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<br />150
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<br />PUBLIC LAND LAW~REVIEW
<br />
<br />[Vol. 15
<br />
<br />1994]
<br />
<br />GRAND CANYON PROTECTION ACT
<br />
<br />151
<br />
<br />ii
<br />
<br />B. Provisions of the GCP A
<br />
<br />Overall, the legislative goals of the GCPA are to (1) ensure that
<br />operations at Glen Canyon Dam stop damaging downstream resources in
<br />both the Glen Canyon National Recreation Area and Grand Canyon
<br />National Park, (2) ratify Secretary Lujan's order implementing interim
<br />flows while the EIS is being completed, (3) provide all members of the
<br />public who use the Colorado River in both the Recreation Area and the
<br />National Park with an opportunity to be part of the decision-making
<br />process, (4) require the DOl to develop and implement a long-term
<br />monitoring program to continu~lly acquire infoffi!.!!:tien,,<:m t~;.J~~cts. Qf 4,
<br />dam operations,. ~n~ (5L,.e;,~~~S:~ J1~~! t~~_ g~!t. doCi;,-~ca~ect. the
<br />institlltional ~rr~nge:QlentsoindJaw~.iri :pfu:ce for appOrtioniitg the waterS alii
<br />the 'Colorado River.1(lll '
<br />The first legislative goal is embodied in section 1802 of the GCPA.
<br />This section requires protection of all values for which Grand Canyon
<br />National Park and Glen Canyon National Recreation Area were estab-
<br />lished, "including, but not limited to natural and cultural resources and
<br />visitor use. "10( Section 1802 also fulfills the fifth goal by specifying that the
<br />Secretary of the Interior shall carry out its directive in compliance with the
<br />law of the river.lO~
<br />Section 1803 of the GCPA ratifies interim operations (until EIS
<br />completion), and thus implements the second legislative goal. It is one of
<br />four major provisions in the GCP A requiring specific actions of the
<br />Secretary, although most have already been completed.106 The section
<br />continues the interim operations, including the exception criteria agreed
<br />upon between the BOR and Western.10'!' Additionally, in order to comply
<br />
<br />with the third goal, public participation in decision.making, the Secretary
<br />is to consult with various groups concerning interim operations, including
<br />(1) all appropriate agencies of the 001; (2) the Secretary of Energy; (3)
<br />the governors of the Compact states; (4) Indian tribes; and (5) the general
<br />public, including representatives from academic and scientific communi-
<br />ties, environmental organizations, the recreation industry, and contractors
<br />for the purchase of federal power .106 ,
<br />The EIS is the key to determining long-term operations, and section
<br />1804-the second action-forcing provision-requires completion of the
<br />EIS by November 1994.109 At that time, the Comptroller General will
<br />perform an audit and report to the Sec~etary, who will then adopt long-
<br />term operating criteria that will protect the resources listed in section
<br />1802.110 The Secretary is to prepare the new plan in consultation with the
<br />governors of the Compact states and the general public as defined in section
<br />1803.111
<br />The Secretary's responsibilities do not end with the adoption of 10ng-
<br />term criteria. The fourth legislative goal, long. term monitoring, is ad-
<br />dressed by section 1805, and provides for a program to determine the effect
<br />of the new operating criteria, including aU necessary research and
<br />studies.112 The monitoring program will be conducted in consultation with
<br />the Secretary of Energy, the governors of the Compact states, Indian tribes
<br />and the general public as defined under section 1803.1l3
<br />. The final pr~vision requiring)he Secretary to take affirmative steps is
<br />section 1809, WhlCh concerns replacement power. This section states that
<br />the Secretary of Energy, in consultation with the Secretary of Interior, the
<br />Compact states, representatives of Colorado River Storage.'Project power
<br />customers, and environmental organizations, "shall identify econ'Jmically
<br />and technically feasible methods of replacing any power generat:.:m that is
<br />lost through adoption of long-term operational criteria for Glen Canyon
<br />Oam."II<fo The language specifically mentions Hoover Dam as a possible
<br />sou~c~ of replacement energy. In doing so, the GCPA contemplates that
<br />additions to the power transmission system in the West may be required.IIG
<br />
<br />enhanced it. As Senator McCain stated:
<br />Enactment of the Grand Canyon Protection Act. . . is critical
<br />because it will provide vital guidance and legal support to the
<br />Secretary in his efforts. Congress has an obligation to perma~
<br />nently and clearly codify our standards in statute and leave no
<br />doubt now and in the future, about our national responsibility to
<br />protect the Grand Canyon.102
<br />
<br />102. 137 CONGo REC. S12.942 (daily ed. Sept. 13, 1991).
<br />103. I3S CONG. REC. 517,S31 (daily ed. Oct. S, 1992).
<br />104. GCPA ~ IS02(a).
<br />105. GCPA i lS02(b)./
<br />106. See also GCPA ~ lS04 (requiring completion of EIS); GCPA i 1805 (requiring
<br />implementation of a long.term monitoring program); and GCPA S 1809 (requiring identilkation of
<br />replacement power).
<br />107. GCPA i IS03(a). Additional bases for deviation from tbe interimoperatiOl1$ are given in
<br />
<br />sectionI803(c).
<br />109. GCPA ~ IS03(b).
<br />109. ?CPA i lS04(a). A draft EI5 was released on January 7. 1994. See supra note 96 and
<br />accompanYIng text. The final EIS is due in October 1994, and a Record of Decision is so::heduled to be
<br />released two months laler. Kty DOlts in fflt GCDEIS ProctSS, COLO. RtVER STUDIES OFACE
<br />NEWSLETTER (Bureau of Reclamation, Salt Lake City,'Utah). Fall 1993, at 6-7.
<br />110. GCPA U IS04(b)-(c).
<br />III. GCPA 5 1804(c)(3). .....
<br />112. GCPA 55 lS05(a)-(b).
<br />113. GCPA 5 ISOS(c).
<br />114. GCPA 5 IS09.
<br />liS. GCPA5 IS09.
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