[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40197-40199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13130]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0010]


Notice of Intent To Prepare an Environmental Impact Statement for 
the St. Mary Canal Modernization Project, Glacier County, MT

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of intent (NOI) to prepare an environmental impact 
statement (EIS).

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SUMMARY: The Natural Resources Conservation Service (NRCS) Montana 
State Office, in coordination with the U.S. Bureau of Reclamation, 
announces its intent to prepare a Watershed Plan and EIS for the St. 
Mary Canal Modernization Watershed Project (Milk River Project), 
located east of Babb, in Glacier County, Montana. The proposed 
Watershed Plan will examine alternatives through the EIS process for 
improving the St. Mary Canal system to provide for 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 August 7, 2023. 
Comments received after close of 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 http://www.regulations.gov and search for docket ID NRCS-2023-0010. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Alyssa Fellow, Environmental 
Compliance Specialist, 10 East Babcock Street, Room 443, Bozeman, MT 
59715. For written comments, specify the docket ID NRCS-2023-0010.
    All comments received will be posted without change and made 
publicly available on www.regulation.gov.

FOR FURTHER INFORMATION CONTACT: Alyssa Fellow; telephone: (406) 587-
6712; email: [email protected] for questions related to submitting 
comments; or visit the project website: https://www.milkriverproject.com/projects/watershed/. 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 of the proposed watershed project is to improve 
agricultural water management by rehabilitating and modernizing the St. 
Mary Canal along its existing alignment in Glacier County, Montana. 
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).
    The proposed project is needed due to existing St. Mary Canal 
system inadequacies, as well as the risk of infrastructure failure. The 
current St. Mary Canal system inadequacies have reduced the water 
delivery reliability to users who rely on the St. Mary Canal for 
agricultural, municipal, residential, industrial, and recreational 
uses. Failure could lead to environmental damage on the Blackfeet 
Indian Reservation, the St. Mary River, and the North Fork Milk River.
    The Milk River Joint Board of Control (MRJBOC) is the umbrella 
organization that works with the U.S. Bureau of Reclamation to operate 
and maintain the St. Mary Canal for the users that receive Milk River 
Project water. Milk River Project water diverted from the St. Mary 
River is conveyed through the St. Mary Canal to the North Fork Milk 
River. The Milk River Project supplies water to approximately 120,000 
acres, including eight irrigation districts, the Blackfeet Indian 
Reservation, numerous private irrigators, several municipalities, and 
the Bowdoin National Wildlife Refuge.
    The proposed Milk River Project will address the deteriorating 
state of the St. Mary Canal and associated infrastructure including the 
29 mile St. Mary Canal, siphons, and concrete drops. Most of the 
structures have exceeded their design life and require major repairs or 
replacement. Aging of the St. Mary Canal system has resulted in reduced 
flow rates from the original design of 850 cubic feet per second (cfs) 
to around 600 cfs. The steel siphons are at risk of failure due to 
slope stability problems and leaks, and the concrete in three of the 
five drop structures are severely deteriorating. According to a report 
published by the Montana Department of Natural Resources and 
Conservation (DNRC), many hydraulic components of the conveyance system 
have an elevated risk of failure with potential damages ranging from 
minor to catastrophic (DNRC 2010.\1\)
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    \1\ Montana Department of Natural Resources and Conservation 
(DNRC). 2010. St. Mary Diversion and Conveyance Facilities Failure 
and O&M Reference Guide. Helena, MT.
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    Agriculture is an essential part of the north-central Montana 
economy and agricultural production depends on the structural integrity 
of the St. Mary Canal and associated infrastructure. Water diverted 
from the St. Mary River and conveyed to the North Fork Milk River 
through the St. Mary Canal comprises a range of 70-95 percent of the 
total flow in the Milk River, as measured in Havre, MT, from May 
through September, depending upon whether it was a dry or average year 
for precipitation (DNRC 2006.\2\) Correspondingly, water conveyed 
through the St. Mary Canal comprises over half of the Milk River 
Project's water supply in an average year (Reclamation 2012.\3\)
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    \2\ DNRC. 2006. St. Mary Diversion Facilities Data Review, 
Preliminary Cost Estimate, and Proposed Rehabilitation Plan. Helena, 
MT.
    \3\ U.S. Bureau of Reclamation (Reclamation). 2012. St. Mary 
River and Milk River Basins Study Summary Report. Billings, MT.
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    A Preliminary Investigation Feasibility Report (PIFR), completed in

[[Page 40198]]

2021, investigated and studied possible solutions to address 
agricultural water management for the St. Mary Canal and associated 
infrastructure. As a result of the information obtained during the PIFR 
process, the level of National Environmental Policy Act (NEPA) analysis 
required an EIS. Estimated federal funds required for the construction 
of the proposed action may exceed $25 million. The proposed action will 
therefore require congressional approval per the 2018 Agriculture 
Appropriations Act amended funding threshold. In accordance with 7 CFR 
650.7(a)(2), an EIS is required for projects requiring congressional 
approval.

Preliminary Proposed Action and Alternatives

    The objective of the EIS is to formulate and evaluate alternatives 
for agricultural water management along the St. Mary Canal alignment. 
The alternatives were preliminarily identified through the PIFR process 
as likely to be evaluated in the EIS, given their anticipated viability 
of meeting the purpose and need of the proposed watershed project. The 
EIS is expected to evaluate three alternatives: two action alternatives 
or no action alternative. The alternatives that may be considered for 
detailed analysis include:
    Alternative 1--No Action: Taking no action would consist of 
activities carried out if no Federal action or funding were provided. 
No watershed project would be implemented, and the St. Mary Canal and 
associated infrastructure would not be modernized.
    Alternative 2--Proposed Action: This alternative would include the 
following system improvement measures including: canal lining and 
reshaping, siphon replacement, drop structure replacement, access road 
improvements, wasteway turnouts, underdrain replacements, and slide 
mitigation. Options for each measure would be evaluated.
    Alternative 3--Proposed Action: This alternative would include the 
following system improvement measures including: canal reshaping (no 
lining), siphon replacement, drop structure replacement, access road 
improvements, wasteway turnouts, underdrain replacements, and slide 
mitigation. Options for each measure would be evaluated.

Summary of Expected Impacts

    Initial cost estimates of the proposed actions have determined that 
the Federal contribution to construction will exceed $25 million, 
requiring congressional approval. Per 7 CFR 650.7, an EIS is required 
when projects require congressional action. The NRCS Montana State 
Conservationist, has determined that the preparation of an EIS is 
required for this watershed project. An EIS will be prepared as 
required by section 102(2)(C) of NEPA; the Council on Environmental 
Quality Regulations (40 CFR parts 1500-1508); and NRCS regulations that 
implement NEPA in 7 CFR parts 622 and 650. In addition, the EIS will be 
prepared in accordance with the Principles, Requirements, and 
Guidelines for Water and Land Related Resources Implementation Studies 
(PR&Gs, USDA NRCS 2017).\4\ NEPA compliance will cover the analysis of 
various resource concerns listed below, while compliance with the PR&Gs 
will include additional assessments such as analyzing effects to 
ecosystem services and a National Economic Efficiency Analysis.
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    \4\ USDA NRCS. (2017). Guidance for Conducting Analyses Under 
the Principles, Requirements, and Guidelines for Water and Land 
Related Resources Implementation Studies and Federal Water Resource 
Investments. https://www.usda.gov/directives/dm-9500-013.
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    Environmental resources in the Milk River Project area consist of 
the natural and human-made environment. Resource issues identified 
through the PIFR process included water delivery efficiency issues, 
soil aggregate instability, soil organism habitat loss or degradation, 
surface water quality, and surface water quantity. Any additional 
resource issues will be identified and addressed in the EIS and 
potential for impacts will be analyzed for Cultural Resources, 
Economics, Soils, Land Use, Environmental Justice, Endangered and 
Threatened Species, Wildlife, Hydrology, Wetlands, Vegetation, and 
Climate Change.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
     Endangered Species Act (ESA) Consultation. Consultation 
with the U.S. Fish and Wildlife Service will be conducted as required 
by the Endangered Species Act of 1973.
     Tribal Consultation. Consultation with the Blackfeet Tribe 
is required as the Canal lies completely within the Blackfeet Indian 
Reservation in Glacier County, MT. Required permits will be determined 
through consultation.
     Section 106 Consultation. Consultation with the Tribal 
Historic Preservation Office will be conducted as required by the 
National Historic Preservation Act (NHPA) of 1966.
     Clean Water Act (CWA) Section 404 Permit. Implementation 
of the proposed Federal action would require a CWA section 404 permit 
from the U.S. Army Corps of Engineers. Permitting with the U.S. Army 
Corps of Engineers regarding potential impacts will be finalized prior 
to final design and construction.
     Ordinance 117 Permit. Implementation of the proposed 
Federal action would require an Aquatic Lands Protection Ordinance 117 
permit from the Blackfeet Nation.

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 at 
least 45 days as required by 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 6 months of 
completion of the public comment period for the DEIS.
    NRCS will decide whether to implement one of the 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 the NRCS is the 
Montana NRCS State Conservationist.

Public Scoping Process

    Public scoping meetings will be held in Browning, Havre, and Malta 
to determine the scope of the analysis presented in the EIS. Meetings 
are scheduled to occur in the summer of 2023 and will be held at 
selected public venues in each location. Exact meeting locations and 
times will be determined closer to the dates of the events. Public 
notices will be placed in local newspapers and on the NRCS, MRJBOC, and 
the U.S. Bureau of Reclamation websites. Additionally, a letter 
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.
    Public scoping meetings provide an opportunity to review and 
evaluate the Milk River Project alternatives, express concern or 
support, and gain further information regarding the Milk River Project. 
Comments received, including the names and addresses of those who 
comment, will be part of the public record. Comments submitted 
anonymously will be accepted and considered.

[[Page 40199]]

Identification of Potential Alternatives, Information, and Analyses

    NRCS, MRJBOC, and the U.S. Bureau of Reclamation invite agencies, 
Tribes, and individuals that have special expertise, legal 
jurisdiction, or interest, to provide comments concerning the scope of 
the analysis and identification of potential alternatives, information, 
and analyses relevant to the Proposed Action in writing.
    NRCS, MRJBOC, and the U.S. Bureau of Reclamation will use the 
scoping process to help fulfill the public involvement process under 
section 106 of the NHPA (54 U.S.C. 306108), as provided 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 NRCS, MRJBOC, and the U.S. Bureau of Reclamation in 
identifying and evaluating impacts to resources in the context of both 
NEPA and section 106.
    Native American Tribal consultations will be conducted in 
accordance with Tribal policy, and Tribal concerns will be given due 
consideration. In addition, Federal, State, and local agencies, along 
with other stakeholders that may be interested or affected by NRCS, 
MRJBOC, or the U.S. Bureau of Reclamation decisions on this Milk River 
Project, are invited to participate in the scoping process. Eligible 
entities may request or be requested by the NRCS to participate as a 
cooperating or participating agency.

Authorities

    This document is published pursuant to the NEPA regulations 
regarding publication of a NOI to issue an EIS (40 CFR 1501.9(d)). This 
EIS will be prepared to evaluate potential environmental impacts as 
required by section 102(2)(C) of NEPA; the Council on Environmental 
Quality regulations (40 CFR parts 1500-1508); and NRCS regulations that 
implement NEPA in 7 CFR part 650. 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 title and number of the Federal Assistance Programs as found in 
the Assistance Listing,\5\ to which this document applies is 10.904, 
Watershed Protection and Flood Prevention.
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    \5\ 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 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 to direct Federal 
development. This Watershed Plan 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 text 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 mail to: 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.

Kyle Tackett,
Acting Montana State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2023-13130 Filed 6-20-23; 8:45 am]
BILLING CODE 3410-16-P