[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Pages 35754-35756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13079]


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

DEPARTMENT OF DEFENSE

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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Notice of Availability of the Draft Environmental Impact 
Statement for the Lower Yellowstone Intake Diversion Dam Fish Passage 
Project, Dawson County, Montana

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

ACTION: Notice.

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

SUMMARY: The U.S. Army Corps of Engineers (Corps) and Reclamation, as 
joint lead agencies, have made available for public review and comment 
the Lower Yellowstone Intake Diversion Dam Fish Passage Project Draft 
Environmental Impact Statement (Draft EIS). The Draft EIS analyzes and 
discloses potential effects associated with the proposed Federal action 
to improve passage for endangered pallid sturgeon and other native fish 
at Intake Diversion Dam in the lower Yellowstone River while continuing 
the effective and viable operation of the Lower Yellowstone Project.

DATES: Submit written comments on the Draft EIS on or before July 18, 
2016.
    Two public meetings to share information and for the public to 
provide oral or written comments will be held on:
     Tuesday, June 28, 2016, 5:30 p.m. to 9:00 p.m., in Sidney, 
MT and
     Wednesday, June 29, 2016, 5:30 p.m. to 9:00 p.m., in 
Glendive, MT.

Each meeting will begin with an open house at 5:30 p.m. followed by a 
formal presentation at 6:00 p.m.

ADDRESSES: Send written 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 public meetings will be held at the following locations:
     Richland County Fair Event Center, 5th Street SW., Sidney, 
MT.
     Dawson County High School Auditorium, 900 N. Merrill Ave., 
Glendive, MT.

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 (NEPA), as amended, 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 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 54,000 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. 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

[[Page 35755]]

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 for the Corps in 
the 2003 Missouri River Amended Biological Opinion 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.
    This notice announces the availability of the Draft EIS for the 
Lower Yellowstone Intake Diversion Dam Fish Passage Project and begins 
a 45-day public comment period on the range of alternatives and effects 
analysis. Analysis in the Draft EIS will support a decision on the 
selection of an alternative. Current and past project information and 
analyses can be accessed at: www.usbr.gov/gp/mtao/loweryellowstone.
    The Corps and Reclamation are serving as joint lead Federal 
agencies for the NEPA analysis process and preparation of the Draft 
EIS. The Corps is the administrative lead for NEPA compliance 
activities during the preparation of the Draft EIS. State, Federal, and 
local agencies with specialized expertise or jurisdictional 
responsibilities are participating as cooperating agencies. Cooperating 
agencies include the U.S. Fish and Wildlife Service; Western Area Power 
Administration; Montana Fish, Wildlife and Parks; Montana Department of 
Natural Resources and Conservation; and the Lower Yellowstone 
Irrigation Project.
    The purpose of the Lower Yellowstone Intake Diversion Dam Fish 
Passage Project is to improve passage for the endangered pallid 
sturgeon while continuing the effective and viable operation of the 
Lower Yellowstone Project. The Draft EIS analyzes six alternatives 
which includes a No Action Alternative.
    The No Action Alternative would continue the ongoing operations, 
maintenance, and rehabilitation of the Lower Yellowstone Project 
including diversion up to 1,374 cubic feet per second (cfs) of water 
through the screened headworks; rocking of the weir as needed to 
continue diversions during low flow periods; routine maintenance of the 
headworks, weir, and irrigation distribution facilities and pumps; 
rehabilitation of the trolley; and associated activities to comply with 
state and Federal law.
    The Rock Ramp Alternative includes abandonment of the existing 
weir; construction of a new concrete weir and shallow sloped rock ramp 
to improve instream fish passage; maintenance of the new weir and rock 
ramp, continued diversion up to 1,374 cfs through the screened 
headworks; and continued operation and maintenance of the irrigation 
distribution facilities and pumps.
    The Bypass Channel Alternative (Preferred Alternative) includes 
abandonment of the existing weir; construction of a new concrete weir; 
construction, operation, and maintenance of a two-mile long bypass 
channel for fish passage around the weir; placement of fill in the 
upstream portion of existing side channel for stabilization; continued 
diversion up to 1,374 cfs through the screened headworks; and continued 
operation and maintenance of the irrigation distribution facilities and 
pumps.
    The Modified Side Channel Alternative includes operation, 
maintenance, and rehabilitation of the existing weir and trolley; 
construction, operation, and maintenance of a 4.5-mile long bypass 
channel created by modifying the existing high-flow channel for fish 
passage around the weir; continued diversion up to 1,374 cfs through 
the screened headworks; construction, operation, and maintenance of an 
access bridge spanning the high-flow bypass channel; and continued 
operation and maintenance of the irrigation distribution facilities and 
pumps.
    The Multiple Pump Alternative includes the construction, operation, 
and maintenance of 5 screened surface pumping stations; removal of the 
existing weir; improved power infrastructure to increase capacity; land 
acquisition as necessary for power infrastructure and pump stations; 
continued diversion up to 1,374 cfs through the screened headworks; and 
continued operation and maintenance of the irrigation distribution 
facilities and existing pumps.
    The Multiple Pumps with Conservation Measures Alternative includes 
the construction, operation, and maintenance of seven pumping stations 
each with six Ranney Wells (total of 42 Ranney Wells); removal of the 
existing weir; construction, operation, and maintenance of wind 
turbines and infrastructure to provide power to pumping stations; land 
acquisition as necessary for power infrastructure and pump stations; 
diversion up to 608 cfs through the screened headworks or by pumping 
depending upon river flow; reconstruction of the Main Canal; 
installation of water conservation measures such as conversion of flood 
irrigation to sprinkler, lining canals, and piping laterals; and 
continued operation and maintenance of the irrigation distribution 
facilities and existing pumps.
    The Draft EIS evaluates the potential effects on the human 
environmental associated with each of the alternatives. Issues 
addressed include: Land use and vegetation; social and economic 
conditions; recreation; visual resources; water resources; air quality; 
climate change; biological resources; cultural resources; 
geomorphology; utilities and infrastructure; noise; Indian trust 
assets; and environmental justice.
    Schedule. A 45-day public comment period will begin June 3, 2016. 
Comments on the Draft EIS must be received by July 18, 2016. The Corps 
and Reclamation will consider and respond to all comments received on 
the Draft EIS when preparing the Final EIS. The Corps and Reclamation 
expect to issue the Final EIS in fall 2016, at which time a Notice of 
Availability will be published in the Federal Register. A Record of 
Decision is expected in winter 2016.
    The public 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 www.usbr.gov/gp/mtao/loweryellowstone to announce 
the updated meeting details.
    Special Assistance for Public Meeting. The meeting facility is 
physically accessible to people with disabilities. People needing 
special assistance to attend and/or participate in the meeting

[[Page 35756]]

should contact: U.S. Army Corp of Engineers Omaha District, ATTN: 
CENWO-PM-AA, 1616 Capitol Ave, Omaha, NE 68102; or email to [email protected]. To allow sufficient time to process special 
requests, please contact no later than one week before the public 
meeting.
    Public Disclosure Statement. If you wish to comment, you may mail 
or email your comments as indicated under the ADDRESSES section of this 
notice. 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.

Arlo J. Reese,
Major, Corps of Engineers, Deputy District Commander.
John F. Soucy,
Deputy Regional Director, Great Plains Region, Bureau of Reclamation.
[FR Doc. 2016-13079 Filed 6-2-16; 8:45 am]
 BILLING CODE 3720-58-P