[Federal Register: January 2, 2003 (Volume 68, Number 1)]
[Page 128]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Bureau of Reclamation

Notice of Availability for Public Comment of the Draft Decision 
on Implementation of Section 3406(b)(2) of the Central Valley Project 
Improvement Act (CVPIA) (Hereinafter Draft (b)(2) Decision), Central 
Valley Project (CVP), California

AGENCY: Bureau of Reclamation and Fish and Wildlife Service, Department 
of the Interior.

ACTION: Notice of Availability for public comment.


SUMMARY: CVPIA Section 3406(b)(2) authorized and directed the Secretary 
to dedicate and manage annually eight hundred thousand (800,000) acre-
feet of Central Valley Project yield for the primary purpose of 
implementing the fish, wildlife, and habitat restoration purposes and 
measures authorized by CVPIA; to assist the State of California in its 
efforts to protect the waters of the San Francisco Bay/Sacramento San 
Joaquin Delta Estuary; and to help to meet such obligations as may be 
legally imposed upon the Central Valley Project under State or Federal 
law following the date of enactment of CVPIA, including but not limited 
to additional obligations under the Federal Endangered Species Act.
    The U.S. Department of the Interior through the U.S. Bureau of 
Reclamation (Reclamation) and the U.S. Fish and Wildlife Service has 
developed the Draft (b)(2) Decision to implement CVPIA
    Section 3406(b)(2). Public comment on the Draft (b)(2) Decision is 
invited at this time.

DATES: Submit written comments on the Draft (b)(2) Decision on or 
before February 3, 2003.

ADDRESSES: Copies of the Draft (b)(2) Decision may be retrieved from 
the Web site at http://www.usbr.gov/mp/cvpia/3406b2/index.html. Copies 
may also be requested by contacting Public Affairs at (916) 978-5102 or 
via her email address , or by writing her at the 
below address.
    Written comments on the Draft (b)(2) Decision should be addressed 
to the Bureau of Reclamation, Attention: Public Affairs, MP-140, 2800 
Cottage Way, Sacramento, CA 95825.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact Public Affairs at (916) 978-5102, or e-mail .

SUPPLEMENTARY INFORMATION: We are inviting the public to comment on 
Interior's Draft (b)(2) Decision. Interior has been dedicating and 
managing water pursuant to Section 3406(b)(2) beginning in 1993, the 
first water year following passage of the CVPIA. Since enactment of the 
statute, Interior has pursued ways to utilize (b)(2) water in 
conjunction with reoperation and water acquisitions to meet the goals 
of the CVPIA. Through this decision, Interior seeks to exercise 
Secretarial discretion to implement Section 3406(b)(2) in accordance 
with the language of CVPIA, the intent of Congress, as well as to make 
this decision consistent with the rulings of the District Court in San 
Luis & Delta Mendota Water Authority, et al v. United States, (CIV F 
97-6140 OWW DLB) ((b)(2) litigation). This decision incorporates parts 
of the October 5, 1999, Final Decision upheld by the District Court, 
modifies others and adds new components. The intent of these changes is 
to simplify and clarify the accounting process for (b)(2) uses and to 
integrate its dedication and management with CVP operations for other 
CVP purposes.
    Our practice is 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, and we will honor such requests to the extent allowed by 
law. There also may be circumstances in which we would withhold a 
respondent's identity from public disclosure, as allowed by law. If you 
wish Interior to withhold your name and/or address, you must state this 
prominently at the beginning of your comments. 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.

    Dated: December 12, 2002.
Kirk C. Rodgers,
Regional Director, Mid-Pacific Region.
[FR Doc. 02-33111 Filed 12-31-02; 8:45 am]