Notice of Intent To Prepare a Supplemental Environmental Impact Statement for December 2007 Record of Decision Entitled Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations For Lake Powell and Lake Mead
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Abstract
The Secretary of the Interior has directed the Bureau of Reclamation (Reclamation) to prepare a Supplemental Environmental Impact Statement (SEIS). The Supplement is to the December 2007 Record of Decision entitled Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead (2007 Interim Guidelines). The Secretary is directing this action because the existing operating guidelines are insufficient given current hydrology and reservoir conditions and in light of plausible low runoff conditions in the Colorado River Basin over the next four years. Through this Federal Register notice, Reclamation is providing an overview of the purpose and need for the SEIS, as well as its anticipated approach and timeframe for decisions on revised operating guidelines for Lake Powell and Lake Mead.
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69042-69045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25004]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR03010000, 22XR0680A1, RX.18786000.5009000]
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement for December 2007 Record of Decision Entitled Colorado River
Interim Guidelines for Lower Basin Shortages and Coordinated Operations
For Lake Powell and Lake Mead
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of intent; overview of proposed approach; request for
comments.
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SUMMARY: The Secretary of the Interior has directed the Bureau of
Reclamation (Reclamation) to prepare a Supplemental Environmental
Impact Statement (SEIS). The Supplement is to the December 2007 Record
of Decision entitled Colorado River Interim Guidelines for Lower Basin
Shortages and Coordinated Operations for Lake Powell and Lake Mead
(2007 Interim Guidelines). The Secretary is directing this action
because the existing operating guidelines are insufficient given
current hydrology and reservoir conditions and in light of plausible
low runoff conditions in the Colorado River Basin over the next four
years. Through this Federal Register notice, Reclamation is providing
an overview of the purpose and need for the SEIS, as well as its
anticipated approach and timeframe for decisions on revised operating
guidelines for Lake Powell and Lake Mead.
DATES: This Federal Register notice initiates the public-scoping
process for the SEIS. Reclamation requests that the public submit
comments concerning the scope of the analysis, potential alternatives,
and identification of relevant information, and studies on or before
December 20, 2022.
Reclamation will host two public webinars to summarize the content
and purpose of this Federal Register notice and to receive oral
comments:
<bullet> Tuesday, November 29, 2022, 10:00 a.m. to 12:00 p.m. MST.
<bullet> Friday, December 2, 2022, 11:00 a.m. to 1:00 p.m. MST.
ADDRESSES: Send written comments or questions regarding the proposed
SEIS to Reclamation 2007 Interim Guidelines SEIS Project Manager, Upper
Colorado Basin Region, 125 South State Street, Suite 8100, Salt Lake
City, Utah 84138; or by email to <a href="/cdn-cgi/l/email-protection#a3e0f1cacdd7c6d1caceccd3d0e3d6d0c1d18dc4ccd5"><span class="__cf_email__" data-cfemail="e1a2b3888f958493888c8e9192a194928393cf868e97">[email protected]</span></a>.
<bullet> The virtual meeting held on Tuesday, November 29, 2022,
may be accessed at: <a href="https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_MWIyNmE5MjYtMDU3Ny00M2NlLWI4MWUtOTk2NjQ0YzhjZWUz%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25220693b5ba-4b18-4d7b-9341-f32f400a5494%2522%252c%2522Oid%2522%253a%2522388b569b-9117-49f0-b6f1-cd12ff0587b0%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=c4bdcf7e-39d2-40e8-9fee-98e31f947360&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true">https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_MWIyNmE5MjYtMDU3Ny00M2NlLWI4MWUtOTk2NjQ0YzhjZWUz%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25220693b5ba-4b18-4d7b-9341-f32f400a5494%2522%252c%2522Oid%2522%253a%2522388b569b-9117-49f0-b6f1-cd12ff0587b0%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=c4bdcf7e-39d2-40e8-9fee-98e31f947360&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true</a>.
<bullet> The virtual meeting held on Friday, December 2, 2022, may
be accessed at: <a href="https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODRjNWM1MzAtNmI4Zi00MDVkLWJlYjMtMzcxOGQwYWQ3ZjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%220693b5ba-4b18-4d7b-9341-f32f400a5494%22%2c%22Oid%22%3a%22388b569b-9117-49f0-b6f1-cd12ff0587b0%22%7d">https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODRjNWM1MzAtNmI4Zi00MDVkLWJlYjMtMzcxOGQwYWQ3ZjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%220693b5ba-4b18-4d7b-9341-f32f400a5494%22%2c%22Oid%22%3a%22388b569b-9117-49f0-b6f1-cd12ff0587b0%22%7d</a>.
For more information regarding the proposed SEIS and the virtual
meetings, go to <a href="https://www.usbr.gov/ColoradoRiverBasin/SEIS.html">https://www.usbr.gov/ColoradoRiverBasin/SEIS.html</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Dedina Williams, Bureau of
Reclamation, Lower Colorado Basin Region, at (702) 293-8010, or by
email at <a href="/cdn-cgi/l/email-protection#51353726383d3d38303c2211242233237f363e27"><span class="__cf_email__" data-cfemail="e58183928c89898c848896a590968797cb828a93">[email protected]</span></a>; or Ms. Marcie Bainson, Bureau of
Reclamation, Upper Colorado Basin Region, at (801) 524-3604, or by
email at <a href="/cdn-cgi/l/email-protection#38555a5951564b5756784d4b5a4a165f574e"><span class="__cf_email__" data-cfemail="cea3acafa7a0bda1a08ebbbdacbce0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document provides notice that
Reclamation intends to prepare an SEIS and a modified Record of
Decision for the 2007 Interim Guidelines. Reclamation is issuing this
Federal Register notice pursuant to the National Environmental Policy
Act of 1969, as amended (NEPA), 42 U.S.C. 4321 et seq.; the Council on
Environmental Quality's (CEQ) regulations for implementing NEPA, 43 CFR
parts 1500 through 1508; and the Department of the Interior's NEPA
regulations, 43 CFR part 46. The Record of Decision for the 2007
Interim Guidelines is available at 73 FR 19873 (April 11, 2008).
Background
On August 16, 2022, the Department of the Interior announced:
``Prolonged drought and low runoff conditions accelerated by climate
change have led to historically low water levels in Lakes Powell and
Mead. Over the last two decades, Department leaders have engaged with
Colorado River Basin partners on various drought response operations.
However, given that water levels continue to decline, additional action
is needed to protect the System.'' Recognizing that the Colorado River
Basin is facing unprecedented risks, the development of revised
operating guidelines for Lake Powell and Lake Mead represents one of
many Departmental efforts underway to respond to the rapidly changing
conditions in the Basin in order to better protect the System.
(Available at <a href="https://www.doi.gov/pressreleases/interior-department-announces-actions-protect-colorado-river-system-sets-2023">https://www.doi.gov/pressreleases/interior-department-announces-actions-protect-colorado-river-system-sets-2023</a>).
[[Page 69043]]
In a Federal Register notice published on June 24, 2022 (87 FR
37884), the Bureau of Reclamation noted the dire circumstances facing
the Colorado River 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.'' The June 24,
2022, Federal Register notice requested public input prior to
initiating a scoping process on the proposed development of post-2026
Colorado River Operational Strategies for Lake Powell and Lake Mead
Under Historically Low Reservoir Conditions. The SEIS announced in
today's Federal Register notice does not interfere with, supplant, or
supersede that separate post-2026 guidelines development process.
Rather, this SEIS will inform and complement the development of post-
2026 guidelines. Further, the dire hydrologic and climate conditions
described in the June 2022 Federal Register notice also inform the need
for the SEIS efforts announced in today's Federal Register notice.
In the June 2022 Federal Register notice, the Department
anticipated the potential for the process initiated in this document:
``While previous actions, especially the DCP [in 2019], were intended
to preserve Reclamation's ability to undertake post-2026 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.'' 87 FR 37888 (June 24, 2022).
Over the past two years, the Department has undertaken a number of
unprecedented actions to respond to the historic drought and low-runoff
conditions in the basin that are being exacerbated by higher
temperatures and the impacts of climate change. In particular, in both
2021 and 2022, additional releases from upstream reservoirs have been
implemented to enhance water elevations at Lake Powell. In 2022,
Reclamation implemented modifications to monthly releases from Glen
Canyon Dam, and also reduced downstream annual volume releases by
480,000 acre-feet.
Furthermore, on October 20, 2022, the National Oceanic and
Atmospheric Administration's Climate Prediction Center issued its U.S.
Winter Outlook for the December 2022-Febuary 2023 period finding: ``The
greatest chances for drier-than-average conditions are forecast in
portions of California, the Southwest, the southern Rockies,'' and
``[w]idespread extreme drought continues to persist across much of the
West, the Great Basin, and central-to-southern Great Plains.''
(Available at <a href="https://www.noaa.gov/news-release/us-winter-outlook-warmer-drier-south-with-ongoing-la-nina">https://www.noaa.gov/news-release/us-winter-outlook-warmer-drier-south-with-ongoing-la-nina</a>).
The Department currently lacks analyzed alternatives and measures
that may be necessary to address such projected conditions. Recognizing
the risks facing the Colorado River Basin, the Department has concluded
that immediate development of additional operational alternatives and
measures for Lake Powell and Lake Mead are necessary to ensure
continued ``operations that are prudent or necessary for safety of
dams, public health and safety, other emergency situations . . . 2007
Interim Guidelines at Section 7.D,'' published at 73 FR 19892 (April
11, 2008).
Through this Federal Register notice, Reclamation is initiating
efforts to revise operating guidelines for the operation of Glen Canyon
and Hoover Dams in 2023 and 2024 operating years in order to address
the potential for continued low-runoff conditions in the Colorado River
Basin. Reclamation has concluded that the potential impacts of low
runoff conditions in the coming winter (2022-23) pose unacceptable
risks to routine operations of Glen Canyon and Hoover Dams during the
interim period (prior to Jan. 1, 2027) and, accordingly, modified
operating guidelines need to be expeditiously developed. Development of
modified operating guidelines will also inform potential operations in
the 2025 and 2026 operating years; however, due to the critically low
current reservoir conditions, and the potential for worsening drought,
the Department recognizes that operational strategies for 2023-2024 may
need to be further revisited for subsequent operating years. Given the
potential risks to infrastructure and public health and safety, the
Department will promptly identify and analyze modified operating
guidelines to address current and foreseeable hydrologic conditions.
Purpose and Need
The purpose of the SEIS is to supplement the EIS completed in 2007
for the 2007 Interim Guidelines in order to modify operating guidelines
for the operation of Glen Canyon and Hoover Dam to address historic
drought and low runoff conditions in the Colorado River Basin. The need
for the revised operating guidelines is based on the potential that
continued low runoff conditions in the Colorado River Basin could lead
Glen Canyon Dam to decline to critically low elevations impacting both
water delivery and hydropower operations in 2023 and 2024. In order to
ensure that Glen Canyon Dam continues to operate under its intended
design, Reclamation may need to modify current operations and reduce
Glen Canyon Dam downstream releases, thereby impacting downstream
riparian areas and reservoir elevations at Lake Mead. Accordingly, in
order to protect Hoover Dam operations, system integrity, and public
health and safety, Reclamation also may need to modify current
operations and reduce Hoover Dam downstream releases. Such revised
Hoover Dam operations would, among other issues, address Section 7.B.4
of the 2007 Interim Guidelines as well as the commitments set forth in
Section V.B.2 of Exhibit 1 to the Lower Basin Drought Contingency Plan
Agreement (2019). Both the 2007 Interim Guidelines and the 2019 DCP
contemplate the need for additional measures to protect Lake Mead
elevations, with the DCP adding the commitment of participating Lower
Basin DCP parties to ``individual and collective action in the Lower
Basin to avoid and protect against the potential
[[Page 69044]]
for the elevation of Lake Mead to decline to elevations below 1,020
feet.'' As noted above, Section 7.D of the 2007 Interim Guidelines
contemplates that modified operating provisions may be required if
``extraordinary circumstances arise. Such circumstances could include
operations that are prudent or necessary for safety of dams, public
health and safety, other emergency situations, or other unanticipated
or unforeseen activities arising from actual operating experience.''
The Department finds that such circumstances exist at this time.
Preliminary Proposed Action--Overview
Reclamation anticipates proposing modifications for the 2023 and
2024 period, and potentially for subsequent years, to the following
sections of the 2007 Interim Guidelines published at 73 FR 19881 (April
11, 2008):
Section 2. Determination of Lake Mead Operation During the Interim
Period Reclamation anticipates revising Section 2.D (``Shortage
Conditions''), including potential modifications to Sections 2.D.1.b
and 2.D.1.c to decrease the quantity of water that shall be apportioned
for consumptive use in the Lower Division States (Arizona, California,
and Nevada). Any modifications to these sections would be based on
current and anticipated reservoir and hydrologic conditions in the
Colorado River Basin, including any potential modifications to Glen
Canyon Dam operations pursuant to this SEIS.
Section 6. Coordinated Operation of Lake Powell and Lake Mead During
the Interim Period
Reclamation anticipates revising Sections 6.C (``Mid-Elevation
Release Tier'') and 6.D (``Lower Elevation Balancing Tier'') to modify
and/or reduce the quantity of water released from Glen Canyon Dam. Any
modifications to these sections would be based on current and
anticipated reservoir and hydrologic conditions in the Colorado River
Basin, including any potential modifications to Hoover Dam operations
pursuant to this SEIS.
Section 7. Implementation of Guidelines
Reclamation anticipates revising Section 7.C (``Mid-Year Review) to
allow for potential determinations in a mid-year review that would
allow for reduced deliveries from Lake Mead pursuant to Section 2 of
the 2007 Interim Guidelines.
The foregoing potential modifications to the 2007 Interim
Guidelines are presented in this Federal Register notice only as a
preliminary overview of the Proposed Action. Reclamation will carefully
review the 2007 Interim Guidelines and will formally publish a Proposed
Action in its forthcoming Draft SEIS, which is anticipated to be
published in Spring 2023.
Preliminary Alternatives--Overview
For purposes of the NEPA process for the SEIS, Reclamation
anticipates three primary alternatives will be considered:
<bullet> No Action--The No Action Alternative will describe the
continued implementation of existing agreements that control operations
of Glen Canyon and Hoover Dams. These include 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). Reclamation notes that intensive
efforts are underway to facilitate water conservation actions in the
Basin under a number of programs, including the recent Congressional
prioritization of funding through 2026 for drought mitigation in
western states, with priority given to the Colorado River Basin and
other basins experiencing comparable levels of long-term drought.
Public Law 117-169, at Sec. 50233 (Aug. 16, 2022). The ongoing
implementation and effectiveness of these efforts will inform the
assessment of existing operations and agreements.
<bullet> Framework Agreement Alternative--This alternative would be
developed as an additional consensus-based set of actions that would
build on the existing framework for Colorado River Operations. This
Alternative would likely build on commitments and obligations developed
by the Basin States, Basin Tribes, and non-governmental organizations
that were included in the 2019 DCP. This alternative would facilitate
implementation of Section 7.B.2 of the 2007 Interim Guidelines.
<bullet> Reservoir Operations Modification Alternative--This
alternative would be developed by Reclamation as a set of actions and
measures adopted pursuant to Secretarial authority under applicable
federal law. This alternative would likely be developed based on the
Secretary's authority under federal law to manage Colorado River
infrastructure, as necessary, and would consider any inadequacies or
limitations of the consensus-based framework considered in the above
alternative. This alternative would consider how the Secretary's
authority could complement a consensus-based alternative that may not
sufficiently mitigate current and projected risks to the Colorado River
System reservoirs.
This Federal Register notice presents the foregoing potential
alternatives only as a preliminary overview of the alternatives that
will be analyzed in the DEIS. For planning purposes, Reclamation's
analysis will assume that additional releases pursuant to the Drought
Response Operating Agreement (DROA) will be administered according to
the terms approved in the DCP Act, and that Reclamation will
simultaneously pursue system conservation actions in the Upper and
Lower Basins. Through the scoping process, Reclamation welcomes public
input on how human health and safety considerations can be more
expressly integrated into Colorado River operational decision-making,
both in this SEIS and other future decision-making processes.
Reclamation will carefully review the appropriate range of alternatives
for review and will include appropriate alternatives for consideration
in its forthcoming Draft SEIS, which is anticipated to be published in
Spring 2023.
Summary of Expected Impacts
The SEIS will evaluate reasonably foreseeable impacts from proposed
modifications to the 2007 Interim Guidelines. Impacts are not fully
known at this time; impact analysis will build upon and utilize
information described in the 2007 Final EIS and subsequent relevant
analyses. The analysis in the SEIS may consider potential effects on
wildlife, threatened and endangered species habitat, recreation, water
supplies (agricultural, municipal, environmental), water resources, air
quality, cultural resources, hydropower resources, social and economic
conditions, and other resources and uses. Reclamation will use an
interdisciplinary approach that incorporates the expertise of
specialists in the relevant resource fields.
Schedule for the Decision-Making Process
Reclamation will provide additional opportunities for public
participation consistent with the NEPA process, including an
anticipated 45-day comment period on the draft SEIS. The draft SEIS is
anticipated to be available for public review in Spring 2023 and the
final SEIS is anticipated to be available with a Record of Decision, as
appropriate, in late Summer 2023. This schedule will allow decisions to
become effective for 2023-24 operations. During this process, the
Secretary retains all
[[Page 69045]]
applicable authority to operate Colorado River facilities to respond to
emergency or other unforeseen conditions.
Lead and Cooperating Agencies
The Secretary is responsible for the operation of Glen Canyon Dam
and Hoover Dam pursuant to applicable federal law. The Secretary is
also vested with the responsibility of managing the mainstream waters
of the lower Colorado River pursuant to federal law. This
responsibility is carried out consistent with the body of compacts,
treaties, statutes and other legal documents commonly referred to as
``the Law of the River.'' Reclamation, as the agency that is designated
to act on the Secretary's behalf with respect to these matters, is the
lead federal agency for the purposes of NEPA compliance for the
development and implementation of the proposed SEIS interim guidelines.
During the preparation of the 2007 Interim Guidelines, five federal
agencies were cooperating agencies for purposes of assisting with
environmental analysis and preparation of the Final EIS. These
cooperating agencies were the Bureau of Indian Affairs (BIA), the
United States Fish and Wildlife Service (FWS), the National Park
Service (NPS), Western Area Power Administration (Western), and the
United States Section of the International Boundary and Water
Commission (USIBWC). Reclamation anticipates inviting these same five
agencies to serve as cooperating agencies for the purpose of this SEIS.
Reclamation is committed to continue to work with the USIBWC to ensure
that efforts under this SEIS are communicated and coordinated with the
Republic of Mexico with the goal of continued alignment of operations
and responsive actions in both the U.S. and Mexico.
Responsible Official
Consistent with the process and final determinations reached for
the 2007 Interim Guidelines, the Secretary of the Interior is the
deciding official for this undertaking.
Nature of Decision To Be Made
The Department anticipates the nature of the decision to be made
will be revised reservoir operating guidelines, pursuant to appropriate
revisions of the Record of Decision for the 2007 Interim Guidelines,
for the operation of Glen Canyon and Hoover Dams in 2023 and 2024
operating years, and potentially subsequent years if necessary and
appropriate, in order to address the likelihood for continued low-
runoff conditions in the Colorado River Basin based on the best
available scientific and technical information.
Additional Information
As noted in the June 2022 Federal Register notice, Reclamation
anticipates initiating a NEPA process to develop the post-2026
operational strategies through a Federal Register notice of intent to
prepare an EIS in early 2023. Nothing in today's Federal Register
notice supersedes or displaces Reclamation's efforts in that upcoming
process.
This SEIS addressing modified operating guidelines for the period
prior to 2026 is necessary to address the unacceptably high risks
facing the Colorado River Basin between now and the post-2026 period.
Current conditions warrant the flexibility to modify operations before
the post-2026 operational strategies are thoroughly identified,
analyzed and ultimately adopted. In addressing operations for 2023-24,
Reclamation is committed to using the best available information to
develop near-term operating guidelines while longer-term approaches are
developed. Reclamation anticipates using the work and analysis from
this SEIS process to also inform operating guidelines for the 2025-26
period, which will also undergo any additional NEPA analysis as
required. Lastly, separate from the development of the SEIS,
Reclamation anticipates publishing an informational report in 2023
addressing potential methodologies to support assessments for
evaporation, seepage and other system losses in the Colorado River
Basin in future years. This information will assist in development of
potential interim measures as well as the post-2026 operational
strategies.
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.
Tommy P. Beaudreau,
Deputy Secretary, Department of the Interior.
[FR Doc. 2022-25004 Filed 11-16-22; 8:45 am]
BILLING CODE 4332-90-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.