[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]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

 

Fish and Wildlife Service Hydropower Policy

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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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 The Service Hydropower Policy issued in 1988 was rescinded 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