Bureau of Reclamation – Federal Register Recent Federal Regulation Documents

The Bureau of Reclamation, as the National Environmental Policy Act Federal lead agency, has made available for public review and comment the Delta-Mendota Canal/California Aqueduct Intertie (Intertie) Draft EIS. The Intertie is a proposed action in the August 2000 CALFED Bay-Delta Program Programmatic Record of Decision. The Intertie Draft EIS evaluates constructing and operating a pipeline connecting the Delta-Mendota Canal (DMC) and the California Aqueduct. The purpose of the Proposed Action is to improve the DMC conveyance conditions that restrict the CVP Jones Pumping Plant to less than its authorized pumping capacity of 4,600 cubic feet per second. The Draft EIS describes and presents the environmental effects of the No-Action Alternative and three action alternatives. Two public hearings will be held to receive comments from agencies, individuals, and organizations on the Draft EIS.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), the Bureau of Reclamation (Reclamation) has completed the Equus Beds Aquifer Recharge and Recovery Project Draft EIS. It is now available for public review and comment. The Draft EIS describes the development and environmental effects of two alternatives: (1) A no action alternative; and (2) an action alternative that meets the project purpose and need.

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 April 10, 2009. 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. In addition, notice is hereby given of contractual actions for extraordinary maintenance and replacement pursuant to the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). 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.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces the Bureau of Reclamation (we, our, or us) has forwarded the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval: Certification Summary Form, Reporting Summary Form for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428, OMB Control Number: 1006-0006. This ICR 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. The ICR describes the nature of the information collection and its expected cost and burden.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Reclamation (Reclamation, we) has forwarded the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval: Rural Water Supply Act, OMB Control Number: 1006-0029. Title 43 CFR part 404 requires entities interested in participating in the Rural Water Supply Program (Rural Water Program) to submit information to allow Reclamation to evaluate and prioritize requests for financial or technical assistance.

Current Federal policy encourages non-Federal development of electrical power resource potential on Federal water resource projects. The Department of the Interior, acting through the Bureau of Reclamation (Reclamation) will consider proposals for non-Federal development of hydroelectric power at Carter Lake Dam Outlet of the C- BTP, Colorado. Reclamation is considering such hydroelectric power development under a lease of power privilege. No Federal funds will be available for such hydroelectric power development. The Western Area Power Administration (Western) would have the first opportunity to purchase and/or market the power that would be generated by such development under a lease of power privilege. The C-BTP is a Reclamation project. This Notice presents background information, proposal content guidelines, information concerning selection of one or more non-Federal entities to develop hydroelectric power at Carter Lake Dam Outlet, and power purchasing and/or marketing considerations. Interested entities are invited to submit a proposal on this project.

The Bureau of Reclamation's Central California Area Office (CCAO) at Lake Berryessa will temporarily change public use at Oak Shores Day Use Area. After 50 years, concession contracts have expired and recreational opportunities provided at four closed resorts are no longer available. Until such time as new contracts can be awarded, Reclamation will provide a change from day use to overnight camping at this area. The North End of Oak Shores will be converted from day use only to overnight camping with up to 100 sites. Camping will be considered semi-primitive and will provide potable water spigots, restroom facilities, fire rings, picnic tables and some shade shelters. This change in use will serve to enhance public safety, provide additional public recreational services while providing for and protection of cultural and natural resources.

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.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, as amended, the Bureau of Reclamation (Reclamation) proposes to prepare an Environmental Impact Statement (EIS) on the Cle Elum Dam Fish Passage Facilities and Fish Re-Introduction Project. The Washington State Department of Ecology (Ecology) will be a joint lead with Reclamation in the preparation of this EIS, which will also be used to comply with requirements of the Washington State Environmental Policy Act (SEPA).

The following Water Management Plans are available for review: Banta-Carbona Irrigation District Fresno Irrigation District Westlands Water District To meet the requirements of the Central Valley Project Improvement Act of 1992 (CVPIA) and the Reclamation Reform Act of 1982, the Bureau of Reclamation (Reclamation) developed and published the Criteria for Evaluating Water Management Plans (Criteria). For the purpose of this announcement, Water Management Plans (Plans) are considered the same as Water Conservation Plans. The above entities have developed a Plan, which Reclamation has evaluated and preliminarily determined to meet the requirements of these Criteria. Reclamation is publishing this notice in order to allow the public to review the plans and comment on the preliminary determinations. Public comment on Reclamation's preliminary (i.e., draft) determination is invited at this time.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Reclamation (Reclamation) has forwarded the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval: Lower Colorado River Well Inventory, OMB Control Number: 1006-0014.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Fish and Wildlife Service (FWS), the Bureau of Reclamation (Reclamation), and the National Marine Fisheries Service (NMFS) will 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), which requires the preparation of the EIR component of the EIS/EIR. FWS will serve as the administrative lead for all actions related to this Federal Register Notice (Notice). The Federal co-lead agencies have requested that the U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) participate in the EIS/EIR as cooperating agencies for the purposes of their regulatory programs. The Corps and EPA have indicated that they will participate in such a role. This Notice revises and updates the Notices of April 15, 2008 and January 24, 2008. In these previous Notices the description of the proposed action and possible alternatives were preliminary in nature and relied upon initial BDCP planning documents which describe the overall intent and direction of potential actions. Following publication of these previous Notices, preliminary scoping comments were submitted in writing and provided at preliminary scoping meetings. Some of the scoping comments indicated that more detailed descriptions of the proposed actions and alternatives are needed to allow specific comments on the range of alternatives and issues and levels of detail to be considered in the analyses of environmental consequences. Public comments received during this scoping period plus the previous two preliminary scoping periods will be considered during the preparation of the EIS/EIR. Comments submitted in response to the previous notices will be considered and do not need to be resubmitted. The BDCP is a conservation plan being prepared to meet the requirements of the federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), and the State of California's Natural Communities Conservation Planning Act (NCCPA). DWR (and potentially State and Federal water contractors) intends to apply for ESA 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, if feasible, the BDCP will be used as the basis for ESA compliance by Reclamation, including compliance with Section 7 of ESA in coordination with FWS and NMFS. Ultimately, the BDCP is intended to secure authorizations that would allow projects that restore and protect water supplies, water quality, and ecosystem health to proceed within a stable regulatory framework.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Reclamation (Reclamation, we) has forwarded the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval: Use Authorization Application (Form 7-2540), OMB Control Number: 1006-0003. Title 43 CFR part 429 requires that applicants for certain uses of Reclamation land, facilities, and waterbodies apply using Form 7-2540. We request your comments on specific aspects of the revised Use Authorization Application Form.

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 of 1969 (NEPA), the Bureau of Reclamation (Reclamation), is notifying the public that Reclamation, in cooperation with the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Bureau of Land Management, and U.S. Fish and Wildlife Service, has prepared and made available to the public a final environmental impact statement (Final EIS) for the proposed Southern Delivery System (SDS) project. The non- federal Project Participants (City of Colorado Springs, City of Fountain, Security Water District, and Pueblo West Metropolitan District) have made a request to Reclamation to issue long term excess capacity, conveyance, and exchange contracts for the use of Fryingpan- Arkansas Project facilities. Reclamation needs to decide if the requested contracts will be issued. The Project Participants' purpose is to provide a safe, reliable, and sustainable water supply for their customers through the foreseeable future. The Project Participants' needs are the following: The Project Participants have a need to use developed and undeveloped water supplies to meet most or all projected future demands through 2046. The Project Participants have a need to develop additional water storage, delivery, and treatment capacity to provide system redundancy. The Project Participants have a need to perfect and deliver their existing Arkansas Basin water rights. Reclamation published a Draft EIS on February 29, 2008. Reclamation published a Supplemental Information Report on October 3, 2008 to update and provide additional information that was not in the Draft EIS. Revisions were made to the Final EIS to incorporate additional analyses presented in the Supplemental Information Report, and responses to comments on the Draft EIS and Supplemental Information Report. The Final EIS includes written responses to all public comments on both the Draft EIS and Supplemental Information Report. It also identifies the Participants' Proposed Action as Reclamation's preferred alternative.

This final rule reissues 43 CFR part 423 in its entirety. Amendments to 43 CFR part 423 were published in the Federal Register on September 24, 2008, (73 FR 54977) as an interim final rule. This final rule contains only minor additional changes which we are making in response to the public comments received on the September 24, 2008 interim final rule.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), the Bureau of Reclamation (Reclamation) is notifying the public that Reclamation has prepared a Final EIS on Water Treatment for the Northwest Area Water Supply Project (Project). The proposed action is to construct a biota water treatment plant for the Project to treat the source water from Lake Sakakawea before it is delivered into the Hudson Bay basin. The Final EIS provides information and analyses related to four water treatment alternatives that would further reduce the risk of a Project-related biological invasion from the Missouri River basin into the Hudson Bay basin. Reclamation published a Draft EIS on December 21, 2007. The public comment period continued through March 26, 2008. Revisions were made in the Final EIS to incorporate responses to comments and identify the preferred alternative and the associated cost estimate. However, these revisions do not significantly impact the analysis or results presented in the Draft EIS. The Final EIS includes written responses to all public comments on the Draft EIS.

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.