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;'" f 'j il t,~ Proposed Fall 1997 Release from Glen Canyon Dam October 6, 1997 through both the AMWG and the AOP processes for consideration and approval by the SOL However. the requirement for AMWG consideration is done, given that the AMWG was, unanimous in support of the flow if the preconditions were met. The requirement for the AOP review was discussed at the AMWG meeting and it was detennined that because the releases were to be within powerplant capacity, and in accordance with provisions of the 1956 CRSP, the 1968 CRBP, and the 1992 GCP Acts, that it could proceed, I: f- I .:- Q: Does NEPA apply to this action? A: Yes and no, NEPA does not technically or legally apply to the proposed flow because it is within the established authorized operational limits for Glen Canyon Dam. However, in the EIS ROD, Section Vl, Item I, titled Adaptive Management, it's stated that the Adaptive Management Program includes: , (. . ." "development of a long-term monitoring, research and experimental program which could result in some additional operational changes. However, any operational changes will be carried out in compliance with NEP A." f.;,: ~.. :j:. }~ Reclamation therefore evaluated the proposed action for potential impacts and determined that the test flow may be categorically excluded from futher NEP A compliance (EA or EIS). 'While Reclamation recognizes that there is value in voluntarily completing a more complete and fonnal NEPA process, such as doing an EA or EIS, to serve as a means to more formally evaluate potential affects to resources of concern and provide for input by interested publics beyond the AMWG, in this case, it appears that doing that would serve only to more elaborately document the lack of concern expressed by the various resource representatives at the AMWG and TWG meetings and also delay the proposed start date for the test, with the potential to lose the opportunity to do it at all. Therefore, we feel that the test flow may proceed as planned and that any potential impacts that may occur are either beneficial or within the range of acceptable consequences. ;1,.. k-. ,. ,.'. 1".' ~ ~ ';.;>- t ~~:.~: ~~..~ W" t-';;-- ~~.":. ;-i.~; (...'. ':,,?,~ ~ ~\ , ,. /.~ . 4