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mandate bureaucratically by creating a sizable fish and wildlife 

 staff. 



Even though BPA has a clear legal mandate to provide for both 

 fish and power, it has proven difficult to hold it accountable for 

 its fisheries obligations. BPA has a fundamental institutional 

 bias favoring power operations, power marketing, and its customers' 

 interests. Key policy decisions are made in consultation with its 

 customers, while fishery interests are largely left to BPA's public 

 involvement process. 



Today, the future of the Columbia Basin remains a study in 

 confusion and conflict. Fishery agencies, Indian tribes, fishing 

 groups, and environmental groups are in court challenging the 

 operation of the hydrosystem. This is not the best way to proceed, 

 but it is the only way that is now available. There is no 

 negotiating table or forum where fishery interests can resolve 

 their concerns for adequate fish flows and other measures outside 

 of the courts. 



Against this backdrop, we are faced with the possibility of 

 a major change in BPA's legal status, as the BPA Competitiveness 

 Project has recommended that BPA be restructured as a government 

 corporation. Given the unresolved nature of BPA's fishery 

 responsibilities, American Rivers cannot support a proposal to 

 convert BPA into a government corporation at this time. Many 

 questions related to this restructuring are still unanswered. We 

 are not yet convinced either that BPA requires formal corporate 

 status to become more efficient, or that equitable treatment of 

 fisheries will be assured if BPA is accorded greater independence 

 from government oversight. 



Our concern for equitable treatment of fisheries is not an 

 academic one; it cannot be addressed merely by stating that BPA 

 will comply with applicable environmental laws. Our concern is an 

 institutional one, based on past experience. Will BPA, as a 

 corporation, be more or less likely to follow through on its fish 

 and power responsibilities? The current conflict over fish and 

 power is cause for concern. Equitable treatment, first mandated 

 thirteen years ago, is still a goal rather than a reality. 



American Rivers recommends that BPA take the following steps 

 to provide equitable treatment of fisheries before proceeding 

 further with consideration of restructuring: 



* Accept its fish and wildlife responsibilities as a 

 fundamental cost of doing business for the power system. 



* Negotiate and achieve a formal settlement of pending 

 Columbia Basin fish flow and passage disputes. 



