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00154f) Chapter 2 - Alternatives facilities (such as a fish ladder). Article 411 of the license reserves the authority for FERC to require the licensee to construct, or provide for the construction, operation, and maintenance of fishways that may be prescribed by the Secretary of the Interior. This No Action scenario assumes no fish ladder is required. In 1994, FERC granted a 'stay' on development of the hydropower project for several reasons, These included the need to reinitiate consultation with the Service on the effects of the project on the newly listed razorback sucker and recently designated critical habitat upstream from the project. The project has been on hold pending further order by FERC. On June 27, 1996, the licensee filed an application for amendment of the license. Fish Ladder with Hydropower Plant Under this alternative for the Price-Stubb passage, Reclamation would construct a ladder around the dam, similar to the U-shaped ladder constructed in 1996 at the Redlands Diversion Dam on the Gunnison River (U.S. Bureau of Reclamation, 1995). This alternative also assumes private development ofthe Jacobson Hydro No.1 Project would proceed, as proposed in the licensee's 1996 application to amend the FERC license (FERC, 1996). The licensee proposed to: . install 'adjustable' 4-foot-high flashboards on top of the existing dam (instead of fixed flashboards) build a power house next to the Price-Stubb Dam (thus eliminating the power canal and bypass reach) dedicate a property easement to the U.S. for the installation of a fish ladder ". . . that would be fully funded by Reclamation" (i.e., the Recovery Program) "dedicate up to 100 cubic feet per second (ds) of water. , . to be used for the fish ladder, attraction flows, and larval separation" "eliminate public access so disturbances are reduced for fish and personnel at the fish ladder installation" . . . . Before approving the amendment, FERC is responsible for preparing an Environmental Assessment to comply with NEP A and completing a Section 7 consultation to comply with the Endangered Species Act (ESA). On April 14, 1999, FERC released a Draft Environmental Assessment that contains an analysis of the effects of the construction and operation of the proposed amendments to the project (FERC, 1999). The 25-page assessment also serves as the biological assessment for the Section 7 consultation with the Service. FERC's analysis assumes the Secretary of the Interior has decided to construct and operate a fish ladder. However, their assessment does not address current designs for, nor impacts of, the ladder itself. Therefore, Reclamation has assumed responsibility for complying with NEP A and ESA for the fish ladder aspects of the license amendment. 8