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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4718-4720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00958]

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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2024-0021]

Notice of Intent To Prepare an Environmental Impact Statement for 
the Owyhee Irrigation District Infrastructure Modernization Project, 
Malheur 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, in coordination with the U.S. Bureau of Reclamation, announces 
its intent to prepare an EIS for the Owyhee Irrigation District (OID) 
Infrastructure Modernization Project (Modernization Project). The 
project area is located along the Owyhee and Snake rivers in Eastern 
Oregon 50 miles west of Boise, Idaho in proximity to the town of Nyssa, 
Oregon. The proposed EIS will examine alternative solutions to improve 
the OID agricultural water management. OID is the sponsoring local 
organization for the project. 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 February 18, 2025. 
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 the method below:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and search for docket ID NRCS-2024-0021. Follow the 
online instructions for submitting comments.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.
    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 purpose of the OID Modernization Project is to improve 
agricultural water management by making the delivery of irrigation 
water for agricultural lands within OID more reliable and efficient. 
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 action is needed to alleviate inefficient and unreliable 
access to irrigation water which causes agricultural damages for 
farmers in OID. Agriculture is an essential part of the Malheur County 
economy which only receives 10.1 inches of precipitation a year, with 
only 1.5 inches falling during the months of June, July, and August. 
The insignificant amounts of precipitation limit the ability of 
agricultural production. OID was formed with the primary purpose of 
providing the delivery of Owyhee River and Snake River water within 
Malheur County. Access to this irrigation water has allowed development 
of the agricultural community within the area. The OID area has been 
reliant on irrigation water delivery for over 100 years. The OID 
supplies water to approximately 312,000 acres during a normal water 
year.
    OID operates and maintains more than 400 miles of canals, laterals, 
and siphons through the Bureau of Reclamation's Owyhee Project. OID 
delivers water to 1,012 patrons and 1,364 parcels from three primary 
diversions: the Owyhee River via the Owyhee Reservoir and two pumping 
stations located along the Snake River. The OID conveyance system 
irrigates approximately 67,000 total acres of onions, sugar beets, 
corn, alfalfa, and other crops.
    Due to rising temperatures and decreasing snowpack, supply 
shortages are expected to worsen in the coming decades. Between 2013 
and 2023, the State issued drought declarations six times in Malheur 
County. The ability to deliver water efficiently and effectively, 
especially during drought years, is essential. The majority of the OID 
infrastructure is approximately 90 years old, which has reduced the 
water delivery reliability for agricultural use and is at risk of 
failure. Catastrophic failure of the OID infrastructure would stop 
water deliveries while the conveyance system is fixed, which would have 
large impacts to crops and users that rely on water supplied by OID.

[[Page 4719]]

    The proposed project would modernize the OID system through a 
series of projects including canal piping; canal lining; siphon 
improvements; headgate and diversion improvements; and installation of 
supervisory control and data acquisition (SCADA) systems. During the 
irrigation season, the current OID system loses water due to seepage, 
evaporation, and operational inefficiencies. The water that is lost 
enters the OID system, but never reaches the farms.
    In accordance with the regulation in 7 CFR 650.7(a)(2), an EIS is 
required for projects requiring congressional action such as this 
proposed project, where estimated federal funds required for 
construction may exceed $25 million. 16 U.S.C. 1002.

Preliminary Proposed Action and Alternatives, Including No Action

    The EIS objective is to formulate and evaluate alternatives that 
would decrease agricultural damages due to the unreliable and 
inefficient access to irrigation water within OID. The EIS is expected 
to evaluate two alternatives: one no action alternative and one 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. No watershed project would be implemented, and the OID 
infrastructure would not be modernized. OID would continue operating 
and maintaining its system in its current state. The No Action 
Alternative would not meet the OID Modernization Project's purpose and 
need.
     Alternative 2--Proposed Action Alternative: The proposed 
action is to evaluate a suite of system improvement measures across OID 
including: piping 74.8 miles of canal; lining 8.5 miles of canal; 
installing 13 SCADA sites; upgrading 2 headgates; and upgrading 13 
siphons. The projects included in the Proposed Action would serve 
67,134.5 acres within OID.

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 through 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 OID Modernization Project 
action. OID and NRCS evaluated the current infrastructure conditions in 
addition to relevant resource concerns for each proposed solution. 
Environmental resources in the project area consist of the natural and 
human-made environment. Resource concerns 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 with the U.S. 
Fish and Wildlife Service and National Marine Fisheries Service will be 
conducted as required by the ESA of 1973.
     National Historic Preservation Act (NHPA) Section 106. 
Consultation with Tribal Nations and interested parties would be 
conducted as required by the NHPA.
     Clean Water Act (CWA) and National Pollutant Discharge 
Elimination System (NPDES). The project would require water quality 
certification under section 401 of CWA; permitting under section 402 of 
NPDES; and section 404 of CWA for potential wetland impacts.

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 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 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 (RFO) and decision maker 
for NRCS is the Oregon NRCS State Conservationist.

Public Scoping Process

    A public scoping meeting is scheduled to occur early 2025 and will 
be held at a public venue near the OID project area. 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, OID, 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. Scoping meeting 
presentation materials will be available on the project website: 
https://project.com/watershed-project/.
    Public scoping meetings provide an opportunity to review and 
evaluate the alternatives, express concern or support, and gain further 
information regarding the 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, OID, 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.
    NRCS, OID, and the U.S. Bureau of Reclamation will use the scoping 
process to help fulfill the public involvement process under section 
106 of NHPA (54 U.S.C. 306108), as provided in 36 CFR 800.2(d)(3). 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 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

[[Page 4720]]

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. This proposed 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.

Greggory Becker,
Oregon State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2025-00958 Filed 1-15-25; 8:45 am]
BILLING CODE 3410-16-P
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