[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]


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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.

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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.          
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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