adopted by the Council on August 

 10, 1988, and subsequently. For each 

 river reach listed on the Protected 

 Areas List, the fish and wildlife to be 

 protected are those on the list. The 

 Council will supply a copy ofthc 

 Protected Areas List to any party free 

 of charge. 



Protect .\reas From New 

 Hydropovver Development 



The following are not affected by 

 protected areas: 



• Any hydroelectric facility or 

 its existing impoundment that 

 as of August 10, 1988. had 

 been licensed or exempted from 

 licensing by the Federal Energy 

 Regulatory Commission; 



• The relicensing of such hydro- 

 electric facility or its existing 

 impoundment; 



• Any modification of any existing 

 hydroelectric facility or its exist- 

 ing impoundment; and 



• Any addition of hydroelectric 

 generation facilities to a non- 

 hydroelectric dam or diversion 

 structure. 



• Transition projects: The Council 

 recognizes that there exist, as 

 of August 10, 1988, applications 

 for hydroelectric projects that 

 are in various stages of comple- 

 tion before the Federal Energy 

 Regulatory Commission. In 

 many cases the applicants have 

 made substantial investments 

 and have completed, or nearly 

 completed, agreements with all 

 interested parties, including 

 state fish and wildlife agencies. 

 Tiie C ouncil recognizes that 

 the Federal Energy Regulatory 

 Commission may be obligated 

 to complete its processes on 

 these applications, but expects 

 where possible that this measure 

 will be taken into account [o the 

 fullest extent practicable. 



The Council recognizes that 

 there may exist preliminary per- 

 mits or applications for licenses 

 or exemptions for hydroelectric 

 projects at sites that were not pre- 

 viously within protected areas, 

 but which may be included 

 within protected areas as a result 

 of amendments approved by the 

 Council. An important purpose of 

 protected areas is to encourage 

 developers to site projects out- 

 side protected areas. The Council 

 therefore exempts from the effect 

 of an amendment that designates 

 a previously unprotected area as 

 protected, any project for which 

 the developer had obtained a pre- 

 liminary pennit or filed an appli- 

 cation for license or exemption 

 prior to the date on which the 

 Council entered rulemaking on 

 the amendment. However, it is 

 the Council's intention that the 

 Federal Energy Regulatory Com- ] 

 mission give full consideration to 

 the protection offish and wildlife ' 

 resources located at these project 

 sites and provide suitable pro- 

 tection and mitigation for such 

 resources in the event that a 

 license or exemption is approved. 



Effect on water rights and ripar- 

 ian areas: This measure should 

 not be interpreted to authorize 

 the appropriation of water by any 

 entity or individual, affect water 

 rights or jurisdiction over water, 

 or alter or establish any water 

 or water-related right. The Coun- 

 cil does not intend this measure 

 to alter or affect any state or fed- 

 eral water quality classification 

 or standards, or alter any man- 

 agement plan developed pursuant 

 to the national Forest Manage- 

 ment Act, 16U.S.C. 1601, et 

 scq., or the Federal Land Policy 

 Management Act, 43 U.S.C. 

 1 70 1 , et seq., except to the extent 

 planning decisions arc directly 

 related to hydropower licensing 

 and development. Nor should this 

 measure be interpreted to alter, 

 amend, repeal, interpret, modify, 

 or conflict with any interstate 



compact made by the states. If 

 this measure is found by a court 

 or other competent authority to 

 conflict with any other interstate 

 compact, this measure will ter- 

 minate with respect to the area 

 involved, without further action 

 of the Council. 



This measure applies to river 

 reaches, or portions of river 

 reaches, and to river banks or 

 surrounding areas only where 

 such areas would be directly 

 affected by a proposed hydro- 

 electric project. In adopting this 

 measure, the Council has not 

 attempted to balance all the fac- 

 tors that may be relevant to land 

 management determinations. 



Bonneville Power Administration 



Do not acquire power from hydro- 

 electric projects located in protected 

 areas. The Council believes that the 

 Long-Term Intertie Access Policy's 

 reliance on protected areas is consis- 

 tent with the Council's power plan 

 and fish and wildlife program as 

 they apply to fish and wildlife in the 

 Columbia River Basin. The Council 

 continues to recommend that Bonn- 

 eville adopt a similar policy with 

 respect to protected areas outside the 

 Columbia River Basin. 



Federal Energy Regulatory 

 Commission 



Under the Northwest Power Act, 

 the Federal Energy Regulatoi^ 

 Commission, and all other federal 

 agencies responsible for managing, 

 operating, or regulating federal or 

 non-federal hydroelectric facilities 

 located on the Columbia River or its 

 tributaries are required to take pro- 

 tected area designations into account 

 to the fullest extent practicable at 

 all relevant stages of decision-mak- 

 ing processes. The Council recog- 

 nizes that the Federal Energy Regu- 

 latoiy Commission makes licensing 

 and exemption decisions for nonfed- 

 eral projects, and docs not expect 



B-3 



2000 Columbia river Basin Fish and wildlife Program 



