Notice2023-13130
Notice of Intent To Prepare an Environmental Impact Statement for the St. Mary Canal Modernization Project, Glacier County, MT
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Published
June 21, 2023
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) Montana State Office, in coordination with the U.S. Bureau of Reclamation, announces its intent to prepare a Watershed Plan and EIS for the St. Mary Canal Modernization Watershed Project (Milk River Project), located east of Babb, in Glacier County, Montana. The proposed Watershed Plan will examine alternatives through the EIS process for improving the St. Mary Canal system to provide for agricultural water management. 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.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40197-40199]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13130]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0010]
Notice of Intent To Prepare an Environmental Impact Statement for
the St. Mary Canal Modernization Project, Glacier County, MT
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) Montana
State Office, in coordination with the U.S. Bureau of Reclamation,
announces its intent to prepare a Watershed Plan and EIS for the St.
Mary Canal Modernization Watershed Project (Milk River Project),
located east of Babb, in Glacier County, Montana. The proposed
Watershed Plan will examine alternatives through the EIS process for
improving the St. Mary Canal system to provide for agricultural water
management. 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 August 7, 2023.
Comments received after close of 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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for docket ID NRCS-2023-0010. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: Alyssa Fellow, Environmental
Compliance Specialist, 10 East Babcock Street, Room 443, Bozeman, MT
59715. For written comments, specify the docket ID NRCS-2023-0010.
All comments received will be posted without change and made
publicly available on <a href="http://www.regulation.gov">www.regulation.gov</a>.
FOR FURTHER INFORMATION CONTACT: Alyssa Fellow; telephone: (406) 587-
6712; email: <a href="/cdn-cgi/l/email-protection#9cddf0e5efeffdb2daf9f0f0f3ebdce9eff8fdb2fbf3ea"><span class="__cf_email__" data-cfemail="40012c393333216e06252c2c2f3700353324216e272f36">[email protected]</span></a> for questions related to submitting
comments; or visit the project website: <a href="https://www.milkriverproject.com/projects/watershed/">https://www.milkriverproject.com/projects/watershed/</a>. 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 rehabilitating and modernizing the St.
Mary Canal along its existing alignment in Glacier County, Montana.
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 St. Mary Canal
system inadequacies, as well as the risk of infrastructure failure. The
current St. Mary Canal system inadequacies have reduced the water
delivery reliability to users who rely on the St. Mary Canal for
agricultural, municipal, residential, industrial, and recreational
uses. Failure could lead to environmental damage on the Blackfeet
Indian Reservation, the St. Mary River, and the North Fork Milk River.
The Milk River Joint Board of Control (MRJBOC) is the umbrella
organization that works with the U.S. Bureau of Reclamation to operate
and maintain the St. Mary Canal for the users that receive Milk River
Project water. Milk River Project water diverted from the St. Mary
River is conveyed through the St. Mary Canal to the North Fork Milk
River. The Milk River Project supplies water to approximately 120,000
acres, including eight irrigation districts, the Blackfeet Indian
Reservation, numerous private irrigators, several municipalities, and
the Bowdoin National Wildlife Refuge.
The proposed Milk River Project will address the deteriorating
state of the St. Mary Canal and associated infrastructure including the
29 mile St. Mary Canal, siphons, and concrete drops. Most of the
structures have exceeded their design life and require major repairs or
replacement. Aging of the St. Mary Canal system has resulted in reduced
flow rates from the original design of 850 cubic feet per second (cfs)
to around 600 cfs. The steel siphons are at risk of failure due to
slope stability problems and leaks, and the concrete in three of the
five drop structures are severely deteriorating. According to a report
published by the Montana Department of Natural Resources and
Conservation (DNRC), many hydraulic components of the conveyance system
have an elevated risk of failure with potential damages ranging from
minor to catastrophic (DNRC 2010.\1\)
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\1\ Montana Department of Natural Resources and Conservation
(DNRC). 2010. St. Mary Diversion and Conveyance Facilities Failure
and O&M Reference Guide. Helena, MT.
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Agriculture is an essential part of the north-central Montana
economy and agricultural production depends on the structural integrity
of the St. Mary Canal and associated infrastructure. Water diverted
from the St. Mary River and conveyed to the North Fork Milk River
through the St. Mary Canal comprises a range of 70-95 percent of the
total flow in the Milk River, as measured in Havre, MT, from May
through September, depending upon whether it was a dry or average year
for precipitation (DNRC 2006.\2\) Correspondingly, water conveyed
through the St. Mary Canal comprises over half of the Milk River
Project's water supply in an average year (Reclamation 2012.\3\)
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\2\ DNRC. 2006. St. Mary Diversion Facilities Data Review,
Preliminary Cost Estimate, and Proposed Rehabilitation Plan. Helena,
MT.
\3\ U.S. Bureau of Reclamation (Reclamation). 2012. St. Mary
River and Milk River Basins Study Summary Report. Billings, MT.
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A Preliminary Investigation Feasibility Report (PIFR), completed in
[[Page 40198]]
2021, investigated and studied possible solutions to address
agricultural water management for the St. Mary Canal and associated
infrastructure. As a result of the information obtained during the PIFR
process, the level of National Environmental Policy Act (NEPA) analysis
required an EIS. 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 along the St. Mary Canal alignment.
The alternatives were preliminarily identified through the PIFR process
as likely to be evaluated in the EIS, given their anticipated viability
of meeting the purpose and need of the proposed watershed project. The
EIS is expected to evaluate three alternatives: two action alternatives
or 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 St. Mary Canal and
associated infrastructure would not be modernized.
Alternative 2--Proposed Action: This alternative would include the
following system improvement measures including: canal lining and
reshaping, siphon replacement, drop structure replacement, access road
improvements, wasteway turnouts, underdrain replacements, and slide
mitigation. Options for each measure would be evaluated.
Alternative 3--Proposed Action: This alternative would include the
following system improvement measures including: canal reshaping (no
lining), siphon replacement, drop structure replacement, access road
improvements, wasteway turnouts, underdrain replacements, and slide
mitigation. Options for each measure would be evaluated.
Summary of Expected Impacts
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 Montana 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 NEPA; the Council on Environmental
Quality Regulations (40 CFR parts 1500-1508); and NRCS regulations that
implement NEPA in 7 CFR parts 622 and 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).\4\ NEPA compliance will cover the analysis of
various resource concerns 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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\4\ 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. <a href="https://www.usda.gov/directives/dm-9500-013">https://www.usda.gov/directives/dm-9500-013</a>.
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Environmental resources in the Milk River Project area consist of
the natural and human-made environment. Resource issues identified
through the PIFR process included water delivery efficiency issues,
soil aggregate instability, soil organism habitat loss or degradation,
surface water quality, and surface water quantity. Any additional
resource issues will be identified and addressed in the EIS and
potential for impacts will be analyzed for Cultural Resources,
Economics, Soils, Land Use, Environmental Justice, Endangered and
Threatened Species, Wildlife, Hydrology, Wetlands, Vegetation, and
Climate Change.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
<bullet> 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.
<bullet> Tribal Consultation. Consultation with the Blackfeet Tribe
is required as the Canal lies completely within the Blackfeet Indian
Reservation in Glacier County, MT. Required permits will be determined
through consultation.
<bullet> Section 106 Consultation. Consultation with the Tribal
Historic Preservation Office will be conducted as required by the
National Historic Preservation Act (NHPA) of 1966.
<bullet> 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.
<bullet> Ordinance 117 Permit. Implementation of the proposed
Federal action would require an Aquatic Lands Protection Ordinance 117
permit from the Blackfeet Nation.
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 6 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 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 the
Montana NRCS State Conservationist.
Public Scoping Process
Public scoping meetings will be held in Browning, Havre, and Malta
to determine the scope of the analysis presented in the EIS. Meetings
are scheduled to occur in the summer of 2023 and will be held at
selected public venues in each location. 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, MRJBOC, 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.
Public scoping meetings provide an opportunity to review and
evaluate the Milk River Project alternatives, express concern or
support, and gain further information regarding the Milk River 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.
[[Page 40199]]
Identification of Potential Alternatives, Information, and Analyses
NRCS, MRJBOC, 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 in writing.
NRCS, MRJBOC, and the U.S. Bureau of Reclamation 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 action and alternatives
will assist NRCS, MRJBOC, and the U.S. Bureau of Reclamation in
identifying and evaluating impacts to resources in the context of both
NEPA and section 106.
Native American Tribal consultations will be conducted in
accordance with Tribal policy, and Tribal concerns will be given due
consideration. In addition, Federal, State, and local agencies, along
with other stakeholders that may be interested or affected by NRCS,
MRJBOC, or the U.S. Bureau of Reclamation decisions on this Milk River
Project, are invited to participate in the scoping process. Eligible
entities may request or be requested by the NRCS to participate as a
cooperating or participating agency.
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 Program
The title and number of the Federal Assistance Programs as found in
the Assistance Listing,\5\ to which this document applies is 10.904,
Watershed Protection and Flood Prevention.
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\5\ See <a href="https://sam.gov/content/assistance-listings">https://sam.gov/content/assistance-listings</a>.
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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 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 to direct Federal
development. This Watershed Plan 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 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:
<a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> 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#226d636162575146430c454d54"><span class="__cf_email__" data-cfemail="420d030102373126236c252d34">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Kyle Tackett,
Acting Montana State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2023-13130 Filed 6-20-23; 8:45 am]
BILLING CODE 3410-16-P
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