82 FR 43400 - Statement of Findings: Aamodt Litigation Settlement Act
DEPARTMENT OF THE INTERIOR
Office of the Secretary Federal Register Volume 82, Issue 178 (September 15, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 178 (September 15, 2017)
| Page Range | 43400-43401 | |
| FR Document | 2017-19541 |
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)] [Notices] [Pages 43400-43401] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19541] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of the Secretary [17XD4523WS\DS10100000\DWSN00000.000000\DP10020] Statement of Findings: Aamodt Litigation Settlement Act AGENCY: Office of the Secretary, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Secretary of the Interior (Secretary) is publishing this notice in accordance with the Aamodt Litigation Settlement Act (Settlement Act). Congress enacted the Settlement Act as Title VI of the Claims Resolution Act of 2010. The publication of this notice causes the Settlement Agreement executed in accordance with the Settlement Act to remain applicable and causes certain waivers and releases of claims executed pursuant to the Settlement Act to become applicable. DATES: This notice is applicable September 15, 2017. FOR FURTHER INFORMATION CONTACT: Address all comments and requests for additional information to Christopher Banet, Chair, Aamodt Settlement Implementation Team, Department of the Interior, Bureau of Indian Affairs, Southwest Regional Office, 1001 Indian School Road NW., Albuquerque, NM 87104 (503) 563-3403, [email protected]. SUPPLEMENTARY INFORMATION: The Settlement Act was enacted to resolve water rights claims of the Pueblos of Pojoaque, Namb[eacute], Tesuque, and San Ildefonso (Pueblos) in the Pojoaque River Basin--including the Rio Namb[eacute], Rio Pojoaque, and Rio Tesuque stream systems and interrelated groundwater systems--in the State of New Mexico subject to an adjudication in the U.S. District Court (Court) in State of New Mexico ex rel. State Engineer v. Aamodt, No. 6:66-CV-6639 (D.N.M. filed 1966). The Settlement Parties include the four Pueblos; the County of Santa Fe; the City of Santa Fe; various individuals and entities; the State of New Mexico (State); and the United States (Settlement Parties). The Settlement Act and underlying agreements quantify and define the Pueblos' water rights, including surface and groundwater within the Pojoaque River Basin as well as additional water to be supplied via contract from the Bureau of Reclamation's San Juan-Chama Project, and also recognizes certain non-Pueblo water entitlements and allocations, including for local governments and water districts. The Settlement Act and underlying [[Page 43401]] agreements provide additional significant benefits to the Pueblos and local communities, including federal funding to help construct the Pojoaque Basin Regional Water System and federal funding to establish the Aamodt Pueblos Settlement Fund. The non-federal Settlement Parties submitted a signed Settlement Agreement to Congress prior to enactment of the Settlement Act, which has been revised and signed by the Settlement Parties pursuant to the terms of the Settlement Act. In order for the Settlement Agreement to remain enforceable, nine conditions precedent outlined in section 623 of the Settlement Act must be fulfilled by September 15, 2017. Statement of Findings In accordance with section 623(a)(2) of the Settlement Act, I find as follows: (A) To the extent that the Settlement Agreement conflicted with the Settlement Act, the Settlement Agreement has been revised to conform with the Settlement Act. (B) The Settlement Agreement, as revised, including waivers and releases pursuant to section 624 of the Settlement Act, has been executed by the appropriate parties and the Secretary. (C) Congress has fully appropriated, or the Secretary has provided from other authorized sources, all funds authorized by section 617 of the Settlement Act, with the exception of subsection (a)(1) of that section. (D) The Secretary has acquired and entered into appropriate contracts for the water rights described in section 613(a) of the Settlement Act. (E) For purposes of section 613(a) of the Settlement Act, permits have been issued by the New Mexico State Engineer to the Pojoaque Basin Regional Water Authority (Authority) formed pursuant to section 9.5 of the Settlement Agreement to change the points of diversion to the mainstem of the Rio Grande for the diversion and consumptive use of at least 2,381 acre-feet by the Pueblos as part of the water supply for the Regional Water System, subject to the conditions that (i) the permits are free of any condition that materially adversely affects the ability of the Pueblos or the Authority to divert or use the Pueblo water supply described in section 613(a) of the Settlement Act, including water rights acquired in addition to those described in section 613(a) of the Settlement Act, in accordance with section 613(g) of the Settlement Act; and (ii) the Settlement Agreement establishes the means to address any permit conditions to ensure the ability of the Pueblos to fully divert and consume at least 2,381 acre-feet as part of the water supply for the Regional Water System, including defining the conditions that will not constitute a material adverse effect. (F) The State has enacted necessary legislation and has provided funding as required under the Settlement Agreement. (G) A partial final decree that sets forth the water rights and other rights to water to which the Pueblos are entitled under the Settlement Agreement and the Settlement Act and that substantially conforms to the Settlement Agreement has been approved by the Court. (H) A final decree that sets forth the water rights for all parties to the Aamodt Case and that substantially conforms to the Settlement Agreement has been approved by the Court. (I) The waivers and releases described in section 624 of the Settlement Act have been executed. Ryan K. Zinke, Secretary of the Interior. [FR Doc. 2017-19541 Filed 9-14-17; 8:45 am] BILLING CODE 4334-63-P
![43400 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices
values for changes in water quality Frequency of Collection: One time DEPARTMENT OF THE INTERIOR
within the Susquehanna River Basin only.
located in Pennsylvania. The Office of the Secretary
Estimated Total Annual Responses:
Susquehanna River, with its streams 2,500. [17XD4523WS\DS10100000\DWSN00000.
and tributaries, is the largest river 000000\DP10020]
system lying entirely within the United Estimated Time per Response: 2
States that drains into the Atlantic minutes to review instructions, 13 Statement of Findings: Aamodt
Ocean. Water from the Susquehanna minutes to complete survey. Litigation Settlement Act
River is used for drinking, Estimated Total Annual Burden
manufacturing, agriculture, and power AGENCY: Office of the Secretary, Interior.
Hours: 625 hours.
generation, and also provides habitat for ACTION: Notice.
fish and opportunities for outdoor Estimated Reporting and
recreation. Stormwater runoff and Recordkeeping ‘‘Non-Hour Cost’’ SUMMARY: The Secretary of the Interior
excess nutrients and sediment have Burden: There are no ‘‘non-hour cost’’ (Secretary) is publishing this notice in
increased algae, decreased fish health, burdens associated with this IC. accordance with the Aamodt Litigation
and have resulted in closed beaches due Public Disclosure Statement: The PRA Settlement Act (Settlement Act).
to bacteria. As a result of these and (44 U.S.C. 3501, et seq.) provides that an Congress enacted the Settlement Act as
other events, water managers in the agency may not conduct or sponsor and Title VI of the Claims Resolution Act of
Susquehanna River Basin are reviewing you are not required to respond to a 2010. The publication of this notice
private citizens’ river uses, perceptions, causes the Settlement Agreement
collection of information unless it
and the economic value of improved executed in accordance with the
displays a currently valid OMB control
water quality. USGS economists will Settlement Act to remain applicable and
number and current expiration date. causes certain waivers and releases of
conduct an economic survey of private
households in Pennsylvania to help III. Request for Comments claims executed pursuant to the
local decision makers achieve this Settlement Act to become applicable.
review. These values will be estimated We are soliciting comments as to: (a) DATES: This notice is applicable
via a mail survey instrument. The Whether the proposed collection of September 15, 2017.
primary goal of conducting this information is necessary for the agency
FOR FURTHER INFORMATION CONTACT:
valuation study is to improve the way to perform its duties, including whether Address all comments and requests for
in which communities frame the choice the information is useful; (b) the additional information to Christopher
regarding the allocation of scarce accuracy of the agency’s estimate of the Banet, Chair, Aamodt Settlement
resources and to clarify the trade-offs burden of the proposed collection of Implementation Team, Department of
between alternative outcomes. No such information; (c) ways to enhance the the Interior, Bureau of Indian Affairs,
prior analysis has been conducted in the quality, usefulness, and clarity of the Southwest Regional Office, 1001 Indian
Susquehanna River Basin. information to be collected; and (d) how School Road NW., Albuquerque, NM
The information collection process to minimize the burden on the 87104 (503) 563–3403,
will be conducted by scientists and staff respondents, including the use of christopher.banet@bia.gov.
in the Social and Economic Analysis automated collection techniques or SUPPLEMENTARY INFORMATION: The
Branch of the USGS, and partnering other forms of information technology. Settlement Act was enacted to resolve
researchers in the Department of water rights claims of the Pueblos of
Please note that the comments
Agricultural and Resource Economics at Pojoaque, Nambé, Tesuque, and San
submitted in response to this notice are
Colorado State University. This Ildefonso (Pueblos) in the Pojoaque
information collection will be a matter of public record. Before
including your personal mailing River Basin—including the Rio Nambé,
conducted through an online survey Rio Pojoaque, and Rio Tesuque stream
with an optional paper survey. Letters address, phone number, email address,
or other personally identifiable systems and interrelated groundwater
and postcards will be mailed to systems—in the State of New Mexico
potential respondents to encourage information in your comment, you
should be aware that your entire subject to an adjudication in the U.S.
participation in the survey. We will District Court (Court) in State of New
protect information from respondents comment, including your personally
identifiable information, may be made Mexico ex rel. State Engineer v.
considered proprietary under the Aamodt, No. 6:66–CV–6639 (D.N.M.
Freedom of Information Act (5 U.S.C. publicly available at any time. While
filed 1966). The Settlement Parties
552) and its implementing regulations you can ask us in your comment to
include the four Pueblos; the County of
(43 CFR part 2), and under regulations withhold your personally identifiable
Santa Fe; the City of Santa Fe; various
at 30 CFR 250.197, ‘‘Data and information from public view, we
individuals and entities; the State of
information to be made available to the cannot guarantee that we will be able to New Mexico (State); and the United
public or for limited inspection.’’ do so. States (Settlement Parties).
Responses are voluntary. No questions The Settlement Act and underlying
of a ‘‘sensitive’’ nature are asked. IV. Authority
agreements quantify and define the
II. Data The authorities for this action are the Pueblos’ water rights, including surface
Clean Water Act (33 U.S.C. 1251 et seq.) and groundwater within the Pojoaque
OMB Control Number: 1028–New.
and the Safe Drinking Water Act (42 River Basin as well as additional water
mstockstill on DSK30JT082PROD with NOTICES
Form Number: NA.
Title: Evaluating public values for U.S.C. 300f et seq.). to be supplied via contract from the
water quality in the Susquehanna River Dated: May 3, 2017. Bureau of Reclamation’s San Juan-
in Pennsylvania. Chama Project, and also recognizes
Sharon Taylor,
Type of Request: New collection. certain non-Pueblo water entitlements
Affected Public: Private Citizens. Fort Collins Science Center Director. and allocations, including for local
Respondent’s Obligation: None. [FR Doc. 2017–19575 Filed 9–14–17; 8:45 am] governments and water districts. The
Participation is voluntary. BILLING CODE 4338–11–P Settlement Act and underlying
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![Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43401
agreements provide additional and consume at least 2,381 acre-feet as Secretary, U.S. International Trade
significant benefits to the Pueblos and part of the water supply for the Regional Commission, 500 E Street SW., Room
local communities, including federal Water System, including defining the 112, Washington, DC 20436, telephone
funding to help construct the Pojoaque conditions that will not constitute a (202) 205–2000. Hearing impaired
Basin Regional Water System and material adverse effect. individuals are advised that information
federal funding to establish the Aamodt (F) The State has enacted necessary on this matter can be obtained by
Pueblos Settlement Fund. The non- legislation and has provided funding as contacting the Commission’s TDD
federal Settlement Parties submitted a required under the Settlement terminal on (202) 205–1810. Persons
signed Settlement Agreement to Agreement. with mobility impairments who will
Congress prior to enactment of the (G) A partial final decree that sets need special assistance in gaining access
Settlement Act, which has been revised forth the water rights and other rights to to the Commission should contact the
and signed by the Settlement Parties water to which the Pueblos are entitled Office of the Secretary at (202) 205–
pursuant to the terms of the Settlement under the Settlement Agreement and the 2000. General information concerning
Act. In order for the Settlement Settlement Act and that substantially the Commission may also be obtained
Agreement to remain enforceable, nine conforms to the Settlement Agreement by accessing its internet server at
conditions precedent outlined in section has been approved by the Court. https://www.usitc.gov. The public
623 of the Settlement Act must be (H) A final decree that sets forth the record for this investigation may be
fulfilled by September 15, 2017. water rights for all parties to the Aamodt viewed on the Commission’s electronic
Case and that substantially conforms to docket (EDIS) at https://edis.usitc.gov.
Statement of Findings the Settlement Agreement has been FOR FURTHER INFORMATION CONTACT:
In accordance with section 623(a)(2) approved by the Court. Pathenia M. Proctor, The Office of
of the Settlement Act, I find as follows: (I) The waivers and releases described
(A) To the extent that the Settlement Unfair Import Investigations, U.S.
in section 624 of the Settlement Act
Agreement conflicted with the International Trade Commission,
have been executed.
Settlement Act, the Settlement telephone (202) 205–2560.
Agreement has been revised to conform Ryan K. Zinke, SUPPLEMENTARY INFORMATION:
with the Settlement Act. Secretary of the Interior. Authority: The authority for
(B) The Settlement Agreement, as [FR Doc. 2017–19541 Filed 9–14–17; 8:45 am] institution of this investigation is
revised, including waivers and releases BILLING CODE 4334–63–P contained in section 337 of the Tariff
pursuant to section 624 of the Act of 1930, as amended, 19 U.S.C. 1337
Settlement Act, has been executed by and in section 210.10 of the
the appropriate parties and the INTERNATIONAL TRADE Commission’s Rules of Practice and
Secretary. COMMISSION Procedure, 19 CFR 210.10 (2017).
(C) Congress has fully appropriated, Scope of Investigation: Having
or the Secretary has provided from other [Investigation No. 337–TA–1070] considered the complaint, the U.S.
authorized sources, all funds authorized International Trade Commission, on
Certain Periodontal Laser Devices and
by section 617 of the Settlement Act, September 8, 2017, ordered that—
Components Thereof Institution of (1) Pursuant to subsection (b) of
with the exception of subsection (a)(1)
Investigation section 337 of the Tariff Act of 1930, as
of that section.
(D) The Secretary has acquired and AGENCY: U.S. International Trade amended, an investigation be instituted
entered into appropriate contracts for Commission. to determine whether there is a
the water rights described in section ACTION: Notice. violation of subsection (a)(1)(A) of
613(a) of the Settlement Act. section 337 in the importation into the
(E) For purposes of section 613(a) of SUMMARY: Notice is hereby given that a United States, the sale for importation,
the Settlement Act, permits have been complaint was filed with the U.S. or the sale within the United States after
issued by the New Mexico State International Trade Commission on importation of certain periodontal laser
Engineer to the Pojoaque Basin Regional August 10, 2017, on behalf of devices and components thereof by
Water Authority (Authority) formed Millennium Dental Technologies, Inc. of reason of false advertising, the threat or
pursuant to section 9.5 of the Settlement Cerritos, California. A supplement was effect of which is to destroy or
Agreement to change the points of filed on August 18, 2017. The complaint substantially injure an industry in the
diversion to the mainstem of the Rio alleges violations based upon the United States;
Grande for the diversion and importation into the United States, the (2) Pursuant to Commission Rule
consumptive use of at least 2,381 acre- sale for importation, and the sale within 210.50(b)(1), 19 CFR 210.50(b)(1), the
feet by the Pueblos as part of the water the United States after importation of presiding administrative law judge shall
supply for the Regional Water System, certain periodontal laser devices and take evidence or other information and
subject to the conditions that (i) the components thereof by reason of false hear arguments from the parties and
permits are free of any condition that advertising, the threat or effect of which other interested persons with respect to
materially adversely affects the ability of is to destroy or substantially injure an the public interest in this investigation,
the Pueblos or the Authority to divert or industry in the United States. as appropriate, and provide the
use the Pueblo water supply described The complainant requests that the Commission with findings of fact and a
in section 613(a) of the Settlement Act, Commission institute an investigation recommended determination on this
including water rights acquired in and, after the investigation, issue a issue, which shall be limited to the
mstockstill on DSK30JT082PROD with NOTICES
addition to those described in section limited exclusion order and cease and statutory public interest factors set forth
613(a) of the Settlement Act, in desist orders. in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1)
accordance with section 613(g) of the ADDRESSES: The complaint, except for (3) For the purpose of the
Settlement Act; and (ii) the Settlement any confidential information contained investigation so instituted, the following
Agreement establishes the means to therein, is available for inspection are hereby named as parties upon which
address any permit conditions to ensure during official business hours (8:45 a.m. this notice of investigation shall be
the ability of the Pueblos to fully divert to 5:15 p.m.) in the Office of the served:
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Document Created: 2017-09-15 00:18:24
Document Modified: 2017-09-15 00:18:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This notice is applicable September 15, 2017. | |
| FR Citation | 82 FR 43400 |
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