Statement of Findings: Choctaw Nation of Oklahoma and the Chickasaw Nation Water Rights Settlement, 14699-14700 [2024-04013]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14699-14700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04013]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[245D0102DM DS600000 DLSN00000.000000 DX6CS25]


Statement of Findings: Choctaw Nation of Oklahoma and the 
Chickasaw Nation Water Rights Settlement

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: The Secretary of the Interior (Secretary) is publishing this 
notice in accordance with the Choctaw Nation of Oklahoma and the 
Chickasaw Nation Water Rights Settlement (Settlement Act). The 
publication of this notice causes the settlement agreement executed in 
accordance with the Settlement Act to become enforceable and causes 
waivers and releases of claims executed pursuant to the Settlement Act 
to become effective.

DATES: This notice is applicable February 28, 2024.

FOR FURTHER INFORMATION CONTACT: Address all comments and requests for 
additional information to Sarah LeFlore, Chair, Choctaw-Chickasaw 
Settlement Implementation Team, Secretary's Indian Water Rights Office, 
1849 C St. NW, Mail Stop 3045, Washington, DC

[[Page 14700]]

20240, (202) 208-5436, [email protected].

SUPPLEMENTARY INFORMATION: The Settlement Act, Public Law 114-322, was 
enacted to resolve certain claims to water of the Choctaw Nation of 
Oklahoma (Choctaw Nation) and the Chickasaw Nation as set forth in the 
State of Oklahoma, Choctaw Nation, Chickasaw Nation, City of Oklahoma 
City Water Settlement Agreement (Settlement Agreement) and the 
Settlement Act, including all claims or defenses in and to Chickasaw 
Nation and Choctaw Nation of Oklahoma v. Fallin, et al., Case No. CIV 
11-927-G (W.D. Okla.) and Oklahoma Water Resources Board v. United 
States, et al., Case No. CIV 12-275-G (W.D. Okla.). The Settlement 
Parties include the Choctaw Nation, Chickasaw Nation, State of Oklahoma 
(State, including the Oklahoma Water Resources Board (OWRB)), City of 
Oklahoma City (City), Oklahoma City Water Utilities Trust (Trust), and 
the United States.
    The Settlement Act and Settlement Agreement, inter alia, recognize 
and protect the Chickasaw Nation and Choctaw Nation's respective 
existing water uses and also provides procedures for expanded water 
uses in the future; create mechanisms by which the Nations will 
participate in the OWRB's consideration of certain applications to 
appropriate water within their historic treaty territories; and resolve 
certain issues related to Sardis Reservoir. Although section 3608(i)(2) 
of the Settlement Act established September 30, 2020 as the original 
deadline by which the findings herein were to be certified, the 
Settlement Parties twice extended the deadline pursuant to section 
3608(i)(4) of the Settlement Act. The current deadline for this 
certification runs until March 31, 2024.

Statement of Findings

    In accordance with section 3608(i)(1) of the Settlement Act and 
section 4.1 of the Settlement Agreement, I find and certify as follows:
    (1) To the extent the Settlement Agreement conflicts with the 
Settlement Act, the Settlement Agreement has been amended to conform 
with the Settlement Act;
    (2) The Settlement Agreement, as amended, has been executed by the 
Secretary of the Interior, the Choctaw Nation, the Chickasaw Nation, 
the Governor and Attorney General of the State, the OWRB, the City, and 
the Trust;
    (3) The Amended Storage Contract has been amended to conform with 
the Settlement Act;
    (4) The Amended Storage Contract, as amended to conform with the 
Settlement Act, has been executed by the State, the City, and the 
Trust, and approved by the Secretary of the Army;
    (5) An order has been entered in United States v. Oklahoma Water 
Resources Board, Case No. Civ. 98-C-521-E with any modifications to the 
order dated September 11, 2009, as provided in the Settlement Act;
    (6) Orders of dismissal have been entered in Chickasaw Nation and 
Choctaw Nation of Oklahoma v. Fallin, et al., Case No. CIV 11-927-G 
(W.D. Okla.) and Oklahoma Water Resources Board v. United States, et 
al., Case No. CIV 12-275-G (W.D. Okla.) as provided in the Settlement 
Agreement;
    (7) The OWRB has issued the City Permit;
    (8) The final documentation of the Kiamichi Basin hydrologic model 
is on file at the Oklahoma City office of the OWRB;
    (9) The Atoka and Sardis Conservation Projects Fund has been funded 
as provided in the Settlement Agreement; and,
    (10) The Chickasaw Nation, Choctaw Nation, and United States have 
executed the required waivers and releases of claims as required by the 
Settlement Act and Settlement Agreement.

Deb Haaland,
Secretary of the Interior.
[FR Doc. 2024-04013 Filed 2-27-24; 8:45 am]
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