Section 4(e) Conditions for the Kerr Hydroelectric Project, Montana

DEPARTMENT OF THE INTERIOR

Office of the Secretary

Section 4(e) Conditions for the Kerr Hydroelectric Project,

Montana

AGENCY: Department of the Interior.

ACTION: Extension of Public Comment Period.

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SUMMARY: On November 22, 1994 (59 FR 60158), the Department of the

Interior published a notice of availability and a request for comment

regarding its proposed Section 4(e) conditions for the Kerr

Hydroelectric Project license. In an effort to allow more time for

public participation the Department is extending the comment period for

an additional 45 days. Pursuant to the Federal Power Act, 16 U.S.C.

797(e), the proposed conditions provide for the adequate protection and

utilization of the Flathead Indian Reservation and the Fish and

Wildlife Service administered Flathead Waterfowl Production Area.

DATES: The Department will consider all comments on the proposed

section 4(e) conditions received on or before February 6, 1995 in the

formulation of the Secretary's final section 4(e) conditions for the

Kerr Hydroelectric Project.

ADDRESSES: Comments should be sent to Anne Crichton, Department of the

Interior, Office of the Solicitor, 1849 C Street, NW., Mail Stop 6456,

Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Janice Schneider, Department of the Interior, Office of the Solicitor,

1849 C Street, NE., Mail Stop 6456, Washington, DC 20240, 202-208-6967.

SUPPLEMENTARY INFORMATION: The November 22, 1994 (59 FR 60158) notice

of availability and request for comment provided a 30 day period during

which the Department would receive comments regarding its proposed

Section 4(e) conditions for the Kerr Hydroelectric Project. Pursuant to

the Federal Power Act, 16 U.S.C. 797(e), the proposed conditions

provide for the adequate protection and utilization of the Flathead

Indian Reservation and the Fish and Wildlife Service administered

Flathead Waterfowl Production Area. The proposed conditions for the

Flathead Indian Reservation provide for the imposition of a base load

operational scenario at the Kerr Project. This operational scenario

precludes the use of Kerr Dam as a load regulating or peak power

generation facility, and requires minimum flows, certain restrictions

on flow fluctuations (ramping rates), and a two year ramping rate

study. In addition, the proposed conditions provide for non-operational

measures designed to protect and provide for adequate utilization of

the Flathead Indian Reservation in conjunction with operational

measures. The non-operational measures include the development of a

Fish and Wildlife Implementation Strategy, development of an

operational rule curve, habitat acquisition, habitat development,

fishery supplementation and reintroduction, development of recreational

resources, and the identification and protection of cultural resources

on the Flathead Indian Reservation. The proposed conditions for the

Flathead WPA provide for the imposition of erosion control on the north

shore of Flathead Lake and the upper Flathead River, island

restoration, and habitat acquisition and development. The costs of all

measures will be borne by the project licensees.

The deadline for comment on the proposed Section 4(e) conditions is

extended for 45 days by this notice. The comment period, which began on

November 22, 1994, therefore, consists of a total of 75 days. All

comments are due to the Department on or before February 6, 1995. In

addition, the Department will be making available two technical reports

that further support the proposed Section 4(e) conditions, the ``Kerr

Hydro-electric Project Report'' by Stetson Engineers, Inc., and ``An

Evaluation of the Wildlife Components of the Kerr Dam Project

Mitigation and Management Plan and Recommended Section 4(e) Articles''

by BioSystems Analysis, Inc. The proposed conditions and the above

referenced reports are available for review and copying at the

Department of the Interior, 1849 C Street, NW., Washington, DC in room

6443. Copies of the proposed Section 4(e) conditions and the above

referenced reports will be made available to all interested parties

upon request.

Dated: December 12, 1994.

Willie R. Taylor,

Acting Director, Office of Environmental Policy and Compliance.

[FR Doc. 94-31045 Filed 12-16-94; 8:45 am]

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