Statement of Findings: Zuni Indian Tribe Water Rights Settlement Act of 2003, 75981-75982 [06-9756]
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices
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[FR Doc. E6–21557 Filed 12–18–06; 8:45 am]
BILLING CODE 4210–67–P
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Statement of Findings: Zuni Indian
Tribe Water Rights Settlement Act of
2003
Office of the Secretary, Interior.
Notice of Statement of Findings
in accordance with Public Law 108–34.
AGENCY:
ACTION:
SUMMARY: The Secretary of the Interior
is causing this notice to be published as
required by section 9 of the Zuni Indian
Tribe Water Rights Settlement Act of
2003 (Settlement Act), Public Law 108–
34, 117 Stat. 782–98. The publication of
this notice causes the waiver and release
of certain claims to become effective as
required to implement the Settlement.
DATES: In accordance with section 9 of
the Settlement Act, the waiver and
release of claims described in section
7(b) and 7(c) of the Settlement Act are
effective on December 19, 2006.
Contact: Address all comments and
requests for additional information to
Christopher Banet, Chair, Zuni Indian
Tribe Water Rights Settlement Federal
Implementation Team, Department of
the Interior, Bureau of Indian Affairs,
Southwest Regional Office, 1001 Indian
School Road, NW., Albuquerque, NM
87104. (505) 563–3540.
SUPPLEMENTARY INFORMATION: In 1984,
the United States established a
reservation for the Zuni Indian Tribe
(Tribe) in northern Arizona, the Zuni
Heaven Reservation, for longstanding
religious and sustenance activities. On
June 7, 2002, the Tribe and other parties
entered into the Zuni Indian Tribe
Water Rights Settlement Agreement
(Settlement Agreement), a negotiated
settlement of the water rights for the
Zuni Heaven Reservation in the General
Adjudication of All Rights to Use Water
in the Little Colorado River System and
Source. The Settlement Agreement
resolves all of the Tribe’s water rights
claims in the Arizona portion of the
Little Colorado River Basin, assists the
Tribe in acquiring surface water rights
therein, provides for the Tribe’s use of
groundwater therefrom and provides for
wetland restoration of a portion of the
Tribe’s Arizona lands.
The purposes of the Settlement Act
are:
(1) To approve, ratify, and confirm the
Settlement Agreement entered into by
the Tribe and the neighboring nonIndians;
(2) To authorize and direct the
Secretary to execute and perform the
Settlement Agreement and related
waivers;
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75981
(3) To authorize and direct the United
States to take legal title and hold such
title to certain lands in trust for the
benefit of the Zuni Indian Tribe; and
(4) To authorize the actions,
agreements, and appropriations as
provided for in the Settlement
Agreement and the Settlement Act.
In order for terms of the Settlement
Act and Settlement Agreement to be
effective, the Secretary is required to
make a statement of findings that certain
conditions have been met.
Statement of Findings
As required by section 9 of the
Settlement Act and as required by
section 3.1.L of the Settlement
Agreement, I find as follows:
1. The Settlement Act has been
enacted in a form approved by the
parties in paragraph 3.1 of the
Settlement Agreement.
2. The funds authorized by section
4(b) of the Settlement Act have been
appropriated by the United States and
deposited into the Zuni Indian Tribe
Water Rights Development Fund (Fund),
established under section 6 of the
Settlement Act.
3. The State of Arizona has
appropriated and deposited into the
Fund the amount required by paragraph
7.6 of the Settlement Agreement.
4. The Tribe has waived the
condition, as provided in paragraph 3.2
of the Settlement Agreement, that it
purchase or acquire the rights to
purchase 2,350 acre-feet per annum of
surface water rights.
5. The Tribe has waived the
condition, as provided in paragraph 3.2
of the Settlement Agreement, that it
acquire conditional approval for
severance and transfer of surface water
rights that the Tribe owns or has the
right to purchase.
6. Pursuant to subparagraph 3.1.E of
the Settlement Agreement, the Tribe and
the Lyman Water Company have
executed two separate agreements
relating to the process of severance and
transfer of surface water rights acquired
by the Tribe or the United States and
relating to the pass-through, use, and
storage of the Tribe’s surface water
rights in Lyman Lake and the operation
of Lyman Dam. The United States and
the Arizona Game and Fish Commission
were also signatories to the severance
and transfer agreement, and both
agreements were made in consultation
with the City of St. Johns, Arizona and
St. Johns Irrigation Company. The
Lyman Water Company did not find it
necessary to amend any operating
procedures or by-laws in furtherance of
these agreements.
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19DEN1
75982
Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices
7. Pursuant to subparagraph 3.1.F of
the Settlement Agreement, all parties to
the Settlement Agreement have agreed
and stipulated to certain Arizona Game
and Fish Commission abstracts of water
uses.
8. Pursuant to subparagraph 3.1.G of
the Settlement Agreement, all parties to
the Settlement Agreement have agreed
to the location of an observation well
and that well has been installed.
9. Pursuant to subparagraph 3.1.H of
the Settlement Agreement, the Tribe,
Apache County, Arizona and the State
of Arizona have executed an
Intergovernmental Agreement that
satisfies all of the conditions in
paragraph 6.2 of the Settlement
Agreement.
10. The Tribe has acquired title to the
section of land adjacent to Zuni Heaven
Reservation described as Section 34,
Township 14 North, Range 26 East, Gila
and Salt River Base and Meridian.
11. The Settlement Agreement was
modified to the extent that it was in
conflict with the Settlement Act and the
modification has been agreed to by all
the parties to the Settlement Agreement.
12. A court of competent jurisdiction
has approved the Settlement Agreement
by a final judgment and decree.
As authorized by section 4(a) of the
Act, I find as follows:
1. Pursuant to subparagraph 3.1.J of
the Settlement Agreement, the
Settlement Agreement, as amended, and
all exhibits requiring signatures have
been executed.
As required by paragraph 6.2.B of the
Settlement Agreement, I hereby certify
to the Governor of the State of Arizona
that all of the conditions precedent in
paragraph 6.2 have been satisfied.
Dated: December 8, 2006.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. 06–9756 Filed 12–18–06; 8:45 am]
BILLING CODE 4310–W7–M
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO–320–1990–FA–24 1A, OMB Control
Number 1004–0114]
Information Collection Submitted to
the Office of Management and Budget
Under the Paperwork Reduction Act
The Bureau of Land Management
(BLM) will send a request to extend the
current information collection to the
Office of Management and Budget
(OMB) under the provisions of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). On April 21, 2005, the
BLM published a notice in the Federal
Register (70 FR 20768) requesting
comment on this information collection.
The comment period ended on June 20,
2005. The BLM did not receive any
comments. You may obtain copies of the
collection of information and related
forms and explanatory material by
contacting the BLM Information
Collection Clearance Officer at the
telephone number listed below.
The OMB must respond to this
request within 60 days but may respond
after 30 days. For maximum
consideration your comments and
suggestions on the requirement should
be directed within 30 days to the Office
of Management and Budget, Interior
Department Desk Officer (1004–0114), at
OMB–OIRA via facsimile to (202) 395–
6566 or e-mail to
OIRA_DOCKET@omb.eop.gov. Please
provide a copy of your comments to the
U.S. Department of the Interior, Bureau
of Land Management, Mail Stop 401LS,
1849 C Street, NW., Attention: Bureau
Information Collection Clearance Officer
(WP–630), Washington, DC 20240.
Nature of Comments: We specifically
request your comments on the
following:
1. Whether the collection of
information is necessary for the proper
functioning of the BLM, including
Annual # of
responses
hsrobinson on PROD1PC76 with NOTICES
43 CFR citation
Form
Form
3830
3832
3833
3834
3836
3837
whether the information will have
practical utility;
2. The accuracy of our estimates of the
information collection burden,
including the validity of the
methodology and assumptions we use;
3. Ways to enhance the quality, utility
and clarity of the information we
collect; and
4. Ways to minimize the information
collection burden on those who are to
respond, including the use of
appropriate automated, electronic,
mechanical, or other forms of
information technology.
Title: Recordation of Location Notices
and Annual Filings for Mining Claims,
Mill Sites, and Tunnel Sites; Payment of
Location and Maintenance Fees and
Service Charges. (43 CFR part 3730,
3810, 3820, 3830–3838).
OMB Control Number: 1004–0114.
Bureau Form Number: 3830–2 and
3830–3.
Abstract: The Bureau of Land
Management (BLM) collects and uses
the information to determine whether or
not mining claimants have met statutory
requirements. Mining claimants must
record location notices or certificates of
mining claims, mill sites, and tunnel
sites with BLM within 90 days of their
location. Claimants who do not pay the
maintenance fee must make an annual
filing by December 30. The mining
claim or site is forfeited by operation of
law if claimants fail to record the
mining claim or site or to submit an
annual filing when required.
Frequency: Once for notices and
certificates of location, notice of intent
to locate mining claims, and payment of
location fees. Once for annual filings,
payment of maintenance fees, or filing
of waivers, and as needed for recording
of amendments to a previously recorded
notice or certificate of location or
transfer of interest.
Description of Respondents: Private
sector.
Estimated Completion Time:
Hours/response
(minutes)
Total hours
Cost to public
3830–2 ...................................................................................................
3830–3 ...................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
5,675
271
111,274
1,800
1,800
1,800
100,000
1,800
20
25
8
8
8
8
8
8
1,892
113
14,837
240
240
240
13,333
240
$51,075
2,710
148,370
2,400
2,400
2,400
133,330
2,400
Totals ........................................................................................................
224,420
........................
31,135
........................
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17:07 Dec 18, 2006
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19DEN1
]]>Agencies
[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Notices]
[Pages 75981-75982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9756]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Statement of Findings: Zuni Indian Tribe Water Rights Settlement
Act of 2003
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of Statement of Findings in accordance with Public Law
108-34.
-----------------------------------------------------------------------
SUMMARY: The Secretary of the Interior is causing this notice to be
published as required by section 9 of the Zuni Indian Tribe Water
Rights Settlement Act of 2003 (Settlement Act), Public Law 108-34, 117
Stat. 782-98. The publication of this notice causes the waiver and
release of certain claims to become effective as required to implement
the Settlement.
DATES: In accordance with section 9 of the Settlement Act, the waiver
and release of claims described in section 7(b) and 7(c) of the
Settlement Act are effective on December 19, 2006.
Contact: Address all comments and requests for additional
information to Christopher Banet, Chair, Zuni Indian Tribe Water Rights
Settlement Federal Implementation Team, Department of the Interior,
Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School
Road, NW., Albuquerque, NM 87104. (505) 563-3540.
SUPPLEMENTARY INFORMATION: In 1984, the United States established a
reservation for the Zuni Indian Tribe (Tribe) in northern Arizona, the
Zuni Heaven Reservation, for longstanding religious and sustenance
activities. On June 7, 2002, the Tribe and other parties entered into
the Zuni Indian Tribe Water Rights Settlement Agreement (Settlement
Agreement), a negotiated settlement of the water rights for the Zuni
Heaven Reservation in the General Adjudication of All Rights to Use
Water in the Little Colorado River System and Source. The Settlement
Agreement resolves all of the Tribe's water rights claims in the
Arizona portion of the Little Colorado River Basin, assists the Tribe
in acquiring surface water rights therein, provides for the Tribe's use
of groundwater therefrom and provides for wetland restoration of a
portion of the Tribe's Arizona lands.
The purposes of the Settlement Act are:
(1) To approve, ratify, and confirm the Settlement Agreement
entered into by the Tribe and the neighboring non-Indians;
(2) To authorize and direct the Secretary to execute and perform
the Settlement Agreement and related waivers;
(3) To authorize and direct the United States to take legal title
and hold such title to certain lands in trust for the benefit of the
Zuni Indian Tribe; and
(4) To authorize the actions, agreements, and appropriations as
provided for in the Settlement Agreement and the Settlement Act.
In order for terms of the Settlement Act and Settlement Agreement
to be effective, the Secretary is required to make a statement of
findings that certain conditions have been met.
Statement of Findings
As required by section 9 of the Settlement Act and as required by
section 3.1.L of the Settlement Agreement, I find as follows:
1. The Settlement Act has been enacted in a form approved by the
parties in paragraph 3.1 of the Settlement Agreement.
2. The funds authorized by section 4(b) of the Settlement Act have
been appropriated by the United States and deposited into the Zuni
Indian Tribe Water Rights Development Fund (Fund), established under
section 6 of the Settlement Act.
3. The State of Arizona has appropriated and deposited into the
Fund the amount required by paragraph 7.6 of the Settlement Agreement.
4. The Tribe has waived the condition, as provided in paragraph 3.2
of the Settlement Agreement, that it purchase or acquire the rights to
purchase 2,350 acre-feet per annum of surface water rights.
5. The Tribe has waived the condition, as provided in paragraph 3.2
of the Settlement Agreement, that it acquire conditional approval for
severance and transfer of surface water rights that the Tribe owns or
has the right to purchase.
6. Pursuant to subparagraph 3.1.E of the Settlement Agreement, the
Tribe and the Lyman Water Company have executed two separate agreements
relating to the process of severance and transfer of surface water
rights acquired by the Tribe or the United States and relating to the
pass-through, use, and storage of the Tribe's surface water rights in
Lyman Lake and the operation of Lyman Dam. The United States and the
Arizona Game and Fish Commission were also signatories to the severance
and transfer agreement, and both agreements were made in consultation
with the City of St. Johns, Arizona and St. Johns Irrigation Company.
The Lyman Water Company did not find it necessary to amend any
operating procedures or by-laws in furtherance of these agreements.
[[Page 75982]]
7. Pursuant to subparagraph 3.1.F of the Settlement Agreement, all
parties to the Settlement Agreement have agreed and stipulated to
certain Arizona Game and Fish Commission abstracts of water uses.
8. Pursuant to subparagraph 3.1.G of the Settlement Agreement, all
parties to the Settlement Agreement have agreed to the location of an
observation well and that well has been installed.
9. Pursuant to subparagraph 3.1.H of the Settlement Agreement, the
Tribe, Apache County, Arizona and the State of Arizona have executed an
Intergovernmental Agreement that satisfies all of the conditions in
paragraph 6.2 of the Settlement Agreement.
10. The Tribe has acquired title to the section of land adjacent to
Zuni Heaven Reservation described as Section 34, Township 14 North,
Range 26 East, Gila and Salt River Base and Meridian.
11. The Settlement Agreement was modified to the extent that it was
in conflict with the Settlement Act and the modification has been
agreed to by all the parties to the Settlement Agreement.
12. A court of competent jurisdiction has approved the Settlement
Agreement by a final judgment and decree.
As authorized by section 4(a) of the Act, I find as follows:
1. Pursuant to subparagraph 3.1.J of the Settlement Agreement, the
Settlement Agreement, as amended, and all exhibits requiring signatures
have been executed.
As required by paragraph 6.2.B of the Settlement Agreement, I
hereby certify to the Governor of the State of Arizona that all of the
conditions precedent in paragraph 6.2 have been satisfied.
Dated: December 8, 2006.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. 06-9756 Filed 12-18-06; 8:45 am]
BILLING CODE 4310-W7-M
