This environmental impact statement (EIS) was prepared pursuant to regulations implementing the National Environmental Policy Act (42 USC 4321 et seq.), which requires Federal agencies to assess the impacts that their actions may have on the environment. Decisions will be based on understanding of the environmental consequences and actions will be taken to protect, restore, and enhance the environment.
The Endangered Species Act of 1973, as amended (16 USC 1536), requires Federal agencies to ensure that their actions do not jeopardize endangered or threatened species or their critical habitats. In compliance with Section 7, BPA requested from the U.S. Fish and Wildlife Service (USFWS) a list of endangered and threatened plant and animal species in the affected environment. This information was provided by the appropriate USFWS Field Offices in Idaho, Montana, Wyoming, Nevada, Oregon, and Washington, and is presented in Appendix B.
The Fish and Wildlife Conservation Act of 1980 (16 USC 2901 et seq.) encourages Federal agencies to conserve and to promote conservation of nongame fish and wildlife species and their habitats. The Fish and Wildlife Coordination Act (16 USC 661 et seq.) requires Federal agencies undertaking projects affecting water resources to consult with the U.S. Fish and Wildlife Service in order to conserve or improve wildlife resources.
The Pacific Northwest Electric Power Planning and Conservation Act (16 USC 839 et seq.) contains provisions intended to protect, mitigate, and enhance the fish and wildlife (including their spawning grounds and habitat) of the Columbia River and its tributaries. The Pacific Northwest Electric Power and Conservation Planning Council (Council) established under the Northwest Power Act developed a Regional Electric Power and Conservation Plan (Plan). In implementing its mandate to assure an adequate, efficient, economical, and reliable power supply, BPA must give due consideration to the protection, mitigation, and enhancement of the region's fish and wildlife resources.
A number of Federal laws and regulations have been promulgated to protect the nation's historical, cultural, and prehistoric resources. BPA must consider whether its actions may have an effect on a property listed or eligible for listing on the National Register of Historic Places, a property listed on the National Registry of Natural Landmarks, a property listed as a National Historic Landmark, a property listed on the World Heritage List, a property listed on a state-wide or local list, or on the ceremonial rites or access to religious sites of Native Americans.
BPA has recently executed a Programmatic Agreement with the Bureau of Reclamation; Corps of Engineers; U.S. Forest Service; the Advisory Council on Historic Preservation; the Idaho, Montana, and Washington State Historic Preservation Officers; the Colville Confederated Tribes; and the Spokane Tribe of Indians. This Programmatic Agreement effectively mitigates for impacts to cultural resources from changes in elevation at these reservoirs, satisfying BPA's responsibilities under Section 106 of the National Historic Preservation Act. The Programmatic Agreement also ensures BPA's consistency with the American Indian Religious Freedom Act and the Native American Graves Protection and Repatriation Act by providing for BPA participation in the disposition of Native American burials if such sites are discovered.
In accordance with Executive Order 12372, this EIS will be circulated to the appropriate State clearinghouses to satisfy review and consultation requirements.
The Coastal Zone Management Act of 1972 requires that Federal actions be consistent, to the maximum extent practicable, with approved State Coastal Zone Management Programs.
Executive Order 11988 (Floodplain Management) and Department of Energy (DOE) regulations implementing the Executive Order (10 CFR Part 1022) direct BPA to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct and indirect support of floodplain development wherever there is a practicable alternative.
Executive Order 11990 (Protection of Wetlands) and Department of Energy regulations implementing the Executive Order (10 CFR Part 1022) direct BPA to minimize the destruction, loss, or degradation of wetlands; and to preserve and enhance the natural and beneficial values of wetlands.
The Farmland Protection Policy Act (7 USC 4201 et seq.) requires Federal agencies to identify and take into account the adverse effects of their programs on the preservation of farmlands.
A discussion of possible global warming effects has been included in this EIS. Greenhouse gases have been included in this analysis by volume of emissions only; dollar values have not been assigned.
If a proposed action includes a structure or work in, under, or over a navigable water of the United States; a structure or work affecting a navigable water of the United States; or the deposit of fill material or an excavation that in any manner alters or modifies the course, location, or capacity of any navigable water of the United States, a Section 10 Permit under the Rivers and Harbors Appropriations Act of 1899 will be required from the U.S. Army Corps of Engineers. The proposed and alternative actions anayzed in this EIS do not encompass any activity known to require a Section 10 Permit.
A Section 404 Permit (Permit for Discharges into the Waters of the United States) under the Federal Water Pollution Control Act (Clean Water Act) of 1972 as amended will not be required from the U.S. Army Corps of Engineers because the proposed alternative actions analyzed in this EIS do not include the discharge of dredged or fill material into waters of the United States.
If an action involves the use of public or Indian lands not in accordance with the primary objective of the management of those lands, under the Federal Land Policy and Management Act (43 USC 1701 et seq.), a permit for a right-of-way across such lands will be required. However, the proposed or alternative actions analyzed in this EIS do not involve the use of public or Indian lands.
In addition to their responsibilities under NEPA, Federal agencies are required to carry out the provisions of other Federal environmental laws. The Federal actions related to the alternatives discussed in this EIS do not require any particular response with regard to these other Federal laws, which are more concerned with site-specific proposals and alternatives, rather than the broad capacity marketing decisions being analyzed in this document.
u Title 16 U.S.C. 1131, et seq., The Wilderness Act, as amended; Title 43 CFR Part 19, "Wilderness Preservation"
To the extent applicable to a specific alternative presented in this EIS, compliance with the standards contained in the following legislation is mandatory:
u Title 42 U.S.C. 7401, et seq., The Clean Air Act, as amended
u Title 33 U.S.C. 1251 et seq., The Clean Water Act, as amended
u Title 42, U.S.C. 300 F, et seq., The Safe Drinking Water Act, as amended
u Title 10 CFR Part 712, "Grand Junction Remedial Action Criteria"
u Title 40 CFR Part 190, "Environmental Radiation Protection Standards for Nuclear Power Operations"
u Title 40 CFR Part 191, "Environmental Radiation Protection Standards for Management and Disposal of Spent Nuclear Fuel, High-Level, and Transuranic Radioactive Wastes"
u Title 40 CFR Part 192, "Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings"
u Title 42 U.S.C. 9601 [9615] et seq., The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
u Title 7 U.S.C. 136, et seq., The Federal Insecticide, Fungicide, and Rodenticide Act, as amended
u Title 42 U.S.C. 6901, et seq., The Resource Conservation and Recovery Act of 1976, as amended
u Title 15 U.S.C., et seq., The Toxic Substances Control Act, as amended; Title 40 CFR Part 761, "Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions"
u Title 42, U.S.C. 4901, et seq., The Noise Control Act of 1972, as amended