[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 82-84]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33066]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, U.S. Army Corps of Engineers

DEPARTMENT OF THE INTERIOR

 Bureau of Reclamation


Notice of Intent To Prepare a Draft Environmental Impact 
Statement for the Intake Diversion Dam Fish Passage Project, Dawson 
County, Montana

AGENCIES: Department of the Army, U.S. Army Corps of Engineers, DoD; 
Department of the Interior, U.S. Bureau of Reclamation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (Corps) and the U.S. Bureau 
of Reclamation (Reclamation) propose to jointly prepare an 
environmental impact statement (EIS) that analyzes and discloses 
effects associated with actions to provide fish passage at the Intake 
Diversion Dam. The proposed Federal action is to improve passage for 
endangered pallid sturgeon and other native fish at Intake Diversion 
Dam in the lower Yellowstone River.
    The Corps and Reclamation will serve as joint lead Federal agencies 
in the preparation of the Intake Diversion Dam Fish Passage EIS. The 
Corps will serve as administrative lead for National Environmental 
Policy Act compliance activities during preparation of the EIS. The EIS 
will include consideration of a range of reasonable alternatives to the 
proposed Federal action that meet the purpose and need of improving 
passage while continuing a viable and effective

[[Page 83]]

operation of the Lower Yellowstone Project. The Corps and Reclamation 
will each consider and approve a Record of Decision regarding actions 
and decisions for which the respective agencies are responsible.

DATES: Submit written comments on the scope of the issues and 
alternatives to be considered in the EIS on or before February 18, 
2016.
    A public scoping meeting will be held on January 21, 2016, 6:00 
p.m. to 8:00 p.m., in Glendive, MT.

ADDRESSES: Send written scoping comments, requests to be added to the 
mailing list, or requests for sign language interpretation for the 
hearing impaired or other special assistance needs to U.S. Army Corps 
of Engineers Omaha District, ATTN: CENWO-PM-AA, 1616 Capitol Ave., 
Omaha, NE 68102; or email to [email protected].
    The scoping meeting will be located at Dawson County High School 
Auditorium, 900 N. Merrill Avenue, Glendive, MT 59330.

FOR FURTHER INFORMATION CONTACT: Ms. Tiffany Vanosdall, U.S. Army Corps 
of Engineers, 1616 Capitol Ave, Omaha, NE 68102, or 
[email protected].

SUPPLEMENTARY INFORMATION: The Corps and Reclamation are issuing this 
notice pursuant to section 102(2)(c) of the National Environmental 
Policy Act of 1969, as amended (NEPA), 42 U.S.C. 4321 et seq.; the 
Council on Environmental Quality's (CEQ) regulations for implementing 
the procedural provisions of NEPA, 43 CFR parts 1500 through 1508; the 
Department of the Interior's NEPA regulations, 43 CFR part 46.

Background Information

    Reclamation's Lower Yellowstone Project is located in eastern 
Montana and western North Dakota. Intake Diversion Dam is located 
approximately 70 miles upstream of the confluence of the Yellowstone 
and Missouri rivers near Glendive, Montana. The Lower Yellowstone 
Project was authorized by the Secretary of the Interior on May 10, 
1904. Construction of the Lower Yellowstone Project began in 1905 and 
included Intake Diversion Dam (also known as Yellowstone River 
Diversion Dam)--a 12-foot high wood and stone diversion dam that spans 
the Yellowstone River and diverts water into the Main Canal for 
irrigation. The Lower Yellowstone Project was authorized to provide a 
dependable water supply sufficient to irrigate approximately 52,000 
acres of land on the benches above the west bank of the Yellowstone 
River. Water is also supplied to irrigate approximately 830 acres in 
the Intake Irrigation Project and 2,200 acres in the Savage Unit. Both 
of the smaller irrigation projects pump water from the Main Canal. The 
average annual volume of water diverted for these projects is 327,046 
acre-feet.
    The U.S. Fish and Wildlife Service (Service) listed the pallid 
sturgeon as endangered under the Endangered Species Act (ESA) in 1990. 
The best available science suggests Intake Diversion Dam impedes 
upstream migration of pallid sturgeon and their access to spawning and 
larval drift habitats. The lower Yellowstone River is considered by the 
Service to provide one of the best opportunities for recovery of pallid 
sturgeon.
    Section 7(a)(2) requires each Federal agency to consult on any 
action authorized, funded, or carried out by the agency to ensure it 
does not jeopardize the continued existence of any endangered or 
threatened species. Reclamation has been in formal consultation with 
the Service to identify potential conservation measures to minimize 
adverse effects to pallid sturgeon associated with continued operation 
of the Lower Yellowstone Project. The Pallid Sturgeon Recovery Plan 
specifically identifies providing passage at Intake Diversion Dam to 
protect and restore pallid sturgeon populations. By providing passage 
at Intake Diversion Dam, approximately 165 river miles of spawning and 
larval drift habitat would become accessible in the Yellowstone River.
    Section 3109 of the 2007 Water Resources Development Act authorizes 
the Corps to use funding from the Missouri River Recovery and 
Mitigation Program to assist Reclamation in the design and construction 
of Reclamation's Lower Yellowstone Project at Intake, Montana for the 
purpose of ecosystem restoration. Planning and construction of the 
Intake Project is a Reasonable and Prudent Alternative (RPA) for the 
Corps in the 2003 Missouri River Amended Biological Opinion (BiOp) as 
amended by letter exchange in 2009, 2010, and 2013. The Reclamation 
Act/Newlands Act of 1902 (Pub. L. 161) authorizes Reclamation to 
construct and maintain the facilities associated with the Lower 
Yellowstone Project, which includes actions or modifications necessary 
to comply with Federal law such as the ESA.
    Reclamation initiated a collaborative effort with the Service; 
Corps; Montana Fish, Wildlife and Parks; and The Nature Conservancy 
through a Memorandum of Understanding (MOU) signed on July 8, 2005. 
Reclamation coordinated a value planning study in August 2005 with 
representatives from parties signatory to the MOU and the Lower 
Yellowstone Project Irrigation Districts to explore and evaluate a 
broad range of alternatives for fish passage and entrainment reduction.
    In 2010, Reclamation and the Corps authorized the construction of a 
rock ramp and new screened headworks with the completion of an 
Environmental Assessment and Finding of No Significant Impact. The 
construction of the new headworks is complete and began operation 
during the 2012 irrigation season. During the final design of the rock 
ramp, following the release of the 2010 Environmental Assessment and 
Finding of No Significant Impact, important new information on the 
design, constructability, and sustainability of the proposed rock ramp 
surfaced along with new information regarding pallid sturgeon movement 
which led to a reevaluation of fish passage options.
    In 2013, the Corps and Reclamation conducted a planning effort to 
examine new and previously considered alternatives. Following this 
effort, the Corps and Reclamation identified the bypass channel for 
detailed analysis which included a constraint related to Reclamation's 
obligation to deliver water necessary to continue a viable and 
effective operation of the Lower Yellowstone Project. A Supplemental 
Environmental Assessment and Finding of No Significant Impact selecting 
the bypass channel were completed in 2015. In response to concerns 
about the selected Bypass Channel Alternative, the Corps and 
Reclamation are proposing to prepare this EIS.
    The Corps and Reclamation will use the scoping period to fully 
identify the range of potentially significant issues, actions, 
alternatives, and impacts to be considered in the EIS. This scoping 
period will ensure the public has sufficient opportunity to review and 
comment on the proposed Federal action and reasonable alternatives for 
fish passage at Intake Diversion Dam. Public comments are invited and 
encouraged to assist agencies in identifying the scope of potentially 
significant environmental, social, and economic issues relevant to the 
proposed Federal action and determining reasonable alternatives to be 
considered in the EIS. Current and past project information and 
analyses can be accessed at: http://www.usbr.gov/gp/mtao/loweryellowstone.
    The Corps and Reclamation will host a public scoping meeting and 
are inviting agencies, tribes, non-

[[Page 84]]

governmental organizations, and the public to participate in an open 
exchange of information and to provide comments on the proposed scope 
of the EIS.
    As required by CEQ's implementing regulations, the EIS will include 
consideration of a range of reasonable alternatives to the proposed 
Federal action that meet the purpose and need of improving pallid 
sturgeon passage while continuing a viable and effective operation of 
the Lower Yellowstone Project. The EIS will analyze and disclose 
environmental impacts associated with the proposed Federal action and 
alternatives together with engineering, operations and maintenance, 
social, and economic considerations. The public is invited and 
encouraged to identify issues and effects that should be addressed in 
the EIS, as well as reasonable alternatives to improve fish passage at 
the Intake Diversion Dam.
    The public scoping meeting date or location may change based on 
inclement weather or exceptional circumstances. If the meeting date or 
location is changed, the Corps and Reclamation will issue a press 
release and post it on the web at http://www.usbr.gov/gp/mtao/loweryellowstone and http://www.nwo.usace.army.mil to announce the 
updated meeting details.

Special Assistance for Public Scoping Meeting

    The meeting facility is physically accessible to people with 
disabilities. People needing special assistance to attend and/or 
participate in the open house should contact: U.S. Army Corps of 
Engineers Omaha District, ATTN: CENWO-PM-AA, 1616 Capitol Ave, Omaha, 
NE 68102; or email [email protected]. To allow sufficient 
time to process special requests, please contact no later than one week 
before the public scoping meeting.

Public Disclosure Statement

    The Corps and Reclamation believe it is important to inform the 
public of the environmental review process. To assist the Corps and 
Reclamation in identifying and considering issues related to the 
proposed Federal action, comments made during formal scoping and later 
on the draft EIS should be as specific as possible. Reviewers must 
structure their participation in the environmental review of the 
proposal so that it is meaningful and alerts the Corps and Reclamation 
to the reviewer's position and contentions. It is very important that 
those interested in this proposed Federal action participate by the 
close of the scoping period so that substantive comments and objections 
are made available to the Corps and Reclamation at a time when they can 
meaningfully consider and respond to them.
    If you wish to comment, you may mail or email your comments as 
indicated under the ADDRESSES section. Before including your address, 
phone number, email address, or any other personal identifying 
information in your comment, you should be aware that your entire 
comment--including your personal identifying information--may be made 
available to the public at any time. While you can request in your 
comment for us to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

John W. Henderson,
Colonel, Corps of Engineers, District Commander.
John F. Soucy,
Deputy Regional Director, Great Plains Region, Bureau of Reclamation.
[FR Doc. 2015-33066 Filed 12-31-15; 8:45 am]
 BILLING CODE 3720-58-P