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<br />Federal Register/Vol. 70, No. 59/Tuesday, March 29, 2005/Notices
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<br />15879
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<br />other aspects of applicable federal law,
<br />the Endangered Species Act applies to
<br />proposed discretionary actions
<br />undertaken by federal agencies and its
<br />consideration is implicit in the existing
<br />Operating Criteria. Accordingly, the
<br />Department does not believe that it is
<br />necessary for the Operating Criteria to
<br />be modified.
<br />Comment No. 20-(Letter No.6): The
<br />last sentence in Article II(2) of the
<br />Operating Criteria refers to operations in
<br />1971 and 1972, and is no longer
<br />relevant. We recommend that this
<br />sentence be deleted.
<br />Response: The Deparhnent concurs
<br />with the recommendation. The
<br />references to operations in 1971 and
<br />1972 are no longer relevant and the
<br />Department has deleted those sentences
<br />from the Operating Criteria.
<br />Comment No. 21-(Letters No.6 and
<br />17): In recognition ofthe Secretary's
<br />responsibilities under the Grand Canyon
<br />Protection Act and the Endangered
<br />Species Act, we recommend that a new
<br />subsection (d) be added to Article II(3)
<br />that reads: "to meet the requirements of
<br />the Grand Canyon Protection Act and
<br />the Endangered Species Act."
<br />Response: See response to Comments
<br />No. 11 and 19.
<br />Comment No. 22-(Letter No.6):
<br />Given that the Colorado River Storage
<br />Project Act lists generation of
<br />hydroelectric power as an incidental
<br />purpose for Glen Canyon Dam, and that
<br />the Record of Decision on the operation
<br />of Glen Canyon Dam interprets the
<br />mandates of the Grand Canyon
<br />Protection Act to allow bypass of water
<br />at the Glen Canyon Powerplant under
<br />limited conditions and for specified
<br />purposes, we suggest that the language
<br />in Article II(4) is not appropriate. We
<br />recommend that this section be deleted.
<br />Response: Article II(4) specifies the
<br />method that water will be released from
<br />Lake Powell when such releases are
<br />needed in the application of Article
<br />II(3)(b) to maintain, as nearly as
<br />practicable, active storage in Lake Mead
<br />equal to the active storage in Lake
<br />Powell. The Glen Canyon Dam Record
<br />of Decision does not address spilling
<br />water released for storage equalization
<br />purposes. Article II(4), as written, is
<br />necessary in specifying how storage
<br />equalization releases from Lake Powell
<br />should be made.
<br />Comment No. 23-(Letters No.6 and
<br />17): In recognition of the Secretary's
<br />responsibilities under the National
<br />Environmental Policy Act, the
<br />Endangered Species Act, as well as the
<br />Law of the River, we recommend
<br />inserting the following phrase at the
<br />beginning of Section III(l): "Consistent
<br />with applicable federal laws, including
<br />
<br />but not limited to the National
<br />Environmental Policy Act and the
<br />Endangered Species Act."
<br />Response: The existing Operating
<br />Criteria contain language stating that the
<br />Operating Criteria are administered
<br />consistent with applicable federal laws,
<br />which by definition, includes the
<br />National Environmental Policy Act and
<br />the Endangered Species Act. In
<br />addition, see response to Comments No.
<br />11 and 19.
<br />Comment No. 24-(Letter No.6):
<br />Article III(2) is no longer pertinent and
<br />we recommend that it be deleted.
<br />Response: The Deparhnent agrees that
<br />Article III(2) is no longer pertinent since
<br />the Central Arizona Project began
<br />delivering water in 1985. The
<br />Department has deleted the language in
<br />Article III(Z).
<br />Comment No. 25-(Letter No.6): To
<br />reflect the mandates of the Grand
<br />Canyon Protection Act within the
<br />universe of project purposes at Glen
<br />Canyon Dam, we recommend adding the
<br />phrase "and the protection and
<br />enhancement of national park values in
<br />Grand Canyon National Park and/or
<br />Glen Canyon National Recreation Area"
<br />at the end of Article IV(l)(a).
<br />Response: The Deparhnent believes
<br />that Article IV(l)(a), as written,
<br />adequately defines spills. The language,
<br />as written, enables appropriate
<br />flexibility in the operation of Glen
<br />Canyon Dam to accomplish project
<br />purposes.
<br />Comment No. 26--(Letter No.6):
<br />Delete the word "demands" in Article
<br />IV(l)(b) of the Operating Criteria.
<br />Response: To maintain consistency
<br />with Article III of the Operating Criteria
<br />and the 1964 Decree in Arizona v.
<br />California, the Deparhnent agrees that
<br />the word "demands" should be deleted
<br />in Article IV(l)(b). The Department has
<br />deleted the word "demands" from
<br />Article IV(l)(b).
<br />Comment No. 27-(Letter No.6):
<br />Since Article IV(l)(d) defines a term
<br />used solely in Section II(4), we
<br />recommend that it be deleted along with
<br />Article II(4).
<br />Response: As Article II(4) remains
<br />relevant in the Operating Criteria (see
<br />response to Comment No. 22), Article
<br />IV(l)(d) needs to remain in the
<br />Operating Criteria. The term "available
<br />capability," as defined in Article
<br />IV(l)(d), is used in Article II(4).
<br />Comment No. 28-(Letter No.6): The
<br />Interim Surplus Guidelines are having a
<br />negative effect on the Colorado delta.
<br />Response: The Record of Decision for
<br />the Colorado River Interim Surplus
<br />Guidelines Final Environmental Impact
<br />Statement states that five-year reviews
<br />of the Interim Surplus Guidelines may
<br />
<br />be conducted, and if so, such reviews
<br />would be coordinated with the
<br />Operating Criteria review. The Interim
<br />Surplus Guidelines became effective in
<br />February 2001 and were first applied in
<br />the 2002 Annual Operating Plan. At this
<br />time, there is no need for a review of the
<br />Interim Surplus Guidelines. In the
<br />future, however, actual operating
<br />conditions may warrant a review of the
<br />Interim Surplus Guidelines.
<br />Comment No. 29--(Letters No.6 and
<br />17): Conduct an environmental review
<br />of the Operating Criteria under the
<br />National Environmental Policy Act.
<br />Response: See response to Comment
<br />No.8.
<br />Comment No. 30-(Letter No.6): A
<br />Categorical Exclusion is arbitrary and
<br />capricious because the actual
<br />promulgation of the Operating Criteria
<br />has not been evaluated in a National
<br />Environmental Policy Act process.
<br />Response: See response to Comment
<br />No.8.
<br />Comment No. 31-(Letter No. 16): The
<br />development and implementation
<br />process for the Interim Surplus
<br />Guidelines more than fulfilled the
<br />requirements for a five-year review. The
<br />Colorado River Basin States and the
<br />Secretary of the Interior have already
<br />agreed on how to operate the Colorado
<br />River for the next 15 years. The state of
<br />Utah does not see the need to spend
<br />time and resources on a review of the
<br />Operating Criteria.
<br />Response: The Operating Criteria
<br />explicitly call for their own formal
<br />review at least every five years. The
<br />Deparhnent intends to follow the
<br />requirements of the Operating Criteria.
<br />The last review was completed with a
<br />Federal Register notice published on
<br />February 24, 1998 (63 FR 9256). The
<br />Interim Surplus Guidelines serve to
<br />implement Article III(3)(b) of the
<br />Operating Criteria. The Interim Surplus
<br />Guidelines may be reviewed
<br />concurrently with the five-year review
<br />of the Operating Criteria pursuant to
<br />Section 3 of the Interim Surplus
<br />Guidelines.
<br />Comment No. 32-(Letters No.1, 3, 5,
<br />8,9,10,11,12,13,14, 15,16,23,and
<br />27): No changes to the Operating
<br />Criteria are warranted at this time.
<br />Response: The Secretary of the
<br />Interior has made a number of limited
<br />modifications to the Operating Criteria
<br />in this Federal Register notice.
<br />However, in making those
<br />modifications, the Secretary found that
<br />in all other respects the Operating
<br />Criteria continue to meet the purpose
<br />and goals for which they were
<br />developed and the requirements of
<br />section 602 of the 1968 Colorado River
<br />Basin Project Act. The Secretary
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