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FOREST SERVICE MANUAL
SOUTHWESTERN REGION (REGION 3)
ALBUQUERQUE, NM
FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2770 – FEDERAL POWER ACT PROJECTS
Supplement No.: 2700-2005-2
Effective Date: August 3, 2005
Duration: This supplement is effective until superseded or removed.
Approved: Lucia M. Turner (for)
Regional Forester
Date Approved:
July 13, 2005
Posting Instructions: Supplements are numbered consecutively by title and calendar year.
Post by document; remove the entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this title was 2700-20051 to FSM 2700.
New Document
2770
3 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2770 dated 4/14/05
2 pages
Digest:
2770.2 – Sets out Regional objectives to encourage public involvement in the FERC licensing
process.
2770.4 – Corrects delegation information from previous supplement. Redelgates authority to
Forest Supervisors only (not grassland supervisors).
2772.11 - Issues Regional direction for providing public involvement in development of Federal
Power Act 4(e) and 10(a) terms and conditions.
R3 SUPPLEMENT 2700-2005-2
EFFECTIVE DATE: 08/03/2005
DURATION: This supplement is effective until superseded or removed.
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FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2770 – FEDERAL POWER ACT PROJECTS
2770.2 - Objective
To encourage and consider public input into the Federal Energy Regulatory Commission’s
(FERC) environmental analysis (EA) process and in the formulation of final USDA Forest
Service terms and conditions.
2770.4 – Responsibility
4. Forest Supervisor. It is the responsibility of the Forest Supervisor to:
a. Correspond directly with FERC on all administrative and construction matters
during construction and operation of a hydropower project.
b. Sign special use authorizations for hydropower projects after the project has been
licensed or exempted from licensing by FERC. This authority may not be
redelegated.
c. Administer project special use authorizations and licenses in cooperation with
FERC personnel.
2772 – ANALYSIS
2772.11 – Licensed Projects
There are two primary opportunities for the public to be involved in the development of USDA
Forest Service terms and conditions to be included in the FERC license.
1. The first opportunity comes prior to the filing of the application with FERC. The
project is scoped by FERC, and USDA Forest Service resource issues are identified. The Forest
or Grassland Supervisor should send a letter to the SOPA1 mailing list, or other appropriate
Forest mailing list, at publication of FERC’s first scoping document explaining that:
a. FERC licensing proceeding is taking place,
b. The USDA Forest Service will be filing preliminary terms and conditions to be
included in the new FERC license, and
c. The public is invited to participate by responding to FERC’s scoping notice(s), and
commenting on FERC’s environmental analysis document which will display the
preliminary USDA Forest Service terms and conditions.
1
Schedule of Proposed Actions, see FSH 1909.15, section 07. Utilization of the Schedule of Proposed Actions
(SOPA) process and mailing list may be an efficient and familiar means with the public of announcing our intention
to prepare preliminary terms and conditions as long as we make it clear that FERC will be the NEPA action agency.
R3 SUPPLEMENT 2700-2005-2
EFFECTIVE DATE: 08/03/2005
DURATION: This supplement is effective until superseded or removed.
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FSM 2700 – SPECIAL USES MANAGEMENT
CHAPTER 2770 – FEDERAL POWER ACT PROJECTS
d. FERC will be performing environmental analysis and NEPA documentation and
ultimately will be issuing the project license.
The USDA Forest Service shall consider information and comments provided to FERC during
the formulation of final terms and conditions.
2. The second opportunity comes when FERC issues a notice of availability of its
environmental analysis document that includes the preliminary USDA Forest Service terms and
conditions to be included in the FERC license. In response to this FERC notice, the public may
provide comments to FERC on the preliminary USDA Forest Service terms and conditions.
Usually comments are required within 30-60 days of the notice.
The USDA Forest Service will consider all comments sent to FERC concerning USDA Forest
Service terms and conditions in the agency’s formulation of final terms and conditions, and may
modify its terms and conditions before FERC issues the new license.
The USDA Forest Service reserves the right to revise its terms and conditions if significant new
information becomes available, or FERC’s final environmental analysis document differs
significantly from its draft environmental analysis document. In some instances FERC will
exercise its option to issue only a single EA.