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. The public comment period was

subsequently extended on December 19, 1994 (59 FR 65379). In an effort

to allow more time for public participation the Department is extending

the comment period through March 7, 1995. Pursuant to the Federal Power

Act, 16 U.S.C. 797(e), the proposed Section 4(e) conditions provide for

the adequate protection and utilization of the Flathead Indian

Reservation and the Flathead Waterfowl Production Area administered by

the Fish and Wildlife Service.

DATES: The Department will consider all comments on the proposed

Section 4(e) conditions received on or before March 7, 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.

[[Page 6550]]

FOR FURTHER INFORMATION CONTACT: Janice Schneider, Department of the

Interior, Office of the Solicitor, 1849 C Street NW., 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 Section 4(e)

conditions provide for the adequate protection and utilization of the

Flathead Indian Reservation and the Flathead Waterfowl Production Area

administered by the Fish and Wildlife Service. 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,\1\ habitat

development, fishery supplementation and reintroduction, development of

recreational resources, and the identification and projection of

cultural resources on the Flathead Indian Reservation. The proposed

conditions for the Flathead Waterfowl Production Area 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.

\1\The habitat acquisition component of the proposed Section

4(e) conditions has recently been amended.

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On December 19, 1994, the Department extended the public comment

period and announced the availability of two technical documents that

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. Due to unforeseen delays in the public release of the report

entitled ``An Evaluation of the Wildlife Components of the Kerr Dam

Project Mitigation and Management Plan and Recommended Section 4(e)

Articles,'' the Department is extending the public comment period until

March 7, 1995. The comment period, which began on November 22, 1994,

therefore, consists of a total of 105 days. All comments are due to the

Department on or before March 7, 1994. 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: January 30, 1995.

Willie R. Taylor,

Director, Office of Environmental Policy and Compliance.

[FR Doc. 95-2598 Filed 2-1-95; 8:45 am]

BILLING CODE 4310-02-M