Bureau of Reclamation – Federal Register Recent Federal Regulation Documents

The Bureau of Reclamation is publishing this rule to comply with the requirements of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. The Settlement Act requires that the operating agreement negotiated with the States of California and Nevada for the operation of Truckee River Reservoirs (the five Federal reservoirs in the Truckee River basin) be promulgated as a Federal Regulation.

Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation and are new, modified, discontinued, or completed since the last publication of this notice on August 12, 2008. 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. 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.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation) intends to prepare an Environmental Impact Statement (EIS) on the proposed Minidoka Dam Spillway Replacement. Alternatives currently being considered are No Action as required under NEPA, total replacement of the spillway and headgate structures, or replacement of just the spillway. Reclamation is requesting early public comment and agency input to help identify significant issues or other alternatives to be addressed in the EIS. Information obtained during the scoping period will help in developing information to be included in the EIS. A draft EIS is expected to be provided to the public for review by winter, 2009 followed by opportunities to provide written and oral comments. The final EIS is scheduled for completion in winter, 2010. A Record of Decision, describing which alternative is selected for implementation, and the rationale for its selection, would then be issued following a 30-day waiting period.

The Bureau of Reclamation is announcing a 62-day extension of the public comment period for the Windy Gap Firming Project Draft Environmental Impact Statement. The originally announced comment period ends on October 28, 2008, but has been extended until December 29, 2008. The original Notice of Availability of the Draft Environmental Impact Statement (Draft EIS) and Announcement of Public Hearings was published in the Federal Register (73 FR 50999) on August 29, 2008.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Bureau of Reclamation (we, our, or us) intends to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB): Certification Summary Form, Reporting Summary Form for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428, OMB Control Number: 1006-0006. This information collection is required under the Reclamation Reform Act of 1982 (RRA), Acreage Limitation Rules and Regulations, 43 CFR part 426, and Information Requirements for Certain Farm Operations In Excess of 960 Acres and the Eligibility of Certain Formerly Excess Land, 43 CFR part 428. We request your comments on the revised RRA forms and specific aspects of the information collection.

The Department of the Interior (DOI) is issuing public notice of its intent to establish a system of records in its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). The Department is also issuing notice of its intent to exempt the system from specific Privacy Act requirements, as described within the section titled ``Exemptions claimed for the system.'' The system of records is called InteriorWBR-50, Reclamation Law Enforcement Management Information System (RLEMIS).

The Bureau of Reclamation is extending the review period for the DEIS to October 31, 2008. The notice of availability of the DEIS was published in the Federal Register on July 28, 2008 (73 FR 43785). The public review period was originally to end on September 26, 2008.

The Bureau of Reclamation (Reclamation) will begin charging a recreation user fee to take the guided tour of Glen Canyon Dam and Powerplant. Reclamation has determined that the new fee is reasonable and appropriate to specifically offset at least, in part, increased costs associated with public visitation to the Carl Hayden Visitor Center. The Visitor Center, located 700 feet above the Colorado River overlooking Glen Canyon Dam and Bridge, accommodates about one million visitors each year. The Visitor Center is jointly operated by Reclamation and the National Park Service. The new fee will initially be $5.00 per adult with a reduced fee schedule for certain groups as follows: seniors (age 62 and over) will be $4.00, children ages 7-16 will be $2.50, members of the U.S. military will be $4.00, and school groups will be $0.50 per person. There will be no fee charged for children six years of age and under. These fees will be reviewed and adjusted, as appropriate, in subsequent years.

The Colorado River Basin Salinity Control Advisory Council (Council) was established by the Colorado River Basin Salinity Control Act of 1974 (Pub. L. 93-320) (Act) to receive reports and advise federal agencies on implementing the Act. In accordance with the Federal Advisory Committee Act, the Bureau of Reclamation announces that the Council will meet as detailed below.

This final rule will amend the regulations that govern public access to and conduct on Bureau of Reclamation (Reclamation) facilities, lands, and waterbodies. This action is necessary to clarify rules that are intended to maintain law and order and protect persons and property on Reclamation facilities, lands, and waterbodies. This action will help the public better understand their rights and responsibilities.

The Bureau of Reclamation is proposing this rule to comply with the requirements of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. The Settlement Act requires that the operating agreement negotiated with the States of California and Nevada for the operation of Truckee River Reservoirs (the five Federal reservoirs in the Truckee River basin) be promulgated as a Federal Regulation.

Pursuant to the National Environmental Policy Act and the California Environmental Quality Act, the Bureau of Reclamation (Reclamation) and the Santa Clara Valley Water District, in coordination with the San Luis and Delta Mendota Water Authority, intend to prepare an EIS/EIR for the San Luis Low Point Improvement Project (Low Point Project). Reclamation is the lead Federal agency and Santa Clara Valley Water District is the lead State agency for preparation of the EIS/EIR. The Low Point Project is designed to address water supply reliability issues in San Luis Reservoir associated with conditions occurring in summer months when water levels are low. During this time, reservoir-wide growth of algae makes the water unsuitable for certain agricultural and municipal and industrial users in the San Felipe Division with existing treatment facilities (also known as the ``low point issue'').

The Bureau of Reclamation (Reclamation), under the National Environmental Policy Act of 1969, is announcing the opportunity to provide additional comments on the water quality analysis portion of the Draft EIS. The original 60-day comment period for the Draft EIS was scheduled to end on April 26, 2008 but was extended to June 13, 2008. Comments received during this period expressed a concern about the section addressing water quality analysis. In order to address these comments, an additional water quality analysis is being prepared for the Draft EIS. This analysis will augment and reinforce the existing analysis for the Draft EIS. Reclamation will continue to receive comments on the existing water quality portion of the Draft EIS while the additional analysis is performed.

The Bureau of Reclamation (Reclamation) is the National Environmental Policy Act (NEPA) Federal lead agency and the Cachuma Operation and Maintenance Board (COMB) is the California Environmental Quality Act (CEQA) State lead agency. Together, these agencies have made available for public review and comment the draft EIS/EIR. The South Coast Conduit (SCC)/Upper Reach Project involves installation of a second water pipeline for improving water supply reliability to Cachuma Project (CP) and State Water Project (SWP) customers on the south coast of Santa Barbara County. This draft EIS/ EIR addresses changes to the physical, natural, and human environment that would occur as a result of installing and operating the second pipeline.

This notice is published in accordance with section 9(a)(2) of the Federal Advisory Committee Act of 1972 (Pub. L. 92-463, as amended). Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior (Secretary) is renewing the charter for the Glen Canyon Dam Adaptive Management Work Group. The purpose of the Adaptive Management Work Group is to advise and to provide recommendations to the Secretary with respect to the operation of Glen Canyon Dam and the exercise of other authorities pursuant to applicable Federal law.

The Bureau of Reclamation (Reclamation), the National Environmental Policy Act Federal lead agency, and the California Department of Fish and Game (DFG), the California Environmental Quality Act State lead agency have prepared a Final EIS/EIR for the American Basin Fish Screen and Habitat Improvement Project (Project). The Project is located in northwestern Sacramento County and southern Sutter County. The Project modifies the Natomas Mutual Water Company's water diversion from the Sacramento River and distribution system, thereby avoiding and minimizing potentially adverse affects to fish, particularly juvenile anadromous fish. The Notice of Availability of the Draft EIS/EIR was published in the Federal Register on March 3, 2008 (Volume 73, No. 42). The written comment period on the Draft EIS/EIR ended May 2, 2008. The Final EIS/ EIR contains responses to all comments received and any additional information received during the review period.

The Bureau of Reclamation (Reclamation), as the National Environmental Policy Act Federal lead agency, and the California Department of Parks & Recreation (CDPR), as the California Environmental Quality Act State lead agency, have made available for public review and comment the Millerton Lake draft EIS/EIR. The draft EIS/EIR describes and presents the environmental effects of the No- Action Alternative and three (3) Action Alternatives. A public hearing will be held to receive comments from individuals and organizations on the draft EIS/EIR.

The Bureau of Reclamation (Reclamation) proposes a rule on the use of Reclamation land, facilities, and waterbodies. The proposed rule addresses among other topics the cost recovery of fees for authorized uses involving the possession or occupancy of any portion of, and the extraction or disturbance of any natural resource from Reclamation land, facilities, and waterbodies; how to apply for a use authorization including what application forms to use; and what uses are prohibited and associated consequences. When finalized, the proposed rule will supersede the current rule which was originally published in 1983 and partially revised in April 2006.

In accordance with 43 CFR 420 ``Off Road Vehicle Use'', the Bureau of Reclamation is opening a 35 acre area to off-road-vehicle (ORV) use at Belle Fourche Reservoir. The legal description of the ORV area is: T. 9 N., R. 4 E., Section 18, SE1/4 NE1/4 and NE1/4 SE1/4. The ORV area will allow Reclamation to direct and concentrate ORV use and effectively enforce elimination of unmanaged ORV use at other areas of the reservoir. The ORV area would be open to dirt bikes and 4-wheelers and other similar size vehicles but not to full size vehicles. Reclamation will provide for law enforcement patrols and inspections of the area. Regulations for the ORV area will be posted at the entrance. The perimeter will be marked by signs or fences. ORV use will only be allowed within this area. Outside of the ORV area, motorized vehicles will be restricted to established gravel or paved roads and must be legally licensed and operated by a licensed driver in accordance with South Dakota State law. The regulations for the Belle Fourche Reservoir ORV area are as follows: Requirementsvehicles: Each off-road vehicle that is operated on Reclamation lands shall meet the following requirements: (a) It shall conform to applicable State laws and vehicle registration requirements. (b) It shall be equipped with a proper muffler and spark arrestor in good working order and in constant operation. The spark arrestor must conform to Forest Service Spark Arrestor Standard 5100-1a, and there shall be no muffler cutout, bypass, or similar device. (c) It shall have adequate brakes and, for operation from dusk to dawn, working headlights and taillights. Requirementsoperators: (a) Operators shall comply with any applicable State laws pertaining to off-road vehicles. (b) Each operator of an off-road vehicle operated on Reclamation lands shall possess a valid motor vehicle operator's permit or license; or, if no permit or license is held, he/she shall be accompanied by or under the immediate supervision of a person holding a valid permit or license. (c) During the operation of snowmobiles, trail bikes, and any other off road vehicle the operator shall wear safety equipment, generally accepted or prescribed by applicable State law or local ordinance for use of the particular activity in which he/she is participating. (d) No person may operate an off-road vehicle (1) in a reckless, careless or negligent manner; (2) in excess of established speed limits; (3) while under the influence of alcohol or drugs; (4) in a manner likely to cause irreparable damage or disturbance of the land, wildlife, vegetative resources, or archeological and historic values of resources; or (5) in a manner likely to become an unreasonable nuisance to other users of Reclamation or adjacent lands.

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 March 4, 2008. 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. 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 Bureau of Reclamation (Reclamation) is the National Environmental Policy Act Federal lead agency, and the U.S. Fish and Wildlife Service (Service) and National Marine Fisheries Service (NMFS) are the Federal Cooperating Agencies. The California Department of Water Resources (DWR) is the California Environmental Quality Act State lead agency, and the California Department of Fish and Game (DFG) is the State Responsible and Trustee Agency. Together, these five agencies have prepared a Final Supplemental EIS/EIR for the Environmental Water Account (EWA). The EWA Program provides for fish protection and recovery in the San Francisco Bay/Sacramento-San Joaquin Delta (Delta) while at the same time improving water supply reliability for Central Valley Project (CVP) and State Water Project (SWP) water users. The Draft Supplemental EIS/EIR addressed changes to the regulatory and physical environment that have occurred since completion of the Final EIS/EIR in January 2004 (69 FR 3599) and the Records of Decision in March 2004 and September 2004.

Reclamation is announcing an extension of the public comment period for the Southern Delivery System DEIS. The original comment period published in the Federal Register (73 FR 11144) was scheduled to end on April 26, 2008. We are now notifying the public that Reclamation is extending the comment period to June 13, 2008. Reclamation is also announcing a public listening session that will be held in Pueblo, Colorado on May 29, 2008. We are hosting this meeting to provide an additional opportunity for the interested public to provide comments on the DEIS. Reclamation will not be responding to comments or answering questions publically at this meeting. The intent of this meeting is to listen to and record comments made by the public. All comments received on the DEIS will have corresponding responses published in the Final Environmental Impact Statement.

As required by the Federal Advisory Committee Act, notice is hereby given that the Yakima River Basin Conservation Advisory Group, Yakima River Basin Water Enhancement Project, Yakima, Washington, established by the Secretary of the Interior, will hold a public meeting. The purpose of the Conservation Advisory Group is to provide technical advice and counsel to the Secretary of the Interior and Washington State on the structure, implementation, and oversight of the Yakima River Basin Water Conservation Program.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation), the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) intend to serve as co-lead agencies in the preparation of a joint EIS/EIR for the Bay Delta Conservation Plan (BDCP). The California Department of Water Resources (DWR) will serve as the lead agency under the California Environmental Quality Act (CEQA). Reclamation will serve as the administrative lead for all actions related to this Federal Register Notice. The BDCP is a conservation plan being prepared to meet the requirements of the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the State of California's Natural Communities Conservation Planning Act (NCCPA). DWR and State and Federal water contractors intend to apply for FESA and CESA incidental take permits (ITP) for water operations and management activities in the Sacramento-San Joaquin Delta. These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from covered activities and conservation measures that will be identified through the planning process including those associated with water operations of the Federal Central Valley Project (CVP), as operated by Reclamation, the California State Water Project (SWP), as operated by DWR, as well as operations of certain Mirant Delta LLC (Mirant Delta) power plants. Additionally, the BDCP will, if feasible, be used as the basis for FESA compliance by Reclamation, including compliance with Section 7 of FESA in coordination with FWS and NMFS. Ultimately, the BDCP is intended to secure authorizations that would allow projects that restore and protect water supply and reliability, water quality, and ecosystem health to proceed within a stable regulatory framework. On January 24, 2008, FWS and NMFS issued a NOI to conduct public scoping and prepare an EIR/EIS regarding the BDCP for the Sacramento- San Joaquin Delta, California (73 FR 4178). As the BDCP effort has progressed, Reclamation has determined it has a substantive interest in the development and ultimate implementation of the BDCP. Specifically, Reclamation seeks to improve water supply reliability for its Federal water contractors, while meeting its FESA obligations. Environmental constraints, including measures to protect endangered species in the Sacramento-San Joaquin Delta, impair that water supply reliability. The BDCP will recommend actions and conservation measures for implementation to improve both environmental conditions in the Delta and water supply reliability. Reclamation expects the recommended actions and conservation measures to include activities that are within Reclamation's responsibilities. The NOI is, therefore, being reissued to include Reclamation as a co-lead agency, update the status of the BDCP planning process, correct an error in the January 24, 2008, NOI, and to provide notice of scoping meetings. As the Federal lead agencies continue to refine the purpose and need for the project, additional public notices regarding scoping will be issued and additional scoping meetings will be held.

This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972 (Pub. L. 92-463). Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior is renewing the charter for the Yakima River Basin Conservation Advisory Group (CAG). The purpose of the CAG is to provide recommendations to the Secretary of the Interior and the State of Washington on the structure and implementation of the Yakima River Basin Water Conservation Program. In consultation with the State, the Yakama Nation, Yakima River basin irrigators, and other interested and related parties, six members are appointed to serve on the CAG. The basin conservation program is structured to provide economic incentives with cooperative Federal, State, and local funding to stimulate the identification and implementation of structural and nonstructural cost-effective water conservation measures in the Yakima River basin. Improvements in the efficiency of water delivery and use will result in improved streamflows for fish and wildlife and improve the reliability of water supplies for irrigation.