OCR Text |
Show United States on a comprehensive and coordinated basis." 21 Moreover, the agencies, as a matter of practice, generally take such land impacts into consideration. Further, the recent National Environmental Policy Act, which we discuss in Chapter Four, contains directives to all Federal agencies concerning planning requirements for "major Federal actions significantly affecting the quality of the human environment" which will clearly have a broad impact on future water resource development project planning. Nevertheless, we believe it desirable to make specific recommendations concerning the consideration of water project impacts on public land values. As to wildlife resources, the Fish and Wildlife Coordination Act22 requires the Corps of Engineers, Bureau of Reclamation, and Federal Power Commission to "consult with the United States Fish and Wildlife Service, Department of the Interior, and with the head of the agency exercising administration over the wildlife resources of the particular state wherein the impoundment, diversion, or other control facility is to be constructed, with a view to the conservation of wildlife resources by preventing loss of and damage to such resources, as well as providing for the development and improvement thereof in connection with such water resource development." Resulting reports and recommendations of the Secretary and the state agency must be made a part of the report upon which the project is to be justified and given "full consideration." However, final decision is left to the construction or licensing agency by providing that "the project plan shall include such justifiable means and measures for wildlife purposes as the agency finds should be adopted to obtain maximum overall project benefits." With respect to Bureau and Corps' projects, there are no general statutory guidelines, similar to the Fish and Wildlife Coordination Act,23 dealing with the question of how the adverse impact of dams and reservoirs on other public land values are to be taken into account. However, as a general proposition, there is coordination between the construction agencies and the public land management agencies in the preliminary planning stages. Recently, this has taken the form of "impact studies" carried out by the Bureau of Land Management and the Forest Service in response to particular project proposals submitted by the construction agencies. To the extent that conflicts between the proposed project and public land values are not resolved within the Department of the Interior or at the Bureau of the Budget, they are dealt with on an 21 42 U.S.C. §§ 1962-1962 (Supp. IV, 1969). 22 16 U.S.C. § 662a (1964). 23 16 U.S.C. §§ 661-666c (1964). individual project basis by Congress in the legislative authorization process. The Federal Power Act authorizes the Federal Power Commission to issue licenses for hydroelectric projects "upon any part of the public lands and reservations of the United States." 24 As to reservations of lands for particular purposes, however, the Act further provides that "licenses shall be issued within any reservation only after a finding by the Commission that the license not interfere or be inconsistent with the purpose for which such reservation was created or acquired, and shall be subject to and contain such conditions as the Secretary of the department under whose supervision such reservation falls shall deem necessary for the adequate protection and utilization of such reservations." 25 Under this approach, the Federal Power Commission is given the ultimate authority to decide whether a project having an impact on a Federal reservation shall be licensed, presumably even over the holding agency's objection (the role fulfilled by Congress for Bureau and Corps' projects), although the Commission must include such conditions in the license as the holding agency considers necessary. Recognition of Public Land Values Recommendation 59: Congress should require federally authorized water development projects on public lands to be planned and managed to give due regard to other values of the public lands. As pressures on the public lands increase, it becomes more important that greater consideration be given to the impact of water resource development projects on other public land values. Scarcely a project has been proposed to Congress or the Federal Power Commission in recent years which has not generated significant controversy because of its impact on public land values, e.g., Bridge and Marble Canyon Dams on the Colorado, High Mountain Sheep Dam on the Middle Snake, and Rampart Dam in Alaska, to mention only a few. Where Congress authorizes particular projects, as with Bureau and Corps' programs, it should be fully advised of public land impacts that would be caused by a proposed project, and the steps proposed to deal with them, along the lines of the Fish and Wildlife Coordination Act. Consequently, we recommend that Congress expressly provide that public land impacts be considered by the Bureau of Reclamation and the Corps of Engineers in planning and carrying out their programs, and require that project justification reports 24 16 U.S.C. §797(e) (1964). 2s Ibid. 154 |