Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 64871 

public record. Before including your 

address, phone number, email address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: Reclamation collects 

agency-wide recreation and concession 

information to fulfill congressional 

reporting requirements pursuant to 

current public laws, including the 

Federal Water Project Recreation Act (16 

U.S.C. 460I), and the Federal Lands 

Recreation Enhancement Act (16 U.S.C. 

87). In addition, collected information 

will permit relevant program 

assessments of resources managed by 

Reclamation, its recreation managing 

partners, and/or concessionaires for the 

purpose of contributing to the 

implementation of Reclamation’s 

mission. More specifically, the collected 

information enables Reclamation to (1) 

evaluate the effectiveness of program 

management based on existing 

recreation and concessionaire resources 

and facilities, and (2) validate the 

efficiency of resources for public use 

within partner managed recreation 

resources, located on Reclamation 

project lands in the 17 Western States. 

Title of Collection: Recreation Use 

Data Report. 

OMB Control Number: 1006–0002. 

Form Number: Form 7–2534— 

Recreation Use Data Report. 

Type of Review: Revision of a 

currently approved collection. 

Respondents/Affected Public: State, 

local, or tribal governments; agencies 

who manager Reclamation’s recreation 

resources and facilities; and commercial 

concessions, subconcessionaires, and 

nonprofit organizations located on 

Reclamation lands with associated 

recreation services. 

Total Estimated Number of Annual 

Respondents: 212. 

Total Estimated Number of Annual 

Responses: 212. 

Estimated Completion Time per 

Response: 40 minutes. 

Total Estimated Number of Annual 

Burden Hours: 141 hours. 

Respondent’s Obligation: Mandatory. 

Frequency of Collection: Annually. 

Total Estimated Annual Nonhour 

Burden Cost: 0. 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Karl Stock, 

Acting Director, Policy and Administration. 

[FR Doc. 2018–27360 Filed 12–17–18; 8:45 am] 

BILLING CODE 4332–90–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

[RR04651000, 19XR0680G1, 

RX.08605001.1000000] 

Hydroelectric Power Development at 

Silver Jack Dam, Bostwick Park 

Project, Colorado 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of intent to accept 

proposals, select lessee, and contract for 

hydroelectric power development at 

Silver Jack Dam. 

SUMMARY: Current Federal policy allows 

non-Federal development of electrical 

power resource potential on Federal 

water resource projects. The Bureau of 

Reclamation (Reclamation) will 

consider proposals for non-Federal 

development of hydroelectric power at 

Silver Jack Dam, a feature of the 

Bostwick Park Project, located in 

Colorado. Reclamation is considering 

such hydroelectric power development 

under a Lease of Power Privilege. No 

Federal funds will be available for such 

hydroelectric power development. 

DATES: A written proposal and seven 

copies must be submitted on or before 

4:00 p.m. (MDT) May 17, 2019. A 

proposal will be considered timely only 

if it is received in the office of the Area 

Manager on or before 4:00 p.m. on the 

designated date. Interested entities are 

cautioned that delayed delivery to this 

office due to failures or 

misunderstandings of the entity and/or 

of mail, overnight, or courier services 

will not excuse lateness and, 

accordingly, are advised to provide 

sufficient time for delivery. Late 

proposals will not be considered. 

ADDRESSES: Send written proposals to 

Mr. Ed Warner, Area Manager, Western 

Colorado Area Office, Bureau of 

Reclamation, 445 West Gunnison 

Avenue, Suite 221, Grand Junction, 

Colorado 81501–5711, telephone (970) 

248–0600. 

FOR FURTHER INFORMATION CONTACT: 

Technical data, including past water 

release patterns, may be obtained by 

contacting Mr. Ryan Christianson, Water 

Management Group Chief, Western 

Colorado Area Office, Bureau of 

Reclamation, 445 West Gunnison 

Avenue, Suite 221, Grand Junction, 

Colorado 81501, telephone (970) 248– 

0652. Reclamation will be available to 

meet with interested entities only upon 

written request to the Water 

Management Group Chief at the above 

cited address. Reclamation will provide 

an opportunity for a site visit. In 

addition, Reclamation reserves the right 

to schedule a single meeting and/or visit 

to address the questions of all entities 

that have submitted questions or 

requested site visits. Information related 

to the operation and maintenance 

(O&M) of Silver Jack Dam may be 

obtained by contacting Mr. Allen Distel, 

Bostwick Park Water Conservancy 

District, 400 South 3rd Street, Montrose, 

Colorado 81402, telephone (970) 249– 

8707. 

SUPPLEMENTARY INFORMATION: The 

Bostwick Park Project is a Federal 

Reclamation project. This Notice 

presents background information, 

proposal content guidelines, and 

information concerning selection of a 

non-Federal entity to develop 

hydroelectric power at Silver Jack Dam, 

and power purchasing and/or marketing 

considerations. Interested parties will 

not need to file an application with the 

Federal Energy Regulatory Commission. 

To be considered for selection, the 

applicant’s proposed Lease of Power 

Privilege (LOPP) project must not 

impair the efficiency of Reclamation 

project power or water deliveries, 

impact the structural integrity of the 

project, jeopardize public safety, or 

negatively affect any other Reclamation 

project purposes. 

The Bostwick Park Project, located 

near the town of Montrose in westcentral Colorado on the Cimarron River 

in the Colorado River Basin, was 

authorized for construction (including 

hydropower) by the Colorado River 

Basin Project Act of September 2, 1964 

(Pub. L. 88–568), as a participating 

project under the Colorado River 

Storage Project Act of April 11, 1956 

(Pub. L. 84–485). The Bostwick Park 

Water Conservancy District (District), 

under its contracts with the United 

States, has certain operation, 

maintenance, replacement, and 

repayment responsibilities and 

obligations concerning Silver Jack Dam. 

Reclamation is considering 

hydroelectric power development at 

Silver Jack Dam under a LOPP. A LOPP 

is an alternative to development under 

a license from the Federal Energy 

Regulatory Commission. A LOPP is a 

contractual right given to a non-Federal 


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64872 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 

entity to use a Reclamation facility for 

electric power generation consistent 

with Reclamation project purposes. 

Leases of power privilege have terms 

not to exceed 40 years. The general 

authority for LOPP under Reclamation 

law includes, among others, the Town 

Sites and Power Development Act of 

1906 (43 U.S.C. Sec. 522), and the 

Reclamation Project Act of 1939 (43 

U.S.C. 485h(c)) (1939 Act). 

Reclamation will be the lead Federal 

agency for ensuring compliance with 

the National Environmental Policy Act 

(NEPA) of any LOPP considered in 

response to this Notice. Reclamation 

will also lead necessary consultation 

with American Indian Tribal 

Governments and compliance with the 

National Historic Preservation Act 

(NHPA), Endangered Species Act (ESA), 

and other related environmental 

regulations for all elements of the 

proposed project. 

LOPPs may be issued only when 

Reclamation has determined that NEPA 

and any other regulatory compliance 

requirements are completed. Any LOPP 

at Silver Jack Dam must accommodate 

existing contractual and environmental 

commitments related to O&M of such 

existing facilities. The lessee (i.e., 

successful proposing entity) will be 

required to enter into a contract with 

Reclamation. This contract will (1) 

address requirements related to 

coordination of operations and 

maintenance with Bostwick Park Project 

stakeholders (including the District) and 

(2) stipulate that the LOPP lessee will be 

responsible for any increase in 

operations or maintenance costs that are 

attributable to the hydroelectric power 

development. 

All costs incurred by the United 

States related to development and O&M 

under a LOPP, including NEPA and 

other environmental regulatory 

compliance, engineering reviews, and 

development of the LOPP, would be the 

expense of the lessee. In addition, the 

lessee would be required to make 

annual payments to the United States 

for the use of a Federal facility at a rate 

of 3 mills per kilowatt-hour of 

generation. If conditions provide 

opportunity for substantial benefits to 

accrue to the lessee, then the United 

States will benefit proportionally. 

Under the LOPP, provisions will be 

included for the mill rate to increase 

each year commensurate with inflation 

based on the average of the previous 5 

years of the Gross Domestic Product 

(GDP) Price Deflator. If the 5-year GDP 

Price Deflator average shows no change 

or deflation, the LOPP rate will remain 

the same as the previous year’s rate. The 

rate of increase of the 5-year GDP Price 

Deflator average will be capped at 5 

percent. Such annual payments to the 

United States would be deposited as a 

credit to the Upper Colorado River 

Basin Fund, and are applied against the 

total outstanding reimbursable 

repayment obligation for reimbursable 

project construction costs of the Federal 

project, on which the LOPP is issued, 

pursuant to the existing construction 

cost allocation (not applied only against 

power construction costs). 

Proposal Content Guidelines 

Interested parties should submit 

proposals explaining in as precise detail 

as is practicable how the hydropower 

potential would be developed. 

Minimum factors by which a proposal 

will be scored and criteria evaluated 

include the following: 

(a) Anticipated contractual 

arrangements with the District for the 

Bostwick Park Project feature(s) that are 

proposed for utilization in the 

hydropower development under 

consideration. Define how the 

hydropower development would 

operate in harmony with the multiple 

purposes of the Bostwick Park Project 

and existing applicable contracts related 

to O&M of Bostwick Park Project 

feature(s) being considered for 

modification. 

(b) Information regarding whether the 

applicant qualifies as a preference 

entity. If the proposal is made by a 

group of entities or by a subdivision of 

an entity, then the application must 

explain whether and why the applicant 

or applicants qualify as preference 

entities. The term ‘‘preference entity,’’ 

as applied to a LOPP, means an entity 

qualifying for preference under Section 

9c of the 1939 Act as a municipality, 

public corporation or agency, or 

cooperative or other nonprofit 

organization financed in whole or in 

part by loans made pursuant to the 

Rural Electrification Act of 1936, as 

amended. 

(c) Information relevant to the 

qualifications of the proposing entity to 

plan and implement such a project, 

including but not limited to: Type of 

organization; length of time in business; 

experience in funding, design, and 

construction of similar projects; 

industry rating(s) that indicate financial 

soundness and/or technical and 

managerial capability; experience of key 

management personnel; history of any 

reorganizations or mergers with other 

companies; and any other information 

that demonstrates the interested entity’s 

organizational, technical, and financial 

ability to perform all aspects of the 

work. Proposals will include a 

discussion of past experience in 

developing, operating, and maintaining 

similar facilities and provide references 

as appropriate. 

(d) Geographical locations and 

descriptions of principal structures and 

other important features of the proposed 

development including roads and 

transmission lines. Proposals must 

estimate and describe installed capacity 

and the capacity of the power facilities 

under dry, average, and wet 

hydrological conditions. Proposals must 

also describe the daily, weekly, 

monthly, and annual pattern of 

expected generation under average, wet, 

and dry hydrological conditions; the 

ability of generation to provide ancillary 

services such as regulation, spinning 

reserves, and voltampere reactive 

support; and information on the 

reliability of the generation, potential 

maintenance outage schedule, and 

duration. If capacity and energy can be 

delivered to another location, either by 

the proposing entity or by potential 

third party transmission agents, the 

proposal must specify where that 

capacity and energy can be delivered. 

The proposal must describe the 

concepts and contractual arrangements 

(including the involved parties) related 

to transmission interconnection, power 

sales, and the proposed approach to 

third party transmission if required. 

(e) Existing title arrangements or a 

description of the ability to acquire title 

to or the right to occupy and use lands 

necessary for the proposed LOPP 

project, including such additional lands 

as may be required during construction. 

(f) A description of studies necessary 

to adequately define impacts of the 

proposed LOPP project on the Bostwick 

Park Project, historic properties (if such 

are present), and the environment. The 

proposal must describe any significant 

environmental issues associated with 

the proposed LOPP project and the 

proposing entity’s approach for 

gathering relevant data and resolving 

such issues to protect and enhance the 

quality of the environment. The 

proposal will explain any proposed use 

of the LOPP project for conservation and 

utilization of the available water 

resources in the public interest. 

(g) Plans for assuming liability for 

damage to the operational and structural 

integrity of the Bostwick Park Project 

caused by construction, operation, and/ 

or maintenance of the hydropower 

development. 

(h) Identify the organizational 

structure planned for the long-term 

O&M of any proposed hydropower 

development. 

(i) A management plan, including 

schedules of these activities as 

applicable, to accomplish activities such 


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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 64873 

as planning; NEPA compliance; NHPA 

compliance; ESA compliance; necessary 

studies; LOPP project development; 

design, construction, safety plan, and 

facility testing; and the start of 

hydropower production. 

(j) An estimate of development costs. 

These costs will include all investment 

costs such as the cost of studies to 

determine feasibility; NEPA 

compliance; NHPA compliance; ESA 

compliance; other statutory compliance; 

design; construction; financing as well 

as the amortized annual cost of the 

investment; annual O&M expense for 

the hydropower development; lease 

payments to the United States; expenses 

associated with the Reclamation project; 

and anticipated return on investment. If 

there are additional transmission 

expenses associated with the 

development of the LOPP project, these 

expenses must also be included. The 

proposal must identify proposed 

methods of financing the LOPP project. 

The proposal must include an economic 

analysis that compares the present 

worth of all benefits and costs of the 

hydropower development. 

Selection of Lessee 

Reclamation will evaluate proposals 

received in response to this published 

Notice. Reclamation may request 

additional information from individual 

proposing entities and/or all proposing 

entities after proposals are submitted, 

but prior to making a selection of a 

lessee. 

Reclamation will give more favorable 

consideration to proposals that (1) 

responsibly develop hydropower; (2) 

avoid, reduce, or minimize 

environmental impacts; (3) clearly 

demonstrate that the offeror is qualified 

to develop the hydropower facility and 

provide for long-term O&M; and (4) best 

share the economic benefits of the 

hydropower development among parties 

(including the United States) to the 

LOPP. A proposal will be deemed 

unacceptable if it is inconsistent with 

Bostwick Park Project purposes, as 

determined by Reclamation. 

Reclamation will give preference to 

those entities that qualify as preference 

entities, as defined under Proposal 

Content Guidelines, item (b) of this 

Notice, provided that they are well 

qualified to develop and provide for 

long-term O&M of the hydropower 

facility. If one applicant is a preference 

entity and the other is not, and the 

preference entity’s proposed plans are 

not as well qualified as the nonpreference entity’s plans, Reclamation 

will inform the preference entity of the 

specific reasons why its plans are not as 

well qualified and afford up to 30 

calendar days for the preference entity 

to render its plans at least as well 

qualified as the other plans. All other 

applicants will be informed of this 

action. If the plans of the preference 

entity are rendered at least as well 

qualified within the time allowed, 

Reclamation will favor the preference 

entity. If the preference entity’s plans 

are not rendered at least as well 

qualified within the time allowed, 

Reclamation will favor the other 

applicant. 

Notice and Time Period To Enter Into 

LOPP 

Reclamation will notify, in writing, all 

entities submitting proposals of 

Reclamation’s decision regarding 

selection of the potential lessee. The 

selected potential lessee will be 

provided a maximum of 24 months from 

the date of selection to sign the 

preliminary lease, complete the 

requirements set forth in the 

preliminary lease, and to sign the LOPP. 

The lessee will have a maximum of 1 

year from the date of the execution of 

the LOPP to complete final designs, 

specifications, etc., and an additional 1 

year to begin construction. A maximum 

of 4 years is allowed, from the date of 

the preliminary lease to the beginning of 

construction. Maximum timeframes for 

construction will be determined by the 

Upper Colorado Regional Director. The 

above timeframes will only be extended 

for just cause resulting from actions 

and/or circumstances that are beyond 

the control of Reclamation or the lessee. 

Just cause and timeframe adjustments 

will be determined solely by the Upper 

Colorado Regional Director. 

Dated: October 24, 2018. 

Brent Rhees, 

Regional Director, Upper Colorado Region. 

[FR Doc. 2018–27299 Filed 12–17–18; 8:45 am] 

BILLING CODE 4332–90–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

[RR83550000, 190R5065C6, 

RX.59389832.1009676] 

Quarterly Status Report of Water 

Service, Repayment, and Other WaterRelated Contract Actions 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of contract actions. 

SUMMARY: Notice is hereby given of 

contractual actions that have been 

proposed to the Bureau of Reclamation 

(Reclamation) and are new, 

discontinued, or completed since the 

last publication of this notice. This 

notice is one of a variety of means used 

to inform the public about proposed 

contractual actions for capital recovery 

and management of project resources 

and facilities consistent with section 9(f) 

of the Reclamation Project Act of 1939. 

Additional announcements of 

individual contract actions may be 

published in the Federal Register and in 

newspapers of general circulation in the 

areas determined by Reclamation to be 

affected by the proposed action. 

ADDRESSES: The identity of the 

approving officer and other information 

pertaining to a specific contract 

proposal may be obtained by calling or 

writing the appropriate regional office at 

the address and telephone number given 

for each region in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Kelly, Reclamation Law 

Administration Division, Bureau of 

Reclamation, P.O. Box 25007, Denver, 

Colorado 80225–0007; telephone 303– 

445–2888. 

SUPPLEMENTARY INFORMATION: Consistent 

with section 9(f) of the Reclamation 

Project Act of 1939, and the rules and 

regulations published in 52 FR 11954, 

April 13, 1987 (43 CFR 426.22), 

Reclamation will publish notice of 

proposed or amendatory contract 

actions for any contract for the delivery 

of project water for authorized uses in 

newspapers of general circulation in the 

affected area at least 60 days prior to 

contract execution. Announcements 

may be in the form of news releases, 

legal notices, official letters, 

memorandums, or other forms of 

written material. Meetings, workshops, 

and/or hearings may also be used, as 

appropriate, to provide local publicity. 

The public participation procedures do 

not apply to proposed contracts for the 

sale of surplus or interim irrigation 

water for a term of 1 year or less. Either 

of the contracting parties may invite the 

public to observe contract proceedings. 

All public participation procedures will 

be coordinated with those involved in 

complying with the National 

Environmental Policy Act. Pursuant to 

the ‘‘Final Revised Public Participation 

Procedures’’ for water resource-related 

contract negotiations, published in 47 

FR 7763, February 22, 1982, a tabulation 

is provided of all proposed contractual 

actions in each of the five Reclamation 

regions. When contract negotiations are 

completed, and prior to execution, each 

proposed contract form must be 

approved by the Secretary of the 

Interior, or pursuant to delegated or 

redelegated authority, the Commissioner 

of Reclamation or one of the regional 


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