Reclamation Bureau – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Reclamation (Reclamation, we) intends to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB): Recreation Use Data Report, OMB Control Number 1006-0002. As part of its continuing effort to reduce paperwork and respondent burdens, Reclamation invites State and local governmental entities that manage recreation sites at Reclamation projects; concessionaires, subconcessionaires, and not-for- profit organizations who operate concessions on Reclamation lands; and the general public, to comment on this information collection.

The Bureau of Reclamation (Reclamation), as the National Environmental Policy Act Federal lead agency, and the Contra Costa Water District (CCWD), as the California Environmental Quality Act State lead agency, have made available for public review and comment the Los Vaqueros Reservoir Expansion Project Draft EIS/ EIR. The Draft EIS/EIR describes and presents the environmental effects of the No-Action Alternative and four action alternatives. Five public hearings will be held to receive comments from individuals and organizations on the Draft EIS/EIR.

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.

Reclamation is issuing this interim final rule to establish programmatic criteria for the Reclamation Rural Water Supply Program (Rural Water Supply Program), including criteria governing prioritization, eligibility, and the evaluation of appraisal investigations and feasibility studies. Title I of the Reclamation Rural Water Supply Act of 2006, Public Law 109-451 (Act), authorized Reclamation to establish the Rural Water Supply Program and requires publication of programmatic criteria in the Federal Register. This rule is intended to define for potential participants how the Rural Water Supply Program authorized by the Act will be administered.

Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation, the lead Federal agency, and the Sacramento Area Flood Control Agency (SAFCA), acting as the lead State agency, will prepare a joint EIS/EIR for the proposed Folsom Dam Safety of Dams MIAD Modification (Proposed Action). The purpose of the Proposed Action is to reduce the seismic and static risk of failure of MIAD. In this way, Reclamation will achieve the existing standards for dam safety and reduce the risk of injury to those people living and working downstream of the Folsom Dam complex.

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): Individual Landholder's and Farm Operator's Certification and Reporting Forms for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428, OMB Control Number: 1006-0005. 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.

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): Forms to Determine Compliance by Certain Landholders, 43 CFR part 426, OMB Control Number: 1006-0023. We request your comments on the proposed Reclamation Reform Act of 1982 (RRA) forms and specific aspects of the information collection.

The Bureau of Reclamation (Reclamation) proposes this rule establishing eligibility criteria and program requirements for loan guarantees authorized by the Twenty-first Century Water Works Act (Title II of Pub. L. 109-451; 43 U.S.C. 2421-2434) (Act). This rule is intended to define for potential participants how the loan guarantees authorized by the Act will be administered. The Act authorizes the Secretary of the Interior (Secretary) to make loan guarantees for three categories of projects: Category (A) projects are rural water supply projects as defined in section 102(9) of the Reclamation Rural Water Supply Act of 2006 (Title I of Pub. L. 109-451; 43 U.S.C.2401-2409) (Rural Water Supply Act of 2006); A category (B) project is an extraordinary operation and maintenance activity for, or the rehabilitation or replacement of, a facility that is authorized by Federal reclamation laws and constructed by the United States under such law; or in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or A category (C) project is an improvement to water infrastructure directly associated with a reclamation project that, based on a determination of the Secretary improves water management; and fulfills other Federal goals. For purposes of this rule, these will be referred to as category (A), (B), or (C) projects. The Act provides that, subject to the availability of appropriations, the Secretary of the Interior may provide loan guarantees for eligible projects. The Act requires the Secretary to develop criteria for determining the eligibility of a project for financial assistance, and to publish them in the Federal Register. The intent of this rulemaking is to meet this requirement, as well as to define for potential participants how the loan guarantee will be administered. Reclamation will administer the program. Reclamation will take into account the comments on this rule in developing final regulations. Reclamation recognizes that the rule will be modified in the future to more specifically address category (A) projects and to address modifications in administration as a result of experience gained through the first requests.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Reclamation (Reclamation, we) intends to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB): Right-of-Use Application (Form 7-2540), OMB Control Number: 1006-0003. Title 43 CFR part 429 requires that applicants for certain uses of Bureau of Reclamation land apply using Form 7-2540. We request your comments on specific aspects of the revised Right-of-Use Application Form.

Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation) and the California Department of Water Resources (DWR) intend to prepare an EIS/EIR for the Franks Tract Project. Reclamation is the lead Federal agency under NEPA and DWR is the lead State agency under CEQA for preparation of the EIS/EIR. The Franks Tract Project is designed to address water quality and fish protection issues in the central and southern Sacramento-San Joaquin River Delta (Delta). The project would consist of the construction of barriers around Franks Tract to prevent salinity intrusion and the movement of sensitive fish species into the central and southern Delta.

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.

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.

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.

The Adaptive Management Program (AMP) was implemented as a result of the Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to comply with consultation requirements of the Grand Canyon Protection Act (Pub. L. 102-575) of 1992. The AMP includes a federal advisory committee (AMWG), a technical work group (TWG), a monitoring and research center, and independent review panels. The AMWG makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam consistent with the Grand Canyon Protection Act. The TWG is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. Dates and Addresses: The AMWG will conduct the following meeting: Date: Thursday, May 22, 2008. The meeting will begin at 9:15 a.m. and conclude at 5 p.m. on the first day and will begin at 8 a.m. and conclude at 2 p.m. on the second day. The meeting will be held at the Bureau of Indian Affairs, 2 Arizona Center, 400 N. 5th Street, 12th Floor, Conference Rooms A&B, in Phoenix, Arizona. Agenda: The purpose of the meeting will be for the AMWG to receive updates and discuss the following items: (1) Preliminary results from the March 2008 high flow experiment, (2) humpback chub comprehensive plan and recovery plan updates, (3) science symposium planning, (4) 2008 fiscal year expenditures, (5) draft 2009 fiscal year budget, (6) AMP strategic plan revision, (7) next steps for AMP experiments, and (8) other subjects of AMP administration. To view a copy of the draft agenda, please visit Reclamation's Web site at: https://www.usbr.gov/uc/ rm/amp/amwg/mtgs/08may22/. Time will be allowed for any individual or organization wishing to make formal oral comments at the meeting. To allow for full consideration of information by the AMWG members, written notice must be provided to Dennis Kubly, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah, 84138; telephone 801-524-3715; facsimile 801-524-3858; e-mail at dkubly@uc.usbr.gov at least five (5) days prior to the call. Any written comments received will be provided to the AMWG members.

The Bureau of Reclamation (Reclamation), together with the Bureau of Land Management (BLM) and the National Park Service (NPS) as cooperating agencies, is preparing an EIS pursuant to the National Environmental Policy Act to evaluate the effects of the South Valley Facilities Expansion (SVFE) Project (Project), as proposed by the Southern Nevada Water Authority (SNWA). The SNWA has applied for temporary and permanent rights-of-way to construct water treatment and conveyance facilities on public land administered by Reclamation, BLM, and NPS in Clark County, Nevada.

In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the Bureau of Reclamation is issuing public notice of its intent to amend 22 existing Privacy Act system of records notices to add a new routine use to authorize the disclosure of records to individuals involved in responding to a breach of Federal data.