Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices 2503

Independence Avenue, SW.,

Washington, DC 20585; Telephone (202)

586- 2802.

SUPPLEMENTARY INFORMATION: 35 U.S.C.

207 authorizes licensing of Governmentowned inventions. Implementing

regulations are contained in 37 CFR Part

404. 37 CFR 404.7(a)(1) authorizes

exclusive licensing of Governmentowned inventions under certain

circumstances, provided that notice of

the invention’s availability for license

has been announced in the Federal

Register.

Issued in Washington, DC, on January 22,

1996.

Agnes P. Dover,

Deputy General Counsel for Technology

Transfer and Procurement.

[FR Doc. 96–1396 Filed 1–25–96; 8:45 am]

BILLING CODE 6450–01–P

Western Area Power Administration

Central Valley Project, National

Defense Authorization Act Power

Allocation

AGENCY: Western Area Power

Administration, DOE.

ACTION: Notice of Availability.

SUMMARY: The Western Area Power

Administration (Western), a Federal

Power Marketing Administration of the

Department of Energy (DOE), announces

the availability of 17.0 megawatts (MW)

of power under Section 2929 of the

National Defense Authorization Act for

Fiscal Year 1994 (Pub. L. 103–160, 107

Stat. 1547, 1935 (1993)) (NDA Act). The

power will be allocated under the Final

NDA Act Procedures (Procedures). The

Procedures were developed by Western

and published in 59 FR 61604,

December 1, 1994, to fulfill the

requirements of the NDA Act.

DATES: This additional 17 MW of NDA

Act power will be allocated pursuant to

the Procedures beginning on February

26, 1996. As stated in the procedures,

applications from eligible entities

requesting NDA Act Power from

Western are being accepted up to

November 30, 2003. Requests shall be

considered on a first-come, first-served

basis consistent with the general

allocation and contract principle of the

Procedures.

ADDRESSES: Information regarding the

availability of NDA Act Power, and a

copy of the Procedures, are available for

public inspection and copying at

Western’s Sierra Nevada Regional Office

located at 114 Parkshore Drive, Folsom,

California 95630.

FOR FURTHER INFORMATION CONTACT: Zola

M. Jackson, Power Marketing Manager,

Sierra Nevada Customer Service

Regional Office, Western Area Power

Administration, 114 Parkshore Drive,

Folsom, California 95630–4710, (916)

353–4421.

SUPPLEMENTARY INFORMATION:

Background

The NDA Act was signed into public

law on November 30, 1993. The

Procedures, published in 59 FR 61604,

on December 1, 1994, explain the

process developed by Western to

implement the NDA Act. The

Procedures identify power classified as

NDA Act Power and the types of

services and contracts offered. Also set

forth under the Procedures are the

general eligibility criteria to be applied

to all applicants requesting an allocation

of NDA Act Power. The Procedures also

address the process to be used by

applicants when applying for NDA Act

Power, which includes demonstration

that certain economic development

criteria are being met for closed military

bases.

Section 2929 of the NDA Act provides

that, for a 10-year period beginning on

November 30, 1993, the electric power

allocations provided as of November 30,

1993, by Western from the Central

Valley Project (CVP) to military

installations in the State of California

that have been closed or approved for

closure pursuant to the Defense Base

Closure and Realignment Act of 1990

(Title XXIX of Pub. L. 101–510; 104 Stat.

1808) (1990 Act) shall be reserved for

sale through long-term contracts to

preference entities that agree to use such

power to promote economic

development at a military installation

that is closed or approved for closure

pursuant to the 1990 Act. To the extent

power reserved by the NDA Act is not

disposed of through long-term contracts,

it shall be made available on a

temporary basis beginning November

30, 1993, for a 10-year period to military

installations in the State of California

through short-term contracts. By

implementing the Procedures, Western

established the criteria to allocate the

power made available as a result of the

NDA Act.

As of the date of this publication,

McClellan Air Force Base, a military

installation with a CVP contract rate of

delivery, is scheduled to close pursuant

to the 1990 Act. Western is providing

notice that in addition to the 34.209

MW already made available for

allocation under 59 FR 61604, that 17.0

MW is available for allocation as NDA

Act Power to entities qualifying

pursuant to the final NDA Act

Procedures on a first-come, first-served

basis beginning 30 days after

publication of this Federal Register.

Interested parties may contact Western

at the address and telephone listed in

this Federal Register for more

information.

Military installation

Longterm

firm

power

Type III

withdrawable Total

McClellan Air

Force Base,

McClellan

AFB, CA ...... 15.094 1.906 17.0

TOTAL . 15.094 1.906 17.0

Regulatory Procedure Requirements

Environmental Compliance: The

National Environmental Policy Act

(NEPA) of 1969, 42 U.S.C. 4321 et seq.,

and implementing regulations issued by

the Council on Environmental Quality,

40 C.F.R. 1500 et seq., and the

Department of Energy, 10 C.F.R. 1021,

require that the environmental effects of

agency decisions be studied and

considered by decision makers. Studies

were made to determine whether there

were significant impacts to the

environment as a result of the original

allocation of the power to the military

installations. These studies and analyses

were included in the Revised

Environmental Assessment for the

Sacramento Area Office, Western Area

Power Administration, 1994 Power

Marketing Plan (DOE/EA–0467, Revised

August, 1992) and related Finding of No

Significant Impact. Pursuant to

Western’s proposal to implement the

requirements of Section 2929 of the

National Defense Authorization Act,

Western determined that the

preparation of an environmental impact

statement was not required and issued

a FONSI on April 12, 1995. This current

announcement of available NDA Act

Power, under the Procedures, involves

the same 529 MW of Power previously

analyzed and addressed in the 1994

Power Marketing Plan EA, as well as the

April 12, 1995, FONSI and therefore

will require no further NEPA

documentation.

Issued at Golden, Colorado, January 12,

1995.

J. M. Shafer,

Administrator.

[FR Doc. 96–1395 Filed 1–25–96; 8:45 am]

BILLING CODE 6450–01–P
2504 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices

Office of General Counsel

Unfunded Mandates Reform Act;

Intergovernmental Consultation

AGENCY: Department of Energy.

ACTION: Notice of proposed statement of

policy.

SUMMARY: The Department of Energy

(DOE) is publishing for public comment

a proposed statement of policy on

intergovernmental consultation under

the Unfunded Mandates Reform Act of

1995. DOE’s proposed policy reflects the

guidelines and instructions that the

Director of the Office of Management

and Budget (OMB) provided to each

agency to develop, with input from

State, local, and tribal officials, an

intergovernmental consultation process

with regard to significant

intergovernmental mandates contained

in a notice of proposed rulemaking.

DATES: Comments on this proposed

statement of policy are due on or before

March 26, 1996.

ADDRESSES: Comments may be

submitted to the Office of the Assistant

General Counsel for Regulatory Law

(GC–74), U.S. Department of Energy,

1000 Independence Avenue, S.W.,

Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Steve Duarte, Office of the Assistant

General Counsel for Regulatory Law,

U.S. Department of Energy, 1000

Independence Avenue, S.W.,

Washington, D.C. 20585, (202) 586–

9507.

SUPPLEMENTARY INFORMATION: The

President signed the Unfunded

Mandates Reform Act of 1995 (the Act)

into law as Public Law 104–4 on March

22, 1995. Section 204(a) of the Act

requires each agency to develop, to the

extent permitted by law, an effective

process to permit timely input by

elected officers (or their designees) of

State, local, and tribal governments in

the development of a regulatory

proposal containing a proposed

‘‘significant intergovernmental

mandate’’ that is not a requirement

specifically set forth in law. 2 U.S.C.

1531, 1534(a). A ‘‘significant

intergovernmental mandate’’ under the

Act is any provision in a Federal agency

regulation that: (1) Would impose an

enforceable duty upon State, local, or

tribal governments (except as a

condition of Federal assistance); and (2)

may result in the expenditure by State,

local, and tribal governments, in the

aggregate, of $100 million (adjusted

annually for inflation) in any one year.

See 2 U.S.C. 658(5)(A)(i), 1532(a).

Section 204(b) of the Act excepts

intergovernmental communications in

certain circumstances from the

requirements of the Federal Advisory

Committee Act. 5 U.S.C. App. Those

circumstances involve meetings: (1)

Exclusively between Federal officials

and State, local, or tribal elected

officials or their designees; and (2)

solely for the purposes of exchanging

views, information, or advice relating to

Federal programs established pursuant

to a statute that explicitly or inherently

provides for sharing intergovernmental

responsibilities or administration. 2

U.S.C. 1534(b).

Section 204(c) of the Act requires the

President to issue guidelines and

instructions for implementing section

204 (a) and (b). 2 U.S.C. 1534(c). He

delegated this authority to the Director

of OMB, who published guidelines and

instructions on September 29, 1995. 60

FR 50651.

Paragraph I of the OMB guidelines

and instructions provides for each

agency to develop, in consultation with

State, local, and tribal governments, the

intergovernmental consultation process

under section 204(a) of the Act.

Paragraph I further calls for agencies to

develop the process by making a

proposal for comment by State, local,

and tribal governments. Accordingly,

DOE is sending copies of today’s

proposed statement of policy to a list of

elected State and tribal officials and of

associations representing State, local,

and tribal governments compiled by the

DOE Office of Intergovernmental and

External Affairs. To ensure that all such

officials have the opportunity to

participate and because there may be

wider interest in DOE’s process for

intergovernmental consultation under

the Act, DOE today is publishing for

public comment its proposed policy

regarding such consultation.

Section 203 of the Act supplements

section 204(a). 2 U.S.C. 1533. It requires

that, prior to establishing regulatory

requirements that might significantly or

uniquely affect small governments, the

agency shall have developed a plan that,

among other things, provides for notice

to potentially affected small

governments, if any, and for a

meaningful and timely opportunity to

provide input in the development of

regulatory proposals. The Act defines

‘‘small government’’ to mean any small

governmental jurisdiction defined in the

Regulatory Flexibility Act, 5 U.S.C.

601(5), and any tribal government. 2

U.S.C. 658(11).

Both the Act and the OMB guidelines

and instructions appear to assume that

agencies must make affirmative efforts

to notify State, local, and tribal officials

in addition to publishing a notice of

proposed rulemaking in the Federal

Register. Today’s proposed statement of

policy describes the extent and content

of pre-proposal notice and opportunity

to consult.

The proposed policy differentiates

between State and tribal elected officials

(or their designees) on the one hand and

local elected officials (or their

designees) on the other. DOE will

attempt to send notices to the former,

but the latter are so numerous that DOE

proposes to give notice through

appropriate associations who represent

local governments and through the

Federal Register.

The Act requires agencies to estimate

the dollar impact of prospective Federal

mandates to determine whether they

exceed the $100 million threshold, and

therefore warrant full compliance with

the intergovernmental consultation and

other requirements. The Act requires

adjustment of the $100 million figure for

inflation in years after 1995, but it is

silent on how to adjust for inflation.

Similarly, it is silent on whether and

how to adjust estimated future

expenditures for the time value of

money. Under the proposed policy, DOE

would adjust for inflation using the

figures provided in the Annual Report

of the President’s Council of Economic

Advisers, and discount to present value

using OMB Circular A–94 which

currently provides for 7 percent as a

discount rate for government-wide use.

State, local and tribal officials, as well

as members of the public, are invited to

provide comment on the adequacy and

practicability of the proposed policy.

Issued in Washington, D.C., on January 19,

1996.

Robert R. Nordhaus,

General Counsel.

On the basis of the foregoing, DOE

proposes the following Statement of

Policy:

Statement of Policy on the Process for

Intergovernmental Consultation Under

the Unfunded Mandates Reform Act of

1995

I. Purpose

This Statement of Policy implements

sections 203 and 204 of the Unfunded

Mandates Reform Act of 1995 (Act), 2

U.S.C. 1533, 1534, consistent with the

guidelines and instructions of the

Director of the Office of Management

and Budget (OMB).

II. Applicability

This Statement of Policy applies to

the development of any regulation

(other than a regulation for a financial

assistance program) containing a

significant intergovernmental mandate

under the Act. A significant
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices 2505

intergovernmental mandate is a

mandate that: (1) Would impose an

enforceable duty upon State, local, or

tribal governments (except as a

condition of Federal assistance); and (2)

may result in the expenditure by State,

local, and tribal governments, in the

aggregate, of $100 million (adjusted

annually for inflation) in any one year.

DOE officials may apply this Statement

of Policy selectively if there is an

exigent need for immediate agency

action that would warrant waiver of

prior notice and opportunity for public

comment under the Administrative

Procedure Act, 5 U.S.C. 553.

III. Intergovernmental Consultation

When to begin. As early as possible in

the development of a notice of proposed

rulemaking (for other than a financial

assistance program) that involves an

enforceable duty on State, local, or tribal

governments, the responsible Secretarial

Officer, with the concurrence of the

General Counsel, should estimate

whether the aggregate compliance

expenditures will be in the amount of

$100 million or more in any one year.

In making such an estimate, the

Secretarial Officer should adjust the

$100 million figure in years after 1995

using the rate of inflation in the Annual

Report of the President’s Council of

Economic Advisers and should discount

estimated future expenditures to present

value using the discount rate under

OMB Circular A–94.

Content of notice. Upon determining

that a proposed regulatory mandate on

State, local, or tribal governments may

be a significant intergovernmental

mandate, the Secretarial Officer

responsible for the rulemaking should

provide adequate notice to pertinent

State, local and tribal officials: (1)

Describing the nature and authority for

the rulemaking; (2) explaining DOE’s

estimate of the resulting increase in

their governmental expenditure level;

(3) inviting them to participate in the

development of the notice of proposed

rulemaking by participating in meetings

with DOE or by presenting their views

in writing on the likely effects of the

regulatory requirement or legally

available policy alternatives that DOE

should take into account. If the

authorizing statute for a rule requires

publication of an advance notice of

proposed rulemaking, then these

content requirements may be addressed

in that advance notice.

How to notify State and tribal

officials. With respect to State and tribal

governments, actual notice should be

given by letter, using a mailing list

maintained by the DOE Office of

Intergovernmental and External Affairs

that includes elected chief executives

(or their designees), chief financial

officers (or their designees), the National

Governors Association, and the National

Congress of American Indians. The

Secretarial Officer also should provide

constructive notice in the Federal

Register.

How to notify local officials. With

respect to local governments, the

Secretarial Officer should provide

notice through the Federal Register and

by letter to the following associations:

the National League of Cities, the

National Association of Counties, and

the U.S. Conference of Mayors. If a

significant intergovernmental mandate

might affect local governments in a

limited area of the United States, then

the Secretarial Officer, in consultation

with the Office of Intergovernmental

and External Affairs, should give actual

notice by letter to appropriate local

officials if practicable.

Exemption from the Federal Advisory

Committee Act. Secretarial Officers are

encouraged to meet with State, local,

and tribal elected officials (or their

designees) to exchange views,

information, and advice concerning the

implementation of intergovernmental

responsibilities or administration.

Meetings for this purpose that do not

include other members of the public are

exempt from the Federal Advisory

Committee Act. 2 U.S.C. 1534(b).

Small government consultation plan.

If the proposed regulatory requirements

might significantly or uniquely affect

small governments, then the Secretarial

Officer should summarize in the

Supplementary Information section of

the notice of proposed rulemaking its

plan for intergovernmental consultation

under section 203 of the Act. Unless

impracticable, the plan should provide

for actual notice by letter to potentially

affected small governments.

Documenting compliance. The

Supplementary Information section of

any notice of proposed and final

rulemaking involving a significant

intergovernmental mandate upon State,

local, or Indian tribal governments

should describe DOE’s determinations

and compliance activities under the Act.

The Supplementary Information section

of the notice of proposed rulemaking

should describe the estimated impact of

an intergovernmental mandate, the

assumptions underlying its calculation,

and the resulting determination of

whether the rulemaking involves a

significant intergovernmental mandate.

It should discuss, as appropriate, cost

and benefit estimates and any

reasonable suggestions received during

pre-notice intergovernmental

consultations. Any substantive prenotice written communications should

be described in the Supplementary

Information and made available for

inspection in the public rulemaking file

in the DOE Freedom of Information

Reading Room.

Reporting. Pursuant to the OMB

guidelines and instructions, the Office

of General Counsel, with the

cooperation of the Secretarial Officers,

will prepare the annual report to OMB

on compliance with the

intergovernmental consultation

requirements of the Act (initially due on

January 15, 1996, and annually on

January 15 thereafter).

[FR Doc. 96–1198 Filed 1–25–96; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5403–9]

Agency Information Collection

Activities Under OMB Review: National

Water Quality Inventory Reports

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the Information Collection Request (ICR)

abstracted below has been forwarded to

the Office of Management and Budget

(OMB) for review and comment. The

ICR describes the nature of the

information collection and its expected

cost and burden; where appropriate, it

includes the actual data collection

instrument.

DATES: Comments must be submitted on

or before February 26, 1996.

FOR FURTHER INFORMATION OR A COPY

CALL: Sandy Farmer at EPA, (202) 260–

2740, and refer to EPA ICR No. 1506.04.

SUPPLEMENTARY INFORMATION:

Title: National Water Quality

Inventory Reports (Clean Water Act

Sections 305(b), 303(d), 314(a), and

106(e)). (OMB Control No. 2040–0071;

EPA ICR No. 1560.04). This is a request

for extension of a currently approved

collection.

Abstract: Section 305(b) of the Clean

Water Act (Pub. L. 92–500, 33 U.S.C.

1251 et seq., most recently amended in

1987 by Pub. L. 100–4), requires each

State to prepare and submit a biennial

water quality report to the EPA

Administrator. Regulations for water

quality monitoring, planning,

management and reporting are found in

40 CFR part 130. Each 305(b) report

includes such information as a