[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 92-18667] [[Page Unknown]] [Federal Register: August 1, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Fish and Wildlife Service Hydropower Policy AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Based on an internal review and on public comments received in response to a January 10, 1990, Federal Register notice, the Fish and Wildlife Service (Service) determined that a national policy specifically directed toward non-Federal hydropower projects was not necessary. The Service Hydropower Policy issued in 1988 was rescinded on June 1, 1994. Other Servicewide policies, specifically the Mitigation Policy published in a Federal Register notice of January 23, 1981, will continue to apply to Service activities which evaluate impacts of land and water development projects, including non-Federal hydropower projects. DATES: The Hydropower Policy rescission became effective June 1, 1994. FOR FURTHER INFORMATION CONTACT:Marge Kolar, Chief, Branch of Federal Activities, U.S. Fish and Wildlife Services, MS 400 ARLSQ, 1849 C Street, N.W., Washington, D.C. 20240, (703) 358-2183. SUPPLEMENTARY INFORMATION: On July 25, 1988, the Service issued a hydropower policy intended to provide guidance on the role of the Service in the planning and development of non-Federal hydropower projects. In a Federal Register notice of January 10, 1990, the Service requested comments on its role in the Federal Energy Regulatory Commission's (FERC) hydropower licensing program, as it relates to provisions of the Electric Consumers Protection Act of 1986 (Pub. L. 99-495). That notice specifically requested comments on the need for Servicewide hydropower policy and on the scope and content of such a policy. The Service received 54 comment letters from Federal and State agencies, organizations, and individuals. Only a minority of these letters specifically identified a need for a national policy. Of these, several expressed a need for consistent national approach from the Service's decentralized organization toward hydropower project recommendations, particularly during 1990 to 1993, when a large number of projects were due to be relicensed. Other commentors recommended that the Service concentrate its efforts on relicensing consultations and on the new FERC consultation regulations rather than on preparing a new hydropower policy. The Service agrees with the need for a consistent national approach and with the recommendations for focusing on consultations and regulations. Specifically, the Service agrees with the many other commentors who suggested that the Service's Mitigation Policy, which was developed for all types of land and water development projects and published in the January 23, 1981 Federal Register, provides sufficient information and more detailed guidance for Service biologists and hydropower developers. The Service believes that the Mitigation Policy provides a consistent national approach for reviewing hydropower projects across the country. Althogh not specifically requested, many letters commented on the Service's 1988 hydropower policy. One concern identified was that the policy was not consistent with the Electric Consumers Protection Act of 1986, which directs FERC to include license conditions that ``protect, mitigate damages to, and enhance'' fish and wildlife resources. The Service's 1988 policy discussed only mitigation and enhancement, and not protection. Many concerns were also expressed regarding the definitions of mitigation and enhancement, particularly as related to relicensing issues. Confusion over the interpretation of these terms has led to inconsistent approaches to mitigation planning at non- Federal hydropower projects. Most commentors recommended that, if a policy was determined to be necessary, major alterations should be made to the Service's 1988 hydropower policy. Because of the broad spectrum of comments received from within and without the Service, and the lack of need for a specific Servicewide hydropower policy, the Service rescinded its 1988 hydropower policy on June 1, 1994. The Service's Mitigation Policy will continue to apply to Service activities on land and water development projects, including non-Federal hydropower projects. The Service will also continue to develop or modify technical guidelines for staff biologists in reviewing hydropower projects. Dated: July 11, 1994. Mollie H. Beattie, Director. [FR Doc. 92-18667 Filed 7-29-92; 8:45 am] BILLING CODE 4310-55-M