Compliance With CEQA

As an integral part of the Commission's decision-making process, the Scoping Memo Ruling directed PacifiCorp to submit sufficient evidence that would enable the Commission to comply with CEQA. We are guided by § 21080(b)(14) of the Public Resources Code, which exempts the Commission from acting as a Responsible Agency under CEQA if certain conditions are met. CEQA does not apply to any project or portion thereof located outside of California¹¹ that is subject to an environmental impact review pursuant to the National Environmental Policy Act of 1969 (NEPA) or pursuant to a law of that state requiring preparation of a document containing essentially the same points of analysis as in an Environmental Impact Statement prepared under NEPA.

Pursuant to NEPA, Reclamation prepared a programmatic environmental impact statement (PEIS) to implement the provisions of the legislation authorizing the Yakima River Basin Water Enhancement Project (Enhancement Project). The purpose of the Enhancement Project was to meet the competing needs of the Yakima River basin through improved water conservation and management, and other appropriate means.

PacifiCorp provided a copy of the Finding of No Significant Impact and Final Environmental Assessment Wapatox Project¹² dated December 31, 2002, that was prepared by the U.S. Bureau of Reclamation.¹³ The Finding of No Significant Impact (FONSI) concluded that the preferred alternative, to purchase the water rights and land of the Naches Project, would have no significant (negative) impacts.

The proposed action would provide needed benefits to instream resources, especially aquatic species listed under ESA [Endangered Species Act]. This would be a positive step in providing for Indian Trust Assets (ITAs). The action would not affect environmental justice or sacred sites. PacifiCorp will undertake hazardous materials remediation prior to the purchase. Documentation, as required under the National Historic Preservation Act (NHPA), would provide valuable historic information on the Wapatox power system.

Based on a thorough review of the comments received, analysis of the environmental impacts as presented in the final EA [Environmental Assessment], EAS Section 7, consultation, coordination with the YN [Yakima Nation] and implementation of all environmental commitments identified in the final EA, Reclamation has concluded that the implementation of the recommended action would have no significant impacts on the quality of human environment or the natural resources of the area. This finding of No Significant Impacts has therefore been prepared and submitted to document environmental review and evaluation in compliance with the National Policy Act of 1969. (Page 4, mimeo.)

In determining whether the NEPA requirement was met for the purpose of an exemption under § 21080(b)(14), we have reviewed the FONSI and find that it is adequate to demonstrate NEPA compliance. Accordingly, pursuant to § 21080(b)(14) CEQA does not apply to this application.