[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34901-34902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5444]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Intent To Prepare Draft Environmental Impact Statement for the 
Proposed Implementation of Interim Water Storage Contracts Associated 
With the Southeastern Federal Power Customers Settlement Agreement, at 
Lake Sidney Lanier/Buford Dam, GA

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION:  Notice of intent.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (Corps), Mobile District, 
intends to prepare a Draft Environmental Impact Statement (EIS), as 
required by the National Environmental Policy Act (NEPA), to address 
the proposed implementation of interim water storage contracts at Lake 
Sidney Lanier/Buford Dam, GA, as contained in a settlement agreement 
associated with the Southeastern Federal Power Customers, Inc. (SeFPC) 
v. Secretary of the Army, et al. (1:00CV02954-TPJ) lawsuit. The Draft 
EIS will also address any changes in water management operations at the 
reservoir project, as well as the potential for other changes to 
operations in downstream reservoir projects, which would result from 
implementation of the settlement agreement.

FOR FURTHER INFORMATION CONTACT: Questions about this Draft EIS or the 
NEPA process can be answered by: Ms. Joanne Brandt, Environmental 
Compliance Manager, Inland Environment Team, U.S. Army Engineer 
District-Mobile, Post Office Box 2288, Mobile, AL 36628-0001; Telephone 
(251) 690-3260; or delivered by electronic facsimile at (251) 694-3815; 
or e-mail: [email protected]. You may also request to 
be included on the mailing list for public distribution of meeting 
announcements and documents.

SUPPLEMENTARY INFORMATION: Background. On December 13, 2000, litigation 
was filed by the SeFPC, Inc.

[[Page 34902]]

(1:00CV02954-TPJ) in the U.S. District Court for District of Columbia, 
challenging the validity of Corps actions in connection with water 
withdrawals from Lake Lanier and alleging the water withdrawals 
adversely affected hydropower generation. A settlement agreement was 
reached in the SeFPC litigation which involves a proposal to implement 
interim water storage contracts at Lake Lanier and prescribed payments 
by the water supply users for interim storage amounts, and credits for 
hydropower generation foregone. The Corps has been prohibited from 
implementing the settlement agreement until recent court decisions 
removed those prohibitions. In a ruling on January 20, 2006, the U.S. 
District Court for the District of Columbia granted the SeFPC motion to 
stay the lawsuit for a sufficient amount of time to allow the Corps to 
complete the NEPA process for the proposed implementation of the 
settlement agreement.
    Accordingly, the Corps is proceeding to fulfill its obligations 
under NEPA and to comply with other terms of the settlement agreement. 
The first step of this compliance process is the initiation of a draft 
EIS to address the proposed implementation of the settlement agreement. 
The EIS will address the impacts expected to result from implementation 
of the settlement agreement together with any operational changes that 
may be required for its implementation.
    Public participation throughout the NEPA process is essential. The 
Corps invites full public participation to promote open communication 
and better decision making. All persons, stakeholders, and 
organizations that have an interest in the water allocation formulas, 
including minority, low-income, disadvantaged and Native American 
groups, are urged to participate in this NEPA environmental analysis 
process. Assistance will be provided upon request to anyone having 
difficulty with understanding how to participate. Scoping meetings are 
planned and tentatively scheduled for later this summer. Dates and 
locations for public scoping meetings will be announced by future 
publication in the Federal Register and in the local news media. 
Tentative dates for publication of the draft EIS and other 
opportunities for public involvement will also be announced at that 
time. Public comments are welcomed anytime throughout the NEPA process.
    Cooperating Agencies. The lead responsibility for this EIS rests 
with the Corps. The Corps intends to coordinate and/or consult with an 
interagency team of Federal and State agencies during scoping and 
preparation of the draft EIS. Each of these agencies will provide their 
expertise and assistance in compiling information and evaluating 
potential impacts. However, these agencies will not serve in an 
official role as cooperating agencies.
    Scoping: The Alabama-Coosa-Tallapoosa Rivers (ACT)/Apalachicola-
Chattahoochee-Flint Rivers (ACF) Comprehensive Study and ACF Compact 
negotiations involved the States (Alabama, Florida and Georgia), 
stakeholders and the public in identifying areas of concern; collecting 
and developing water resource, environmental, and socioeconomic data; 
and developing tools to assist in decisions affecting water resources 
within the two basins. Scoping for this EIS will continue to build upon 
the knowledge and information developed during the Comprehensive Study 
and subsequent Compact negotiations. The comments and opinions of 
various stakeholders will be sought, including Federal, State and local 
agencies and officials, affected tribes, other interested parties and 
the public. Scoping meetings with agencies and stakeholder groups will 
be scheduled to identify any significant issues and data gaps, focus on 
the alternatives to be evaluated, and to identify any appropriate 
updated tools to assist in evaluation of alternatives and analysis of 
impacts.
    Environmental Review and Consultation Requirements. Coordination 
with the U.S. Fish and Wildlife Service will be accomplished in 
compliance with the Endangered Species Act and the Fish and Wildlife 
Coordination Act. Coordination required by other laws and regulations 
will also be conducted.

    Dated: June 8, 2006.
Peter F. Taylor,
Colonel, Corps of Engineers, District Engineer.
[FR Doc. 06-5444 Filed 6-15-06; 8:45 am]
BILLING CODE 3410-CR-M