[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64096-64101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24552]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Review of Existing Coordinated Long-Range Operating Criteria for 
Colorado River Reservoirs (Operating Criteria)

AGENCY: Bureau of Reclamation (Reclamation), Interior.

ACTION: Notice of proposed decision regarding the operating criteria 
and announcement of public consultation meeting.

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SUMMARY: The purpose of this action is to provide notice of a public 
consultation meeting. In addition, based on information submitted for 
review by the Department of the Interior, Reclamation is proposing that 
the Secretary of the Interior (Secretary) make a number of identified 
modifications to the text of the Operating Criteria developed pursuant 
to Section 602 of the Colorado River Basin Project Act of 1968. The 
bases for the proposed changes are: (1) Specific changes in Federal law 
applicable to the Operating Criteria, (2) language in the current text 
of the Operating Criteria that is outdated, and (3) specific 
modifications to Article IV(b) of the Operating Criteria that reflect 
actual operating experience.

DATES: To receive input on the proposed decision regarding specific 
limited changes to the Operating criteria, Reclamation will conduct a 
public consultation meeting in Henderson, Nevada. The meeting will be 
held at the following time and location:
    <bullet> November 19, 2004--9 a.m. to 1 p.m. at the Henderson 
Convention Center, 200 South Water Street, Henderson, Nevada.
    All comments relevant to the proposed decision should be received 
no later than December 6, 2004.

ADDRESSES: Interested parties should send comments or questions to: 
Regional Director, Attention: BCOO-4600, Bureau of Reclamation, Lower 
Colorado Region, P.O. Box 61470, Boulder City, Nevada 89006-1470.

FOR FURTHER INFORMATION CONTACT: Jayne Harkins, Bureau of Reclamation, 
Lower Colorado Region, P.O. Box 61470, Boulder City, Nevada 89006-1470; 
telephone (702) 293-8411; faxogram (702) 293-8614; e-mail: 
<a href="/cdn-cgi/l/email-protection#fc96949d8e9795928fbc909fd2898f9e8ed29b938a"><span class="__cf_email__" data-cfemail="ea80828b9881838499aa8689c49f998898c48d859c">[email protected]</span></a>; or Tom Ryan, Bureau of Reclamation, Upper 
Colorado Region, 125 South State Street, Room 6107, Salt Lake City, 
Utah 84138-1147; telephone (801) 524-3732; faxogram (801) 524-5499; e-
mail: <a href="/cdn-cgi/l/email-protection#aedadcd7cfc0eedbcd80dbddccdc80c9c1d8"><span class="__cf_email__" data-cfemail="96e2e4eff7f8d6e3f5b8e3e5f4e4b8f1f9e0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The public review process began with a 
Federal Register Notice published on January 15, 2002, announcing the 
sixth review of the Operating Criteria and inviting comments regarding 
whether the Operating Criteria should be modified, and if so, how they 
should be modified. The January 15, 2002, Notice provided for a comment 
period that ended on March 18, 2002. On March 6, 2002, a second Notice 
was published in the Federal Register extending the comment period to 
March 29, 2002, and inviting public feedback on whether or not 
Reclamation should conduct a public meeting to solicit comments as part 
of the sixth review of the Operating Criteria. A letter was then sent 
to all interested parties, tribes, and stakeholders on March 7, 2002, 
that included copies of both Federal Register Notices and the Operating 
Criteria.
    On June 27, 2002, a Fact Sheet providing information on the 
Operating Criteria, scope of the review process, public participation, 
timeline for the review process, and contact information was sent to 
all interested parties and stakeholders. In addition to the Fact Sheet, 
Reclamation set up a Web site (http://www.usbr.gov/lc/region/g4000/lroc) for the sixth review of the Operating Criteria that contained 
further information on the review, copies of all comment letters 
received, and links to technical documents Reclamation felt would be 
useful during the review process.
    Detailed written comments were received from 16 interested parties 
providing Reclamation with numerous issues, comments, and concerns 
regarding possible changes to the Operating Criteria. The comment 
letters were posted on the Operating Criteria Web site in May 2002 and 
have been reviewed by Reclamation for identification and analysis of 
the issues.
    As required by Federal law, formal consultation with the 
representatives of the seven Basin States, and with members of the 
general public, was conducted during this review of the

[[Page 64097]]

Operating Criteria. The January 15, 2002, Federal Register Notice 
stated that open public meetings would be conducted as part of this 
review, and in the March 6, 2002, Federal Register Notice, Reclamation 
asked for comments on whether or not a public meeting should be held. 
At the end of the comment period (March 29, 2002), several of those who 
provided comments stated that a public meeting to solicit comments on 
the need to revise the Operating Criteria was not needed. Accordingly, 
Reclamation did not conduct a public meeting at that point in the 
review process. However, pursuant to this Federal Register Notice, a 
public consultation meeting will be conducted on November 19, 2004, 
allowing interested parties and the general public an opportunity to 
provide comments on the proposed changes to the Operating Criteria 
identified in this Federal Register Notice. This meeting will be 
considered a consultation with the States, interested parties, and 
stakeholders, as well as government-to-government consultation with 
tribal representatives.
    Following analysis of any additional comments received as a result 
of this Notice, any proposed Federal action will be evaluated by 
Reclamation to determine the applicability of National Environmental 
Policy Act compliance. A final Secretarial decision regarding this 
five-year review will be published in the Federal Register.

Public Disclosure

    It is Reclamation's practice 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, which we will honor to the extent allowable by law. There 
also may be circumstances in which we would withhold a respondent's 
identify from public disclosure, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. 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.
    Background: The Operating Criteria, promulgated pursuant to Section 
602 of the 1968 Colorado River Basin Project Act (Pub. L. 90-537), were 
published in the Federal Register on June 10, 1970 (35 FR 8951). In 
order to comply with and carry out the provisions of the Colorado River 
Compact, the Upper Colorado River Basin Compact, and the Mexican Water 
Treaty, the Operating Criteria provide for the coordinated long-range 
operation of the reservoirs constructed and operated under the 
authority of the Colorado River Storage Project Act and the Boulder 
Canyon Project Act.
    The Operating Criteria state that the Secretary will sponsor a 
formal review of the Operating Criteria at least every five years with 
participation by Colorado River Basin State representatives as each 
Governor may designate and other parties and agencies as the Secretary 
may deem appropriate. As required by Pub. L. 102-575 (the Grand Canyon 
Protection Act of 1992), the Secretary also consults in this review 
process with the general public including representatives of academic 
and scientific communities, environmental organizations, the recreation 
industry, and contractors for the purchase of federal power produced at 
Glen Canyon Dam.
    Previous reviews of the Operating Criteria were conducted in 1975, 
1980, 1985, 1990, and 1995. These reviews did not propose any changes 
to the Operating Criteria. Prior to 1990, reviews were conducted 
primarily through meetings with and correspondence among 
representatives of the seven Basin States and Reclamation. Because the 
long-range operation of the Colorado River Reservoirs is important to 
many agencies and individuals, in 1990, through an active public 
involvement process, Reclamation expanded the review of the Operating 
Criteria to include all interested stakeholders. A team consisting of 
Reclamation staff from Salt Lake City, Utah, and Boulder City, Nevada, 
was organized to conduct the 1995 review. For this review, Reclamation 
staff from Boulder City and Salt Lake City followed a similar public 
process.
    The scope of the review has been consistent with the statutory 
purposes of the Operating Criteria which are ``to comply with and carry 
out the provisions of the Colorado River Compact, Upper Colorado River 
Basin Compact, and Mexican Water Treaty'' 43 U.S.C. 1552(a). Long-range 
operations generally refer to the planning of reservoir operations over 
several decades, as opposed to the Annual Operating Plan which details 
specific reservoir operations for the next operating year, as required 
by 43 U.S.C. 1552(b).
    Proposed Modifications to the Operating Criteria: As a result of 
this review, Reclamation is proposing the following modifications to 
the Operating Criteria (additions are shown with highlighted text and 
deletions are shown with a line):
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    Proposed Decision: The Department of the Interior has considered 
the comments received during this review of the Operating Criteria. 
After a careful review of the comments received, solicitation of public 
review to Reclamation's responses, and consultation with the Governor's 
representatives of the seven Basin States, Reclamation is proposing 
that the Secretary of the Interior make a number of identified 
modifications to the text of the Operating Criteria. The bases for the 
proposed changes are (1) specific changes in Federal law applicable to 
the Operating Criteria, (2) language in the current text of the 
Operating Criteria that is outdated, and (3) specific modifications to 
Article IV(b) of the Operating Criteria that reflect actual operating 
experience.

    Dated: September 28, 2004.
William E. Rinne,
Deputy Commissioner, Bureau of Reclamation.
[FR Doc. 04-24552 Filed 11-2-04; 8:45 am]
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