[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Notices]
[Pages 42054-42055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15628]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Drought Management Plan for Operation of the Kerr 
Hydroelectric Project, Flathead Lake, MT

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of intent and public scoping meeting.

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SUMMARY: This notice advises the public that the Bureau of Indian 
Affairs (BIA), intends to gather information necessary for preparing an 
Environmental Impact Statement (EIS) for a proposed drought management 
plan relating to operation of the Kerr Hydroelectric Project, Flathead 
Lake, Montana. This notice also announces public meetings to determine 
the scope of issues to be addressed in the EIS.
    The purpose of this notice is to obtain suggestions and information 
from other agencies and the public on the scope of issues to be 
addressed in the EIS. Comments and participation in this scoping 
process are encouraged.

DATES: Meeting Dates--
    1. July 9, 2002, from 6:30 p.m. to 9:30 p.m., Kalispell, Montana.
    2. July 10, 2002, from 6:30 p.m. to 9:30 p.m., Charlo, Montana.
    Comment Dates: Comments on the scope and implementation of this 
proposal must be received before July 26, 2002.

ADDRESSES: Mail or hand deliver written comments to Jeffery Loman, 
Chief, Division of Natural Resources, Office of Trust Responsibilities, 
Bureau of Indian Affairs, MS-3061, 1849 C Street NW., Washington, DC 
20240. You may also fax comments to Chief, Division of Natural 
Resources, (202) 219-0006 or (202) 219-1255.
    The first meeting will be held at the West Coast Outlaw Hotel, 1701 
Highway 93 South, Kalispell, Montana.
    The second meeting will be held at the Nine Pipes Lodge, 4100 
Highway 93, Charlo, Montana.

FOR FURTHER INFORMATION CONTACT: Jeffery Loman, Chief, Division of 
Natural Resources, Office of Trust Responsibilities, Bureau of Indian

[[Page 42055]]

Affairs, MS: 3061, 1849 C St., NW., Washington, DC 20240, (202) 208-
7373.

SUPPLEMENTARY INFORMATION: Flathead Lake is the largest natural fresh 
water lake in the western United States. It is home to the Confederated 
Salish and Kootenai Tribes of the Flathead Nation, whose Reservation 
encompasses an area including approximately the southern half of 
Flathead Lake. Flathead Lake is regulated by the operation of Kerr Dam, 
located at River Mile 72.0 at Polson, Montana. The Kerr Dam and 
Hydroelectric Project is located inside the exterior boundaries of the 
Flathead Indian Reservation and operates under a joint license issued 
by FERC on July 17, 1985 to PPL Montana, LLC, successor-in-interest to 
the Montana Power Company, and the Confederated Salish and Kootenai 
Tribes. The license has been amended several times since initial 
issuance.
    Section 4(e) of the Federal Power Act authorizes the Secretary of 
the Interior to include conditions in hydropower licenses for the 
protection and utilization of Indian reservations. Under this 
authority, the Secretary of the Interior required that certain articles 
be included in the Kerr Project license for the protection and 
utilization of the Flathead Indian Reservation. Among these license 
articles are Article 56, which requires minimum instream flow rates for 
the protection of fisheries and other resources in the Lower Flathead 
River below Kerr Dam and Article 60, which requires the development and 
implementation of a drought management plan.
    In addition, as set forth in Article 43, the Kerr Project is 
currently operated for flood control according to a 1962 Memorandum of 
Understanding, as amended, between PPL Montana, LLC, successor-in-
interest to the Montana Power Company, and the U.S. Army Corps of 
Engineers.
    During low water years, conflicts may occur between the minimum 
instream flow requirements of Article 56 and these flood control 
requirements. The drought management plan required by Article 60 is to 
resolve such potential conflicts.
    The proposed action is to meet the requirements of Article 60 of 
the Kerr Hydroelectric Project license, issued by the Federal Energy 
Regulatory Commission (FERC). Article 60 calls for the development and 
implementation of a drought management plan by the licensees in 
consultation with the U.S. Army Corps of Engineers, U.S. Bureau of 
Reclamation, Bureau of Indian Affairs and Montana Department of 
Environmental Quality. Article 60 also requires that the drought 
management plan include a re-evaluation and adjustment of flood control 
requirements and other provisions necessary for compliance with lower 
Flathead River minimum instream flow mandates. PPL Montana, LLC, 
current operator of the Kerr Project, submitted a proposed drought 
management plan to the Secretary of the Interior on March 4, 2002. 
Under Article 60, the Secretary of the Interior has the authority to 
reject, modify, or otherwise alter the proposed drought management 
plan.
    The Bureau of Indian Affairs has been delegated the responsibility 
to serve as the Lead Agency for National Environmental Policy Act 
compliance in connection with the proposed drought management plan. 
Issues to be addressed in the environmental analysis include, but are 
not limited to, hydroelectric power production, recreation, tourism, 
irrigation and farming, treaty-protected fisheries, biological 
resources, wildlife habitat, and Indian traditional and cultural 
properties and resources.
    Alternatives to the proposed drought management plan to be examined 
in the EIS may include a variety of measures, such as adjustments to 
flood control rule curves, implementation of advanced climate 
prediction initiatives, and deviation from minimum instream flow 
requirements. The range of environmental issues and alternatives will 
be further developed based upon comments received during the scoping 
process.

Authority

    This notice is published in accordance with section 1501.7, Council 
on Environmental Quality Regulations (40 CFR Parts 1500 through 1508) 
implementing the procedural requirements of the National Environmental 
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) and the 
Department of the Interior Manual (516 DM 1.6) and is within the 
exercise of authority delegated to the Assistant Secretary--Indian 
Affairs by 209 DM 8.1.

    Dated: June 17, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-15628 Filed 6-19-02; 8:45 am]
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