[Federal Register: January 2, 2003 (Volume 68, Number 1)]

[Notices] 

[Page 128]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02ja03-90] 

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Notice of Availability for Public Comment of the Draft Decision 

on Implementation of Section 3406(b)(2) of the Central Valley Project 

Improvement Act (CVPIA) (Hereinafter Draft (b)(2) Decision), Central 

Valley Project (CVP), California

AGENCY: Bureau of Reclamation and Fish and Wildlife Service, Department 

of the Interior.

ACTION: Notice of Availability for public comment.

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SUMMARY: CVPIA Section 3406(b)(2) authorized and directed the Secretary 

to dedicate and manage annually eight hundred thousand (800,000) acrefeet of Central Valley Project yield for the primary purpose of 

implementing the fish, wildlife, and habitat restoration purposes and 

measures authorized by CVPIA; to assist the State of California in its 

efforts to protect the waters of the San Francisco Bay/Sacramento San 

Joaquin Delta Estuary; and to help to meet such obligations as may be 

legally imposed upon the Central Valley Project under State or Federal 

law following the date of enactment of CVPIA, including but not limited 

to additional obligations under the Federal Endangered Species Act.

 The U.S. Department of the Interior through the U.S. Bureau of 

Reclamation (Reclamation) and the U.S. Fish and Wildlife Service has 

developed the Draft (b)(2) Decision to implement CVPIA

 Section 3406(b)(2). Public comment on the Draft (b)(2) Decision is 

invited at this time.

DATES: Submit written comments on the Draft (b)(2) Decision on or 

before February 3, 2003.

ADDRESSES: Copies of the Draft (b)(2) Decision may be retrieved from 

the Web site at http://www.usbr.gov/mp/cvpia/3406b2/index.html. Copies 

may also be requested by contacting Public Affairs at (916) 978-5102 or 
via her email address , or by writing her at the 

below address.

 Written comments on the Draft (b)(2) Decision should be addressed 

to the Bureau of Reclamation, Attention: Public Affairs, MP-140, 2800 

Cottage Way, Sacramento, CA 95825.

FOR FURTHER INFORMATION CONTACT: For additional information, please 

contact Public Affairs at (916) 978-5102, or e-mail .

SUPPLEMENTARY INFORMATION: We are inviting the public to comment on 

Interior's Draft (b)(2) Decision. Interior has been dedicating and 

managing water pursuant to Section 3406(b)(2) beginning in 1993, the 

first water year following passage of the CVPIA. Since enactment of the 

statute, Interior has pursued ways to utilize (b)(2) water in 

conjunction with reoperation and water acquisitions to meet the goals 

of the CVPIA. Through this decision, Interior seeks to exercise 

Secretarial discretion to implement Section 3406(b)(2) in accordance 

with the language of CVPIA, the intent of Congress, as well as to make 

this decision consistent with the rulings of the District Court in San 

Luis & Delta Mendota Water Authority, et al v. United States, (CIV F 

97-6140 OWW DLB) ((b)(2) litigation). This decision incorporates parts 

of the October 5, 1999, Final Decision upheld by the District Court, 

modifies others and adds new components. The intent of these changes is 

to simplify and clarify the accounting process for (b)(2) uses and to 

integrate its dedication and management with CVP operations for other 

CVP purposes.

 Our practice is to make comments, including names and home 

addresses of respondents, available for public review. Individual 

respondents may request that we withhold their home address from public 

disclosure, and we will honor such requests to the extent allowed by 

law. There also may be circumstances in which we would withhold a 

respondent's identity from public disclosure, as allowed by law. If you 

wish Interior to withhold your name and/or address, you must state this 

prominently at the beginning of your comments. We will make all 

submissions from organizations or businesses, and from individuals 

identifying themselves as representatives or officials of organizations 

or businesses, available for public disclosure in their entirety.

 Dated: December 12, 2002.

Kirk C. Rodgers,

Regional Director, Mid-Pacific Region.

[FR Doc. 02-33111 Filed 12-31-02; 8:45 am]

BILLING CODE 4310-MN-P