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4 Endangered Species Tech. Bull. 1 (1979)

handle is hein.animal/endanspb0004 and id is 1 raw text is: 



January  1979, Vol. IV, No. I


  COMMITTEE EXEMPTS GRAYROCKS;

DENIES EXEMPTION FOR TELLICO DAM


   In the first session of its kind, the
 newly  created Endangered   Species
 Committee  met  on January  23  and
 voted to deny an exemption for TVA's
 nearly completed Tellico dam  while
 conditionally exempting the Grayrocks
 project from compliance with Section
 7 of the Endangered Species Act.
   Established through recent amend-
 ments to the 1973 Act  (see October
 1978  BULLETIN),  the  cabinet-level
 Committee  was directed to consider
 exempting the two  projects, thereby
Iruling on the fate of the Endangered
species with which they conflict.
   As defined by the new law, Interior
 Secretary Andrus serves as Committee
 chairman, with five additional voting
 (permanent) members  and one collec-
 tive vote cast by the State represen-
 tative(s) for the affected States(s).
 Agriculture Secretary Bergland, Army
 Secretary Alexander, Council of Eco-


nomic  Advisors  Chairman  Schultze,
Environmental Protection Agency Ad-
ministrator Costle, and National Oce-
anic and  Atmospheric Administration
Administrator Frank attended the meet-
ing along with Secretary Andrus, all
voting in person as  required by the
amendments.  Wyoming's  Governor Ed
Herschler  and Nebraska's  Assistant
State Attorney General, Paul Snyder,
shared the vote on  Grayrocks, while
William R. Willis, Jr., voted for Ten-
nessee on the Tellico exemption.
  As expressly mandated  by the 1978
amendments, Committee members
were to exempt the Tellico and Gray-
rocks projects only if they determine
that (1) there are no reasonable and
prudent  alternatives to the projects
and  (2) the benefits of the projects
clearly outweigh the benefits of alter-
native courses  of action consistent
with conserving the affected species


or their Critical Habitats, and the proj-
ects are in the public interest.
  In the case of the Tellico project, the
unanimous  decision by the Committee
essentially stops completion of  the
dam  and reservoir, which would have
impounded  the Critical Habitat of the
snail darter (Percina tanasi) along the
Little Tennessee River. In motioning
for a Committee vote denying exemp-
tion for the dam,  Charles  Schultze
questioned  the cost-effectiveness of
the Tellico project, saying the costs
clearly outweigh the benefits. It would
be difficult to say there are no reason-
able and  prudent alternatives to this
project, Schultze added.
  A  December  1978 TVA  report puts
forth two alternatives: (1) developing
the reservoir and (2) removing part of
the dam  and developing the river. In
its Views and Recommendations, In-
                Continued on page 6


Secretary Andrus (center) chaired the first session of the cabinet-level Endangered Species Committee on January 23.


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