CHRONOLOGY: ELWHA RIVER DAMS 1910- Olympic Power Company starts construction on Elwha Dam at river mile 4.9. 1911- County game warden is alarmed that there are no fish above the damsite and that spawners are milling around in stream reach below the blockage. October 31, 1912- Elwha Dam foundation blows out during filling of the reservoir. 1914- Elwha Dam is completed by trial-and-error using fill dynamited and hauled into the breach created by the blowout. There are no fish passage facilities. August 1914- Olympic Power Company signs an agreement with the State under which it contributes land and $2500 for construction of an Elwha hatchery. 1914-1919- The fill is sealed by various means to prevent leakage. 1915- The State Department of Fisheries commences hatchery operations. 1919- Crown Zellerbach Company buys Elwha Dam. 1922- Elwha hatchery abandoned because of lack of returning brood stock. Flow fluctuation may be a major cause. 1925-1927- Northwestern Power and Light Company constructs Glines Canyon Dam at river mile 13.5, also without fish passage facilities. June 6, 1926- Federal Power Commission (now FERC) issues a 50-year license for Glines Project. 1936- Crown Zellerbach purchases Glines Project. June 1938- Congress creates Olympic National Park, the boundaries of which encompass Glines Dam and reservoir. There is no provision in the legislation for the Glines Project. July 22, 1968- Crown Zellerbach applies for FPC license for Elwha Dam under a jurisdiction that is subsequently overruled. June 1, 1973- FPC dockets application for relicensing of Glines Project. April 1975- Crown Zellerbach and the State Department of Fisheries reach agreement on fisheries mitigation: CZ pays 26% ($145,000) for a spawning channel and agrees to regulate flows. The facility mitigates about 10% of the total loss and does not compensate for the river's two major runs. March 16, 1979- FERC affirms Administrative Law Judge's Initial Decision finding jurisdiction over Elwha Dam and orders submission of a schedule for rehabilitation and strengthening of the structure as well as emergency action procedures. May 23, 1979- Crown Zellerbach files amended FERC application for license for Elwha Dam. May 12, 1980- FERC accepts for filing updated license application for Elwha. January 1986: The Elwha Tribe files a motion before FERC asking for an interim fish restoration plan and an order providing for phaseout and removal of the two dams. February 13, 1986- Department of Interior comments on licensing for Glines and Elwha Dams point out that FERC lacks jurisdiction over the Glines Project and suggest a solution, ask for fish and wildlife studies and restoration measures, and propose other action. April 1986: National Marine Fisheries Service intervenes before FERC and seeks resolution of fisheries issues. May 15, 1986- Seattle Audubon Society, Friends of the Earth, Sierra Club and Olympic Park Associates intervene in FERC proceedings and request removal of the dams. December 15, 1986- FERC staff visits site to review the status of information on both Elwha and Glines Canyon projects and gives agencies opportunity to comment regarding the need for additional information. February 17, 1987- Fisheries agencies and Tribe move that FERC ask Crown Zellerbach for additional data and consider interim relief. March 1987- CZ's response. May 1987- CZ responds to March 1987, FERC request for data. May 1987- FERC asks for additional data. (Pleadings are exchanged with growing frequency; not all are listed here.) August 1987- Western Pulp and Paper Workers intervene. August 17, 1987- Joint Fisheries Agencies supplemental motion for interim relief. September 1987- CZ's response. November 30, 1987- CZ changes name to James River Corporation of Nevada. March 25, 1988- Environmental intervenors file petition for declatory order finding that Glines cannot be relicensed by the FERC because it does not have jurisdiction. May 31, 1988- James River's II (JR) initial response to May 1987, request for additional information. June 1, 1988- Fisheries agencies ask FERC for information on Daishowa purchase of JR. August 29, 1988- Fisheries agencies comments on May 31, 1988, response to request for additional information. October 28, 1988- Fisheries agencies Supplemental Petition Regarding Application and Information Deficiencies. December 1988- JR's supplemental response to May 1987, request for additional information. January 13, 1989- Fisheries agencies comments on supplemental response to request for additional information. January 26, 1989- National Marine Fisheries Services requests, for the Joint Fish and Wildlife Agencies, the FERC begin development of EIS. February 1989- Tribe's comments on cultural resources portions of May and December 1988, response to May 1987, request for additional information. March 21, 1989- National Marine Fisheries Service files study evaluating scope of dam removal/fish restoration on both projects. March 24, 1989- Lower Elwha Tribal Council files comments regarding James River II's response to information request. April 14, 1989- Joint Fish and Wildlife Agencies provide proposed EIS outline. May 3, 1989- Friends of the Earth, for the Conservation Intervenors, submits comments on the Joint Fish and Wildlife Agencies March 21, 1989 filing, May 17, 1989- FERC staff meets in Port Angeles, Washington with the National Park Service concerning the NEPA process and Glines jurisdictional issue. June 1, 1989- FERC staff meets in Washington, D.C. with the staff of National Park Service concerning NEPA process and Glines jurisdictional issue. June 7, 1989- FERC issues notice of June 26, 1989 technical meeting in Seattle and June 27, 1989 public meetings in Sequim, Washington, on both projects. June 12, 1989- Representative John Dingell request General Accounting Office conduct an investigation regarding legal issues or project relicensing and dam removal. June 26, 1989- FERC staff conducts technical meeting in Seattle, Washington, and public meeting in Sequim, Washington, to discuss the status of projects, explore alternatives to be assessed in EIS, and define additional information requirements. June 27, 1989- Joint Fish and Wildlife Agencies file supplemental petition regarding remaining information deficiencies on both projects. July 24, 1989- Washington Department of Wildlife submits comments on alternatives review and additional study needs necessary to complete EIS. July 31, 1989- National Marine Fisheries Service submits comments on alternatives review and additional study needs necessary to complete EIS. August 24, 1989- FERC responds to Representative John Dingell. August 29, 1989- Representative John Dingell requests additional information regarding relicensing of Glines Dam. October 12, 1989- Joint Fish and Wildlife Agencies file supplemental petition for interim relief for fish and wildlife. October 17, 1989- Conservation intervenors file petition for interim relief. October 24, 1989- FERC staff conducts technical meetings in Seattle on 1989 interim mitigation measures and established December 18 and 19 as the dates for further meetings to resolve interim mitigation issues. December 18, 1989- FERC staff conducts a second round of meetings to resolve interim mitigation measures. December 20, 1989- EIS scoping meetings held in Port Angeles and Seatt February 1990- General Accounting Office determines that FERC does not have authority to license the Glines Canyon Project, it being within the boundaries of Olympic National Park. May 10, 1990- Trout Unlimited granted intervenor status in Elwha proceedings. May 24, 1990- Conservation Intervenors file a request that FERC rule on their March 25, 1988 petition. July 16, 1990- Department of the Interior files a Motion to File Late Intervention Motion to Intervene, and Petition for Declatory Order that FERC does not have authority to license the Glines Canyon Project. October 19, 1990- FERC issues order denying petitions seeking an order that FERC lacks jurisdiction to license the Glines Canyon Project. November 16, 1990- Department of the Interior, National Marine Fisheries Service, and Tribe file requests for rehearing of FERC's October 19, 1990 order. November 19, 1990- Conservation Intervenors file request for rehearing of FERC's October 19, 1990 order. December 4, 1990- FERC denies Department of the Interior's request for rehearing stating that the request was received one day late. December 17, 1990- National Marine Fisheries Service and Tribe file supplement to November 16, 1990 request for reconsideration incorporating Department of the Interior's request for reconsideration. December 19, 1990- FERC grants rehearing of October 19, 1990 order "for purpose of further consideration." February 1991- FERC releases Draft Environmental Impact Statement concluding that (10) dam removal is feasible, (2) only dam removal will result in the full restoration of the Elwha River ecosystem and anadromous fish, and (3) the cost of power produced by dam retention would equal or exceed the cost of power from the Bonneville Power Administration. March 27, 1991- General Accounting Office concludes that "dam removal offers the best prospects for fish restoration" and decides that the selection of an alternative is essentially a public policy decision. April 5, 1991- FERC issues order denying requests for rehearing and reconsideration of its October 19, 1990 order claiming jurisdiction over the Glines Canyon Project. April 22, 1991- Pacific Fishery Management Council commented that only dam removal would provide restoration of anadromous fish at levels that would support increased recreational and commercial fishing and requested FERC consult with the Council. May 31, 1991- Conservation Intervenors and Tribe file Petition for Review with Ninth Circuit for court review of FERC orders exerting licensing jurisdiction over Glines Canyon Project within Olympic National Park. June 4, 1991- Department of Justice, on behalf of the Department of Commerce and Department of the Interior, files Petition for Judicial Review of FERC's October 19, 1990 and April 5, 1991 orders. June 27, 1991- Ten additional conservation organizations file motion for intervention. June 28, 1991- In a letter to the Department of Justice, Department of Energy recommends that Petition filed with Ninth Circuit be dismissed citing agreement with FERC's position that it has authority to license the Glines Canyon Project. August 6, 1991- Pacific Fishery Management Council requested a response to its April 22, 1991 letter. November 13, 1991- FERC requested information from the Joint Fish and Wildlife Agencies, including fish restoration and harvest management plans and provided less than 30 days for a response. December 13, 1991- National Marine Fisheries Service questioned assumptions contained in FERC's November 13, 1991 request for information but agreed with the FERC assessment that much information is needed. However, National Marines Fisheries noted that FERC had not ordered the studies requested by the Joint Fish and Wildlife Agencies that would have provided that information. January 23, 1992- FERC claims that National Marine Fisheries Service December 13, 1991 response is "irresponsible." January 31, 1992- IT Rayonier, Inc filed motion for late intervention. February 24, 1992- Congressman Dingell requests that FERC explain the basis of a dispute over information requested by FERC from the National Marine Fisheries Service. March 5, 1992- City of Port Angeles filed motion for late intervention. March 11, 1992- National Marine Fisheries Service documented information currently available that would assist FERC in its efforts and listed studies requested by the Joint Fish and Wildlife Agencies that FERC had not ordered. April 7, 1992- FERC responds to Congressman Dingell's February 24, 1992, letter asking for clarification of a dispute over information requested by FERC from the National Marine Fisheries Service. June 2, 1992- Congressman Dingell characterizes FERC's April 7, 1992 response as inadequate. June 5, 1992- General Accounting Office concluded that who should pay for dam removal is undecided, although the dam owner could be required to bear the cost if the dams are unlicensed. August 10, 1992- FERC responds to Congressman Dingell's letter of June 2, 1992. October 24, 1992- President Bush signs the Elwha River Ecosystem and Fisheries Restoration Act as Public 102-495, staying the FERC licensing process. October 27, 1992- James River II, Inc. requests license transfer to James River Paper Company Inc. November 18, 1992- Conservation Intervenors file motion for FERC to stay its licensing proceedings citing Public Law 102-495. December 22, 1992- FERC issues order approving transfer of Glines Canyon annual license from James River II, Inc. to James River Paper Company, Inc. December 23, 1992- Joint Motion by Olympic Park Associates, Friends of the Earth, Seattle Audubon Society, Sierra Club, Department of Commerce, Lower Elwha Klallam Tribe, FERC and James River requesting Ninth Circuit issue stay of jurisdiction case. February 1, 1993- Ninth Circuit granted stay of jurisdiction case. August 4, 1995- First Final Environmental Impact Statement (EIS) released in favor of dam removal. February 26, 1996- Record of Decision (ROD) signed in favor of dam removal. November 22, 1996- Second Final Environmental Impact Statement (EIS) released choosing a preferred method of dam removal. December 23, 1996- Record of Decision (ROD) signed choosing the preferred method of dam removal. January 15, 2002- Annual Funding Agreement signes between Lower Elwha Klallam Tribe & Nantion Park Services 2002- Modification1 to the 2002 Annual Funding Agreement signed December 12, 2002- Modicication 2 to the 2002 Annual Funding Agreement signed July 9, 2003- Modification 3 to the 2002 Annual FUnding Agreement signed July 28, 2003- 2004 Annual Funding Agreement signed. |