Revised Approach No. 3: 



State/Tribal/Federal Council with Endangered Species Act 



and Northwest Power Act Responsibility 



Summary : The federal, state and tribal sovereigns acting together would create a 

 decision-making forum to make decisions under the Northwest Power Act and the Endangered 

 Species Act regarding fish and wildlife affected by hydropower facilities in the Columbia River 

 Basin. No changes in existing legislation would be required. This forum would manage the 

 Bonneville and federally appropriated fish and wildlife funds and provide an accounung of all 

 funds - federal, state and tribal -- expended for fish and wildlife in the Basin. Decisions would 

 be made on a consensus basis, using a dispute resolution process when consensus cannot be 

 reached. In the longer term, if necessary. Congressional legislation could supplant the 

 Northwest Power Planning Council and federal decision making entities with a broad 

 state/tribal/federal council having these responsibilities. (See the attached figure.) 



Analysis : 



Short-term/no legislation. Without the need for legislation, all the sovereign 

 entities in the Columbia River Basin develop and participate in a single, consensus decision 

 making forum to make all necessary decisions under the Northwest Power Act and the 

 Endangered Species Act regarding fish and wildlife in the Columbia River Basin. Existing 

 authorities would not be altered, which means that the decisions of this combined-sovereign 

 forum would have to be consistent, where relevant, with the Northwest Power Act, the 

 Endangered Species Act, the National Environmental Policy Act, other Congressional 

 authorizations and obligations, tribal treaty rights, the Pacific Salmon treaty, and appropriate 

 state statutes. The Northwest Power Planning Council, the National Marine Fisheries Service, 

 the U.S. Fish and Wildlife Service, Bonneville, and other federal and state agencies would defer 

 to the decisions of the combined-sovereign forum when exercising these authorities, insofar as 

 legally permissible. Memoranda of agreement and state and federal executive orders would 

 probably be necessary to allow for this type of decision making structure. Canadian interests 

 would be represented through formal consultation procedures or through the establishment of an 

 ex-officio, non-vofing, membership. 



The combined-sovereign forum would integrate existing fish and wildlife plans into a 

 single regional restoration plan, and then oversee the implementation of that plan. This would 

 include managing and accounting for Bonneville's fish and wildlife funds and the funds 

 federally appropriated for fish and wildlife in the Basin. In the short-term, financing would be 

 shared between hydropower revenues and federal appropriations in the same proponion as 

 currently exists. The forum would also track and account for all funds expended in the Basin for 

 fish and wildlife, even state and tribal funds not managed directly by the forum, and would 

 conduct a yearly performance audit, to be made public, which would review the decision 

 processes, implementation and biological results. Independent scientific review of policy, 

 research and monitoring and evaluation would be provided as under the current fish and wildlife 

 programs. 



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