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HomeMy WebLinkAboutMental Health Trust Memo 1993DATE: TO: FROM: SUBJECT: 93Q1D4285(1) Alaska Energy Authority MEMORANDUM February 5, 1993 Mr. Bruce Phelps, AICP Project Manager - Mental Health Settlement Project Department of Natural Resources ight-of-Way Specialist aska Energy Authority Hydroelectric Project Land Nomination to Mental Health Trust Land Settlement As a follow-up to our meeting of January 20, 1993, I have described below issues related to inclusion of hydroelectric project lands in the Mental Health Settlement. Federal Power Act Issues Section 24 of the Federal Power Act requires that when a Preliminary Permit Application or License Application for hydroelectric development is filed with the Federal Energy Regulatory Commission (FERC), the federal lands within the proposed project boundary are reserved from entry, location or other disposal under the laws of the United States until otherwise directed by the FERC or Congress. If FERC determines that lands reserved or classified as power sites will not be injured or destroyed for the purposes of power development by location, selection or entry under the public land laws, the Secretary of the Interior can declare the lands open to location, entry and selection under such restrictions as FERC may determine necessary and subject to, and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy and use any part or all of the lands for hydroelectric development and that no claim or right _to compensation shall accrue from occupation or use of said lands (see Attachment 1). Under the terms of this provision, the use of federal lands which have been reserved by classification or filing of a license application or preliminary permit and then conveyed from federal ownership cannot be charged for (except by the federal government). Section 24 will affect selections made at Bradley Lake, Tyee Lake, Swan Lake, and Dorothy Lake Hydroelectric project sites. This was confirmed in a Memo to: Bruce Phelps Subject: Mental Health Trust Land Settlement February 5, 1993 93Q1D4285(2) conversation I had with Mr. Charles Brown, who is with FERC in Washington, D.C. Mr. Brown stated that conveyances to the State of Alaska would also be subject to the conditions of licenses which have already been issued. In Attachment 2, FERC Standard License Conditions, I have highlighted those conditions which may have relevance with respect to the Settlement. These are discussed briefly below. Article 5 - This requires, that licensees obtain land use in perpetuity. In this instance, the FERC may require a perpetual land use agreement to be executed between the Trust and the licensee (AEA) before conveyance to the State can be approved. Article 6 - The right of occupancy obtained to satisfy Article 5 would need to be assignable to all future licensees or the federal government. Article 13- The Trust could not restrict the use of these lands by other parties if ordered to do so by the Commission. It also appears that compensation for such uses could go to the licensee rather than the Trust. Article 16- Reserves the right of the United States to enter onto the land at no cost to construct and/or enhance fish and wildlife facilities. Article 18- Reserves the right of public access for recreation, navigation, hunting and fishing. Article 25- Allows any agency of the United States to, without charge, build roads, railroads, ditches, canals, etc. It may be possible to receive title to these land without their being subject to these federal rights but that is highly unlikely. In my conversation with FERC's Mr. Brown, he was very adamant that conveyance subject to Section 24 was the rule and that no party other than FERC would be allowed to charge for use of these lands. Mr. Brown's response is consistent with what FERC has told us in the past. In Attachment 3, I have highlighted references to FERC's position on vacation of Section 24 withdrawals which were discussed on previous occasions. Lastly, in recognition of FERC intransigence on this point, the State has requested that the conveyance of federal lands within the Bradley Lake, Tyee Lake, and Swan Lake project boundaries be subject to Section 24. Memo to: Bruce Phelps Subject: Mental Health Trust Land Settlement February 5, 1993 93Q1\D4285(3) Attachment 4 is a compendium of letters related to these prospective conveyances. Snettisham Purchase Some of the lands proposed for inclusion in the Trust are those selected by the State to facilitate the purchase of the Snettisham Hydroelectric project by the Alaska Energy Authority. Under the terms of the sale agreement, which has already been negotiated, the federal land which is occupied by the project would be conveyed to the State under its statehood entitlement. Supposing this would have be done without cost, no allowances have made for land use fees in the sale contract. Since the sale is promulgated on the concept that it would stabilize and maintain electric rates close to what they presently are for Juneau area residents, and © because the sale price has already been arrived at by consideration of key factors, significant, additional costs related to land use would nullify the desirability of the sale. It is anticipated that sale will be introduced into Congress this year for approval. It is important to know whether the Snettisham lands will be included in the Trust because of the potential jeopardy to the sale. Impacts to Rate Payers If State and federal, State selected lands which underlie the Bradley Lake, Tyee Lake, Swan Lake, Solomon Gulch and Snettisham hydroelectric projects are included in the Trust and land use fees increase, these costs would be passed on to the ratepayers. This type of action would be contradictory to the intent of the Energy Program for Alaska (A.S. 44.83.380) which was established to provide inexpensive, stable priced energy for Alaskans and which also provided the impetus to build or acquire the affected hydroelectric projects. In several instances, rates increases will need to be approved by the Alaska Public Utilities Commission. Other Legal Issues Several other legal issues were raised with respect to inclusion of these lands in the Trust. They are: Lc Would the federal servitude associated with these lands bar their conveyance to the State altogether? 2. Could the land use fees, which ultimately would be paid by the electric ratepayers, in fact constitute a tax, which in the context it was collected, be unacceptable. a Memo to: Bruce Phelps Subject: Mental Health Trust Land Settlement February 5, 1993 These questions are being researched at this time. When answers become available, I will provide them to you. If you have any questions, please do not hesitate to contact me. TJA:jd Attachments as stated. 93Q1D4285(4) ATTACHMENT 1- SECTION 24, FEDERAL POWER ACT 93Q1\D4285(5) § 818 among the several States shall before such con- struction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such pro- posed construction to be made, and if upon in- vestigation it shall find that the interests of interstate or foreign commerce would be affect- ed by such proposed construction, such person, association, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this chapter. If the Commission shall not so find, and if no public lands or reservations are affected, permission is granted to construct such dam or other project works in such stream upon compliance with State laws. (2) No person may commence any significant modification of any project licensed under, or exempted from, this chapter unless such modi- fication is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this sub- chapter. As used in this paragraph, the term “commence” refers to the beginning of physical on-site activity other than surveys or testing. (June 10, 1920, ch. 285, § 23(b), 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 210, 49 Stat. 846; Oct. 16, 1986, Pub. L. 99-495, § 6, 100 Stat. 1248.) CODIFICATION Section consists of subsec. (b) of section 23 of act June 10, 1920, as so designated by act Aug. 26, 1935. Subsec. (a) of section 23 of act June 10, 1920, is set out as section 816 of this title. AMENDMENTS 1986—Pub. L. 99-495 designated existing provisions as par. (1) and added par. (2). 1935—Act Aug. 26, 1935, amended section generally, inserting first sentence, and substituting “with foreign nations” for “between foreign nations”, “shall before such construction” for “may in their discretion” and “shall not construct, maintain, or operate such dam or other project works” for “shall not proceed with such construction”. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-495 applicable to licenses, permits, and exemptions without regard to when issued, see section 18 of Pub. L. 99-495, set out as a note under section 797 of this title. ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions with regard to licenses and permits for dams, reservoirs, or other works for the development and improvement of navigation and for the develop- ment and utilization of power across, along, from, or in navigable waters under this subchapter were trans- ferred to the Federal Energy Regulatory Commission by sections 7172(aX1A) and 7293 of Title 42, The Public Health and Welfare. § 418. Public lands included in project; reservation of lands from entry Any lands of the United States included in any proposed projection under the provisions of this subchapter shall from the date of filing of application therefor be reserved from entry, lo- cation, or other disposal under the laws of the TITLE 16—CONSERVATION Page 980 United States until otherwise directed by the commission or by Congress. Notice that such application has been made, together with the date of filing thereof and a description of the lands of the United States affected thereby, shall be filed in the local land office for the dis- trict in which such lands are located. Whenever the commission shall determine that the value of any lands of the United States so applied for, or heretofore or hereafter reserved or classified as power sites, will not be injured or destroyed for the purposes of power development by loca- tion, entry, or selection under the public-land laws, the Secretary of the Interior, upon notice of such determination, shall declare such lands open to location, entry, or selection, for such purpose or purposes and under such restric- tions as the Commission may determine, sub- ject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Commission, for the purposes of this subchap- ter, which right shall be expressly reserved in every patent issued for such lands; and no claim or right to compensation shall accrue from the occupation or use of any of said lands for said purposes. The United States or any licensee for any such lands hereunder may enter thereupon for the purposes of this subchapter, upon pay- ment of any damages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and suffi- cient bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Commission: Pro- vided, That locations, entries, selections, or fil- ings heretofore made for lands reserved as water-power sites, or in connection with water- power development, or electrical transmission may proceed to approval or patent under and subject to the limitations and conditions in this section contained: Provided further, That before any lands applied for, or heretofore or hereafter reserved, or classified as power sites, are declared open to location, entry, or selec- tion by the Secretary of the Interior, notice of intention to make such declaration shall be given to the Governor of the State within which such lands are located, and such State shall have ninety days from the date of such notice within which to file, under any statute or regulation applicable thereto, an application for the reservation to the State, or any political subdivision thereof, of any lands required as a right-of-way for a public highway or as a source of materials for the construction and mainte- nance of such highways, and a copy of such ap- plication shall be filed with the Federal Power Commission; and any location, entry, or selec- tion of such lands, or subsequent patent there- of, shall be subject to any rights granted the State pursuant to such application. (June 10, 1920, ch. 285, § 24, 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 211, 49 Stat. 846; May 28, 1948, ch. 351, 62 Stat. 275.) Page 981 REFERENCES IN TEXT The public-land laws, referred to in text, are classi- fied generally to Title 43, Public Lands. AMENDMENTS 1948—Act May 28, 1948, inserted second proviso in last sentence so that States may apply for reservations of portions of power sites released for entry, location, or selection to the States for highway purposes. 1935—Act Aug. 26, 1935, amended section generally. inserting “for such purpose or purposes and under such restrictions as the commission may determine”, substituted “part” for “chapter” wherever appearing, and striking out from proviso “prior to June 10, 1920" after “made”. TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), T171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Section REFERRED TO IN OTHER SECTIONS This section is referred to in section 3215 of this title; title 30 section 1014; title 43 section 1634. § 819. Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847 Section, act June 10, 1920, ch. 285, § 25, 41 Stat. 1076, related to offenses and punishment. See section 825m et seq. of this title. § 820. Proceedings for revocation of license or to pre- vent violations of license The Attorney General may, on request of the commission or of the Secretary of the Army, in- stitute proceedings in equity in the district court of the United States in the district in which any project or part thereof is situated for the purpose of revoking for violation of its terms any permit or license issued hereunder, or for the purpose of remedying or correcting by injunction, mandamus, or other process any act of commission or omission in violation of the provisions of this chapter or of any lawful regulation or order promulgated hereunder. The district courts shall have jurisdiction over all of the above-mentioned proceedings and shall have power to issue and execute all neces- sary process and to make and enforce all writs, orders and decrees to compel compliance with the lawful orders and regulations of the com- mission and of the Secretary of the Army, and to compel the performance of any condition im- posed under the provisions of this chapter. In the event a decree revoking a license is entered, the court is empowered to sell the whole or any Part of the project or projects under license, to wind up the business of such licensee conducted in connection with such project or projects, to distribute the proceeds to the parties entitled to the same, and to make and enforce such fur- ther orders and decrees as equity and justice may require. At such sale or sales the vendee shall take the rights and privileges belonging to the licensee and shall perform the duties of such licensee and assume all outstanding obli- gations and liabilities of the licensee which the court may deem equitable in the premises; and at such sale or sales the United States may TITLE 16—CONSERVATION §s23 become a purchaser, but it shall not be required to pay a greater amount than it would be re- quired to pay under the provisions of section 807 of this title at the termination of the li- cense. (June 10, 1920, ch. 285, § 26, 41 Stat. 1076.) REFERENCES IN TEXT Proceedings in equity, referred to in text, were abol- ished by the adoption of Rule 2 of the Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure, which provided that “there shall be one form of action to be known as ‘civil action’. CHANGE OF NAME The Department of War was designated the Depart- ment of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘Title 10, Armed Forces” which in sections 3010 to 3013 contin- ued the military Department of the Army under the administrative supervision of a Secretary of the Army. ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions with regard to licenses and permits for dams, reservoirs, or other works for the development and improvement of navigation and for the develop- ment and utilization of power across, along, from, or in navigable waters under this subchapter were trans- ferred to the Federal Energy Regulatory Commission by sections 7172(aX1A) and 7293 of Title 42, The Public Health and Welfare. FEeperaL RULES OF CIVIL PROCEDURE Application of rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. One form of action to be known as “civil action,” see rule 2. Writ of mandamus abolished, see rule 81(b). Section REFERRED TO IN OTHER SECTIONS This section is referred to in section 806 of this title. § 821. State laws and water rights unaffected Nothing contained in this chapter shall be construed as affecting or intending to affect or in any way to interfere with the laws of the re- spective States relating to the control, appro- priation, use, or distribution of water used in ir- rigation or for municipal or other uses, or any vested right acquired therein. (June 10, 1920, ch. 285, § 27, 41 Stat. 1077.) § 822. Reservation of right to alter or repeal chapter The right to alter, amend, or repeal this chap- ter is expressly reserved; but no such alteration, amendment, or repeal shall affect any license theretofore issued under the provisions of this chapter or the rights of any licensee thereun- der. (June 10, 1920, ch. 285, § 28, 41 Stat. 1077.) § 823. Repeal of inconsistent laws All Acts or parts of Acts inconsistent with this chapter are repealed: Provided, That noth- ing contained herein shall be held or construed to modify or repeal any of the provisions of the ATTACHMENT 2- FERC STANDARD LICENSE CONDITIONS 93Q1\D4285(6) Form L-2 (Revised October, 1975) FEDERAL ENERGY REGULATORY CUMM1LSS1UN TERMS AND CONDITIONS OF LICENSE FOR UNCONSTRUCTED MAJOR PROJECT AFFECTING LANDS OF THE UNITED STATES Article 1. The entire project, as described in this order of the Commission, shall be subject to all of the provisions, terms, and conditions of the license. Article 2. No substantial change shall be made in the maps, plans, specifications, and statements described and designated as exhibits and approved by the Commission .in its order as a part of the license until such change shall have been approved by the Commission: Provided, however, That if the Licensee or the Commission deems it necessary or desirable that said approved exhibits, or any of them, be changed, there shall be submitted to the Commission for approval a revised, or additional exhibit or exhibits covering the proposed changes which, upon approval by the Commission, shall become a part of the license and shall supersede, in whole or in part, such exhibit or exhibits theretofore made a part of the license as may be specified by the Commission. Article 3. The project works shall be constructed in substantial conformity with the approved exhibits referred to in Article 2 herein or as changed in accord- ance with the provisions of said article. Except when emergency shall require for the protection of navigation, life, health, or property, there shall not be made without prior approval of the Commission any substantial alteration or addition not in conformity with the approved plans to any dam or other project works under the license or any sub- stantial use of project lands and waters not authorized herein; and any emergency alteration, addition, or use so made shall thereafter be subject to such modification and change as the Commission may direct. Minor changes in project works, or in uses of project lands and waters, or divergence from such approved exhibits may be made if such changes will not result in a decrease in efficiency, in a material increase in cost, in an adverse environmental impact, or in impairment of the general scheme of development; but any of such minor changes made without the prior approval of the Commission, which in its judgment have produced or will produce any of such results, shall be subject to such alteration as the Commission may direct. /7> GHHHEH Fada. Upon the completion of the project, or at such other time as the Commission may direct, the Licensee shall submit to the Commission for approval revised exhibits insofar as necessary to show any divergence from or variations in the project area and project boundary as finally located or in the project works as actually constructed when compared with the area and boundary shown and the works described in the license or in the exhibits approved by ‘the Commission, together with a statement in writing setting forth the reasons which in the opinion of the Licensee necessitated or justified variation in or divergence from the approved exhibits. Such revised exhibits shall, if and when approved by the Commission, be made a part of the license under the provisions of Article 2 hereof. Article 4. The construction, operation, and main- tenance of the project and any work incidental to addi- tions or alterations shall be subject to the inspection and supervision of the Regional Engineer, of the Commission, in the region wherein the project is located, or of such other officer or agent as the Commission may designate, who shall be the authorized representative of the Commission for such purposes. The Licensee shall cooperate fully with said representative and shall furnish hima detailed program of inspection by the Licensee that will provide for an adequate and qualified inspection force for construction of the project and for any subsequent alterations to the project. Construction of the project works or any feature or alteration thereof shall not be initiated until the program of inspection for the project works or any such feature thereof has been approved by said representative. The Licensee shall also furnish to said representative such further information as he may require concerning the construction, operation, and maintenance of the project, and of any alteration thereof, and shall notify him of the date upon which work will begin, as far in advance thereof as said representative May reasonably specify, and shall notify him promptly in writing of any suspension of work for a period of more than one week, and of its resumption and completion. The Licensee shall allow said representative and other officers or employees of the United States, showing proper credentials, free and unrestricted access to, through, and across the project lands and project works in the performance of their official duties. The Licensee shall comply with such rules and regulations of general or special applicability as the Commission may prescribe from time to time for the protection of life, health, or property. = 3 = Article 5. The Licensee, within five years from the date of issuance Of the license, shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the United States, necessary or appropriate for the construction, maintenance, and operation of the project. The Licensee or its successors and assigns shall, during the period of the license, retain the possession of all project property covered by the license as issued or as later amended, including the project area, the project works, and all franchises, easements, water rights, and rights of occupancy and use; and none of such properties shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without the prior written approval of the Commission, except that the Licensee may lease or otherwise dispose of interests in project lands or property without specific written approval of the Commission pursuant to the then current regulations of the Commission. The provisions of this article are not intended to prevent the abandonment or the retirement from service of structures, equipment, or other project works in connection with replace- ments thereof when they become obsolete, inadequate, or inefficient for further service due to wear and tear; and mortgage or trust deeds or judicial sales made thereunder, or tax sales, shall not be deemed voluntary transfers within the meaning of this article. Article 6. In the event the project is taken over by the United States upon the termination of the license as provided in Section 14 of the Federal Power Act, or is transferred to a new licensee or to a non-power licensee under the provisions of Section 15 of said Act, paar tehG Daeg: its successors an i L i for, and make good any: “ef » tO, ox of right.of occupancy and use in, any of such project property that is necessary or appropriate or valuable and serviceable in the maintenance and operation of the project, and shall pay an2 3ischarge, or shall assume responsibility for payment and discharge of, all liens or encumbrances upon the project or project property created by the Licensee or created or incurred after the issuance of the license: Provided, That the provisions of this article are not intended to require the Licensee, for the purpose of transferring the project to the United States or to a new licensee, to acquire any different title to, or right of occupancy and use in, any of such project property than was necessary to acquire for its own purposes as the Licensee. Article 7. The actual legitimate original cost of the project, and of any addition thereto or betterment thereof, shall be determined by the Commission in accordance with the Federal Power Act and the Commission's Rules and Regulations thereunder. Article 8. The Licensee shall install and thereafter maintain gages and stream-gaging stations for the purpose of determining the stage and flow of the stream or streams on which the project is located, the amount of water held in and withdrawn from storage, and the effective head on the turbines; shall provide for the required reading of such gages and for the adequate rating of such stations; and shall install and maintain standard meters adequate for the determination of the amount of electric energy generated by the project works. The number, character, and location of gages, meters, or other measuring devices, and the method of operation thereof, shall at all times be satis- factory to the Commission or its authorized representative. The Commission reserves the right, after notice and oppor- tunity for hearing, to require such alterations in the number, character, and location of gages, meters, or other measuring devices, and the method of operation thereof, as are necessary to secure adequate determinations. The installation of gages, the rating of said stream or streams, and the determination of the flow thereof, shall be under the supervision of, or in cooperation with, the District Engineer of the United States Geological Survey having charge of stream-gaging operations in the region of the project, and the Licensee shall advance to the United States Geological Survey the amount of funds estimated to be necessary for such supervision, or cooperation for such periods as may be mutually agreed upon. The Licensee shall keep accurate and sufficient records of the foregoing determinations to the satisfaction of the Commission, and shall make return of such records annually at such time and in such form as the Commission May prescribe. : Article 9. The Licensee shall, after notice and opportunity for hearing, install additional capacity or make other changes in the project as directed by the Commission, to the extent that it is economically sound and in the public interest to do so. Article 10. The Licensee shall, after notice and opportunity for hearing, coordinate the operation of the project, electrically and hydraulically, with such other projects or power systems and in such manner as the Commission may direct in the interest of power and other beneficial public uses of water resources, and on such conditions concerning the equitable sharing of benefits by the Licensee as the Commission may order. Article 11. Whenever the Licensee is directly benefited by the construction work of another licensee, a permittee, or the United States on a storage reservoir or other headwater improvement, the Licensee shall reimburse the owner of the headwater improvement for such part of the annual charges for interest, maintenance, and depreciation thereof as the Commission shall determine to be equitable, and shall pay to the United States the cost of making such determination as fixed by the Commission. For benefits provided by a storage reservoir or other headwater improve- ment of the United States, the Licensee shall pay to the Commission the amounts for which it is billed from time to time for such headwater benefits and for the cost of making the determinations pursuant to the then current regulations of the Commission under the Federal Power Act. Article 12. The operations of the Licensee, so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as the Commission may prescribe for the protection of life, health, and property, and in the interest of the fullest practicable conservation and utilization of such waters for power purposes and for other beneficial public uses, including recreational purposes, and the Licensee shall release water from the project reservoir at such rate in cubic feet per second, or such volume in acre-feet per specified period of time, as the Commission may prescribe for the purposes hereinbefore mentioned. Article 13. On the application of any person, association, ¢c ation, Federal agency, State or 3 ; iaing works, ‘lands and water rights, or parts thereo!, as may be ordered by the Commission, after notice and opportunity oy for hearing, in the interests of comprehensive development of the waterway or waterways involved and the conservation and utilization of the water resources of the region for water supply or for the purposes of steam-electric, irrigation, industrial, municipal or similar uses. The Licensee shall receive reasonable compensation for use of its reservoir or other project properties or parts thereof for such purposes, to include at least full reimbursement for any damages or expenses which the joint use causes the Licensee to incur. Any such compensation shall be fixed by the Commission either by approval of an agreement between the Licensee and the party or parties benefiting or after notice and opportunity for hearing. Applications shall contain information in sufficient detail to afford a full understanding of the proposed use, including satisfactory evidence that the applicant possesses necessary water rights pursuant to applicable State law, or a showing of cause why such evidence cannot concurrently be submitted, and a statement as to the relationship of the proposed use to any State or municipal plans or orders which may have been adopted with respect to the use of such waters. Article 14. In the construction or maintenance of the project works, the Licensee shall place and maintain suitable structures and devices to reduce to a reasonable degree the liability of contact between its transmission lines and telegraph, telephone and other signal wires or power trans- mission lines constructed prior to its transmission lines and not owned by the Licensee, and shall also place and maintain suitable structures and devices to reduce to a reasonable degree the liability of any structures or wires falling or obstructing traffic or endangering life. None of the provisions of this article are intended to relieve the Licensee from any responsibility or requirement which may be imposed by any other lawful authority for avoiding or eliminating inductive interference. Article 15. The Licensee shall, for the conservation and development of fish and wildlife resources, construct, maintain, and operate, or arrange for the construction, maintenance, and operation of such reasonable facilities, and comply with such reasonable modifications of the project structures and operation, as may be ordered by the Commission upon its own motion or upon the recommendation of the Secretary of the Interior or the fish and wildlife agency or agencies of any State in which the project or a part thereof is located, after notice and opportunity for hearing. 27 = Article 16. Whenever the United States shall desire, in connection with the project, to construct fish and wildlife facilities or to improve the existing fish and wildlife facilities at its own expense, the Licensee shall permit the United States or its designated agency to use, free of cost, such of the Licensee's lands and interests in lands, reservoirs, waterways and project works as may be reasonably required to complete such facilities or such improvements thereof. In addition, after notice and opportunity for hearing, the Licensee shall modify the project operation as may be reasonably prescribed by the Commission in order to permit the maintenance and operation of the fish and wildlife facilities constructed or improved by the United States under the provisions of this article. This article shall not be interpreted to place any obligation on the United States to construct or improve fish and wild- life facilities or to relieve the Licensee of any obligation under this license. Article 17. The Licensee shall construct, maintain, and operate, or shall arrange for the construction, main- tenance, and operation of such reasonable recreational facilities, including modifications thereto, such as access roads, wharves, launching ramps, beaches, picnic and camping areas, sanitary facilities, and utilities, giving consideration to the needs of the physically handicapped, and shall comply with such reasonable modi- fications of the project, as may be prescribed here- after by the Commission during the term of this license upon its own motion or upon the recommendation of the Secretary of the Interior or other interested Federal or State agencies, after notice and opportunity for hearing. Article 18. So far as is consistent with proper operation of the project, the Licensee shall allow the public free access, to a reasonable extent, to project waters and adjacent project lands owned by the Licensee for the purpose of full public utilization of such lands and waters for navigation and for outdoor recreational purposes, including fishing and hunting: Provided, That the Licensee may reserve from public access such portions of the project waters, adjacent lands, and project facilities as may be necessary for the protection of life, health, and property. Bre re am Article 19. In the construction, maintenance, or operation of the project, the Licensee shall be responsible for, and shall take reasonable measures to prevent, soil erosion on lands adjacent to streams or other waters, stream sedimentation, and any form of water or air pollution. The Commission, upon request or upon its own motion, may order the Licensee to take such measures as the Commission finds to be necessary for these purposes, after notice and opportunity for hearing. Article 20. The Licensee shall consult with the appropriate State and Federal agencies and, within one year of the date of issuance of this license, shall sub- mit for Commission approval a plan for clearing the reser- voir area. Further, the Licensee shall clear and keep clear to an adequate width lands along open conduits and shall dispose of all temporary structures, unused timber, brush, refuse, or other material unnecessary for the purposes of the project which results from the clearing of lands or from the maintenance or alteration of the project works. In addition, all trees along the periphery of project reservoirs which may die during operations of the project shall be removed. Upon approval of the clearing plan all clearing of the lands and disposal of the unnecessary material shall be done with due diligence and to the satisfaction of the authorized represen- tative of the Commission and in accordance with appropriate Federal, State, and local statutes and regulations. Article 21. Timber on lands of the United States cut, used, or destroyed in the construction and maintenance of the project works, or in the clearing of said lands, shall be paid for, and the resulting slash and debris disposed of, in accordance with the requirements of the agency of the United States having jurisdiction over said lands. Payment for merchantable timber shall be at current stump- age rates, and payment for young growth timber below merchantable size shall be at current damage appraisal values. However, the agency of the United States having jurisdiction may sell or dispose of the merchantable timber to others than the Licensee: Provided, That timber so sold or disposed of shall be cut and removed from the area prior to, or without undue interference with, clearing operations of the Licensee and in coordination with the Licensee's project construction schedules. Such sale or disposal to others shall not relieve the Licensee of responsibility for the clearing and disposal of all slash and debris from project lands. Article 22. The Licensee shall do everything rea- sonably within its power, and shall require its employees, contractors, and employees of contractors to do every- thing reasonably within their power, both independently and upon the request of officers of the agency concerned, to prevent, to make advance preparations for suppression of, and to suppress fires on the lands to be occupied or used under the license. The Licensee shall be liable for and shall pay the costs incurred by the United States in suppressing fires caused from the construction, operation, or main- tenance of the project works or of the works appurtenant or accessory thereto under the license. Article 23. The Licensee shall interpose no ob- jection to, and shall in no way prevent, the use by the agency of the United States having jurisdiction over the lands of the United States affected, or by persons or corporations occupying lands of the United States under permit, of water for fire suppression from any stream, conduit, or body of water, natural or artificial, used by the Licensee in the operation of the project works covered by the license, or the use by said parties of water for sanitary and domestic purposes from any stream, conduit, or body of water, natural or artificial, used by the Licensee in the operation of the project works covered by the license. Article 24. The Licensee shall be liable for injury to, or destruction of, any buildings, bridges, roads, trails, lands, or other property of the United States, occasioned by the construction, maintenance, or operation of the project works or of the works appurtenant or accessory thereto under the license. Arrangements to meet such liability, either by compensation for such injury or destruction, or by reconstruction or repair of damaged property, or otherwise, shall be made with the appropriate department or agency of the United States. Article 25. The Licensee shall allow any agency of the United States, without charge, to construct or permit to be constructed on, through, and across those project lands which are lands of the United States such conduits, chutes, ditches, railroads, roads, trails, telephone and power lines, and other routes or means of transportation and communication as are not inconsistent with the enjoyment HE as fa I ! 1 | - 10 - of said lands by the Licensee for the purposes of the license. This license shall not be construed as conferring upon the Licensee any right of use, occupancy, or enjoyment of the lands of the United States other than for the construction, operation, and maintenance of the project as stated in the license. Article 26. In the construction and maintenance of the project, the location and standards of roads and trails on lands of the United States and other uses of lands of the United States, including the location and condition of quarries, borrow pits, and spoil dis- posal areas, shall be subject to the approval of the department or agency of the United States having supervision over the lands involved. Article 27. The Licensee shall make provision, or shall bear the reasonable cost, as determined by the agency of the United States affected, of making provision for avoiding inductive interference between any project transmission line or other project facility constructed, operated, or maintained under the license, and any radio installation, telephone line, or other communication facility installed or constructed before or after con- struction of such project transmission line or other project facility and owned, operated, or used by such agency of the United States in administering the lands under its jurisdiction. Article 28. The Licensee shall make use of the Commission's guidelines and other recognized guidelines for treatment of transmission line rights-of-way, and shall clear such portions of transmigsion line rights-of-way across lands of the United States as are designated by the officer of the United States in charge of the lands; shall keep the areas so designated clear of new growth, all refuse, and inflammable material to the satisfaction of such officer; shall trim all branches of trees in contact with or liable to contact the trans- mission lines; shall cut and remove all dead or leaning trees which might fall in contact with the transmission lines; and shall take such other precautions against fire as may be required by such officer. No fires for the burning of waste material shall be set except with the prior written consent of the officer of the United States in charge of the lands as to time and place. -ll - Article 29. The Licensee shall cooperate with the United States in the disposal by the United States, under the Act of July 31, 1947, 61 Stat. 681, as amended (30 U.S.C. sec. 601, et seg.), of mineral and vegetative materials from lands of the United States occupied by the project or any Part thereof: Provided, That such disposal has been authorized by the Commission and that it does not unreasonably interfere with the occupancy of such lands by the Licensee for the purposes of the license: Provided further, That in the event of disagreement, any question of unreasonable interference shall be determined by the Commission after notice and opportunity for hearing. Article 30. If the Licensee shall cause or suffer essential project property to be removed or destroyed or to become unfit for use, without adequate replacement, or shall abandon or discontinue good faith operation of the project or refuse or neglect to comply with the terms of the license and the lawful orders of the Commission mailed to the record address of the Licensee or its agent, the Commission will deem it to be the intent of the Licensee to surrender the license. The Commission, after notice and opportunity for hearing, may require the Licensee to remove any or all structures, equipment and power lines within the project boundary and to take any such other action necessary to restore the project waters, lands, and facilities remaining within the project boundary to a condition satisfactory to the United States agency having jurisdiction over its lands or the Commission's authorized representative, as appropriate, or to provide for the continued operation and maintenance of nonpower facilities and fulfill such other obligations under the license as the Commission may prescribe. In addition, the Commission in its discretion, after notice and opportunity for hearirg, may also agree to the surrender of the license when the Commission, for the reasons recited herein, deems it to be the intent of the Licensee to surrender the license. Article 31. The right of the Licensee and of its successors and assigns to use or occupy waters over which the United States has jurisdiction, or lands of the United States under the license, for the purpose of maintaining the project works or otherwise, shall absolutely cease at the end of the license period, unless the Licensee has obtained a new license pursuant to the then existing laws and regulations, or an annual license under the terms and conditions of this license. - 12 - Article 32. The terms and conditions expressly set forth in the license shall not be construed as impairing any terms and conditions of the Federal Power Act which are not expressly set forth herein. ATTACHMENT 3- LETTER TO LARRY CRAWFORD REGARDING POWER SITE CONVEYANCE 93Q1\JD4285(7) sone LAW OFFICES LLOYO V ANOERSON SUSAN © BENLne BIRCH, HORTON, BITTNER, PESTINGER AND ANDERSON RONALDO G BIRCH WILLIAM H. BITTNER A PROFESSIONAL CORPORATION 1127 WEST SEVENTH AVENUE PHILIP BLUMSTEIN ROONEY B. GARMAN ' ANCHORAGE. ALASKA 99501 Josten M ChOws i 140 CONNECTICUT AVE..N. W.,SUITE 1100 (663) 376.1550 RY HN WILLIAM. & Dewey WASHINGTON, D. GC. 20036 TELEX 25-356 PAUL L. DILLON UY. -< ERICA cOsePu Ww. EVANS (202) 659-5800 711 GAFFNEY ROAD KENNETH J. GOLOMAN FAIRBANKS, ALASKA 99701 RICHARD G. HAGGART TIMOTHY M. HAAKE® (907) 452-1666 HAL R. HORTON = wage w. JUNE OO” 130 SEWARD STREET, SUITE 411 Siere oo JUNEAU, ALASKA 9980! FFREY 8. LOWENFELS PAUL RLYLE (907) 586-2890 PATRICK H. OWEN MICHAEL J. PARISE SUZANNE C. PESTINGER MICHAEL V. REUSING ELISABETH H ROSS STEPHEN F SORENSEN BARRY N. SUMMER ® €.BU00 SIMPSON SONATHAN KOTICLINGHAST November 28, 1984 * NOT AOMITTED IN ALASKA OANIEL W. WESTERBURG Mr. Larry Crawford CONFIDENTI: “CLIENT Executive Director COMMUN : RRODUCT Alaska Power Authority PREPARED iN iON; State of Alaska : RESTRICTED DISTRISUTICN 334 W. 5th Avenue Anchorage, AK 99501 RE: Bradley Lake Hydroelectric Project Dear Larry: This responds to Carolyn Jones' letter dated October 29, 1984 (Attachment A), conveying the APA's request that we ask FERC Staff whether FERC agrees with a DNR Staff suggestion that administrative responsibility for the Bradley Lake Project lands should be transferred from the U.S. Army Corps of Engineers to the FERC. It was assumed by the DNR that the FERC could transfer title to the Project lands to the State as part of the license. We have prepared the attached analysis so that you and your staff can understand the legal context of the DNR proposal and the points that came up at our meeting with FERC Staff. (Attachment B) I will summarize our major conclusions here. The FERC has questionable authority to alter the various withdrawals that were placed over the Bradley Lake Project area before you filed your FERC license application. The BLM may be the action agency as to those. But FERC's authority clearly does run to the latest statutory withdrawal over the area, which went into effect by force of § 24 of the Federal Power Act when you applied for a FERC license. FERC may order a § 24 withdrawal to be vacated altogether, or simply opened (by BLM) for entry or selection under the public land laws. “The BLM actually executes the patents, but only if other withdrawals and legal requirements for such selection and entry have been satisfied. Absent any priority Alaska Native claims in the area, it seems probable that if FERC altered the § 24 withdrawal, the BLM would do likewise as to the others and permit the State to select the patent to the Bradley Lake site. ir. Larry Crawford November 28, 1984 Page 2 When making a determination whether to release its hold over the § 24 withdrawal, the FERC will ask whether the site has power value and, if so, whether the passage of title to the lands out of Federal ownership would inhibit realization of that power potential. If, as is likely here, the FERC would answer the former question in the positive and the latter in the negative, it would authorize BLM to issue a "restricted" patent. That device conveys title but permits the United States to reenter the site, with limited obligations to compensate the patentee, in order to develop the site itself, or license others to do so. If the FERC were petitioned for a § 24 ruling, it would be influenced by several factors: its potential loss of jurisdiction over the project, by reason of § 906(1) of ANILCA; FERC's perception of a bias in the Federal Power Act toward retention of Federal ownership over power sites; FERC's potential loss of a right to collect annual charges; its traditionally protective posture regarding-its jurisdiction. In a meeting on November 14, 1984, the FERC Staff advised us that the FERC would probably not vacate the § 24 withdrawal, but might conclude that at least a. restricted patent could be issued by BLM. They felt that. the Commission would have to be sure that there is a substantial identity of interests between the State, acting as the potential patentee, and the APA, as the licensee. In order for the State to take title free of Native claims that are reported to exist over the area, those claims must be adjudicated by Interior or withdrawn. If the Natives do have a right to a patent in lieu of the State, you will want to take steps to ensure that it is subject to the rights of APA under the license. To do so, your license must be in place before any such title is transferred to the Natives. The State faces here some complicated questions under Federal public land and Federal Power Act law. It is most important from our standpoint as counsel for the APA before the FERC that the DNR not take steps to perfect the State's right, or to precipitate adjudications of the Natives' right, to a patent within the Bradley Lake Reserve without coordinating its actions with us to ensure that the license application is not delayed or clouded by such developments. There will have to be close coordination among the ANCSA/ANILCA experts in the Attorney General's Office, this office, DNR and APA. An approach to the FERC for a section 24 determination would have to be preceded by thorough research and further analysis of timing questions. Meanwhile, any State "top filing" or changes in the status of Native withdrawals or selections must be reported to the FERC, and with our advanced knowledge. Mr. Larry Crawford November 28, 1984 Page 3 We recommend that you have the State's ANCSA and ANILCA legal experts review this memorandum on a confidential basis and inquire into the legal basis of the Native selections, as well as the BLM's priority for adjudicating them. We can do that through this office but it would not appear to be cost-effective. We can help the APA and the DNR develop a fully considered set of options for attempting to obtain an opening or vacation of the withdrawals and a patent of the lands to the State, free of Native claims and (possibly) FERC jurisdiction. Sincerely, BIRCH, HORTON, BITTNER, PESTINGER AND ANDERSON William W. Ga¥ner WWG: lkr cc: Roy Taylor Joe Perkins Thomas J. Arminski Carolyn E. Jones Attachments: Attachment to letter to Mr. Larry Crawford November 28, 1984 Page 1 ANALYSIS AND REPORT ON MEETING AT FERC NOVEMBER 14, 1984 ON BRADLEY LAKE PROJECT In its memorandum to the APA dated October 22, 1984, the DNR Staff assumes that the FERC has jurisdiction to transfer title to Federal lands within the Bradley Lake reserve to the State. This is not the case. The FERC does not have authority alone to transfer (i.e., to patent) title to power project lands out of Federal ownership. It has only the authority conferred by section 24 of the Federal Power Act (s 24), 16 UJSsG. § SIS, ‘to certify to the United States Bureau of Land Management (BLM) that portions of such lands either have no value for power purposes, or that the land will not be injured or destroyed for the purposes cf power development by location, entry, or selection under the public land laws. 18 C.F.R. § 25.2 (1983); Henry E. Reeves v. Andrus, 465 F.Supp. 1065 (D. Alaska 1979). 1/ 1/ Reeves held that while the statutory withdrawal (§ 24 withdrawal) that is effected by filing an application before the FERC could be altered pursuant to FERC Order, FERC could not bar BLM from issuing other withdrawals over the area, as it already has done here. See n.4, infra. The Reeves ruling did not deal with withdrawals over a site other than a power site classification, and is thus distinguishable from your situation. ATTACHMENT B Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 2 This latter type of finding applies the (so-called) "non-interference" standard. But the BLM executes the patents, 43 U.S.C. § 1714, and FERC has questionable jurisdiction to order vacation of other (than § 24) withdrawals that were already made over the site under other law. For that reason, DNR Staff options 1 and 2 cannot be distinguished on our facts. If a "non-interference" determination is applied for and obtained from the FERC, 2/ the BLM will not revoke the § 24 withdrawal. If no other withdrawals exist that BLM cannot or should not revoke, the BLM may then permit "restoration" of rights to enter. But any patent ac-i BLM issues in this event is made subject to a right of reentry in the United States to develop the power site, in the manner specified by § 24 ("restricted patent"). 16 U.S.C. § 818. Thus, in these situations, the Government never gives up ultimate authority over the patent. On the other hand, if the FERC decides that the lands have no value for power purposes, it can issue an order that the BLM 2/ 18 C.F.R. Part 25 (1983); 43 C.F.R. Subpart 2320 (1983). Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 3 "vacate" a § 24 withdrawal 3/ and issue an "unrestricted patent." Public Utility District No. 2 of Grant County, Washington, South Carolina Public Service Authority, 15 FERC q 61,239 (1981) (Attachment I). In this event, the Government gives up all incidents of land ownership. There are several significant legal issues which, whén applied to the Bradley Lake factual situation, would influence a FERC decision under § 24. The wording of § 24 of the Federal Power Act itself suggests that the FERC may not have authority to make either finding with respect to lands that would underlie proposed project works, as opposed me those lying within the P.L.O. boundaries that would not be devoted to project works. If so, then it is possible that the BLM may not have authority to vacate the § 24 withdrawal with respect to those particular lands, and that a Congressional solution may be required. 3/. A question not yet squarely decided is whether FERC can issue such an Order with respect to power site or other power reserves where there has not transpired an application for or grant of a FERC license or permit. The Reeves decision notwithstanding, some contend that FERC has no jurisdiction to police withdrawals other than those where such an application or license exists (so-called “power project" or § 24 withdrawal). Though such a fact situation is not presented at the Bradley Lake site, we mention this to demonstrate the extent to which we are walking through or around a "mine field" of yet-unresolved legal issues. Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 4 Secondly, FERC jurisdiction over this Project, once licensed, may be affected by ANILCA. If Native claims that apparently were filed over the area were rejected by BLM and all three federal withdrawals 4/ were revoked, the State's preference right to select the site under section 6(g) of the Alaska Statehood Act should come into play. Nevertheless, ANILCA provides that the conveyance to the State of lands at the Bradley site would continue to be subject to any duties ("valid existing rights") imposed on the landowner and on the Alaska Power Authority by the FERC license. ANILCA § 906(1), 94 Stat. 2442 (1980). 5/ However, paragraphs 906(1) (2) and (4) of ANILCA seem to provide that when and if lands are TA'd to the State, the State would succeed to the interests of the United States (FERC) as a licensor of the project, or, where those lands do not include all of the lands involved in the license, that FERC may 4/ At least three withdrawals are superimposed on each other here: Power Site Classification No. 436 (1955); P.L.o. Nos. 4056, 3953 (1966); and the withdrawal effected by § 24 of the Federal Power Act itself. In addition, any statutory or administrative withdrawals applicable to the lands, and made under authority of ANCSA or ANILCA, will have to be dealt with. 5/ If ANILCA did not speak to your situation, the passage of title to power project lands out of Federal ownership arguably would not itself novate FERC jurisdiction over this project, since another FERC jurisdictional "peg" may exist: the Project is located on or affecting waters which could be considered navigable. 16 U.S.C. § 817; City of Centralia, Washington, 27 FERC q 63,058 (1984); State of Alaska, CIRI, et al. ANCAB RLS 80-7, IBLA 82-1133 (Aug. 18, 1983). Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 5 waive such administration. This opens the possibility that FERC might choose, or be forced by ANILCA, to relinquish administration of the license to the State if it approves a vacation of the Bradley Lake withdrawal. Compare, Ketchikan Public Utilities, 79 IBLA 286 (March 20, 1984). (Attachment ITI) 6/ Finally, by authorizing vacation of the § 24 withdrawal, FERC would not be able te assess annual charges for your use of Federal lands; whereas, if it made only a non-interference finding, it would so charge. Public Utility District No. 2 of Grant County Washington, supra. Some question the propriety of their assessing charges when, as in Grant Countv, it issues only a "non-interference" ruling. Preferring Congressional to Court action, the South Carolina Public Service Authority was recently successful in having Congress waive annual charges levied against it in that very case; a remedy that APA may itself want to seek in the future. 6/ If the lands were transferred by unrestricted patent, then the FERC might even be petitioned to decide whether the Project is situated on or affecting navigable waters. A negative ruling would mean that the FERC would lose jurisdiction over the Project. See n.5, supra. Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 6 In summary, since its § 24 powers put it in a position to block reentry on or vacation of the withdrawal, the FERC's decision whether to do so would be heavily influenced by the fact that it could lose annual charges, and indeed, even jurisdiction over the Project. The FERC is likely to be zealous to preserve its revenue sources and jurisdiction 7/ -- which, as you have seen, could be lost if the lands are transferred to the State. Thus, reauests for Staff opinions in this area must be carefully couched because these same people will write the Commission's rulings on point, if a ruling is sought. We had to be careful not to bring up certain of these issues. We had a meeting on November 14th with Ray Hagenlock, FERC's Deputy Assistant General Counsel for Hydropower. Also in attendance was Dave Boergers, who is the lawyer assigned to the Bradley Lake Project. Quite simply, Hagenlock predicted that, if requested to do so, the Commission would not order that the Bradley Lake withdrawal be vacated. He said the site has demonstrable power potential, and thus, that § 24 does not permit the Commission to order vacation of the withdrawal. He did observe that the Commission might be persuaded to restore the 7/ C£., Escondido Mutual Water Co. v. La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, 104 S.Ct. 2105 (1984). Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 7 lands in question to entry, location or selection subject to the section 24 reservation, because a conveyance of the land to an entity which is also the licensee (State of Alaska) arguably could be found not to interfere with the power values of the site. However, he felt that the disparity of interests of the State and APA, if any, would have to be explored. We discussed the Commission's rationale in Public Utility District No. 2 of Grant County, supra. In that case the Commission construed section 24, as a matter of law, not to authorize the vacation of withdrawals covering licensed Project lands that had significant power value. The Federal Power Act of 1920 was part of a series of statutes enacted to halt conveyances of valuable Federal land and resources out of Federal ownership. As cited to in Grant County, this principle was applied during the debates on the Federal Power Act of 1920 and was employed by the Commission to reverse an earlier policy on point. We would note that the strong Federal control rationale adopted by the FERC is arguably less applicable to Alaska, in the wake of ANCSA, the Statehood Act, and § 906(1) of ANILCA. And because that FERC ruling was never court-tested, it is by no means a given that the Courts would agree with FERC that it cannot order vacation on facts such as ours. Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 8 Where do you go from here? You could: (1) seek a "non-interference" determination from the FERC as to the entire withdrawal area, thus paving the way for issuance of a restricted patent; (2) seek a restricted patent from the BLM only to lands within the withdrawal which are not immediately under the project works; (3) we could try for the whole nine yards: an unrestricted patent to the entire withdrawal area and, if unsuccessful, try to have the Courts or Congress vacate it. An exploration of the relative merits of pursuing these options before FERC, and indeed, of options for dealing with other withdrawal issues before DOI, are not within the scope of this assignment. There remains the question whether and how to seek a relinquishment of Corps jurisdiction over the withdrawal area. The BLM can revoke the P.L.O.'s issued in 1966 upon a letter request from the Corps of Engineers. We would go to the Corps and ask them to seek a relinquishment, and we are confident that they would do so immediately. With that request of file, BLM would be free to vacate those P.L.O.'s, either as part of its action issuing patents within the Bradley Lake reserve or before that occurs. However, we would want to be very sure that such action did not open an opportunity for Natives to select ahead of the State. Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 9 On the question of when to approach FERC and BLM, the patent should probably not be sought from BLM until the license is issued for the Project. If there are valid Native withdrawals or selections within the withdrawal area, 8/ any conveyance of title to the Natives would be subject to the valid existing right of the APA in the license only if the license had been issued by then. 43 U.S.C. § 1613(g); Rowe v. U.S., 464 F. Supp. 1060 (D. Alaska 1979). Although the right of the State to take a patent 8/ While we defer these questions to the ANCSA/ANILCA experts within DNR, the factual and legal basis of a right of the Natives to select within the Bradley Lake withdrawal area, ahead of the State, is not apparent to us since the Natives' rights within withdrawn lands are limited. Wisenak _v. Andrus, 471 F.Supp 1004 (D. Alaska 1979). Of course, those claims would have to be adjudicated by the BLM or withdrawn. We agree with Staff's suggestion at the bottom of page 2 that § 6(g) of the Alaska Statehood Act gives the State a preference right to select lands within revoked withdrawals. But if we find that § 1l(a) (1) of ANCSA or other law operated to withdraw lands within the power site withdrawal, or if the Natives had otherwise made valid selections therein during the period when exercise of their selection rights was timely, the State could not take ticle. We observe that the CIRI Agreement, which was referred to on page 2 of the DNR Staff paper (and was incorporated into "§ 12(b)" of P.L. 94-204), did not itself place the Bradley Lake withdrawal into that pool for selection by CIRI. However it might yet be so placed, by agreement of the parties. If it is, the State's right, afforded by that Agreement, to exclude some of that contribution to the pool would become operative. Indeed, DNR may want to research whether that Agreement constituted a voluntary relinquishment of Native claims within the Bradley Lake reserve. Attachment to letter to Mr. Larry Crawford November 27, 1984 Page 10 that is free of Native rights needs to be determined by adjudication before BLM, you want your valid existing rights in place before BLM adjudicates the Native claims. Likewise, you want your license issued before the State seeks a change in the status of the withdrawals, since that action would bring that same Native claim question to a head. ATTACHMENT 4- LETTERS REGARDING STATE SELECTION OF HYDROPOWER SITES 93Q1\D4285(8) . ii | United States Department of the Interior sx@=s W/E re = ena BUREAU OF LAND MANAGEMENT a — ar a4 ALASKA STATE OFFICE te 222 W. 7th Avenue, #13 ANCHORAGE, ALASKA 99513-7599 AA-58848 (2311) AA-58747 (2344) (932) State of Alaska EUG 20 eee. Department of Natural Resources Division of Lands st Shere tie’ Attention: Jim Culbertson xi P.O. Box 107605 han @ <li Bem Anchorage, Alaska 99510-7005 Dear Jim: Per our telephone conversation, I have outlined the process for the revocation/restoration actions required for waterpower withdrawals with specific needs for the Bradley Lake Project. The Bradley Lake Hydroelectric Project area is withdrawn by two waterpower withdrawals--Power Site Classification (PSC) No. 436 (BLM casefile AA-58848) and Power Project (PP) No. 8221 (BLM casefile AA-58747). The State of Alaska filed an application/ petition for full revocation of PSC No. 436; however, action was deferred until the power project was completed and final as-built exhibit maps are submitted to the Federal Energy Regulatory Commission (FERC). You indicated that the submission of the maps will be finalized in the next several weeks. At this time, BLM does not have on file a petition/application for revocation or restoration of PP No. 8221. The following:actions will be required when the as-built exhibit maps are finalized and filed with FERC: - The State will file with BLM an application/petition for either full revocation of PP No. 8221 or for restoration subject to Section 24 of Federal Power Act (FPA). In addition, it would be appropriate to reaffirm the State’s request for revocation of PSC No. 436. - BLM will review both application/petitions with respect to land use planning and management and also prepare a waterpower appraisal report for PSC No. 436. BLM’s recommendation to FERC is based on these findings. - If BLM’s recommendation is favorable, we will forward the application/petitions and the waterpower appraisal report to FERC for its review and determination under Section 24 of the FPA. - If FERC does not determine that the revocation or restoration is appropriate, BLM will deny the application/petitions. ce: If FERC’s determination is favorable, BLM will proceed with the appropriate opening action. For the Power Site Classification, a Public Land Order is required. Prior to submitting the PLO revoking the Power Site Classification to Washington for approval, a field report must be prepared by our District Office. The Power Project can go one of two ways. If FERC agrees to full revocation, BLM simply notes our records to remove the Power Project. If FERC agrees only to restoration subject to Section 24, BLM must issue a Federal Register Notice which is signed here in the BLM State Office. Since the area has been tépfiled by the State, the selection will attach upon issuance of the PLO or Notice without further action by the State. Sincerely, /8/ Sandra C. Thomas Sandra C. Thomas Chief, Withdrawal Section Tom Arminski Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 CORESSPGNDENCE DISTRIRUTION ACTION: vf a ae \& tah Wot fa | Ww UO L DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND 0D fy wo WALTER J. HICKEL, GOVERNOR WANO & RESOUACES SECTION 3601 C STREET .0, BOX 107005 ANCHORAGE, ALASKA 995 10-7005 PHONE: (907) 762-2680 October 7, 1992 Mr. Edward Spang, Director Alaska State Office Bureau of Land Management U. S. Department of the Interior 222 W. 7th Ave. #13 Anchorage, AK 99513-7599 Subject: Petition for Vacation and Restoration: Bradley Lake Power Project 8221; BLM Serial No. AA 58747 Dear Mr. Spang: In accordance with 18 CFR 25.1 and 43 CFR 2320.3, the State of Alaska hereby petitions for vacation and restoration of Power Project (PP) 8221, subject to the provisions of Section 24 of the Federal Power Act. The state intends to acquire the land under Section 6(b) of the Alaska Statehood Act (PL 85-508), The land is currently top-filed under 906(e) of the Alaska National Interest Lands Conservation Act (PL 96-487), The withdrawn land is located in the Kenai Peninsula Borough as follows: Power Project 8221 within Sections 30 and 31, Township 4 South, Range 9 West; and Sections 35 and 36, Township 4 South, Range 10 West; and Sections 19, 20, 29, 30, and 31, Township 5 South, Range 8 West, and Sections 3, 6 through 11, 14 through 17, 22 through 26, and 36, Township 5 South, Range 9 West; and Sections 1, 2, 3, and 9 through 13, Township 5 South, Range 10 West, and Section 6, Township 6 South, Range 8 West, Seward Meridian. The land is top-filed under state selections A 050897, and AA 58738 through 58740, which were filed in 1959 and 1986. Under state ownership the land will be managed for hydroelectric purposes and other compatible uses. This land is one of the State of Alaska’s highest priorities for conveyance from the federal government. n ¢. LAND-LPS ANCHORAGENSZe Ww Edward Spang October 7, 1992 Page 2 The Federal Energy Regulatory Commission (FERC) Power Project licensee for the power project is the Alaska Energy Authority (AEA). The AEA has developed the Bradley Lake hydroelectric project and wants to manage the state-owned facility on land that is owned by the State of Alaska. In requesting the vacation of PP 8221, the state does not wish to diminish the privileges granted by the FERC to the Power Project licensee. On behalf of the State of Alaska, I request vacation of Power Project 8221 and restoration of the land to the operation of the public land laws, so that the state selection may attach to the land. Thank you for your attention to this matter. Please do not hesitare to contact me at (907) 762- 2692 if you have questions. A ten dollar application fee is enclosed. Sincerely, P= Ron Swanson Director cc: Tom Arminski; Alaska Energy Authority Rick Thompson; Southcentral Regional Manager; Div. of Land Dave LaMore; AK District, U.S. Army Corps of Engineers FES 22 '9S 14:18 ADNR D LAND VLRE SNCHURACES2a¢ am exGe ia Se te pa ts 74 - ot == ST lee 1h ee fe i 4 (e ; _ ay fits t - wy Gi NS, a WALTER J. HICKEL, GOVERNOR Wis YE Pew DEPARTMENT OF NATURAL RESOURCES ipt2 & RESOURCES SECTION 2.0. BOX 197005 DIVISION OF LAND Pst igre yang October 7, 1992 Mr. Edward Spang, Director Alaska State Office Bureau of Land Management U. S, Department of the Interior 222 W. 7th Ave. #13 Anchorage, AK 99513-7599 Subject: Petition for Vacation and Restoration: Swan Lake Power Project 2911; BLM Serial No. AA 56764 Dear Mr. Spang: In accordance with 18 CFR 25.1 and 43 CFR 2320.3, the State of Alaska hereby petitions for vacation and restoration of Power Project (PP) 2911, subject to the provisions of Section 24 of the Federal Power Act. The state intends to acquire the land under Section 6(a) of the Alaska Statehood Act (PL 85-508). The land is currently top-filed under 906(e) of the Alaska National Tnterest Lands Conservation Act (PL 96-487). The portion of PP 2911 that affects this state selection is located on Revillagigedo Island in the Ketchikan Gateway Borough as follows: On Swan Lake, Falls Creek, and Carroll Inlet within Sections 11 through 15, 19 through 23, and 27, Township 72 South, Range 92 East, Copper River Meridian. It does not include the portion of PP 2911 that follows the centerline of the transmission line for the power project. The state top-filed on the land under National Forest Community Grant (NFCG) selection no. 281, BLM serial no. AA-71620, on September 18, 1989. The U.S.D.A. Forest Service has approved this selection of 600 acres. The state will manage this land for hydroelectric power purposes. The Federal Energy Regulatory Commission (FERC) Power Project licensee for the hydroelectric project is the Alaska Energy Authority (AEA). The AEA developed the existing state-owned hydroelectric facilities at Swan Lake. The AEA would like to manage the facilities FEB @2 "9S 14°15 ADNP DIV. LAND/LRE ANCHORAGEASae Edward Spang October 7, 1992 Page 2 on land that is owned by the State of Alaska. In requesting the vacation of PP 2911, the state does not wish to diminish the provisions granted by the FERC to the Power Project licensee. On behalf of the State of Alaska, I request vacation of Power Project 2911 and restoration of the land to the operation of the public land laws, so that the state selection may attach to the land. Thank you for your attention to this matter. Please do not hesitate to contact me at (907) 762- 2692 if you have questions. A ten doilar application fee is enclosed. ce; Tom Arminski; Alaska Energy Authority Andy Pekovich; Southeast Regional Manager: Div. of Land a t A ¢ t ve ( L 1 ms 0 o I 1 mo { mt) in 1 l i 2 I 1 Ds) 0 Le A \\ HN c iy Hite ALN eit ‘WALTER J. HICKEL, GOVERNOR Weyl ime Qu ewe eles DEPARTMENT OF NATURAL RESOURCES SANO & RESOURCES SECTION ; P.O. BOX 1Q70C5 DIVISION OF LAND J Meca Gon ALASKA W610-7008 October 7, 1992 Mr. Edward Spang, Director Alaska State Office Bureau of Land Management U. S. Department of the Interior 222 W. 7th Ave. #13 Anchorage, AK 99513-7599 Subject: Petition for Vacation and Restoration: Tyee Lake Power Project 3015; BLM Serial No. AA 59059 Dear Mr. Spang: In accordance with 18 CFR 25.1 and 43 CFR 2320.3, the State of Alaska hereby petitions for vacation and restoration of Power Project (PP) 3015, subject to the provisions of Section 24 of the Federal Power Act. The state intends to acquire the land under Section 6(a) of the Alaska Statehood Act (PL 85-508). The land is currently top-filed under 906(e) of the Alaska National Interest Lands Conservation Act (PL 96-487). The withdrawn land that affects the state’s selection is described as follows: Those portions of PP 3015 on Tyee Lake and Bradfield Canal within Sections 2, 3, and 11, Township 66 South, Range 90 East, and within Sections 20, 21, 28 through 31, 33, and 34, Township 65 South, Range 90 East, Copper River Meridian. The state selected the land within this Power Project on September 19, 1989 under National Forest Community Grant (NFCG) selection no.'s 288 and 289, BLM serial no.’s AA-71676 and AA-71677, The U.S.D.A. Forest Service has approved these selections totalling 5,070 acres. The purpose for the first selection, NFCG 288, is for community development. The land is suitable for development, and there is adequate access by the Bradfield River and suitable port site locations. The second selection, NFCG 289, was selected in order for the state to acquire ownership of the power site and reservoir for the existing state-owned hydroelectric project at Tyee Lake, i u ¢ r wo t ft a zx i a Oo t 1 o t nm I i 1 PB Li sw ® n A a The Federal Energy Regulatory Commission (FERC) Power Project licensee for the hydroelectric project is the Alaska Energy Authority (AEA). The AEA developed the existing state-owned hydroelectric facilities at Tyee Lake. The AEA would like to manage the facilities on land that is owned by the State of Alaska. In requesting the vacation of PP 3015, the state does not wish to diminish the provisions granted by the FERC to the Power Project licensee. The state will manage this land for community development and hydroelectric power purposes. On behalf of the State of Alaska, I request vacation of Power Project 3015 and restoration of the land to the operation of the public land laws, so that the state selection may attach to the land. Thank you for your attention to this matter. Please do not hesitate to contact me at (907) 762- 2692 if you have questions. A ten dollar application fee is enclosed. EZ a —,, ee ee ke. cc; Tom Arminski; Alaska Energy Authority t Andy Pekovich; Southeast Regional Manager; Div. of Land \ \ x \ enti J Foe’ - yi) f GN nyit ) f\ Geely fA S| hh \] fl I | | hi i inh K | + Hhi WALTER J. HICKEL, GOVERNOR Ty sth tt rut rae ite $ DEPARTMENT OF NATURAL RESOURCES eee nn P.O. BOX 107005 DIVISION OF LAND PHONE. (007) 762-2600 — FILE CORY, October 20, 1992 RF CEIVED GE fe E11 HONK oct 27 1992 Ms. Sandra Thomas ska energy Authority Land and Renewable Reso Bureau of Land Management U. S. Department of the Interior 222 W. 7th Ave. #13 Anchorage, AK 99513-7599 Subject: Power Project and Power Site Classification Restoration Requests Dear Sandra: We submitted on October 7 petitions to open for state selection the lands within several hydroelectric power withdrawals. Odin Brudie met yesterday with your staff to clarify several details in the petitions for Ketchikan, Lake Dorothy, Tyee Lake, Takatz Lake, Bradley Lake, and Chakachamna. This letter summarizes these clarifications. For PP 420, at Ketchikan, we stated that the state has top-filed on the entire Power Project area. This is not the case. Our selection only covers the land within PP 420 that is outside of Tongass National Forest, and outside the land delimited under the Act of July 27, 1939, Sections 19 and 20, Township 75 South, Range 91 East, Copper River Meridian. It does not include Upper and Lower Ketchikan Lakes as we stated. Our petition to open PSC 238, Lake Dorothy, should include only the area that we have selected. Sections 19 and 20, Township 42 South, Range 70 East, Copper River Meridian, should not be included in the legal description as your staff pointed out. It makes sense to open the entire withdrawal so that remnant pieces of the withdrawal are not left to stand on their own. However, we have tried to limit our requests to the areas selected by the state. For Tyee Lake, PP 3015, we have dropped the transmission line from our request for vacation and restoration. We understand that since there is no acreage attached to the transmission line, this portion of the Power Project does or will not prevent the state selection from attaching. Therefore we have removed Sections 20, 29, 30, and 31, Township 65 South, Range 90 East, Copper River Meridian from our request. Sandra Thomas Page 2 October 21, 1992 PSC 221 at Takatz Lake does not lie within Section 1, Township 55 South, Range 66 East; or within Section 6, Township 55 South, Range 67 East, Copper River Meridian. Please remove these sections from our petition. At Bradley Lake we have asked for the restoration of the land under PP 8221 and PSC 436. For PP 8221, please add Section 29, Township 4 South, Range 9 West, Seward Meridian to the - legal description in our request. For PSC 436, please delete Section 35, Township 4 South, Range 10 West, and add Sections 21 and 28, Township 5 South, Range 8 West, Seward Meridian. Finally, at Chakachamna, PSC 395, we omitted Section 9, Township 13 North, Range 19 West, Seward Meridian from our petition. Please add this section to the legal description for Chakachamna. Well that should cover it. Thank you for taking the time to point out these discrepancies. I hope this letter clears them up. If you have any further questions, please contact Odin Brudie at 762-2660. Sincerely, QQ. SO ng’ Dennis Daigger Operations Unit Manager cc: | Andy Pekovich; Div. of Land Southeast Region Carol Shobe; Div. of Land Title and Contract Administration Tom Arminski; Alaska Energy Authority Tom Stevenson; City of Ketchikan % United States Department of the Interior — ATION IE A BUREAU OF LAND MANAGEMENT Ge ee ALASKA STATE OFFICE = os 222 W. 7th Avenue, #13 ANCHORAGE, ALASKA 99513-7599 AA-40482 (2370) Ere AA-56764 (2370) is REC TAMED AA-56925 (2370) ‘ AA-59059 (2370) i jgP3e AA-59192 (2370) aueone $2 YAS gnY =) all J. Mark Robinson, Director Division of Project Compliance & Administration Mail Code: HL21.3 Federal Energy Regulatory Commission 825 North Capital Street, N.E. Washington, D.C. 20426 Dear Mr. Robinson: The State of Alaska, Department of Natural Resources, Division of Land, has petitioned the Bureau of Land Management (BLM), Alaska State Office for restoration, subject to Section 24 of the Federal Power Act (FPA), of all or portions of the following four Power Projects: Swan Lake Power Project No. 2911 (AA-56764) Ketchikan Lakes Power Project No. 420 (AA-56925) Tyee Lake Power Project No. 3015 (AA-59059) Crystal Lake Power Project No. 201 (AA-59192) Restoration of the power project withdrawals would permit conveyance of these lands to the State under the Alaska Statehood Act (PL 85-508). The U.S. Forest Service has approved the State's applications for selection of those project lands which are located within the Tongass National Forest. The State has petitioned for restoration of Power Site Classification (PSC) No. 436 and Power Project No. 8221 which encompasses the Bradley Lake Project, after completion of our waterpower evaluation report for PSC No. 436, both petitions will be forwarded to your agency. Page 2 In addition, several years ago the State petitioned BLM for full revocation of a portion of PSC No. 221 at Baranof Lake (AA-40482). On December 9, 1991, the State was informed that BLM could not recommend a full revocation of the classification, but could support the restoration of the lands subject to the provisions of Section 24 of the FPA. Recently the State has resubmitted their petition requesting restoration subject to Section 24. If approved, the restoration of PSC No. 221 at Baranoff Lake would protect the waterpower values while also allowing the lands to be opened to selection by the State for purposes of community expansion and recreation. Baranof is a potentially valuable hydroelectric site and the City of Sitka is interested in the site for future development. Attached is the Waterpower Evaluation Report for the Baranof Lake Site. All of the lands petitioned for in the four Power Projects and the lands within PSC No. 221 near Baranof Lake have been depicted on the attached Master Title Plats. We request that you review these and make a determination subject to Section 24 of the FPA. If you have any questions regarding any of these sites please call Robbie Havens of our Withdrawal Staff, at (907) 271-5477, Sincerely, /ef BIGHOP T. BUCKLE Bishop T. Buckle Deputy State Director Land and Renewable Resources 3 Attachments 1 - Four Power Project Petitions w/MTP's 2 - Power Site Classification Petition w/MTP 3 - BLM Waterpower Evaluation Report ce: Mr. Ron Swanson Director, Division of Lands Department of Natural Resources State of Alaska P.O. Box 107005 Anchorage, Alaska 99510-7005 Mr. Wayne Ash U.S.D.A. Forest Service, Region 10 Lands Division P.O. Box 21628 Juneau, Alaska 99802-1628 Mr. Tom Arminski Alaska Energy Authority P.O. Box 190869 701 East Tudor Road Anchorage, Ak. 99519-0869 Page 3 ATTACHMENT 5- EXPLANATION OF POWER SITE CLASSIFICATIONS AND POWER PROJECT WITHDRAWALS 93Q1\D4285(9) PE be CRAZE AAS taba Analy sss BU1 Southantad Reccurd Néd. Pla L QUeR SITE CLASSIFICATIONS On Ou OP = The Secretary of the Interior was authorized to make Power Site Classifications by the Act of March 3,1879. This type of classification has the following segregative effects; closed to public land laws; open to mineral location after Aug.11, 1955; open to mineral leasing unless specifically closed by withdrawal order. Once this classification was made, it was subject to valid existing rights; and the classification shall have full force and effect under the provisions of section 24 of the Act of June 10, 1920 (FWPA). Section 24 of FWPA allows FERC to make a determination that the area classified as a power site will not be injured or destroyed for the purposes of power development by location, entry, or selection under the public-land laws. Upon notice of such determination, the Secretary of the Interior, shall declare open to location, entry, or selection, said lands; subject to a reservation of the right of the United States to use any part or all of said lands necessary for purposes of power development. What this means is that PSC's, upon sec. 24 determination, do not restrict activities within the withdrawal area; however, these withdrawals may restrict long-term capital investments, since owners of capital investments would not be compensated for any loss if the sites were developed for power. The Bureau does, however, have to request this determination from FERC through its Washington Office (WO). The Glennailen District has three PSC's that involve eleven projects that are either wholly or partially within our boundaries. The PSC's along with the PP's will be further illustrated in Table-3. Some of these PSC withdrawal areas have been selected by the State and Native Corps. in the case of the State, the State requests the BLM to petition FERC for a Sec. 24 determination. We need that determination before we can convey title to them. in the case of the Native selection, ANCSA allows us to patent the land without getting a Sec, 24 datermination, Where the PSC projects were incorporated into the NPS or USFS by ANILCA, these agencies would have to petition FERC for a Sec. 24 determination before these lands could *’ ba opened for development, other than power development. ' 3 Conversely power development could only be done on those sites according—- to stipulation set forth by those agencies. POWER PROJECTS: = 309 FEB 12 ’92 12:24 DNR VALDEZ ano ar Oh — OO OWWWOWNNMNNNNN NW) WH =| += |= ~ = A= He He Hse Anh WNDHOHKHOAN OOF ON" CHAN A NAR WNH =A CO Power Project withdrawals are withdrawals of public lands by applications to FERC under the authority of the FWPA of June 10, 1920. These withdrawals differ from Power Site Classifications in that they are made automatically upon receipt of an application to FERC. filed pursuant to FWPA by an individual or company. The BLM has no say in the creation or removal of these withdrawals. FERC Is, however, required to include in their license stipulations, proposed by BLM, before power development is allowed. Segregations imposed by this type of withdrawal are as follows: closed to public land laws in application stage; closed to mining location upon issuance of a preliminary permit or license by FERC; open to mineral leasing; open to mining again when permit or license expired. If the power project is for transmission line purposes only, then not clesed to public land laws, mining or mineral leasing, but does need a sec. 24 determination to be removed, /f the BLM wants to remove the segregations imposed by these withdrawals, we can request a sec. 24 determination and if positive, we can open the lands subject to the PP. [n the GD we have four PP withdrawals in various stages of segregation. The Susitna Power Project, PP-7114 was applied for and withdrawn, then the applicant withdrew the application and the BLM requested a sec. 24 determination from FERC to remove the withdrawal. In this case FERC falt that the PP had such potential that it chose not to vacate the withdrawal. This particular case is segregated as though it were under an application. PP-2742 and PP-9682 are licensed, while PP-10652 Is in the application stage. W,S,ROW, &£& Table 3 summarizes the Power projects in the SCRMP area. EXECUTIVE ORDERS: There are six Executive Orders (EQ) in effect in the SCRMP area: EO's 525,2041,3406,4257,4755 and, 9085. From the top- EO525 signed by Teddy Roosevelt in Nov. 1907," reserved and set apart for light-house purposes", a portion of Hinchinbrook Island. EO2041, another lighthouse reservation, was signed by Woodrow Wilson in 1914. It withdrew the southern most mile and a half of Kayak Island from settlement, location, sale, entry, or other disposition. Another EO dealing with lighthouse reserves, signed by President Wilson in 1921 is EOQ-3406. This EO 310 tw ns A Fax From The Alaska Ener. Authori A Pubiie Corporation af the State of Alaska Ronald A Gardnk Geetusive Director a 701 Hast Tudor and nlf a = Sat Se 22 Froor Anchorage: AK 9951 D-O869 Anchorage. AE 2993703 Main Teiaphone Number (987) $61-7877 Fax Number: (907) 561-8384 Deliver Fax to: Jim Be lw ir Company Name: S3 L¢=. Company Address: pee NA eS ee SS Fax Phone #: 265-6 Sender: 7Or, fete n i Sender's Phone # ae # of Pages Sent. ‘ahete cxrmor wivent) Date Fax. Sent: ven tony "SEB LADLE ott: TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT **K COUNT %*x #19 %% SEND KK T 1 |NO REMOTE STATION I. D. | START TIME i DURATION Le | COMMENT | [a T T 1 | ALASKA ATTY GENERAL | 1-29-93 15:25 12°03" | 19 | | TOTAL 0:12'03" 19 XEROX TELECOPIER 7020 A Fax From The Alaska Energy Authori A Public Corporation of the State of Alaska Walter J. Hickel, Governor Ronald A. Garzini, Executive Director A nergy A i A Authori P.O. Bax 190869 701 East Tudor Road, 2nd Floor Anchorage, AK 99519-0869 Anchorage, AK 99503 Main Telephone Number (907) 561-7877 Fax Number: (907) 561-8584 in (b< [Aw mw Deliver Fax to: Company Name: Abs Fa Company Address: WW Fax Phone #: A Sender: Sender's Phone # S¢/- 707} # of Pages Sent: pel iu ca Date Fax Sent: Ue dn pee 6 8 pea SPECIAL INSTRUCTIONS TO FAX RECIPIENT: Page No. 1 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT ** AGENCY BLM BLM / / 06/17/83 = AA-4436 ROW P 06/17/33 INTERTIE ACCESS ROADS (3) ARE 1 INTERTIE TEMPORARY BLM 02/15/90 / / ROW A / / REQUEST FOR ROW TO REPLACE GRANBY 2 SOLOMON ROAD SEGMENT INUNDATED BY SOLOMON GULCH RESERVOIR. BLM 4 /- 10/10/79 AA-12692 ROW P 10/10/09 ROW FOR SOLOMON GULCH T-LINE, 3 > SOLOMON SUBSTATIONS, GUY LINES. BLM / / 03/25/83 AA-47639 ROW P / / ADMINISTRATION WAIVED 4/22/86-LAND 4 TERROR CONVEYED TO OUZINKIE NATIVE CORP BLM / / 06/16/83 = AA-50910 ROW P 06/16/33 PORT LIONS T-LINE ROW. 5 TERROR ** AGENCY COE COE / / 07/25/79 071-OYD-1-780306 SECTION 10 P 06/01/28 TONSINA RIVER CROSSING BY OVERHEAD 6 SOLOMON NAVIGABLE T-LINE. WATERS COE / / 06/27/79 071-OYD-4-780253 DREDGE AND FILL P 06/01/28 SOLOMON GULCH PROJECT DAMS. 7 SOLOMON COE / 1 05/30/80 071-OYD-A-800146 SECTION 10 P 06/01/28 LOWE RIVER AT DAYVILLE ROAD 8 SOLOMON NAVIGABLE CROSSING BY OVERHEAD T-LINES. WATERS COE / / 05/22/80 071-OYD-A-800145 SECTION 10 P 06/01/28 LOWE RIVER CROSSING BY OVERHEAD 9 SOLOMON NAVIGABLE T-LINE. WATERS COE / / 07/19/79 071-OYD-1-780307 SECTION 10 P 06/01/28 KLUTINA RIVER CROSSING BY OVERHEAD 10 SOLOMON NAVIGABLE T-LINES WATERS COE / / 07/19/79 071-O0YD-1-780308 SECTION 10 P 06/01/28 TAZLINA RIVER CROSSING BY OVERHEAD 11. SOLOMON NAVIGABLE T-LINES. WATERS COE / / 03/24/81 =071-OYD-4-800277 WETLANDS FILL P 07/17/30 PERMIT TO PLACE 24,000 CY OF FILL 12 SWAN CARROLL INLET 15 TO CONSTRUCT SWAN LAKE DAM. COE / / 08/14/80 = 071-OYD-2-790413 WETLANDS FILL P 07/17/30 PERMIT TO PLACE 30,000 CY OF FILL 13, SWAN CARROLL INLET 13 SECTION 10 TO CONSTRUCT LOG DUMP, SEAPLANE NAVIGABLE FLOAT, APPROACH PIER, GANGWAY, BOAT WATERS FLOAT AND BARGE RAMP FOR SWAN LAKE HYDROELECTRIC PROJECT. Page No. 2 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT COE / 1 04/24/81 071-0YD-2-800133 SECTION 10, P 10/05/31 FILL PLACEMENT FOR DAMS AT TERROR 14 TERROR SECTION 404 LAKE, SHOTGUN CREEK, FALLS CREEK, WETLANDS FILL ROLLING ROCK CREEK. FILL IN NAVIGAGLE WATERS FOR JETTY AT KIZHUYAK BAY. COE / / 07/22/87 071-OYD-1-870097 SECTION 10 P 08/05/31 PERMIT TO CONSTRUCT AND MAINTAIN 15 TYEE ZIMOVIA STRAIT NAVIGABLE TWO GUY WIRES AND ANCHORS IN 83 WATERS NAVIGABLE WATERS. TYEE HYDROPROJECT T-LINE. COE / / 07/30/82 071-OYD-2-820162 WETLANDS FILL P 08/05/31 PERMIT TO PLACE 1300 CY FILL TO 16 TYEE CONSTRUCT AN AIRCRAFT PARKING APRON AND TURNAROUND . COE / / 12/02/81 =071-OYD-810137 WETLANDS FILL P 08/05/31 PERMIT TO PLACE 1200 CY OF RIPRAP af | TYEE: BRADFIELD CANAL ALONG THE TYEE HYDROPROJECT 4 TAILRACE. COE / / 12/02/81 = 071-OYD-4-810291 WETLANDS FILL P 08/05/31 PERMIT TO PLACE 3000 CY FILL TO 18 TYEE BRADFIELD CANAL CONSTRUCT POWERHOUSE SWITCHYARD AT 5 EAST END OF BRADFIELD CANAL. COE / / 09/16/81 071-OYD-1-810138 SECTION 10 P 08/05/31 PERMIT TO PLACE TYEE HYDROPROJECT 19 * TYEE SUMNER STRAIT 73 NAVIGABLE SUBMARINE CABLES IN NAVIGABLE WATERS WATERS. ** AGENCY DEC DEC 7 AF. MSSS8F WASTERWATER A / / LETTER OF APPROVAL TO CONSTRUCT 20 SOLOMON APPROVAL TO WASTEWATER DISPOSAL SYSTEM. NO CONSTRUCT PERMIT REQUIRED. AS-BUILTS MUST BE SUBMITTED FOR FINAL APPROVAL. MONTHLY DISCHARGE SAMPLING REQUIRED. DEC / / 08/27/90 292666 POTABLE WATER P 06/01/28 REQUIRES ANNUAL COLIFORM TESTING. 21 SOLOMON SYSTEM TEST REQUIRED BY DECEMBER 31 EACH YEAR. DEC 01/29/91 / / SOLID WASTE A / / IN RESPONSE TO DEC LETTER OF 22 SWAN DISPOSAL SITE JANUARY 9, 1991, A COMPLETE SOLID WASTE DISPOSAL APPLICATION SUBMITTED FOR CONTINUING USE OF SWAN LAKE DISPOSAL SITE. DEC 7 / 12/08/80 CARROLL INLET 15 SECTION 401 P 07/17/30 CERTIFICATE OF REASONABLE ASSURANCE 23° SWAN CERTIFICATION FOR SWAN LAKE DAM. Page No. a 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT DEC / / 04/23/86 8613-BA003 SOLID WASTE P 12/31/90 SOLID WASTE DISPOSAL SITE PERMIT 24 SWAN DISPOSAL SITE FOR SWAN LAKE HYDROELECTRIC PROJECT. MUST BE RENEWED EVERY FIVE YEARS. DEC / / 04/06/90 SOLID WASTE P 10/05/31 LETTER FROM DEC WITHDRAWING 25 TERROR DISPOSAL SITE APPLICATION FOR SOLID WASTE DISPOSAL SITE FROM PROCESSING. PERMIT NOT REQUIRED DUE TO SIZE OF SITE AND AEA'S OWNERSHIP OF LAND WHERE DISPOSAL IS TAKING PLACE. DEC / / 08/11/88 8921-FA-014, POTABLE WATER P 10/05/31 APPROVAL TO OPERATE POTABLE WATER 26 TERROR 8921-DA-015 SYSTEM SYSTEM AT TERROR LAKE PERMANENT FACILITIES. DEC / 7 11/08/88 NONE SEPTIC SYSTEM P 10/05/31 APPROVAL TO OPERATE SEPTIC SYSTEM 27 TERROR AT TERROR LAKE PERMANENT FACILITIES. DEC / / 05/12/82 BRADFIELD CANAL SECTION 410 P 08/05/31 CERTIFICATE OF REASONABLE ASSURANCE 28 =TYEE 6 CERTIFICATION - AIRCRAFT PARKING APRON DEC / / 12/02/81 BRADFIELD CANAL SECTION 401 P 08/05/31 CERTIFICATE OF REASONABLE ASSURANCE 29 ~=TYEE 5 CERTIFICATION - POWERHOUSE SWITCHYARD. DEC / / 07/27/81 WAIVER SECTION 401 P 08/05/31 WAIVER OF STATE CERTIFICATION OF 30 =TYEE CERTIFICATION ACTIVITIES AUTHORIZED BY FERC. DEC / / 12/02/81 BRADFIELD CANAL SECTION 401 P 08/05/31 CERTIFICATE OF REASONABLE ASSURANCE 31 «TYEE 4 CERTIFICATION - TAILRACE ** AGENCY DGC DGC / / 04/09/90 AK900223-13A COASTAL P 06/01/28 FERC AMENDMENT, BLM ROW, ADNR ROW 32 SOLOMON CONSISTENCY CONCLUSIVE CONSISTENCY DETERMINATION FOR GRANBY ROAD REPLACEMENT. ** AGENCY DNR DNR 05/04/90 / / ADL 67278 PERMIT TO P / / REQUEST TO EXTEND WATER REIGHTS 33 SOLOMON APPROPRIATE PERMIT FOR SOLOMON GULCH PROJECT WATER FOR TEN MORE YEARS TO ALLOW FULL DEVELOPMENT OF THE RESOURCE. DNR 02/02/90 / / PUBLIC ROW A / / REQUEST FOR A PUBLIC ROW TO REPLACE 34 SOLOMON THE GRANBY ROAD SEGMENT INUNDATED BY SOLOMON GULCH RESERVOIR. Page No. 4 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT DNR / / 09/06/87 ADL 201784 ROW P 06/01/28 SOLOMON GULCH T-LINE ROW FROM PLANT 35 SOLOMON TO RICHARDSON HIGHWAY ALONG DAYVILLE ROAD. DNR / / 06/09/87 = ADL 80113 ROW P 06/01/28 T-LINE TO GLENNALLEN ALONG 36 SOLOMON RICHARDSON HIGHWAY. DNR / / 03/20/75 = ADL 67278 PERMIT TO P 03/20/90 WATER RIGHTS PERMIT FOR SOLOMON 37 SOLOMON APPROPRIATE GULCH PROJECT. ALLOWS USE OF 102435 WATER ACRE-FT. ANNUALLY. MAXIMUM RATE OF DIVERSION ALLOWED IS 295 CFS. DNR 11/06/87 / / ADL 104936 ROW A / / APPLICATION SUBMITTED FOR SWAN LAKE 38 SWAN T-LINE ROW. NO ROW ISSUED BECAUSE CENTERLINE LAND SURVEY HAS NOT BEEN DONE. DNR / / 02/15/81 ADL 100921 TIDELANDS LEASE P 02/14/36 SWAN LAKE HYDROELECTRIC PROJECT 39 SWAN TIDELANDS LEASE. ORIGINALLY OBTAINED BY THE CITY OF KETCHIKAN AND ASSIGNED TO THE ALASKA ENERGY AUTHORITY ON, OR ABOUT, OCTOBER 5, 1987. DNR / 1 08/28/87 ADL 100113 PERMIT TO P 12/08/97 PERMIT TO APPROPRIATE 462 CFS OF 40 SWAN APPROPRIATE WATER FROM FALLS CREEK FOR SWAN WATER LAKE HYDROELECTRIC PROJECT. MAXIMUM RATE OF DIVERSION NOT TO EXCEED 1,185 CFS. DNR 09/07/88 =/ / ADL 224581 REQUEST FOR A / / REQUEST THAT FIVE ACRES OF STATE 41 TERROR CONVEYANCE LAND AT THE TERROR LAKE POWERHOUSE SITE BE CONVEYED TO THE AUTHORITY TO RESOLVE MIXED OWNERSHIP THERE. CONVEYANCE APPROVED. NEED SURVEY PLAT APPROVAL FROM KODIAK ISLAND BOROUGH BEFORE DEED CAN BE ISSUED. DNR / / 07/02/80 ADL 204022 LETTER OF ENTRY P / / FINAL LEASE PENDING APPROVAL OF 42 TERROR AS-BUILT SURVEY BY KODIAK ISLAND BOROUGH. DNR / / 07/25/83 = ADL 215520 PRIVATE P 10/05/31 PRIVATE EASEMENT ISSUED TO DIVISION 43 TERROR EASEMENT OF TELECOMMUNICATIONS FOR ELBOW MOUNTAIN REPEATER SITE. DNR / / 01/02/88 ADL 206462 TIDELANDS LEASE P 01/31/43 TIDELANDS LEASE FOR TERROR LAKE 44 TERROR PROJECT JETTY. Page No. 01/29/93 APPLIC. AGENCY DATE DNR DNR DNR DNR DNR DNR DNR DNR ** AGENCY DOTPF DOTPF DOTPF DOTPF / / / / / / PERMIT DATE 04/06/87 12/05/90 07/17/81 05/26/87 03/17/87 08/16/85 03/21/84 03/07/85 01/21/83 01/24/83 01/26/83 PERMIT NUMBER ADL ADL ADL ADL ADL ADL ADL ADL 2-140000-83-007 2-172500-83-008 1-137700-83-017 201559 100887 101886 103762 104833 103426 102341 103267 OPERATING PROJECTS PERMIT SUMMARY PERMIT TYPE PERMIT TO APPROPRIATE WATER PERMIT TO APPROPRIATE WATER ILMA ROW ROW ROW ILMA ROW EXPIR. DATE 06/30/92 10/21/09 07/01/31 08/05/31 08/05/31 08/05/31 08/05/31 08/05/31 COMMENTS WATER RIGHTS AS FOLLOW: 17.5 CFS, SHOTGUN CR., 40.9 CFS, FALLS CR., 14.5 CFS, ROLLING ROCK CR., 140.9 CFS, TERROR LAKE. MAXIMUM USE NOT TO EXCEED 213.8 CFS. WATER USE REPORT DUE ANNUALLY IN SEPTEMBER. REPORT SHOULD DEPICT MONTHLY WATER USE THROUGH AUGUST. ILMA FOR WRANGELL ISLAND SUBSTATION. LOTS 2 AND 3, US SURVEY 3403, SECTION 7, T63S, R84E, CRM. TYEE LAKE HYDROPROJECT T-LINE ROW LOCATED ON WRANGELL ISLAND. SOUTH MITKOF ISLAND ROW FOR TYEE HYDROPROJECT T-LINE. SUBMARINE CROSSINGS OF BRADFIELD CANAL, ZIMOVIA, STIKINE, SUMNER STRAITS. AERIAL CROSSINGS OF WRANGELL IS. COVE, EAGLE BAY. ILMA FOR TIDELAND SURVEY ATS 1235 LOCATED IN SECTION 21, T65S, R9OE,CRM TO MAKE IT AVAILABLE FOR A DOCKING FACILITY AND TAILRACE FOR THE TYEE LAKE HYDROPROJECT. ROW FOR TYEE LAKE HYDROPROJECT T-LINE WHERE IT CROSSES STATE OWNED LANDS ON MITKOF AND WRANGELL ISLANDS. INTERTIE 138 KV AERIAL ROAD CROSSING-PARKS HIGHWAY INTERSECTION 138 KV AERIAL ROAD CROSSING HEALY SPUR ROAD-1000' EAST OF GVEA POWERHOUSE DRIVE. INTERTIE CROSSING FISHHOOK-WILLOW ROAD APPROX 0.5 MILE EAST OF OLD WILLOW RD 46 47 48 49 50 51 52 53 54 55 TERROR TYEE TYEE TYEE TYEE TYEE TYEE TYEE INTERTIE INTERTIE INTERTIE Page No. 01/29/93 APPLIC. DATE ** AGENCY DPDP DPDP DPDP DPDP DPDP Saf / 1 ** AGENCY FAA FAA FAA FAA FAA J 7 ** AGENCY FCC FCC Ls ** AGENCY FERC FERC FJ PERMIT DATE 07/07/83 12/15/80 11/06/81 12/03/81 12/03/81 04/01/83 02/07/79 09/17/86 05/07/83 12/28/87 PERMIT NUMBER 3-293300-83-91 FD200-80110407FP FD200-81061209FP AK810828-02FP AK810612-11FP 82-AAL-24-0E 79-AAL-3-OE 82-AAL-244-0E KNGK787 - KNGK795 2742 OPERATING PROJECTS PERMIT SUMMARY EXPIR. PERMIT TYPE A/P DATE UTILITY PERMIT P 08/05/31 COASTAL P 07/17/30 CONSISTENCY COASTAL P 08/05/31 CONSISTENCY COASTAL P 08/05/31 CONSISTENCY COASTAL P 08/05/31 CONSISTENCY Et LF. HAZARD TO AIR A Wiegh NAVIGATION RADIO LICENSES P 05/07/93 FERC LICENSE P 06/01/28 AMENDMENT COMMENTS PERMIT TO UTILIZE WRANGELL HIGHWAY ROW FOR TYEE LAKE HYDROPROJECT T-LINE. CONSISTENCY DETERMINATION FOR SWAN LAKE DAM. CONSISTENCY DETERMINAION FOR SUBMARINE CABLES. CONSISTENCY DETERMINATION FOR POWERHOUSE . CONSISTENCY DETERMINATION ACMP FOR TAILRACE CHANNEL. NO HAZARD DETERMINATION-NOTIFY IF T-LINE MODIFIED DETERMINATION OF NO HAZARD TO AIR NAVIGATION NOTE ON STATUS REQUEST STATES ALL FAA REQUIREMENTS HAVE BEEN MET - PER G.RANSOM DETERMINATION OF HAZARD TO AIR NAVIGATION - REQUIRES MARKER BALLS ~ INTERTIE NINE LICENSES FOR RADIO TRANSMITTERS PROVIDING TELECOMMUNICATION FOR THE TYEE LAKE HYDROPROJECT. DIVISION OF TELECOMMUNICATIONS WILL RENEW PERMITS AS NECESSARY. AMENDMENT TO ARTICLE 39 TO CHANGE INSTREAM FLOW REQUIREMENT TO 2 CFS IN TAILRACE AND 2 CFS AT BASE OF SOLOMON GULCH FALLS. REC # 69 70 71 72 74 76 SWAN TYEE TYEE TYEE INTERTIE TYEE SOLOMON Page No. 6 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # DOTPF / / 06/25/80 NONE DRIVEWAY PERMIT P 06/01/28 DRIVEWAY PERMIT FOR SOLOMON GULCH 56 SOLOMON PROJECT AT MILEPOST 65 OF RICHARDSON HIGHWAY. DOTPF / / 02/14/80 =-V-191,600-0.0/3. UTILITY PERMIT P 06/01/28 T-LINE CROSSING OF DAYVILLE ROAD. 57 SOLOMON 8-80-01 DOTPF 4 / 02/14/80 = -V-190,000-21.2/6 UTILITY PERMIT P 06/01/28 SEVERAL T-LINE CROSSINGS OF 58 SOLOMON 4.9-80-01 RICHARDSON HIGHWAY BETWEEN VALDEZ AND GLENNALLEN. DOTPF / / 02/14/80 -V-191,600-3.8-80 UTILITY PERMIT P 06/01/28 T-LINE CROSSING OF POWERHOUSE 59 SOLOMON -02 ACCESS ROAD AND MP 3.8 OF DAYVILLE ROAD. DOTPF / / 07/28/80 NONE DRIVEWAY PERMIT P 06/01/28 DRIVEWAY PERMIT FOR SOLOMON GULCH 60 SOLOMON PROJECT A MILEPOST 48.8 RICHARDSON HIGHWAY. DOTPF / / 09/25/80 =V-199,319-0.5-80 UTILITY PERMIT P 06/01/28 T-LINE CROSSING OF GLENNALLEN HIGH 61 SOLOMON -01 SCHOOL ROAD. DOTPF / / 06/29/79 = NONE DRIVEWAY PERMIT P 06/01/28 DRIVEWAY PERMIT FOR SOLOMON GULCH 62 SOLOMON PROJECT AT STATION 95+42.5 DAYVILLE ROAD. DOTPF / / 12/07/82 NONE EASEMENT P 08/05/31 COMMISSIONER'S GRANT OF ROW ACROSS 63 =~ TYEE ATS 885 FOR TYEE LAKE HYDROPROJECT SUBMARINE T-LINE. DOTPF 7 / 03/10/83 NONE DRIVEWAY PERMIT P 08/05/31 DRIVEWAY PERMIT STA 127+88 MITKOF 64 =‘ TYEE HIGHWAY. DOTPF 7 / 03/02/83 NONE DRIVEWAY PERMIT P 08/05/31 DRIVEWAY PERMIT ZIMOVIA HIGHWAY STA 65 TYEE 196+75 DOTPF / / 06/23/82 =3-294000-82-42 UTILITY PERMIT P 08/05/31 PERMIT TO UTILIZE MITKOFF HIGHWAY 66 TYEE ROW FOR TYEE LAKE HYDROPROJECT T-LINE. DOTPF / / 03/02/83 NONE DRIVEWAY PERMIT P 08/05/31 DRIVEWAY PERMIT ZIMOVIA HIGHWAY STA 67 =‘ TYEE 5+50 DOTPF / / 07/26/82 = 3-293300-82-57 UTILITY PERMIT P 08/05/31 PERMIT TO BURY TYEE LAKE 68 TYEE HYDROPROJECT T-LINE IN WRANGELL HIGHWAY ROW. Page No. 8 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # FERC J / 06/21/78 = 2742 FERC LICENSE P 06/01/28 FERC LICENSE FOR CONSTRUCTION AND 80 OPERATION OF SOLOMON GULCH HYDROELECTRIC PROJECT. FERC / / 08/06/90 = 2742-12 FERC LICENSE P 06/01/28 LICENSE AMENDMENT ALLOWS PUBLIC 81 AMENDMENT VEHICULAR USE OF PROJECT LANDS. REVISED RECREATION PLAN MUST BE FILED WITH FERC. FERC 4 / 07/17/80 2911 FERC LICENSE P 07/17/30 FERC LICENSE TO CONSTRUCT AND 82 OPERATE THE SWAN LAKE HYDROELECTRIC PROJECT. FERC / / 10/05/81 = 2743 FERC LICENSE P 10/05/31 FERC LICENSE FOR CONSTRUCTION AND 83 OPERATION OF TERROR LAKE HYDROELECTRIC PROJECT. FERC / / 08/05/81 = 3015 FERC LICENSE P 08/05/31 FERC LICENSE FOR CONSTRUCTION AND 84 OPERATION OF TYEE LAKE HYDROELECTRIC PROJECT. ** AGENCY KIB KIB / / 03/26/82 EASEMENT A / / AUTHORITY TO ENTER TO CONSTRUCT & 85 MAINTAIN-FINAL LAND DOCUMENTS ARE PENDING KIB / / 06/20/90 CASE 90-034 CONDITIONAL USE P / / CONDITIONAL USE PERMIT TO ALLOW 86 PERMIT OPERATION OF SOLID WASTE DISPOSAL SITE AT TERROR LAKE HYDROELECTRIC PROJECT. KIB 7 / 11/20/90 = B2-90-123 ZONING P 10/05/31 ZONING PERMIT FOR SOLID WASTE 87 COMPLIANCE DISPOSAL SITE AT TERROR LAKE PERMIT PROJECT SITE. ** AGENCY MATSU MATSU / / 03/24/83 MSB-1 ROW / / T-LINE EASEMENT 88 MATSU / / 03/24/83 MSB-2 ROW / / T-LINE EASEMENT 89 MATSU / / 03/24/83 = MSB-3 ROW / / T-LINE EASEMENT 90 ** AGENCY USFS USFS / / 07/30/84 2720 SPECIAL USE P 06/30/30 USFS SPECIAL USE PERMIT FOR T-LINE 91 PERMIT AND OTHER SWAN LAKE HYDROELECTRIC PROJECT FACILITIES LOCATED WITHIN TONGASS NATIONAL FOREST. PROJECT SOLOMON SWAN TERROR TYEE TERROR TERROR TERROR INTERTIE INTERTIE INTERTIE SWAN Page No. 9 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT USFS 01/02/91 / / 2720 FIRE PLAN A / / REQUEST TO RENEW FIRE PLAN FOR TYEE 92 TYEE LAKE PROJECT FOR THREE YEARS. USFS / / 01/01/84 2770/2720 SPECIAL USE P 01/01/34 USFS SPECIAL USE PERMIT FOR T-LINE 93 TYEE PERMIT AND OTHER HYDRO FACILITIES LOCATED ON TONGASS NATIONAL FOREST LANDS. USFS / / 01/11/88 2720 FIRE PLAN P 12/31/90 FIRE CONTROL PLAN MUST BE UPDATED 94 TYEE EVERY THREE YEARS. ** AGENCY USFWS USFWS 02/07/89 / / KD81-0040 REFUGE SPECIAL A / / REQUEST FOR TRANSFER OF REFUGE 95 TERROR USE PERMIT SPECIAL USE PERMIT FROM KODIAK ELECTRIC ASSOCIATION TO THE ENERGY AUTHORITY. USFWS / / 07/21/81 ~kD81-0040 REFUGE SPECIAL P 10/05/31 PERMIT HAS INDEFINITE TERM - COVERS 96 TERROR USE PERMIT CONSTRUCTION AND OPERATION OF TERROR LAKE PROJECT ON LANDS BELONGING TO KODIAK NATIONAL WILDLIFE REFUGE. PERMIT ISSUED TO KEA. REQUEST FOR TRANSFER TO AEA APPLIED FOR ON FEBUARY 7, 1989. ** AGENCY VALDEZ VALDEZ / / 06/04/79 RIGHT OF ENTRY P 06/01/28 RIGHT OF ENTRY - GRANBY ROAD ACCESS 97 SOLOMON FROM DAYVILLE ROAD UP TO SOLOMON GULCH DAM. ONLY APPLIES TO MUNICIPAL LANDS. Page No. 1 01/29/93 AGENCY DATE APPLIC. ** AGENCY COE COE COE COE COE COE COE COE COE COE /7/ PERMIT DATE 08/13/91 05/22/87 09/09/86 04/06/88 09/01/87 10/27/88 01/30/87 04/11/86 03/13/90 PERMIT NUMBER 071-0YD-2-850502 BRADLEY LAKE 1, MODIFICATION $-850502 071-OYD-2-850502 BRADLEY LAKE 1, MODIFICATION 0-850502 071-O0YD-2-850502 BRADLEY LAKE 1, MODIFICATION M-850502 071-OYD-2-850502 BRADLEY LAKE 1, MODIFICATION Q-850502 071-O0YD-2-850502 BRADLEY LAKE 1, MODIFICATION P-850502 071-OYD-2-850502 BRADLEY LAKE 1, MODIFICATION R-850502 071-O0YD-2-850502 BRADLEY LAKE 1, MODIFICATION N-850502 071-O0YD-2-850502 BRADLEY LAKE 1 DACW85-2-90-24 DREDGE DREDGE DREDGE DREDGE DREDGE DREDGE DREDGE DREDGE AND AND AND AND AND AND AND AND FILL FILL FILL FILL FILL FILL FILL FILL DISTRIBUTION LINE EASEMENT A BRADLEY EXPIR. 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 03/12/93 LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY COMMENTS SECTION 10/404 PERMIT MODIFICATION TO CONSTRUCT UPPER BATTLE CREEK DIVERSION PROJECT. MODIFICATION FOR POWERHOUSE TAILRACE AND POWER TUNNEL SETTLING PONDS MODIFICATION TO RELOCATE AIRSTRIP, CONSTRUCT TRUCK TURNAROUND AND MARSHALLING YARD, AND FILL 3 SMALL WETLANDS ALONG ACCESS ROAD MODIFICATION FOR MARSHALLING YARD ROAD MODIFICATION FOR 1) DAMSITE UPPER CAMP, ACCESS ROAD, EQUIPMENT TRAIL, AND DAMS, 2) FERC UPPER CAMP WATER INTAKE AND PUMPHOUSE, AND 3) PERMANENT FACILITIES WET WELL AT POWERHOUSE CREEK APPLICATION TO CONSTRUCT OPEN CHANNEL MIDDLE FORK DIVERSION. MODIFICATION FOR MARTIN RIVER DIKE EXTENSION AND TEMPORARY MARTIN RIVER LANDING SITE IMPROVEMENTS SECTION 10 - PERFORM WORK IN OR AFFECTING U.S. NAVIGABLE WATERS. SECTION 404 - DISCHARGE DREDGED OR FILL MATERIAL INTO U.S. WATERS DEPT OF ARMY EASEMENT FOR BRADLEY GAGE STATION ELECTRICAL DISTRIBUTION LINE. 17 STATUS ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE Page No. 01/29/93 AGENCY DATE COE COE APPLIC. ** AGENCY DEC DEC DEC DEC DEC DEC DEC DEC DEC Tt PERMIT DATE 02/26/92 04/07/92 03/06/86 11/04/88 04/03/89 08/29/86 05/01/87 12/31/86 08/12/87 05/23/91 PERMIT NUMBER DACW85-3-86-55 DACW85 -3-86-73 NPACO NO. 071-OYD-2-850502 BRADLEY LAKE 1 APPROVAL TO OPERATE APPROVAL TO OPERATE NPACO NO. 071-OYD-2-850502 BRADLEY LAKE 1 MODIFICATION CERT. TO CONSTR. NPACO NO. 071-OYD-2-850502 BRADLEY LAKE 1 MODIFICATION NPACO NO. 071-OYD-2-850502 BRADLEY LAKE 1 MODIFICATION APPROVAL TO OPERATE PERMIT TYPE LAND USE LICENSE LAND USE LICENSE SECTION 401 CERTIFICATION CLASS "C" WATER SYSTEM CLASS "C" WATER SYSTEM SECTION 401 CERTIFICATION POTABLE WATER SECTION 401 CERTIFICATION SECTION 401 CERTIFICATION WAIVER APPROVAL CLASS "C" WATER SYSTEM A/P P P P P BRADLEY EXPIR. DATE 03/19/93 04/04/93 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 12/31/35 LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY COMMENTS EXTENSION OF LAND USE LICENSE TO ALLOW FOR MATERIAL EXTRACTION. EXTENSION OF LAND USE LICENSE WHICH ALLOWS USE OF LAND FOR PROJECT ACCESS ROADS. CERTIFICATE OF REASONABLE ASSURANCE APPROVAL TO OPERATE PERMANENT FACILITIES WATER SYSTEM. APPROVAL TO OPERATE PERMANENT FACILITIES WATER SYSTEM. CERTIFICATE OF REASONABLE ASSURANCE MODIFICATION TO RELOCATE AIRSTRIP, CONSTRUCT TRUCK TURNAROUND AND MARSHALLING YARD, AND FILL 3 SMALL WETLANDS ALONG ACCESS ROAD CERTIFICATE TO CONSTRUCT FOR PERMANENT FACILITIES TEMPORARY WATER SYSTEM MODIFICATION FOR MARTIN RIVER DIKE EXTENSION AND MARTIN RIVER TEMPORARY LANDING SITE IMPROVEMENTS CERTIFICATE OF REASONABLE ASSURANCE MODIFICATION TO INCLUDE OPTIONAL DAMSITE UPPER CAMP NEAR MAIN DAM, OPTIONAL WATER INTAKE AT LAKE 1205.5 NEAR FERC CAMPSITE, AND POWERHOUSE CREEK WET WELL FOR PERMANENT FACILITIES WAIVER OF SEPARATION DISTANCE BETWEEN PERMANENT FACILITIES WELL NO. 4 AND PRIVATE SEWER LINE. SEPARATION THAT IS ALLOWED IS 30 FEET. REC # 22 23 24 25 26 27 28 29 STATUS ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE Page No. 3 01/29/93 . BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # STATUS DEC / / 08/05/91 STATE I.D. NO. SECTION 401 P 12/31/35 CERTIFICATE OF REASONABLE ASSURANCE 30 = ACTIVE AK910628-54A CERTIFICATION FOR UPPER BATTLE CREEK DIVERSION PROJECT. DEC / / 09/29/88 NPACO NO. SECTION 401 P 12/31/35 CERTIFICATE OF REASONABLE ASSURANCE 31 ACTIVE 071-OYD-2-850502 CERTIFICATION MODIFICATION FOR OPEN CHANNEL CONSTRUCTION OF MIDDLE FORK DIVERSION. DEC / / 03/25/92 8840-DB001D WASTEWATER P 04/01/94 PERMIT TO DISCHARGE FOUNDATION 55 ACTIVE DISPOSAL DEWATERING EFLUENT INTO QUARTZ CREEK. ** AGENCY DGC DGC / / 09/15/86 B.L. PERMITS NO. COASTAL P 12/31/35 WIDEN TRANSMISSION LINE 93 ACTIVE 3, AK860701-01A CONSISTENCY RIGHT-OF-WAY TO 400 FEET FROM REVISION POWERHOUSE TO TOWERS 9BD, 9BS DGC / / 12/29/86 B.L. PERMITS NO. COASTAL P 12/31/35 MODIFICATION FOR MARTIN RIVER DIKE 94 ACTIVE 1 AK861208-03A CONSISTENCY EXTENSION AND MARTIN RIVER MODIFICATION 2 TEMPORARY LANDING SITE IMPROVEMENTS DGC / / 06/27/86 B.L. PERMITS NO. COASTAL P 12/31/35 WATER USE AT PERMANENT CAMP 95 ACTIVE 2, AK860430-42A CONSISTENCY FACILITIES AND LANDFILLING OF CONSTRUCTION WASTE AT 13 SITES DGC / / 08/27/86 B.L. PERMITS NO. COASTAL P 12/31/35 MODIFICATION TO RELOCATE AIRSTRIP, 96 ACTIVE 1 AK851213-14A CONSISTENCY CONSTRUCT TRUCK TURNAROUND AND MODIFICATION 1 MARSHALLING YARD, AND FILL 3 SMALL WETLANDS ALONG ACCESS ROAD DGC / / 08/14/86 B.L. PERMITS NO. COASTAL P 12/31/35 WASTEWATER DISCHARGE AT BATCH 97 ACTIVE 3, AK860701-01A CONSISTENCY PLANTS AND SEWAGE LAGOON, AND ACCESS AND STREAM CROSSINGS FOR TRANSMISSION LINE DGC / / 08/10/87 B.L. PERMITS NO. COASTAL P 12/31/35 MODIFICATION FOR 1) CONTRACTOR 98 ACTIVE 1, AK851213-14A CONSISTENCY OPTION TO INSTALL DAMSITE CAMP OR AND AK861208-03A LAYDOWN/STORAGE AREA, 2) FERC UPPER MODIFICATION 4 CAMP WATER INTAKE AND PUMPHOUSE , AND 3) PERMANENT FACILITIES WET WELL AT POWERHOUSE CREEK DGC / / 07/29/91 B.L. PERMITS NO. COASTAL P 12/31/35 CONSISTENCY DETERMINATION FOR UPPER 99 ACTIVE 6, STATE I.D. CONSISTENCY BATTLE CREEK DIVERSION PROJECT. NO. AK910628-54A Page No. 5 01/29/93 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # STATUS ** AGENCY DOI DOI / / 06/16/86 CONTRACT CONTRACT P 06/16/96 CONTRACT PROVISIONS FOR WATER FROM 188 ACTIVE NUKA GLACIER POOL MAY BE AMENDED AFTER THIS DATE IF A NPS SHOWS THAT FLOW RELEASES MUST BE INCREASED .MAXIMUM FLOW RELEASE ALLOWED WOULD BE 10 CFS. ** AGENCY DPS DPS / / 05/23/86 + 86D-138 FIRE SAFETY P 12/31/35 REVIEW OF LOWER CAMP INCINERATOR 189 ACTIVE BUILDING FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS DPS / / 04/16/86 = 86D-137 FIRE SAFETY P 12/31/35 REVIEW OF LOWER CAMP WELLHOUSE FOR 190 ACTIVE CONFORMITY WITH STATE FIRE SAFETY REGULATIONS DPS / 7 04/10/91 = 91D-064 FIRE SAFETY P 12/31/35 APPROVAL OF ABOVEGROUND FUELING 191 ACTIVE FACILITY. DPS / / 05/20/86 APPROVAL FIRE SAFETY P 12/31/35 APPROVAL OF SINGLE STAIRWAY FROM 192. ACTIVE SECOND STORY LEVEL IN POWERHOUSE DPS / / 05/23/86 = =86D-140 FIRE SAFETY P 12/31/35 REVIEW OF OFFICE/RESIDENCE 193 ACTIVE BUILDINGS AT PERMANENT FACILITIES FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS DPS / / 05/23/86 = 86D-139 FIRE SAFETY P 12/31/35 REVIEW OF SHOP/WAREHOUSE BUILDINGS 194 ACTIVE AT PERMANENT FACILITIES FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS ** AGENCY FERC FERC / / 04/25/91 = 8221-021 FERC LICENSE P 12/31/35 LICENSE AMENDMENT TO ADOPT MODIFIED 203 ACTIVE AMENDMENT FLOW REGIME DURING RESERVOIR FILLING. FERC / / 03/16/87 + =8221-006 FERC LICENSE P 12/31/35 AMENDMENT TO FERC LICENSE FOR 204 ACTIVE AMENDMENT RELOCATION OF PERMANENT LANDING STRIP FERC / / 12/31/85 = 8221-000 FERC LICENSE P 12/31/35 FERC ORDER ISSUING LICENSE 205 ACTIVE Page No. 4 01/29/93 APPLIC. AGENCY DATE DGC ** AGENCY DNR DNR DNR DNR DNR DNR DNR DNR DNR DNR DNR A 12/21/89 PERMIT DATE 03/19/92 08/16/91 10/28/91 10/28/91 10/01/86 04/12/90 07/11/88 07/11/88 09/10/86 07/02/91 10/24/91 PERMIT NUMBER AK920210-07A ADL ADL ADL ADL ADL LAS LAS LAS LAS LAS LAS 225142 225142 222656 222657 223192 02837 11848 11848 02836 6998 13370 PERMIT TYPE COASTAL CONSISTENCY CONSISTENCY DETERMINATION - LEASE APPLICATION PUBLIC AND CHARITABLE LEASE UPLANDS LEASE TIDELANDS LEASE RIGHT-OF-WAY LETTER OF ENTRY PERMANENT WATER RIGHTS PERMANENT WATER RIGHTS POWERHOUSE CREEK WATER RIGHTS PERMANENT WATER RIGHTS PERMANENT WATER RIGHTS WATER RIGHTS A Pp P P P P P P P Pp P BRADLEY EXPIR. DATE 12/31/35 03/31/92 03/31/92 03/31/92 12/31/92 04/07/93 04/07/93 04/12/95 09/15/96 10/10/96 LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY COMMENTS COASTAL CONSISTENCY DETERMINATION FOR DAVES CREEK SVC PERMITS. CONSISTENCY DETERMNATION FOR LEASE OF STATE LANDS FOR THE BRADLEY LAKE MOOSE MITIGATION PROGRAM. REQUEST TO LEASE TWO PARCELS OF STATE LAND NEAR FRITZ CREEK AS PART OF THE BRADLEY LAKE MOOSE MITIGATION PROGFAM. FINAL LEASE BEING PROCESSED. FINAL LEASE BEING PROCESSED. FINAL RIGHT OF ENTRY BEING PROCESSED. TWO YEAR EXTENSION FOR PERMIT TO APPROPRIATE WATER FOR WATERFOWL NESTING AREA. 23.2 ACRE FEET PER YEAR FOR ENVIRONMENTAL MANAGEMENT . PERMIT TO USE 3,000 GPD FROM POWERHOUSE CREEK FOR OPERATION AND MAINTENANCE OF PERMANENT FACILITIES AT BRADLEY LAKE CONSISTENCY DETERMINATION FOR POWERHOUSE CREEK WATER RIGHTS. PERMIT TO APPROPRIATE WATER - BRADLEY LAKE (750 CFS), MIDDLE FORK (100 CFS), AND NUKA GLACIER POOL (248 CFS) FOR HYDROELECTRIC POWER GENERATION PERMIT TO USE PERMANENT FACILITIES WELL NO. 4 FOR 5 ADDITIONAL YEARS TO PROVE BENEFICIAL USE. WATER RIGHTS FOR UPPER BATTLE CREEK DIVERSION PROJECT. QUANTITY APPROPRIATED IS 7250 ACRE-FEET PRE YEAR. REC # 100 103 104 177 178 180 181 183 184 185 186 187 STATUS ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE Page No. 6 01/29/93 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # FERC / / 12/06/91 = 8221-023 FERC LICENSE P 12/31/35 LICENSE AMENDMENT TO ADOPT MODIFIED 206 AMENDMENT OPERATIONAL FLOW REGIME TO BE CONSISTENT WITH ADF&G FLOW REGIME. FERC / / 09/19/91 8221-022 FERC LICENSE P 12/31/35 LICENSE AMENDMENT TO CONSTRUCT AND 207 AMENDMENT OPERATE UPPER BATTLE CREEK DIVERSION PROJECT. FERC 7 7/ 08/11/89 8221-013 FERC LICENSE P 01/01/92 ORDER GRANTING EXTENSION UNTIL 208 AMENDMENT JANUARY 1, 1992 TO COMPLETE PROJECT CONSTRUCTION. ACTIVE ACTIVE ACTIVE