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In reviewing the September 19, 2006 version of your Draft Prioritized Policy Gaps chart, the following came to mind. Under Part 215, Chapter 12 on Resolution of Unauthorized Use and Trespass should probably address water issues such as are coming up in the non-contract use of water along the Colorado River exercise and should address unauthorized use and trespass as it relates to your security program. Coordinating these subjects in the amendments to 43 C.F.R. might increase the priority of this effort. Under Part 224, this subject should cover priority use power as well as project use power since, at least for the Parker-Davis Project, the latter terminology is used even though generally administered as if it were project use. Question: Will this directive also include instructions concerning rates as they compare to rates at the same project charged by the relevant power marketing administration? Under Part 351, Chapter 11 should probably be coordinated with your security program and security information policy. Security cost issues have raised information dissemination issues in ratemaking already. Part 367 should include security information and should make it abundantly clear where manual policy directives leave off and the overarching Reclamation Security Program Policy takes over. Under Part 376, various chapters should address issues that are being raised and how they will be addressed in an ongoing fashion. An example of this is the recent Ninth Circuit decision on NEPA requiring security issues to be evaluated in an environmental impact statement. The Clean Water Act chapter should evaluate the impact of the recent Supreme Court decisions and the possibility that all commingling of waters may require NPDES permits in the future, depending on what happens to the Second Circuit case that is probably going to be taken to the Supreme Court by New York City. The air pollution abatement chapter should consider the recent move by EPA to provide a larger regulatory environment for PM10 and the potential impact on Reclamation roads and facilities and roads and facilities serving Reclamation facilities. The chapter on integrated pest management should also address the recent FIFRA registration regulations put out by EPA and their potential impact on Reclamation activities. Finally, I have not seen any analysis in this process yet of what items being discussed might be considered appropriate for inclusion in the Code of Federal Regulations, giving them regulatory status and not just that of a “manual”, whose legal stature varies with the controversy and the judge in question. Thank you for the opportunity to comment on this aspect of the Managing for Excellence program.	09/29/2006

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In reviewing the September 19, 2006 version of your Draft Prioritized Policy Gaps chart, the following came to mind.

Under Part 215, Chapter 12 on Resolution of Unauthorized Use and Trespass should probably address water issues such as are coming up in the non-contract use of water along the Colorado River exercise and should address unauthorized use and trespass as it relates to your security program. Coordinating these subjects in the amendments to 43 C.F.R. might increase the priority of this effort.

Under Part 224, this subject should cover priority use power as well as project use power since, at least for the Parker-Davis Project, the latter terminology is used even though generally administered as if it were project use. Question: Will this directive also include instructions concerning rates as they compare to rates at the same project charged by the relevant power marketing administration?

Under Part 351, Chapter 11 should probably be coordinated with your security program and security information policy. Security cost issues have raised information dissemination issues in ratemaking already.

Part 367 should include security information and should make it abundantly clear where manual policy directives leave off and the overarching Reclamation Security Program Policy takes over.

Under Part 376, various chapters should address issues that are being raised and how they will be addressed in an ongoing fashion. An example of this is the recent Ninth Circuit decision on NEPA requiring security issues to be evaluated in an environmental impact statement. The Clean Water Act chapter should evaluate the impact of the recent Supreme Court decisions and the possibility that all commingling of waters may require NPDES permits in the future, depending on what happens to the Second Circuit case that is probably going to be taken to the Supreme Court by New York City. The air pollution abatement chapter should consider the recent move by EPA to provide a larger regulatory environment for PM10 and the potential impact on Reclamation roads and facilities and roads and facilities serving Reclamation facilities. The chapter on integrated pest management should also address the recent FIFRA registration regulations put out by EPA and their potential impact on Reclamation activities.

Finally, I have not seen any analysis in this process yet of what items being discussed might be considered appropriate for inclusion in the Code of Federal Regulations, giving them regulatory status and not just that of a “manual”, whose legal stature varies with the controversy and the judge in question.

Thank you for the opportunity to comment on this aspect of the Managing for Excellence program.

09/29/2006