Fsm 2700 Special Uses Management s2

2770 Page 1 of 3

FOREST SERVICE MANUAL SOUTHWESTERN REGION (REGION 3) ALBUQUERQUE, NM

FSM 2700 – SPECIAL USES MANAGEMENT

CHAPTER 2770 – FEDERAL POWER ACT PROJECTS

Supplement No.: 2700-2005-2

Effective Date: August 3, 2005

Duration: This supplement is effective until superseded or removed.

Approved: Lucia M. Turner (for) Date Approved: Regional Forester July 13, 2005

Posting Instructions: Supplements are numbered consecutively by title and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this title was 2700-2005- 1 to FSM 2700.

New Document 2770 3 Pages

Superseded Document(s) by 2770 dated 4/14/05 2 pages Issuance Number and Effective Date

Digest:

2770.2 – Sets out Regional objectives to encourage public involvement in the FERC licensing process.

2770.4 – Corrects delegation information from previous supplement. Redelgates authority to Forest Supervisors only (not grassland supervisors).

2772.11 - Issues Regional direction for providing public involvement in development of Federal Power Act 4(e) and 10(a) terms and conditions. R3 SUPPLEMENT 2700-2005-2 2770 EFFECTIVE DATE: 08/03/2005 Page 2 of 3 DURATION: This supplement is effective until superseded or removed.

FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER 2770 – FEDERAL POWER ACT PROJECTS

2770.2 - Objective

To encourage and consider public input into the Federal Energy Regulatory Commission’s (FERC) environmental analysis (EA) process and in the formulation of final USDA Forest Service terms and conditions.

2770.4 – Responsibility

4. Forest Supervisor. It is the responsibility of the Forest Supervisor to:

a. Correspond directly with FERC on all administrative and construction matters during construction and operation of a hydropower project.

b. Sign special use authorizations for hydropower projects after the project has been licensed or exempted from licensing by FERC. This authority may not be redelegated.

c. Administer project special use authorizations and licenses in cooperation with FERC personnel.

2772 – ANALYSIS

2772.11 – Licensed Projects

There are two primary opportunities for the public to be involved in the development of USDA Forest Service terms and conditions to be included in the FERC license.

1. The first opportunity comes prior to the filing of the application with FERC. The project is scoped by FERC, and USDA Forest Service resource issues are identified. The Forest or Grassland Supervisor should send a letter to the SOPA1 mailing list, or other appropriate Forest mailing list, at publication of FERC’s first scoping document explaining that:

a. FERC licensing proceeding is taking place,

b. The USDA Forest Service will be filing preliminary terms and conditions to be included in the new FERC license, and

c. The public is invited to participate by responding to FERC’s scoping notice(s), and commenting on FERC’s environmental analysis document which will display the preliminary USDA Forest Service terms and conditions.

1 Schedule of Proposed Actions, see FSH 1909.15, section 07. Utilization of the Schedule of Proposed Actions (SOPA) process and mailing list may be an efficient and familiar means with the public of announcing our intention to prepare preliminary terms and conditions as long as we make it clear that FERC will be the NEPA action agency. R3 SUPPLEMENT 2700-2005-2 2770 EFFECTIVE DATE: 08/03/2005 Page 3 of 3 DURATION: This supplement is effective until superseded or removed.

FSM 2700 – SPECIAL USES MANAGEMENT CHAPTER 2770 – FEDERAL POWER ACT PROJECTS

d. FERC will be performing environmental analysis and NEPA documentation and ultimately will be issuing the project license.

The USDA Forest Service shall consider information and comments provided to FERC during the formulation of final terms and conditions.

2. The second opportunity comes when FERC issues a notice of availability of its environmental analysis document that includes the preliminary USDA Forest Service terms and conditions to be included in the FERC license. In response to this FERC notice, the public may provide comments to FERC on the preliminary USDA Forest Service terms and conditions. Usually comments are required within 30-60 days of the notice.

The USDA Forest Service will consider all comments sent to FERC concerning USDA Forest Service terms and conditions in the agency’s formulation of final terms and conditions, and may modify its terms and conditions before FERC issues the new license.

The USDA Forest Service reserves the right to revise its terms and conditions if significant new information becomes available, or FERC’s final environmental analysis document differs significantly from its draft environmental analysis document. In some instances FERC will exercise its option to issue only a single EA.