plan into account to the fullest extent practicable). Without consistency the plan 

 may not achieve maximum effect because the Corps, National Marine Fisheries 

 Service, Bureau of Reclamation, Environmental Protection Agency, U. S. Fish and 

 Wildlife Service, and other agencies may exercise their respective authorities 

 independently of one another and of the Council's plan. A similar issue arises with 

 regard to state agencies. 



One way to address this problem is to require all federal agencies to be consistent 

 with the Council's fish and wildlife program. Section 4(h)( 1 1 )(A)(ii) of the Northwest 

 Power Act would be amended as follows: 



4(h)(ll )(A) The Administrator and all other Federal agencies respens+ble for 

 managing, operating, or regulating Federal or non - F e d e ral hydroelectric facilities 

 teeated o n t h e Golu mb ia- Kiv e r or it s-tri^taries-shall- 



4(h)(ll )(A)(i) exercise their responsibilities consistent with the purposes 

 of this Act and other applicable laws, to adequately protect, mitigate, and enhance 

 fish and wildlife, including related spawning grounds and habitat, affected by si+c+i 

 proj e cts or Federal or non-Federal hydroelectric facilities located on the 

 Columbia River or its tributaries in a manner that provides equitable treatment 

 for such fish and wildlife with the other purposes for which such system and 

 facilities are managed and operated; 



4(h)(ll )(A)(ii) exercise such their responsibilities in a manner consistent 

 with the program adopted by the Council under this subsection. 



At the same time, the Council's program would still have to be developed in a 

 manner that respects the prerogatives of the fish and wildlife managers and the federal 

 agencies' statutory responsibilities. The Northwest Power Act accords a special place for 

 fish and wildlife managers' recommendations, responsibilities and expertise and these 

 would be unaffected by the proposed amendments. The Act also requires the Council to 

 solicit recommendations for "measures which can be expected to be implemented by the 

 Administrator, using authorities under this chapter and other laws, and other Federal 

 agencies . . ." Accordingly, the Council's program would have to anticipate the major 

 federal laws that govern these agencies: the Endangered Species Act, the Clean Water Act 

 and other federal laws. Federal agencies would continue to follow these laws and 

 processes, together with the Council's program. 



Many of the arrangements discussed in connection with the "No legislation" 

 alternative, above, could be carried out in the context of this amended statute: creation of 

 a fish and wildlife committee to whose recommendations the Council would defer, an 

 integrated implementation structure, a monitoring and evaluation program, etc. 



The purpose of these amendments is to establish a single planning process -- the 

 Nonhwest Power Act process -- as the focus for fish and wildlife governance, but 

 preserving the "creative tension" that has characterized the relationship between 

 Bonneville and the Council and extending it to other federal agencies. This arrangement 

 would bring agencies that now have little obligation vis-a-vis the Council's program, such 



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