Notice2025-00958
Notice of Intent To Prepare an Environmental Impact Statement for the Owyhee Irrigation District Infrastructure Modernization Project, Malheur County, OR
Primary source
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Published
January 16, 2025
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</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 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:
<bullet> 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.
<bullet> 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:
<bullet> 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.
<bullet> National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties would be
conducted as required by the NHPA.
<bullet> 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:
<a href="https://project.com/watershed-project/">https://project.com/watershed-project/</a>.
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 <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 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:
<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: (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: <a href="/cdn-cgi/l/email-protection#9ceceef3fbeefdf1b2f5f2e8fdf7f9dce9eff8fdb2fbf3ea"><span class="__cf_email__" data-cfemail="85f5f7eae2f7e4e8abecebf1e4eee0c5f0f6e1e4abe2eaf3">[email protected]</span></a>.
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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