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Federal Register Volume 78, Number 103 (Wednesday, May 29,
Notice of Availability of the Final Environmental Impact
Statement/Environmental Impact Report for Klamath Facilities Removal
AGENCY: Office of Environmental Policy and Compliance, Interior.
ACTION: Notice of availability.
SUMMARY: The Department of the Interior and the California Department
of Fish and Wildlife have prepared a final environmental impact
statement and environmental impact report (EIS/EIR) evaluating the
potential effects of removing four privately owned dams on the Klamath
River in southern Oregon and northern California should the Secretary
of the Interior determine that removal will advance restoration of
salmonid fisheries in the Klamath Basin and is in the public interest.
The Department of the Interior has released the final EIS/EIR pursuant
to the requirements of the National Environmental Policy Act and the
Klamath Hydroelectric Settlement Agreement. The California Department
of Fish and Wildlife is not releasing the document at this time,
therefore there is no action under California Environmental Quality Act
at this time. Additionally, no decision on the potential removal of
these facilities is being made with the release of this document.
DATES: Under the terms of the Klamath Hydroelectric Settlement
Agreement, congressional authorization is necessary prior to a decision
on the proposed action. Because Congress has not enacted the
legislation necessary to authorize a Secretarial Determination, the
Department of the Interior will not make a final decision on the
proposed action at this time.
ADDRESSES: The final EIS/EIR may be viewed and electronically
downloaded at http://klamathrestoration.gov. To request a compact disc
of the final EIS/EIR, please contact Ms. Elizabeth Vasquez, Bureau of
Reclamation, 2800 Cottage Way, Sacramento, CA 95825; email
KlamathSD@usbr.gov; or telephone 916-978-5040. See the Supplementary
Information section for locations where copies of the final EIS/EIR are
available for public review.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Vasquez, Bureau of
Reclamation, 916-978-5040, email@example.com. For public involvement
information, please contact Mr. Matt Baun, U.S. Fish and Wildlife
Service, 530-841-3119, Matt_Baun@fws.gov.
SUPPLEMENTARY INFORMATION: The Department of the Interior (Department)
and the California Department of Fish and Wildlife (CDFW) have prepared
an EIS/EIR for Klamath Facilities Removal. The EIS/EIR evaluates
potential effects of the proposed removal of four PacifiCorp dams on
the Klamath River in southern Oregon and northern California. The
proposed removal would be in accordance with the Klamath Hydroelectric
Settlement Agreement (KHSA). The KHSA established a process for studies
and environmental review, leading to a Secretarial Determination on
whether removal of the dams will accomplish the following:
(1) Advance restoration of salmonid (salmon, steelhead, and trout)
fisheries of the Klamath River Basin; and
(2) Be in the public interest, including, but not limited to,
consideration of potential impacts on affected local communities and
The Klamath Basin Restoration Agreement (KBRA) provides for
restoration of native fisheries and sustainable water supplies
throughout the Klamath River Basin. Together, these two agreements
attempt to resolve long-standing conflicts in the Klamath River Basin.
The KHSA, pursuant to its terms, requires certain criteria to be
met prior to a determination as to whether these privately owned dams
should be removed. One such criterion is for the enactment of
legislation by the Congress authorizing the Secretary of the Interior
(Secretary) to make this decision. Because legislation has not been
enacted, the Department is not making any decision regarding the
potential removal of these privately owned facilities. Nonetheless, the
Department also believes that release of this final EIS/EIR will help
inform public discourse at the federal, state and local levels.
While CDFW has participated in the development of this joint EIS/
EIR, the release of this document at this time is solely pursuant to
NEPA. Questions regarding the application of CEQA to this EIS/EIS
should be directed to CDFW.
Statement of Purpose and Need and Proposed Action
The proposed action is to remove the four lower PacifiCorp dams on
the Klamath River in accordance with the KHSA. The need for the
proposed action is to advance restoration of the salmonid fisheries in
the Klamath Basin consistent with the KHSA and the connected KBRA. The
purpose is to achieve a free-flowing river condition and full
volitional fish passage as well as other goals expressed in the KHSA
and KBRA. Under the terms of the KHSA, the Secretary will determine
whether the proposed action is appropriate and should proceed. In
making this determination, the Secretary will consider whether removal
of the four private facilities will advance the restoration of the
salmonid fisheries of the Klamath Basin, and is in the public interest,
which includes, but is not limited to, consideration of potential
impacts on affected local communities and Tribes.
The EIS/EIR and its related processes were developed to accomplish
proposed removal of the four PacifiCorp dams, consistent with the KHSA
and the connected KBRA;
Tribes, agencies, and the public;
and alternatives on the human and physical environment, including, but
not limited to, effects on biological resources, historic and
archaeological resources, geomorphology, flood hydrology, water
quality, air quality, public safety, hazardous materials and waste,
visual resources, socioeconomics, real estate, tribal trust,
recreation, and environmental justice;
Historic Preservation Act, in lieu of the procedures set forth in 36
CFR Sec. Sec. 800.3 through 800.6, pursuant to 36 CFR 800.8; and
The public review period of the draft EIS/EIR opened with a Notice
of Availability of the draft EIS/EIR, published in the Federal Register
on Thursday, September 22, 2011 (76 FR 58833). A second notice was
published on Thursday, December 1, 2011 to provide the public an
additional 30 days to submit written comments (77 FR 74804). The public
review period ended on December 30, 2011. During the public review
period, six public meetings were held in California and Oregon to
solicit comments. Over 4,000 verbal and written comments were
received. The final EIS/EIR considers comments received and responds,
as appropriate, with text revisions, clarifications, and corrections.
The final EIS/EIR is divided into three volumes: Volumes I and II
comprise the revised EIS/EIR and appendices, with actual text changes
resulting from responses to comments; Volume III provides responses to
all comments received, as well as an appendix with copies of each
comment letter or communication.
Copies of the final EIS/EIR are available for public inspection at
several libraries and government offices. A full list of locations
where the final EIS/EIR is available for public inspection can be found
at http://klamathrestoration.gov. Following is a partial list of the
Falls, OR 97601
Willow Creek, CA 95573
Eureka, CA 95501
Street NW., Main Interior Building, Washington, DC 20240-0001
Washburn Way, Klamath Falls, OR 97603.
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In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
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