[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32040]
[[Page Unknown]]
[Federal Register: December 29, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 432
RIN 1006-AA34
Fish and Wildlife Service
50 CFR Chapter I
Central Valley Project--Purposes, Uses, and Allocation of Water
Supplies
AGENCY: Department of the Interior, Bureau of Reclamation and Fish and
Wildlife Service.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Reclamation (Reclamation) and the Fish and
Wildlife Service (Service) have initiated the preparation of proposed
rules and regulations concerning implementation of certain provisions
of the Central Valley Project Improvement Act (CVPIA). The CVPIA
applies to the Central Valley Project (CVP), California, and to the use
and allocation of CVP water. Comments are invited at this time on what
the substantive content of proposed rules and regulations should be.
DATES: The deadline for receiving written comments is February 1, 1995.
ADDRESSES: Written comments should be sent to Gary Sackett, Attention:
MP-400, Mid-Pacific Region, Bureau of Reclamation, 2800 Cottage Way,
Sacramento, CA 95825.
FOR FURTHER INFORMATION CONTACT:
Ron Brockman at (916) 979-2323 or Gary Sackett at (916) 979-2317.
SUPPLEMENTARY INFORMATION: The CVPIA (Title XXXIV of P.L. 102-575, 106
Stat. 4706) provides for a number of changes in the purposes and
operation of the CVP and in the use and allocation of CVP water.
Subsection 3408(a) of the CVPIA authorizes the Secretary of the
Interior to promulgate ``* * * such regulations * * * as may be
necessary to implement the intent, purposes and provisions * * *'' of
the CVPIA. Reclamation and the Service have been authorized by the
Secretary to act on his behalf in this regard.
The Service and Reclamation published a notice in the Federal
Register, 59 FR 39316, Aug. 2, 1994, which stated that they had
tentatively concluded that the following provisions of the CVPIA should
be considered for rulemaking:
------------------------------------------------------------------------
Subsection Title
------------------------------------------------------------------------
3404(c)......... Renewal of Long-Term Contracts.
3405(a)......... Transfer of CVP Water.
3405(d)......... Water Pricing.
3405(e)......... Water Conservation Standards.
3406(b)(2)...... 800,000 Acre-Feet for Fish, Wildlife, and Habitat
Restoration.
3406(b)(22)..... Incentives to Flood Fields for Waterfowl Habitat.
3407(a)-(d)..... Restoration Fund.
3408(c)-(d)..... Exchanges, Storage, Conveyance, and Banking.
3408(h)......... Land Retirement.
3408(i)......... Cost Sharing of Water Conservation Projects.
------------------------------------------------------------------------
This notice also announced public meetings, and invited written
comment, on the questions of: (1) whether these are appropriate
provisions of the CVPIA to address through rulemaking, and (2) whether
there are other provisions of the CVPIA that should be addressed.
The public comments received have suggested that, in addition to
the above identified provisions of the CVPIA, rules and regulations
should be considered for the following seven subsections:
------------------------------------------------------------------------
Subsection Title
------------------------------------------------------------------------
3405(b)......... Water Measuring Devices.
3406(b)(1)...... Doubling Program for Anadromous Fish.
3406(b)(3)...... Supplemental Water Acquisition for Fish and Wildlife.
3406(c)(1)...... San Joaquin Comprehensive Plan.
3406(d)......... Refuge Water.
3407(e)......... Funding to Non-Federal Entities.
3408(b)......... Use of Project Power for Fish and Wildlife Purposes.
------------------------------------------------------------------------
Public comments are now invited on the questions of: (1) whether or
not these seven additional subsections should be addressed by
rulemaking, and (2) what the substance of, and specific text for, any
given provision of proposed rules and regulations should be. Since
Reclamation's previously issued Interim Guidelines for contract
renewals, water transfers, water conservation standards, the
restoration fund, and land retirement will serve as the starting point
for the development of rules and regulations pertaining to those
provisions of the CVPIA, any comments provided to Reclamation during
the development of such Interim Guidelines in 1993 and 1994 may be
resubmitted for consideration in this rulemaking in lieu of providing
new comments.
A mailing dated December 8, 1994, has been sent to all parties who
had previously asked that they receive information concerning the
implementation of the CVPIA. This mailing announced the invitation to
comment by February 1, 1995, which is set forth in this notice. That
mailing also summarized the public comments received to date. If you
would like a copy of this mailing, contact the persons identified at
the beginning of this notice.
After considering all comments received and all other pertinent
information, a proposed rule will be published in the Federal Register
for public comment. To the extent, if any, that this rulemaking
requires compliance with the National Environmental Policy Act of 1969
(NEPA), such compliance will be coordinated with the completion and
issuance of the Programmatic Environmental Impact Statement (PEIS)
which is being prepared pursuant to Section 3409 of the CVPIA and with
such other NEPA compliance activities, if any, as may need to be
completed subsequent to the finalization of the PEIS. Any final
rulemaking shall occur no earlier than the preparation and
dissemination of the Record of Decision associated with the PEIS.
Dated: December 21, 1994.
Franklin E. Dimick,
Assistant Regional Director, Mid-Pacific Region, U.S. Bureau of
Reclamation.
Dated: December 21, 1994.
H. Dale Hall,
Assistant Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-32040 Filed 12-28-94; 8:45 am]
BILLING CODE 4310-94-M