Statement of Findings: Gila River Indian Community Water Rights Settlement Act of 2004, 71143-71145 [E7-24257]
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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices
Dated: December 7, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 07–6048 Filed 12–13–07; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket Nos. TSA–2006–24191; Coast
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Transportation Worker Identification
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Transportation Security
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AGENCY:
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SUMMARY: The Department of Homeland
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2007; Memphis, TN on December 27,
2007; and Buffalo, NY on December 28,
2007.
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(571) 227–4545; e-mail:
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(TSA), issued a joint final rule (72 FR
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including those in the Port of Peoria;
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Captain of the Port Zone Lower
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Issued in Arlington, Virginia, on December
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Rex Lovelady,
Program Manager, Transportation Worker
Identification Credential Program, Office of
Transportation Threat Assessment and
Credentialing, Transportation Security
Administration.
[FR Doc. E7–24253 Filed 12–13–07; 8:45 am]
BILLING CODE 9110–05–P
Background
The Department of Homeland
Security (DHS), through the United
States Coast Guard and the
Transportation Security Administration
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71143
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5125–N–50]
Federal Property Suitable as Facilities
to Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for possible use to
assist the homeless.
DATES: Effective Date: December 14,
2007.
FOR FURTHER INFORMATION CONTACT:
Kathy Ezzell, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 7262, Washington,
DC 20410; telephone (202) 708–1234;
TTY number for the hearing- and
speech-impaired (202) 708–2565, (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with the December 12, 1988
court order in National Coalition for the
Homeless v. Veterans Administration,
No. 88–2503–OG (D.D.C.), HUD
publishes a Notice, on a weekly basis,
identifying unutilized, underutilized,
excess, and surplus Federal buildings
and real property that HUD has
reviewed for suitability for use to assist
the homeless. Today’s Notice is for the
purpose of announcing that no
additional properties have been
determined suitable or unsuitable this
week.
Dated: December 6, 2007.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. E7–24005 Filed 12–13–07; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Statement of Findings: Gila River
Indian Community Water Rights
Settlement Act of 2004
Office of the Secretary, Interior.
Notice of Statement of Findings
in accordance with Title II of Public
Law 108–451.
AGENCY:
ACTION:
SUMMARY: The Secretary of the Interior
is publishing this notice in accordance
with section 207(c) of the Gila River
Indian Community Water Rights
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71144
Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices
Settlement Act of 2004 (Settlement Act),
Public Law 108–451, 118 Stat. 3499,
3519–20. Congress enacted the
Settlement Act as Title II of the Arizona
Water Settlements Act (AWSA), Public
Law 108–451, 118 Stat. 3478 et seq. The
publication of this notice causes the
waivers and releases of certain claims to
become effective as required by the
Settlement Act.
DATES: Effective Date: In accordance
with section 207(b) of the Settlement
Act, the waivers and releases of claims
described in paragraphs (1) and (3)
through (5) of section 207(a) and the
remaining provisions of section 207 of
the Settlement Act are effective on
December 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Address all comments and requests for
additional information to Deborah Saint,
Chair, Arizona Water Settlements Act
Implementation Team, Department of
the Interior, Bureau of Reclamation,
Lower Colorado Region, Native
American Affairs Office, 400 N 5th
Street, Suite 1470, Phoenix, AZ 85004.
(602) 379–3199.
SUPPLEMENTARY INFORMATION: On
February 4, 2003, the Gila River Indian
Community (Community) and other
parties entered into the Gila River
Indian Community Water Rights
Settlement Agreement (Gila River
Agreement). The Gila River Agreement
established the basis to resolve the
Community’s water rights claims to the
Gila River in Arizona. On December 10,
2004, Congress enacted the Settlement
Act as Title II of AWSA and authorized,
ratified, and confirmed the provisions of
the Gila River Agreement except to the
extent that any provision of the
agreement conflicts with the Settlement
Act.
The purposes of the Settlement Act
are:
(1) To resolve permanently certain
damage claims and all water rights
claims among the United States on
behalf of the Community, its members,
and allottees, and the Community and
its neighbors;
(2) To authorize, ratify, and confirm
the Gila River Agreement;
(3) To authorize and direct the
Secretary to execute and perform all
obligations of the Secretary under the
Gila River Agreement;
(4) To authorize the actions and
appropriations necessary for the United
States to meet its obligations under the
Gila River Agreement and the
Settlement Act; and
(5) To authorize and direct the
Secretary to execute the New Mexico
Consumptive Use and Forbearance
Agreement to allow the Secretary to
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Jkt 214001
exercise the rights authorized by
subsections (d) and (f) of section 304 of
the Colorado River Basin Project Act (43
U.S.C. 1524).
In order for the waivers and releases
set forth in the Gila River Agreement
and Settlement Act to become fully
effective and enforceable, the Secretary
is required to make a statement of
findings that certain conditions have
been met.
Statement of Findings
In accordance with section 207(c) of
the Settlement Act, I find as follows:
1. The Gila River Agreement has been
revised through an amendment to
eliminate any conflict with the
Settlement Act and, as so revised, the
Gila River Agreement has been executed
by the Secretary and the Governor of the
State of Arizona.
2. In accordance with subsections
104(a)(1)(A)(i) and (a)(2) of AWSA,
102,000 acre-feet of Central Arizona
Project (CAP) agricultural priority water
has been reallocated to the Community
and up to 96,295 acre-feet of CAP
agricultural priority water has been
reallocated to the Arizona Department
of Water Resources (ADWR) to be held
under contract in trust for further
allocation. This reallocation is
memorialized through a decision
published in the Federal Register on
August 25, 2006, and the Arizona Water
Settlement Agreement which prohibits
direct use of the water by ADWR.
3. In accordance with subsection
104(b) of AWSA, 65,647 acre-feet of
uncontracted CAP municipal and
industrial water has been reallocated as
memorialized in the Federal Register
notice of August 25, 2006, and
subcontracts for delivery have been
offered. Amendments to all CAP
contracts and subcontracts to include
the requirements of subsection 104(d)
have been offered.
4. In accordance with section 204 of
the Settlement Act, the Secretary has
reallocated and contracted with the
Community for additional CAP
entitlements of 18,600 acre-feet from the
Roosevelt Water Conservation District;
18,100 acre-feet relinquished by the
Harquahala Valley Irrigation District;
and 102,000 acre-feet as provided in
section 104 of AWSA.
5. The Community’s CAP Water
Delivery Contract has been amended in
accordance with section 205 of the
Settlement Act. The Secretary has
executed leases of Community CAP
water to Phelps Dodge and to the Cities
of Goodyear, Peoria, Phoenix and
Scottsdale, and has executed the
Reclaimed Water Exchange Agreement.
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6. The Secretary has established a
program to repair and remediate
subsidence damage and related damage
in accordance with section 209(a) of the
Settlement Act.
7. The parties have executed the
Arizona Water Settlement Agreement,
the ‘‘master agreement’’ authorized,
ratified, and confirmed by section 106(a)
of AWSA, and all conditions to its
enforceability have been satisfied.
8. $53 million has been identified and
retained in the Lower Colorado River
Basin Development Fund for the benefit
of the Community in accordance with
section 107(b) of the Settlement Act.
9. Pursuant to paragraph 27.4 of the
Gila River Agreement, the Arizona State
legislature and the Governor of Arizona
have determined that the appropriate
and commensurate contribution from
the State of Arizona is the State’s
recognition of the Community’s interest
in acquiring and placing into trust status
a parcel located within the exterior
boundaries of the Community’s
reservation and the State’s willingness
to cooperate in this effort, together with
the firming of 15,000 acre-feet of nonIndian agricultural priority CAP water
to the equivalent of municipal and
industrial priority water.
10. Pursuant to subparagraph 16.9 of
the Gila River Agreement, the Salt River
Project has paid $500,000 to the
Community.
11. The judgments and decrees
attached to the Gila River Agreement as
exhibits 25.18A (Gila River adjudication
proceedings) and 25.18B (Globe Equity
Decree proceedings) have been
approved by the respective courts.
12. The dismissals attached to the
Gila River Agreement as exhibits
25.17.1A and B, 25.17.2, and 25.17.3A
and B have been filed with the
respective courts and any necessary
dismissal orders have been entered.
13. The State of Arizona has enacted
legislation to implement the Southside
Replenishment Program in accordance
with subparagraph 5.3 of the Gila River
Agreement; to authorize the firming
program required by section 105 of
AWSA; and to establish the Upper Gila
River Watershed Maintenance Program
in accordance with subparagraph 26.8.1
of the Gila River Agreement.
14. The State of Arizona, through the
Arizona Water Banking Authority, has
entered into an agreement with the
Secretary to carry out the obligation of
the State to firm CAP agricultural
priority water to municipal and
industrial priority water under section
105(b)(2)(A) of AWSA.
15. Final judgment has been entered
in Central Arizona Water Conservation
District v. United States (No. CIV 95–
E:\FR\FM\14DEN1.SGM
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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices
Office of the Secretary, Interior.
Notice of Statement of Findings
in accordance with Title III of Public
Law 108–451.
resolve issues which precluded
implementation of the 1982 Act.
The purposes of the Settlement
Amendments Act are:
(1) To authorize, ratify, and confirm
the Tohono O’odham settlement
agreement, the Tucson agreement, the
Asarco agreement and related leases,
and the FICO agreement;
(2) To authorize and direct the
Secretary to execute and perform all
obligations of the Secretary under those
agreements; and
(3) To authorize the actions and
appropriations necessary for the United
States to meet its obligations under
those agreements and the Settlement
Amendments Act.
In order for the Settlement Amendments
Act and its amendments to be effective
and enforceable, the Secretary is
required to make a statement of findings
that certain conditions have been met.
SUMMARY: The Secretary of the Interior
is publishing this notice in accordance
with section 302(b) of the Southern
Arizona Water Rights Settlement
Amendments Act of 2004 (Settlement
Amendments Act), Public Law 108–451,
118 Stat. 3536, 3571–72. Congress
enacted the Settlement Amendments
Act as Title III of the Arizona Water
Settlements Act (AWSA), Public Law
108–451, 118 Stat. 3478 et seq. The
publication of this notice causes the
amendments to the Southern Arizona
Water Rights Settlement Act of 1982
(1982 Act), Public Law 97–293, 96 Stat.
1274 (as amended), made by the
Settlement Amendments Act to take
effect.
DATES: Effective Date: In accordance
with section 302(b) of the Settlement
Amendments Act, Title III of Public Law
108–451 and the amendments made by
Title III are effective on December 14,
2007.
FOR FURTHER INFORMATION CONTACT:
Address all comments and requests for
additional information to Deborah Saint,
Chair, Arizona Water Settlements
Implementation Team, Department of
the Interior, Bureau of Reclamation,
Lower Colorado Region, Native
American Affairs Office, 400 N 5th
Street, Suite 1470, Phoenix, AZ 85004.
(602) 379–3199.
SUPPLEMENTARY INFORMATION: The 1982
Act was enacted to resolve the water
right claims of the San Xavier and Shuk
Toak Districts of the Tohono O’odham
Nation (Nation). Disagreement about the
allocation of settlement benefits
precluded implementation of the 1982
Act. On December 10, 2004, the
Settlement Amendments Act was
enacted as Title III of AWSA in order to
Statement of Findings
In accordance with section 302(b) of
the Settlement Amendments Act, I find
as follows:
1. The Tohono O’odham settlement
agreement has been revised to eliminate
any conflicts with the Settlement
Amendments Act and, as so revised, has
been executed by the parties and the
Secretary.
2. The Secretary and other parties to
the Tucson agreement, the Asarco
agreement and the FICO agreement
described in section 309(h)(2)
Settlement Amendments Act (as
contained in the amendment made by
section 301) have executed those
agreements.
3. The Secretary has approved the
interim allottee water rights code
described in section 308(b)(3)(A) of the
Settlement Amendments Act (as
contained in the amendment made by
section 301).
4. Final dismissal with prejudice has
been entered in the Alvarez case and the
Tucson case on the sole condition that
this Statement of Findings be published.
5. The State court having jurisdiction
over the Gila River Adjudication
proceedings has approved the judgment
and decree attached to the Tohono
O’odham settlement agreement as
exhibit 17.1, and that judgment and
decree have become final and
nonappealable.
6. Implementation costs totaling
$24,068,400, as specified in section
302(b)(6) of the Settlement Amendments
Act, have been identified and retained
in the Lower Colorado River Basin
Development Fund.
7. The State of Arizona has enacted
legislation that qualifies the Nation to
earn long-term storage credits under the
625–TUC–WDB (EHC), No. CIV 95–
1720–PHX–EHC) (Consolidated Action)
in accordance with the repayment
stipulation in that case.
Dated: December 10, 2007.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. E7–24257 Filed 12–13–07; 8:45 am]
BILLING CODE 4310–MN–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Statement of Findings: Southern
Arizona Water Rights Settlement
Amendments Act of 2004
AGENCY:
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ACTION:
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71145
Asarco agreement; implements the San
Xavier groundwater protection program
in accordance with paragraph 8.8 of the
Tohono O’odham settlement agreement;
enables the State to assist the Secretary
in firming Central Arizona Project water
pursuant to section 306(b); and confirms
the jurisdiction of the State court having
jurisdiction over Gila River
Adjudication proceedings and decrees
to carry out the provisions of sections
312(d) and 312(h) of the Settlement
Amendments Act (as contained in the
amendment made by section 301).
8. The Secretary and the State of
Arizona have agreed to an acceptable
schedule under which the State shall
firm 15,000 acre-feet of agricultural
priority Central Arizona Project water as
referred to in section 105(b)(2)(C) of
AWSA.
9. Final judgment has been entered in
Central Arizona Water Conservation
District v. United States (No. CIV 95–
625–TUC–WDB (EHC), No. CIV 95–
1720–PHX–EHC) (Consolidated Action)
in accordance with the repayment
stipulation in that case.
Dated: December 10, 2007.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. E7–24258 Filed 12–13–07; 8:45 am]
BILLING CODE 4310–MN–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered Species Recovery Permit
Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comment.
AGENCY:
SUMMARY: We invite the public to
comment on the following applications
to conduct certain activities with
endangered species.
DATES: Comments on these permit
applications must be received on or
before January 14, 2008.
ADDRESSES: Written data or comments
should be submitted to the U.S. Fish
and Wildlife Service, Endangered
Species Program Manager, Region 8,
2800 Cottage Way, Room W–2606,
Sacramento, CA, 95825 (telephone: 916–
414–6464; fax: 916–414–6486). Please
refer to the respective permit number for
each application when submitting
comments. All comments received,
including names and addresses, will
become part of the official
administrative record and may be made
available to the public.
E:\FR\FM\14DEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71143-71145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24257]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Statement of Findings: Gila River Indian Community Water Rights
Settlement Act of 2004
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of Statement of Findings in accordance with Title II of
Public Law 108-451.
-----------------------------------------------------------------------
SUMMARY: The Secretary of the Interior is publishing this notice in
accordance with section 207(c) of the Gila River Indian Community Water
Rights
[[Page 71144]]
Settlement Act of 2004 (Settlement Act), Public Law 108-451, 118 Stat.
3499, 3519-20. Congress enacted the Settlement Act as Title II of the
Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat.
3478 et seq. The publication of this notice causes the waivers and
releases of certain claims to become effective as required by the
Settlement Act.
DATES: Effective Date: In accordance with section 207(b) of the
Settlement Act, the waivers and releases of claims described in
paragraphs (1) and (3) through (5) of section 207(a) and the remaining
provisions of section 207 of the Settlement Act are effective on
December 14, 2007.
FOR FURTHER INFORMATION CONTACT: Address all comments and requests for
additional information to Deborah Saint, Chair, Arizona Water
Settlements Act Implementation Team, Department of the Interior, Bureau
of Reclamation, Lower Colorado Region, Native American Affairs Office,
400 N 5th Street, Suite 1470, Phoenix, AZ 85004. (602) 379-3199.
SUPPLEMENTARY INFORMATION: On February 4, 2003, the Gila River Indian
Community (Community) and other parties entered into the Gila River
Indian Community Water Rights Settlement Agreement (Gila River
Agreement). The Gila River Agreement established the basis to resolve
the Community's water rights claims to the Gila River in Arizona. On
December 10, 2004, Congress enacted the Settlement Act as Title II of
AWSA and authorized, ratified, and confirmed the provisions of the Gila
River Agreement except to the extent that any provision of the
agreement conflicts with the Settlement Act.
The purposes of the Settlement Act are:
(1) To resolve permanently certain damage claims and all water
rights claims among the United States on behalf of the Community, its
members, and allottees, and the Community and its neighbors;
(2) To authorize, ratify, and confirm the Gila River Agreement;
(3) To authorize and direct the Secretary to execute and perform
all obligations of the Secretary under the Gila River Agreement;
(4) To authorize the actions and appropriations necessary for the
United States to meet its obligations under the Gila River Agreement
and the Settlement Act; and
(5) To authorize and direct the Secretary to execute the New Mexico
Consumptive Use and Forbearance Agreement to allow the Secretary to
exercise the rights authorized by subsections (d) and (f) of section
304 of the Colorado River Basin Project Act (43 U.S.C. 1524).
In order for the waivers and releases set forth in the Gila River
Agreement and Settlement Act to become fully effective and enforceable,
the Secretary is required to make a statement of findings that certain
conditions have been met.
Statement of Findings
In accordance with section 207(c) of the Settlement Act, I find as
follows:
1. The Gila River Agreement has been revised through an amendment
to eliminate any conflict with the Settlement Act and, as so revised,
the Gila River Agreement has been executed by the Secretary and the
Governor of the State of Arizona.
2. In accordance with subsections 104(a)(1)(A)(i) and (a)(2) of
AWSA, 102,000 acre-feet of Central Arizona Project (CAP) agricultural
priority water has been reallocated to the Community and up to 96,295
acre-feet of CAP agricultural priority water has been reallocated to
the Arizona Department of Water Resources (ADWR) to be held under
contract in trust for further allocation. This reallocation is
memorialized through a decision published in the Federal Register on
August 25, 2006, and the Arizona Water Settlement Agreement which
prohibits direct use of the water by ADWR.
3. In accordance with subsection 104(b) of AWSA, 65,647 acre-feet
of uncontracted CAP municipal and industrial water has been reallocated
as memorialized in the Federal Register notice of August 25, 2006, and
subcontracts for delivery have been offered. Amendments to all CAP
contracts and subcontracts to include the requirements of subsection
104(d) have been offered.
4. In accordance with section 204 of the Settlement Act, the
Secretary has reallocated and contracted with the Community for
additional CAP entitlements of 18,600 acre-feet from the Roosevelt
Water Conservation District; 18,100 acre-feet relinquished by the
Harquahala Valley Irrigation District; and 102,000 acre-feet as
provided in section 104 of AWSA.
5. The Community's CAP Water Delivery Contract has been amended in
accordance with section 205 of the Settlement Act. The Secretary has
executed leases of Community CAP water to Phelps Dodge and to the
Cities of Goodyear, Peoria, Phoenix and Scottsdale, and has executed
the Reclaimed Water Exchange Agreement.
6. The Secretary has established a program to repair and remediate
subsidence damage and related damage in accordance with section 209(a)
of the Settlement Act.
7. The parties have executed the Arizona Water Settlement
Agreement, the ``master agreement'' authorized, ratified, and confirmed
by section 106(a) of AWSA, and all conditions to its enforceability
have been satisfied.
8. $53 million has been identified and retained in the Lower
Colorado River Basin Development Fund for the benefit of the Community
in accordance with section 107(b) of the Settlement Act.
9. Pursuant to paragraph 27.4 of the Gila River Agreement, the
Arizona State legislature and the Governor of Arizona have determined
that the appropriate and commensurate contribution from the State of
Arizona is the State's recognition of the Community's interest in
acquiring and placing into trust status a parcel located within the
exterior boundaries of the Community's reservation and the State's
willingness to cooperate in this effort, together with the firming of
15,000 acre-feet of non-Indian agricultural priority CAP water to the
equivalent of municipal and industrial priority water.
10. Pursuant to subparagraph 16.9 of the Gila River Agreement, the
Salt River Project has paid $500,000 to the Community.
11. The judgments and decrees attached to the Gila River Agreement
as exhibits 25.18A (Gila River adjudication proceedings) and 25.18B
(Globe Equity Decree proceedings) have been approved by the respective
courts.
12. The dismissals attached to the Gila River Agreement as exhibits
25.17.1A and B, 25.17.2, and 25.17.3A and B have been filed with the
respective courts and any necessary dismissal orders have been entered.
13. The State of Arizona has enacted legislation to implement the
Southside Replenishment Program in accordance with subparagraph 5.3 of
the Gila River Agreement; to authorize the firming program required by
section 105 of AWSA; and to establish the Upper Gila River Watershed
Maintenance Program in accordance with subparagraph 26.8.1 of the Gila
River Agreement.
14. The State of Arizona, through the Arizona Water Banking
Authority, has entered into an agreement with the Secretary to carry
out the obligation of the State to firm CAP agricultural priority water
to municipal and industrial priority water under section 105(b)(2)(A)
of AWSA.
15. Final judgment has been entered in Central Arizona Water
Conservation District v. United States (No. CIV 95-
[[Page 71145]]
625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC) (Consolidated Action) in
accordance with the repayment stipulation in that case.
Dated: December 10, 2007.
Dirk Kempthorne,
Secretary of the Interior.
[FR Doc. E7-24257 Filed 12-13-07; 8:45 am]
BILLING CODE 4310-MN-P
