Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Negotiations, 30159-30162 [E6-8005]
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cchase on PROD1PC60 with NOTICES
Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Notices
to the title, physical condition, or
potential uses of the parcel of land
proposed for sale, and the conveyance
of this parcel will not be subject to any
contingencies not contained in the
Terms and Conditions section of this
Notice. However, to the extent required
by law, this parcel is subject to the
requirements of section 120(h) of the
Comprehensive Environmental
Response Compensation and Liability
Act, as amended (CERCLA) (42 U.S.C.
9620(h)).
7. All purchasers/patentees, by
accepting a patent, covenant and agree
to indemnify, defend, and hold the
United States harmless from any costs,
damages, claims, causes of action,
penalties, fines, liabilities, and
judgments of any kind or nature arising
from the past, present, and future acts
or omissions of the patentees or their
employees, agents, contractors, or
lessees, or any third party, in
connection with the patentees’ use,
occupancy, or operations on the
patented real property. This
indemnification and hold harmless
agreement includes, but is not limited
to, acts and omissions of the patentees
and their employees, agents,
contractors, or lessees, or any third
party, arising out of or in connection
with the use and/or occupancy of the
patented real property which has
already resulted or does hereafter result
in: (1) Violations of Federal, state, and
local laws and regulations that are now,
or may in the future become, applicable
to the real property and/or applicable to
the use, occupancy, and or operations
therein; (2) Judgments, claims or
demands of any kind assessed against
the United States; (3) Costs, expenses, or
damages of any kind incurred by the
United States; (4) Releases or threatened
releases of solid or hazardous waste(s)
and/or hazardous substances(s),
pollutant(s) or contaminant(s), and/or
petroleum product or derivative of a
petroleum product, as defined by
Federal or state environmental laws, off,
on, into or under land, property and
other interests of the United States; (5)
Activities by which solid waste or
hazardous substances or waste and/or
hazardous substance(s), pollutant(s) or
contaminant(s), and/or petroleum
products or derivative of a petroleum
product, as defined by Federal and state
environmental laws are generated,
released, stored, used or otherwise
disposed of on the patented real
property, and any cleanup response,
remedial action or other actions related
in any manner to said solid or
hazardous substances or wastes; or (6)
Natural resource damages as defined by
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Federal and state law. Patentee shall
stipulate that it will be solely
responsible for compliance with all
applicable Federal, state and local
environmental and regulatory
provisions, throughout the life of the
facility, including any closure and/or
post-closure requirements that may be
imposed with respect to any physical
plant and/or facility upon the real
property under any Federal, state or
local environmental laws or regulatory
provisions. This covenant shall be
construed as running with the parcels of
land patented or otherwise conveyed by
the United States, and may be enforced
by the United States in a court of
competent jurisdiction.
8. Maps delineating the individual
proposed sale parcel are available for
public review at the BLM LVFO along
with the appraisal.
9. The BLM may accept or reject any
or all offers, or withdraw the parcel of
land or interest therein from sale, if, in
the opinion of the authorized officer,
consummation of the sale would not be
fully consistent with FLPMA or other
applicable laws or would not be in the
public interest. If not sold, the parcel
may be identified for sale at a later date
without further legal notice.
10. Federal law requires bidders to be
U.S. citizens 18 years of age or older; a
corporation subject to the laws of any
State or of the United States; a State,
State instrumentality, or political
subdivision authorized to hold property,
or an entity including, but not limited
to, associations or partnerships capable
of holding property or interests therein
under the laws of the State of Nevada.
Certification of qualification, whether of
citizenship or corporate or partnership
status, must accompany the bid deposit.
Additional Information
In order to determine the value,
through appraisal, of the parcel of land
proposed to be sold, certain
extraordinary assumptions may have
been made of the attributes and
limitations of the land and potential
effects of local regulations and policies
on potential future land uses. Through
publication of this NORA, the BLM
gives notice that these assumptions may
not be endorsed or approved by units of
local government. It is the buyer’s
responsibility to be aware of all
applicable local government policies,
laws, and regulations that would affect
the subject lands, including any
required dedication of lands for public
uses. It is also the buyer’s responsibility
to be aware of existing or projected use
of nearby properties. When conveyed
out of federal ownership, the lands will
be subject to any applicable reviews and
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30159
approvals by the respective unit of local
government for proposed future uses,
and any such reviews and approvals
will be the responsibility of the buyer.
Any land lacking access from a public
road or highway will be conveyed as
such, and future access acquisition will
be the responsibility of the buyer.
Public Comments
The BLM field Manager, Las Vegas
Field Office, 4701 North Torrey Pines
Drive, Las Vegas, Nevada 89103 will
receive the comments of the general
public and interested parties up to 45
days after publication of this Notice in
the Federal Register. Any adverse
comments will be reviewed by the State
Director, who may sustain, vacate, or
modify this realty action in whole or in
part. Any comments received during
this process, as well as the commentor’s
name and address, will be available to
the public in the administrative record
and/or pursuant to a Freedom of
Information Act request. You may
indicate for the record that you do not
wish to have your name and/or address
made available to the public. Any
determination by the BLM to release or
withhold the names and/or addresses of
those who comment will be made on a
case-by-case basis. A request from a
commentor to have their name and/or
address withheld from public release
will be honored to the extent
permissible by law.
Dated: May 2, 2006.
Sharon DiPinto,
Assistant Field Manager.
[FR Doc. E6–8046 Filed 5–24–06; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Quarterly Status Report of Water
Service, Repayment, and Other WaterRelated Contract Negotiations
Bureau of Reclamation,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given of
contractual actions that have been
proposed to the Bureau of Reclamation
(Reclamation) and are new, modified,
discontinued, or completed since the
last publication of this notice on
February 23, 2006. This notice is one of
a variety of means used to inform the
public about proposed contractual
actions for capital recovery and
management of project resources and
facilities consistent with section 9(f) of
the Reclamation Project Act of 1939.
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Notices
Additional announcements of
individual contract actions may be
published in the Federal Register and in
newspapers of general circulation in the
areas determined by Reclamation to be
affected by the proposed action.
The identity of the
approving officer and other information
pertaining to a specific contract
proposal may be obtained by calling or
writing the appropriate regional office at
the address and telephone number given
for each region in the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Sandra L. Simons, Manager, Contract
Services Office, Bureau of Reclamation,
PO Box 25007, Denver, Colorado 80225–
0007; telephone 303–445–2902.
ADDRESSES:
Consistent
with section 9(f) of the Reclamation
Project Act of 1939 and the rules and
regulations published in 52 FR 11954,
April 13, 1987 (43 CFR 426.22),
Reclamation will publish notice of
proposed or amendatory contract
actions for any contract for the delivery
of project water for authorized uses in
newspapers of general circulation in the
affected area at least 60 days prior to
contract execution. Announcements
may be in the form of news releases,
legal notices, official letters,
memorandums, or other forms of
written material. Meetings, workshops,
and/or hearings may also be used, as
appropriate, to provide local publicity.
The public participation procedures do
not apply to proposed contracts for the
sale of surplus or interim irrigation
water for a term of 1 year or less. Either
of the contracting parties may invite the
public to observe contract proceedings.
All public participation procedures will
be coordinated with those involved in
complying with the National
Environmental Policy Act. Pursuant to
the ‘‘Final Revised Public Participation
Procedures’’ for water resource-related
contract negotiations, published in 47
FR 7763, February 22, 1982, a tabulation
is provided of all proposed contractual
actions in each of the five Reclamation
regions. When contract negotiations are
completed, and prior to execution, each
proposed contract form must be
approved by the Secretary of the
Interior, or pursuant to delegated or
redelegated authority, the Commissioner
of Reclamation or one of the regional
directors. In some instances,
congressional review and approval of a
report, water rate, or other terms and
conditions of the contract may be
involved.
Public participation in and receipt of
comments on contract proposals will be
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SUPPLEMENTARY INFORMATION:
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facilitated by adherence to the following
procedures:
1. Only persons authorized to act on
behalf of the contracting entities may
negotiate the terms and conditions of a
specific contract proposal.
2. Advance notice of meetings or
hearings will be furnished to those
parties that have made a timely written
request for such notice to the
appropriate regional or project office of
Reclamation.
3. Written correspondence regarding
proposed contracts may be made
available to the general public pursuant
to the terms and procedures of the
Freedom of Information Act, as
amended.
4. Written comments on a proposed
contract or contract action must be
submitted to the appropriate regional
officials at the locations and within the
time limits set forth in the advance
public notices.
5. All written comments received and
testimony presented at any public
hearings will be reviewed and
summarized by the appropriate regional
office for use by the contract approving
authority.
6. Copies of specific proposed
contracts may be obtained from the
appropriate regional director or his
designated public contact as they
become available for review and
comment.
7. In the event modifications are made
in the form of a proposed contract, the
appropriate regional director shall
determine whether republication of the
notice and/or extension of the comment
period is necessary.
Factors considered in making such a
determination shall include, but are not
limited to (i) the significance of the
modification, and (ii) the degree of
public interest which has been
expressed over the course of the
negotiations. At a minimum, the
regional director shall furnish revised
contracts to all parties who requested
the contract in response to the initial
public notice.
The February 23, 2006, notice should
be used as a reference point to identify
changes. The numbering system in this
notice corresponds with the numbering
system in the February 23, 2006, notice.
Definitions of Abbreviations Used in
This Document
BCP—Boulder Canyon Project
Reclamation—Bureau of Reclamation
CAP—Central Arizona Project
CVP—Central Valley Project
CRSP—Colorado River Storage Project
FR—Federal Register
IDD—Irrigation and Drainage District
ID—Irrigation District
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M&I—Municipal and Industrial
NMISC—New Mexico Interstate Stream
Commission
O&M—Operation and Maintenance
P–SMBP—Pick-Sloan Missouri Basin
Program
PPR—Present Perfected Right
RRA—Reclamation Reform Act of 1982
SOD—Safety of Dams
SRPA—Small Reclamation Projects Act
of 1956
WD—Water District
Pacific Northwest Region
Bureau of Reclamation, 1150 North
Curtis Road, Suite 100, Boise, Idaho
83706–1234, telephone 208–378–5344.
New Contract Actions
18. Three irrigation water user
entities, Boise Project, Idaho:
Amendatory repayment contract with
New Union Ditch Company to reduce
contract by 500 acre-feet of Lucky Peak
storage space and new contracts with
Wilderness Ranch Owners’ Association
for 200 acre-feet and Osprey
Subdivision Project Owners’
Association for 300 acre-feet of Lucky
Peak storage space.
19. Stanfield ID, Umatilla Project,
Oregon: Contract for long-term
boundary expansion to include lands
outside of federally recognized district
boundaries.
Modified Contract Actions
15. Twenty-one irrigation districts of
the Arrowrock Division, Boise Project,
Idaho: Repayment agreements with
districts with spaceholder contracts for
repayment, per legislation, of
reimbursable share of costs to
rehabilitate Arrowrock Dam Outlet
Gates under the O&M program.
16. Five irrigation water user entities,
Boise Project, Idaho: Long-term renewal
and/or conversion of five irrigation
water service contracts for supplemental
irrigation use of up to 7,518 acre-feet of
storage space in Lucky Peak Reservoir,
a Corps of Engineers’ project on the
Boise River, Idaho.
Mid-Pacific Region
Bureau of Reclamation, 2800 Cottage
Way, Sacramento, California 95825–
1898, telephone 916–978–5250.
New Contract Actions
40. City of Tracy, Sacramento
Municipal Utility District, Santa Clara
Valley WD, and San Benito County
Water Agency; all CVP; California:
Amend existing water service contracts
to conform to current Reclamation law.
41. San Luis WD and Marvin Meyers/
Meyers Farm, San Luis/Delta Division,
CVP, California: Negotiation of a longterm exchange contract.
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Notices
Lower Colorado Region
Bureau of Reclamation, PO Box 61470
(Nevada Highway and Park Street),
Boulder City, Nevada 89006–1470,
telephone 702–293–8081.
New Contract Actions
36. Chacha AZ, LLC, BCP, Arizona:
Contract for 2,100 acre-feet per year of
fourth-priority Arizona water for
agricultural purposes.
37. Cibola Valley IDD, BCP, Arizona:
Assign 60 acre-feet per year of the
district’s entitlement to Arizona fourthpriority water to Cibola Resources, LLC,
for agricultural purposes.
38. All-American Canal, BCP,
California: Agreement among
Reclamation, the Department of the
Interior, the Imperial ID, and the San
Diego County Water Authority for
construction of the All-American Canal
Lining Project pursuant to Title II of
Pub. L. 100–675.
39. City of Yuma, BCP, Arizona:
Supplemental and amendatory contract
to provide for additional point of
delivery for a new pump station to be
constructed on the Gila Gravity Main
Canal, with initial intake capacity of 20
million gallons per day, building up to
40 million gallons per day at full design.
40. The Metropolitan WD of Southern
California, BCP, California: Contract to
implement a demonstration program to
create intentionally created surplus
through extraordinary conservation in
2006 and 2007 and store this water in
Lake Mead.
Upper Colorado Region
Bureau of Reclamation, 125 South
State Street, Room 6107, Salt Lake City,
Utah 84138–1102, telephone 801–524–
3864.
New Contract Actions
1.(f) GW Spore Family Minor
Subdivision, Aspinall Storage Unit,
CRSP: GW Spore has requested a 40year water service contract for 1 acrefoot of water out of Blue Mesa Reservoir.
They have submitted their augmentation
plan to Water District 4, case No. 05 CW
220.
1.(g) Arlo Cox, Aspinall Storage Unit,
CRSP: Mr. Cox has requested a 40-year
water service contract for 1 acre-foot of
water out of Blue Mesa Reservoir. He
has submitted his augmentation plan to
Water District 4, case number pending.
31. Jensen Unit, Central Utah Project,
Utah: The Uintah Water Conservancy
District has requested a contract with
provision to prepay at a discounted rate,
for the remaining 3,300 acre-feet of
unmarketed project M&I water.
32. Emery County Project, Utah: The
Huntington Cleveland Irrigation
Company has requested a contract for
carriage of up to 6,754 acre-feet of
nonproject water; utilizing Huntington
North Reservoir as a regulating feature
associated with their Salinity Control
Project.
Discontinued Contract Action
Modified Contract Actions
22. Public Service Company of New
Mexico, Reclamation, and the U.S. Fish
and Wildlife Service; San Juan River
Basin Recovery Implementation
Program: The agreement identifies that
Reclamation may provide cost-share
funding for the recovery monitoring and
research, and O&M of the constructed
fish passage at the Public Service
Company’s site pursuant to Public Law
106–392, dated October 30, 2000, 114
Stat. 1062.
30. Navajo Nation, San Juan River
Dineh Water Users, Reclamation, and
the U.S. Fish and Wildlife Service; San
Juan River Basin Recovery
Implementation Program: The
agreement identifies that Reclamation
may provide cost-share funding for the
recovery monitoring and research, and
O&M of the constructed fish passage at
the Hogback Diversion Dam pursuant to
Public Law 106–392, dated October 30,
2000, 114 Stat. 1602.
12. Canyon Forest Village II
Corporation, BCP, Arizona: Colorado
River water delivery contract for up to
400 acre-feet per year of unused Arizona
Completed Contract Actions
1.(c) Joseph Foran, Aspinall Storage
Unit, CRSP: Mr. Foran has requested a
40-year water service contract for 25
Completed Contract Actions
4. Beattie Farms SW, BCP, Arizona:
Contract for 1,110 acre-feet per year of
fourth priority water for agricultural
purposes. Contract executed February
17, 2006.
20. City of Somerton, BCP, Arizona:
Contract for the annual delivery of up to
750 acre-feet of Colorado River water
per year for domestic use as
recommended by the Arizona
Department of Water Resources.
Contract executed February 8, 2006.
38. All-American Canal, BCP,
California: Agreement among
Reclamation, the Department of the
Interior, the Imperial ID, and the San
Diego County Water Authority for
construction of the All-American Canal
Lining Project pursuant to Title II of
Pub. L. 100–675. Contract executed
January 13, 2006.
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apportionment or surplus
apportionment for domestic use.
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acre-feet of water out of Blue Mesa
Reservoir. Mr. Foran has submitted an
augmentation plan to Water District 4,
case number pending. Contract was
executed February 17, 2006
1.(d) Farnsworth Construction and
Gravel Company, Aspinall Storage Unit,
CRSP: The Company has requested a 40year water service contract for 1 acrefoot of water out of Blue Mesa Reservoir.
The Company has submitted an
augmentation plan to Water District 4,
Case No. 04–CW–204. Contract was
executed February 17, 2006.
1.(e) Double Tree Ranch East, LLC,
Aspinall Storage Unit, CRSP: Double
Tree has requested a 40-year water
service contract for 1 acre-foot of water
out of Blue Mesa Reservoir. Double Tree
has submitted an augmentation plan to
Water District 4, case number pending.
Contract was executed January 23, 2006.
29. North Fork Water Conservancy
District and Ragged Mountain Water
Users Association, Paonia Project,
Colorado: The district and the
association have requested a contract for
supplemental water from the Paonia
Project. Their existing contract expired
on December 31, 2005. This contract
will include irrigation and municipal
uses. Contract was executed January 23,
2006, for irrigation water use only.
Great Plains Region
Bureau of Reclamation, PO Box
36900, Federal Building, 316 North 26th
Street, Billings, Montana 59107–6900,
telephone 406–247–7752.
New Contract Actions
43. Frenchman Cambridge ID;
Meeker-Driftwood, Red Willow, and
Cambridge Units; Frenchman Division,
P–SMBP; Cambridge, Nebraska:
Legislation is pending for equalization
of the construction obligation payments
over the remaining years of the water
supply repayment obligation period,
and to delay the increase in the reserve
fund payments.
44. Kansas-Bostwick ID No. 2;
Courtland Unit, Bostwick Division, P–
SMBP; Courtland, Kansas: Legislation is
pending for equalization of the
construction obligation payments over
the remaining years of the water supply
repayment obligation period, and to
delay the increase in the reserve fund
payments.
45. Bostwick ID; Superior-Courtland
and Franklin Units, Bostwick Division,
P–SMBP; Red Cloud, Nebraska:
Legislation is pending for equalization
of the construction obligation payments
over the remaining years of the water
supply repayment obligation period,
and to delay the increase in the reserve
fund payments.
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Notices
46. Webster ID; Webster Unit,
Solomon Division, P–SMBP; Gaylord,
Kansas: Legislation is pending for
equalization of the construction
obligation payments over the remaining
years of the water supply repayment
obligation period, and to delay the
increase in the reserve fund payments.
Modified Contract Actions
19. Clark Canyon Water Supply
Company, East Bench Unit, P–SMBP,
Montana: Negotiating renewal of
contract No. 14–06–600–3592 which
was amended to expire March 31, 2006.
Current contract may be amended again
to extend the term not to exceed an
additional 2 years pursuant to Section
208 of the 2005 Consolidated
Appropriations Act if necessary and
agreed to by both parties.
20. East Bench ID, East Bench Unit,
P–SMBP, Montana: Negotiating renewal
of contract No. 14–06–600–3593 which
was amended to expire March 31, 2006.
Current contract may be amended again
to extend the term not to exceed an
additional 2 years pursuant to Section
208 of the 2005 Consolidated
Appropriations Act if necessary and
agreed to by both parties.
27. Hill County WD, Milk River
Project, Montana: Drafting contracts for
renewal of municipal water supply
contract No. 14–06–600–8954 which
expires August 1, 2006. The proposal
includes splitting the contract between
Hill County WD and North Havre
County WD which both receive their
full water supply under the current
contract.
Dated: March 28, 2006.
Roseann Gonzales,
Director, Office of Program and Policy
Services.
[FR Doc. E6–8005 Filed 5–24–06; 8:45 am]
BILLING CODE 4310–MN–P
DEPARTMENT OF JUSTICE
cchase on PROD1PC60 with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation and Liability
Act
Notice is hereby given that on May 4,
2006, a proposed Consent Decree in
United States v. Browning-Ferris, Inc., et
al., Civil Action No. 06–1134, was
lodged with the United States District
Court for the District of Maryland.
The proposed consent decree in
United States v. Browning-Ferris, Inc., et
al., resolves the claims of the United
States and Maryland under sections 106
and 107 of the Comprehensive
Environmental Response, Compensation
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and Liability Act (‘‘CERCLA’’), 42 U.S.C.
9606 and 9607, at the Kane and
Lombard Site, located in Baltimore,
Maryland (the ‘‘Site’’). This consent
decree obligates four defendants to
perform the remedy that EPA selected
for the second operable unit at the Site.
Also included in the decree are fourteen
parties that are contributing financially
to the clean-up through payments to the
defendants, but who will not be
performing the work nor directly
reimbursing the Federal or state past
response costs. EPA estimates that the
work to be performed pursuant to this
consent decree will be approximately
$7,345,000.
The Department of Justice will receive
comments relating to this Consent
Decree for a period of thirty (30) days
from the date of this publication.
Comments should be addressed to the
Assistant Attorney General,
Environmental and Natural Resources
Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, attention: Nancy
Flickinger, and should refer to United
States v. Browning-Ferris, Inc., et al.,
Civil Action No. 06–1134, and DOJ #
90–11–2–299/1.
The Consent Decree may be examined
at the Office of the United States
Attorney for the District of Maryland, 36
S. Charles Street, Baltimore, MD 21201,
and at U.S. EPA Region III’s Office, 1650
Arch Street, Philadelphia, PA 19103.
During the public comment period, the
consent decree may also be examined
on the following Department of Justice
Web site, http//www.usdoj.gov/enrd/
open.html. A copy of the consent decree
may also be obtained by mail from the
Consent Decree Library, P.O. Box 7611,
U.S. Department of Justice, Washington,
DC 20044–7611 or by faxing or emailing a request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please enclose a check in the amount of
25 cents per page reproduction cost for
a full copy of the consent decree,
payable to the U.S. Treasury.
W. Benjamin Fisherow,
Deputy Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 06–4832 Filed 5–24–06; 8:45am]
BILLING CODE 4410–15–M
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Resource Conservation and
Recovery Act
Notice is hereby given that on May 11,
2006, a proposed Consent Decree (‘‘CD’’)
in United States, et al., v. FMB—First
Michigan Bank, or its successor, as
Trustee of the Mary A. Windolph Trust,
Civil Action No. 1:88–cv–00097 was
lodged with the United States District
Court for the Western District of
Michigan, Southern Division.
In this action, the United States
sought on behalf of the United States
Environmental Protection Agency the
imposition of civil penalties and
permanent injunctive relief at the KHI,
Inc. facility in Holland, Michigan,
formerly known as Kent-Holland Die
Casting & Plating, Inc. (the ‘‘KHI
Facility’’) owned by the Mary A.
Windolph Trust, pursuant to Section
3008 of the Resource Conservation and
Recovery Act (‘‘RCRA’’), 42 U.S.C. 6928.
The CD resolves claims that the Mary A.
Windolph Trust, as current owner of the
KHI Facility, failed to comply with
RCRA permitting requirements for
hazardous waste treatment, storage, and
disposal facilities. The CD builds upon
a March 17, 1988 Stipulation in which
the Defendant, FMB—First Michigan
Bank, or its successor, as Trustee for the
Mary A. Windolph Trust, agreed to
perform the closure and post-closure
activities at the KHI Facility. The
Defendant has completed closure
requirements. Under the CD, the
Defendant must continue to comply
with on-going post-closure plans, pay a
civil penalty of $10,000, and place a
minimum of $113,000 and a maximum
of $350,000 in an environmental escrow
to fund its remaining obligations.
Additionally, the Defendant agrees to
continue to provide EPA with access to
the KHI Facility during the post-closure
work. Further, upon payment of the
civil penalty, the United States
convenants not to sue the Defendant
pursuant to 40 CFR Part 265 Subpart G
and Sections 3008 and 7003 of RCRA,
42 U.S.C. 6928 and 6973, and Part 111
of the Michigan’s Natural Resources and
Environmental Protection Act
(‘‘NREPA’’) for closure and corrective
action related obligations at the KHI
Facility, and Sections 106 and 107(a) of
CERCLA, 42 U.S.C. 9606 and 9607(a),
and Part 201 of NREPA with respect to
Existing Contamination at the KHI
Facility. Additionally, this CD includes
a prospective purchaser agreement,
attached to the CD as Appendix C,
entitled ‘‘Agreement and Covenant Not
to Sue.’’ The United States convenants
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]]>Agencies
[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Notices]
[Pages 30159-30162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8005]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Quarterly Status Report of Water Service, Repayment, and Other
Water-Related Contract Negotiations
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice.
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SUMMARY: Notice is hereby given of contractual actions that have been
proposed to the Bureau of Reclamation (Reclamation) and are new,
modified, discontinued, or completed since the last publication of this
notice on February 23, 2006. This notice is one of a variety of means
used to inform the public about proposed contractual actions for
capital recovery and management of project resources and facilities
consistent with section 9(f) of the Reclamation Project Act of 1939.
[[Page 30160]]
Additional announcements of individual contract actions may be
published in the Federal Register and in newspapers of general
circulation in the areas determined by Reclamation to be affected by
the proposed action.
ADDRESSES: The identity of the approving officer and other information
pertaining to a specific contract proposal may be obtained by calling
or writing the appropriate regional office at the address and telephone
number given for each region in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Sandra L. Simons, Manager, Contract
Services Office, Bureau of Reclamation, PO Box 25007, Denver, Colorado
80225-0007; telephone 303-445-2902.
SUPPLEMENTARY INFORMATION: Consistent with section 9(f) of the
Reclamation Project Act of 1939 and the rules and regulations published
in 52 FR 11954, April 13, 1987 (43 CFR 426.22), Reclamation will
publish notice of proposed or amendatory contract actions for any
contract for the delivery of project water for authorized uses in
newspapers of general circulation in the affected area at least 60 days
prior to contract execution. Announcements may be in the form of news
releases, legal notices, official letters, memorandums, or other forms
of written material. Meetings, workshops, and/or hearings may also be
used, as appropriate, to provide local publicity. The public
participation procedures do not apply to proposed contracts for the
sale of surplus or interim irrigation water for a term of 1 year or
less. Either of the contracting parties may invite the public to
observe contract proceedings. All public participation procedures will
be coordinated with those involved in complying with the National
Environmental Policy Act. Pursuant to the ``Final Revised Public
Participation Procedures'' for water resource-related contract
negotiations, published in 47 FR 7763, February 22, 1982, a tabulation
is provided of all proposed contractual actions in each of the five
Reclamation regions. When contract negotiations are completed, and
prior to execution, each proposed contract form must be approved by the
Secretary of the Interior, or pursuant to delegated or redelegated
authority, the Commissioner of Reclamation or one of the regional
directors. In some instances, congressional review and approval of a
report, water rate, or other terms and conditions of the contract may
be involved.
Public participation in and receipt of comments on contract
proposals will be facilitated by adherence to the following procedures:
1. Only persons authorized to act on behalf of the contracting
entities may negotiate the terms and conditions of a specific contract
proposal.
2. Advance notice of meetings or hearings will be furnished to
those parties that have made a timely written request for such notice
to the appropriate regional or project office of Reclamation.
3. Written correspondence regarding proposed contracts may be made
available to the general public pursuant to the terms and procedures of
the Freedom of Information Act, as amended.
4. Written comments on a proposed contract or contract action must
be submitted to the appropriate regional officials at the locations and
within the time limits set forth in the advance public notices.
5. All written comments received and testimony presented at any
public hearings will be reviewed and summarized by the appropriate
regional office for use by the contract approving authority.
6. Copies of specific proposed contracts may be obtained from the
appropriate regional director or his designated public contact as they
become available for review and comment.
7. In the event modifications are made in the form of a proposed
contract, the appropriate regional director shall determine whether
republication of the notice and/or extension of the comment period is
necessary.
Factors considered in making such a determination shall include,
but are not limited to (i) the significance of the modification, and
(ii) the degree of public interest which has been expressed over the
course of the negotiations. At a minimum, the regional director shall
furnish revised contracts to all parties who requested the contract in
response to the initial public notice.
The February 23, 2006, notice should be used as a reference point
to identify changes. The numbering system in this notice corresponds
with the numbering system in the February 23, 2006, notice.
Definitions of Abbreviations Used in This Document
BCP--Boulder Canyon Project
Reclamation--Bureau of Reclamation
CAP--Central Arizona Project
CVP--Central Valley Project
CRSP--Colorado River Storage Project
FR--Federal Register
IDD--Irrigation and Drainage District
ID--Irrigation District
M&I--Municipal and Industrial
NMISC--New Mexico Interstate Stream Commission
O&M--Operation and Maintenance
P-SMBP--Pick-Sloan Missouri Basin Program
PPR--Present Perfected Right
RRA--Reclamation Reform Act of 1982
SOD--Safety of Dams
SRPA--Small Reclamation Projects Act of 1956
WD--Water District
Pacific Northwest Region
Bureau of Reclamation, 1150 North Curtis Road, Suite 100, Boise,
Idaho 83706-1234, telephone 208-378-5344.
New Contract Actions
18. Three irrigation water user entities, Boise Project, Idaho:
Amendatory repayment contract with New Union Ditch Company to reduce
contract by 500 acre-feet of Lucky Peak storage space and new contracts
with Wilderness Ranch Owners' Association for 200 acre-feet and Osprey
Subdivision Project Owners' Association for 300 acre-feet of Lucky Peak
storage space.
19. Stanfield ID, Umatilla Project, Oregon: Contract for long-term
boundary expansion to include lands outside of federally recognized
district boundaries.
Modified Contract Actions
15. Twenty-one irrigation districts of the Arrowrock Division,
Boise Project, Idaho: Repayment agreements with districts with
spaceholder contracts for repayment, per legislation, of reimbursable
share of costs to rehabilitate Arrowrock Dam Outlet Gates under the O&M
program.
16. Five irrigation water user entities, Boise Project, Idaho:
Long-term renewal and/or conversion of five irrigation water service
contracts for supplemental irrigation use of up to 7,518 acre-feet of
storage space in Lucky Peak Reservoir, a Corps of Engineers' project on
the Boise River, Idaho.
Mid-Pacific Region
Bureau of Reclamation, 2800 Cottage Way, Sacramento, California
95825-1898, telephone 916-978-5250.
New Contract Actions
40. City of Tracy, Sacramento Municipal Utility District, Santa
Clara Valley WD, and San Benito County Water Agency; all CVP;
California: Amend existing water service contracts to conform to
current Reclamation law.
41. San Luis WD and Marvin Meyers/Meyers Farm, San Luis/Delta
Division, CVP, California: Negotiation of a long-term exchange
contract.
[[Page 30161]]
Lower Colorado Region
Bureau of Reclamation, PO Box 61470 (Nevada Highway and Park
Street), Boulder City, Nevada 89006-1470, telephone 702-293-8081.
New Contract Actions
36. Chacha AZ, LLC, BCP, Arizona: Contract for 2,100 acre-feet per
year of fourth-priority Arizona water for agricultural purposes.
37. Cibola Valley IDD, BCP, Arizona: Assign 60 acre-feet per year
of the district's entitlement to Arizona fourth-priority water to
Cibola Resources, LLC, for agricultural purposes.
38. All-American Canal, BCP, California: Agreement among
Reclamation, the Department of the Interior, the Imperial ID, and the
San Diego County Water Authority for construction of the All-American
Canal Lining Project pursuant to Title II of Pub. L. 100-675.
39. City of Yuma, BCP, Arizona: Supplemental and amendatory
contract to provide for additional point of delivery for a new pump
station to be constructed on the Gila Gravity Main Canal, with initial
intake capacity of 20 million gallons per day, building up to 40
million gallons per day at full design.
40. The Metropolitan WD of Southern California, BCP, California:
Contract to implement a demonstration program to create intentionally
created surplus through extraordinary conservation in 2006 and 2007 and
store this water in Lake Mead.
Completed Contract Actions
4. Beattie Farms SW, BCP, Arizona: Contract for 1,110 acre-feet per
year of fourth priority water for agricultural purposes. Contract
executed February 17, 2006.
20. City of Somerton, BCP, Arizona: Contract for the annual
delivery of up to 750 acre-feet of Colorado River water per year for
domestic use as recommended by the Arizona Department of Water
Resources. Contract executed February 8, 2006.
38. All-American Canal, BCP, California: Agreement among
Reclamation, the Department of the Interior, the Imperial ID, and the
San Diego County Water Authority for construction of the All-American
Canal Lining Project pursuant to Title II of Pub. L. 100-675. Contract
executed January 13, 2006.
Discontinued Contract Action
12. Canyon Forest Village II Corporation, BCP, Arizona: Colorado
River water delivery contract for up to 400 acre-feet per year of
unused Arizona apportionment or surplus apportionment for domestic use.
Upper Colorado Region
Bureau of Reclamation, 125 South State Street, Room 6107, Salt Lake
City, Utah 84138-1102, telephone 801-524-3864.
New Contract Actions
1.(f) GW Spore Family Minor Subdivision, Aspinall Storage Unit,
CRSP: GW Spore has requested a 40-year water service contract for 1
acre-foot of water out of Blue Mesa Reservoir. They have submitted
their augmentation plan to Water District 4, case No. 05 CW 220.
1.(g) Arlo Cox, Aspinall Storage Unit, CRSP: Mr. Cox has requested
a 40-year water service contract for 1 acre-foot of water out of Blue
Mesa Reservoir. He has submitted his augmentation plan to Water
District 4, case number pending.
31. Jensen Unit, Central Utah Project, Utah: The Uintah Water
Conservancy District has requested a contract with provision to prepay
at a discounted rate, for the remaining 3,300 acre-feet of unmarketed
project M&I water.
32. Emery County Project, Utah: The Huntington Cleveland Irrigation
Company has requested a contract for carriage of up to 6,754 acre-feet
of nonproject water; utilizing Huntington North Reservoir as a
regulating feature associated with their Salinity Control Project.
Modified Contract Actions
22. Public Service Company of New Mexico, Reclamation, and the U.S.
Fish and Wildlife Service; San Juan River Basin Recovery Implementation
Program: The agreement identifies that Reclamation may provide cost-
share funding for the recovery monitoring and research, and O&M of the
constructed fish passage at the Public Service Company's site pursuant
to Public Law 106-392, dated October 30, 2000, 114 Stat. 1062.
30. Navajo Nation, San Juan River Dineh Water Users, Reclamation,
and the U.S. Fish and Wildlife Service; San Juan River Basin Recovery
Implementation Program: The agreement identifies that Reclamation may
provide cost-share funding for the recovery monitoring and research,
and O&M of the constructed fish passage at the Hogback Diversion Dam
pursuant to Public Law 106-392, dated October 30, 2000, 114 Stat. 1602.
Completed Contract Actions
1.(c) Joseph Foran, Aspinall Storage Unit, CRSP: Mr. Foran has
requested a 40-year water service contract for 25 acre-feet of water
out of Blue Mesa Reservoir. Mr. Foran has submitted an augmentation
plan to Water District 4, case number pending. Contract was executed
February 17, 2006
1.(d) Farnsworth Construction and Gravel Company, Aspinall Storage
Unit, CRSP: The Company has requested a 40-year water service contract
for 1 acre-foot of water out of Blue Mesa Reservoir. The Company has
submitted an augmentation plan to Water District 4, Case No. 04-CW-204.
Contract was executed February 17, 2006.
1.(e) Double Tree Ranch East, LLC, Aspinall Storage Unit, CRSP:
Double Tree has requested a 40-year water service contract for 1 acre-
foot of water out of Blue Mesa Reservoir. Double Tree has submitted an
augmentation plan to Water District 4, case number pending. Contract
was executed January 23, 2006.
29. North Fork Water Conservancy District and Ragged Mountain Water
Users Association, Paonia Project, Colorado: The district and the
association have requested a contract for supplemental water from the
Paonia Project. Their existing contract expired on December 31, 2005.
This contract will include irrigation and municipal uses. Contract was
executed January 23, 2006, for irrigation water use only.
Great Plains Region
Bureau of Reclamation, PO Box 36900, Federal Building, 316 North
26th Street, Billings, Montana 59107-6900, telephone 406-247-7752.
New Contract Actions
43. Frenchman Cambridge ID; Meeker-Driftwood, Red Willow, and
Cambridge Units; Frenchman Division, P-SMBP; Cambridge, Nebraska:
Legislation is pending for equalization of the construction obligation
payments over the remaining years of the water supply repayment
obligation period, and to delay the increase in the reserve fund
payments.
44. Kansas-Bostwick ID No. 2; Courtland Unit, Bostwick Division, P-
SMBP; Courtland, Kansas: Legislation is pending for equalization of the
construction obligation payments over the remaining years of the water
supply repayment obligation period, and to delay the increase in the
reserve fund payments.
45. Bostwick ID; Superior-Courtland and Franklin Units, Bostwick
Division, P-SMBP; Red Cloud, Nebraska: Legislation is pending for
equalization of the construction obligation payments over the remaining
years of the water supply repayment obligation period, and to delay the
increase in the reserve fund payments.
[[Page 30162]]
46. Webster ID; Webster Unit, Solomon Division, P-SMBP; Gaylord,
Kansas: Legislation is pending for equalization of the construction
obligation payments over the remaining years of the water supply
repayment obligation period, and to delay the increase in the reserve
fund payments.
Modified Contract Actions
19. Clark Canyon Water Supply Company, East Bench Unit, P-SMBP,
Montana: Negotiating renewal of contract No. 14-06-600-3592 which was
amended to expire March 31, 2006. Current contract may be amended again
to extend the term not to exceed an additional 2 years pursuant to
Section 208 of the 2005 Consolidated Appropriations Act if necessary
and agreed to by both parties.
20. East Bench ID, East Bench Unit, P-SMBP, Montana: Negotiating
renewal of contract No. 14-06-600-3593 which was amended to expire
March 31, 2006. Current contract may be amended again to extend the
term not to exceed an additional 2 years pursuant to Section 208 of the
2005 Consolidated Appropriations Act if necessary and agreed to by both
parties.
27. Hill County WD, Milk River Project, Montana: Drafting contracts
for renewal of municipal water supply contract No. 14-06-600-8954 which
expires August 1, 2006. The proposal includes splitting the contract
between Hill County WD and North Havre County WD which both receive
their full water supply under the current contract.
Dated: March 28, 2006.
Roseann Gonzales,
Director, Office of Program and Policy Services.
[FR Doc. E6-8005 Filed 5-24-06; 8:45 am]
BILLING CODE 4310-MN-P
