[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Notices]
[Pages 31835-31836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12814]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Operations and Maintenance of the Flathead Indian 
Irrigation Project Upon Transfer

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of intent and public scoping meeting.

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SUMMARY: This notice advises the public that the Bureau of Indian 
Affairs (BIA) intends to gather information necessary for preparing an 
Environmental Impact Statement (EIS) for the proposed operations and 
maintenance of the Flathead Indian Irrigation project upon transfer. 
This notice also announces public meetings to determine the scope of 
issues to be addressed in the EIS.
    The purpose of this notice is to obtain suggestions and information 
from other agencies and the public on the scope of issues to be 
addressed in the EIS. Comments and participation in this scoping 
process are encouraged.

DATES: Comments on the scope and implementation of this proposal must 
be received before July 31, 2004. The meeting dates are:
    1. June 28, 2004, from 6:30 p.m. to 9 p.m., Arlee, Montana.
    2. June 30, 2004, from 6:30 p.m. to 9 p.m., Ronan, Montana.

ADDRESSES: Mail or hand deliver written comments to Mr. Jeffery Loman, 
Chief, Natural Resources Division, Office of Trust Services, Bureau of 
Indian Affairs, Mail Stop-3061, 1849 C Street, NW., Washington, DC 
20240. You may also fax comments to Chief, Natural Resources, at (202) 
219-0006 or (202) 219-1255.
    The first meeting will be held at the Confederated Salish and 
Kootenai Arlee Community Center, Arlee, Montana.
    The second meeting will be held at the Ronan High School Gymnasium, 
Ronan, Montana.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffery Loman, (202) 208-7373.

SUPPLEMENTARY INFORMATION: The Flathead Indian Irrigation Project 
(Project) is located on the Flathead Indian Reservation in northwestern 
Montana. The Secretary of the Interior (Secretary) is required to 
transfer the operations and maintenance of the Project as provided by 
the 1908 Act of May 29, 1908, Public Law 60-156, 35 Stat. 441 (1908) 
(the 1908 Act) and the 1948 Act of May 25, 1948, Public Law 80-554, 62 
Stat. 269 (1948) (the 1948 Act).
    In 1904, the Flathead Indian Allotment Act authorized allotments of 
land within the Flathead Indian Reservation to members of the 
Confederated Salish and Kootenai tribes (``tribes'') and construction 
of the Flathead Indian Irrigation Project for ``the benefit of 
Indians'' on the Flathead Indian Reservation. 33 Stat. 302. When this 
Act was amended in 1908, it also authorized the construction of 
irrigation systems to serve homesteaded lands within the Flathead 
Indian Reservation and provided for turnover of the operation and 
maintenance of irrigation works to non-Indian lands served by the 
Project when certain Project construction repayment conditions had been 
met. 35 Stat. 450. Further, upon turn over of the project, the 1948 Act 
called for the operation and

[[Page 31836]]

maintenance of the Project under rules and regulations approved by the 
Secretary.
    As of August of 2002, there were 134,788 total acres in the 
project; 127,535 of which were assessed acres, with 7,252 designated as 
temporarily non-assessed acres. Approximately 10 percent of the 
project's irrigated lands are held in trust by the United States for 
the benefit of individual Indian landowners and for the Confederated 
Salish and Kootenai tribes. Trust land totals 11,771 acres, while land 
in fee status totals 115,764 acres. The primary source of the water for 
the Project originates from the Mission Mountains which border the east 
side of the reservation. Project facilities include 17 major storage 
reservoirs, 1,300 miles of canals and laterals and more than 10,000 
structures. The project is divided into the Mission, Post, Pablo, 
Camas, and Jocko divisions. Primary irrigated crops are hay and 
alfalfa, grains, potatoes, canola, and some fruit orchards.
    Currently, the Bureau of Indian Affairs Flathead Agency 
Superintendent is the Officer in Charge of the Project and administers 
activities through the Irrigation Systems Manager. The Irrigation 
Systems Manager supervises the operation and maintenance of the Project 
works.
    Non-Indian irrigation interests are represented by three irrigation 
districts, the Flathead Irrigation District, the Mission Irrigation 
District, and the Jocko Valley Irrigation District. These Districts 
signed repayment contracts with the United States in 1928, 1931, and 
1934 respectively, and are collectively represented by the Flathead 
Joint Board of Control (FJBC), which is chartered under state law and 
represents only owners of fee lands. Individual Indians and the tribes 
that irrigate lands held in trust by the United States are statutorily 
excluded from representation by the FJBC.
    Repayment of Project construction conditions were fulfilled in 
early January 2004. The Bureau of Indian Affairs, the tribes and the 
FJBC are developing proposed standard operating procedures for the 
Project and are proposing to contract the management of the Project 
under a Cooperating Management Entity, made up of representatives from 
the FJBC and the tribes with BIA providing oversight functions and 
maintaining its traditional role as trustee.
    The Bureau of Indian Affairs has been delegated the responsibility 
to serve as the Lead Agency for National Environmental Policy Act 
compliance in connection with the proposed operations and maintenance 
of the Flathead Indian Irrigation project upon transfer. Issues to be 
addressed in the environmental analysis include, but are not limited 
to, irrigation and farming, rights-of-ways, treaty-protected fisheries, 
aquatic habitat, biological resources, wildlife habitat, and Indian 
traditional and cultural properties and resources.
    Alternatives to the proposed operations and maintenance of the 
project to be examined in the EIS may include a variety of measures, 
such as various Project management control structures, certain 
operating and maintenance methods or procedures, system rehabilitation, 
and alternative water delivery regimes. The range of environmental 
issues and alternatives will be further developed based upon comments 
received during the scoping process.

    Authority: This notice is published in accordance with section 
1501.7, Council on Environmental Quality Regulations (40 CFR parts 
1500 through 1508) implementing the procedural requirements of the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.) and the Department of the Interior Manual (516 DM 1.6) 
and is within in the exercise of authority delegated to the 
Assistant Secretary--Indian Affairs by 209 DM 8.l.

    Dated: May 27, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 04-12814 Filed 6-4-04; 8:45 am]
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