Biological Opinions - Bureau of Reclamation

11.3.8.3 Klamath Hydroelectric Settlement Agreement
Beginning in 2005, negotiations by a diverse group of stakeholders, including federal agencies,
the States of California and Oregon, Indian tribes, counties, agricultural organizations, and
conservation and fishing groups led to the Klamath Hydroelectric Settlement Agreement
(KHSA) and the associated Klamath Basin Restoration Agreement (KBRA). Both the KHSA
and KBRA were signed in February 2010 5 . The KHSA provides a process for the Secretary of
the Interior to make a determination (Secretarial Determination) whether removal of the Four
Facilities on the Klamath River (i.e., Iron Gate, Copco 1 and 2, and J.C. Boyle dams) will 1)
advance restoration of the salmonid fisheries of the Klamath Basin, and 2) is in the public
interest, which includes but is not limited to consideration of potential impacts on affected local
communities and Tribes. The KHSA provides for the abeyance of the FERC relicensing process
pending the outcome of the Secretarial Determination and other contingencies related to removal
of the Four Facilities. If the Secretarial Determination is affirmative, then removal of the Four
Facilities is expected to proceed in 2020.
In November 2012, the Services prepared a preliminary BiOp on the prospective action of
removing the Four Facilities on the Klamath River (NMFS and USFWS 2012). The Services did
not analyze the effects of the KBRA in the preliminary BiOp because details on the KBRA
programs were not sufficient for the Services to assess their impacts on listed species at that
time. The KHSA requires certain conditions to be met before the Secretarial Determination is
made, including enactment of Federal authorizing legislation. Currently, Federal authorizing
legislation has not been enacted for the KHSA and KBRA. The Services will finalize the BiOp
on the removal of the Four Facilities at the appropriate time if the preconditions for a Secretarial
Determination are met and the Secretarial Determination is affirmative.
11.3.8.4 PacifiCorp Habitat Conservation Plan
Covered activities under the PacifiCorp habitat conservation plan (HCP) and associated
incidental take permit under ESA section 11(a)(1)(B) include activities that are necessary to
operate and maintain the Klamath hydroelectric facilities during the next nine years prior to the
removal of these hydroelectric facilities if the Secretarial Determination under the KHSA is
affirmative, or prior to implementation of mandatory fishways that would be required under any
new license for the Klamath Hydroelectric Project if the Secretarial Determination is negative or
the Klamath Hydroelectric Settlement Agreement is terminated for any other reason.
Hydroelectric generation is the primary activity conducted at Klamath Hydroelectric Project
facilities, with the exception of the Keno development, which does not include power-generating
equipment. Many of these activities are governed by the existing FERC license or agreements
with other entities (e.g., Reclamation), or through voluntary commitments from PacifiCorp.
Detailed information on habitat conservation plan’s covered activities can be found in Chapter 2
of the PacifiCorp habitat conservation plan (PacifiCorp 2012a).
5 Note that the Federal agencies did not sign the KBRA.
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