News arrow Newsletter arrow Congressional Updates

 


Congressional Update - July 23, 1998

A Newsletter for Congress and Constituents

Northwest governors explore options for future governance of Columbia River

For more information: 
Governors offices:
ID: 208-334-2100
MT: 406-444-3111
OR: 503-378-3111
WA: 360-753-6780

The governors of Idaho, Montana, Oregon and Washington have released for public comment a paper that outlines options for reforming the governance of fish, wildlife and energy matters in the Columbia River Basin. Five models are analyzed in light of the following assumptions:
  • Governance models should address definable problems, and this should define the mission for the model;
  • The nature of the problem should supply a rationale for conferring certain powers (those that are needed to address the problem);
  • The problem and the powers conferred suggest a pattern of representation.

Historically, much of the management of the Columbia River's mainstem has been oriented to traditional purposes such as hydropower, flood control, navigation and irrigation. These are largely federal or federally administered. Since 1980, the Northwest Power Planning Council, an interstate compact, has developed a program to mitigate the fish and wildlife effects of the federal dams, ensure the region's power supply and guide the investment of federal hydropower revenues in fish and wildlife mitigation. The Council's plan is based on the recommendations of disparate federal, state and tribal fish and wildlife managers.

Since 1990, the federal Endangered Species Act program has been a powerful influence in river management. The Endangered Species Act program also encompasses federal habitat, fish harvest and hatchery management.

Indian tribes, many of which do not see their interests adequately protected in federal or state forums, have their own mitigation plans. These plans also are asserted in administrative, judicial and legislative processes.

If Congress considers legislation arising from energy industry restructuring, the Columbia River may be drawn into the debate because it is such an important energy supplier. Legislation could affect whether the region keeps the benefits of the Columbia River -- not just energy but also fish, wildlife, flood control, navigation, irrigation and other uses. A number of ideas for reform of river governance have been suggested in congressional and regional forums. The governors' paper synthesizes these ideas into five options to better integrate existing laws and arrangements. They are:

  • The "Three Sovereigns" process. A high-level policy forum, established by a memorandum of agreement, would allow federal, state and tribal governments to collaborate on and coordinate basin-level policy, planning and decision-making and implementation matters that affect the Columbia River Basin ecosystem. No law change is required.
  • Appointment of tribal members to the Power Planning Council. The governors could appoint some members of the Power Planning Council from Indian tribes, and the Council could support collaborative work on a broader range of river issues than the Council currently addresses. No law change is required.
  • Create a regional resources council. A more broadly representative and authoritative new council would be authorized to develop an integrated resource plan to offset the effects of hydropower facilities on anadromous fish, resident fish and wildlife in the Columbia River Basin. The resource council plan would link and integrate fish and wildlife obligations, power system operations, energy conservation and resource needs. State, federal and tribal governments would be represented. The resources council could be created through an interstate compact approved by Congress and state legislatures or by federal legislation as a commission with members appointed by the President based on regional nominations.
  • Create a regional endangered species agency for hydropower. A Northwest Rivers Commission would be created by federal legislation and charged with protecting and restoring a healthy, sustainable Northwest fishery, with emphasis on federally listed endangered species. The commission would have ten members (eight state and two tribal) and would be assisted by an advisory council with subcommittees for 1) river operations; 2) fish resources and facilities management; 3) fish harvest; 4) agriculture and irrigation; and 5) public lands management
  • Create a comprehensive agency for the river. An agency would be created through federal legislation that would develop and implement comprehensive plans for federal project operations, species conservation and water quality and quantity. Modeled on the Delaware River Basin Commission, the agency would be directed by a board consisting of the four Northwest governors (or their designates), one or more federal representatives appointed by the President, and tribal representatives.

The paper, entitled Models for Columbia River Governance, is available from the Northwest Power Planning Council, 800-452-5161, or at the Council's website. The governors seek comments by August 21, 1998.