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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-2598

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 2, 1995
- **Citation:** 60 FR 6549

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-2598. Public record. Not legal advice.