[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50551-50554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13062]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2024-0011]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Lower Bear River Watershed Plan in Box Elder County, Utah

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) Utah State 
Office announces its intent to prepare an EIS for the Lower Bear River

[[Page 50552]]

Watershed Plan in Box Elder County, Utah. The proposed EIS will examine 
alternative solutions to address agricultural water management, prevent 
flooding, protect the watershed, and enhance recreational opportunities 
in Tremonton, Elwood, Bear River City, Garland, and portions of 
unincorporated Box Elder County. The Lower Bear River Watershed 
includes small cities and towns, existing irrigation and municipal 
water resource infrastructure, U.S. Forest Service-managed land in the 
upper watershed, and wetlands associated with the Great Salt Lake 
(GSL). 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 July 15, 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-2024-0011. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Derek Hamilton, Water Resources 
Coordinator, USDA, NRCS, Utah State Office, 125 S State Street, #4010, 
Salt Lake City, Utah 84138. In your comments, specify the docket ID 
NRCS-2024-0011.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Derek Hamilton: telephone: (801) 524-
4560; 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 EIS is to protect the Lower Bear River 
Watershed in Box Elder County, Utah by providing management options to 
secure the agricultural water supply, developing secondary water 
systems for growing communities with limited water resources, reducing 
potential for flood damage in previously flooded areas, and enhancing 
recreational opportunities for the community. 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).
    This watershed plan is cosponsored by the Bear River Water 
Conservancy District and the Bear River Canal Company. The proposed 
action is needed to address deficiencies in the agricultural water 
delivery system in the area by improving the reliability and efficiency 
of water delivery. Canal improvements, diversion and headgate 
automation, and secondary water systems are needed for sustainability 
and reliability within the watershed.
    Floodwater improvements, including piping and trenching to route 
flows and ponds and control gates to detain and release flows, are 
needed to reduce damage to farms, homes, roadways, businesses, and 
industry.
    Improvements such as levee construction, sediment removal, delivery 
system automation, and bank stabilization are needed to reduce 
flooding, erosion, sediment, and agriculture-related pollution and 
enhance wetlands and wildlife habitat.
    Additionally, trails are needed to enhance recreational 
opportunities to bike or walk within areas of the watershed.
    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, Including No Action

    The EIS objective is to formulate and evaluate alternatives for 
agricultural water management, flood control and prevention, watershed 
protection, and recreational opportunities in the 249,572 acre Lower 
Bear River Watershed area. The EIS is expected to evaluate three 
alternatives: two action alternatives, 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, the Hammond 
Main and West Canals would not be improved. Irrigators would likely 
have more periods without water to irrigate crops as repairs would be 
needed to address periodic canal failures. Water shortages would lead 
to associated crop and related economic losses. Communities within the 
watershed would need to restrict growth. Property owners would need to 
plan for periodic flooding of their properties and be prepared for the 
cleanup and repairs associated with that flooding. Managers of 
waterfowl habitat areas would need to remove sediment from key water 
holding areas periodically and would not be able to deliver water where 
it is needed in areas where levees are failing. The existing structures 
would continue to operate in their deteriorating condition and would 
not meet the purpose and need of agricultural water management 
improvement, flood prevention, watershed protection, or enhancement of 
recreational opportunities.
     Alternative 2--Proposed Action--Combine Canals 
Alternative. The proposed action would combine the Bear River Canal 
Company's Hammond Main Canal into the West Main Canal through the 
canyon area to reduce the breach risk and improve delivery 
efficiencies. The West Canal would be improved by installing box 
culverts through the canyon and would require siphoning water across 
the Bear River. This alternative would also install automation and 
telemetry to existing irrigation canal head gates, pipe the Highland 
Ditch and other canals to improve water delivery near the ends of 
canals, construct agricultural water equalization ponds, and construct 
secondary water systems within Tremonton, Elwood, Bear River City, and 
Garland. Additionally, to address flood concerns, this alternative 
would install flood control channels and ponds around Tremonton, 
construct a flood control pond in the Bothwell Pocket, and improve a 
spillway along the Malad River. To protect the watershed by reducing 
floodwaters, erosion, and sediment, and improving habitat near the GSL, 
the proposed action would improve levees, dikes, and banks along 
waterways near the GSL and the Bear River Migratory Bird Refuge and 
construct a sediment basin at Salt Creek. This alternative would also 
construct a recreational trail along the railway and an existing canal 
alignment through Tremonton to provide recreational opportunities.
     Alternative 3--Reasonable Alternative--Hammond Main and 
West Main Canal Improvement Alternative. The alternative would enclose 
the Bear River Canal Company's Hammond Main and West Main Canals 
through the canyon to reduce the breach risk and

[[Page 50553]]

improve delivery efficiencies and would not require siphoning water 
across the Bear River. Besides the Hammond Main and West Main Canal 
improvements and associated actions, the remainder of agricultural 
water improvements (i.e., automation and telemetry installation, 
Highland Ditch and other canal piping, secondary water systems 
construction, etc.) and all flood control, watershed protection, and 
recreation improvements would be the same as in Alternative 2.

Summary of Expected Impacts

    As mentioned above, the estimated Federal contribution to 
construction cost will exceed $25 million.
    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 Bear River Water 
Conservancy District, the Bear River Canal Company, and NRCS evaluated 
the current condition of the Lower Bear River watershed along with 
relevant resource concerns for each proposed solution. Environmental 
resources in the project area consist of the natural and man-made 
resources. Resource concerns to be identified and addressed in the 
Watershed Plan-EIS include wetland and channel alteration, potential 
disturbances to wildlife, and disturbances to riparian areas. Long-term 
beneficial effects would include more efficient irrigation delivery for 
the agricultural system, water quality improvement, and irrigation 
water supply improvement through secondary water development. 
Additionally, proposed activities would reduce strain on existing 
secondary residential water supply systems, reduce flooding danger, 
protect the watershed, and provide recreational opportunities within 
the watershed.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
     Federal Emergency Management Agency Floodplain Development 
permit. Implementation of the proposed action would require 
coordination with the local floodplain administrator and may require a 
Floodplain Development Permit to ensure all development and engineering 
requirements for construction within the Special Flood Hazard Areas are 
implemented.
     Clean Water Act (CWA) and National Pollutant Discharge 
Elimination System (NPDES). The proposed action may require water 
quality certification under Section 401 of the CWA, permitting under 
Section 402 of the NPDES, and Section 404 of the CWA for potential 
impacts to wetlands and Waters of the United States.
     National Historic Preservation Act (NHPA) Section 106. 
Consultation with Tribal Nations and interested parties would be 
conducted as required by the NHPA.
     Local Encroachment. Consultation and potential 
encroachment permits would be required with Tremonton, Elwood, Bear 
River City, Garland, and Box Elder County for all construction work 
within the local roadway rights-of-way.
     Encroachment Permit. The proposed action may require 
coordination and permitting with Utah Department of Transportation for 
temporary construction work within state and federal roadway rights-of-
way.

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 21 months after publication of 
this NOI. A Final EIS is anticipated to be published within 3 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 Utah State Conservationist.

Public Scoping Process

    A public scoping meeting was held on November 9, 2023. Comments 
received, including the names and addresses of those who commented, are 
part of the public record. The date, time, and location for a second 
meeting will be announced on the project website.
    Federal, State, Tribal, local agencies and representatives, and the 
public were invited to take part in the watershed plan scoping period. 
The Bear River Water Conservancy District, the Bear River Canal 
Company, and NRCS organized the public scoping meeting to provide an 
opportunity to review and evaluate the project alternatives, express 
concern, or support, and gain further information regarding the 
project. To determine the most viable alternatives to carry forward to 
the EIS, the Bear River Water Conservancy District, the Bear River 
Canal Company, and NRCS used input obtained during public scoping 
discussions to focus on relevant resource concerns and issues and 
eliminated those that were not relevant from further detailed study. 
The U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, 
and U.S. Bureau of Reclamation have joined as cooperating agencies, and 
will continue to be consulted throughout this process.
    NRCS will coordinate the scoping process to correspond with Section 
106 of the 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 
Lower Bear River Watershed Plan 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 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

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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. This 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 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.

Travis Mote,
Acting Utah State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2024-13062 Filed 6-13-24; 8:45 am]
BILLING CODE 3410-16-P