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Case Digest Fall
2003 Arizona: Surrender of the Childs
Irving Hydroelectric Project License, Yavapai and Gila Counties
Arizona: Surrender of the Childs Irving Hydroelectric Project License, Yavapai and Gila Counties
Agencies: Federal Energy Regulatory Commission and U.S. Forest Service
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In this case, the license-holder of a National Register-listed hydroelectric project negotiated a settlement agreement with several environmental groups to tear down the facilities and restore the land to its natural environment. The facilities, known as the Childs Irving Project, were built in the early 20th-century and designated a National Historical Mechanical Engineering Landmark. The settlement agreement was submitted to the Federal Energy Regulatory Commission as part of the licensee’s application to surrender its license to operate the project. The U.S. Forest Service, which administers the lands occupied by the historic plants, and the Arizona State Historic Preservation Officer expressed concern about the properties’ removal. In a stunning reversal following Section 106 negotiations, the plant’s license-holder agreed to allow the Forest Service to manage the remaining historic property and use it to teach the public about the history of hydroelectric development in Fossil Creek. |
In 2000, an electric company, the Arizona Public Service Company, entered into a settlement agreement with six environmental groups to surrender its license for the Childs Irving Project and demolish the facilities to restore the land to theYavapai and Gila Counties in Arizona.
Irving Hydroelectric Plant, Yavapai and Gila Counties, AZ (photo courtesy of Phil Smithers, Arizona Public Service Company)
The property, which includes two hydroelectric plants completed in 1920, is listed in the National Register of Historic Places and has been designated a National Historical Mechanical Engineering Landmark by the American Society of Mechanical Engineers. The elements that contribute to the historic system include portions of both flumes, both hydroelectric plants, and several peripheral buildings.
The property is located within the Coconino and Tonto National Forests. The U.S. Forest Service, which administers the land, and the Arizona State Historic Preservation Officer opposed the removal of the historic facilities and were invited to participate in consultation during the settlement discussions.
The Federal Energy Regulatory Commission (FERC), which is responsible for initiating Section 106 consultation for a license surrender, did not do so until the proposed terms of the license surrender—and facilities removal—had been agreed upon by the electric company and environmental groups.
In April 2003, FERC notified the ACHP of the adverse effects of the proposed demolition on the plants. The ACHP became a consulting party to the case and advised FERC that more consultation was needed to address concerns parties had with the settlement agreement.
In September 2003, several consulting parties met to discuss which facilities should be kept for public interpretation. The electric company provided them with a draft Historic Properties Management Plan (HPMP), with which the ACHP generally concurred.
The proposed measures to mitigate the adverse effects of the plan on the historic property include documenting it through the Historic American Engineering Record, retaining the Childs Plant and several of its facilities, and removing the Irving Plant and facilities. The Forest Service will manage the remaining facilities for public interpretation. A Memorandum of Agreement will be executed by the consulting parties and will include a final HPMP.
Staff contact: Carol Legard
Posted October 28, 2003
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