30852 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 

Personal Property: Ownership of any 

tangible article. Examples of personal 

property include vehicles, furniture, 

boats, collectibles, etc. 

Refuse: Items or material discarded or 

rejected as useless or worthless, trash or 

rubbish. 

You must follow these rules: 

These final supplementary rules 

apply, except as specifically exempted, 

to all camping on undeveloped public 

lands managed by the Montana State 

Office of the BLM within the states of 

Montana, North Dakota, and South 

Dakota. These final supplementary rules 

are in effect on a year-round basis and 

will remain in effect until modified by 

the BLM. 

1. You must not camp longer than 16 

consecutive days at any one location; 

2. No person or group may camp 

within a single location on public lands 

more than 16 days within any period of 

30 consecutive days. The 16-day limit 

may be reached either by compiling 

individual visits during a 30-day 

interval or by occupying a location 

continuously for 16 days during a 30- 

day interval. A 16-day interval begins 

when a person initially camps or leaves 

vehicles or property at a site on public 

lands; 

3. After 16 days of camping in a single 

location, you must not camp at that 

location until at least 30 days have 

passed, and any camp relocation within 

that 30-day period shall not be within 

a one-half mile radius from the original 

site. Under special circumstances and 

upon request, the BLM may issue a 

written permit for extension of the 16- 

day limit; 

4. You must not leave any personal 

property or refuse after vacating the 

campsite. This includes any property 

left for the purposes of use by another 

camper or occupant; 

5. The time such property is left 

unattended at a site will be counted 

toward the 16-day camping limit. 

(Unattended property is still subject to 

the time limits found in 43 CFR 8365.1– 

2(b)); and 

6. The following persons are exempt 

from these final supplementary rules: 

any Federal, state, or local officer or 

employee in the scope of their duties; 

members of any organized rescue or 

firefighting force in performance of an 

official duty; and any person whose 

activities are authorized in writing by 

the BLM. 

Penalties 

Penalties under these rules may 

depend on the location where a 

violation occurs. The primary statutory 

authority for proposing these final 

supplementary rules is the Federal Land 

Policy and Management Act (FLPMA). 

Section 310 of FLPMA (43 U.S.C. 1740) 

authorizes the BLM to issue rules and 

regulations to carry out the purposes of 

FLPMA and other laws applicable to the 

public lands. Under Section 303(a) of 

FLPMA, 43 U.S.C. 1733(a) and 43 CFR 

8360.0–7, any person who violates any 

of these final supplementary rules on 

any public lands may be tried before a 

United States Magistrate and fined no 

more than $1,000 or imprisoned for no 

more than 12 months, or both. Also, 

such violations may be subject to the 

enhanced fines provided for by 18 

U.S.C. 3571. Under the Taylor Grazing 

Act, any person who violates any of 

these final supplementary rules on 

public lands within grazing districts 

(see 43 U.S.C. 315a), or on public lands 

subject to a grazing lease (see 43 U.S.C. 

315m), may be tried before a United 

States Magistrate and fined no more 

than $500. Such violations may also be 

subject to the enhanced fines provided 

for by 18 U.S.C. 3571. 

Any person who violates any of these 

final supplementary rules on public 

lands managed in accordance with the 

Sikes Act may be tried before a United 

States Magistrate and fined no more 

than $500 or imprisoned for no more 

than six months, or both. Such 

violations may also be subject to the 

enhanced fines provided for by 18 

U.S.C. 3571. 

In accordance with 43 CFR 8365.1–7, 

state or local officials may also impose 

penalties for violations of Montana, 

North Dakota, or South Dakota law. 

Gene R. Terland, 

State Director, Montana State Office. 

[FR Doc. 2010–13227 Filed 6–1–10; 8:45 am] 

BILLING CODE 4310–DN–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

Hydroelectric Power Development at 

Ridgway Dam, Dallas Creek Project, 

Colorado 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of intent to accept 

proposals, select lessee, and contract for 

hydroelectric power development at 

Ridgway Dam. 

SUMMARY: Current Federal policy 

encourages non-Federal development of 

environmentally sustainable 

hydropower potential on Federal water 

resource projects. The Bureau of 

Reclamation (Reclamation), in 

consultation with the Department of 

Energy, Western Area Power 

Administration (Western), will consider 

proposals for non-Federal development 

of hydroelectric power at Ridgway Dam, 

a feature of the Dallas Creek Project. 

Reclamation is considering such 

hydroelectric power development under 

a lease of power privilege. No Federal 

funds will be available for such 

hydroelectric power development. 

Western would have the first 

opportunity to purchase and/or market 

the power that would be generated by 

such development under a lease of 

power privilege. The Dallas Creek 

Project is a Federal Reclamation project. 

This notice presents background 

information, proposal content 

guidelines, and information concerning 

selection of a non-Federal entity to 

develop hydroelectric power at Ridgway 

Dam, and power purchasing and/or 

marketing considerations. 

DATES: A written proposal and seven 

copies must be submitted on or before 

5 p.m. (MST), on Friday, December 3, 

2010. A proposal will be considered 

timely only if it is received in the office 

of the Area Manager by or before 5 p.m. 

on the designated date. Interested 

entities are cautioned that delayed 

delivery to this office due to failures or 

misunderstandings of the entity and/or 

of mail, overnight, or courier services 

will not excuse lateness and, 

accordingly, are advised to provide 

sufficient time for delivery. Late 

proposals will not be considered. 

ADDRESSES: Send written proposals to 

Ms. Carol DeAngelis, Area Manager, 

Western Colorado Area Office, Bureau 

of Reclamation, 2764 Compass Drive, 

Suite 106, Grand Junction, Colorado 

81506, telephone (970) 248–0600. 

A copy of the proposal should also be 

sent at or about the time it is due at 

Reclamation to: CRSP Manager, Western 

Area Power Administration, 150 Social 

Hall Avenue, Suite 300, Salt Lake City, 

Utah 84111–1534. Western is also 

available to meet with Reclamation and 

interested entities to discuss Western’s 

potential marketing of hydropower. 

FOR FURTHER INFORMATION CONTACT: 

Technical data, including past water 

release patterns, may be obtained by 

contacting Mr. Dan Crabtree, Water 

Management Group Chief, Western 

Colorado Area Office, Bureau of 

Reclamation 2764 Compass Drive, Suite 

106, Grand Junction, Colorado 81506, 

telephone (970) 248–0652. 

Reclamation will be available to meet 

with interested entities only upon 

written request to the Water 

Management Group Chief at the above 

cited address. Reclamation will provide 

an opportunity for a site visit. In 

addition, Reclamation reserves the right 


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to schedule a single meeting and/or visit 

to address the questions of all entities 

that have submitted questions or 

requested site visits. Information related 

to Western’s purchasing and/or 

marketing of the power may be obtained 

by contacting Ms. LaVerne Kyriss, CRSP 

Manager, Western Area Power 

Administration, 150 Social Hall 

Avenue, Suite 300, Salt Lake City, Utah 

84111–1534, telephone (801) 524–6372. 

Information related to the operation and 

maintenance of Ridgway Dam may be 

obtained by contacting Mr. Mike Berry, 

Tri-County Water Conservancy District, 

P.O. Box 347, Montrose, Colorado 

81402, telephone (970) 249–3369. 

SUPPLEMENTARY INFORMATION: The Dallas 

Creek Project, located near the town of 

Ridgway in west-central Colorado on 

the Uncompahgre River in the Colorado 

River Basin, was authorized for 

construction (including hydropower) by 

the Colorado River Basin Project Act of 

September 30, 1968 (Pub. L. 90–537), as 

a participating project under the 

Colorado River Storage Project Act of 

April 11, 1956 (Pub. L. 84–485). The 

Tri-County Water Conservancy District 

(District), under its contracts with the 

United States, has certain operation, 

maintenance, replacement, and 

repayment responsibilities and 

obligations concerning Ridgway Dam. 

Reclamation, in consultation with 

Western, is considering hydroelectric 

power development at Ridgway Dam 

under a lease of power privilege. A lease 

of power privilege is an alternative to 

Federal hydroelectric power 

development. A lease of power privilege 

is a contractual right given to a nonFederal entity to use a Reclamation 

facility for electric power generation 

consistent with Reclamation project 

purposes. Leases of power privilege 

have terms not to exceed 40 years. The 

general authority for lease of power 

privilege under Reclamation law 

includes, among others, the Town Sites 

and Power Development Act of 1906 (43 

U.S.C. 522), and the Reclamation Project 

Act of 1939 (43 U.S.C. 485h(c)) (1939 

Act). Reclamation will be the lead 

Federal agency for ensuring compliance 

with the National Environmental Policy 

Act (NEPA) of any lease of power 

privilege considered in response to this 

notice. Leases of power privilege may be 

issued only when Reclamation, upon 

completion of the NEPA process, 

determines that the proposed 

hydropower development is 

environmentally acceptable. Any lease 

of power privilege at Ridgway Dam 

must accommodate existing contractual 

and environmental commitments 

related to operation and maintenance of 

such existing facilities. The lessee (i.e., 

successful proposing entity) would be 

required to enter into a contract with the 

District to coordinate operation and 

maintenance of any proposed 

hydropower development with existing 

Federal features. 

Western would have the first 

opportunity to purchase and/or market 

the power that would be generated 

under any lease of power privilege. 

Western would have 60 days from the 

date of notification of selection of a 

lessee in which to decide whether to 

purchase and/or market the power. 

All costs incurred by the United 

States related to development and 

operation and maintenance under a 

lease of power privilege, including 

NEPA compliance, engineering reviews, 

and development of the lease of power 

privilege, would be the expense of the 

lessee. In addition, the lessee would be 

required to make annual payments to 

the United States for the use of a 

Government facility. Depending on the 

economic capability of the proposed 

hydropower development, this amount 

will be not less than 3 mills per 

kilowatt-hour of generation. If 

conditions provide opportunity for 

substantial benefits to accrue to the 

lessee, then the United States will 

benefit proportionally. Also, under the 

lease of power privilege, provisions will 

be included for inflation of the annual 

payment with time. Such annual 

payments to the United States would be 

deposited as a credit to the Upper 

Colorado River Basin Fund. 

Proposal Content Guidelines 

Interested parties should submit 

proposals explaining in as precise detail 

as is practicable how the hydropower 

potential would be developed. Factors 

which a proposal should consider and 

address include, but are not limited to, 

the following: 

(a) Provide all information relevant to 

the qualifications of the proposing 

entity to plan and implement such a 

project, including, but not limited to, 

information about preference status, 

type of organization, length of time in 

business, experience in funding, design 

and construction of similar projects, 

industry rating(s) that indicate financial 

soundness and/or technical and 

managerial capability, experience of key 

management personnel, history of any 

reorganizations or mergers with other 

companies, and any other information 

that demonstrates the interested entity’s 

organizational, technical, and financial 

ability to perform all aspects of the 

work. Include a discussion of past 

experience in operating and maintaining 

similar facilities and provide references 

as appropriate. The term ‘‘preference 

entity,’’ as applied to a lease of power 

privilege, means an entity qualifying for 

preference under Section 9c of the 1939 

Act as a municipality, public 

corporation or agency, or cooperative or 

other nonprofit organization financed in 

whole or in part by loans made pursuant 

to the Rural Electrification Act of 1936, 

as amended. 

(b) Provide geographical locations and 

describe principal structures and other 

important features of the proposed 

development including roads and 

transmission lines. Note: Due to 

possible forthcoming modifications at 

Ridgway Dam, the available sites for a 

powerhouse are presently limited. It is 

therefore imperative that any potential 

lessee consult with Reclamation to 

obtain current information regarding 

acceptable potential powerhouse 

locations. Estimate and describe 

installed capacity and the capacity of 

the power facilities under dry, average, 

and wet hydrological conditions. Also 

describe seasonal or annual generation 

patterns. Include estimates of the 

amount of electrical energy that would 

be produced from the facility for each 

month of average, dry, and wet water 

years. If capacity and energy can be 

delivered to another location, either by 

the proposing entity or by potential 

wheeling agents, specify where capacity 

and energy can be delivered. Include 

concepts for power sales and 

contractual arrangements, involved 

parties, and the proposed approach to 

wheeling if required. To determine the 

marketability of the generated 

hydropower, Western requires the 

following information: Cost of delivered 

generation in $/megawatt-hour, 

including any variations in cost (onpeak, off-peak, seasonal), including 

escalation factors and any other charges; 

delivery point and voltage of generation 

plus any arrangements the lessee has to 

wheel power to an alternate location(s); 

the daily, weekly, monthly, and annual 

pattern of expected generation under 

average, wet, and dry hydrological 

conditions; ability of generation to 

provide ancillary services such as 

regulation, spinning reserves, and voltampere reactive support; and 

information on the reliability of the 

generation, potential maintenance 

outage schedule, and duration. 

(c) Indicate title arrangements and the 

ability for acquiring title to or the right 

to occupy and use lands necessary for 

the proposed development(s), including 

such additional lands as may be 

required during construction. 

(d) Identify water rights applicable to 

the operation of the proposed 

development(s), the holder of such 


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rights, and how these rights would be 

acquired or perfected. 

(e) Discuss any studies necessary to 

adequately define impacts on the Dallas 

Creek Project and the environment of 

the development. Describe any 

significant environmental issues 

associated with the development and 

the proposing entity’s approach for 

gathering relevant data and resolving 

such issues to protect and enhance the 

quality of the environment. Explain any 

proposed use of the hydropower 

development for conservation and 

utilization of the available water 

resources in the public interest. 

(f) Describe anticipated contractual 

arrangements with the entity or entities 

having operation and maintenance 

responsibility for the Dallas Creek 

Project feature(s) that are proposed for 

utilization in the hydropower 

development under consideration. 

Define how the hydropower 

development would operate in harmony 

with the multiple purposes of the Dallas 

Creek Project and existing applicable 

contracts related to operation and 

maintenance of Dallas Creek Project 

feature(s) being considered for 

modification. 

(g) Describe plans for assuming 

liability for damage to the operational 

and structural integrity of the Dallas 

Creek Project caused by construction, 

operation, and/or maintenance of the 

hydropower development. 

(h) Identify the organizational 

structure planned for the long-term 

operation and maintenance of any 

proposed hydropower development. 

(i) Provide a management plan to 

accomplish such activities as planning, 

NEPA compliance, lease of power 

privilege development, design, 

construction, facility testing, and start of 

hydropower production. Prepare 

schedules of these activities as is 

applicable. Describe what studies are 

necessary to accomplish the 

hydroelectric power development and 

how the studies would be implemented. 

(j) Estimate development cost. This 

cost should include all investment costs 

such as the cost of studies to determine 

feasibility, NEPA compliance, design, 

construction, and financing as well as 

the amortized annual cost of the 

investment; also, the annual operation, 

maintenance, and replacement expense 

for the hydropower development; 

annual payments to the United States; 

expenses that may be associated with 

the Dallas Creek Project; and the 

anticipated return on investment. If 

there are additional transmission or 

wheeling expenses associated with the 

development of the hydropower 

development, these should be included. 

Identify proposed methods of financing 

the hydropower development. An 

economic analysis should be presented 

that compares the present worth of all 

benefits and costs of the hydropower 

development. 

Selection of Lessee 

Reclamation, in consultation with 

Western, will evaluate proposals 

received in response to this published 

notice. Reclamation may request 

additional information from individual 

proposing entities and/or all proposing 

entities after proposals are submitted, 

but prior to making a selection of a 

lessee. 

Reclamation will give more favorable 

consideration to proposals that (1) 

emphasize sustainable, low impact, or 

small hydropower development that 

avoids, reduces, or minimizes 

environmental impacts; (2) improve 

ecosystem function; (3) utilize water 

and natural resources in an 

environmentally and economically 

sound manner; (4) clearly demonstrate 

that the offeror is qualified to develop 

the hydropower facility and provide for 

long-term operation and maintenance; 

and (5) best share the economic benefits 

of the hydropower development among 

parties (including the United States) to 

the lease of power privilege. A proposal 

will be deemed unacceptable if it is 

inconsistent with Dallas Creek Project 

purposes, as determined by 

Reclamation. Reclamation will give 

preference to those entities that qualify 

as preference entities, as defined under 

Proposal Content Guidelines, item (a), 

provided that their proposal is at least 

as well-adapted to developing, 

conserving, and utilizing the water and 

natural resources as other submitted 

proposals and that the preference entity 

is well qualified. Through written 

notice, all preference entities submitting 

proposals would be allowed 90 days to 

improve their proposals, if necessary, to 

be made at least equal to a proposal(s) 

that may have been submitted by a nonpreference entity. 

Power Purchasing and/or Marketing 

Considerations 

Western would have the first 

opportunity to purchase and/or market 

the power that would be generated by 

the project under a lease of power 

privilege. Western will consult with 

Reclamation on such power purchasing 

and/or marketing considerations. 

Western may market the power 

available from the project as part of its 

Salt Lake City Area Integrated Projects 

(SLCA/IP) or on a stand-alone basis, first 

to preference entities qualified under 

criteria established by Western and 

second to non-preference entities, by 

developing an individual marketing 

plan for this power. This marketing plan 

would be developed through a separate 

subsequent public process beginning 

with a notice in the Federal Register of 

Western’s intent to market the power. 

The marketing plan would include all 

aspects of marketing the power, 

including assignment of power to 

qualified preference and/or nonpreference entities, pricing, 

transmission, and delivery of power. 

Western would recover the costs it 

would incur in purchasing and/or 

marketing the power through the rates 

charged for the power. Firm power rates 

would be established through a public 

process, initiated by a notice in the 

Federal Register, separate from the 

marketing plan. 

In the event Western elects to not 

purchase and/or market the power 

generated by the hydropower 

development or such a decision cannot 

be made within 60 days of notification 

of selection of a lessee, the lessee would 

be responsible for marketing the power 

generated by the project with priority 

given to preference entities as heretofore 

defined in Proposal Content Guidelines, 

item (a). 

Notice and Time Period To Enter Into 

Lease of Power Privilege 

Reclamation will notify, in writing, all 

entities submitting proposals of 

Reclamation’s decision regarding 

selection of the potential lessee. The 

selected potential lessee will have two 

years from the date of such notification 

to enter into a lease of power privilege 

for the proposed development of 

hydropower at Ridgway Dam. Any 

excessive delay resulting from 

compliance with the provisions of 

Federal environmental laws or 

administrative review by a Federal 

agency, pertaining to the project, may 

extend the two-year time period for a 

period equal to that of the delay. In the 

event of litigation related to the 

proposed project, the two-year time 

period will be extended for a period 

equal to that of the delay, provided such 

litigation was initiated by parties other 

than the selected potential lessee or its 

employees, officers, agents, assigns, 

shareholders, customers, or persons or 

groups served by or in privity with the 

potential lessee. 

Dated: May 13, 2010. 

Anamarie Gold, 

Assistant Regional Director, Upper Colorado 

Region. 

[FR Doc. 2010–13149 Filed 6–1–10; 8:45 am] 

BILLING CODE 4310–MN–P 


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