37884 Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices 

the individual turbines to the offshore 

substations, substation interconnector 

cables linking the substations to each 

other, offshore export cables, an onshore 

export cable system, 2 onshore 

substations, and connections to the 

existing electrical grid in New Jersey. 

The WTGs and offshore substations, 

inter-array cables, and substation 

interconnector cables would be located 

on the OCS approximately 13 nautical 

miles (15 statute miles) southeast of 

Atlantic City, New Jersey, within the 

area defined by Renewable Energy Lease 

OCS–A 0498 (Lease Area). The offshore 

export cables would be buried below the 

seabed surface in the OCS and State of 

New Jersey owned submerged lands. 

The onshore export cables, substations, 

and grid connections would be located 

in Ocean County and Cape May County, 

New Jersey. 

Alternatives: BOEM considered 26 

alternatives when preparing the DEIS 

and carried forward 6 alternatives for 

further analysis in the DEIS. These six 

alternatives include five action 

alternatives and the no action 

alternative. Twenty alternatives were 

rejected because they did not meet the 

purpose and need for the proposed 

action or did not meet screening criteria, 

which are presented in DEIS appendix 

C. The screening criteria included 

consistency with law and regulations; 

technical and economic feasibility; 

environmental impact; and geographic 

considerations. 

Availability of the DEIS: The DEIS, 

Ocean Wind 1 COP, and associated 

information are available on BOEM’s 

website at: https://www.boem.gov/ 

renewable-energy/state-activities/oceanwind-1. BOEM has distributed digital 

copies of the DEIS to all parties listed 

in DEIS appendix K, which also 

includes the location of all libraries 

receiving a copy. If you require a flash 

drive or paper copy, BOEM will provide 

one upon request, as long as copies are 

available. You may request a flash drive 

or paper copy of the DEIS by calling 

(703) 787–1520. 

Cooperating Agencies: The following 

nine Federal agencies and State 

governmental entities participated as 

cooperating agencies in the preparation 

of the DEIS: Bureau of Safety and 

Environmental Enforcement; U.S. 

Environmental Protection Agency; 

National Marine Fisheries Service; U.S. 

Army Corps of Engineers; U.S. Coast 

Guard; U.S. Fish and Wildlife Service, 

Department of Defense; New Jersey 

Department of Environmental 

Protection; and New York State 

Department of State. The National Park 

Service participated as a participating 

agency. 

Information on Submitting 

Comments: BOEM does not consider 

anonymous comments. Please include 

your name and address as part of your 

comment. BOEM makes all comments, 

including the names and addresses of 

respondents, available for public review 

online and during regular business 

hours. Individual respondents may 

request that BOEM withhold their 

names, addresses, or any other personal 

identifiable information (PII) included 

in their comment from the public 

record; however, BOEM cannot 

guarantee that it will be able to do so. 

If you wish your name, address, or other 

PII to be withheld, you must state your 

request prominently in a cover letter 

and explain the harm that you fear from 

its disclosure such as unwarranted 

privacy invasion, embarrassment, or 

injury. 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: 42 U.S.C. 4231 et seq. 

(NEPA, as amended) and 40 CFR 1506.6. 

William Y. Brown, 

Chief Environmental Officer, Bureau of Ocean 

Energy Management. 

[FR Doc. 2022–13490 Filed 6–23–22; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

[RR03040000.22XR068080.RX.18786000.

5004001] 

Request for Input on Development of 

Post-2026 Colorado River Reservoir 

Operational Strategies for Lake Powell 

and Lake Mead Under Historically Low 

Reservoir Conditions 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice and request for input. 

SUMMARY: The Secretary of the Interior 

has directed the Bureau of Reclamation 

(Reclamation) to begin work to develop 

operating strategies for the continued 

coordinated operation of Lake Powell 

and Lake Mead. A number of reservoir 

and water management decisional 

documents and agreements that govern 

operation of Colorado River facilities 

and management of Colorado River 

water are currently scheduled to expire 

at the end of 2026. These include the 

December 2007 Colorado River Interim 

Guidelines for Lower Basin Shortages 

and Coordinated Operations for Lake 

Powell and Lake Mead (2007 Interim 

Guidelines), among other important 

management documents, both within 

the United States, as well as 

international agreements between the 

United States and Mexico pursuant to 

the United States-Mexico Treaty on 

Utilization of Waters of the Colorado 

and Tijuana Rivers and of the Rio 

Grande (1944 Water Treaty). 

DATES: Submit written comments on the 

proposed development of Post-2026 

Colorado River Operational Strategies 

pursuant to this notice on or before 

September 1, 2022. 

Reclamation will host two public 

webinars to summarize the content and 

purpose of this Federal Register notice. 

The webinars will take place on 

Tuesday, July 12, 2022, from 10 a.m. to 

11 a.m. (MDT), and on Thursday, July 

14, 2022, from 10 a.m. to 11 a.m. (MDT). 

ADDRESSES: Send written comments on 

the proposed development of Post-2026 

Colorado River Operational Strategies to 

CRB-info@usbr.gov. 

The virtual meeting held on Tuesday, 

July 12, 2022, may be accessed at 

https://teams.microsoft.com/l/meetupjoin/19%3ameeting_YTg1Zm

VmMDItNzkxMC00YjM2LTg3N

mEtNmIwMWI3ZGEyNjJm%40

thread.v2/0?context=%7b%22

Tid%22%3a%220693b5ba-4b18-4d7b9341-f32f400a5494%22%2c%22Oid

%22%3a%22388b569b-9117-49f0-b6f1- 

cd12ff0587b0%22%7d; or call in (audio 

only) at (719) 733–3211, Phone 

Conference ID: 100 899 510#. 

The virtual meeting held on 

Thursday, July 14, 2022, may be 

accessed at https://

teams.microsoft.com/l/meetup-join/ 

19%3ameeting_MWE0YmZhNDItOGQw

ZC00YmRiLWJiMmItZDM4ZDUw

N2JlNzcx%40thread.v2/0?context=

%7b%22Tid%22%3a%220693b5ba4b18-4d7b-9341-f32f400a5494%

22%2c%22Oid%22%3a%22e792bef3- 

e313-4746-82d1-a6064d5ee

897%22%7d; or call in (audio only) at 

(202) 640–1187, Phone Conference ID: 

795 497 392#. 

FOR FURTHER INFORMATION CONTACT: 

Carly Jerla, Senior Water Resources 

Program Manager, Bureau of 

Reclamation, at (303) 517–1160; or by 

email at cjerla@usbr.gov. Individuals in 

the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 


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1Except for the special provisions described in 

Section XI.G.8. of the 2007 Interim Guidelines, the 

2007 Interim Guidelines are anticipated to remain 

in effect through December 31, 2025 (through 

preparation of the 2026 Annual Operating Plan). 

With the exception of certain Intentionally Created 

Surplus recovery and Upper Basin demand 

management provisions, operations under the 

Continued 

SUPPLEMENTARY INFORMATION: Through 

this notice, and prior to formally 

initiating a National Environmental 

Policy Act (NEPA) process (or 

processes) to develop post-2026 

operations for Lake Powell and Lake 

Mead (among other potential actions), 

Reclamation is requesting input on: (a) 

processes that can be employed to 

encourage and facilitate meaningful 

participation of Colorado River Basin 

(Basin) partners, stakeholders, and the 

general public in the anticipated 

upcoming NEPA process(es); as well as 

(b) potential substantive elements and 

strategies for post-2026 operations to 

consider in the anticipated upcoming 

NEPA process(es). Reclamation 

anticipates formally initiating the NEPA 

process through a Notice of Intent to 

Prepare an Environmental Impact 

Statement in the Federal Register in 

early 2023. As noted in more detail 

below, given current conditions in the 

Colorado River Basin, Reclamation may 

utilize multiple NEPA efforts, or other 

appropriate processes, to address 

emerging low-reservoir conditions in 

the Basin. 

The Colorado River Basin provides 

essential water supplies to 

approximately 40 million people, nearly 

5.5 million acres of agricultural lands, 

and habitat for ecological resources 

across the Southwestern United States 

and Northwestern Mexico. The limited 

water supplies of the Colorado River are 

declining and the Colorado River Basin 

is currently experiencing a prolonged 

period of drought and record-low runoff 

conditions resulting in historically low 

reservoir levels at Lake Powell and Lake 

Mead. The period from 2000 through 

2022 is the driest 23-year period in more 

than a century and one of the driest 

periods in the last 1,200 years. Absent 

a change in hydrologic conditions, 

water use patterns, or both, Colorado 

River reservoirs will continue to decline 

to critically low elevations threatening 

essential water supplies across nine 

states in the United States and the 

Republic of Mexico (Mexico). It is 

foreseeable that without appropriate 

responsive actions and under a 

continuation of recent hydrologic 

trends, major Colorado River reservoirs 

could continue to decline to ‘‘dead 

pool’’—elevations at which water 

cannot be regularly released from a 

reservoir—in coming years. As stated in 

the 2019 Lower Basin Drought 

Contingency Plan: 

. . . as a result of actual operating experience 

subsequent to the adoption of the 2007 

Interim Guidelines, as well as emerging 

scientific information regarding the 

increasing variability and anticipated decline 

in Colorado River flow volumes, the Parties 

recognize and acknowledge that entities that 

rely on the Colorado River as a water source 

face increased individual and collective risk 

of temporary or prolonged interruptions in 

water supplies, with associated adverse 

impacts on the society, environment and 

economy of the southwestern United States. 

The current unprecedented drought 

and low-runoff conditions are 

anticipated to persist and potentially 

worsen as a result of a number of 

factors, including increasing 

temperatures in the Basin, and other 

effects of climate change. 

As a result of the exceptionally low 

runoff conditions over the past 3 years 

(2020, 2021, and 2022), unprecedented 

drought response operations have been 

triggered at Lake Powell and Lake Mead 

consistent with the 2007 Interim 

Guidelines and agreements adopted 

pursuant to the 2019 Colorado River 

Drought Contingency Plan 

Authorization Act (Pub. L. 116–14) (the 

2019 Drought Contingency Plan (DCP) 

Act). The unprecedented risks facing the 

Colorado River Basin was the subject of 

a June 14, 2022 U.S. Senate hearing in 

which Reclamation Commissioner 

Camille Touton noted that while no one 

knows how dry the next few years could 

be, if recent (2018-present) dry 

conditions continue, Lake Powell and 

Lake Mead face extraordinary risks over 

the next 12–24 months, and that 

additional actions are needed to protect 

the reservoirs from rapidly declining to 

critically-low elevations: reductions 

totaling millions of acre-feet in 

reductions of use across the Basin could 

be needed to stabilize the reservoirs. 

Background on Development of the 

2007 Interim Guidelines. 

Initially spurred by a 5-year period in 

which Lake Powell and Lake Mead lost 

nearly half of the combined storage in 

the reservoirs as a result of an ongoing 

multi-year drought, decreasing overall 

system storage, and growing demands 

for Colorado River water, at the 

direction of the Secretary of the Interior, 

Reclamation initiated a NEPA process in 

2005 to develop operating guidelines for 

the coordinated operations of Lake 

Powell and Lake Mead, along with 

Lower Basin shortage criteria (and other 

related actions). See 70 FR 57322 

(September 30, 2005). Following 

completion of the NEPA process (and 

associated compliance activities), in 

December 2007 Secretary of the Interior 

Kempthorne approved the Record of 

Decision for the 2007 Interim 

Guidelines. Published at 73 FR 19873 

(April 11, 2008). The 2007 Interim 

Guidelines provided objective operating 

criteria for the coordinated operations of 

Lake Powell and Lake Mead and for 

determining Lower Basin shortage 

conditions, as well as establishing a 

program to encourage water 

conservation actions in the Lower Basin. 

Operational Agreements, Operating 

Experience and Changed Circumstances 

Since Adoption of the 2007 Interim 

Guidelines. 

Operational Agreements 

Since their adoption, the 2007 Interim 

Guidelines have provided operating 

criteria for Lake Powell and Lake Mead 

including provisions designed to 

provide a greater degree of certainty to 

water users about timing and volumes of 

potential water delivery reductions, as 

well as additional operating flexibility 

to conserve and enhance water storage 

in Colorado River system reservoirs. In 

2012, the United States and Mexico 

adopted Minute 319, a binational 

agreement adopted pursuant to the 1944 

Water Treaty. Minute 319 provided 

interim (2012–2017) operating 

provisions that implement the 

provisions of the 1944 Water Treaty, 

establishing objective criteria for treaty 

deliveries through a wide range of 

reservoir conditions, and established 

mechanisms that provide Mexico with 

the flexibility to reduce water use and 

defer delivery of the reduced volumes in 

subsequent years. Minute 319 also 

provided U.S. funding to enhance water 

conservation and riparian habitat in the 

Colorado River Delta and Limitrophe 

region. 

Notwithstanding the elements of the 

2007 Interim Guidelines (and Minute 

319), as hydrologic conditions worsened 

thereby increasing the risk of reservoirs 

declining to critically-low conditions, in 

2013–2014, Reclamation and 

stakeholders began pursuing additional 

adaptive management actions. Among 

other drought response activities, the 

Upper and Lower Basin DCPs were 

adopted pursuant to the 2019 DCP Act. 

A further agreement with Mexico in 

2017 (Minute 323) had previously 

established enhanced water reduction, 

water conservation, and savings 

mechanisms pursuant to the 1944 Water 

Treaty. Both the 2007 Interim 

Guidelines and the DCPs are anticipated 

to be in place for an interim period 

through 2026.1 Similarly, Minute 323 is 

anticipated to be in effect through 2026. 


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Guidelines and the DCPs are in effect through 

December 31, 2026. 

2020 Review of Operating Experience 

The interim nature of the 2007 

Interim Guidelines has provided the 

opportunity to gain valuable experience 

in the management of Lake Powell and 

Lake Mead under the adopted 

operations, improving the basis for 

making future operational decisions, 

both during the interim period and after. 

Section XI.G.7.D. of the 2007 Interim 

Guidelines required the documentation 

of this experience and an evaluation of 

the effectiveness of the 2007 Interim 

Guidelines. In fulfillment of this 

provision, in December 2020, 

Reclamation published on its website its 

‘‘Review of the Colorado River Interim 

Guidelines for Lower Basin Shortages 

and Coordinated Operations for Lake 

Powell and Lake Mead’’ (the 2020 7.D. 

Review). 

The purpose of the 2007 Interim 

Guidelines was determined in the early 

stages of the NEPA process led by 

Reclamation to develop the guidelines 

and consists of 3 components. As stated 

in Section IV of the 2007 Interim 

Guidelines, the purpose is to: 

• ‘‘improve Reclamation’s 

management of the Colorado River by 

considering trade-offs between the 

frequency and magnitude of reductions 

of water deliveries, and considering the 

effects on water storage in Lake Powell 

and Lake Mead, and on water supply, 

power production, recreation, and other 

environmental resources; 

• provide mainstream United States 

users of Colorado River water, 

particularly those in the Lower Division 

states, a greater degree of predictability 

with respect to the amount of annual 

water deliveries in future years, 

particularly under drought and low 

reservoir conditions; and 

• provide additional mechanisms for 

the storage and delivery of water 

supplies in Lake Mead to increase the 

flexibility of meeting water use needs 

from Lake Mead, particularly under 

drought and low reservoir conditions.’’ 

The 2020 7.D. Review found that the 

2007 Interim Guidelines were largely 

effective as measured against this stated 

purpose. 

However, with respect to the 4 

operational elements of the 2007 Interim 

Guidelines (Coordinated Operations of 

Lake Powell and Lake Mead, Lower 

Basin Surplus Guidelines, Lower Basin 

Shortage Guidelines, and Storage and 

Delivery of Conserved Water in the 

Lower Basin), the 2007 Interim 

Guidelines failed to provide sufficiently 

robust operating provisions to address 

the increasing severity of the drought 

and low runoff conditions exacerbated 

by climate change. By 2013–2014, as a 

result of the worsening drought, a broad 

consensus within the Basin emerged 

that additional actions were needed to 

reduce the risk of Lake Powell and Lake 

Mead reaching critically low elevations. 

This led to the adoption of the DCPs and 

other voluntary adaptive actions. 

The 2020 7.D. Review also 

documented important considerations 

for enhancing future effectiveness: (1) 

enhanced flexibilities and transparency 

for water users; (2) expanded 

participation in conservation and Basinwide programs; (3) increased 

consideration of the linkage that occurs 

through coordinated reservoir 

operations, particularly with respect to 

the uncertainties inherent in model 

projections used to set operating 

conditions; and (4) more robust 

measures to protect reservoir levels. 

Reclamation received written input 

during the 2020 7.D. Review process 

from a diverse group of partners and 

stakeholders across the Colorado River 

Basin. One area of significant comment 

was with respect to the stakeholder 

engagement process used to develop the 

2007 Interim Guidelines. Multiple 

commenters expressed that the process 

was inadequate to meaningfully engage 

a sufficiently diverse group of 

stakeholders. Given the increased 

partner and stakeholder participation in 

Basin decision-making processes since 

the adoption of the 2007 Interim 

Guidelines, the Department of the 

Interior (Department or Interior) is 

particularly focused on developing and 

implementing a process that facilitates 

and encourages meaningful 

participation of Basin partners and 

stakeholders including other Federal 

agencies, the seven Colorado River 

Basin States, Native American Tribes, 

non-governmental organizations 

(NGOs), academic experts, and the 

general public. As discussed below, the 

Department is also committed to 

identifying processes that can 

complement the efforts of the 

International Boundary and Water 

Commission (IBWC) to develop post2026 agreements that would succeed 

current agreements contained in Minute 

323. 

Changed Circumstances Since Adoption 

of the 2007 Interim Guidelines 

As Reclamation and the Department 

prepare to initiate a NEPA process for 

the post-2026 Colorado River Reservoir 

Operational Strategies for Lake Powell 

and Lake Mead under historically low 

reservoir conditions, it is important to 

succinctly highlight a few areas where 

circumstances have changed since 

adoption of the 2007 Interim 

Guidelines. Reclamation welcomes 

input on these changed circumstances 

as well as suggestions on potential 

strategies that would be appropriate to 

more successfully address these 

changed circumstances given the 

expectation that conditions will 

continue to change in the Colorado 

River Basin in the years and decades 

ahead. 

1. With respect to issues involving 

hydrology, risk facing the Basin, and 

advances in scientific understandings: 

Since 2000, 50 percent of these years 

have seen less than 11 million acre-feet 

(maf) of annual natural flow at Lees 

Ferry and 13 percent have seen less than 

8 maf. The 21st century has been 20 

percent drier than the 20th century, and 

the 5-year average has declined by 33 

percent in 23 years. Future strategies 

should consider these conditions and 

the likelihood of continued declines in 

supply. 

The 2007 Interim Guidelines were 

developed in response to 5 years of 

drought and precipitous reservoir 

declines and were based primarily on 

the modeling assumption of a stationary 

climate where future inflows were 

adequately represented in the observed 

historical record. 

Since 2007, unprecedented drought 

has changed our understanding of basin 

hydrology; climate science tells us that 

the future temperatures in the Colorado 

River Basin will continue to warm and 

that we can expect an increased 

likelihood of experiencing deep, 

prolonged droughts. 

The 2020 7.D. Review found that 

while the 2007 Interim Guidelines were 

effective at meeting their overall 

purpose, the increasing severity of the 

drought demonstrated that the 2007 

Interim Guidelines were insufficiently 

robust to protect reservoir storage, 

requiring the adoption of the DCPs and 

other responsive adaptive actions. 

Nevertheless, even the additional 

actions adopted subsequent to the 2007 

Interim Guidelines were demonstrably 

insufficient to address the ongoing 

drought and low runoff conditions. 

With declining reservoir conditions, 

Reclamation undertook emergency and 

other drought response actions in both 

2021 and 2022 to protect infrastructure 

and operations at Glen Canyon Dam. 

The latest global climate modelderived projections of climate change 

agree that temperatures will warm, but 

precipitation and impacts on basin 

hydrology continue to show a wide 

range of potential futures and experts 

cannot say with a high degree of 

confidence or specificity what is most 

likely to happen in a nonstationary 


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climate (i.e., the question ‘‘what will 

future runoff be?’’ cannot be answered). 

Hydrologic uncertainty combined with 

uncertain future growth and water use 

compound to mean that it is impossible 

to assign probabilities to any given 

future and the basin is experiencing 

conditions of deep uncertainty. 

These factors lead Reclamation to 

observe that in developing post-2026 

guidelines in a nonstationary, drying 

system, a different approach toward 

addressing risk that employs planning 

methods that account for deep 

uncertainty must be taken. Such an 

approach should enhance the ability to 

identify robust policies that are better 

prepared to adapt to changing 

conditions. 

For planning purposes, robust 

policies are those that withstand a broad 

range of future conditions and are not 

based on a single set of assumptions 

about water supply and demand. With 

increasing temperatures across the 

basin, predictions of commensurate 

decreases in reliable supply, and 

uncertainty in future demands, 

Reclamation believes that future 

policies must be tested across a wide 

range of potential future conditions, 

including drought sequences that are 

longer and more severe than those that 

have been observed. Absent such an 

approach, policies are likely to be 

insufficiently robust, adaptable, and 

successful. 

2. With respect to issues regarding 

engagement and inclusivity in Colorado 

River decision-making: 

The domestic stakeholder process 

used to develop the 2007 Interim 

Guidelines was considered, at the time, 

to have engaged a wide range of 

stakeholders and included extensive 

public involvement. Central to this 

process was technical outreach and 

modeling support provided by 

Reclamation. 

In the intervening 15 years, there has 

been an increasing level of collaboration 

and communication across the Basin— 

indicating the necessity of more deeply 

engaging a broader range of stakeholders 

during the upcoming process(es). 

Meaningfully engaging and encouraging 

the participation of Colorado River 

Basin Tribes, representatives of Mexico, 

and NGOs was crucial to the success of 

the key and essential operational 

decisions that have come about since 

the adoption of the 2007 Interim 

Guidelines. 

As we approach the initiation of 

efforts to develop post-2026 guidelines, 

Reclamation has identified that it 

intends to design and implement a 

stakeholder process that is inclusive, 

transparent, and encourages meaningful 

engagement. In order to accomplish this 

commitment, Reclamation intends to 

prioritize stakeholder technical 

education, technical outreach, and 

timely access to relevant technical 

information. Reclamation intends to 

support parties in developing strategies 

and would welcome input on 

recommended steps to ensure active 

participation by a wide range of Basin 

partners, stakeholders, and the general 

public. Reclamation will continue to 

seek to prioritize the development of 

approaches that have broad-based 

support. 

a. With respect to Colorado River 

Basin Tribes: 

During the preparation of the 2007 

Interim Guidelines, the Department 

conducted extensive engagement with 

Native American Tribes in the Colorado 

River Basin (Basin Tribes) regarding the 

potential adoption of operating 

guidelines for Lake Powell and Lake 

Mead and related actions, including the 

adoption of rules regarding creation, 

accounting and delivery of Intentionally 

Created Surplus. See 2007 Final 

Environmental Impact Statement (FEIS), 

Appendix I, at https://www.usbr.gov/lc/ 

region/programs/strategies/FEIS/ 

AppI.pdf. 

Notwithstanding the engagement 

documented in the 2007 FEIS, during 

the implementation of the 2007 Interim 

Guidelines, many Basin Tribes have 

expressed deeply-held concerns, 

viewpoints, and objections to the lack of 

full engagement and consultation, and 

that any engagement during the 

development (and implementation) of 

the 2007 Interim Guidelines was 

insufficient to address the range of 

interests, needs, and fundamental rights 

of the Basin Tribes. These concerns 

have significantly increased as water 

supply conditions in the Basin have 

been increasingly impacted by drought, 

low runoff, and the effects of climate 

change. 

Interior has undertaken extensive 

efforts across the Basin to facilitate 

Indian Water Rights Settlements, 

enhance Tribal utilization of water 

rights, engage with Tribal Governments, 

and facilitate Basin engagement. For 

example, beginning last year, 

Reclamation has hosted monthly Tribal 

Information Exchanges as one 

mechanism to share timely information 

on Colorado River Basin conditions, 

challenges, and opportunities for 

investment and water conservation 

programs. While these efforts have 

continuously increased over time, there 

are extraordinary and unique challenges 

facing Basin Tribes. 

Basin Tribes have expressed their 

concerns in direct correspondence to 

the Secretary of the Interior and have 

formally requested commitments from 

Interior for greater inclusion in the 

NEPA process to develop post-2026 

operations, as well as increased 

engagement and consultation during the 

implementation of any guidelines 

developed pursuant to the upcoming 

NEPA process. 

Interior recognizes that each Basin 

Tribe possesses unique rights (including 

water rights), unique viewpoints, and 

concerns with respect to current and 

projected conditions in the Basin. While 

it is premature at this time for Interior 

to make precise decisions about the 

content of post-2026 operations, the 

Secretary of the Interior has and is 

committed to engage and consult with 

the Basin Tribes in a meaningful and 

transparent manner during the 

upcoming NEPA process and to fully 

consider tribal input and viewpoints 

through government-to-government 

consultation, consistent with the 

Department’s Detailed Plan for 

Improving Interior’s Implementation of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribes, 

found at www.doi.gov/priorities/tribalconsultation. Interior is interested in 

receiving specific input on the most 

effective processes that can be employed 

during the upcoming NEPA process(es) 

to ensure that these commitments are 

fully implemented. 

b. With respect to engagement with 

Mexico: 

The 2007 Interim Guidelines were 

adopted under the authority of the 

Secretary of the Interior. Accordingly, 

the scope of the 2007 Interim Guidelines 

was domestic, and no decisions were 

made regarding operations under the 

1944 Water Treaty. 

Since 2007 an extraordinary 

cooperative process has been forged 

between the two nations with the 

participation of the Department and 

Reclamation in support of agreements 

developed between the United States 

and Mexico Sections of the IBWC. Since 

adoption of the 2007 Interim 

Guidelines, significant international 

agreements on the Colorado River are 

memorialized in Minutes 316, 317, 318, 

319, and 323. 

With Minute 323 scheduled to expire 

at the same time as the 2007 Interim 

Guidelines and the 2019 DCP, the 

United States and Mexico have 

expressed a policy goal of developing a 

successor to Minute 323 on a parallel 

timeline as the domestic development of 

post-2026 operational approaches. This 

policy goal is intended to ensure that 

Colorado River reservoirs continue to be 

managed in a manner that ensures an 


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appropriate degree of operational 

alignment. 

While not determining in any way 

what processes the IBWC may choose to 

utilize, the Department would welcome 

input on how the Interior-led domestic 

planning processes could be 

implemented in a coordinated and 

complementary fashion to those of the 

IBWC. 

3. With respect to the current and 

emerging operational challenges and 

potential for significant disruptions to 

Colorado River water supplies under 

continued low-runoff conditions: 

While previous actions, especially the 

DCP, were intended to preserve 

Reclamation’s ability to undertake post2026 planning with a stable system and 

avoid crisis planning, very dry 

hydrology since the adoption of the DCP 

has resulted in Lake Powell and Lake 

Mead nearing critically low elevations. 

Should the conditions continue or 

worsen, we recognize that in addition to 

post-2026 planning under the 

anticipated NEPA process(es), 

Reclamation may likely need to also 

prioritize implementation of near-term 

actions to stabilize the decline in 

reservoir storage and prevent system 

collapse. Reclamation has not yet 

determined what additional actions or 

processes may be required to address 

these near-term operational risks. It is 

anticipated that near-term response 

actions and development of post-2026 

operations will need to proceed on 

parallel timelines. 

• Process: Reclamation seeks specific 

input on suggested mechanisms for the 

anticipated NEPA process(es) to ensure 

that a wide range of Basin partners, 

stakeholders, and the general public can 

meaningfully engage and participate in 

the development of post-2026 

operational strategies. 

• Substantive elements of post-2026 

operations: Reclamation seeks input on 

potential substantive elements and 

strategies that should be considered for 

post-2026 operations and considered in 

the anticipated upcoming NEPA 

process(es). 

With respect to both these areas 

where Reclamation is seeking input 

through this Federal Register notice, 

Reclamation is particularly interested in 

receiving specific recommendations that 

can be considered and potentially 

integrated as the initiation of the NEPA 

process is being developed. 

Reclamation notes that it intends to 

formally initiate the NEPA process for 

development of post-2026 operations 

through a Notice of Intent to Prepare an 

Environmental Impact Statement in the 

Federal Register in early 2023. Any 

input received as part of this Federal 

Register notice request for input will be 

fully considered by Reclamation but 

formal scoping comments will be 

solicited following initiation of the 

anticipated NEPA process. Decisions by 

entities whether or not to submit input 

regarding this Federal Register notice 

shall not limit or prejudice in any 

manner comments such entities may 

choose to submit during the formal 

scoping period following a formal 

Notice of Intent to initiate preparation of 

an Environmental Impact Statement 

(anticipated in early 2023). 

Public Disclosure of Comments 

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. 

Tanya Trujillo, 

Assistant Secretary for Water and Science. 

[FR Doc. 2022–13502 Filed 6–23–22; 8:45 am] 

BILLING CODE 4332–90–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Mobile Electronic 

Devices, DN 3625; the Commission is 

soliciting comments on any public 

interest issues raised by the complaint 

or complainant’s filing pursuant to the 

Commission’s Rules of Practice and 

Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 

For help accessing EDIS, please email 

EDIS3Help@usitc.gov. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of Maxell, 

Ltd. on June 16, 2022. The complaint 

alleges violations of section 337 of the 

Tariff Act of 1930 (19 U.S.C. 1337) in 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain mobile electronic 

devices. The complainant names as 

respondents: Lenovo Group Ltd. of 

China; Lenovo (United States) Inc. of 

Morrisville, NC; and Motorola Mobility 

LLC of Libertyville, IL. The complainant 

requests that the Commission issue a 

limited exclusion order, cease and 

desist orders, and impose a bond upon 

respondents alleged infringing articles 

during the 60-day Presidential review 

period pursuant to 19 U.S.C. 1337(j). 

Proposed respondent, other interested 

parties, and members of the public are 

invited to file comments on any public 

interest issues raised by the complaint 

or § 210.8(b) filing. Comments should 

address whether issuance of the relief 

specifically requested by the 

complainant in this investigation would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) explain how the articles potentially 

subject to the requested remedial orders 

are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 


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