ALBANY, NY 12231-0001


February 17, 2006






Mr. John L. Osinski

Executive Director Regulatory Affairs

New York Power Authority

30 South Pearl Street

Albany, New York 12207-3425


Re:         F-2005-0935

Federal Energy Regulatory Commission - FERC #2216

Niagara Power Project

Towns of Niagara and Lewiston Niagara County

Concurrence with Consistency Certification


Dear Mr. Osinski:

The Department of State has completed its review of your consistency certification regarding the consistency of the above-referenced activity with the New York Coastal Management Program.

Pursuant to 15 CFR Part 930.62, and based upon the project information submitted, the Department of State concurs with your consistency certification for this activity, subject to the following agreed-upon conditions:

Section 4.1.1 of the Relicensing Settlement Agreement Addressing New License Terms and Conditions (including Proposed License Articles) dated July 18, 2005 establishes an Ecological Standing Committee (ESC) to oversee the development of Habitat Improvement Projects (HIPS), as well as to approve projects to be funded by the Fish and Wildlife Habitat Enhancement and Restoration Fund (HERF). The Department of State is to have a representative on the ESC 10 participate in the oversight of these activities to ensure activities comply and are undertaken in a manner consistent with the New York Coastal Management Program as implemented.

This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required pursuant to existing State statutes.




Sally Ball

Deputy Director

Division of Coastal Resources

cc:          FERC: Magali R. Salas