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<br />G0091~ <br /> <br />Page 29. - The fourth sentence should delete all but "FERC will <br />prepare a final EIS." We do not know how FERC will use or rely <br />on the biologiCal opinion. The discussion of alternatives <br />assumes that there will be a likely to jeopardize or adverse <br />..' _, .' l .. _.. ... . , '" . <br />UlUU1I: lcaClon OplIllUIl. .l::'J.ease 8Cdce Lue lJclt::i..l..::i l.UL ~UCl1 <br />assumption. More importantly, the Program is not a party in the <br />relicensing administrative litigation and FERC has no jurisdic- <br />tion over the Program. Therefore, how can FERC insure compliance <br />with its license conditions when it has no jurisdiction over the <br />Program? The same problem exists for the Nebraska solution, <br />where a State agency that FERC has no authority over is proposed <br />as the operator of the proposed water bank. FERC, as the Federal <br />agency responsible for Section 7 compliance, must be able to <br />enforce compliance with reasonable and prudent alternatives or <br />terms and conditions. Additionally, the conditions of the FERC <br />license are not binding on any entity other than the Districts. <br /> <br />Page 30. - Correct Section 7(a) (2) to (a) (1). <br /> <br />Page 32. - The criteria and; process for new members of the <br />Committee should be established. <br /> <br />Page 36. - The management plan should address the water part of <br />the program as well as the land aspects. <br /> <br />Page 41. - The beginning of this part should state that any funds <br />from Federal agencies are subject to authorization and <br />appropriation. The Department of the Interior agencies have <br />authorization under Section 5 of the ESA. <br /> <br />Page 42. - Please describe how the charge will be based on net <br />depletions. <br /> <br />Page 45. - In light of our comments on page 41, the Federal <br />agencies cannot be "accountable" for contributing their portion <br />of the costs of the Program. Please revise. <br /> <br />Please call the undersigned with any questions. <br /> <br />1l!~p'i . <br /> <br /> <br />Margot Zallen <br />Attorney <br /> <br />cc: David Bowman, Fish and wildlife Service, Grand Island, <br />Nebraska <br /> <br />5 <br />