[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31130-31132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08725]



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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2024-0005]


Notice of Intent To Prepare an Environmental Impact Statement for 
the GreenThumb Gardens Water Supply Project, New York, NY for Bronx, 
Kings, New York, Queens, and Richmond Counties

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) New York 
State Office announces its intent to prepare an environmental impact 
statement for the GreenThumb Gardens Water Supply Project watershed 
plan, under the jurisdiction of New York City (NYC) Parks and 
Recreation Department GreenThumb Network, located within the Five 
Borough Watershed in New York City, New York. The proposed watershed 
plan will examine alternative solutions to address insufficient 
agricultural water supply to support the food production needs of the 
identified community gardens. The GreenThumb Community Gardens includes 
254 food producing community gardens within the jurisdiction of the NYC 
Parks and Recreation Department. 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 May 24, 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 http://www.regulations.gov and search for docket ID NRCS-2024-0005. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Dennis DeWeese, Assistant State 
Conservationist USDA, NRCS, New York State Office, 441 S. Salina 
Street, Syracuse New York 13202. In your comments, specify the docket 
ID NRCS-2024-00005.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dennis DeWeese; telephone: (315) 477-
6527; 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 watershed plan is to supply dependable 
and accessible water to the GreenThumb Community Gardens that produce 
food.
    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 sponsoring local 
organization is the NYC Parks and Recreation Department GreenThumb 
Network, which supports the creation and maintenance of volunteer led 
community gardens within the NYC Parks and Recreation Department 
jurisdiction.
    The GreenThumb Gardens Water Supply Project is essential for the 
establishment of secure and reliable on-site agricultural water supply 
to address deficiencies in the existing water delivery systems. 
Improving on-site water infrastructure within community gardens would 
strengthen the local food system, improve efficiency, contribute to the 
conservation and enhancement of natural resources and lower barriers to 
water access. Additionally, on-site agricultural water supply for 
community gardens would improve public health and safety through the 
enrichment of food quality and quantity, increased community engagement 
opportunities, and the reduction of fire hydrant related safety and 
efficiency concerns. This action would implement water conservation 
activities on existing agricultural lands and would address solutions 
to insufficient water supply and quality for the community gardens. The 
primary beneficiaries of the GreenThumb Gardens Water Supply Project 
are urban food producing community gardens under the NYC Parks and 
Recreation Department GreenThumb jurisdiction that do not have 
accessible and safe permanent access to a dependable water supply.
    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

    The EIS objective is to formulate and evaluate alternatives for the 
agricultural water management in the NYC Parks and Recreation 
Department GreenThumb community gardens Project area. The EIS is 
expected to evaluate two alternatives: one action alternative 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 on-site water 
supply would continue at its current pace. No Federal action or funding 
would be associated with the No Action Alternative.
     Alternative 2--Proposed Action--Reduced Pressure Zone 
(RPZ) System: The proposed action would include the installation of on-
site water supply using a RPZ system at eligible food producing 
GreenThumb community gardens throughout NYC.

Summary of Expected Impacts

    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 NYC Parks and 
Recreation Department GreenThumb Network and NRCS are evaluating the 
GreenThumb Gardens Water Supply Project's existing conditions along 
with relevant resource concerns for each proposed solution. 
Environmental resources in the GreenThumb Gardens Water Supply Project 
area consist of both natural and man-made resources.
    Resource concerns include the following: insufficient agricultural 
water supply, plant productivity and health, and human economic 
considerations of labor and risk. A special environmental concern is 
environmental justice.
    An NRCS evaluation of this federally assisted action indicates the 
proposed alternatives may have local effects on the environment. 
Potential negative effects include short-term disruption in pedestrian 
and traffic movement at individual community gardens during

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GreenThumb Gardens Water Supply Project installation. Long-term 
beneficial effects associated with the establishment of on-site water 
supply at food producing community gardens include: increased produce 
quality and quantity of food; increased water efficiency; and improved 
safety and equity. Broader community-oriented benefits range from a 
reduction in the urban heat island effect to improved community 
connectedness and social capital.

Anticipated Permits and Authorizations

    The following permit is anticipated to be required:
     NYC Department of Environmental Protection. The GreenThumb 
Gardens Water Supply Project would require a site connection permit for 
all connections made to the city's water mains.

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 9 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 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 New York NRCS State Conservationist.

Public Scoping Process

    The date, time, and location for a public scoping meeting will be 
announced on the GreenThumb Gardens Water Supply Project website. 
Comments received, including the names and addresses of those who 
comment, will be part of the public record. Scoping meeting 
presentation materials will be available for review and comment for 30 
days after the meeting.
    Federal, State, Tribal, local agencies and representatives, and the 
public are invited to take part in the watershed plan scoping period. 
The NYC Parks and Recreation Department GreenThumb Network and NRCS 
will organize a public scoping meeting to provide an opportunity to 
review and evaluate the GreenThumb Gardens Water Supply Project 
alternatives, express concern or support, and gain further information 
regarding the GreenThumb Gardens Water Supply Project. To determine the 
most viable alternatives for the EIS, the NYC Parks and Recreation 
Department GreenThumb Network will use input obtained during public 
scoping discussions to focus on relevant resource concerns and issues 
and eliminate those that are 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 
GreenThumb Gardens Water Supply Project 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 GreenThumb Gardens Water 
Supply 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 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. The GreenThumb Gardens Water Supply 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

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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.

Blake Glover,
New York State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2024-08725 Filed 4-23-24; 8:45 am]
BILLING CODE 3410-16-P