[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36451-36453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13031]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0004]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Central Oregon Irrigation District Pilot Butte Canal Infrastructure 
Modernization Project, Deschutes County, Oregon

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of intent 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 an EIS for the Central Oregon 
Irrigation District (COID) Pilot Butte Canal (PBC) Project in the 
proximity of Redmond and Bend, Oregon. The EIS process will examine 
three alignment alternatives for replacing the existing PBC with a 
piped and pressurized system. The purpose of the new system is to 
promote irrigation water conservation in COID-owned infrastructure, 
improve water delivery reliability to COID patrons, and reduce long-
term operation and maintenance costs. NRCS is requesting comments to 
identify significant issues and potential alternatives, information, 
and analyses relevant to the proposed action from all interested 
individuals, Tribes, and Federal, State and local agencies and 
jurisdictions.

DATES: We will consider comments that we receive by July 18, 2022. 
Comments received later 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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and search for docket ID NRCS-2022-0004. Follow the 
online instructions for submitting comments; or
    <bullet> Mail or Hand Delivery: Craig Horrell, District Manager, 
Central Oregon Irrigation District, 1055 SW Lake CT, Redmond, OR 97756.
    All comments received will be posted and made publicly available on 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gary Diridoni, telephone: (503) 414-
3092; email: <a href="/cdn-cgi/l/email-protection#355254474c1b515c475c515a5b5c75404651541b525a43"><span class="__cf_email__" data-cfemail="385f594a41165c514a515c575651784d4b5c59165f574e">[email protected]</span></a>. In addition, for questions related 
to submitting comments: StingRay Communications--ShanRae Hawkins, 
telephone: (541) 390-6411; email: <a href="/cdn-cgi/l/email-protection#2f5c474e415d4e4a6f474a4343405c5b4641485d4e56014c4042"><span class="__cf_email__" data-cfemail="d6a5beb7b8a4b7b396beb3babab9a5a2bfb8b1a4b7aff8b5b9bb">[email protected]</span></a>; or the PBC 
Project website at: www.coidpiping.com. Persons with disabilities who 
require alternative means for communication should contact the U.S. 
Department of Agriculture (USDA) Target Center at (202) 720-2600 
(voice).

SUPPLEMENTARY INFORMATION: 

Purpose and Need

    The PBC Project would be implemented as agricultural water 
management, as authorized under Sections 3 and 4 of Public Law 83-566. 
The primary purpose of agricultural water management on PBC is 
conservation of irrigation water in COID-owned infrastructure, 
improvement of water delivery reliability to COID patrons, and 
reduction in long-term operation and maintenance costs on approximately 
21 miles of the COID-owned canal. The PBC Project is needed to address 
water loss in COID conveyance systems and water delivery, operation, 
and maintenance inefficiencies. Specifically, the PBC Project will 
address water loss due to seepage and evaporation. It will also support 
local agricultural land use and increase public safety for PBC. The 
need for watershed planning is established and implementation of 
management actions are authorized under Public Law 83-566, the 
Watershed Protection and Flood Prevention Act of 1954, as amended, and 
Public Law 78-534, the Flood Control Act of 1944. Further context for 
the need for watershed planning in COID is provided below.
    COID was largely developed over 100 years ago to provide irrigation 
water to patented lands in the Central Oregon Region. COID operates and 
maintains a combined total of over 700 miles of open and unlined main 
and lateral canals that serve approximately 50,000 acres of irrigated 
lands that stretch north from Bend, Oregon to the Crooked River, and 
east to Powell Butte. COID's PBC also conveys water to the Lone Pine 
Irrigation District located on the north side of the Crooked River east 
of Terrebonne, Oregon and to the North Unit Irrigation District's 
(NUID) main canal near Smith Rock.
    The volcanic nature of the Central Oregon geology presents 
fractured basalt, cinder and varied substrates that result in a 
propensity for seepage losses in many areas of COID's canal system. 
Optimization of water use in the Central Oregon basin is critical to 
maintaining the balance of water use as societal and environmental 
needs continue to change over time. Within the Basin over the next 30 
years the irrigation districts will be increasing streamflow in the 
Deschutes River system to protect threatened species, which leaves less 
water available to support agricultural production. The saved water 
that would be made available by modernizing COID's conveyance system 
would be critical to supporting agricultural production. Additionally, 
modernization will result in other benefits such as energy 
conservation, increased hydropower opportunities, reduced operations, 
and maintenance costs, increased operational efficiencies and increased 
public safety.
    Consistent with its System Improvement Plans (2016, 2017) and 
Capital Plan (2018), COID developed the Smith Rock-King Way 
Infrastructure Modernization Project Final Watershed Plan-Environmental 
Assessment (Watershed Plan-EA) for which NRCS issued a Finding of No 
Significant Impact in 2020 (https://oregonwatershedplans.org/central-oregon-id). The Watershed Plan-EA included piping the north end of PBC; 
fully piping the G-4 Lateral; partially piping the J-Lateral; and 
constructing the L-Lateral crossing of the NUID Canal. With completion 
of the work identified in the 2020 Final Watershed Plan-EA, water would 
also be conveyed from COID's system to NUID. The proposed alternatives 
analyzed under this EIS would extend improvements to PBC that are 
currently being completed under the 2020 Smith Rock-King Way Watershed 
Plan-EA.

Preliminary Proposed Action and Alternatives Including No Action

    The proposed action considered under this EIS would complement 
projects already being completed under an approved 2020 Final 
Watershed-Plan EA and FONSI. These projects are located along PBC 
beginning around NE 17th Street in Redmond, Oregon and continuing to 
PBC's diversion point in Bend, Oregon.

[[Page 36452]]

    Three Proposed Action Alignment Alternatives will be evaluated to 
replace the existing PBC within the PBC Project area with a piped and 
pressurized system. The Proposed Action Alignment Alternatives would be 
within the same alignment except for the areas discussed below. 
Additionally, a No Action alternative will be considered.
    Alternative 1--Proposed Action Alignment 1. This alternative 
includes placing new pipe wholly within the existing open channel of 
PBC, including the section adjacent to Juniper Ridge, which is listed 
on the National Register of Historic Places (NRHP).
    Alternative 2--Proposed Action Alignment 2. This alternative would 
differ from Alternative 1 in that it would avoid the NRHP-listed 
portion of PBC by piping a section between Yeoman Road and Cooley Road 
largely within NE 18th Street.
    Alternative 3--Proposed Action Alignment 3. This alternative would 
differ from Alternatives 1 and 2 in that it would avoid the NRHP-listed 
portion of PBC by piping a section between Yeoman Road and Cooley Road 
largely within Old Deschutes Market Road.
    Alternatives 2 and 3 would leave the NRHP-listed segment of canal 
in place and permanently dewatered.
    Alternative 4--No Action Alternative. Under the No Action 
Alternative, COID would continue to operate and maintain its existing 
canals and pipelines in their current condition. This alternative 
assumes that modernization of COID's infrastructure would not be 
reasonably certain to occur, as funding at the scale necessary to 
modernize COID's remaining infrastructure is not anticipated from other 
sources. The No Action Alternative would be a continuation of COID's 
standard operations and maintenance. The No Action Alternative would 
not meet the PBC Project's purpose and need.

Summary of Expected Impacts

    Preliminary evaluation of the proposed action indicates that 
impacts may primarily be local within COID. These may include short-
term impacts such as impacts to vegetation, soils, noise, and traffic. 
In the long-term the proposed action is expected to have impacts to 
visual resources (views of the open canal from adjacent properties) and 
is expected to have beneficial impacts by reducing water loss and 
increasing water delivery reliability.

Anticipated Permits and Authorizations

    The following permits and other authorizations are anticipated to 
be required:
    <bullet> Clean Water Act (CWA) Section 404 Permit. CWA 
implementation of the proposed federal action may require a CWA section 
404 permit from the U.S. Army Corps of Engineers.
    <bullet> CWA Section 401 Permit. The PBC Project may also require 
water quality certification under section 401 of CWA.
    <bullet> CWA Section 402. Permitting under section 402 of CWA 
(National Pollutant Discharge Elimination System Permit) may be 
required.
    <bullet> County and City Permits. Implementation of the proposed 
federal action would require local building and land use permits from 
Deschutes County and the Cities of Redmond and Bend.

Schedule of Decision-Making Process

    A Draft EIS (DEIS) will be prepared and circulated for review and 
comment by agencies and the public for at least 45 days per 40 CFR 
1503.1, 1502.20, 1506.11, and 1502.17, and 7 CFR 650.13. DEIS is 
anticipated to be published in the Federal Register in 2023, 
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 then 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 Ron 
Alvarado, Oregon State Conservationist.

Public Scoping Process

    Public scoping meetings have been and will be held to present the 
PBC Project and further develop the scope of DEIS. A preliminary public 
scoping meeting was held online at 6 p.m. on Wednesday, October 20, 
2021. It is anticipated that one additional scoping meeting will be 
held after this NOI is published. Comments received for both scoping 
meetings, including the names and addresses of those who comment, will 
be part of the public record. A recording of the first scoping meeting 
and the presentation materials are available on the PBC Project 
website: www.coidpiping.com. The date, time, and location for the 
second meeting also will be announced on the PBC Project website.

Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies and individuals who have special expertise, 
legal jurisdiction, or interest in the COID PBC Project to provide 
comments concerning the scope of the analysis and identification of 
potential alternatives, information, and analyses relevant to the 
Proposed Action.

Authorities

    Estimated federal funds required for the construction of the 
proposed action would exceed $25 million and the proposed action will 
therefore require congressional approval per the 2018 Agriculture 
Appropriations Act amended funding threshold. In accordance with 7 CFR 
part 650.7(a)(2), an EIS is required for projects requiring 
congressional approval. This document is published pursuant to the NEPA 
regulations regarding publication of a notice of intent to issue an 
environmental impact statement (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 program as found in 
the Assistance Listing \1\ (formerly referred to as the Catalog of 
Federal Domestic Assistance) 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 affect 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 program 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

[[Page 36453]]

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.
    Persons with disabilities 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 
TTY) or (844) 433-2774 (toll-free nationwide). 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: <a href="/cdn-cgi/l/email-protection#501f111310252334317e373f26"><span class="__cf_email__" data-cfemail="6f202e2c2f1a1c0b0e41080019">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Ronald Alvarado.
Oregon State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2022-13031 Filed 6-16-22; 8:45 am]
BILLING CODE 3410-16-P


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