
determine the most viable alternatives
to carry forward to the EIS, the Bear
River Water Conservancy District, the
Bear River Canal Company, and NRCS
used input obtained during public
scoping discussions to focus on relevant
resource concerns and issues and
eliminated those that were not relevant
from further detailed study. The U.S.
Environmental Protection Agency, U.S.
Army Corps of Engineers, and U.S.
Bureau of Reclamation have joined as
cooperating agencies, and will continue
to be consulted throughout this process.
NRCS will coordinate the scoping
process to correspond with Section 106
of the NHPA (54 U.S.C. 306108), as
allowed in 36 CFR 800.2(d)(3) and
800.8.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, Tribes,
consulting parties, and individuals that
have special expertise, legal
jurisdiction, or interest in the Lower
Bear River Watershed Plan to provide
written comments concerning the scope
of the analysis and identification of
potential alternatives, information, and
analyses relevant to the Proposed
Action.
The information about historic and
cultural resources within the area
potentially affected by the proposed
project will assist NRCS in identifying
and evaluating impacts to such
resources in the context of both NEPA
and NHPA.
NRCS will consult with Native
American tribes on a government-togovernment basis in accordance with
the regulations in 36 CFR 800.2 and
800.3, Executive Order 13175, and other
policies. Tribal concerns, including
impacts on Indian trust assets and
potential impacts to cultural resources
and historic properties, will be given
due consideration.
Authorities
This document is published as
specified by the NEPA regulations
regarding publication of an NOI to issue
an EIS (40 CFR 1501.9(d)). Watershed
planning is authorized under the
Watershed Protection and Flood
Prevention Act of 1954, as amended and
the Flood Control Act of 1944.
Federal Assistance Programs
The title and number of the Federal
Assistance Program as found in the
Assistance Listing 1 to which this
1 See
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50554
Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Notices
document applies is 10.904, Watershed
Protection and Flood Prevention.
ddrumheller on DSK120RN23PROD with NOTICES1
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 project 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.
Individuals 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
telephone) or dial 711 for
Telecommunications Relay Service
(both voice and text telephone users can
initiate this call from any phone).
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
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
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17:13 Jun 13, 2024
Jkt 262001
USDA by: (1) mail to: U.S. Department
of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; (2) Fax: (202) 690–
7442; or (3) email: program.intake@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Travis Mote,
Acting Utah State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2024–13062 Filed 6–13–24; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
[Docket No. RHS–24–SFH–0009]
Notice of Funding Availability for the
Section 533 Housing Preservation
Grant (HPG) for Fiscal Year 2024
Rural Housing Service,
Department of Agriculture.
ACTION: Notice.
AGENCY:
The Rural Housing Service
(RHS or the Agency), a Rural
Development (RD) mission area agency
of the United States Department of
Agriculture (USDA), announces the
availability of $12.2 million in funding
for the Housing Preservation Grant
(HPG) program for fiscal year (FY) 2024,
which includes approximately $2.2
million that will be made available for
disaster assistance. The funds are
available to eligible sponsoring
organizations for the repair or
rehabilitation of housing owned or
occupied by low- and very-low-income
rural citizens under the HPG Program.
This notice announces the opening and
closing dates for receipt of
preapplications for HPG funds,
including the availability of calendar
year 2022 disaster assistance, from
eligible applicants, as well as
submission requirements. Expenses
incurred in developing preapplications
will be at the applicant’s cost.
DATES: Completed preapplications for
grants must be submitted according to
one of the following methods:
• Paper Submissions: The deadline
for receipt of a paper preapplication is
4:30 p.m. local time, July 29, 2024.
Applicants intending to mail
preapplications must provide sufficient
time to permit delivery on or before the
closing deadline date and time.
Acceptance by the United States Postal
Service or private mailer does not
constitute delivery. Facsimile (FAX),
and postage due applications will not be
SUMMARY:
PO 00000
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accepted. The preapplication dates and
times are firm. The Agency will not
consider any preapplication received
after the deadline.
• Electronic submissions: Electronic
preapplications must be received by
email or submitted to Grants.gov. The
deadline for receipt of an electronic
preapplication is 11:59 p.m. Eastern
Time on July 29, 2024. The
preapplication dates and times are firm.
The Agency will not consider any
preapplication received after the
deadline. The Agency will not solicit or
consider scoring or eligibility
information that is submitted after the
preapplication deadline. The Agency
will not consider any preapplication
received after the deadline. The Agency
reserves the right to contact applicants
to seek clarification information on
materials contained in the submitted
preapplication.
Application Submission:
Entities wanting to apply for assistance
may download the preapplication
documents and requirements as stated
in this Notice from the HPG website:
https://www.rd.usda.gov/programsservices/single-family-housingprograms/housing-preservation-grants.
Applicants will also find the
requirements in the HPG program
regulation found in 7 CFR 1944 (Subpart
N). Preapplication information for
electronic submissions may be found at
https://www.Grants.gov.
Applicants may also request paper
preapplication packages from the RD
office in their state. A list of Rural
Development State Office (RDSO)
contacts can be found via: https://
www.rd.usda.gov/about-rd/state-offices.
FOR FURTHER INFORMATION CONTACT:
Mandy Couture, Finance and Loan
Analyst, Single Family Housing Direct
Division, Special Programs and New
Initiatives Branch at (515) 418–2188
(voice) (this is not a toll-free number) or
email: Mandy.Couture@usda.gov. You
may also contact the RD office for the
state in which the applicant is located.
A list of RDSO contacts is provided at:
https://www.rd.usda.gov/about-rd/stateoffices.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Overview
Federal Awarding Agency Name:
Rural Housing Service.
Funding Opportunity Title: Housing
Preservation Grant (HPG).
Announcement Type: Notice of
Funding Availability (NOFA).
Funding Opportunity Number:
USDA–RD–HCFP–HPG–2024.
Assistance Listing: 10.433.
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]]>Agencies
[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50551-50554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13062]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0011]
Notice of Intent To Prepare an Environmental Impact Statement for
the Lower Bear River Watershed Plan in Box Elder County, Utah
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of Intent (NOI) To Prepare an Environmental Impact
Statement (EIS).
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) Utah State
Office announces its intent to prepare an EIS for the Lower Bear River
[[Page 50552]]
Watershed Plan in Box Elder County, Utah. The proposed EIS will examine
alternative solutions to address agricultural water management, prevent
flooding, protect the watershed, and enhance recreational opportunities
in Tremonton, Elwood, Bear River City, Garland, and portions of
unincorporated Box Elder County. The Lower Bear River Watershed
includes small cities and towns, existing irrigation and municipal
water resource infrastructure, U.S. Forest Service-managed land in the
upper watershed, and wetlands associated with the Great Salt Lake
(GSL). 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 July 15, 2024. We
will consider comments received after close of the comment period 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-2024-0011. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: Derek Hamilton, Water Resources
Coordinator, USDA, NRCS, Utah State Office, 125 S State Street, #4010,
Salt Lake City, Utah 84138. In your comments, specify the docket ID
NRCS-2024-0011.
All comments received will be posted without change and made
publicly available on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Derek Hamilton: telephone: (801) 524-
4560; email: [email protected]. Individuals who require
alternative means for communication should contact the U.S. Department
of Agriculture (USDA) Target Center at (202) 720-2600 (voice and text
telephone (TTY)) or dial 711 for Telecommunications Relay service (both
voice and text telephone users can initiate this call from any
telephone).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary purpose for the EIS is to protect the Lower Bear River
Watershed in Box Elder County, Utah by providing management options to
secure the agricultural water supply, developing secondary water
systems for growing communities with limited water resources, reducing
potential for flood damage in previously flooded areas, and enhancing
recreational opportunities for the community. Watershed planning is
authorized under the Watershed Protection and Flood Prevention Act of
1954 (Pub. L. 83-566), as amended, and the Flood Control Act of 1944
(Pub. L. 78-534).
This watershed plan is cosponsored by the Bear River Water
Conservancy District and the Bear River Canal Company. The proposed
action is needed to address deficiencies in the agricultural water
delivery system in the area by improving the reliability and efficiency
of water delivery. Canal improvements, diversion and headgate
automation, and secondary water systems are needed for sustainability
and reliability within the watershed.
Floodwater improvements, including piping and trenching to route
flows and ponds and control gates to detain and release flows, are
needed to reduce damage to farms, homes, roadways, businesses, and
industry.
Improvements such as levee construction, sediment removal, delivery
system automation, and bank stabilization are needed to reduce
flooding, erosion, sediment, and agriculture-related pollution and
enhance wetlands and wildlife habitat.
Additionally, trails are needed to enhance recreational
opportunities to bike or walk within areas of the watershed.
Estimated federal funds required for the construction of the
proposed action may exceed $25 million and the proposed action will,
therefore, require congressional approval per the 2018 Agriculture
Appropriations Act amended funding threshold. In accordance with the
regulation in 7 CFR 650.7(a)(2), an EIS is required for projects
requiring congressional approval.
Preliminary Proposed Action and Alternatives, Including No Action
The EIS objective is to formulate and evaluate alternatives for
agricultural water management, flood control and prevention, watershed
protection, and recreational opportunities in the 249,572 acre Lower
Bear River Watershed area. The EIS is expected to evaluate three
alternatives: two action alternatives, and one no action alternative.
The alternatives that may be considered for detailed analysis include:
Alternative 1--No Action Alternative: Taking no action
would consist of activities conducted if no federal action or funding
were provided. If the No Action Alternative is selected, the Hammond
Main and West Canals would not be improved. Irrigators would likely
have more periods without water to irrigate crops as repairs would be
needed to address periodic canal failures. Water shortages would lead
to associated crop and related economic losses. Communities within the
watershed would need to restrict growth. Property owners would need to
plan for periodic flooding of their properties and be prepared for the
cleanup and repairs associated with that flooding. Managers of
waterfowl habitat areas would need to remove sediment from key water
holding areas periodically and would not be able to deliver water where
it is needed in areas where levees are failing. The existing structures
would continue to operate in their deteriorating condition and would
not meet the purpose and need of agricultural water management
improvement, flood prevention, watershed protection, or enhancement of
recreational opportunities.
Alternative 2--Proposed Action--Combine Canals
Alternative. The proposed action would combine the Bear River Canal
Company's Hammond Main Canal into the West Main Canal through the
canyon area to reduce the breach risk and improve delivery
efficiencies. The West Canal would be improved by installing box
culverts through the canyon and would require siphoning water across
the Bear River. This alternative would also install automation and
telemetry to existing irrigation canal head gates, pipe the Highland
Ditch and other canals to improve water delivery near the ends of
canals, construct agricultural water equalization ponds, and construct
secondary water systems within Tremonton, Elwood, Bear River City, and
Garland. Additionally, to address flood concerns, this alternative
would install flood control channels and ponds around Tremonton,
construct a flood control pond in the Bothwell Pocket, and improve a
spillway along the Malad River. To protect the watershed by reducing
floodwaters, erosion, and sediment, and improving habitat near the GSL,
the proposed action would improve levees, dikes, and banks along
waterways near the GSL and the Bear River Migratory Bird Refuge and
construct a sediment basin at Salt Creek. This alternative would also
construct a recreational trail along the railway and an existing canal
alignment through Tremonton to provide recreational opportunities.
Alternative 3--Reasonable Alternative--Hammond Main and
West Main Canal Improvement Alternative. The alternative would enclose
the Bear River Canal Company's Hammond Main and West Main Canals
through the canyon to reduce the breach risk and
[[Page 50553]]
improve delivery efficiencies and would not require siphoning water
across the Bear River. Besides the Hammond Main and West Main Canal
improvements and associated actions, the remainder of agricultural
water improvements (i.e., automation and telemetry installation,
Highland Ditch and other canal piping, secondary water systems
construction, etc.) and all flood control, watershed protection, and
recreation improvements would be the same as in Alternative 2.
Summary of Expected Impacts
As mentioned above, the estimated Federal contribution to
construction cost will exceed $25 million.
The EIS will be prepared as required by section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA); the Council on
Environmental Quality Regulations (40 CFR parts 1500-1508); and NRCS
regulations that implement NEPA in 7 CFR part 650.
Resource concerns for scoping were identified and categorized as
relevant or not relevant to the proposed action. The Bear River Water
Conservancy District, the Bear River Canal Company, and NRCS evaluated
the current condition of the Lower Bear River watershed along with
relevant resource concerns for each proposed solution. Environmental
resources in the project area consist of the natural and man-made
resources. Resource concerns to be identified and addressed in the
Watershed Plan-EIS include wetland and channel alteration, potential
disturbances to wildlife, and disturbances to riparian areas. Long-term
beneficial effects would include more efficient irrigation delivery for
the agricultural system, water quality improvement, and irrigation
water supply improvement through secondary water development.
Additionally, proposed activities would reduce strain on existing
secondary residential water supply systems, reduce flooding danger,
protect the watershed, and provide recreational opportunities within
the watershed.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
Federal Emergency Management Agency Floodplain Development
permit. Implementation of the proposed action would require
coordination with the local floodplain administrator and may require a
Floodplain Development Permit to ensure all development and engineering
requirements for construction within the Special Flood Hazard Areas are
implemented.
Clean Water Act (CWA) and National Pollutant Discharge
Elimination System (NPDES). The proposed action may require water
quality certification under Section 401 of the CWA, permitting under
Section 402 of the NPDES, and Section 404 of the CWA for potential
impacts to wetlands and Waters of the United States.
National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties would be
conducted as required by the NHPA.
Local Encroachment. Consultation and potential
encroachment permits would be required with Tremonton, Elwood, Bear
River City, Garland, and Box Elder County for all construction work
within the local roadway rights-of-way.
Encroachment Permit. The proposed action may require
coordination and permitting with Utah Department of Transportation for
temporary construction work within state and federal roadway rights-of-
way.
Schedule of Decision-Making Process
A Draft EIS (DEIS) will be prepared and circulated for review and
comment by agencies, Tribes, consulting parties, and the public for 45
days as required by the regulations in 40 CFR 1503.1, 1502.20, 1506.11,
and 1502.17, and 7 CFR 650.13. The DEIS is anticipated to be published
in the Federal Register, approximately 21 months after publication of
this NOI. A Final EIS is anticipated to be published within 3 months of
completion of the public comment period for the DEIS.
NRCS will decide whether to implement one of the action
alternatives as evaluated in the EIS. A Record of Decision will be
completed after the required 30-day waiting period and will be publicly
available. The responsible Federal official and decision maker for NRCS
is the Utah State Conservationist.
Public Scoping Process
A public scoping meeting was held on November 9, 2023. Comments
received, including the names and addresses of those who commented, are
part of the public record. The date, time, and location for a second
meeting will be announced on the project website.
Federal, State, Tribal, local agencies and representatives, and the
public were invited to take part in the watershed plan scoping period.
The Bear River Water Conservancy District, the Bear River Canal
Company, and NRCS organized the public scoping meeting to provide an
opportunity to review and evaluate the project alternatives, express
concern, or support, and gain further information regarding the
project. To determine the most viable alternatives to carry forward to
the EIS, the Bear River Water Conservancy District, the Bear River
Canal Company, and NRCS used input obtained during public scoping
discussions to focus on relevant resource concerns and issues and
eliminated those that were not relevant from further detailed study.
The U.S. Environmental Protection Agency, U.S. Army Corps of Engineers,
and U.S. Bureau of Reclamation have joined as cooperating agencies, and
will continue to be consulted throughout this process.
NRCS will coordinate the scoping process to correspond with Section
106 of the NHPA (54 U.S.C. 306108), as allowed in 36 CFR 800.2(d)(3)
and 800.8.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, consulting parties, and individuals
that have special expertise, legal jurisdiction, or interest in the
Lower Bear River Watershed Plan to provide written comments concerning
the scope of the analysis and identification of potential alternatives,
information, and analyses relevant to the Proposed Action.
The information about historic and cultural resources within the
area potentially affected by the proposed project will assist NRCS in
identifying and evaluating impacts to such resources in the context of
both NEPA and NHPA.
NRCS will consult with Native American tribes on a government-to-
government basis in accordance with the regulations in 36 CFR 800.2 and
800.3, Executive Order 13175, and other policies. Tribal concerns,
including impacts on Indian trust assets and potential impacts to
cultural resources and historic properties, will be given due
consideration.
Authorities
This document is published as specified by the NEPA regulations
regarding publication of an NOI to issue an EIS (40 CFR 1501.9(d)).
Watershed planning is authorized under the Watershed Protection and
Flood Prevention Act of 1954, as amended and the Flood Control Act of
1944.
Federal Assistance Programs
The title and number of the Federal Assistance Program as found in
the Assistance Listing \1\ to which this
[[Page 50554]]
document applies is 10.904, Watershed Protection and Flood Prevention.
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\1\ See https://sam.gov/content/assistance-listings.
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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 project 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.
Individuals 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 telephone) or dial 711
for Telecommunications Relay Service (both voice and text telephone
users can initiate this call from any phone). 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 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: (1) mail to: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 20250-9410; (2) Fax: (202) 690-
7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Travis Mote,
Acting Utah State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2024-13062 Filed 6-13-24; 8:45 am]
BILLING CODE 3410-16-P
