[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Notices]
[Pages 42414-42415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11936]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Availability of a Draft Environmental Impact Statement 
for a Drought Management Plan for Operation of the Kerr Hydroelectric 
Project, Flathead Lake, MT

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of availability and public hearings.

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SUMMARY: The Bureau of Indian Affairs (BIA) announces the availability 
of a draft Environmental Impact Statement (EIS) for a drought 
management plan for the operation of the Kerr Hydroelectric Project, 
Flathead Lake, Montana. In addition to mailing the draft EIS to 
cooperating agencies and those who previously requested the document, 
the BIA has made the draft EIS available at the Polson City Library, 2 
First Avenue East, Polson, Montana, and the Flathead County Library, 
247 First Avenue East, Kalispell, Montana. Additionally, the draft EIS 
may be obtained on the following Web site: http://www.flatheadlake-eis.com. The purpose of this notice is to inform the public, other 
Federal agencies, tribal, State, and local governments, organizations 
and businesses of the availability of the draft EIS and to announce 
public hearings to discuss the draft EIS.

DATES: Comments on the draft EIS must be received by September 29, 
2006. The hearing dates and locations are:
    1. August 29, 2006, 6:30 p.m. to 9:30 p.m., Red Lion Inn, 20 North 
Main Street, Kalispell, Montana.
    2. August 30, 2006, 6:30 p.m. to 9:30 p.m., Polson City Library, 
Community Meeting Room, 2 First Avenue East, Polson, Montana.

ADDRESSES: Mail or hand deliver written comments to Jeffery Loman, 
Chief, Natural Resources Division, Office of Trust Services, Bureau of 
Indian Affairs, Mail Stop 4655-MIB, 1849 C Street, NW., Washington, DC 
20240. You may also fax comments to Chief, Natural Resources, (202) 
219-0006 or (202) 219-1255.

FOR FURTHER INFORMATION CONTACT: Jeffery Loman, Chief, Natural 
Resources Division, (202) 208-7373 or (202) 903-8295.

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 are located within the exterior boundaries of the 
Flathead Indian Reservation. The Project operates under a joint license 
issued by the Federal Energy Regulatory Commission on July 17, 1985 to 
PPL Montana, LLC, successor-in-interest to the Montana Power Company 
and current operator of the Kerr Project, 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. Pursuant to this 
authority, the Secretary required that certain articles be included in 
the Kerr Project license for the protection and utilization of the 
Flathead Indian Reservation. Among these is license Article 56, which 
requires minimum instream flow rates for the protection of fisheries 
and other resources in the Lower Flathead River below Kerr Dam. In 
addition to the Secretary's section 4(e) conditions, Article 43 of the 
Kerr Project license requires the operator to regulate Flathead Lake in 
accordance with a 1962 Memorandum of Understanding, as amended in 1965, 
between the Montana Power Company and the U.S. Army Corps of Engineers. 
The purposes behind the MOU include providing for flood control by 
drawing down Flathead Lake every spring, and supporting recreation, 
tourism and associated activities on Flathead Lake by refilling the 
lake in time for the summer season.
    During low-water years, there may be an insufficient volume of 
water to achieve Article 43 lake levels while maintaining the minimum 
instream flow requirements of Article 56. Accordingly, the Secretary 
also included Article 60 in the Project license, which requires that 
the licensees develop and implement a drought management plan 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 further 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.
    Pursuant to Article 60, PPL Montana submitted a proposed drought 
management plan to the Secretary of the Interior on March 4, 2002. 
Under Article 60, the Secretary has the authority to reject, modify, or 
otherwise alter the proposed drought management plan. The Secretary 
determined that the decision on the proposed drought management plan 
constitutes a major federal action that could significantly affect the 
quality of the human environment. The National Environmental Policy Act 
therefore requires preparation of an EIS. PPL Montana's plan serves as 
the proposed action in the EIS.
    The Bureau of Indian Affairs was delegated the responsibility to 
serve as the Lead Agency for NEPA compliance in connection with the 
proposed drought management plan. On June 20, 2002, BIA published a 
Notice of Intent in the Federal Register (67 FR 42054) informing 
agencies and the public of BIA's intent to gather information necessary 
to prepare an EIS for the proposed drought management plan and 
initiating the formal scoping process (See Appendix A). The Notice of 
Intent encouraged comments and participation in the scoping process and 
included meeting dates, times, and locations. BIA held a series of 
public meetings and workshops in Kalispell, Charlo and Polson, Montana, 
on July 9-10, 2002, August 27-28, 2002, and October 22-23, 2002.
    The drought management plan ultimately approved by the Secretary 
will govern how the Kerr Project licensees will prepare for and operate 
the Project during a drought and will benefit the public by providing 
information regarding the operation of

[[Page 42415]]

the Kerr Project in drought conditions. The NEPA process will allow the 
Secretary of the Interior to issue a Record of Decision selecting an 
alternative regarding a drought management plan. Issues addressed in 
the environmental analysis include, but are not limited to, 
hydroelectric power production, recreation, tourism, irrigation, 
treaty-protected fisheries, biological resources, wildlife habitat, and 
Indian traditional and cultural properties and resources. Alternatives 
to the proposed drought management plan examined in the EIS 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 was developed through comments 
received during the scoping process, including the public scoping 
meetings and workshops held in Montana.

Authority

    This notice is published in accordance with section 1503.1, 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 Principal Deputy Assistant 
Secretary--Indian Affairs by 209 DM 8.

     Dated: July 19, 2006.
 Michael D. Olsen,
 Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. E6-11936 Filed 7-25-06; 8:45 am]
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