[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Notices]
[Pages 54273-54274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26950]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Availability of the Draft Environmental Impact 
Statement for the Proposed Truckee River Water Quality Settlement 
Agreement, Federal Water Rights Acquisition Program, for Washoe, 
Storey, and Lyon Counties, NV

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice provides the public with supplemental information, 
and announces public hearings to receive comments on a draft 
Environmental Impact Statement (DEIS) for the Truckee River Water 
Quality Settlement Agreement, Federal Water Rights Acquisition Program, 
that the Bureau of Indian Affairs filed with the Environmental 
Protection Agency (EPA). The EPA published its notice of availability 
for the DEIS on Friday, October 5, 2001, in the Federal Register (66 FR 
51036). This DEIS analyzes the potential impacts of implementing the 
provisions of the Truckee River Water Quality Settlement Agreement 
(WQSA), signed in 1996 by the U.S. Department of Justice (DOJ), U.S. 
EPA, U.S. Department of the Interior (DOI), Nevada Division of 
Environmental Protection (NDEP), Washoe County, Nevada , City of Reno, 
Nevada, City of Sparks, Nevada and the Pyramid Lake Paiute Tribe 
(Tribe).

DATES: Written comments on the DEIS must arrive by December 3, 2001. 
The public hearings will be held from 5 to 8 p.m. on Tuesday, November 
27, 2001, Wednesday, November 28, 2001, and Friday, November 30, 2001.

ADDRESSES: You may mail or hand carry written comments to Steve Alcorn, 
Bureau of Reclamation, Lahontan Basin Area Office, 705 North Plaza 
Street, Room 320, Carson City, Nevada 89701; or Tom Strekal, Bureau of 
Indian Affairs, Western Nevada Agency, 1677 Hot Springs Road, Carson 
City, Nevada 89706.
    The November 27, 2001, public hearing will be in the Fernley City 
Complex, 595 Silver Lace Boulevard, Fernley, Nevada. The November 28, 
2001, public hearing will be in the Pyramid Lake Tribal Council 
Chambers, 208 Capital Hill (Highway 447), Nixon, Nevada. The November 
30, 2001, public hearing will be in the Sparks City Council Chambers, 
431 Prater Way, Sparks, Nevada.
    To obtain a copy the DEIS, you may contact Steve Alcorn or Tom 
Strekal at the respective addresses provided above. Copies of the DEIS 
are also available for review at these addresses, as well as at the 
following locations: Bureau of Indian Affairs, Western Regional Office, 
400 North 5th Street, Two Arizona Center, Phoenix, Arizona; Washoe 
County Public Library, 301 South Center Street, Reno, Nevada; Fernley 
City Hall, 595 Silver Lace Blvd., Fernley, Nevada; and Pyramid Lake 
Tribe Water Resources Office, 208 Capital Hill, Nixon, Nevada. In 
addition, the DEIS is available electronically on the BIA Internet Web 
site at http://phxao.az.bia.gov/branches/environment/eis/htm.

FOR FURTHER INFORMATION CONTACT: Steve Alcorn, 775-882-3436, or Tom 
Strekal, 775-887-3500.

SUPPLEMENTARY INFORMATION: On October 10, 1996, DOJ, EPA, and DOI 
joined NDEP, Washoe County, Reno, Sparks, and the Tribe in signing 
WQSA. This agreement resulted in dismissal of litigation brought by the 
Tribe against Reno, Sparks, the State of Nevada, and the United States 
over approval and operation of the Truckee Meadows Wastewater 
Reclamation Facility (TMWRF), owned jointly by Reno and Sparks. WQSA 
establishes a joint program to improve Truckee River water quality by 
increasing flows in the river through the purchase and dedication of 
Truckee River water rights for instream flow. WQSA also provides for 
the use of treatment plant effluent in place of river water for certain 
purposes.
    WQSA grew from negotiations among the signatory parties during 
1994-1995 to resolve litigation in a mutually agreeable manner. DOI, 
EPA, NDEP, and the Tribe had concerns about the quality and quantity of 
water in the lower Truckee River downstream from Reno and Sparks, as 
well as the water flowing to Pyramid Lake. Reno, Sparks, and Washoe 
County were concerned about those issues as well, but were primarily 
focused on securing permits to expand TMWRF while achieving water 
quality standards in the Truckee River with their discharge. Public 
scoping meetings for this project were held in Reno, Carson City, 
Fallon and Fernley, Nevada, in September 1995, and in Reno, Fallon and 
Fernley, Nevada, in March 1997.
    Non-point sources of water pollution, such as agricultural return 
flows and urban runoff, as well as point sources, such as effluent from 
TMWRF, affect Truckee River water quality. Violations of the Federal 
Clean Water Act's dissolved oxygen standard (minimum of 5 mg/l) occur 
in the lower river as a consequence of algae production

[[Page 54274]]

stimulated by high concentrations of total dissolved solids, nitrogen 
and phosphorus. This condition is exacerbated during periods of low 
flow.
    WQSA is an effort to address Truckee River water quality conditions 
by directly increasing river flow during the period of the year 
characterized by low flow. WQSA obligates the United States to allocate 
$12 million to acquire Truckee River water rights for water quality 
purposes. Whenever possible, water associated with the exercise of such 
rights will be stored in Truckee River reservoirs managed by BOR. 
Stored water-quality water is anticipated to be released primarily 
during periods of low flow (normally July, August and September). The 
resulting flow augmentation is expected to increase the nutrient 
assimilative capacity of the Truckee River and to dilute pollutants.
    BIA, the U.S. Fish and Wildlife Service and BOR will be responsible 
for implementing the federal commitments identified in WQSA. Federal 
funds for this program have been fully appropriated by Congress and are 
managed by BIA. Accordingly, BIA is the lead agency in preparing this 
DEIS. BIA has contracted the acquisition program with the Tribe and the 
Tribe has, in turn, subcontracted with a broker to acquire water 
rights. Water rights acquired using federal money pursuant to WQSA are 
expected to be held in trust by the United States for the Tribe.

Public Comment Solicitation

    Comments, including names and home addresses of respondents, will 
be available for public review at the Bureau of Reclamation office 
mailing address shown in the ADDRESSES section during regular business 
hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. 
Individual respondents may request confidentiality. If you wish us to 
withhold your name and/or address from public review or from disclosure 
under the Freedom of Information Act, you must state this prominently 
at the beginning of your written comment. Such requests will be honored 
to the extent allowed by law. We will not, however, consider anonymous 
comments. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
inspection in their entirety.

Authority

    This notice is published in accordance with 1503.1 of the 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 in the exercise 
of authority delegated to the Assistant Secretary--Indian Affairs by 
209 DM 8.1.

    Dated: October 9, 2001.
Neal A. McCaleb,
Assistant Secretary,--Indian Affairs.
[FR Doc. 01-26950 Filed 10-25-01; 8:45 am]
BILLING CODE 4310-02-P