HomeMy WebLinkAbout5.685 Original Contract -OR-T NGELES
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W A S H I N G T O N, U. S. A.
CITY ATTORNEY
August 6, 2004
r
The Honorable Norm Dicks,
Representative; 6`h District of Washington
2467 Rayburn House Office Bldg.
Washington, D.C. 20515
Re: Elwha Res_toration Project MOU
Dear Congressman Dicks:
At 'its regular meeting on August 3, 2004, a majority of the City Council approved the
y Memorandum of Understanding among the National Park Service, the Lower Elwha
Mallam Tribe, and the City of Port Angeles. Although the MOU was approved, the_
Council was unanimous in expressing concern about its scope.and'Iirnitations. The MOU
does not contain nor expressly address some of the City's vital concerns. Nevertheless,
we understand and expect that the City's vital interests will be protected. The entire
Council believes it appropriate that we articulate those concerns, so that as we move
forward there will be no misunderstanding about our understanding or expectations. We
expect the parties to the MOU and the federal government to recognize the following:`
1. The City's water quality and water quantity will.be guaranteed using pre-darn-removal
quality and quantity as the baseline. Water quality and water quantity will be protected
absolutely and perpetually.
2. The City's water rights will be fully protected. Nothing whatsoever will be done that
will impair,restrict, compromise, or reduce the City's existing water rights.
3. It is a vital concern to the City that our industrial water users not be adversely affected
by the darn removal. The consequences of dam removal must not add to their operating
costs. In this regard we request that National Park Service meet immediately with
Nippon Paper to resolve their issues, concerns and expedite their mutual agreement.
4. The federal government will insure that the City and our industrial water user(s) will
not be adversely affected by any requirement for new, additional, or modified permits. If
any new or modified permit is required the federal government will do all work and pay
all expenses necessary for a complete permit application, including any engineering,
environmental or other technical or scientific reports.
321 EAST FIFTH STREET ° P. O. BOX 1 150 " PORT ANGELES, WA 98362-021 7
PHONE: 360..-417-4530 ° FAX: 360-417-4529 m TTY: 360-417-4645
e E-MAIL: attorney@cityo(pa.us
5. The federal government will pay the operation, maintenance, and repair (OM&R) costs
for all facilities or will pay to the City a sufficient lump sum payment to guarantee that
longterm O.M&R costs are fully covered. The citizens of Port Angeles will not end up
paying any,of those costs. At one time the City agreed to accept a lump sum payment of
ten million dollars for OM&R on the municipal treatment plant. The City still will
accept that amount if it is paid in the reasonably near future. If not, we will expect to
negotiate a reasonable payment'based on the financial conditions existing at'the time of
the future payments.
6. The federal government will not take any action or enter into any other agreement that
-� a ilLconflict.-with_the-MQU-or wiU in.-any-wwa-diminishAhe rights,and protections -given.
to the City by the MOU or by the Elwha Act..
7. The federal government is responsible, for all unforeseen costs. If circumstances
change in the future, the federal government, not the citizens-of Port Angeles, must pay
any extra costs.
8. An important concept is that removal'of the Elwha dams should not cost the citizens- -
of Port Angeles any more than the removal will cost the citizens of Maine or any other
city or state in the nation. The government must insure,that adequate funding for the
Elwha project, calculated in today's dollars, is provided before any work begins.
9.Finally, some here consider the 30 7day'terniination clause to.be a threat to the interests
of the:City: We'were .told that clause is a,requirement of federal contracting procedure;-.
that it must be in the MOU, and that the wording cannot be varied. We are willing to
accept it as such. In any event, we understand that the federal government has the
obligations stated above, with or.without an MOU. That is, the government cannot
escape its obligations to the City of Port Angeles under the Elwha Act by terminatirig th.e
MOU at some point in the future convenient to it.
The MOU is an important expression of good will and intent.. The City of Port Angeles.: .
intends to "work with our neighbors, the Olyinpic Park Service and the Lower Elwha
Klallam Tribe, in good; faith to cooperate in matters affecting us as the dam removal
proceeds. At the same time, the City will be focused on protecting its core interests. As
the project develops and proceeds, we will expect to see more detailed plans, agreements,
and fundiri to address the City's concerns.
Very truly yours,
Gary Braun,Deputy Mayor
City of Port Angeles
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RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
DOCUMENT TITLE: MEMORANDUM OF UNDERSTANDING
WATER TREATMENT OR RELATED FACILITIES
PURSUANT TO THE ELWHA RIVER
ECOSYSTEM & FISHERIES RESTORATION ACT
PARTIES: NATIONAL PARK SERVICE
CITY OF PORT ANGELES
LOWER ELWHA KLALLAM TRIBE
t
'. ..
~
MEMORANDUM OF UNDERSTANDING
BETWEEN THE NATIONAL PARK SERVICE
AND
THE CITY OF PORT ANGELES
AND-
THE LOWER ELWHA KLALLAM TRIBE
FOR THE
DESIGN, PERMITTING, CONSTRUCTION, OPERATION, AND MAINTENANCE
OF
WATER TREATMENT OR RELATED FACILITIES PURSUANT TO
THE ELWHA RIVER
ECOSYSTEM AND FISHERIES RESTORATION ACT
Memorandum of Understanding
August 6, 2004
Page 1
.
.
I. SHORT TITLE
This Memorandum of Understanding (MOU) may be referred to as the "Elwha
Water Mitigation MOU".
II. DEFINITIONS
For the purpose of this agreement, when used in this agreement and related
attachments:
A. 'The City" or "City" means the City of Port Angeles, Washington, or
its duly authorized representative acting under delegated authority.
B. "Tribe" or "Tribal" means the Lower Elwha Klallam Tribe and its
governing body, the Lower Elwha Community Council, located on the Lower Elwha
Tribal Reservation.
C.
Park Service.
"NPS" means the United States Department of the Interior, National
D.
"DOH" means the Washington State Department of Health.
E. "Facilities specific to the Tribe's hatchery" means the valve(s),
pipeline, and related equipment for transmitting water to the Tribe's hatchery, all of
which are downstream of the effluent flow distribution structure of the Elwha Surface
Water Intake and which are shown on the attached Exhibit B.
F. "OM&R" means operation, maintenance, and repair.
G. "Project" means the planning, design, engineering, environmental
review, permitting, construction, start up testing, operation, and maintenance of the
municipal and industrial water supply mitigation facilities as provided for in this
agreement.
H. "EREFRA" means the Elwha River Ecosystem and Fisheries
Restoration Act (Public Law 102-495).
I. "2000 Congressional Conference Report" means the Congressional
Record of the United States of America, House of Representatives, No. 163 Part II,
November 17, 1999.
J. "2001 Congressional Conference Report" means the Congressional
Memorandum of Understanding
August 6, 2004
Page 2
..
.
Record of the United States of America, House of Representatives, No. 106-914,
September 29, 2000.
K. "Parties" means the NPS, the Tribe, and the City.
L. "Secretary" means the Secretary of the Department of the Interior.
III. AUTHORITY AND PURPOSE
A. Authority: This Memorandum of Understanding (MOU) is between the
United States of America, acting through the NPS, the Tribe, and the City. This MOU is
made pursuant to EREFRA and the Congressional Conference Reports for the Fiscal
2000 and 2001 Interior and Related Agencies Appropriation Bills (copies attached as
Exhibits C, D, and E). Section 4 of EREFRA states "that the Secretary is authorized and
directed, subject to the appropriation of funds therefor, to take such actions as are
necessary to implement ...(3) protection of the existing quality and availability of water
from the Elwha River for municipal and industrial uses from possible adverse impacts of
dam removal." Further, these protective measures ".. .must include all actions
reasonably necessary to maintain and protect existing water quality for the City of Port
Angeles.. .against adverse impacts of dam removal." The FY2000 Congressional
Conference Report urged the NPS to enter into a memorandum of understanding (MOU)
with the City and other regional stakeholders in the development and operation of the
water mitigation measures required by Section 4 of EREFRA. The FY2001
Congressional Conference Report urged the City and the NPS to agree on the type and
scope of the water supply facilities necessary to mitigate the impact of Elwha River dam
removal by March 1,2001 (or within a reasonable time prior to designing the facilities).
The United States has also undertaken to protect the water supply to the Tribe's fish
hatchery from possible adverse effects of dam removal. To accomplish this undertaking,
the NPS has proposed inclusion of water intake and transmission works for the Tribe's
hatchery in the water supply facilities proposed for the City. The Tribe has agreed to
this approach; provided that the City will not hinder or interfere with the transmission of
up to 30 cfs of water through the facilities to the Tribe's hatchery and the parties enter
into a protocol providing for periodic and emergency access to facilities serving the
Tribe's hatchery, along with ownership of valves, pipelines, and other facilities specific to
the Tribe's hatchery; and provided further that nothing in this Agreement shall in any way
affect or limit, or be deemed an adjudication of, any Indian right reserved by Treaty,
Executive Order or Statute; nor shall it affect or limit the ability of the Tribe of the United
States to take any action to assert, enforce, support or protect such Indian reserved
right.
Nothing in this agreement shall in any way limit, diminish, restrict, or lessen the rights,
benefits, or entitlements granted by EREFRA'
Memorandum of Understanding
August 6, 2004
Page 3
.
.
B. Purpose: Removal of the Elwha and Glines Canyon dams will result
in the degradation of existing water quality through the release of sediments
accumulated in Lake Mills and Lake Aldwell, thereby requiring measures to protect
municipal, industrial, and fisheries water supplies. This agreement defines the roles and
obligations of the parties with regard to the planning, design, permitting, construction,
and operation and maintenance of water treatment or related facilities that are
reasonably necessary, as determined by the Secretary, to protect the existing quality
and availability of Elwha River water for municipal and industrial uses, including Tribal
hatchery uses, from the possible adverse impacts of dam removal.
IV. STATEMENT OF JOINT OBJECTIVES
A. The NPS will develop an implementation schedule for the selection
of design alternatives, environmental review, permitting, construction, operation and
testing of water treatment or related facilities that are deemed reasonably necessary by
the Secretary to protect the existing quality and availability of Elwha River water for
municipal and industrial uses from the possible adverse impacts of dam removal. The
NPS will obtain the Tribe's and the City's input as to acceptability.
B. The water treatment and related facilities shall be selected by the
NPS pursuant to Section 4 of the EREFRA, including the delivery and treatment of water
in a manner that is safe, adequate, reliable, and financially efficient, including OM&R
costs. The NPS will:
1. Develop an implementation schedule for selection of design
alternatives, environmental review, permitting, construction, operation and testing of all
water system mitigation facilities and obtain the Tribe's and the City's input as to
acceptability.
2. Develop a process for interagency review and obtain the Tribe's
and the City's input as to acceptability.
3. Have primary responsibility, with support and participation by the
Tribe and the City, for completing the permitting and environmental review process for
the water mitigation facilities.
4. Provide for operation and maintenance of the water mitigation
facilities during the dam removal impact period.
5. Negotiate and contract separate agreements with Nippon Paper
Industries USA to address specific project impacts to its facilities and interests.
C. Provide the City, at the end of the dam removal impact period,
ownership and control of the Port Angeles Water Treatment Plant, the Elwha Mitigation
Memorandum of Understanding
August 6, 2004
Page 4
~
Water Treatment Plant and the Elwha Surface Water Intake. Provide the Tribe, at the
end of the dam removal impact period, ownership and control of the facilities specific to
the Tribe's hatchery. Provide the Tribe periodic and emergency access to facilities
serving the Tribe's hatchery. The Parties will work together in good faith on all issues
that involve mitigation of potential advers'e impacts of dam removal. The City and NPS
recognize that components of water treatment and related facilities of importance to the
Tribe will be located on City-owned property.
D. It is the joint objective and priority of the parties to complete the
water treatment and related facilities in a timely manner, consistent with initiation of dam
removal in 2007 and to make best efforts to avoid delay. The parties will cooperate in
completing the tasks set forth herein, and will work with other stakeholders including, but
not limited to, Nippon Paper Industries in achieving the goal of restoring the Elwha River
ecosystem through dam removal, revegetation, and fisheries restoration, which is
recognized as a significant public project that will benefit the resources of the Elwha
River basin and the citizens of Port Angeles, Clallam County, and the region and tribal
members, provided that impacts to the City's and Tribe's water supplies and water
systems are fully mitigated pursuant to EREFRA.
V. ROLES OF THE PARTIES
A. National Park Service: NPS will:
1. Serve as lead agency for, and exercise approval authority over,
project planning, design, engineering, environmental review, permitting, construction,
start up testing, operation, and maintenance of the municipal and industrial water supply
facilities as provided for in this agreement and utilize the services and expertise of the
Bureau of Reclamation. The NPS will obtain the Tribe's (where appropriate) and the
City's input as to acceptability.
2. Serve as lead agency for all permits and approvals required for
the federal actions associated with the project, including approval by DOH of the design
and construction of municipal treatment facilities, while providing for participation by the
Tribe (where appropriate) and the City.
3. Appoint a staff person to serve as the NPS's permitting and
environmental review liaison with the parties.
4. Fulfill National Environmental Policy Act compliance requirements
and conduct the consultations required by National Historic Preservation Act of 1966, as
amended, and the Endangered Species Act to ensure that federal actions associated
with the project are in compliance with applicable environmental and cultural resource
laws and regulations.
Memorandum of Understanding
August 6, 2004
Page 5
.
5. Obtain the City's input as to acceptability of the scope of the
municipal and industrial water supply mitigation facilities.
6. Assist the City in obtaining long-term permits, as needed, to
allow the City to temporarily relocate or retain Elwha River flow next to the City's existing
Ranney well during future low flow periods as needed to maintain adequate Ranney well
water yield. Necessary permits may include a U.S. Army Corps of Engineers approval,
"Low-Effect" habitat conservation plan (HCP), State hydraulic approval, and or County
shoreline permit. Whatever permits are necessary must be secured before transfer of
the water mitigation facilities to the City.
7. Investigate alternatives to mitigate the potential impacts of dam
removal that may affect the Nippon Paper Industries USA (NPI) Port Angeles Mill. The
Parties anticipate that mitigation issues of concern will include, but are not limited to, NPI
obtaining a NPDES permit, additions and improvements at NPl's Port Angeles mill, and
additional operating costs. The City will work with the NPI and NPS to address these
issues, which the Parties to this MOU recognize are important to the overall success of
the Elwha River Restoration Project. One alternative means to address these issues, in
addition to the three clarifiers that will be constructed and used to mitigate impacts
during the dam removal impact period, is improving the treatment capability at NPl's
existing water treatment facility. NPS will also assist NPI in obtaining a National
Pollutant Discharge Elimination (NPDES) permit, if necessary. NPS will negotiate and
enter into separate agreements with NPI to address these issues. NPS will obtain the
City's input as to acceptability of the mitigation measures selected and will implement
the mitigation measures if NPI concurs. The rights and obligations stated in this
paragraph shall be binding upon and shall benefit NPI as well as any assigns or
successors to NPI subject to approval by NPS, which approval shall not be
unreasonably withheld.
8. Serve as the lead agency for the development of the OM&R plan
as part of the design phase of the project for those facilities required to protect the
municipal and Industrial water supplies from the possible adverse impacts of dam
removal.
9. Provide for OM&R of the project facilities during the dam removal
sediment release impact period following the first release of fine sediments. This may
be satisfied either through NPS management of OM&R activities or via funding to the
City for these activities pursuant to separate agreement. Following the initiation of dam
removal, the NPS and City will agree on a timeframe for transfer of OM&R
responsibilities to the City, and to the Tribe for facilities specific to the Tribe's hatchery.
10. Ensure delivery of up to 29 cfs of water to the Tribe's hatchery.
11. Ensure that the Tribe has sufficient access to and control of
Memorandum of Understanding
August 6, 2004
Page 6
~
.
facilities serving the Tribe's hatchery, during the dam removal impact period, to enable
the Tribe to protect the hatchery water supply.
12. Negotiate funding of the Tribe's OM&R costs, if any.
13. Negotiate the transfer of sufficient funds to operate, maintain,
and repair the facilities in accordance with EREFRA
14. Upon successful completion of construction and demonstration of
successful operation of the project facilities described herein, transfer ownership of said
facilities pursuant to the Transfer Agreements described in Section IX of this agreement.
15. Negotiate with the City and the Tribe a protocol for operation as
well as periodic and emergency access to the Elwha Surface Water Intake facility during
the dam removal impact period.
16. Assist the City and Tribe in any negotiations on utilization of
water diversion and conveyance facilities, operations and maintenance of said facilities,
and water quantity and quality necessary to operate the Tribe's fish hatchery.
17. Consistent with EREFRA, operate maintain, and repair industrial
water treatment facilities constructed pursuant to this agreement during the dam removal
impact period or until transferred to the City pursuant to Section IX, whichever comes
later, and provide training to personnel to operate and maintain the facilities during the
period of Federal operation and the same operation and maintenance training will be
offered to City personnel.
B. City of Port Angeles: The City will:
1. Assist the NPS in, obtaining federal, state, and local permits and
approvals as needed to implement the facilities and actions consistent with this
agreement.
2. Appoint a staff person to serve as the City's permitting and
environmental review liaison with the NPS.
3. Participate in the development and review of project design.
4. Determine the acceptability of the scope of facilities to mitigate
impacts to the City's municipal and industrial water supplies and provide that information
to the NPS prior to the design and construction of said facilities.
5. Pursuant to the Conference Report for the Fiscal 2000 Interior
and Related Agencies Appropriation Bill, seek additional funding for design,
construction, and OM&R from the U. S. Environmental Protection Agency, other sources
Memorandum of Understanding
August 6, 2004
Page 7
"
for funding not covered by EREFRA, special appropriations, or other sources. This
provision shall not be construed as an obligation of the City to obtain such funding.
6. Provide for the use of land at the City landfill site for water
treatment and related facilities including the municipal water treatment plant and
transmission facilities and the land adjacent to the Elwha River for the industrial water
intake, industrial water treatment plant, and transmission facilities, including right-of-way
as needed for a water delivery pipeline to the Tribe's hatchery, at no cost to the NPS or
Tribe. While providing for the use of the property, the City shall retain fee title and
reserves the right to harvest or to be compensated for standing timber on the property.
Any compensation shall be based on current fair market value as of the date this
agreement is executed, and the City shall be responsible for a timber cruise.
7. Provide for the disposal of waste solids from the operation of the
municipal water treatment facility at the City's composting operation at no charge to the
NPS.
8. During the dam removal impact period after written agreement by
the parties, operate, maintain, and repair the assigned municipal water treatment
facilities constructed pursuant to this agreement, and provide administration support for
the OM&R program. This shall include but not necessarily be limited to budget, finance,
environmental quality, safety, personnel, property management, supply management,
materials, equipment, coordination, and supervision of work activities, the costs of which
shall be reimbursed as agreed upon by the parties pursuant to EREFRA in a separate
agreement. Long-term OM&R responsibilities will be as set forth in Section VIII of this
agreement.
9. Upon successful completion and successful operation of
mitigation measures constructed pursuant to this agreement, accept the transfer of such
facilities from the NPS as described in the Transfer Agreement as set forth in Section IX.
10. Seek and obtain advance written approval from the NPS Elwha
Project Manager for all projects, studies, or work for which reimbursement from NPS will
be sought.
11. In support of NPS reimbursement to the City for any projects,
studies, or other work, prepare detailed invoices sufficient to allow NPS to make an
informed judgment that the costs are attributable to the study and preparation of water
supply mitigation measures.
12. Retain records consistent with Section X.D. of this MOU.
13. Submit written certifications with all invoices; "I,
hereby certify that the invoice attached includes only costs reasonably incurred in
studying, preparing, or reviewing water supply mitigation measures associated with
removing the Elwha River dams, and not for other purposes", or comparable. (Include
Memorandum of Understanding
August 6, 2004
Page 8
signature line, line for typed name of signing official, and line for the date of certification).
14. Support, and if necessary participate in, the transfer to the
Tribe of ownership and control of facilities specific to the Tribe's hatchery.
15. The City will retain fee ownership of the property where the
Elwha Surface Water Intake, effluent flow distribution structure, and related
improvements will be situated. The City will grant to the Tribe a legally recognizable
right of access to facilities specific to the Tribe's hatchery for purposes of operation,
control, and maintenance of those facilities.
16. Negotiate a mutually agreeable OM&R plan with the Tribe and
the NPS for the facilities serving the Tribe's hatchery.
17. Deliver up to 29 cfs to the Tribe's hatchery. The 29 cfs will be
delivered pursuant to the city's water right certificate 1328 and is a beneficial use of that
right. The continuation of delivery of the 29 cfs pursuant to the city's water right
certificate 1328 beyond the termination date of this agreement would be pursuant to a
separate agreement.
18. The City agrees, for the term of this agreement and by separate
agreement for the period after the term of this agreement, that for so long as the Elwha
Surface Water Intake facility is in operation, the City will not hinder or interfere with the
transmission of up to 30 cfs of water through the facility to the Tribe's hatchery. The
obligations of the preceding sentence will survive the termination of this agreement.
19. Negotiate with the Tribe a protocol that addresses the operation
of the Elwha Surface Water Intake and related structures during periods of low river flow.
20. Negotiate with the Tribe a protocol for periodic and emergency
access to the Elwha Surface Water Intake and related facilities following the dam
removal impact period.
C. Lower Elwha Klallam Tribe. The Tribe will:
1. Participate in the planning and design process as identified
herein.
2. Be the lead in or cooperate with NPS in obtaining federal, state,
and tribal permits and approvals as needed to implement the facilities or actions
consistent with this agreement.
3. Appoint a staff person to serve as the Tribe's permitting and
environmental review liaison with the NPS.
Memorandum of Understanding
August 6, 2004
Page 9
4. Negotiate a mutually agreeable OM&R plan with the City and the
NPS for the portion of the facilities serving the Tribe's hatchery.
5. Consistent with fish habitat considerations, work with the City in
obtaining long-term permits, as needed, to allow the City to temporarily relocate or retain
Elwha River flow next to the City's existing Ranney well during future low flow periods as
needed to maintain adequate Ranney well water yield. Necessary permits may include
a U.S. Army Corps of Engineers approval, "Low-Effect" habitat conservation plan (HCP),
State hydraulic approval, and or County shoreline permit.
6. Upon successful completion and successful operation of
mitigation measures constructed pursuant to this agreement, accept transfer of such
facilities from the NPS as described in the Transfer Agreements set forth in Section IX.
7. Negotiate with the City a protocol that addresses the operation of
the Elwha Surface Water Intake and related structures during periods of low river flow.
VI. PROJECT FACILITIES SCOPE AND DESIGN
A. The NPS shall develop the designs for and construction of the water
mitigation facilities consistent with Section 4 of the EREFRA. NPS shall
coordinate with the City and DOH on design and engineering requirements of the
City's domestic water facilities under the Safe Drinking Water Act and its
amendments and implementing state regulations. NPS shall design and
construct the facilities in accordance with the scope and description set forth in
Section 6 of the most recent version of the Elwha River Water Quality Mitigation
Project Planning Report (Project Report) prepared by URS (a private company)
for the Bureau of Reclamation. NPS shall also coordinate with the City on the
design and engineering requirements of the City's industrial customers and with
the Tribe with regard to the water quality requirements for the Tribe's fish
hatchery. NPS shall design and construct the industrial water mitigation facilities
in accordance with the scope and description set forth in Section 7 of the Project
Report.
B. The NPS will obtain the concurrence of the Washington Department of
Health, and will comply with all applicable laws and regulations, in the design,
construction, and operation of the municipal water supply mitigation facilities.
C. The design, construction, and operation of the industrial water supply
mitigation facilities will include only those actions that are reasonably necessary
to adequately protect the City and Tribe from the possible adverse impacts of
dam removal.
D. The City agrees that NPS will only provide clarifiers necessary to treat
Memorandum of Understanding
August 6, 2004
Page 10
51.2 mgd (79.3 cfs), representing anticipated peak daily use, during the dam
removal impact period years (ability to treat City's full industrial and municipal
water rights will not be provided).
VII. CONSTRUCTION
Upon completion of design and permitting, NPS will construct the project facilities in
accordance with the provisions of this agreement and as authorized by Section 4 of the
EREFRA. NPS will consult with the City, and the Tribe where appropriate, on key
construction management and modification decisions.
VIII. OPERATION AND MAINTENANCE
The Parties recognize and agree that the federal government is responsible for the costs
of operating and maintaining the water mitigation facilities in accordance with EREFRA.
Upon completion of construction, during the dam removal impact period and until the
facilities are transferred to the City, NPS will be responsible for operating and
maintaining the project facilities in a manner that assures that the quality and quantity of
the City's municipal and industrial water supplies are protected from the potential
adverse impacts of dam removal pursuant to EREFRA. NPS will consult with the City
and Tribe on key operation and maintenance decisions.
IX. TRANSFER AGREEMENTS
Contingent on securing any approval or authorization, the NPS shall enter into Transfer
Agreements to provide for the transfer from the NPS to the City sole ownership of its
municipal and industrial water quality mitigation facilities, and to the Tribe of valves,
pipelines, and other facilities specific to the Tribe's hatchery upon the completion and
successful operation of the Project. The terms of the Transfer Agreements shall be
mutually agreed upon by the parties. The City intends to seek congressional language
providing authority to support the NPS to transfer ownership of such facilities, including
the municipal and industrial water quality mitigation facilities to the City, excluding the
water pipeline necessary to deliver water to the Tribe's fish hatchery and the valve that
controls that pipeline, and excluding any other interests in the facilities specific to the
Tribe's hatchery. The ownership of such facilities shall not be transferred until the City
has obtained such congressional authorization. The parties recognize and agree that the
City reserves the right to not accept transfer of the facilities until the City has received a
mutually agreeable transfer of sufficient funds from the federal government and/or other
sources to the City for the City to operate, maintain, and repair the facilities in
accordance with EREFRA. The parties recognize and agree that the Tribe reserves the
Memorandum of Understanding
August 6, 2004
Page 11
right to not accept transfer of the facilities serving the Tribe's hatchery until the Tribe has
received a mutually agreeable transfer of sufficient funds from the federal government
and/or other sources to the Tribe for the Tribe to operate, maintain, and repair those
facilities in accordance with EREFRA. Transfer timing will be based on a mutually
agreed to technical analysis that identifies when fine sediment releases associated with
dam removal return to near-normal levels.
X. GENERAL TERMS OF THE AGREEMENT
A. Effective Date. This agreement shall become effective on the date of
execution and shall be effective through August 10, 2015, or the effective date of the
Transfer Agreement, whichever is later. At the end of this time period, the term of the
agreement may be extended by agreement of the parties.
B. Termination. After first exhausting the dispute resolution procedure
established in Section XI below, a party may terminate this MOU by providing the other
parties with thirty (30) days advance written notice. In the event that one party provides
the other parties with notice of its intention to terminate, the parties will meet promptly to
discuss the reasons for the notice and to try to resolve their differences.
C. Modifying the MOU. This MOU may be modified in writing by mutual
agreement of the parties.
D. Audits. NPS and/or any governmental agency with audit
responsibility for the EREFRA shall have the right to audit and to examine any cost,
payment, settlement, or supporting documentation for the period of thirty-six (36) months
preceding the date of such audit. The City shall keep its books and records in relation to
such invoiced items in accordance with generally accepted accounting practices. The
City shall reasonably cooperate with any such audits.
E. Appropriation of Funds. Nothing contained in this agreement shall be
construed as binding the NPS to expend in anyone fiscal year any sum in excess of
appropriations made by Congress and available for purposes of this MOU for that fiscal
year. No liability shall accrue to the NPS in case such funds are not appropriated.
F. Officials Not to Benefit. No member of, delegate to, or resident
Commissioner in Congress shall be admitted to any share or part of thiS Agreement or to
any share of part of this MOU or to any benefit that might arise therefrom.
G. Notices. Any and all notices and other communications hereunder
shall be in writing and shall be deemed to have been duly given (a) if delivered
personally, when received; (b) if sent by registered mail, return receipt requested,
postage prepaid, on the third day following the date of deposit in the mail or (c) by
facsimile transmission, with confirmation of receipt, to the follow addresses or telecopier
Memorandum of Understanding
August 6, 2004
Page 12
numbers (or to such other address or telecopy number as may be specified by like
notice ):
If to NPS:
Olympic National Park
Elwha Restoration Project Office
826 E. Front Street, Suite A
Port Angeles, WA 98362-3613
ATTENTION: Elwha Project Manager
Telephone No.: 360/565-1320
Facsimile No.: 360/565-1325
If to the City:
Richard A. Headrick, Mayor
City of Port Angeles
321 East 5th Street - P.O. Box 1150
Port Angeles, WA 98362-0217
Telephone No.: 360-417-4500
Facsimile No.: 360-417-4509
If to the Tribe:
Robert Elofson
Elwha River Restoration Program Director
Lower Elwha Klallam Tribe
2851 Lower Elwha Road
Port Angeles, WA 98363
Telephone No.: 360/452-8471
Facsimile No.: 360/452-3428
H. Headinqs. The headings of this MOU are inserted for convenience
only, and shall not affect the meaning of any provision of this MOU.
XI. AGENCY COOPERATION IDISPUTE RESOLUTION
Each party to this agreement is committed to cooperate with the other in accomplishing
the goals of the project, including allocation of adequate staff and budget to meet
responsibilities identified by this MOU.
In the event any party to this MOU believes there is an issue regarding the interpretation
of, or compliance with, any provision of this MOU, that party shall provide written notice
of that issue to the other party. The parties will then meet within ten (10) days of the
written notice in an effort to resolve the issue. If resolution is not achieved, the parties
will each choose a person who is not an employee, appointed official or elected official
of that party, and together those persons will choose a single third party who will act as
Memorandum of Understanding
August 6, 2004
Page 13
mediator. Each party shall make its choice within five (5) days from the date of any
determination that resolution has not been achieved, and the third party mediator shall
be chosen by those parties no later that ten (10) days from such date of determination
that resolution has not been achieved. These times may be extended either by mutual
agreement of the parties or by one party documenting that it needs additional time. The
parties will each designate an official with delegated authority to approve a resolution of
the issue, and that official will be present at, and participate in, the mediation. Mediated
settlements will be reduced to writing, and each party to the dispute will share equally in
the cost of the third party mediator. If resolution through non-binding mediation is still
not achieved, then the parties may use other legal remedies available to resolve the
dispute.
XII. RESPONSIBLE PERSONNEL
The parties designate the following individuals to carry out their duties under this MOU.
Successors to these persons may be appointed by giving written notice to the other
parties.
National Park Service
a. Elwha Project Manager
City of Port Angeles
a. City Manager
Lower Elwha Klallam Tribe
a. Elwha River Restoration Program Director
Memorandum of Understanding
August 6, 2004
Page 14
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed on the 6th
day of August, 2004:
UNITED STATES OF AMERICA
Department of the Interior
National Park Service
William
Superin
itner
dent, Olympic National Park
CITY OF PORT ANGELES
{fro .~
Gary Brau~ """-
Deputy Mayor
LOWER ElWHA KlALlAM TRIBE
;:J/7D.J/l ~ ~ . ~~
~ances G. Charles
Tribal Chairperson
Memorandum of Understanding
August 6, 2004
Page 15
Exhibit A
List of All Other Agreements Relating to Elwha Mitigation
Agreement between NPS and Nippon: IV.B.5; V.A.7;
Agreements between NPS and City, NPS and Tribe re OM&R costs: V.A.9; V.B.16;
V.CA.
Transfer Agreement, City: IX
Transfer Agreement, Tribe IX
Exhibit B
Schematic Diagram Showing the Elwha Surface Water Intake
and Related Facilities
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THIS DAAWING PRESENTS THE CONCEPIUAl DESIGNS FOR THE EWTP AND ESWI
F'AClUTlES ~ SUllWmtD TO REaNMTION AUCU8f ~ IH) ~UAR'\" 2004,
RESPECTIIIElY THIS F\QJRE ~ INClUDES PREUWtIARr ~ATIONS Of SOME
F'ACILmES lH\T WU BE lHCLUDED DURING 'HiE f'lNAL Df'sIaN OF 1HfS[ PftOJtcts.
THE FN.L DESQIS WI.1. IJtCUJOE WODlfll:\l(T1OMS TO ltlE STRUCTURE:S, PIPING. AND
1lYERALLS'rsTDl~~ONTH~/.9IlAWIU.l
THIS FlGUR( IS INTENDED TO REPRCiEHT THE" GENERAL TI'PE AND SIZE Of r.N:IlJIB
~I /' REQUIRED fOR TH:: EWTP AHa ESWl P.RoJ~ 1MS FIGURE WIll. BE REVISED ot<<:E
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Exhibit C
EREFRA
Elwha River Ecosystem and Fisheries Restoration Act
One Hundred Second Congress of the United States of America
January 3, 1992
To restore Olympic NatIOnal Park and the Elwha Rlver ecosystem and fishenes (Enrolled Bill (Sent to PresIdent))
H.R.4844
One Hundred Second Congress of the Dmted States of America
AT THE SECOND SESSION
Begun and held at the Clty ofWashmgton on Fnday, the thlrd day of January,
one thousand nme hundred and nmety-two
An Act
To restore OlympIC NatlOnal Park and the Elwha RIver ecosystem and fisheries
in the State ofWashmgton.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
ThiS Act may be referred to as the 'Elwha River Ecosystem and Fisheries Restoration
Act'.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(a) The term 'Administrator' means the Administrator of the Bonneville Power
Administration.
(b) The term 'Commission' means the Federal Energy Regulatory Commission.
(c) The term 'electric power' means electric peaking capacity or electric energy or both.
(d) The term 'Elwha Project' means the Elwha River Hydroelectric Project, Federal
Energy Regulatory Commission Project Number 2683, including appurtenant works and
project lands, located on the Elwha River in Clallam County, Washington.
(e) The term 'Glines Project' means the Glines Canyon Hydroelectric Project, Federal
Energy Regulatory Commission Project Number 588, including appurtenant works and
project lands, located on private and public lands both within and without the exterior
boundaries of Olympic National Park on the Elwha River in Clallam County, Washington.
(f) The term 'local industrial consumer' means the owner of the pulp and paper mill
located on Ediz Hook in Port Angeles, Washington, that, on the date of enactment of this
Act, receives and consumes the electric power produced by the Projects, or its
successors or assignees.
(g) The term 'local preference customer' means Port Angeles City Light.
(h) The term 'owner' means the current owner of the Projects or its successors or
assignees, but shall not mean the Secretary, the United States, or any other entity
acquiring title to the Projects or features thereof pursuant to the terms of this Act.
(i) The term 'Park' means Olympic National Park.
U) The term 'Project' or 'Projects' means either or both the Elwha Project and the Glines
Project, including project works and appurtenant lands.
(k) The term' project replacement power' means electric power delivered to the local
industrial consumer to replace losses of electric power generation from the Projects
following their acquisition by the Secretary pursuant to this Act, in an amount not to
exceed 172.088 gigawatthours of energy in any year.
(I) The term 'Secretary' means the Secretary of the Interior.
(m) The term' State' means the State of Washington, including its agencies and
departments.
SEC. 3. ACQUISITION OF PROJECTS.
(a) Effective sixty days after submission to the Congress of the report referred to in
section 3(c), the Secretary is authorized to acquire the Elwha and Glines Canyon
Projects, and all rights of the owner and local industrial consumer therein, subject to the
appropriation of funds therefor: Provided, That the Secretary shall not acquire the
projects unless he has determined pursuant to subsection (c) that removal of the Project
dams is necessary for the full restoration of the Elwha River ecosystem and native
anadromous fisheries and that funds for that purpose will be available for such removal
within two years after acquisition.
(b) The consideration for acquisition of the Projects shall be $29.5 million and no more,
to be paid by the Secretary to the owner and local industrial consumer at the time of
acquisition, and shall be conditioned on a release of liability providing that all obligations
and liabilities of the owner and the local industrial consumer to the United States arising
from the Projects, based upon ownership, license, permit, contract, or other authority,
including, but not limited to, project removal and any ecosystem, fish and wildlife
mitigation or restoration obligations, shall, from the moment of title transfer, be deemed
to have been satisfied: Provided, That the United States may not assume or satisfy any
liability, if any, of the owner or local industrial consumer to any federally recognized
Indian Tribe nor shall such liability to the Tribe, if any, be deemed satisfied without the
consent of such Tribe.
(c) The Secretary shall prepare a report on the acquisition of the Projects and his plans
for the full restoration of the Elwha River ecosystem and the native anadromous
fisheries and submit such report on or before January 31, 1994, to the Appropriations
Committees of the United States Senate and the United States House of
Representatives, as well as to the Committee on Energy and Natural Resources of the
Senate and the Committees on Energy and Commerce, Interior and Insular Affairs, and
Merchant Marine and Fisheries of the United States House of Representatives. The
report shall contain, without limitation:
(1) The precise terms of acquisition of the Projects, with an analysis of the costs, in
addition to the consideration set out in section 3(b), and potential liabilities and benefits,
if any, to the Federal Government resulting from the acquisition and all other actions
authorized under this Act;
(2) Alternatives, in lieu of dam removal, for the restoration of the Elwha River ecosystem
and the native anadromous fisheries and wildlife of the Elwha River Basin, consistent
with the management plan of the Park, the rights of any Indian tribe secured by treaty or
other Federal law, and applicable State law. The report shall include feasibility studies
for each alternative considered and a definite plan for removal. Such definite plan shall
include the timetable after conveyance for removal of the dams and the plans for
removal and disposal of sediment, debris, and other materials consistent with all
applicable environmental laws and a detailed explanation of all costs of removal. In
conducting the feasibility studies and in the preparation of the definite plan, the
Secretary is authorized to use the services of any Federal agency on a reimbursable
basis and the heads of all Federal agencies are authorized to provide such technical
and other assistance as the Secretary may request. For each alternative considered, the
Secretary shall estimate total costs, environmental risks and benefits, the potential for
full restoration of the Elwha River ecosystem and native anadromous fisheries, and the
effect on natural and historic resources (together with any comments made by the
Advisory Council on Historic Preservation for any properties which are listed, or eligible
for listing, on the National Register of Historic Places).
(3) Specific proposals for management of all lands or interests therein acquired pursuant
to this Act which are located outside the exterior boundaries of the Olympic National
Park. The Secretary shall specifically address the suitability of such lands, or portions
thereof, for addition to the National Wildlife Refuge System; National Park System;
transfer to the Lower Elwha Klallam Tribe in trust for tribal housing, cultural, or economic
development purposes in accordance with a plan developed by the Lower Elwha Klallam
Tribe in consultation with the Secretary; and development and use by the State. Upon
acquisition, all lands and interests therein within the exterior boundaries of the Park shall
be managed pursuant to authorities otherwise applicable to the Park. For the purposes
of protecting the Federal investment in restoration, that portion of the river outside the
Park on which the Federal Government will acquire both banks shall, upon such
acquisition, be managed in accordance with the declared policy of section 1 (b) of Public
Law 90-542, except that modifications necessary to restore, protect, and enhance fish
resources and to protect the existing quality of water supplied from the river are hereby
authorized.
(4) Specific proposals and any Federal funding and the availability of that funding that
may be necessary to protect the existing quality and availability of water from the Elwha
River for municipal and industrial use from possible adverse impacts of dam removal.
(5) Identification of any non-Federal parties or entities, excluding Federally recognized
Indian tribes, which would directly benefit from the commercial, recreational, and
ecological values that would be enhanced by the restoration of the Elwha River
ecosystem and fisheries, if the Secretary believes that such parties or entities should
assume some portion of the cost involved in the restoration, together with the specific
cost-share provisions which the Secretary deems necessary and reasonable.
(d) In preparing his report, the Secretary shall consult with appropriate State and local
officials, affected Indian tribes, the Commission, the Environmental Protection Agency,
the Secretary of Energy, the Administrator, the Pacific Northwest Power Planning
Council, the Secretary of Commerce, and of the Advisory Council on Historic
Preservation, as well as interested members of the public. In addition, the Secretary
shall afford an opportunity for public comment on the report prior to its submission to the
Congress.
(e) Upon the appropriation of the sum provided for in section 3(b) for the acquisition of
the Projects and the determination that dam removal is necessary, the owner and local
industrial consumer shall convey to the United States, through the Secretary, title to the
Projects, including all property and all other rights and Interests. Upon such conveyance
and payment of the consideration as provided in section 3(b), and without further action
by the United States, title shall transfer and vest in the United States, the owner and
local industrial consumer shall be released from any further liability to the United States,
as provided in section 3(b), and the acquisition from the owner and local industrial
consumer shall be deemed to be completed.
SEC. 4. ECOSYSTEM AND FISHERIES RESTORATION.
.
(a) Effective sixty days after submission of the report referred to in section 3(c) and
following the conveyance in section 3(e), the Secretary is authorized and directed,
subject to the appropriation of funds therefor, to take such actions as are necessary to
implement--
(1) the definite plan referred to in section 3(c)(2) for the removal of the dams and full
restoration of the Elwha River ecosystem and native anadromous fisheries;
(2) management of lands acquired pursuant to this Act which are located outside the
exterior boundaries of the Park; and
(3) protection of the existing quality and availability of water from the Elwha River for
municipal and industrial uses from possible adverse impacts of dam removal.
(b) The definite plan referred to section 3(c)(2) must include all actions reasonably
necessary to maintain and protect existing water quality for the City of Port Angeles, Dry
Creek Water Association, and the industrial users of Elwha River water against adverse
impacts of dam removal. The cost of such actions, which may include as determined by
the Secretary, if reasonably necessary, design, construction, operation and maintenance
of water treatment or related facilities, shall be borne by the Secretary. Funds may not
be appropriated for removal of the dams, unless, at the same time, funds are
appropriated for actions necessary to protect existing water quality.
(c) Nothing in this section shall be construed as an entitlement for which a claim against
the United States may be made under the Tucker Act.
SEC. 5. PROJECT OPERATION AND REPLACEMENT POWER.
(a) Notwithstanding any other provision of law, neither the Federal Energy Regulatory
Commission nor any other agency of the Federal Government shall have the authority or
jurisdiction to issue a permanent license or similar order with respect to either Project
prior to conveyance as provided in section 3(e), except that the Commission shall have
jurisdiction under the Federal Power Act and is hereby authorized and directed to issue
or maintain in effect annual licenses or authorizations for both Projects, authorizing
continued operation of both Projects by the owner and local industrial consumer, such
operation to be under such terms and conditions and in accordance with such practices
as existed on September 1, 1992, until (1) the date the Secretary has acquired title to
the Projects or (2) if the Secretary's report required in section 3(c) does not provide for
dam removal, five years after the expiration of the current annual license or authorization
then in effect, after which time the Commission shall have authority under the Federal
Power Act to issue appropriate licenses with respect to such Projects to the extent the
Commission has jurisdiction over such Projects under such Act on the date of enactment
of th is Act.
(b) To ensure the availability of adequate electric power supplies to the operating
facilities of the local industrial consumer, the Administrator shall, following acquisition of
the Projects pursuant to this Act, deliver all project replacement power required by the
operating facilities of the local industrial consumer through the local preference customer
at a rate equal to the priority firm rate, or the rate which is then the equivalent of the
priority firm rate if that designation is no longer used by the Administrator, as such rate is
fixed by the Administrator from time to time, without regard to any new large single load
determinations or similar factors. The local industrial consumer shall pay the local
preference customer for such project replacement power at the same rate as all other
industrial consumers of the local preference customer.
(c) Upon conveyance of the Projects to the United States, the Secretary shall maintain
the dams in a safe condition for the period prior to their removal.
SEC. 6. LEASE OF FEDERAL LANDS.
(a) LEASE OF LANDS TO THE CITY OF PORT ANGELES- After the Secretary makes
the determination to remove the dams and actually acquires the projects and funds are
appropriated for such conveyance and removal, the Secretary is authorized to issue a
lease to the City of Port Angeles, Washington, for those lands situated on Ediz Hook,
Clallam County, Washington, currently leased to the City under Lease No. DOT-CG13-
4811-72, dated April 4, 1972, as amended, except for that parcel of land described in
subsection (b)(2). Such lease shall be issued pursuant to the Act of June 14, 1926, as
amended (43 U.S.C. 869), for a period of 99 years, beginning on a date to be
determined by the Secretary, without right of patent.
(b) LEASE OF LANDS TO THE LOWER ELWHA KLALLAM TRIBE- (1) After the
Secretary makes the determination to remove the dams and actually acquires the
Projects and funds are appropriated for such conveyance and removal, the Secretary is
authorized to lease to the Lower Elwha Klallam Tribe that parcel of land situated on Ediz
Hook, Clallam County, Washington, described in paragraph (2) for the purposes of the
construction and operation of a tribal cultural facility, such as a longhouse or a museum,
and associated interpretive and parking facilities. Such lease shall be issued pursuant to
the Act of June 14,1926, as amended (43 U.S.C. 869), for a period of ninety-nine years
beginning on a date determined by the Secretary, without right of patent.
(2) The parcel of land to be leased to the Lower Elwha Klallam Tribe is that parcel of
land lying south of the existing roadway and extending southward to the southern
boundary of the land currently leased to the City of Port Angeles (Lease No. DOT-CG13-
4811-72, dated April 4, 1972, as amended) and beginning at the north-south line 200
feet east of the western boundary of Out Lot 6 and running easterly 600 feet to the
north-south line 300 feet west of the eastern boundary of Out Lot 6.
(3) In addition to the general terms and conditions applicable under the Act of June 14,
1926, as amended (43 U.S.C. 869), the lease to the Tribe shall be subject to the
following terms and conditions:
(A) There shall be public access to the beach along the south side of the parcel at all
times.
(8) The City of Port Angeles shall have the right to construct and maintain a waterfront
trail adjacent to the existing roadway along the north side of the parcel, the location of
which shall be determined in conjunction with the Secretary.
(C) Parking facilities on the parcel shall be open to the public at all times.
(c) In addition to the terms and conditions described in this section for the leases to the
City and the Tribe, the Secretary shall incorporate by reference into each lease the
Agreement entered into on August 11, 1992, between the City and the Tribe regarding
the use of the adjacent leaseholds.
SEC. 7. TRIBAL LAND ACQUISITION AND DEVELOPMENT.
(a) After the Secretary makes the determination to remove the dams and actually
acquires the Projects and funds are appropriated for such conveyance and removal, the
Secretary is authorized to acquire by purchase, and hold in trust in reservation status for
the benefit of the Lower Elwha Klallam Tribe, lands in Clallam County, Washington, for
housing, economic development, and moorage for the Tribal commercial fishing fleet.
(b) There is authorized to be appropriated an amount not to exceed $4,000,000 to carry
out the land acquisition purposes of this section.
SEC. 8. SAVINGS.
(a) Nothing in this Act shall abridge or modify existmg rights to Elwha River water.
(b) Nothing in this Act shall affect the rights of any Indian Tribe secured by Treaty or
other law of the United States.
(c) This Act does not modify any of the Administrator's obligations or require the
Administrator to take any actions regarding the protection, mitigation, or enhancement of
fish and wildlife or expand those provided for under the Pacific Northwest Power
Planning and Conservation Act, Public Law 96-501. Notwithstanding any other provision
of law, the Administrator shall not be required to make any expenditures from the
Bonneville Power Administration fund for the operation, maintenance, rehabilitation,
improvement, or removal, breach, or bypass of the Projects.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the Interior for expenditure
through the Assistant Secretary for Fish, Wildlife, and Parks and to the Secretary of
Commerce for
expenditure through the National Marine Fisheries Service such sums as may be
necessary to carry out the purposes of this Act: Provided, That such authorization shall
not become effective until sixty days following submission of the report provided for in
section (3)(c) of this Act.
Speaker of the House of Representatives.
Vice President of the United States,
President of the Senate.
, .
Exhibit 0
Congressional Conference Reports for the Fiscal 2000 Interior
and Related Agencies Appropriation Bills
, H12370
.'
Language m TItle 1. General ProvlSlOns
provIdes the NatlOnal Park ServIce WIth au-
thority to oblIgate certaIn fees for transpor-
tatlOn serVIces at ZlOn NatlOnal Park In ad-
vance of the receIpt of such fees
The conference agreement provIdes
$4,300,000 for the Brown V Board of Edu-
catlOn NHS In Kansas These funds are to
complete the rehablhtatlOn of the bUlldmg
and for exhIbIt plannIng The amount pro-
vIded is based on a revIsed estimate of obh-
gatlOns m fiscal year 2000
Funds are provIded for rehablhtatlOn of
sewer systems at GlaCler NatlOnal Park The
NatlOnal Park ServIce has determmed that
the eXlstmg system cannot be upgraded suf-
fIcIently to meet state standards, and that
therefore a replacement system hkely w1ll
be reqUired Due to the addltlOnal time re-
qUlred to redesIgn the project, constructlOn
funds for thIS project cannot be obhgated In
fIscal year 2000
The conference agreement prov1des
$2,300,000 for GlaCler Bay NatlOnal Park and
Preserve In Alaska It is mtended that
$1.400,000 be expended on the clean-up of con-
tammated sOlis at the sIte of the proposed
VIsItor center Another $400,000 IS provIded
for the Secretary to enter into a memo-
randum of understanding wIth the park con-
ceSSlOnalre to desIgn a vIsItor center that
w1ll be co-managed and co-operated by the
ServIce and the conceSSlOnaIre DesIgn costs
are to be shared equally between the ServIce
and the conceSSlOnalre except that the con-
ceSSlOnalre may use in-kmd serVIces, cash,
or a combmatlOn of both, as Its share The
faClhty IS expected to be at least 6,500 square
feet and reserve an appropnate amount of
space for non-exclusIve use by the Hoonah
Indmn AssoclatlOn In 1998, Congress ap-
proved the GlaCler Bay NatlOnal Park
Boundary Adjustment Act of 1998 (P L 105-
317), the purpose of whIch was to establIsh a
process that could lead to the constructlOn
of a hydroelectnc faclhty to provIde power
to Gustavus, Alaska The hydroelectric
project should be bU1lt and connected to the
Park to protect the enVIronment and to be
more consIstent WIth the purposes of the
Park than the Park's use of dIesel generators
for power Accordmgly, $500,000 IS expected
to be made available as a grant to Gustavus
Electric Company to pay for studIes reqUlred
by the Act
The conference agreement provIdes a total
of $3,650,000 for Denah NatlOnal Park and
Preserve In Alaska These funds are mtended
for the followmg projects $2,015,000 for sIte
work. $885,000 for road reahgnment, $175,000
for the South DenalI/CIRl plan, $125,000 for
wlldllfe inventOrIes and $450,000 for planmng
for Phase I The conference agreement dI-
rects funding of $175,000 for the further devel-
opment of plans to sIte NatlOnal Park Serv-
ice VIsItor serVIces In faCllltles on NatIve
lands near Talkeetna, Alaska
The conference agreement does not ear-
mark planmng funds specIfIcally for KenaI
Fjords NatlOnal Park To the extent funds
prevlOusly approprIated [or th1S project are
not suffIClent to continue planmng through
fIscal year 2000, the Serv1ce should seek to
provIde any necessary funds from aVailable
planmng funds
The conference agreement proVIdes $500,000
for the G W MemOrIal Parkway In VIrginIa
Of thIS total, $400,000 IS avaIlable for a tem-
porary alternatlVe route at the Humpback
Bridge, and $100,000 IS to conduct and com-
plete a study to extend the Mt Vernon
multI-use trail north to 1-495 In VIrginia
The conference agreement Includes
$1,000,000 for the NatlOnal Underground RaIl-
road Freedom Center m CmClnnat1 subject
to a non-Federal match and the enactment
of authOrIZatlOn
WhIle the conference agreement has pro-
VIded $3,000,000 In funds for a new Lmcoln LI-
CONGRESSIONAL RECORD - HOUSE
brary In SpnngfIeld, IlhnOls, $3,000,000 for
Southwest PennsylvanIa Hentage and
$3,000,000 for constructlOn at the Whcehng
NatlOnal Hentage Area In West VIrginIa In
fiscal year 2000, any future funding for these
projects WIll be contingent on enacted au-
thonzatlOn
The conference agreement provIdes a total
of $500,000 for the research hbrary admmls-
tratIve annex at WIlson's Creek NatlOnal
BattlefIeld VIsItor Center In Mlssoun ThIS
completes the federal share of thIS project
The conference agreement provIdes an ap-
propnatlOn of $675,000 for the New RlVer
Gorge NatlOnal RIver, West VlrgInm, for var-
lOUS constructlOn projects The agreement
notes that $500,000 In unobhgated pnor year
funds are aVailable to the New RlVer Gorge
for constructlOn and that these funds are m-
tended to be added to the $675,000 In new ap-
prOprIatlOns (for a total of $1,175,000) to
carry out the hIghest priOrity constructlOn
needs of the New River Gorge NatlOnal RlVer
for fiscal year 2000 as IdentIfIed In Senate
Report 106-99
The conference agreement has not provIded
funds for unscheduled housmg because the
unoblIgated balance In thIS account exceeds
$22,000,000 The CommIttees have not agreed
to release these funds untll the Park ServIce
agrees on a conSIstent new hOUSIng pollcy
and standard constructlOn designs that WIll
be used for all traIler replacement umts The
Service was supposed to present a complete
package to the CommIttees on Appropna-
tlOns In September 1999. As of November 5,
1999, no such proposal had been forwarded
The SerVIce 1S strongly encouraged to sub-
mIt the InformatlOn to the CommIttees on
AppropnatlOns for approval so that these
funds can be released
The conference agreement provIdes
$12,000,000 for the OlympIC NatlOnal Park
Elwha dam removal project Wlthm the
funds provIded, the NatlOnal Park SerVIce IS
dIrected to use up to $5,500,000 to plan and
design water supply m1tigatlOn measures for
the CIty of Port Angeles The NatlOnal Park
SerVIce shall report fmal recommendations
to the House and Senate AppropnatlOns
Comm1ttees no later than September 30, 2000
The Park ServIce shall also reImburse the
CIty for current and future sunk costs rea-
sonably Incurred In studymg and prepanng
water supply mltlgatlOn optlOns assoClated
WIth remOVing the Elwha dams up to $500,000
The Park SerVIce IS urged to enter Into a
memorandum of understanding WIth the City
of Port Angeles and other reglOnal stake-
holders setting forth the federal govern-
ment's speCIfic oblIgatlOn WIth regard to the
deSIgn, constructIOn, operatIOn, and mamte-
nance of the domestIC and Industrial water
mItigatIOn measures as reqUIred by the
Elwha RlVer Ecosystem and Flshenes Res-
toratlOn Act of 1992 The MOU should also
define the speCIfic roles of relevant federal
agenCIes, the CIty of Port Angeles, and/or
other reglOnal stakeholders m the develop-
ment and operatlOn of the necessary water
mltlgatlOn measures The CIty of Port Ange-
les IS encouraged to pursue an appropnate
share of the costs related to upgradmg ItS
water system from the EnVIronmental Pro-
tectlOn Agency An addltlOnal $10,000,000 IS
Included for thIS project In TItle VI
The NatlOnal Park SerVIce IS urged to ac-
qUire tItle to the Elwha and Gimes Canyon
Dams by February 29, 2000, subject to agree-
ment between the owners and the NatlOnal
Park SerVIce on the detaIls of the transfer
Pending completlOn of planmng, deSIgn, and
engmeenng work for removal of the dams,
the Secretary may cease power productlOn if
he determInes that such productlOn IS not
cost effectIve
The SerVIce IS dIrected to prepare speClal
resource studIes on the followmg areas An-
November 17, 1999
derson Cottage, WashIngton, Dlstnct of Co-
lumb1a, BlOlumlnescent Bay, Puerto RICO,
ClVll RIghts SItes, mult1-state, Crossroads of
the Amencan Revolution, Central New Jer-
sey, Fort Hunter LIggett, CalIforma, Fort
Kmg, Flonda, GavlOta Coast Seashore, Cah-
forma, Kate Mullany House, New York;
Loess HIlls, Iowa, Low Country Gullah Cul-
ture, multI-state, Nan Madol, State of
Ponape, Federated States of MIcronesia,
Walden Pond and Woods, Massachusetts,
World War II SItes, Commonwealth of the
Northern Marianas, and World War II SItes,
Repubhc of Palau Blll language IS mcluded
m SectlOn 326 authOriZing these studIes
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The conference agreement reSCInds the
contract authorIty prOVIded for fiscal year
2000 by 16 U S C 4601-IOa as proposed by both
the House and the Senate
LAND ACQUISITION AND STATE ASSISTANCE
The conference agreement prOVIdes
$120,700,000 for land acqUlsltlOn mcluding
stateSIde grants mstead of $132,000,000 as pro-
posed by the House and $107,725,000 as pro-
posed by the Senate Funds should be dIStrib-
uted as follows
State and PrOject
MD-Antletam NB
WI-Apostle Islands NL .
FL-Blg Cypress N Pres
FL-Blscayne NP
MA-Boston Harbor Is-
lands NRA
PA-Brandywme Battle-
fIeld
MA-Cape Cod NS
MD-Chesapeake and OhlO
Canal NHP
OH-Cuyahoga Valley NRA
WA-Ebey's Landing NH
Res
FL-Everglades NP
VA-Fredericksburg and
Spotsylvama NMP
WV-Gauley R1ver NRA
PA-Gettysburg NMP
FL-Grant to State of FL
HI-Haleakala NP
HI-Hawal1 Volcanoes NP
WI-Ice Age NatlOnal Sce-
nIC TraIl
IN-IndIana Dunes NL
MI-Keweenaw NHP . ...
V A-Manassas NB
CA-MoJave NP&P
(Catellus property)
MD-Monocacy NB
WV-New RlVer Gorge NR
WI-North Country NST
PA-Paoh Battlefield
NM-Pecos NHP
NM-Petroglyph NP
AZ-Saguaro NP
CA-Santa Momca NRA
TN-Stones RIver NB
VI-VIrgin Islands NP (St
John's)
GU-War m the PaCIfic
NHP
CT -Well' Farm NHS
Subtotal
EmergenCles/hardshlps
Inholdmgs and Exchanges
Acq Management . .
StateSIde Land AcqUlsltlOn
Grants
State Grants AdmInIstra-
tIOn
Amount
$2,000,000
250,000
11 ,300,000
600,000
2,000,000
500,000
500,000
800,000
1,000,000
1.000,000
20,000,000
2,000,000
750,000
I 600,000
10,000,000
1,500,000
1,500,000
2,000,000
1,200,000
1,700,000
400,000
5,000,000
500,000
250,000
500,000
1,250,000
1,800,000
3,000,000
2,800,000
2,000,000
1,500,000
1,000,000
500,000
2,000,000
84,700,000
3,000,000
2,000,000
10,000,000
20,000,000
1,000,000
Total 120,700,000
The conference agreement prOVIdes
$2,000,000 to purchase an easement on
Thompson Island as part of the Boston Har-
bor Islands NatIOnal RecreatIOn Area In Mas-
sachusetts The release of these funds IS con-
tingent upon a non-federal match to acqUIre
the balance of the easement on the property
,
, .
.
Exhibit E
Congressional Conference Reports for the Fiscal 2001 Interior
and Related Agencies Appropriation Bills
..
106TH CONGRF..3S} HOUSE: OF REPRESEN'"l'A'I'IVES {
: 2cl Session
REpORT
106-914
~G APPROPRIATIONS FOR THE DEPARTMENT OF THE
INTF.RIOR AND RELATED AGENCIES FOR THE FISCAL
, YEAR ENDING SEPl'EMBER 30, 2001, AND FOR OTHER
PURPOSES
SEPTJ:MDF.R 29, 2000.-ordered to be printed
Mr. ~GUL.A.. frurn. the committee of conference.
submitted the following
CONFERENCE REPORT
(To ac:coropaDy H.R. 457M I
. The committee of conference on the disagreeing votes of "he
two Houses on the amendment of the Senate to the bill ffi.R. 4578)
"making appropriations for the Department of the Interior and re-
lated agencies for the fiscal year ending September 30. 2001, and
(or other purposes". having met, after full Mnd free conference, have
agreed to recommend and. do recommend to their respective Houses
as follows:
i That the House recede from its disagreement to the amend-
ment of the Senate, and agree to the same with an amendment, ~s
fonows:
I In li~u of the matter stricken and inserted by said amendment, -
insert: - .
that the following BUms a.re appropriated, out of any money in the
Treasury not otherwise appropriated. for the Department of the lnte- .
mor a.nd rela.ted agencies for the fiscal year ending September 3D,
~OOl, and for other purposes, namely: _ _
I
I
TITLE I-DEPARTMENT OF THE lNTF;RIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOVltCES
For expenses necessary for protection, use, improvement, devel.
opment, dLSposal, cadaRtral surlJeying, classification, acquisition of
~asements and other intelrests in land.r:;, and. performance of other
{,unctiollf;, in.cluding maintenance of facilities, as authurized. by law,
i1n the manage.ment of lands and their reSOUrCes under the jurisdic-
I C~H
/'
137
""
Itl~I.~ 111 1haus;an4&1
Pmjod
f'lIritl
Cblnt1Utlial
GI<tCI~1 HP, M1 (rehabilitate sewlRe tr.atment ~em) ... .. .. .'''''' ._.. __. ", ..... .......... ..... ......
Grind Pult8gt rtll. 1m (htIlta~B eel1tl!r) ...........___..... ..................."" ....._............ 511
Hupef.l f,.,rry NHP. WV (rch.9bil~te m~lnt~MnC'll bWldille) ............................ _........ .. 15J
Hlsp~nic Cultural Cenbr. NM (~nnruct ellhutal t8rrter) ....."....................... ..........n... ..... ...................
Hat Spnn~ "P, AR (rehabilitation) .........._............. . .... ._........... ..... ._.._......... ......... ...............
Inde~t/Ke WIP. PA (rBhabilltate Merchant's Exdmll!e bwldllltl ..............._...."....... ........... ....._....
john H. Chalet Blackstone Rrver Valley N'fC. RIIMA ...... ..~._.....................__........."... ..._.... ._. ..."
lienlli rJO~ HP. Nt (a.nnlll!tl!s Intet1l2cncy viSltllr ttfltcr d8liign) _................._.... ....,,_ 795
ICtndall Coutlhouu. lL lrestoral.Jon) ..._.. ....~..__...._.........__.._._...... . ...__.._... ...... ..............."..
lCe__.n;rw IM'. MI (reslll~ hIstoric Cahl/llett, IIcdt ~ U~n baildmfl __.. ...._ ~oo
lal.t: Champlain Nils. VT (1llt/lJding &.t. Ind~c:6 .........__.__................_..... .......__.............
uralln Ubr.ty. IL .... _._........_..__......,..__......... ..............__.......... ..._.._...............
lil1alln Home 1tHS. IL IrestDre histone nttJCttJ~) .-..........__.._..........._..__....... 290
IJJnflel10w NtIS. MA (carriare bam) _..........."... _.__........ ""........_............"...._...... ..... .................
MaUlt W.IJ,er rtHs' VA lstabilize lllKI resto~ his1u~ ~1\Ictu~ ........ ........__._.. .. ...._................
Mamll\Oth Cave "P, I<Y (res.nlve OSHA violatJolI$/lC5OWC1! deterlllmion) __...... ........_. ........ ........._....
Manzallllr NIlS, CA (esublish j"teflll'etivl: ocnt8r end IIelIdquartef'l1 ..............__.........._. ........_.....__......
MJl\llle Man NHP. Mllrestare Banle Ra3d lrail hlstoric ~ ...........__... ...... ...... ......_. . ......
Mi"owi Iletre<!lian Riw Re$l:alth & Edllt3tillll C61et. HI-' (Ponc.a Stltt PaM ............ 1:13
Momstowo IIHP. HI - ........ ..-..--....... ...___..____.........._....................._.._........... 500
Morri. Thomp3O/l V~itor and Cullu131 Ce~. AK tlllanninl/l ..... .._...____........~.._....... 500
t.!t RaInier Mr, VfA IBlhibil planmn, lIIld n1m) _.._....."'.._.__....... ..._.._..... 150
Hatlollal Capital ~I. DC (p~ .lettslDI MernDtlal) _......_._.._.._... ..........."...._._...
nationBI Clwtihltioo Centtr. PA (Fedllfal c:ontributWnl _.............. ..".._._.. ............... .... ......... ._.......
NabllMl Undcrerolllld RR fl1l8oolD Cenll!:l'. IlH ..._."'~.._._..___.._...,.__.._....... .__......._.........
Hew Jmev DI3.:tal HarltBgl! TraitlU le%hlbiU, "roue) .._~....__.._...__._. .................. ......
Plcw Rrver Goree NR. W'I (repair rmining wall. visitor beililics, technical S\IJlpOrt) ..... iUS
North Cascades NP, VIA lstabilize and ~ir VI!!t(ll' c.cnter) ........._......._...._..... ........... .._... .._... .........
Olympic liP, WA lremoval 01 EIwIIlI lIam & related hcillttes; wal\:f protemnn tacllities) ... .. ... ............. .
Pataca ot tile GlMlmal1 NNf (build mll$elll1ll ...........__..... .._..._' _.... .,....__......... .._......_..... .......
Palo ~ItD Battlefield NHS. lX 100mJllP.t~ vi,itm cater) "'.._ .____........ ..h...__............ 203
Ptteubu'l NB, VA, lIlBSl!M! hlstorit 81rthen forts) _.._._.......... ....... ......_......,........._.. .........._............
Redwood IW. CA (rem~1It lailinc: ro.adsJ _.._..._...._ ..............__...,'. ......____....... ................_........
Sa lem Maritime Nflf'. MIl (rehabilit.te historic Polish Club) ....._._ "........._.._."...__ _..... .. ....._.._...
Sanla tmnica h'!olll1tains NRA, GA (rehabilitate unWe btilibe:;1 ........ ......_____.._. .._......._.........
~qUllUl It', CI\ IIllIIIDVe t.:!cillt1c~ and rcmrc alant Iial=tl .................. .... ....__..... .............._......
Slliloh NW'. m luo:1lcn cantrol) _..._. _._............ __..__........ .. ....._...._.........._. ........ ....._....._
SOuthwe>t Penn$ytYanis Htfitace. PA (~habilitetion) .__......___._.. .._:_...._ _..........__
st CroiI NSR. Wi (pIannlne Ivr V'CIllP.J.6l/11<1rblri: ~rlta" river l8undI sits) .._..... ZAG
st baudens NIlS, NH (c:cllections bulldill~. Ii~ 'SUPprmionj .......~....._.:_~....~..... 20
Ste~ Gf liber1J mid [JI~ .!sland, NTJtU (jeny Itnninal util~ ........._..__~............ 340
luslu:ree Airmen NIlS. At ma~lzaticm planninif .....,......_....:..._..............__._.......... 500
U.S. Grant 8oyhood Iillm~ DM (11lIlabili~.lbon) _..._..._.....,._._.._._.._...""_.._._....., _......._..............
Va..[ICDIIVet "HR. WA (e!hlbit5. rebahllltatiDn) "-"-:s""'---'-' ...._._.___.......... . .._....~. ".........
ViCkslur, Hr.f'. MS (variou5) ...,,;...-.................._.._................_._....... .... .. 739
Wasllila Battlelleld NHS, OK (vl$itw centl!t' plal1nine) -........ .."._..___............~_..... 7&8
Whtsling Heritafe ~. Yi'/ _.......:......"......._~..~.......:_._~..."... .....____".,.... .._............ ._..
WilllOn's Cn:cl. Ne, MO (c.omplllte liblll~ . "'_ .__...............___.... .. ........_........... __............. .......
Wrighl BI11!h81B NY. He (planning for viioitor center f!S1lmI!lonl .._........................._.... 200
'fello~one 1lP. W'f (r!Place water and wa:dcwatef tJeatmerd ~c;litie8) ....__.._............ ......... . ,...........
Udd
1.08&
I.SOI)
3,000
7.250
7.Snn
30D
65D
10.00II
487
1.867
3.550
5.124
m
Z,3!j(J
'.
53&
10,000
0,000
338
800
2.370 /
15.00D y'
10.000
1,614
666
713
1.002
1.34~
UBI
1,000
3,000
330
US
2.000
3G5
2,000
550
4.000
38
SubtDtal ,....._..........,..".........~........,,' ........._..._........ ...:_......... .......:_.._.........
UlMl-ibllll projcas ItJDm bbDY~) .--......'''''..................,..-.........-............-......-.-.........,.
Emer2tncy or lln$cheduled Projects _............. .... ......_.... ,.........................._..........
HousinR I!plllcr.m~ ........................................ ..... ............. _ .._..._........... ._..........
Dam safelY ..... ._..... .. ........ ........ . . ......_.........: . . .................. ... "..... "'_"'_""" ...
Equipment repllCl:m,nt ...... .... ............ .. "...........__........ . ..... ._............ . ....
Construction pljnninc (pe 10.840 plus !mounU mm 8bOve lor add-wI ." .._...........
~esien and wpplementary setllltes ......._........,.. ............_..... ...,....._......_......
Con::lructJon prll~ram lI1anagerlllml and operallo/U ....._........._.... ..........__..... .........
General mall3gJ:11lent planninf ......._...... ...................... .... ......... . .... ....._.; ....... "
9,939
~.077
Tor". NPS Construction
.~.. ...u........... .._u. .. I..u ....- ........._ ....1... .:____._....1.....
160,630
)00,630
3.500
5,ooQ
1..~O
18,000
20.779
4.500
J7,100
11.225
~A2.m
<~
. .'
..
139
as the Project Management Information System~ ParkNe~ the Op-
erations Formulation System, the Inteno\" Department ~]ectronic
Acquisition System, and the Project Management Development
System.
As part of the Memorandum of Understanding (MOU) directed
in last year's conference agreement, the managers urge the City of
Port Angeles and the Park Service to agree on the WAt.er supply fa-
cilities necessary to mitigate the impact of Elwha River dam re-
moval. If the City and Park Service cannot agrp.E:! on ilia type and
scope of new water supply facilities by March 1, 2001 (or within a
reasonable time prior to designing the facilit.ies). tho man~crs di-
rect that the water supply facilities included in the MOU mini-
mally meet the water quality standards mandated by, nnd be ac-
cepta.ble to. the Washington State Department of Health.
LAND AND WATER CONSERVATION FUNb
(RESCISSION)
The cnnference agreement rescinds the contract authoritylro-
vided for fiscal year 2001 by 16 U.s.C. 4601-10a as propose by
both th e House and the SenatE!.
LAND ACQUISITION AND S1'ATE A..C:;S1STANCE
The conference agreement provides $110,540,000 for land ac-
quisition and SlaLe assistance instead of $104,000,000 as proposed
by the Houso and $87,140,000 a1; proposed by the Senate. Funds
8huuld be distributed as follows:
.beod (StAl4J
Apostle Islands NL (WI) _........., '...h............. ................................ "..n...
Appalachiall NST (Ovoka Farm) (VA) .................................................
Blnck Canyon of the Gunui:sun NP/CurecantJ NRA (00) ...................
Brandywine Battlefield (P A) ................._......................._......___. ....... .....
Cave Cod NS (MA) ........_......_...... ........ ................... .............-.......... .....
Chickama~Chattanoo-'p NMP (TN) ...................................,............
Cumberlana Gap mrP-Tunnel (TN) ....................................................
Cuyahuga Valley NRA (Om ................._._...................._......................
Delaware Water Q~ NRA (PA) ......._.................._......._................_......
Ebey's Landin~ NIiR (WA) .........,........._..............._...n._............__.___...
EverglB.des-G~t to the State of F10rida .......m_...................____........
Fr&dericksbum'SPotsylvaoia NMP r:v A) ---.....-............_.........._...........
ge~tJ:l!lblD'i' NMP"Cp A) ............_...n....... ......h_....._._........ ...__..__.... .........
Gulf Ialancb NS (Cat Island) (MS) ........___...................__._.....................
Harpen Fgrr:Y~HP (WV) ......_................__.___...._..... .................... ..........
Homestead NHS (NE) _n... ..... .....__n...... .......... .._................ ...............,...
Ice Age NST (Wilke Tract.) fWl) ............. " . ....m........................___._...
Indiana Dunes NL (IN) ........................... ........__....................................
Mississippi Notional River RA (Lower Phalen C1'eek) (MN) .............
Mo.nllSBaB NB (V AJ .......... .......................... ............_. ........... ................."
PctTnglyph NM (NM) .. ............_...".,... ......_............., ............_........... .._..
Piscataway Park (Mn) .. ..................... .......n__..._......... .........__...__..... .....
S~ro NP (AZ) ........___..~__..... ... ..... ........__._. """,. 1.__...............,.., .,1 I................. ...,
Santa Monica Mountains NRA (CA) ....h..............................................
Shenandoah NJ:lA (V N .. ............ .................... ........,.... ................., ........
Sitka NHP (Sheldon Jackson College) (AI\) ..........._....."......................Sl~pins Bell. Dunes NL (MI) ..............................___............n...............
Stones River NB CI'N) ..............................................................,.............
Vicksburg NMP (MS) ..........___...._......... ....... ....n.......... .......................
Wrangell-St. Elias NP & Prea. (AK) .................................__.............__..
Subtotal ............ .......,....__........ .........'.,......................... .lllf........................II.'....
Emergency & l{ardllhip ....-......... .....................,. ................. ........m...____.
~
$200,000
1.200,000
1,300,000
1,000,00()
500,000
1,200,000
40,000
1,.500,000
1.000,000
8,250,000
12.000,000
2,.600,000
2.000,000
2,000,000
2,000,000
400,000
2,000.000
2.000,000
1,300.000
1.000,000
2,700,000
200,000
2.200,000
2.000,000
1,000,000
1,300,000
1.100.000
1.500,000
150,000
I,fiOO,OOO
52.040,000
4,000,000