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HomeMy WebLinkAbout5.685 Original Contract -OR-T NGELES 3 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 5. ~<65 ~ If- fiLED FOR RECOil!.' ,h T ,Hi Iit.QU~ST OF. ,\ ~P.4. ~EC - ". ,-" '-. OROcO Ih Hr J', r;,} ,:, ~!,LMl ('0 m /111111 ~ l~ 11111111/1111/11 2004 1138954 Clallam County 200~ AUG -6 PH 3: O~ ~ 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 5 3 2 / / s ) " <>' ) , , ID / / ^^,/ ~O / , : / / j, , ~ ,\ 6:/ "> /~ - '/ / '\ ~ " " D D " , " <:::>"1 C B~ ~ j " / .: ',::' ~ ",( / ' (:.- ( / " ,/ /' /-' , , ' ->':;-!/ ~ r- l"'" 5 A , , 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 ~ ~""'""""""",,F~Lm"')1lUT""""'ESF_ED I /;"" ofiS' '0 I ~'~IURS FIGURE _ SE:iS FIGURE """"-<Xl SEAmE. '" l.tlCm:lIt.li:fATU.... llM.lL7/14jtJ4 3 2 , ' 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