Central Utah Project Completion Act; Notice of Intent To Accept Proposals, Select a Potential Lessee, and Contract for Hydroelectric Power Development at the Spanish Fork Flow Control Structure, 27342-27344 [2011-11525]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 27342 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Notices meet affordable housing needs within Native American communities. Recipients of Native American Housing Block Grants (NAHBG) funds under the American Recovery and Reinvestment Act of 2008 are required to submit annually the Annual Performance Report (HUD–52735–AS) to describe (1) the use of NAHBG funds during the prior 12-month period; (2) the actual outcomes and outputs achieved; (3) program accomplishments; and (4) jobs supported by NAHBGfunded activities. (Since NAHBG was authorized under the auspices of NAHASDA, §§ 102 and 404 apply). Participants in the IHBG program are responsible for notifying HUD of changes to the Formula Current Assisted Stock (FCAS) component of the IHBG formula. HUD is notified of changes in the FCAS through a Formula Response Form (HUD–4117), as defined at 24 CFR 1000.302. A Tribe, TDHE, or HUD may challenge the data from the U.S. Decennial Census or provide an alternative source of data by submitting the Guidelines for Challenging U.S. Decennial Census Data Document (HUD–4119). Census challenges are due June 15 of each fiscal year, as defined at 24 CFR 1000.336. This information collection is required of participants in the IHBG program to demonstrate compliance with eligibility and other requirements of NAHASDA; provision of correction or challenge documentation of the formula calculation; and provision of data for HUD’s annual report to Congress. The information gathered will be used to allocate funds under the IHBG program. The quality assurance of data reported is a very important issue in maintaining HUD’s databases used to monitor participant’s proposed plans, accomplishments, determine program compliance, and to ensure fair and equitable allocations. In some cases, the FCAS information addressing the conveyances and conversions of units has resulted in the recouping of funds. The information collected will allow HUD to accurately audit the program. Agency form numbers: HUD–52737, HUD–52735–AS, HUD–4117, HUD– 4119. Members of affected public: Native American Tribes and Tribally Designated Housing Entities, Alaska Natives and Corporations, and Native Hawaiians. Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: The estimated number of respondents is 579; the frequency of response is once per year; VerDate Mar<15>2010 17:18 May 10, 2011 Jkt 223001 and the total reporting burden is estimated at 54,578 hours. Status of the proposed information collection: Extension. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: May 3, 2011. Merrie Nichols-Dixon, Deputy Director for Office of Policy, Programs, and Legislative Initiatives. [FR Doc. 2011–11518 Filed 5–10–11; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Central Utah Project Completion Act; Notice of Intent To Accept Proposals, Select a Potential Lessee, and Contract for Hydroelectric Power Development at the Spanish Fork Flow Control Structure Office of the Assistant Secretary—Water and Science, Department of the Interior. ACTION: Notice. AGENCY: Current Federal policy encourages non-Federal development of environmentally sustainable hydropower potential on Federal water resource projects. The Department of the Interior (Interior), in consultation with the Department of Energy, Western Area Power Administration (Western), will consider proposals for non-Federal development of hydroelectric power at the Spanish Fork Flow Control Structures of the Central Utah Project (CUP). Interior 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 CUP is a Federal Bureau of Reclamation (Reclamation) project under the administration of the Assistant Secretary for Water and Science. This notice presents background information, proposal content guidelines, and information concerning selection of a non-Federal entity to develop hydroelectric power at the Spanish Fork Flow Control Structure, and power purchasing and/or marketing considerations. Interested entities are invited to submit a proposal for hydroelectric power development at the Spanish Fork Flow Control Structure site for consideration by Interior. SUMMARY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 A written proposal and seven copies must be submitted on or before 5 p.m. (MST), on October 14, 2011. A proposal will be considered timely only if it is received in the office of the Program Director 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 and seven copies to Mr. Reed R. Murray, Program Director, Central Utah Project Completion Act, Department of the Interior, 302 East 1860 South, Provo, UT 84606–7317. Requests for technical data should also be sent to Mr. Murray. Any release of such data will be subject to applicable Homeland Security laws and policy. A copy of the proposal should also be sent to Ms. LaVerne Kyriss, CRSP Manager, Western Area Power Administration, 150 Social Hall Avenue, Suite 300, Salt Lake City, UT 84111–1580. Information related to Western’s purchasing and/or marketing the power may also be obtained from Ms. Kyriss at the address above, or by calling (801) 524–6372. Information related to the operation and maintenance of the Spanish Fork Flow Control Structure may be obtained from Mr. Rich Tullis, Central Utah Water Conservancy District, 355 West University Parkway, Orem, UT 84058– 7303; or by calling (801) 226–7122. FOR FURTHER INFORMATION CONTACT: Mr. Lynn Hansen, (801) 379–1238. SUPPLEMENTARY INFORMATION: Background Information: The CUP, Bonneville Unit, located in northern Utah, was originally authorized for construction, including hydroelectric power, by the Colorado River Storage Project (CRSP) Act of April 11, 1956 (ch. 203, 70 Stat. 105) (CRSP Act). The Spanish Fork Flow Control Structure was constructed under the Central Utah Project Completion Act (CUPCA), comprised of Titles II–VI of the Act of October 30, 1992 (106 Stat. 4600, Pub. L. 102–575). CUPCA also authorized the construction of other features of the Bonneville Unit. Section 208 of CUPCA provides that power generation facilities associated with the CUP be developed and operated in accordance with the CRSP Act, which explicitly embodies all Reclamation law except as otherwise provided in the CRSP Act. Section 208 also specifies that water diverted for power purposes shall only be incidental DATES: E:\FR\FM\11MYN1.SGM 11MYN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Notices to the delivery of water for other authorized project purposes. The Central Utah Water Conservancy District (District), under its contracts with the United States and under CUPCA has certain responsibilities and obligations for the CUP and specifically for the Spanish Fork Flow Control Structure including operation, maintenance, replacement, and repayment. Interior, in consultation with Western, is considering hydroelectric power development at the Spanish Fork Flow Control Structure through 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 non-Federal 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, Section 5 of the Town Sites and Power Development Act of 1906 (43 U.S.C. 522) and Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) (1939 Act). Interior 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 Interior, upon completion of the NEPA process, determines that the affected hydroelectric power sites are environmentally acceptable. Any lease of power privilege at the Spanish Fork Flow Control Structure must accommodate existing contractual commitments related to operation and maintenance of such existing facilities. The potential lessee (i.e., successful proposing entity) would be required to coordinate with the District in the operation and maintenance of any proposed hydropower developments with existing project features. Western would have the first opportunity to purchase and/or market the power that would be generated under any lease of power privilege. Under this process, Western would either purchase and market the power as Salt Lake City Area—Integrated Projects (SLCA–IP) power or market the power independently by first offering it to preference entities and secondly to nonpreference entities. Western would have 60 days from the date of notification of selection of a potential 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 VerDate Mar<15>2010 17:18 May 10, 2011 Jkt 223001 lease of power privilege, including NEPA compliance 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 hydroelectric development, this amount will not be less than 3 mills per kilowatt-hour of generation. If conditions provide opportunity for substantial benefit 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. Interested Parties: Interior will be available to meet with interested entities only upon written request to the Program Director at the above address. Interior reserves the right to schedule a single meeting and/or visit to address at once the questions of all entities that have submitted questions or requested site visits. Western will also be available to meet with Interior and interested entities to discuss Western’s potential marketing of hydropower. Proposal Content Guidelines: Interested parties should submit a proposal explaining in as precise detail as is practicable how the hydropower potential at the site 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 9(c) of the Reclamation Project Act of 1939, as a municipality, public corporation or agency, or cooperative or other nonprofit organization financed in PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 27343 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. 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 $/megawatthour, including any variations in cost (on-peak, 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. Discuss any studies necessary to adequately define impacts on the CUP 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. E. Describe any contractual arrangements with the entity having operation and maintenance responsibility for the CUP feature(s) that E:\FR\FM\11MYN1.SGM 11MYN1 mstockstill on DSKH9S0YB1PROD with NOTICES 27344 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Notices are proposed for utilization in the hydropower development under consideration. Define how the hydropower development would operate in harmony with the CUP and existing applicable contracts related to operation and maintenance of CUP feature(s) being considered for modification. F. Identify plans for assuming liability for damage to the operational and structural integrity of the CUP caused by construction, operation, and/or maintenance of the hydropower development. G. Identify the organizational structure planned for the long-term operation and maintenance of any proposed hydropower development. H. 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. I. 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; lease payments to the United States; and expenses that may be associated with the CUP; 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 the Potential Lessee: Interior, in consultation with Western, will evaluate proposals received in response to this published notice. Interior 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 potential lessee. Interior will give more favorable consideration to proposals that (1) utilize water and natural resources in an environmentally and economically sound manner: (2) improve ecosystem function; (3) clearly demonstrate that the offeror is qualified to develop the VerDate Mar<15>2010 17:18 May 10, 2011 Jkt 223001 hydropower facility and provide for long-term operation and maintenance, and (4) 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 CUP purposes, as determined by Interior. Interior 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 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(s) of power privilege. Western will consult with Interior 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 potential lessee, the lessee(s) would be responsible for marketing the power generated by the project with priority given to preference PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 entities as heretofore defined in Proposal Content Guidelines, item A. Notice and Time Period to Enter Into Lease of Power Privilege: Interior will notify, in writing, all entities submitting proposals of Interior’s decision regarding selection of the potential lessee(s). The selected potential lessee(s) will have five years from the date of such notification to enter into a lease(s) of power privilege for the site or sites identified in the proposal. This period may only be extended by the United States in writing. Dated: May 4, 2011. Reed R. Murray, Program Director, Department of the Interior. [FR Doc. 2011–11525 Filed 5–10–11; 8:45 am] BILLING CODE 4310–MN–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–PWR–PWRO–0215–6786; 8381–1001– NZW] Water Resources Management Plan/ Environmental Impact Statement, Mojave National Preserve, San Bernardino County, CA National Park Service, Interior. Notice of Intent to Prepare a Water Resources Management Plan/ Environmental Impact Statement for Mojave National Preserve. AGENCY: ACTION: In accordance with § 102(2)(C) of the National Environmental Policy Act of 1969, Mojave National Preserve is initiating the conservation planning and environmental impact analysis process needed to inform preparation of a Water Resources Management Plan/ Environmental Impact Statement (WRMP/EIS). This plan is intended to guide future management of ground and surface water sources within Mojave National Preserve. Through this process the National Park Service (NPS) will identify and assess potential impacts of a range of alternatives to management of water resources. As part of the EIS process, the NPS will evaluate different approaches for water resources management to determine the potential impacts on land use, water quality, geology, biological and cultural resources, human health and safety, aesthetics, visitor experience, Wilderness, and other stewardship considerations. Mojave National Preserve (Preserve) is a 1.6 million-acre unit of the National Park System, established by Congress on October 31, 1994, by the California Desert Protection Act. The Act protected SUMMARY: E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Pages 27342-27344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11525]


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DEPARTMENT OF THE INTERIOR


Central Utah Project Completion Act; Notice of Intent To Accept 
Proposals, Select a Potential Lessee, and Contract for Hydroelectric 
Power Development at the Spanish Fork Flow Control Structure

AGENCY: Office of the Assistant Secretary--Water and Science, 
Department of the Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Current Federal policy encourages non-Federal development of 
environmentally sustainable hydropower potential on Federal water 
resource projects. The Department of the Interior (Interior), in 
consultation with the Department of Energy, Western Area Power 
Administration (Western), will consider proposals for non-Federal 
development of hydroelectric power at the Spanish Fork Flow Control 
Structures of the Central Utah Project (CUP). Interior 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 CUP is a Federal Bureau of Reclamation 
(Reclamation) project under the administration of the Assistant 
Secretary for Water and Science. This notice presents background 
information, proposal content guidelines, and information concerning 
selection of a non-Federal entity to develop hydroelectric power at the 
Spanish Fork Flow Control Structure, and power purchasing and/or 
marketing considerations. Interested entities are invited to submit a 
proposal for hydroelectric power development at the Spanish Fork Flow 
Control Structure site for consideration by Interior.

DATES: A written proposal and seven copies must be submitted on or 
before 5 p.m. (MST), on October 14, 2011. A proposal will be considered 
timely only if it is received in the office of the Program Director 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 and seven copies to Mr. Reed R. 
Murray, Program Director, Central Utah Project Completion Act, 
Department of the Interior, 302 East 1860 South, Provo, UT 84606-7317. 
Requests for technical data should also be sent to Mr. Murray. Any 
release of such data will be subject to applicable Homeland Security 
laws and policy.
    A copy of the proposal should also be sent to Ms. LaVerne Kyriss, 
CRSP Manager, Western Area Power Administration, 150 Social Hall 
Avenue, Suite 300, Salt Lake City, UT 84111-1580. Information related 
to Western's purchasing and/or marketing the power may also be obtained 
from Ms. Kyriss at the address above, or by calling (801) 524-6372.
    Information related to the operation and maintenance of the Spanish 
Fork Flow Control Structure may be obtained from Mr. Rich Tullis, 
Central Utah Water Conservancy District, 355 West University Parkway, 
Orem, UT 84058-7303; or by calling (801) 226-7122.

FOR FURTHER INFORMATION CONTACT: Mr. Lynn Hansen, (801) 379-1238.

SUPPLEMENTARY INFORMATION: 
    Background Information: The CUP, Bonneville Unit, located in 
northern Utah, was originally authorized for construction, including 
hydroelectric power, by the Colorado River Storage Project (CRSP) Act 
of April 11, 1956 (ch. 203, 70 Stat. 105) (CRSP Act). The Spanish Fork 
Flow Control Structure was constructed under the Central Utah Project 
Completion Act (CUPCA), comprised of Titles II-VI of the Act of October 
30, 1992 (106 Stat. 4600, Pub. L. 102-575). CUPCA also authorized the 
construction of other features of the Bonneville Unit. Section 208 of 
CUPCA provides that power generation facilities associated with the CUP 
be developed and operated in accordance with the CRSP Act, which 
explicitly embodies all Reclamation law except as otherwise provided in 
the CRSP Act. Section 208 also specifies that water diverted for power 
purposes shall only be incidental

[[Page 27343]]

to the delivery of water for other authorized project purposes. The 
Central Utah Water Conservancy District (District), under its contracts 
with the United States and under CUPCA has certain responsibilities and 
obligations for the CUP and specifically for the Spanish Fork Flow 
Control Structure including operation, maintenance, replacement, and 
repayment.
    Interior, in consultation with Western, is considering 
hydroelectric power development at the Spanish Fork Flow Control 
Structure through 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 non-
Federal 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, Section 5 of the Town Sites and Power Development Act of 
1906 (43 U.S.C. 522) and Section 9(c) of the Reclamation Project Act of 
1939 (43 U.S.C. 485h(c)) (1939 Act). Interior 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 
Interior, upon completion of the NEPA process, determines that the 
affected hydroelectric power sites are environmentally acceptable. Any 
lease of power privilege at the Spanish Fork Flow Control Structure 
must accommodate existing contractual commitments related to operation 
and maintenance of such existing facilities. The potential lessee 
(i.e., successful proposing entity) would be required to coordinate 
with the District in the operation and maintenance of any proposed 
hydropower developments with existing project features.
    Western would have the first opportunity to purchase and/or market 
the power that would be generated under any lease of power privilege. 
Under this process, Western would either purchase and market the power 
as Salt Lake City Area--Integrated Projects (SLCA-IP) power or market 
the power independently by first offering it to preference entities and 
secondly to non-preference entities. Western would have 60 days from 
the date of notification of selection of a potential 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 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 hydroelectric development, this amount will not be less than 3 
mills per kilowatt-hour of generation. If conditions provide 
opportunity for substantial benefit 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.
    Interested Parties: Interior will be available to meet with 
interested entities only upon written request to the Program Director 
at the above address. Interior reserves the right to schedule a single 
meeting and/or visit to address at once the questions of all entities 
that have submitted questions or requested site visits. Western will 
also be available to meet with Interior and interested entities to 
discuss Western's potential marketing of hydropower.
    Proposal Content Guidelines: Interested parties should submit a 
proposal explaining in as precise detail as is practicable how the 
hydropower potential at the site 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 9(c) of the Reclamation Project 
Act of 1939, 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. 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 (on-peak, 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 volt-ampere 
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. Discuss any studies necessary to adequately define impacts on 
the CUP 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.
    E. Describe any contractual arrangements with the entity having 
operation and maintenance responsibility for the CUP feature(s) that

[[Page 27344]]

are proposed for utilization in the hydropower development under 
consideration. Define how the hydropower development would operate in 
harmony with the CUP and existing applicable contracts related to 
operation and maintenance of CUP feature(s) being considered for 
modification.
    F. Identify plans for assuming liability for damage to the 
operational and structural integrity of the CUP caused by construction, 
operation, and/or maintenance of the hydropower development.
    G. Identify the organizational structure planned for the long-term 
operation and maintenance of any proposed hydropower development.
    H. 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.
    I. 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; 
lease payments to the United States; and expenses that may be 
associated with the CUP; 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 the Potential Lessee: Interior, in consultation with 
Western, will evaluate proposals received in response to this published 
notice. Interior 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 potential lessee.
    Interior will give more favorable consideration to proposals that 
(1) utilize water and natural resources in an environmentally and 
economically sound manner: (2) improve ecosystem function; (3) clearly 
demonstrate that the offeror is qualified to develop the hydropower 
facility and provide for long-term operation and maintenance, and (4) 
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 CUP 
purposes, as determined by Interior. Interior 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 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 non-preference 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(s) of power privilege. 
Western will consult with Interior 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 non-preference 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 potential lessee, 
the lessee(s) 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: 
Interior will notify, in writing, all entities submitting proposals of 
Interior's decision regarding selection of the potential lessee(s). The 
selected potential lessee(s) will have five years from the date of such 
notification to enter into a lease(s) of power privilege for the site 
or sites identified in the proposal. This period may only be extended 
by the United States in writing.

    Dated: May 4, 2011.
Reed R. Murray,
Program Director, Department of the Interior.
[FR Doc. 2011-11525 Filed 5-10-11; 8:45 am]
BILLING CODE 4310-MN-P
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