11008 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices

Guidelines. We will be distributing a

notice to the public of the receipt of an

application by the Caltrans and solicit

comments on the proposed project. An

Environmental Assessment will be

prepared to address the additional

analysis and comments received in

response to the Public Notice.

Comments concerning the Caltrans’

proposed project must be provided in

response to the Los Angeles District

Public Notice of the project application,

which we anticipate, will be circulated

on February 16, 2001. This Public

Notice can be obtained by submitting a

written request to Mr. Terry Dean at the

above listed address or by accessing our

Internet web page at http://

www.spl.usace.army.mil.

Dated: February 14, 2001.

John P. Carroll,

Colonel, Corps of Engineers, District Engineer.

[FR Doc. 01–4291 Filed 2–20–01; 8:45 am]

BILLING CODE 3710–KF–U

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

Intent To Prepare a Draft

Environmental Impact Statement

(DEIS) for the Transfer of Federal

Lands to the State of South Dakota

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice of intent.

SUMMARY: In accordance with the

National Environmental Policy Act

(NEPA) and implementing regulations, a

DEIS will be prepared to conduct a

comprehensive study of the potential

impacts of the transfer of Corps of

Engineers lands to the State of South

Dakota for fish and wildlife purposes, or

recreation uses, in perpetuity.

FOR FURTHER INFORMATION CONTACT: To

request additional information, please

contact Patsy Freeman, CENWO–PM–

AE, U.S. Army Corps of Engineers, 215

North 17th Street, Omaha, Nebraska

68102–4978, telephone at (402) 221–

3803, or E-Mail

patricia.l.freeman@usace.army.mil.

SUPPLEMENTARY INFORMATION: As a result

of section 605 of the legislation of the

Water Resources Development Act

(WRDA) Public Law 106–53, August 17,

1999, as amended by WRDA 2000, Title

VI—Cheyenne River Sioux Tribe, Lower

Brule Sioux Tribe, and State of South

Dakota Terrestrial Wildlife Habitat

Restoration Act, the Secretary of the

Army is required to transfer

approximately 92,000 acres of land and

recreation areas at Lake Oahe, Lake

Sharpe, Lewis & Clark Lake, and Lake

Francis Case in South Dakota to the

Department of Game, Fish & Parks of the

State of South Dakota (SDGFP) for fish

and wildlife purposes, or recreation

uses, in perpetuity. These lands are

located above the top of the exclusive

flood pool levels of the Oahe, Big Bend,

Fort Randall and Gavin’s Point projects;

were acquired by the Secretary for the

implementation of the Pick-Sloan

Missouri River Basin program; are

located outside the external boundaries

of a reservation of an Indian Tribe; and

are located within the State of South

Dakota. Section 605 also states that the

following provisions of law shall apply

to land transferred to the State: (1) The

National Historic Preservation Act, (2)

the Archaeological Resources Protection

Act of 1979, and (3) the Native

American Graves Protection Act and

Repatriation Act.

Approximately 54 recreation areas

will be transferred. WRDA 2000 requires

transfer of recreation areas by January 1,

2002. The legislation also requires

42,000 acres of land to be transferred to

the Department of the Interior to be held

in trust for two Indian Tribes (Cheyenne

River Sioux Tribe and the Lower Brule

Sioux Tribe). That action is categorically

excluded from preparation of a NEPA

document and will occur separately.

1. Because the Corps of Engineers has

no discretion with respect to transfer of

the land, no reasonable alternatives to

the transfer of land to the State of South

Dakota exist as a result of the legislation

associated with the action (WRDA,

Public Law 106–53). The alternatives

that will be discussed are (1) the transfer

of all required lands to the State of

South Dakota, and (2) the No Action

alternative. NEPA requires

consideration of the ‘‘No Action’’

alternative, which in this case would be

no transfer (continued management by

the Corps of Engineers). Implementation

of the ‘‘No Action’’ alternative is not

within the authority of the Corps. To

rescind Public Law 106–53,

congressional action would be required.

Since there is no agency decisionmaking associated with this action, the

EIS is being prepared for the purposes

of public disclosure.

2. Nothing in the Title VI (title)

diminishes or affects (a) any water right

of an Indian Tribe; (b) any other right of

an Indian Tribe, except as specifically

provided in another provision of the

title; (c) treaty right that is in effect on

the date of enactment of this Act; (d)

any external boundary of an Indian

reservation of an Indian Tribe; (e) any

authority of the State of South Dakota

that relates to the protection, regulation,

or management of fish, terrestrial

wildlife, and cultural and archaeological

resources, except as specifically

provided in the title; or (f) any authority

of the Secretary, the Secretary of the

Interior, or the head of any other Federal

agency under a law in effect on the date

of enactment of the Act, including the

National Historic Preservation Act, the

Archaeological Resources Protection Act

of 1979, the Fish and Wildlife

Coordination Act, the Act entitled ‘‘An

Act for the protection of the bald eagle’’

approved June 8, 1940, the Migratory

Bird Treaty Act, the Endangered Species

Act of 1973, the Native American

Graves Protection and Repatriation Act,

the Federal Water Pollution Control Act

(commonly known as the ‘‘Clean Water

Act’’), the Safe Drinking Water Act, and

the National Environmental Policy Act

of 1969.

3. Public scoping meeting will be held

on the following dates at the following

locations: March 12, 2001 at 5PM at the

Cedar Shore Resort, 1500 Shoreline

Drive in Oacoma, SD; March 13, 2001 at

the Wrangler Motor Inn, 800 West

Grand Crossing in Mobridge, SD; March

14, 2001 at the Best Western Ramkota

Hotel, 920 West Sioux Avenue in Pierre,

SD; and March 15, 2001 at Dave’s at the

Best Western, 1607 East Hwy 50 in

Yankton, SD. An Open House session

will be held at 5 PM, with the formal

session beginning at 7 PM.

Results from the public scoping

meeting(s) with the District and Federal,

State and local agency coordination will

be addressed in the DEIS. Parties

interested in receiving notices of public

scoping meeting(s) or copies of the

Scoping Document should contact Patsy

Freeman at the above address.

4. Federal agencies interested in

participating as a Cooperating Agency

are requested to submit a letter of intent

to Colonel Mark E. Tillotson, District

Engineer, at the above address.

5. Estimated Date of DEIS availability:

July 2001.

Candace M. Gorton,

Chief, Environmental and Economics Section,

Planning Branch, Planning, Programs and

Project Management Division.

[FR Doc. 01–4248 Filed 2–20–01; 8:45 am]

BILLING CODE 3710–62–P

DEPARTMENT OF ENERGY

[Docket No. EA–232]

Application to Export Electric Energy;

OGE Energy Resources, Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Notices 11009

SUMMARY: OGE Energy Resources, Inc.

(OERI) has applied for authority to

transmit electric energy from the United

States to Canada pursuant to section

202(e) of the Federal Power Act.

DATES: Comments, protests or requests

to intervene must be submitted on or

before March 23, 2001.

ADDRESSES: Comments, protests or

requests to intervene should be

addressed as follows: Office of Coal &

Power Im/Ex (FE–27), Office of Fossil

Energy, U.S. Department of Energy,

1000 Independence Avenue, SW.,

Washington, DC 20585–0350 (FAX 202–

287–5736).

FOR FURTHER INFORMATION CONTACT:

Xavier Puslowski (Program Office) 202–

586–4708 or Michael Skinker (Program

Attorney) 202–586–2793.

SUPPLEMENTARY INFORMATION: Exports of

electricity from the United States to a

foreign country are regulated and

require authorization under section

202(e) of the Federal Power Act (FPA)

(16 U.S.C. 824a(e)).

On February 6, 2001, the Office of

Fossil Energy (FE) of the Department of

Energy (DOE) received an application

from OERI to transmit electric energy

from the United States to Canada. OERI

is an Oklahoma corporation created for

the purposes of marketing electricity,

natural gas and other energy

commodities throughout North

America. OERI will purchase the power

to be exported from electric utilities and

Federal power marketing agencies in the

United States.

OERI proposes to arrange for the

delivery of electric energy to Canada

over the existing international

transmission facilities owned by Basin

Electric Power Cooperative, Bonneville

Power Administration, Citizens Utilities

Co., Detroit Edison Company, Eastern

Maine Electric Cooperative, Joint

Owners of the Highgate Project, Long

Sault, Inc., Maine Electric Power

Company, Maine Public Service

Company, Minnesota Power and Light

Inc., Minnkota Power Cooperative, New

York Power Authority, Niagara Mohawk

Power Corporation, Northern States

Power, and Vermont Electric

Transmission Company. The

construction, operation, maintenance,

and connection of each of the

international transmission facilities to

be utilized by OERI, as more fully

described in the application, has

previously been authorized by a

Presidential permit issued pursuant to

Executive Order 10485, as amended.

Procedural Matters

Any person desiring to become a

party to this proceeding or to be heard

by filing comments or protests to this

application should file a petition to

intervene, comment or protest at the

address provided above in accordance

with §§ 385.211 or 385.214 of the

FERC’s Rules of Practice and Procedures

(18 CFR 385.211, 385.214). Fifteen

copies of each petition and protest

should be filed with the DOE on or

before the date listed above.

Comments on the OERI application to

export electric energy to Canada should

be clearly marked with Docket EA–232.

Additional copies are to be filed directly

with Michael J. Foster, Esq., Contract

Administration, Enogex Inc., 600

Central Park Two, 515 Central Park

Drive, Oklahoma City, OK 73105.

A final decision will be made on this

application after the environmental

impacts have been evaluated pursuant

to the National Environmental Policy

Act of 1969, and a determination is

made by the DOE that the proposed

action will not adversely impact on the

reliability of the U.S. electric power

supply system.

Copies of this application will be

made available, upon request, for public

inspection and copying at the address

provided above or by accessing the

Fossil Energy Home Page at http://

www.fe.doe.gov. Upon reaching the

Fossil Energy Home page, select

‘‘Regulatory Programs,’’ then

‘‘Electricity Regulation,’’ and then

‘‘Pending Proceedings’’ from the options

menus.

Issued in Washington, D.C., on February

13, 2001.

Anthony J. Como,

Deputy Director, Electric Power Regulation,

Office of Coal & Power Im/Ex, Office of Coal

& Power Systems, Office of Fossil Energy.

[FR Doc. 01–4236 Filed 2–20–01; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

[Docket Nos. FE C&E 01–44, C&E 01–45,

C&E 01–46 and C&E 01–47 and Certification

Notice–196]

Office of Fossil Energy; Notice of

Filings of Coal Capability of Wise

County Power Company, LLC, Panda

Gila River, LP, CPV Atlantic, Ltd,

Partnership and Baytown Energy

Center, LP Parntership Powerplant and

Industrial Fuel Use Act

AGENCY: Office of Fossil Energy,

Department of Energy.

ACTION: Notice of filing.

SUMMARY: Wise County Power

Company, LLC, Panda Gila River, LP,

CPV Atlantic, Ltd, Partnership, and

Baytown Energy Center, LP, Partnership

submitted coal capability selfcertifications pursuant to section 201 of

the Powerplant and Industrial Fuel Use

Act of 1978, as amended.

ADDRESSES: Copies of self-certification

filings are available for public

inspection, upon request, in the Office

of Coal & Power Im/Ex, Fossil Energy,

Room 4G–039, FE–27, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT:

Ellen Russell at (202) 586–9624.

SUPPLEMENTARY INFORMATION: Title II of

the Powerplant and Industrial Fuel Use

Act of 1978 (FUA), as amended (42

U.S.C. 8301 et seq.), provides that no

new baseload electric powerplant may

be constructed or operated without the

capability to use coal or another

alternate fuel as a primary energy

source. In order to meet the requirement

of coal capability, the owner or operator

of such facilities proposing to use

natural gas or petroleum as its primary

energy source shall certify, pursuant to

FUA section 201(d), to the Secretary of

Energy prior to construction, or prior to

operation as a base load powerplant,

that such powerplant has the capability

to use coal or another alternate fuel.

Such certification establishes

compliance with section 201(a) as of the

date filed with the Department of

Energy. The Secretary is required to

publish a notice in the Federal Register

that a certification has been filed. The

following owners/operators of the

proposed new baseload powerplants

have filed a self-certification in

acccordance with section 201(d).

Owner: Wise County Power Company,

LLC (C&E 01–44).

Operator: Wise County Power

Company, LLC.

Location: Wise County, Texas.

Plant Configuration: Combined-cycle.

Capacity: 700 MW.

Fuel: Natural gas.

Purchasing Entities: Electric

Reliability Council of Texas (ERCOT).

In-service Date: January 1, 2003.

Owner: Panda Gila River, L.P.(C&E

01–45).

Operator: Panda Gila River, L.P.

Location: Gila Bend, Arizona.

Plant Configuration: Combined-cycle.

Capacity: 2300 MW.

Fuel: Natural gas.

Purchasing Entities: To be

determined.

In-service Date: March 2003.

Owner: CPV Atlantic, Ltd (C&E 01–

46).

Operator: CPV Atlantic, Ltd.

Location: St. Lucie County, Florida.

Plant Configuration: Combined-cycle.

Capacity: 250 MW.