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WESTERN STATES WATER . Ofn64~ April 3. 1992 Issue No. 933 eweB APR 0 6 1992 THE WEEKLY NEWSIETIER OF THE WESTERN STATES WATER COUNCIL editor - Tony Willardson Creekview Plaza, Suite A-201 I 942 East 7145 So. I Midvale. Utah 84047 I (801) 561-5300 I FAX (801) 255-9642 typist - carrie curvin ENERGY National Energy Policy/Strategy On April 8, the House Interior Committee will mark up a national energy strategy bill that is intended as a substitute to H.R. 776, the House Energy and Commerce Committee's bill. Tttle XIII-Federal and State Lands, includes four provisions dealing wnh . water development and federal hydropower licensing. Section 1301 amends the Federal Land Policy and Management Act to clearly require approval by the Secretary of the Interior or Agricutture for the construction or operation of any non-federal 'dam, diversion or appurtenant project works,' including power generation, transmission and distribution facilities on federal lands. The Secretary must determine that the facilities are consistent with applicable land management plans, and that project construction and operation '...will not resutt in substantial degradation of natural or cuttural resources, scenic or recreational values, watershed resources, or fish and wildlife populations or habitat....' The section also mandates an early public participation process and coordinated federal review. Section 1302 prohibits the construction of any new dam or impoundment, or 'obstruction of the flow of water,' or the inundation of lands within the external boundaries of any unit of the National Park System (which may include National Recreation Areas). Moreover, no federal agency may renew or reissue any license for any dam or impoundment wnhout the . concurrence of the Secretary of Interior. Sections 1301 and 1302 are similar to bills once introduced by Rep. Richard Lehman (O-CA) to control small hydropower development (H.R. 3595; 1987) and prohibit the proposed enlargement of Hetch Hetchy chairman - William H. Young executive director - Craig Bell Reservoir in Yosemite National Park (H.R, 4089). There are some 108 existing projects and appurtenant works in 18 national parks. The bill originally required a permit from the Secretary of Interior for continued project operations. H,R. 4089 passed the House in 1986. It was never introduced in the Senate ryvSW #627, May 23,1986 and WSW #645, Sept. 26,1986). Section 1303 would amend the Land and Water Conservation Fund Act of 1965 to prohibit any federal agency 'for purposes of new hydroelectric power development,' from condemning 'any property owned or controlled by a state or local government managed for park or outdoor recreation uses or managed for the protection of natural resources.' tt is aimed at a proposed hydropower project in Pennsylvania at a state-owned dam in a state park, Lastly, Section 1304 similarly amends the 1965 Act by prohibiting the development of new hydroelectric power projects, 'if a state has enacted statutory proviSions for the protection of specific resources associated with one or more river segments which are wholly wnhin that state and designated for protection under state law,' and if such segment is designated for protection in the state's comprehensive outdoor recreation plan. This section would protect the Payette and other Idaho rivers, under state law, WATER QUAUTY Clean Water Act-Indian Tribes On March 10, EPA published new proposed rules regarding the treatment of Indian tribes as states for purposes of the Clean Water Act (CWA) under Sections 308 (inspections, monitoring, entry), 309 (federal enforcement), 401 (certification), 402 (national pollutant discharge elimination system (NPOES)) and 405 (sewage sludge). The new rule would establish