[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Notices]
[Pages 6549-6550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2598]



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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