[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46136-46138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15212]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0012]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Joint System Canal Project, Jackson County, OR

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) Oregon State 
Office announces its intent to prepare a Watershed Plan and EIS for the 
Joint System Canal Project, located approximately 4 miles east of Eagle 
Point, in Jackson County, Oregon. The proposed Watershed Plan will 
examine alternatives through the EIS process for modernizing the Joint 
System Canal to improve agricultural water management. Medford 
Irrigation District (MID) is the sponsoring local organization for the 
project and Rogue River Valley Irrigation District (RRVID) is a partner 
organization. NRCS is requesting comments to identify significant 
issues, potential alternatives, 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 September 5, 2023. 
Comments received after close of the 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-2023-0012. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Jack Friend, District Manager, 
Medford Irrigation District, 5045 Jacksonville Hwy., Central Point, OR 
97502. For written comments, specify the docket ID NRCS-2023-0012.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gary Diridoni, telephone: (503) 414-
3092; email: [email protected] for questions related to submitting 
comments; or visit the project website at: https://oregonwatershedplans.org/medford-id. 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 modernizing the Joint System Canal in 
Jackson County, Oregon. 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 system water losses, 
inefficient water delivery, and the risk of infrastructure failure. The 
Joint System Canal's age and deteriorating condition have reduced the 
water delivery reliability for agricultural, residential, industrial, 
and recreational uses. Catastrophic failure of the canal would flood 
adjacent properties and require water deliveries to be stopped while 
the canal was fixed, which could have large impacts to crops and users 
that rely on that water.
    MID and RRVID jointly own, operate, and maintain the Joint System 
Canal. The two irrigation districts collectively divert water from 
North Fork Little Butte Creek and South Fork Little Butte Creek into 
the North Fork Canal and the South Fork Canal, respectively. The North 
Fork and South Fork canals merge to form the 13-mile Joint System 
Canal, which conveys water to the Bradshaw Drop pipeline. At the 
Bradshaw Drop, the canal splits into MID's and RRVID's systems. Since 
the Joint System Canal is at the head of MID's and RRIVD's systems, the 
districts have identified eliminating this failure risk as critical to 
maintaining agricultural water supplies.
    The proposed project would modernize the Joint System Canal and 
associated siphons from the junction of the North Fork Canal and South 
Fork Canal to the Bradshaw Drop. The aging, earthen and concrete-lined 
canal loses approximately 6.7 cubic feet per second of water, or 4,850 
acre-feet annually, due to seepage and evaporation. These water losses 
are equivalent to approximately 13 percent of the water conveyed 
annually and contribute to water supply challenges for the districts 
and local farms. Modernizing the canal would significantly reduce water 
losses, dramatically reduce the risk of failure, and improve water 
delivery reliability.
    MID and RRVID deliver water to irrigate approximately 2,225 farms 
and orchards on 21,758 irrigated acres in Jackson County, Oregon. 
Agricultural producers on these farms and orchards grow high value 
pears, wine grapes, and other fruit, as well as hay and other crops. 
Agriculture is an essential part of the Rogue Valley economy and 
agricultural production depends on reliable water deliveries from MID 
and RRVID. The districts also deliver water for outdoor residential 
use, industrial users, golf courses and cemeteries.
    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 on the Joint System Canal. The EIS is 
expected to evaluate three alternatives: two action alternatives and a 
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 Joint System Canal 
and associated infrastructure would not be modernized.
--Alternative 2-- Proposed Action: This alternative would include the 
following system improvement measures including: piping the canal in 
primarily the existing alignment, with potentially small sections in 
new alignments, siphon replacement, access road improvements, and 
upgraded turnouts. Options for each measure would be evaluated.
--Alternative 3--This alternative would include the following system 
improvement measures including: canal reshaping and lining in the 
existing alignment, canal stabilization, siphon replacement, access 
road improvements, and upgraded turnouts. Options for each measure 
would be evaluated.

[[Page 46137]]

Summary of Expected Impacts

    As mentioned above, 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 
Oregon 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 the National Environmental Policy Act 
(NEPA); the Council on Environmental Quality Regulations (40 CFR parts 
1500-1508); and NRCS regulations that implement NEPA in 7 CFR part 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).\1\ NEPA 
compliance will cover the analysis of various resource issues 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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    \1\ 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 Joint System Canal Project area 
consist of the natural and human-made environment. Resource issues to 
be identified and addressed in the EIS include Cultural Resources, 
Economics, Soils, Land Use, Environmental Justice, Endangered and 
Threatened Species, Wildlife, Hydrology, Wetlands, Vegetation, and 
Climate Change. Other resources may be identified through the scoping 
process.

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 relevant Tribes 
will be conducted.
     Section 106 Consultation. Consultation with the Oregon 
State Historic Preservation Office and 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.

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 16 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 Final EIS. A NRCS Record of Decision (ROD) will be 
completed after the required 30-day waiting period review process (36 
CFR part 218 or 36 CFR part 219) has concluded. The responsible federal 
official and decision maker for NRCS is the Oregon State 
Conservationist.

Public Scoping Process

    Public scoping meetings will be held in the Medford, Oregon area to 
determine the scope of the analysis to be presented in the DEIS. 
Meetings are scheduled to occur in the summer or fall of 2023 and will 
be held at public venues. 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, MID, and RRVID 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 Joint System Canal Project alternatives, express concern 
or support, and gain further information regarding the Joint System 
Canal 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.

Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies, Tribes, consulting parties, and individuals 
who 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 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 
project will assist NRCS in identifying and evaluating impacts to 
resources in the context of both NEPA and section 106.
    NRCS will consult with Native American tribes on a government-to-
government basis in accordance with 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 full consideration.

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 Programs

    The title and number of the Federal assistance programs, as found 
in the Assistance Listing,\2\ to which this document applies, is 
10.904, Watershed Protection and Flood Prevention.
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    \2\ 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 Watershed Plan is

[[Page 46138]]

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.

Ronald Alvarado,
Oregon State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-15212 Filed 7-18-23; 8:45 am]
BILLING CODE 3410-16-P