HomeMy WebLinkAboutRepresentative Norm Dicks11 F �,. N,
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CITY ATTORNEY
August 6, 2004
The Honorable Norm Dicks,
Representative; 6`h District of Washington
2467 Rayburn House Office Bldg.
Washington, D.C. 20515
Re: Elwha Restoration Project MOU
Dear Congressman -Dicks:
At Its regular meeting on August 3, 2004, a majority of the City Council approved the
Memorandum of Understanding among the National Park Service, the Lower Elwha
Klallam Tribe, and the City of Port Angeles. Although the MOU was approved, the_
Council was unanimous in expressing concern about its scope. and' limitations. 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 ° TTY: 360- 417 -4 645
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 QM&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
Klallani 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,
Al—
Gary Braun, Deputy Mayor
City of Port Angeles