[Congressional Record Volume 164, Number 67 (Wednesday, April 25, 2018)]
[House]
[Pages H3542-H3560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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PROVIDING FOR THE OPERATIONS OF THE FEDERAL COLUMBIA RIVER POWER SYSTEM
Mr. BISHOP of Utah. Mr. Speaker, pursuant to House Resolution 839, I
call up the bill (H.R. 3144) to provide for operations of the Federal
Columbia River Power System pursuant to a certain operation plan for a
specified period of time, and for other purposes, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Byrne). Pursuant to House Resolution
839, the amendment printed in part B of House Report 115-650 is
adopted, and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 3144
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For the purposes of this Act:
(1) FCRPS.--The term ``FCRPS'' means those portions of the
Federal Columbia River Power System that are the subject of
the Supplemental Opinion.
(2) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through the
Bureau of Reclamation;
(B) the Secretary of Energy, acting through the Bonneville
Power Administration; and
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(C) Secretaries of the Army, acting through the Army Corps
of Engineers.
(3) Supplemental opinion.--The term ``Supplemental
Opinion'' means the document titled ``Endangered Species Act
Section 7(a)(2) Supplemental Biological Opinion'', NOAA
Fisheries Log Number NWR-2013-9562, and dated January 17,
2014, which supplements, without replacing, the 2008 and 2010
FCRPS Biological Opinions and the Reasonable and Prudent
Alternative contained therein.
SEC. 2. OPERATION OF FCRPS.
The Secretaries shall operate the FCRPS in a manner
consistent with the reasonable and prudent alternative set
forth in the Supplemental Opinion until the later of the
following dates:
(1) September 30, 2022.
(2) The date upon which a subsequent final biological
opinion for the FCRPS operations is--
(A) issued after completion of the final environmental
impact statement on a record of decision for a new operations
plan for the FCRPS; and
(B) in effect, with no pending further judicial review.
SEC. 3. AMENDMENTS TO SUPPLEMENTAL OPINION.
(a) In General.--Notwithstanding section 2, the Secretaries
may amend portions of the Supplemental Opinion and operate
the FCRPS in accordance with such amendments, before the date
established under section 2 if all of the Secretaries
determine, in the sole discretion of each Secretary, that--
(1) the amendment is necessary for public safety or
transmission and grid reliability; or
(2) the actions, operations, or other requirements that the
amendment would remove are no longer warranted.
(b) Restriction on Amendments.--The process described in
subsection (a) shall be the only method by which the
Secretaries may operate the FCRPS during the time period
established under section 2 in any way that is not consistent
with the reasonable and prudent alternatives set forth in the
Supplemental Opinion.
SEC. 4. LIMITATION ON RESTRICTING FCRPS ELECTRICAL GENERATION
OR NAVIGATION ON THE SNAKE RIVER.
No structural modification, action, study, or engineering
plan that restricts electrical generation at any FCRPS
hydroelectric dam, or that limits navigation on the Snake
River in the State of Washington, Oregon, or Idaho, shall
proceed unless such proposal is specifically and expressly
authorized by an Act of Congress enacted after the date of
enactment of this Act. Nothing in this section affects or
interferes with the authority of the Secretaries to conduct
operation and maintenance activities or make capital
improvements necessary to meet authorized project purposes of
FCRPS facilities.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on Natural Resources.
The gentleman from Utah (Mr. Bishop) and the gentleman from Arizona
(Mr. Grijalva) each will control 30 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include extraneous material on H.R. 3144.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield 8 minutes to the gentlewoman
from Washington (Mrs. McMorris Rodgers), the sponsor, to introduce this
piece of legislation.
Mrs. McMORRIS RODGERS. Mr. Speaker, I thank Chairman Bishop for
yielding.
Mr. Speaker, Congress created the Bonneville Power Administration, or
BPA, in 1937 on the heels of the Great Depression to distribute power
generated from the development of two federally authorized dams:
Bonneville and Grand Coulee Dam.
Our dams transformed Washington State from what was a barren, dry
land into one of the most productive agriculture regions in the world.
These marvels of engineering also provided the Pacific Northwest with
the Nation's cheapest and most reliable energy supply.
During World War II, it was the Federal power supplied by BPA that
was instrumental in the ramp-up of the aluminum industry that went into
Boeing's B-17s and B-29s, and powered the production of nearly 750
large ships before the end of the war.
In the words of President Harry Truman: ``Without Grand Coulee and
Bonneville, it would have been almost impossible to win this war.''
In 1945, Congress authorized the construction of four large dams
along the Snake River, Ice Harbor, Lower Monumental, Little Goose, and
Lower Granite, to grow what we call today the Federal Columbia River
Power System.
These four dams can power up to nearly 2 million homes, or a city the
size of Seattle, and are crucial to meet BPA's peak loads during those
hottest days in the summer when the wind doesn't blow or the coldest
days in the winter when we do not have sunlight.
This year, eastern Washington had a harsh winter with many days below
freezing. During the coldest days, BPA relied on the ability of these
four dams to ramp up production and meet the demand.
Without a reliable base load source, I feared, and BPA confirmed,
many in eastern Washington would have lost power.
It is important to look back at history when we think about BPA, the
Columbia River system, and the future of energy in our region.
Last week, BPA made its 34th consecutive payment of $1.3 billion to
the U.S. Treasury. They were able to do this because of the value of
our region's low-cost, carbon-free energy, as a result of selling the
hydropower production along the Columbia River. In fact, in Washington
State, nearly 70 percent of our energy comes from hydropower.
Some argue that these dams in particular have negatively impacted
migratory fish, yet these dams average fish survival rates of nearly 97
percent.
And while recent ocean impacts, which scientists call a ``blob,''
have slowed salmon just the last couple of years, more total salmon
have returned this year than before the dams were actually put in
place.
More than 600,000 fall Chinook are forecasted this year, many times
higher than when they were first listed under the Endangered Species
Act.
These record-setting fish passage rates are a result of significant
Federal investments in new technologies, like fish-friendly turbines,
habitat restoration, and local collaboration.
I mention the local collaboration because I want to quote the
Columbia River system Adaptive Management Implementation Plan that was
produced by the Department of Interior, BPA, the U.S. Army Corps, and
NOAA: ``The Obama administration undertook an extensive effort to
review the 2008 Biological Opinion'' and found ``the 2008 BiOp is
biologically and legally sound, based on the best available scientific
information, and satisfies the ESA jeopardy standard.''
Our river system also functions as a superhighway for agriculture
goods. My home State of Washington is the most trade-dependent State in
the country, and because of the river system, last year alone, it saved
having 160,000 trucks on the roads.
This BiOp is supported by the States, by Tribes, by utilities, ports,
irrigation districts, and other Pacific Northwest water users.
The need for this legislation became clear when an unelected judge
rejected the collaborative work, claiming that he knows better how to
manage the Columbia River than all of the scientists, Tribes, elected
officials, and others that are using the river every day.
This Oregon Federal district judge invalidated the BiOp and set a
course that will likely put BPA's future and the yearly investments of
hundreds of millions of dollars in jeopardy.
He wants us to start at the beginning and put breaching the dams back
on the table.
Electricity rates have gone up nearly 30 percent the last few years,
with an average increase of 5.4 percent for 2018 and 2019. Adding
unnecessary litigation and additional spill requirements only add to
these costs.
For example, Judge Simon granted a spill order on April 3 that will
cost an estimated $40 million to ratepayers in the Pacific Northwest.
Mandating spill means that huge amounts of water will go over the dam
24 hours a day 7 days a week, instead of actually producing
electricity. This spill order is experimental science that will likely
increase power costs, decrease the grid's reliability, hurt habitat,
and actually kill fish.
In 2028, utilities will be renegotiating their contracts, and they
are making decisions now. This uncertainty is plaguing the Pacific
Northwest and the Columbia River system.
As a result, I am proud of the work that we have done, coming
together in
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a bipartisan way to support this legislation to provide certainty. This
bill will codify the current BiOp until 2022, and prevent unnecessary
costs to people and ratepayers all around the Pacific Northwest. It
also reasserts Congress' authority over the dams.
A hearing was held in the Natural Resources Committee last fall, and
the bill recently passed out of committee with bipartisan support.
Technical changes were made to ensure necessary maintenance, and
improvements to the Army Corps dams would continue without
interruption.
We hear the other side talk about being against the status quo,
calling it illegal and an unprecedented assault on the Endangered
Species Act.
Unfortunately, this narrative is misleading and it doesn't take into
account the whole picture nor the success of the dams.
For example, the Port of Clarkston has seen new business from the
American Queen Steamboat Company, tourism that is coming to our
communities that is bringing jobs and bringing people.
This bill is a fiscally responsible alternative to the current
judicial overreach that doesn't take into account all of the river
users. If enacted, the certainty provided will reduce costs on the
people of eastern Washington by stopping this $40 million spill
experiment, encourage clean energy, lower carbon emissions, and save
taxpayers $16 million, while saving fish.
Bottom line, dams and fish can coexist. After more than two decades
in the courtroom, let's let the scientists, not one judge, manage our
river system, and get to work to further improve fish recovery efforts.
Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, the bill we are debating today, I am sorry to say, is
yet another attempt by my Republican colleagues to accelerate the
extinction of our Nation's fisheries.
H.R. 3144 weakens protections for several runs of wild salmon and
steelhead in the Pacific Northwest, which are extremely important to
commercial, recreational, and tribal fishing interests.
This is the worst possible time for such an extreme approach. Last
year, for the first time, Federal scientists surveying the Pacific
Northwest salmon population came up with empty nets, and yet here we
are moving a bill that will only worsen the salmon crisis.
While disappointing, I can't say today's bill is entirely surprising.
In fact, this bill is just the latest attack by my Republican
colleagues in their broader war on salmon and the salmon fishing
industry.
We saw these same attacks on salmon when House Republicans jammed
H.R. 23, also known as the GROW Act, through the House recently.
This bill sought to eliminate protection for California salmon and
put California's native fisheries on the path to extinction, meaning
thousands of job losses across California, Oregon, and Washington
State.
House Republicans pushed the bill through even though estimates show
that 78 percent of California's native salmon will be extinct this
century under current trends.
Instead of trying to counter these trends, House Republicans decided
it was more important to help some of their big business buddies who
would rather drain our public rivers even further for private profit.
Now we are here today with another bill that harms our wild salmon
and the businesses that depend on their existence.
It is no surprise that our committee received numerous letters from
businesses and fishing industry groups opposed to H.R. 3144.
The committee also received several letters from guiding and outdoor
retail businesses, the food industry, and from many other businesses
that depend on functioning ecosystems and the Columbia Basin salmon.
Aside from being bad for many businesses, this bill also represents a
troubling attack on our Nation's bedrock environmental laws and the
legal process.
Since the early 1990s, Federal courts have found the Federal dam
operations at the Federal Columbia River Power System endanger the
existence of the Pacific Northwest salmon runs and violate our Nation's
laws, including the Endangered Species Act.
As a result, Federal agents have been ordered several times to
develop a new dam operation plan to recover the region's dwindling
salmon populations.
Instead of requiring Federal dam operations to finally come into
compliance with the law and develop a salmon recovery plan that works,
H.R. 3144 locks in an outdated, illegal plan until at least 2022 that
will cause great harm to wild salmon and struggling fishing
communities.
Furthermore, this bill blocks recent court orders requiring
additional salmon protection measures at Federal dams. It also bans
Federal agencies from even studying the possible changes to dam
operations that can improve salmon survival, such as increased spill.
In short, this bill causes great harm to wild salmon and many
businesses, Tribes, and communities that depend on it.
Mr. Speaker, for these reasons, I urge my colleagues to vote ``no,''
and I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield 3 minutes to the gentlewoman
from Washington State (Ms. Herrera Beutler), who lives in this area and
knows firsthand what is taking place there.
Ms. HERRERA BEUTLER. Mr. Speaker, I thank Chairman Bishop for
yielding time for me to speak on this important legislation, and for
the work his committee has been doing to support vibrant salmon runs,
as well as protect low-cost, renewable, clean energy.
Leading scientists and Federal agencies, Northwest States, sovereign
Tribes, and notably, the Obama administration, crafted what is known as
the 2014 Biological Opinion on how the Columbia River Federal
hydropower system should operate.
The BiOp, as it is called, was developed with the utmost standards of
integrity and transparency, and importantly, collaboration.
Conservative Republicans and the Obama administration got together and
used the best available science.
Under this plan's implementation, we have seen several years of
record or near record returns of adult salmon.
The plan is working, so why are we here today?
Unfortunately, in 2016, a U.S. district judge rejected the 2014 BiOp
and ordered the Federal agencies start the process over, with a
requirement that they look at breaching the four Snake River dams.
Here is the reality. I can't express how important this hydro system
is for the entire Northwest. I have heard you couldn't match the energy
produced by these dams with six or more coal-fired power plants. None
of us want to return to that.
More recently, that same judge who issued the order issued a mandated
spill over the Columbia and Snake River dams.
Now, spill occurs when water and young migrating salmon are shot over
the dams.
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Spill is like medicine. The right dosage can help you, but too much
can harm or even kill you. The same is true for salmon.
The judge's ruling lacked scientific backing, as Federal fisheries
scientists believe these spill mandates will provide little or no
benefits to juvenile salmon or returning adult salmon. And as we have
seen, these actions are not only in blatant contradiction to the best
available science, they are also a direct attack on ratepayers, the
families and small businesses, and the local economies who depend on
affordable, clean, reliable energy.
Ratepayers in our region spend almost up to $1 billion a year, when
all is said and done, on protecting these wild runs through science-
backed spill that already takes place in other mitigation efforts. But
abusive litigation robs hundreds of millions of dollars per year of
hard-earned tax money from the pockets of my constituents. The price
tag on the judge's spill mandates are estimated to be an additional $40
million taken from ratepayers this year.
So now we find ourselves here today needing to pass H.R. 3144 for the
sake of salmon runs, for the sake of our ratepayers, and for the sake
of the environment. Again, this is not a partisan bill; in fact, it is
bipartisan, and
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it represents restoring the Obama administration-led collaborative plan
to responsibly manage our salmon populations and hydroelectric
infrastructure.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. BISHOP of Utah. Mr. Speaker, I yield the gentlewoman from
Washington an additional 30 seconds.
Ms. HERRERA BEUTLER. The exact same opponents of this bill who claim
it would ``gut'' protections--I repeat, the exact same groups--asked
the court to keep the 2014 BiOp in place. So, basically, before they
opposed it, the bill's opponents asked to do exactly what our bill
does.
So scientists, Federal agencies of jurisdiction, and, yes, at one
time, even the bill's opponents have said that the agencies should
operate under the 2014 BiOp while a new plan is developed.
This is a vote for listed salmon because it keeps current measures in
place, and we know that they are working. This is a vote for the
region's economy, and it avoids wasting millions of dollars. And this
is a vote for the environment because we cannot match the clean,
renewable energy produced by our hydro system.
I urge a ``yes'' vote.
Mr. GRIJALVA. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Massachusetts (Ms. Tsongas), a member of the Natural Resources
Committee.
Ms. TSONGAS. Mr. Speaker, I join Ranking Member Grijalva in opposing
this legislation and urge my colleagues to vote ``no.''
For 45 years, the Endangered Species Act has served as one of our
Nation's bedrock environmental statutes. The bald eagle, the American
alligator, and the gray whale are just a few examples of iconic species
that have recovered from the brink of extinction thanks to the
Endangered Species Act.
Despite its widely recognized success and broad support across State
and party lines, today, the House is seeking to pass yet another bill
that undermines this bedrock environmental law and causes irreparable
harm to salmon and steelhead species, species that are already at great
risk of extinction, species that play an irreplaceable role in the
Pacific Northwest's ecosystem. Their presence benefits more than 130
other species, including the critically endangered Southern Resident
killer whales, whose existence depends upon healthy salmon runs.
This is not just about the Pacific Northwest. Any effort to undermine
the Endangered Species Act and, thereby, its protections for the
species and landscapes that make our country uniquely American impacts
us all.
Several Federal agencies and courts have determined that dam
operations in the Columbia and Snake Rivers cause significant harm to
13 species or populations of salmon and steelhead listed under the
Endangered Species Act.
Instead of allowing science-based management practices that protect
both endangered species and the many users of these rivers, including
hydropower generators, this legislation locks in a failing operation
plan that has already been found in violation of the Endangered Species
Act. Knowingly endangering the existence of salmon is in direct
violation of the law and betrays the long bipartisan tradition of the
Endangered Species Act.
Instead of rolling back critical safeguards and recovery efforts, we
should reject this legislation and support a transparent stakeholder-
driven process that protects endangered species and the many fishermen,
businesses, communities, and Tribes who depend on a sustainable
Columbia River.
I urge my colleagues to vote ``no'' on H.R. 3144.
Mr. BISHOP of Utah. Mr. Speaker, I yield 3 minutes to the gentleman
from Oregon (Mr. Schrader), another person who lives in this area and
realizes that this judicial decision is not necessarily based on
science and can actually do harm to the endangered species.
Mr. SCHRADER. Mr. Speaker, I include in the Record the following
letters from the National Rural Electric Cooperative Association,
United Power Trades Organization, and the National Electrical
Contractors Association.
NRECA,
Arlington, VA, March 14, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Hon. Raul Grijalva,
Ranking Member, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Bishop and Ranking Member Grijalva: On behalf
of America's electric cooperatives, I write to express strong
support for H.R. 3144 to require federal agencies responsible
for the management of the Federal Columbia River Power System
(FCRPS) to operate the hydropower system in a manner
consistent with the current operations plan.
Fifty-four rural electric cooperatives in seven Western
states receive reliable federal hydropower from the FCRPS.
For this reason, NRECA opposes actions that bring continued
uncertainty to the FCRPS and the Bonneville Power
Administration's (BPA) future hydropower operations. For
decades, there has been uncertainty over the operations of
existing hydropower in the Pacific Northwest due to federal
regulations, court orders and other administrative decisions.
This continued uncertainty to the FCRPS continues to affect
BPA's future power generation, rates and reliability in the
region, and in turn the cooperative systems that depend upon
it for reliable and affordable electric service to their
communities.
The FCRPS is paramount to power generation in the Pacific
Northwest, and to California, Nevada, Wyoming and Montana.
The FCRPS is the largest source of clean, renewable
electricity in the Pacific Northwest. It encompasses 31
multi-purpose federally-owned dams along the Columbia and
Snake Rivers and accounts for nearly 40 percent of total U.S.
hydroelectric generation. Its hydropower not only provides
energy for baseload needs and peak times, but also serves as
a backup generation source for intermittent wind and solar
power. This gives the Pacific Northwest and our cooperatives
an environmental edge unmatched elsewhere in the country--as
a non-CO2 emitting resource. But due to the long-
standing litigation surrounding the FCRPS for Endangered
Species Act-listed salmon and steelhead, there continues to
be uncertainty over BPA's future hydropower operations.
Specifically, BPA's fish and wildlife mitigation program
continues to be a significant cost driver which adversely
affects our cooperatives' abilities to provide affordable
electricity.
Since 1978, BPA has committed nearly $15.9 billion to
support Northwest fish and wildlife recovery. BPA's fish and
wildlife mitigation program is the largest in the nation, and
quite possibly the world. Each year, cooperatives and
ratepayers fund BPA's habitat restoration efforts to open
valuable habitat in the Columbia River estuary and
tributaries, add water to streams, and support cool water
temperatures. In 2012, BPA directly invested more than $450
million to address the impacts of federal dams. These
activities included protecting land and water habitat,
implementing projects across the Columbia River Basin, and
supporting better fish passage. Specifically, BPA has made
huge long-term investments in large-scale structural and
operational changes to further improve existing fish passage
routes as well as to provide new, safe passage structures to
these dams.
Therefore, by upholding the 2014 Supplemental Biological
Opinion, H.R. 3144 appropriately balances environmental and
economic demands while also protecting existing hydropower
resources in the Pacific Northwest. For these and other
reasons, NRECA urges support for H.R. 3144 in committee and
swift advancement to the House floor.
Sincerely,
Jim Matheson,
National Rural Electric
Cooperative Association.
____
United Power
Trades Organization,
West Richland, WA, March 22, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Hon. Raul Grijalva,
Ranking Member, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Bishop and Ranking Member Grijalva, I am
writing on behalf of the United Power Trades Organization
(UPTO) to express our support for H.R. 3144 which requires
federal agencies to manage the Federal Columbia River Power
System (FCRPS) in accordance with the 2014 Supplemental
Biological Opinion (Bi-Op). UPTO represents over 600 blue
collar employees that work at the U.S. Army Corps of
Engineers dams on the Columbia-Snake River system.
Our organization is made up of not only maintenance
personnel, but power plant operators who are responsible for
operating the lock and dam facilities in accordance with the
Bi-Op. I have been one of those operators for over 30 years
and have personally seen the improvements made at our
facilities that have greatly improved fish survival. It is
very frustrating when outside interests persuade judicial
orders that change the way we operate to the detriment of
fish survival.
Contrary to misinformation that has been widely reported,
spilling water over the dams has not been the primary reason
for increases in fish survival through the Columbia-Snake
River system. There have been many reasons that fish survival
has improved including habitat restoration, better oceanic
conditions and summer flow augmentation. But a major reason
for improved
[[Page H3546]]
fish survival is the transportation program. Fish entering
the generating turbine intakes are directed by rotating
screens into bypass channels to fish collection facilities
where they are loaded on to barges and given a free ride to
below Bonneville dam where they are released back in to the
river. Fish transported by barge are five times more likely
to survive than those that traverse the river.
Spilling water over the dams not only costs the taxpayers
millions in lost power generation, but is actually
detrimental to fish survival. Fish that pass through the
spillgates are not collected for transport by barge, thus
less likely to survive than those that are collected. In
addition, the more water that is spilled over the dams, the
more supersaturation of nitrogen in the water occurs
resulting in gas bubble trauma to juvenile fish. More spill
just doesn't make sense in that it is costly economically,
doesn't help the fish, and can even be detrimental to fish
survival.
H.R. 3144 is important in that it continues programs and
operating procedures that have been proven extremely
successful in migrating fish survival. The Bi-Op is working
and making changes make absolutely no sense. Fish returns are
higher than what they were prior to the first dam built on
the Columbia-Snake river system and, although hatchery fish
are returning in large numbers, natural fish returns are up
as well too. Fish survival through the Columbia-Snake River
dams are at levels that meet or exceed those on rivers that
don't have dams. The current Bi-Op is the most science-based,
comprehensive and expensive effort to restore an endangered
species in the nation. $1.6 billion have been invested in new
technologies and, when operated according to the Bi-Op, have
proven that the dams and fish can co-exist.
Continuing to operate the dams according to the Bi-Op is
imperative for continued high rate of survival for migrating
fish. H.R. 3144 requires that continuity and is therefore
imperative to the continued high survival rate of migrating
fish. UPTO urges support for H.R. 3144 in committee and swift
advancement to the House floor.
Sincerely,
Jack W. Heffling,
President,
United Power Trades Organization.
____
National Electrical
Contractors Association,
Bethesda, MD, April 21, 2018.
House of Representatives,
Washington, DC.
Dear Speaker Ryan: On behalf of the National Electrical
Contractors Association (NECA), I am writing in strong
support of pending energy legislation being considering by
the House. NECA urges Members to vote yes on H.R. 3144--To
provide for operations of the Federal Columbia River Power
System pursuant to a certain operation plan for a specified
period of time, and for other purposes, introduced by
Representative Cathy McMorris Rodgers.
NECA is the nationally recognized voice of the $160 billion
electrical construction industry that brings power, light,
and communication technology to buildings and communities
across the U.S. NECA's national office and its 119 local
chapters are dedicated to enhancing the industry through
continuing education, labor relations, safety codes,
standards development, and government relations. NECA is
committed to advocating for a comprehensive energy policy
that addresses all available opportunities for energy
exploration and independence.
The benefits of this legislation are clear: job creation,
energy independence, and economic growth. NECA greatly
appreciates the hard work that Representative McMorris
Rodgers put into writing this important legislation. This
will be included in the NECA Legislative Report Card for the
115th Congress. We urge all members to vote yes.
Thank you for your consideration of our views.
Sincerely,
Marco A. Giamberardino, MPA,
Executive Director,
Government Affairs.
Mr. SCHRADER. Mr. Speaker, it is time to put science back in the
decisionmaking process for Oregon and Pacific Northwest salmon recovery
strategy. Rather than having the courts dictate the best way to balance
Northwest fish recovery and the region's power needs, we should let the
experts in U.S. Fish and Wildlife, Bonneville Power, NOAA, and NMFS
lead the way. H.R. 3144 allows that to occur.
Rather than having fish policy decided by lawsuit, it simply lets the
experts do their job. Quite simply, it will allow the Federal Columbia
River Power System to be managed according to the 2014 Obama
administration-approved biological opinion until a new BiOp can be
completed in 2020.
U.S. Fish and Wildlife, BPA, NOAA, and NMFS have spent years
developing recovery plans to restore habitat, encourage fish passage,
and manage this fishery. Their hard work was summarily thrown out by
the court in favor of continued litigation. In fact, a third--yes, a
third--of our power bills in the Northwest is dedicated to fish
recovery.
We have been diligent. Bonneville ratepayers have stepped up time and
again. We have made strides, despite battling the effects of climate
change, ocean acidification, and overfishing by foreign nations. Some
things we can control, some things we cannot--like sea lion
depredation, we can.
Despite the scientific evidence and warnings from Washington and
Oregon Fish and Wildlife biologists that say sea lions likely account
for at least 20 percent or more of adult salmon loss in the Columbia
River system, we are not doing anything about it. Even our Governors
agree we need to address this, and these are Democratic Governors.
Let's deal with that instead of one injunction after another demanding
more spill over the tops of the dams, which, as we have heard, is not
based in good science.
This latest order will cost $40 million to $50 million, with the jury
out on its effectiveness as to juvenile survival and subsequent adult
return. Let's at least get some scientific data to see if this is a
good idea. H.R. 3144 would allow that to happen.
BPA is at a crossroads. Natural gas is abundant, very inexpensive,
the primary reason a lot of our coal plants are being phased out. But
its low cost, coupled with more and more demands for fish mitigation,
now threaten to eliminate our clean, renewable hydropower system that
accounts for 50 percent of the electricity in the Northwest.
BPA simply cannot absorb more spill requirements with subsequent loss
of power generation and revenue without having to curtail the very fish
mitigation recovery programs the litigants want that have been helping
to recover our endangered salmon. BPA is becoming quickly uncompetitive
due to these escalating costs.
If they go away, what happens? It means more natural gas, more fossil
fuels. It makes no sense, if your goal is balancing smart, scientific-
based fish recovery with clean renewable energy, to put BPA out of
business and eliminate local control that the Pacific Northwest has had
on determining its own future.
The entire Northwest delegation, Republican and Democrat, worked
together on this. We would like to continue to do so. We need to stop
this constant litigation. Let the scientific experts steeped in fish
recovery do their job.
I urge my colleagues to vote ``yes'' on H.R. 3144.
Mr. GRIJALVA. Mr. Speaker, I include in the Record a letter of
opposition from Governor Kate Brown of Oregon, a letter of opposition
to the legislation from Governor Inslee of Washington, 140 undersigned
businesses from the region in opposition, the Nez Perce Tribal
Executive Committee in opposition to the legislation, and over 22
environmental and outdoor organizations in opposition to the
legislation.
January 22, 2018.
As Governor of the State of Oregon, I write expressing deep
concerns with H.R. 3144. I am concerned this legislation
would thwart federal court direction to provide additional
spill at dams on the lower Columbia and Snake rivers and the
collaborative state, tribal and federal process that has
worked effectively to develop spill provisions for 2018.
These court-ordered collaborative efforts resulted in
consensus recommendations from all sovereigns, representing a
positive, and unprecedented, step forward in building
stronger consensus for recovery actions. H.R. 3144 would
negate this progress and our ability to implement and learn
from these consensus recommendations.
H.R. 3144 would also derail ongoing collaborative efforts
to examine a range of potential future dam operations and
salmon management options required by the National
Environmental Policy Act (NEPA). The State of Oregon has
engaged in good faith as cooperating agencies with federal
agency leads for this Columbia Snake River Operations study.
This process is vital to secure a sustainable path forward
optimizing power, commerce, agriculture and fish recovery
within a changing social and environmental landscape.
Through NEPA and the Endangered Species Act, Congress
established processes for federal decision-making that are
grounded in a robust analysis of alternatives in a systematic
and science-based manner. H.R. 3144 contravenes these
important principles and would disrupt the regional efforts
to engage in a full, accurate and transparent analysis of
salmon and dam management.
Washington Governor Inslee has expressed similar opposition
to H.R. 3144. Oregonians and Washingtonians share decades of
investment in recovering Columbia River salmon, and I join my
colleague in asking you to oppose H.R. 3144.
Sincerely,
Kate Brown,
Governor.
[[Page H3547]]
____
State of Washington,
Office of the Governor,
Olympia, WA, December 5, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Hon. Doug Lamborn,
Chairman, Subcommittee on Water,
Power and Oceans,
Committee on Natural Resources,
House of Representatives, Washington, DC.
Hon. Raul Grijalva,
Ranking Member, Committee on Natural Resources,
House of Representatives, Washington, DC.
Hon. Jared Huffman,
Ranking Member, Subcommittee on Water, Power and Oceans,
Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Chairmen Bishop and Lamborn and Ranking Members
Grijalva and Huffman: As Governor of the State of Washington,
I write to express my deep concerns with H.R. 3144,
legislation which would freeze in place a 2014 biological
opinion (BiOp), or salmon management plan, for the dams
composing the Federal Columbia River Power System. While the
State of Washington believes the 2014 BiOp represented a step
forward for efforts to protect and recover 13 stocks of
threatened or endangered Columbia and Snake river salmon and
steelhead, H.R. 3144 would thwart constructive ongoing
efforts to improve future salmon and dam management. This
would not only hurt salmon but also the recreational and
commercial fisheries, tribes, and other species (such as
Puget Sound's southern resident killer whales) that benefit
from healthy salmon runs.
I am committed to preserving the benefits of our hydropower
dams in a manner that is in balance with protecting and
restoring salmon. While our dams and dam operations have been
modified to reduce their impact to salmon and steelhead over
the last 20 years, there is evidence that salmon may further
benefit from additional modifications to dam operations that
would help restore salmon populations. The State of
Washington is participating in productive regional
discussions about the best way to test the potential benefits
of additional ``spill,'' in 2018 and potentially beyond. This
discussion and learning opportunity would be blocked by H.R.
3144's prohibition on any studies or actions that restrict
electricity generation at any dams in the Federal Columbia
River Power System, even by a small amount.
Similarly, several Washington State agencies are engaged as
cooperating agencies in the Columbia Snake River Operations
study process currently being conducted, pursuant to the
National Environmental Policy Act (NEPA). This process
promises to provide valuable information on a range of
potential future dam operations and salmon management
strategies. As with the discussion regarding increased spill
over the dams, H.R. 3144 would halt this learning process in
its tracks, preventing a constructive dialog among federal
and state agencies, tribes, and the public about how best to
manage Columbia and Snake river dams in a region that must
continually adapt to ongoing changes to its climate, salmon
habitat, and energy system.
For these reasons, I encourage the Subcommittee on Water,
Power and Oceans, the full Natural Resources Committee, and
the full House of Representatives to oppose H.R. 3144.
Thank you for your consideration of my input regarding
federal legislation that could have significant impacts on my
state.
Very truly yours,
Jay Inslee,
Governor.
____
April 20, 2018.
Members of Congress,
House of Representatives,
Washington, DC.
Dear Members of Congress: The 140 undersigned businesses
and business associations represent commercial and
recreational salmon fishermen and related businesses, guiding
and outdoor retail businesses and restaurants and food
industries based in the Pacific Northwest. Our businesses and
the thousands of jobs that they support regionally are highly
dependent on Columbia Basin salmon and steelhead. For this
reason we are very concerned about salmon conservation and
recovery efforts in the Columbia Basin.
We are writing to inform you of our strong opposition to HR
3144. This bill intentionally circumvents the public
processes guiding operations of the Federal Columbia River
Power System, application of the Endangered Species Act and
recovery of salmon and steelhead resources. HR 3144 would
also block recent court orders from the U.S. District Court
in Portland (OR) that require additional salmon protection
measures at federal dams and reservoirs on the Columbia and
Snake rivers.
HR 3144 requires Congressional authorization before any
additional changes or further study of changing dam
operations could be taken to reduce impacts on migrating
salmon. This removes the best scientific judgment of regional
biologists and engineers and replaces it with a political
process taking place in Washington D.C.
If passed into law, HR 3144 would prevent federal managers
from operating the dams with additional fish-saving spill.
Eliminating the additional spill would have negative impacts
on all Columbia Basin salmon, but would put wild Snake River
Brun steelhead at immediate risk of extinction; only 362 B-
run fish have passed the highest dam so far this year. The
additional spill recently ordered by the court is strongly
supported by regional salmon biologists. It has been shown to
be highly effective in increasing juvenile survival to the
Pacific Ocean and the number of adults returning. One can
look at the excellent returning runs of fall chinook in 2014
and 2015 and the resulting economic benefits to see why
increased spill is critical in the Columbia Basin. We support
the use of spill to increase salmon runs. HR 3144 caps spill
at levels already determined to be inadequate and detrimental
to the recovery salmon in the Columbia Basin.
We close by urging you to oppose HR 3144. Columbia Basin
salmon are critical to the health of the coastal and inland
economies and communities of the Pacific Northwest--including
California and Alaska. Our businesses are committed to
participating in processes that affect salmon and eager to
work with Northwest sovereigns and stakeholders to craft
lawful, science-based salmon strategies that meet the needs
of imperiled salmon populations and the communities of our
great region.
Thank you for your consideration of our perspective and the
effect of your policies on the culture and economy of the
Northwest.
Sincerely,
Glen Spain, Northwest Regional Director, Pacific Coast
Federation of Fishermen's Association, Eugene, OR; Liz
Hamilton, Executive Director, Northwest Sportfishing Industry
Association, Oregon City, OR; Jeremy Brown, President,
Coastal Trollers Association, Auburn, WA; Jeff Friedman, Co-
President, Pacific Northwest Whale Watching Association,
Friday Harbor, WA; Greg Mueller, President/Executive
Director, Washington Trollers Association, Westport, WA; Mary
Wright, President, Salmon River Outfitters Association,
Salmon, ID; Scott Gudes, Vice President of Government
Affairs, American Sportfishing Association, Washington, D.C.;
Grant Putnam, President, Northwest Guides and Anglers
Association, Tillamook, OR; Mike Hubbell, President, Santa
Cruz Commercial Fishermen's Association, Santa Cruz, CA;
Linda Behnken, Alaska Longline Fishermen's Association,
Sitka, AK; Dustin Aherin, President, Idaho River Adventures,
Inc., Lewiston and Salmon City, ID; Peter Grubb, Founder,
ROW, Inc & Adventure Unbound, Inc., Spokane, WA; Mikki
Waddell, Operations Manager, Main Market Co-op, Spokane, WA;
Max Newland, Education and Event Coordinator, Moscow Food Co-
op, Moscow, ID; Jeff Jerrett, Owner, Jarrett's Guide Service,
Orofino, ID.
Tyler Nash, Owner, White Pine Gear Exchange & Guide
Service, Moscow, ID; Kurt Hochberg, Owner, F/V Rogue,
Crescent City, CA; Kurt Hochberg, Owner, Crescent Seafood
Market and Deli, Crescent City, CA; David Blaine, Owner,
Central Food, Spokane, WA; Jeremy and Kate Hansen, Owners,
Island Pacific Kitchen, Sante, Common Crumb, Biscuit Wizard,
Spokane, WA; Ron Richards, Owner, F/V Ocean Dancer, Port
Angeles, WA; Bryan Huskey, Owner/Founder, Keep Em Wet
Fishing, Boise, ID; Zachary Collier, Owner/Outfitter,
Northwest Rafting Co., Hood River, OR; Mary Wright, Co-owner,
Silver Cloud Expeditions, Salmon, ID; Steve Bly, Owner, Steve
Bly Photography, Boise, ID; Pam Bly, Idaho Master Naturalist,
Boise, ID; Jeri Sahlin, Owner, Choice Therapies, Coeur
d'Alene, ID; Craig Wolfrom, Owner, Craig Wolfrom Photography,
Bellevue, ID; Bonnie Schonefeld, Owner, Lochsa Connection,
Kooskia, ID; Evelyn Kaide, Owner, The Guide Shop & Clearwater
Drifters, Orofino, ID.
David Denning, Owner, The River Company, Stanley, ID; Dick
Pool, Owner, Pro-Troll Fishing Products, Concord, CA; George
Cook, President, Angler's Rendezvous, Lacey, WA; Matt
Leidecker, Owner, Idaho River Publications, Ketchum, ID;
Marla Lacer, Manager, AVEDA Institute, Boise Boise, ID; Link
Jackson, Owner Streamtech Boats, Boise, ID; Debbi Woods,
Human Resources, Manager Boise Co-op, Boise, ID; Doug Rees,
President, The Guide's Forecast, LLP, Portland, OR; Bob Rees,
Owner, Bob Rees' Fishing Guide Service, Portland, OR; Paul
Fish, President, Mountain Gear, Inc, Spokane Valley, WA;
Steve Schmrsik, Chef, Pink Door, Seattle, WA; Jim White,
Executive Chef/Food & Beverage Director, Islandwood,
Bainbridge Island, WA; Frank Ralph, Owner, Ocean Seafood,
LLC, Fox Island, WA; Joel Kawahara, Owner/Fisherman, F/V
Karolee, Quilcene, WA; John Delp, Chef/Co-Owner, Mossback
Restaurant, Kingston, WA.
Nichole Curry, Owner/Fisherman, F/V Karen L, Bellingham,
WA; Diana Clausen, Owner/Fishermen, Clausen Fisheries, Inc,
Port Townsend, WA; Wayne Johnson, Executive Corporate Chef,
FareStart, Seattle, WA; Joel Brady-Power, Owner/Fisherman, F/
V Nerka, Bellingham, WA; Duke Moscrip, CEO, Duke's Seafood &
Chowder, Seattle, WA; Buzz Hofford, District Manager, Bon
Appetit Management Company, Seattle, WA; Renee Erickson,
Chef, Sea Creatures Restaurants, Seattle, WA; Amy Grondin,
Owner/Fisherman, Duna Fisheries, LLC, Port Townsend, WA;
Rebecca Argo, Owner/Operator, McClure Bay, LLC, Port
Townsend, WA; Jeremy Brown, Owner/Fisherman, F/V Barcole,
Bellingham, WA; Marja Murray, Chef, Kiddie Academy, Seattle,
WA; Michael Clausen, Owner/Fishermen, F/V Carol M, Port
Townsend, WA; Paige Bloskey, Head Chef, Farestart, Seattle,
WA; Dustin Ronspies, Owner/Chef, Art Of The Table, Seattle,
WA; Kirsten Graham, Founder, KGPR, Seattle, WA.
Diane LaVonne, Chef/Owner, Diane's Market Kitchen, Seattle,
WA; Greg Friedrichs,
[[Page H3548]]
Owner/Fisherman, F/V Arminta, Port Townsend, WA; Ozzie
Anderson, Owner/Operator, McClure Bay, LLC, Port Townsend,
WA; Karen Jurgensen, Chef Instructor, Seattle Culinary
Academy/Quillisascut Farm School, Seattle, WA; Blaise Holly,
President, Stormbird, LTD. (F/V Alaska), Port Townsend, WA;
Tele Aadsen, Owner/Fisherman, Nerka Sea Frozen Salmon,
Bellingham, WA; Brad Warren, Executive Director, National
Fisheries Conservation Center, Seattle, WA; Andrew Stout, Co-
Founder, Full Circle, Seattle, WA; Darren Gertler,
Environmental Educator, City of Watsonville, Soquel, CA;
Jessica Schuenemann, Co-Owner/President, Alder Wood Bistro,
Sequim, WA; Jonathan Moore, Owner/Fisherman, F/V Ocean Belle,
Port Townsend, WA; Austin Becker, Co-Chair, Slow Food
Seattle, Seattle, WA; Riley Starks, Partner/Fisherman, Lummi
Island Wild Co-op, Bellingham, WA; Pam Lanua Petranek,
Commercial Fisherman, Cape Cleare, Port Townsend, WA; Rick
Oltman, Owner/Fisherman, Cape Cleare Fishery, Port Townsend,
WA; Gabriel Schuenemann, Chef/Co-Owner, Alder Wood Bistro,
Sequim, WA; Charlie Hawkes, Owner/Fisherman, F/V Shake, Port
Townsend, WA; Nelly Hand, Owner/Fisherman, Drifters Fish,
Cordova, AK; Don Snow, President/CEO, Ocean Run Seafoods,
Inc., Newport, OR; Michael McCorkle, Commercial Fisherman,
SCTA, Santa Barbara, CA; Carolyn Faulk, CFO, F/V Aqua Leo,
Santa Cruz, CA; Joe Barrett, Owner/Fisherman, F/V
Westerner, Sequim, WA; Emily White, Co-Chair, Slow Food
Seattle, Seattle, WA; Greg Atkinson, Chef Proprietor,
Restaurant Marche, Bainbridge Island, WA; Rob Seitz,
Owner/Operator, F/V South Bay/South Bay Wild, Inc,
Astoria, OR; Joshua Abel, Owner, Catch Fly Fishing,
Imaginary Trout, Spokane WA; Dan Grogan, Owner,
Fisherman's Marine & Outdoor, Portland, OR; Ron Hiller,
President, Active Outdoors, Tigard, OR; Randy Woolsey, VP,
Tom Posey Co., Tigard, OR; Dan Parnel, President, Leisure
Sales, Auburn, WA.
Scott Weedman, Owner, 3 Rivers Marine, Woodinville, WA;
Jennie Logsdon Martin, Founder, Ifish, Tillamook, OR; Kevin
Newell, Total Fisherman Guide Service, Woodland, WA; Lacey
DeWeert, Total Fisherman Guide Service, Woodland, WA; Brad
Staples, Owner, Western Fishing Adventures Ltd., West Linn,
OR; Jarod Higginbotham, Yakima Bait Company, Granger, WA;
Steffen Gambill, Principle, Active Outdoors, Tigard, OR; Jim
Stewart, Owner, Ironwood Pacific Outdoors, Inc., Tigard, OR;
Craig Mostul, Sales, Stevens Marine, Milwaukie, OR; Herman
Fleishman, Owner, Northwest Fishing Adventures LLC, Tigard,
OR; Harry Bresnahan, Owner, Harry Bresnahan's Guide Service,
Woodland, WA; Rich & Susan Basch, Owners, Ollie Damon's,
Portland, OR; Jim Elliott, Retired, L.H French Co., Woodland,
WA; Michael O'Leary, Owner, Public Purposes LLC, Portland,
OR; Mike Borger, President, Catcher Co./Smelly Jelly,
Hillsboro, OR.
Steve Grutbo, Sales & Marketing Manager, Smokehouse
Products, LLC., Hood River, OR; Trey Carskadon, Director of
Marketing, O'Loughlin Trade Shows, Beaverton, OR; Earl Huff,
Retired, Eagle Cap Fishing Guides, Joseph, OR; John Kirby,
Ancient Mariner Guide Service, Bay City, OR; Michael Glass,
Owner, Oregon, Rod, Reel & Tackle, Eugene, OR; Alex Brauer,
Brand Director, Fish Marketing, Portland, OR; Greg Hublou,
Owner, Bayside Guided Adventures, Tillamook, OR; William
Jordan Keesler, Admin, Poulsen Cascade Tackle, Clackamas,
OR; Andy Walgamott, Northwest Sportsman Magazine, Tukwila,
WA; Tom Posey, Past President NSIA, Retired, Fishing
Tackle Manufacturers' Rep for NW and Alaska, Portland, OR;
Chris Vertopoulos, Owner, Northwest Angling Experience,
Portland, OR; Levi Strayer, General Manager, Smokehouse
Products, LLC, Hood River, OR; Zack Schoonover, Sales
Manager, Maxima USA, Hillsboro, OR; Dany Myers, Owner,
Northwest Solutions, Sammamish, WA; Skylen Freet, Owner,
Skylen Freet Guided Sportfishing LLC, Sandy, OR.
Jack Glass, Owner, Hook Up Guide Service, Sandy, OR; Gerald
Wooley, President and COO, Renaissance Marine Group, Inc.,
Clarkston, WA; Dave Strahan, Territory Sales Manager, Big
Rock Sports, Clackamas, OR; Don M. New, Owner, New Landing
Design, LLC, West Linn, OR; Matthew Schlecht, Owner, Bob's
Sporting Goods, Longview, WA; Bill Monroe Jr., Owner, Bill
Monroe Outdoors, LLC, Corbett, OR; Madelynn Sheehan, Author,
Fishing in Oregon, Flying Pencil Publications, Scappoose, OR;
John Daly, Owner, Fight Club Guided Fishing, Saint Helens,
OR; Gabe Miller, Buyer, Far West Sports, Fife, WA; Dan
Pickthorn, President, D & G Bait, Inc., Clackamas, OR; Cody
Clark, Fishing Buyer, Bob's Sporting Goods, Longview, WA; Rob
Bignall, Fishing Guide, Its All Good Guide Service, Sherwood,
OR; Cody Herman, Owner, Day One Outdoors, LLC, Hillsboro, OR;
Brent Hutchings, CEO, North River Boats, Roseburg, OR; Kelsey
Marshall, President, Grounds for Change, Poulsbo, WA;
Christian Zajac, Owner, F/V Serena May, Santa Cruz, WA.
____
Nez Perce Tribal
Executive Committee,
Lapwai, ID, October 11, 2017.
Nez Perce Tribe's Statement in Opposition to H.R. 3144.
(``A Bill to Provide for operations of the Federal Columbia River Power
System pursuant to a certain operation plan for a specified period of
time, and for other purposes.'')
The Nez Perce Tribe is committed to restoring salmon and
steelhead in the mainstem Columbia and lower Snake rivers to
healthy, harvestable populations for all citizens of the
Northwest and to fairly sharing the conservation burden,
consistent with the United States' 1855 Treaty with the Nez
Perce.
The Nez Perce Tribe opposes H.R. 3144 because it attempts
to short-circuit the federal judiciary and federal appellate
process with respect to providing additional spill to protect
fish. The Tribe also opposes H.R. 3144 because it attempts to
short-circuit the full consideration of all alternatives to
redress the impacts of the Federal Columbia River Power
System (FCRPS) dams on salmon and steelhead--including
breaching the four lower Snake River dams.
Congress, in the National Environmental Policy Act (NEPA)
and in the Endangered Species Act (ESA), established federal
decision-making that is grounded in a full and complete
analysis of all alternatives in an orderly, methodical and
science-based process. Both NEPA and the ESA ensure that all
the citizens of this Nation will have a full, accurate, and
transparent analysis of the importance of salmon and
steelhead to the Pacific Northwest and the Nation, the impact
the FCRPS dams have on these iconic species, and the legacy
we want to leave our future generations. And, both NEPA and
the ESA contain mechanisms so that tradeoffs can be
considered, investments in local communities impacted by
decisions can be planned, and truly informed decisions can be
made. H.R. 3144 runs counter to these foundational principles
of sound, consistent and sustainable governance.
____
August 23, 2017.
Dear Policymaker: The undersigned conservation, salmon,
orca, and clean energy advocacy organizations and business
associations extend our deep gratitude for your decision not
to co-sponsor H.R. 3144--recently introduced by several
Northwest representatives. In contrast to sponsor claims,
this bill, if passed, would thwart efforts to deliver
critical near-term protections for endangered wild salmon,
derail the court-ordered NEPA environmental review and
increase uncertainty for Northwest citizens and businesses.
We ask you to actively oppose this harmful legislation to
ensure that it does not become law.
Wild salmon and steelhead are a Northwest birthright. They
are essential to the culture and economy of our region's
Native American Tribes and support tens of thousands of non-
tribal fishing jobs in urban and rural communities on the
West Coast and in Idaho. Salmon also play an irreplaceable
ecological role as an indicator species reflecting the health
of our rivers and watersheds. Their presence benefits more
than 130 other species, including critically-endangered,
prey-deficient Southern Resident Orcas.
H.R. 3144 is based on misinformation, fails to recognize
the important role wild salmon and steelhead play for
Northwest communities and ecosystems, and would severely
undermine ongoing and much-needed protection efforts. If
passed into law, H.R. 3144 would reverse the May 2016 U.S.
District court decision that found the federal agencies' most
recent plan for managing federal dams on the Columbia and
Snake Rivers violated the Endangered Species Act and the
National Environmental Policy Act and would not protect wild
salmon and steelhead from extinction. Three different federal
judges have now rejected five consecutive Columbia Basin
salmon plans over the past two decades. This failure has cost
regional energy consumers and federal taxpayers more than $10
billion without recovering a single endangered salmon
population.
H.R. 3144 would lock in the inadequate and illegal 2014
Columbia Basin Biological Opinion, fatally stifle the court
order to complete a full, fair NEPA environmental review, and
prevent an increase in spring ``spill'' (water releases over
the tops of dams to improve survival of out-migrating
juvenile salmon) beginning in 2018. Ordered by the court
earlier this year and being collaboratively planned by the
parties to the litigation this summer, spill is widely
recognized by experts as our most effective immediate tool to
help endangered salmon while our region develops a new,
legally valid, scientifically-credible plan.
Salmon and fishing advocates share the frustration of many
stakeholders with this history of costly and ineffective
plans to revive culturally and economically important salmon
populations in the Columbia-Snake Basin. We are ready to work
with others in the region to develop a plan that protects and
recovers endangered salmon and steelhead while also meeting
the needs of affected interests. H.R. 3144, however, will not
move our region in that direction; rather it will move us
away from a real opportunity to craft a durable, responsible
solution.
Thank you again for your decision not to sponsor H.R. 3144.
We hope that you will actively oppose it and do everything
you can to prevent this bill from becoming law.
Sincerely,
Tom France, Pacific Regional Executive Director, National
Wildlife Federation. Missoula, Montana; Giulia Good Stefani,
Staff Attorney for the Marine Mammal Protection Project,
National Resources Defense Council, Mosier, Oregon; Robb
Krehbiel, Washington State Representative, Defenders of
Wildlife, Seattle, Washington; Wendy Gerlitz, Policy
Director, NW Energy Coalition, Portland, Oregon; Ben
Enticknap, Pacific Campaign
[[Page H3549]]
Manager & Senior Scientist, Oceana, Portland, Oregon; Bill
Arthur, Columbia-Snake River Salmon Caucus Chair, Sierra
Club, Seattle, Washington; Julian Matthews, Enrolled Nez
Perce Tribal member and Treasurer, Nimipuu Protecting the
Environment, Pullman, Washington; Liz Hamilton, Executive
Director, Northwest Sportfishing Industry Association,
Oregon City, Oregon; Jeremy Brown, President Coastal
Trollers Association, Bellingham, Washington; Thomas
O'Keefe, Ph.D, Pacific Northwest Stewardship Director,
American Whitewater, Seattle, Washington; Wendy McDermott,
Rivers of Puget Sound-Columbia Basin Director, American
Rivers, Bellingham, Washington; Noah Oppenheim, Executive
Director, Pacific Coast Federation of Fishermen's
Associations, San Francisco, California.
Howard Garrett and Susan Berta, Directors, Orca Network,
Whidbey Island, Washington State; Aaron Tam, Pacific
Northwest Organizer, Endangered Species Coalition,
Washington, D.C; Joseph Bogaard, executive director, Save Our
wild Salmon Coalition, Seattle, Washington; Kevin Lewis,
Executive Director, Idaho Rivers United, Boise, Idaho; Justin
Hayes, Program Director, Idaho Conservation League, Boise,
Idaho; Rich Simms, President, Wild Steelhead Coalition,
Seattle, Washington; Greg Haller, Conservation Director,
Pacific Rivers, Portland, Oregon; Mike Petersen, Executive
Director, The Lands Council, Spokane, Washington; Tom
VanderPlaat, President, Association of Northwest
Steelheaders, Milwaukie, Oregon, John DeVoe, Executive
Director, WaterWatch of Oregon, Portland Oregon; Ed Chaney,
Director, Northwest Resource Information Center, Eagle,
Idaho; Brian Brooks, Executive Director, Idaho Wildlife
Federation, Boise, Idaho.
Colleen Weiler, Rekos Fellow for Orca Conservation, Whale
and Dolphin Conservation, Corvallis, Oregon; Trish Rolfe,
Executive Director, Center for Environmental Law & Policy,
Seattle, Washington; Brett VandenHeuvel, Executive Director,
Columbia Riverkeeper, Hood River, Oregon; Grant Putnam,
President, Northwest Guides and Anglers Association,
Clackamas, Oregon; Andrea Matzke, Executive Director, Wild
Washington Rivers, Index, Washington; Miyoko Sakashita,
Oceans Director, Senior Counsel, Center for Biological
Diversity, Oakland, California; Bert Bowler, Director, Snake
River Salmon Solutions, Boise, Idaho; Gary MacFarlane,
Ecosystem Defense Director, Friends of the Clearwater,
Moscow, Idaho; Bob Sallinger, Conservation Director, Audubon
Society of Portland, Portland, Oregon; Michael Wells,
President, Clearwater-Snake Rivers Trout Unlimited, Moscow,
Idaho; Darilyn Parry Brown, Greater Hells Canyon Council, La
Grande, Oregon; Chris Wilke, Executive Director, Puget
Soundkeeper Alliiance, Seattle, WA; Whitney Neugebauer,
Director, Whale Scout, Bothell, Washington.
Mr. GRIJALVA. Mr. Speaker, I yield 4 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in
permitting me to speak on this and the elements that he just put into
the Record. These are tough issues.
The Bonneville Dam, one of the elements here, is in my district. I
have been involved with these issues, literally, for decades. I have
watched the give-and-take.
Part of what we are facing today is the legacy of our moving in to
create the Bonneville system without really knowing what we were doing
when we started. There was a rich fisheries existence. Rumor had it
that you could actually--people claimed you could walk across the backs
of the salmon when they were spawning.
The dams implemented, good for producing energy, not good for the
fishery system, both in terms of the river and the marine ecosystem
that depends on it.
And it is not just the commitment to the Endangered Species Act and
the environment. We are dealing here with commitments to Native
Americans who have been ill-served with their treaty rights. That is
one of the reasons why we have litigated this for years, because they
had valid treaty rights as a sovereign people, and the United States
violated them; and only recently, under the pressure of litigation,
were we responsive to their needs and some changes were made.
Now, it is not just the current Federal judge. We have had objections
through the Judiciary looking at some of the compromises that people
have made. I understand the political pressures. I watch it in terms of
the economy, in terms of transportation, in terms of Native Americans,
in terms of fish and wildlife, in terms of agricultural interests.
These are difficult and troublesome efforts, and there is no good
response because we have made more commitments than the mighty Columbia
River can deliver on. We treat it like a machine, and we have
difficulty reconciling it.
The judge in the case has found that the plan was wanting and has put
in place a system for the new BiOp. This legislation is not going to
stop litigation. If it passes, I will guarantee you, we will be back in
court, and I think there is a very strong likelihood that, rather than
moving it forward, it will delay it.
Look at the record in terms of the opponents to approaches like this
on how they have fared in court. It is not a good record.
Now, I would suggest strongly that we are better served by allowing
this process to go forward. Respect NEPA; respect the Endangered
Species Act; respect the process that is put in place; and look at all
the options.
Now, I am not saying tomorrow we are going to tear down Snake River
dams, but there are lots of options short of dam removal. When we start
taking things off the table, we limit our ability to meet our
responsibilities under the law and under our treaty obligations and,
candidly, in what is going to be in the best interest of solving a very
complex issue.
I would hope that we would reject this legislation not only because I
think it is ill-advised--I think it undercuts the environment, our
obligations to the Native Americans, that it will delay it rather than
accelerate it--but I think it provides a precedent that we don't want
to have. I don't think we want to have Congress intervening in the
midst of these processes.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. GRIJALVA. I yield the gentleman from Oregon an additional 1
minute.
Mr. BLUMENAUER. Mr. Speaker, when I look at what this Congress--
particularly, under Republican rule--has done trying to intervene to
supersede science, to have political decisions on things that really
deserve balance with the environment, with treaty rights, dealing with
the long-term perspective, it is not a very encouraging record.
I strongly urge that we side with environmentalist groups, with our
two Governors, with a number of us in the delegation to allow this
process to work and not undercut it and put us back in court. If so, I
will guarantee that we will be back here next year and the year after
that with things worse rather than better.
{time} 1530
Mr. BISHOP of Utah. Mr. Speaker, as one of the eight Tribes that
endorse this bill said: The BiOp exceeds requirements established by
the courts and by the ESA, and yet plaintiffs want more. The court
should uphold the 2008 BiOp.
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr.
Newhouse), speaking on behalf of the eight Tribes that endorse this in
his area.
Mr. NEWHOUSE. Mr. Speaker, I thank the chairman of the Natural
Resources Committee for yielding time to me.
Mr. Speaker, earlier this afternoon, I had the opportunity during
debate on the rule to rise and speak about this bill, as well as the
great coalition of constituents and stakeholders who have collaborated
to support H.R. 3144.
Some of the strongest voices are that of our local public utility
districts and rural electric cooperatives across the Pacific Northwest,
who have been immensely helpful in their advocacy and engagement of
this legislation.
Mr. Speaker, I include in the Record a stack of letters and
resolutions of support from these groups in Oregon, Idaho, and also my
home State of Washington. I would like to express my sincere gratitude
for their support as well.
Blachly-Lane Electric Co-op,
Eugene, OR, March 1, 2018.
Re Support H.R. 3144 to Protect the Northwest's Economy,
Environment, and ESA-Listed Salmon.
Dear Members of the Northwest Congressional Delegation:
Blachly-Lane Electric Cooperative joins Northwest
RiverPartners and our fellow northwest electric cooperatives
in thanking you for your bipartisan opposition to misguided
components of the President's FY19 budget proposal related to
the Bonneville Power Administration's transmission assets and
rates. We value that the delegation recognizes BPA's
transmission and power generation assets as a pillar of the
Northwest economy and critical to our region's carbon-free
electric energy production, and your united concern for
constituents in the region.
[[Page H3550]]
Your bipartisan commitment to protecting BPA's statutory
mission and the longevity of the Federal Columbia River Power
System allows us to ask you for support of H.R. 3144. The
bill will protect the region's access to renewable, carbon
free, and reliable federal hydropower while mitigating
hydropower impacts and protecting Endangered Species Act
listed salmon.
H.R. 3144 would allow the NEPA process to continue as the
Court has ordered, with a comprehensive and transparent
review of federal hydrosystem operations, while postponing
costly and potentially harmful experimental spill and hydro
operations in the interim.
BPA faces uncertainty as escalating fish and wildlife costs
and related litigation negatively impact its power rates.
Keeping BPA sound and competitive serves to shield the agency
from political attacks coming from outside the region. H.R.
3144 provides vital near-term certainty by temporarily
retaining the federal hydrosystem operations plan supported
by both the Bush and Obama Administrations that was
extensively vetted by independent scientists, only until an
ongoing NEPA review process concludes in 2021.
BPA estimates the Court-ordered spill experiment could cost
its power customers an estimated $40 million this year. NOAA
Fisheries' Science Center modeling shows this additional
spill would provide little or no added benefits to protected
juvenile salmon or returning adults. The costs of this
experiment to our electric cooperative members are far too
great, and the outcome to fish far too negative.
If that isn't enough, the spill operations will add 840,000
metric tons of carbon emissions by removing 815 megawatts of
carbon-free federal hydrosystem generation and replacing it
with fossil fuels. This large loss of hydroelectric
generation simply can't be replaced by increasing efficiency,
intermittent wind or solar resources. The Court-ordered spill
undermines Oregon and Washington's progress toward our
carbon-reduction goals.
Your support of H.R. 3144 will keep scientifically
recognized ESA-listed salmon protection measures in place
while allowing a rational, deliberative NEPA process to
generate credible data for future potential dam operations
and salmon-management strategies. H.R. 3144, contrary to
critics' statements, will simply allow for a much-needed
``time out'' from over 20 years of litigation and allow the
federal agencies to focus their limited resources on
conducting the best NEPA process possible to comply with the
court's order.
Also know that the region is not in agreement on the Court-
ordered 2018 spill operations. The federal Action Agencies
(BPA, Army Corps, and Bureau of Reclamation), RiverPartners,
Idaho, Montana, Confederated Tribes of the Colville, the
Kootenai Tribe of Idaho, and the Salish-Kootenai tribe, have
appealed the ruling to the Ninth Circuit. The Court-ordered
spill would abandon federal agencies' best science and
expertise in favor of dictating from the bench an operational
``experiment'' for the complex and crucial federal
hydrosystem. That is not a proper role for any Court.
We urge members of the delegation to support this
commonsense bill with a continued bipartisin spirit. Your
leadership is imperative to keep BPA's hydropower generation
assets affordable and to improve the agency's competitiveness
as quickly as possible. Without a competitive product to
transmit over the wires, BPA will be challenged to meet its
important statutory obligations of providing power and
protecting fish and wildlife.
Passage of H.R. 3144 is critical to help avoid BPA's
current perilous trajectory and further harm to the
fisheries. Modest, practical action now will help BPA avoid
the economic cliff it faces. To wait and later bail out the
agency could impose enormous costs on regional ratepayers and
taxpayers.
Thank you for your time and thoughtful consideration of one
of the most crucial issues facing the Northwest in years.
Sincerely,
Joe Jarvis,
General Manager.
____
Northern Lights, Inc.,
Sagle, ID, March 9, 2018.
Dear Senator Risch: Northern Lights, Inc. strongly supports
H.R. 3144, bipartisan legislation that protects the
Northwest's access to renewable, clean and reliable federal
hydropower while mitigating hydropower impacts and protecting
ESA listed salmon. We urge you to advance H.R. 3144 as part
of the Fiscal Year 2018 appropriations bill or any other
legislation considered this Congress.
BPA is in a precarious financial situation with a rate
trajectory that is unsustainable. If this unsettling trend
continues, BPA will not be competitive with alternative power
supply choices in the region when it seeks customer contract
renewal in 2028. While we greatly value the carbon free,
flexible hydropower resources that BPA provides, as an
electric cooperative, we have a responsibility to deliver
power to our members at an affordable rate whether that comes
from BPA or elsewhere.
Although BPA's power rates are influenced by a variety of
cost-drivers, one of the largest variables is fish and
wildlife program costs. Along these lines, we are
particularly concerned about ESA-driven litigation over
federal hydro system operations that has plagued our region
for almost 20 years. Most recently, as a result of legal
proceedings in the U.S. District Court for the District of
Oregon, a federal judge has ordered a spill experiment that
could cost BPA power customers an estimated $40 million just
this year. Yet federal modeling shows that this additional
spill would provide little or no added benefit to protected
juvenile salmon or returning adults. This is particularly
troubling to a consumer-owned power community that remains
committed to funding the largest mitigation for threatened
species in the nation.
As stewards of the Columbia River, it is our collective
responsibility to get off the sidelines and identify
practical solutions to tough problems. H.R. 3144 is just
that, it would provide much needed relief from the endless
litigation by temporarily keeping in place a 2014 biological
opinion built on the best available science from two
consecutive Administrations (Bush and Obama). We are pleased
that this biological opinion has resulted in improved salmon
survival at dams due to changes in operations and the
installation of new fish passage technologies. Retaining the
2014 biological opinion also allows the federal agencies to
focus on the court-ordered NEPA environmental review process
without being distracted by litigation.
Let's take a time out from the courtroom and rally around a
practical solution. On behalf of Northern Lights, Inc. we
urge you to support H.R. 3144.
Sincerely,
Annie Terracciano,
General Manager,
Northern Lights, Inc.
____
Salmon River
Electric Cooperative, Inc.,
Challis, ID, August 25, 2015.
Dear Members of the Northwest Congressional Delegation:
This letter is submitted by Salmon River Electric
Cooperative, Inc. We are a small rural electric cooperative
located in central Idaho. We distribute electricity to 2700
electric accounts over eight hundred miles of distribution
lines. Our economy is made up of ranching and agriculture,
mining, recreation and tourism, and public land management.
Ninety-eight percent of the lands around us are public lands.
This leaves very little tax base to operate our local
economies. Low cost, clean, environmentally safe and carbon
free, and reliable electricity has been and will remain
critical to the lives of our member owners. We were pleased
to see the congressional delegation recently join together in
a bipartisan manner to oppose ill-advised components of the
President's FY19 budget proposal related to the Bonneville
Power Administration's (``BPA'') transmission assets and
rates. At a time defined by partisan rancor, it is refreshing
that our elected officials are able to unite to protect
constituents in the region and recognize that BPA's
transmission and power generation assets are the backbone of
the Northwest economy and the mainstay of our region's
carbon-free electric energy production.
This ongoing bipartisan commitment to protecting BPA's
statutory mission and the longevity of the Federal Columbia
River Power System (``FCRPS'') is why we are asking you to
support legislation introduced in the House (H.R. 3144) that
would protect the region's access to renewable, carbon free,
and reliable federal hydropower while mitigating hydropower
impacts and protecting Endangered Species Act (``ESA'')
listed salmon. This commonsense legislation temporarily keeps
in place a federal hydrosystem operations plan supported by
both the Bush and Obama Administrations. and was extensively
vetted by independent scientists, only until an ongoing NEPA
review process is concluded in 2021. H.R. 3144 would allow
the NEPA process to continue as the Court has ordered, with a
comprehensive and transparent review of federal hydrosystem
operations, while postponing costly and potentially harmful
experimental spill and hydro operations in the interim.
Sincerely,
Ken Dizes.
____
Benton PUD,
March 13, 2018.
Re Support H.R. 3144.
Dear Members of the Washington State Congressional
Delegation: On behalf of Benton PUD customers, we urge you to
support H.R. 3144 that protects the hydro system and the
benefits it brings to the region through clean, renewable and
affordable power.
H.R. 3144 provides relief in the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current Biological Opinion that has
been vetted and supported by previous presidential
administration's top scientists and resulted in wild salmon
numbers trending significantly upward due to changes in
operations and the installation of new passage technologies.
Over the years of the operation of the Federal Columbia
River Power System (FCRPS), Northwest electric ratepayers
have invested over $16 billion on infrastructure and fish
enhancement efforts. We are appreciative of the countless
efforts that have already been made within the FCRPS
operations to improve juvenile fish passage survival.
H.R. 3144 allows the court ordered NEPA process to continue
with a comprehensive and transparent review of federal
hydrosystem operations, while postponing costly and
potentially harmful experimental spill operations in the
interim.
[[Page H3551]]
As Commissioners of public utilities located in the heart
of the Northwest, we strongly believe that we can achieve our
goal to balance the needs of healthy salmon and steelhead
populations with the imperative to preserve a valuable
hydropower system that is integral to our region's quality of
life. To do so, we must provide stability and certainty to
management of the FCRPS and fish recovery efforts.
The legislation is needed to protect the Snake River dams
and the renewable, carbon-free, affordable and reliable
hydropower provided to our customers and the customers across
the region.
Sincerely,
Commissioner Barry Bush.
Commissioner Lori Sanders.
Commissioner Jeff Hall.
____
Resolution No. 2413
(July 25, 2017)
SUPPORTING H.R. 3144 FEDERAL LEGISLATION ADDRESSING THE FEDERAL
COLUMBIA RIVER POWER SYSTEM BIOLOGICAL OPINION
Whereas, Customers of Public Utility District No. 1 of
Benton County, Washington, hereinafter referred to as ``the
District'', receive 77 percent of their electricity from the
Federal Columbia River Power System (FCRPS); and
Whereas, Hydropower provides 70 percent of Washington
State's renewable, affordable and reliable electricity and 60
percent of the Pacific Northwest's electricity with the
majority of the power produced by the FCRPS; and
Whereas, Hydroelectric dams also provide many benefits to
the region, including flood control, navigation, irrigation,
and recreation; and
Whereas, Federal legislation requires the federal agencies
responsible for the management of the FCRPS (Bonneville Power
Administration (BPA), Army Corps of Engineers, Bureau of
Reclamation) to operate the hydro system in compliance with
the Biological Opinion (BiOp) approved by NOAA Fisheries in
2008/2010 and supplemented in 2014; and
Whereas, The FCRPS BiOp has successfully improved fish runs
including 97 percent of young salmon successfully making it
past the dams proving that both dams and fish can coexist;
and
Whereas, BPA has spent $15.28 billion in total spending on
infrastructure and fish mitigation projects since 1978; and
Whereas, Despite the success of the current FCRPS BiOp, in
March 2017, the United States District Court for the District
of Oregon (Court) directed the federal agencies to undertake
a comprehensive review of hydro operations under the National
Environmental Policy Act (NEPA) and strongly urged the
federal agencies to include analysis of the removal, bypass
or breaching one or more of the four lower Snake River dams;
and
Whereas, H.R. 3144, ``To provide for operations of the
Federal Columbia River Power System pursuant to a certain
operation plan for a specified period of time'', was
introduced in the United States House of Representatives to
ensure the FCRPS BiOp remains in effect until 2022;
Whereas, The federal legislation would continue federal
hydro operations through September 30, 2022, or until the
court-ordered, comprehensive environmental NEPA process
concludes, a new BiOp is in place, and judicial review is
complete; and
Whereas, The federal legislation would prohibit studies,
plans or structural modifications at the dams which would
impair hydroelectric power generation or navigation on the
Columbia River.
Now, therefore be it hereby resolved That the Commission of
Public Utility District No. 1 of Benton County, Washington,
(``District'') supports federal legislation H.R. 3144
introduced to ``provide for operations of the Federal
Columbia River Power System pursuant to a certain operation
plan for a specified period of time'';
Be it further resolved that the District supports this
legislation as it:
1. Offers a creative solution that is good for both listed
salmon and the economy of the Northwest and Benton County.
2. Provides relief in the endless litigation of federal
hydro system operations by directing the federal agencies to
implement the current federal salmon plan, known as the 2014
Supplemental BiOp. This BiOp was vetted and supported by the
previous presidential administrations' top scientists and has
resulted in wild salmon numbers trending significantly upward
due to changes in operations and the installation of new
passage technologies.
3. Provides time for the federal agencies to complete the
court-ordered NEPA environmental review process analyzing
federal hydro system operations and focuses the general
agencies limited resources on getting that process right.
Without the legislation, the agencies would be compelled to
author a new 2018 BiOp without the benefit of the new science
and public input provided by the comprehensive NEPA review.
4. Avoids experiments or spill tests at the eight Columbia
and Snake River dams, and studies and modifications at the
dams which would restrict electrical generation, which would
create uncertainties in BPA's power costs and supply and
raise Northwest electric customers' rates.
Adopted at an open meeting as required by law this 25th day
of July, 2017.
____
United Electric co-op inc.,
Washington, DC, February 27, 2018.
Re H.R. 3144 To provide for operations of the Federal
Columbia Power System pursuant to a certain operation
plan for a specified period of time, and for other
purposes.
Dear Senator Risch: On behalf of the membership of United
Electric Co-op, Inc. (United Electric), I am once again
writing to seek your support to help pro-actively preserve
the economic value of the Federal Columbia River Power System
and its multiple uses: flood control, power generation,
irrigation, navigation and commerce and recreation. United
Electric serves 6,400 meters in portions of Minidoka and
Cassia counties in Southern Idaho and purchases its wholesale
power supply from the Bonneville Power Administration.
As you know, the Bonneville Power Administration has been
plagued by litigation over the biological opinion which has
been vetted through three administrations and was updated in
2014 by the Obama Administration, referred to as the 2014
Supplemental Biological Opinion. Judges in Oregon have
ignored science, the experts in the industry, and NOAA's top
scientists in what appears to be agenda driven rulings.
This common sense legislation temporarily keeps in place
the 2014 Biological Opinion's hydro system operations and
allows the court ordered NEPA process to continue with a
comprehensive and transparent review, while postponing costly
and potentially harmful experimental spill operations in the
interim.
Please see the attached Resolution adopted by the Board of
Directors of United Electric in support of H.R. 3144. United
Electric supports the proposed legislation and encourages you
to join the bipartisan effort. H.R. 3144 is very important
legislation to the Pacific Northwest's public power,
agriculture, inland port and business communities.
Thank you,
Jo Elg,
General Manager.
____
Resolution
(October 23, 2017)
Supporting H.R. 3144 Federal Legislation Addressing Federal Columbia
River Power System Biological Opinion
Whereas, Members of United Electric Co-op, Inc., Idaho,
receive 94% percent of their electricity from the Federal
Columbia River Power System (FCRPS); and
Whereas, Hydropower provides 60 percent of the Pacific
Northwest's renewable, affordable and reliable electricity
which the majority of it is produced by the FCRPS; and
Whereas, hydroelectric dams also provide many benefits to
the region, including irrigation, flood control, navigation,
and recreation: and
Whereas, federal legislation requires the federal agencies
responsible for the management of the FCRPS (Bonneville Power
Administration (BPA), Army Corps of Engineers, Bureau of
Reclamation) to operate the hydro system in compliance with
the FCRPS Biological Opinion (BiOp) approved by NOAA
Fisheries in 2008/2010 and supplemented in 2014, and
Whereas, The FCRPS BiOp has successfully improved fish runs
including 97% of young salmon successfully making it past the
dams proving that both dams and fish can coexist; and
Whereas, BPA has spent $15.28 billion in total spending on
infrastructure and fish mitigation projects since 1978; and
Whereas, Despite the success of the current FCRPS BiOp, in
March 2017, the United States District Court for the District
of Oregon (Court) directed the federal agencies to undertake
a comprehensive review of hydro operations under the National
Environmental Policy Act (NEPA) and strongly urged the
federal agencies to include analysis of the removal, bypass
or breaching one or more of the four lower Snake River dams;
and
Whereas, H.R. 3144, ``To provide for operations of the
Federal Columbia River Power System pursuant to a certain
operation plan for a specified period of time'', was
introduced in the United States House of Representatives to
ensure the FCRPS BiOp remains in effect until 2022, and
Whereas, The federal legislation would continue federal
hydro operations through September 30, 2022 or until the
court-ordered, comprehensive environmental NEPA process
concludes, a new Biological Opinion is in place and judicial
review is complete, and
Whereas, The federal legislation would prohibit studies,
plans or structural modifications at the dams which would
impair hydroelectric power generation or navigation on the
Columbia and Snake Rivers; and
Now, therefore be it hereby resolved by the Board of
Directors of United Electric Co-op, Inc., Idaho, supports the
federal legislation identified as H.R. 3144 which was
introduced to provide for operations of the Federal Columbia
River Power System pursuant to a certain operation plan for a
specified period of time;
Be it further resolved that United Electric supports this
legislation as it:
1. Offers a creative solution that is good for both listed,
salmon and the economy of the Northwest and Cassia and
Minidoka Counties.
2. Provides relief in the endless litigation of federal
hydro system operations by directing the federal agencies to
implement the
[[Page H3552]]
current federal salmon plan, known as the 2014 Supplemental
BiOp. This BiOp was vetted and supported by the Obama
Administration's top scientists and has resulted in wild
salmon numbers trending significantly upward due to changes
in operations and the installation of new passage
technologies.
3. Provides time for the federal agencies to complete the
court-ordered NEPA environmental review process analyzing
federal hydro system operations and focuses the general
agencies limited resources on getting that process right.
Without the legislation, the agencies would be compelled to
author a new 2018 BiOp without the benefit of the new science
and public input provided by the comprehensive NEPA review.
4. Avoids experiments or spill tests at the eight Columbia
and Snake dams, and studies and modifications at the dams
which would restrict electrical generation, which would
create uncertainties in BPA's power costs and supply and
raise Pacific Northwest electric customers' rates.
Adopted as a non-binding Resolution for the purposes
recited herein at a regularly scheduled meeting of the Board
of Directors this 23rd day of October, 2017.
Mr. NEWHOUSE. Mr. Speaker, many advocates for the environmental lobby
claim to be pro-science, but it is clear that far too often they only
rely on that science when it is convenient.
The spill order mandated by this judge could have harmful effects on
the very fish species the BiOp was created to protect, and yet my
colleagues in opposition to this bill say that we are the ones trying
to hurt the fish.
Federal agencies and scientific experts warn of the risks these spill
mandates can place on the fish. We should listen to these experts. We
should support science. Now is not the time to be pushing ideology. Now
is the time to be pushing pro-science pragmatism to both save our
salmon and save our dams.
Mr. GRIJALVA. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Lowenthal), the ranking member of the Natural Resources
Committee.
Mr. LOWENTHAL. Mr. Speaker, endangered salmon are not the only
species that H.R. 3144 puts at risk. By removing critical protections
for salmon runs, this bill would also push one of our most treasured
whale species closer to extinction.
As pointed out by Congresswoman Tsongas, the Southern Resident killer
whales are critically endangered. In fact, there are only 76 of them
that are left. These whales depend upon healthy and abundant salmon
populations for survival. More than 50 percent of their diet comes from
Chinook salmon in the Columbia River basin. Without access to these
wild salmon populations, Southern Resident killer whales are literally
starving to death.
In order to save both of these iconic species, we cannot undermine
important habitat restoration efforts or improvements in dam
operations, both of which are essential to promoting survival in the
river systems where these salmon spawn. Unfortunately, H.R. 3144 would
do just the opposite.
In addition, the Southern Resident killer whales provide immense
economic benefits to the Pacific Northwest. Whale watching is a major
tourist attraction in Washington and has contributed an additional $65
million to the State's economy each year.
Losing these killer whales would not only have an irreversible effect
on the marine ecosystem, it would be a huge blow to the tourism
industry and to the local businesses that rely on their survival.
H.R. 3144 may be known as the Salmon Extinction Act, but, frankly, we
should tack on Southern Resident killer whales to that name. Without
access to waters beyond the Snake River dams, salmon populations will
continue to plummet, and without salmon, the Southern Resident killer
whales will die.
The fate of both these species rests in our hands. I urge my
colleagues to stand with me and stand with the whales and vote against
H.R. 3144.
Mr. BISHOP of Utah. Mr. Speaker, unfortunately, NOAA did a study
which simply said that the hatchery production of salmon in this area
more than offsets any loss that comes from the dams. So even though we
have this issue of an endangered species trying to eat another
endangered species, which one are we going to support.
I yield 2 minutes to the gentleman from Colorado (Mr. Lamborn), who
is a member of our committee who understands this particular issue.
Mr. LAMBORN. Mr. Speaker, I thank the gentleman from Utah for his
leadership.
Mr. Speaker, H.R. 3144, introduced by Mrs. McMorris Rodgers of
Washington, was considered by the subcommittee I chair, Water, Power,
and Oceans. It looks to provide certainty and reliability to the
Federal Columbia River Power System in the Pacific Northwest. This
system includes four large dams in the lower Snake River in Washington
State that provide the region with a number of benefits, including
renewable emission-free hydropower.
Despite all of these benefits, the power system has been mired in
third-party litigation for decades. Some litigious groups have focused
their efforts on removing the four dams in the Lower Snake under the
false assumption that it will improve endangered species. In reality,
however, these dams already have survival rates for salmon in the upper
90th percentile.
Most recently, a Federal court ordered round-the-clock spillover of
the Columbia and Snake River dams that went into effect last week.
These additional spills will do little to help the fish species, and in
reality, do nothing more than leave the region's ratepayers to foot a
spill surcharge estimated to cost up to $40 million per year.
This bill ensures that the power system is operated in accordance
with the current operations plans until certain reasonable targets are
met. It was found to be legally and scientifically sound by the Obama
administration, and has resounding support among stakeholders in the
region.
We need to ensure that science is guiding the operations of the power
system and not judicial orders and special interest ideologies. We need
a consensus approach by local stakeholders, not a mandate imposed by
judicial fiat.
This bipartisan bill is supported by trade unions, the Farm Bureau,
regional stakeholders, and a number of public utility districts.
Mr. Speaker, I urge my colleagues to support this good piece of
legislation.
Mr. GRIJALVA. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Huffman), vice ranking member of the
Natural Resources Committee.
Mr. HUFFMAN. Mr. Speaker, I thank the gentleman from Arizona for
yielding me time.
Mr. Speaker, today we are being asked to pass yet another bill that
undermines the Endangered Species Act and accelerates the extinction of
our Nation's fish and wildlife.
Specifically, H.R. 3144, the Salmon Extinction Act, undermines
protections for several runs of wild salmon and steelhead in the
Pacific Northwest.
The Northwest's iconic salmon runs are extremely important to
commercial, recreational, and Tribal fishing interests across the
country.
My Republican colleagues are pushing this bill even though the
region's salmon runs are currently at crisis levels.
Recently, we have even seen reporting that, for the first time,
Federal scientists who were surveying Northwest salmon populations came
up with empty nets.
And yet, here we are today, advancing a bill that will do nothing but
accelerate our Nation's existing salmon declines.
The bill also represents a troubling attack on the legal process. If
enacted, it would overturn legally sound court decisions simply because
the bill's sponsors don't like them.
Instead of following the law, this bill forcibly mandates the use of
an outdated illegal salmon recovery plan for the Federal Columbia River
Power System.
The recovery plan in question has clearly been found by the courts to
violate the law and the Endangered Species Act. It is illegal, and
Congress, through this bill, would be saying: Do it anyway.
I should note that this bill also undermines one of our Nation's
other bedrock environmental laws, the National Environmental Policy
Act, or NEPA, by barring a host of actions that could potentially
recover this region's salmon runs, which are currently, again, on the
brink of extinction.
The sponsor of this bill and I do agree on one thing, however. When
talking about this bill, Representative McMorris Rodgers recently said
that dams and fish can coexist, and I too think that is possible.
[[Page H3553]]
The debate here is not about dams versus no dams. The debate is about
striking the appropriate balance between responsible hydropower
development and sound fisheries protection.
For too long, there has been an imbalance when we consider these
issues. Our country built thousands of dams in the 20th century before
we even realized the harm that can be caused to our Nation's fisheries.
So today, we are left with many legacy, low-value dams that don't
justify their cost and their impacts to our Nation's fishery and
natural resources.
So as we consider what to do about these older, low-value dams, our
decision making must be guided by the best available science and a
consideration of all available options, not what politicians in
Congress want.
Unfortunately, this bill takes us in the wrong direction by blocking
responsive science-based fisheries management. It would actually lock
in a disastrous status quo until at least the year 2022; a status quo
that is expensive, illegal, and inadequate; an approach that causes
great harm to wild salmon, struggling fishing communities, Tribes, and
energy consumers. The status quo is not working.
This bill says: Keep doing it anyway.
It is time for Federal agencies to pursue new, innovative solutions
that are better for both fisheries and hydropower generation. This bill
pushes a one-sided divisive approach that will only cause further harm.
That is why it is opposed by the Governors of both Washington and
Oregon, by Tribal interests, by hundreds of businesses that depend on
healthy salmon runs, and also by numerous conservation organizations.
Mr. Speaker, I urge my colleagues to vote ``no.''
Mr. BISHOP of Utah. Mr. Speaker, I yield 5 minutes to the gentleman
from Arizona (Mr. Gosar).
Mr. GOSAR. Mr. Speaker, I rise in support of the bill offered by
Congresswoman McMorris Rodgers.
This is a great piece of legislation that supports smart
hydroelectric operation, a stable and integrated energy grid, and above
all, reinforces that the United States Congress has a vested interest
in ensuring it, Congress, rather than the judiciary, promulgates
Federal policy.
H.R. 3144 keeps in place the operational plan, developed by consensus
through multiple agency processes and based in the best available
science, for four dams in Washington State which have wrongfully come
under siege recently due to an arbitrary court order by a judge in
Oregon.
In general, continuing to lean on hydropower as a long-term component
of our Nation's electrical grid is an absolute no-brainer. Hydropower
is a clean source of energy, and its reliability and cost effectiveness
are just a few of the reasons it enjoys the stature it has today.
It needs to maintain that stature, including the requirement of
careful science-based policy crafting when changes to hydroelectric
policy are in question if we are to guarantee a reliable energy future
for our country.
But if overzealous special interest groups have their way, we would
immediately begin deconstructing and destroying all our dams across the
country. To their mindset, dams are not natural parts of the landscape
and, therefore, represent a most serious threat to the planet. To them,
changes to the natural landscape are anathema, despite the fact that
the only real constant on our planet and in the environment is change
itself.
The judges's order in this case in question is, unfortunately, in
keeping with this very same mindset. This is not a stretch to say
because he, in fact, fails to rely on the only available and complete
science that informed past decisions concerning the Federal Columbia
River Power System.
These past decisions, keep in mind, included the Obama
administration's green-lighting of the current operation plan in 2014
that the judge seeks to overturn with his spill order.
What the judge did in this case was to take it upon himself to depart
from agency consensus based on sound science and ordered changes to the
operation plan of the power system just because he wanted to.
He ordered this major policy change first, which will cost
electricity customers in the region $40 million annually, by the way,
and pegged future changes to the outcome of a NEPA review which is just
getting underway.
But the only grounds for so radical a policy change would be if the
NEPA review in question called for those changes when it is finally
finished. The judge doesn't know what the outcome of the NEPA review
will be, obviously, because it is still being conducted.
{time} 1545
He made his decision without basis, and now the country is supposed
to pay for it. Some of my colleagues on the other side of the aisle
constantly rail about how they oppose bills and proposals and prevent
the National Environmental Policy Act review process from being carried
out.
H.R. 3144 also allows continuation of a court-ordered national NEPA
review process. If my colleagues practice what they preach, then they
would support this bill as it allows the NEPA review process to be
carried out. Congress has an obligation to remind everyone involved
that we are the constitutionally authorized policymakers and that we
choose to make policy and require agency decisionmaking on the basis of
sound science.
This bill will keep the current operation plan in place until 2022,
unless the NEPA process review finishes first, at which point the NEPA-
supported plan would commence. This bill abides by the proper statutory
NEPA process, even though the judge's order fails to do that.
As stated by the Public Power Council, H.R. 3144 allows a court-
ordered NEPA process to continue without avoiding a costly and
potentially harmful spill experiment. The fear is that without this
legislation, a spill regime will be put in place that increases
regional power costs while providing no apparent benefit to the fish it
purports to help.
What is perhaps most crucial to keep in mind during this whole debate
is the broader significance of this bill to any Member who has a major
public works infrastructure operating in their district. Without this
bill, it is possible that this judge's terrible precedent could stand.
At that point, nothing stands in the way of an activist judge across
the country waking up one day and deciding to put a halt to a whole
slew of public works infrastructures which makes this country tick.
H.R. 3144 is absolutely necessary to establish congressional intent.
Sound process must win the day over the capriciousness of any given
activist judge or his political leanings.
Mr. Speaker, I include in the Record letters of support from the
local public utility districts on behalf of H.R. 3144.
Pend Oreille County
Public Utility District,
Newport, WA, April 24, 2018.
Hon. Cathy McMorris-Rodgers,
Hon. Dan Newhouse,
House of Representatives, Washington, DC.
Dear Representatives McMorris-Rodgers and Newhouse: On
behalf of the Public Utility District No. 1 of Pend Oreille
County we greatly appreciate the support you have shown for
hydropower and, more specifically, the Federal Columbia River
Power System (FCRPS) with the recent introduction of H.R.
3144. This bill supports the hydro system and the many
benefits it brings to the region through renewable, reliable
and affordable power.
Despite the success of the current FCRPS Biological Opinion
(BiOp), the plan has been rejected with a ruling that all
options need to be reviewed including breaching or removing
one or more of the four Snake River dams.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science, has
been vetted by stakeholders and was formally approved by the
Obama administration. Implementation of the BiOp has
successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
The Bonneville Power Administration has spent over $15
billion on infrastructure and fish mitigation projects since
1978. These improvements and mitigation measures are paid for
by our customers through their electric bills. Their bills
are already higher by at least 15 percent for fish mitigation
programs. The ``spill test'' ordered by the judge will be an
additional cost that will result in higher electric bills for
Northwest families and businesses and likely to be more
detrimental to the fish runs than helpful. Your legislation
will bring an end to the wasteful activities.
This is particularly important for Pend Oreille PUD as our
largest industrial customer Ponderay Newsprint is a large
consumer of BPA power for its operations. The
[[Page H3554]]
unnecessary spending and additional mitigation costs continue
to put jobs at stake in our rural communities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead.
Sincerely,
F. Colin Willenbrock,
General Manager.
____
Wahkiakum PUD,
Cathlamet, WA, April 23, 2018.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: On behalf of the Public
Utility District No. 1 of Wahkiakum County we greatly
appreciate the support you have shown for hydropower and,
more specifically, the Federal Columbia River Power System
(FCRPS) with the recent introduction of H.R. 3144. This bill
supports the hydro system and the many benefits it brings to
the region through renewable, reliable and affordable power.
Despite the success of the current FCRPS Biological Opinion
(BiOp), Judge Simon, U.S. Western District, Court of Oregon,
rejected the plan and ruled all options need to be reviewed
including breaching or removing one or more of the four Snake
River dams.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science, has
been vetted by stakeholders and was formally approved by the
Obama administration. Implementation of the BiOp has
successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
The Bonneville Power Administration has spent over $15
billion on infrastructure and fish mitigation projects since
1978. These improvements and mitigation measures are paid for
by our customers through their electric bills. Their bills
are already higher by at least 15 percent for fish mitigation
programs. The ``spill test'' ordered by the judge will be an
additional cost that will result in higher electric bills for
Northwest families and businesses and likely to be more
detrimental to the fish runs than helpful. Your legislation
will bring an end to the wasteful activities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead.
Sincerely,
David R. Tramblie,
General Manager.
____
Douglas County Public
Utility District,
East Wenatchee, WA, April 24, 2018.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: On behalf of Douglas County
PUD we greatly appreciate the support you have shown for
hydropower and, more specifically, the Federal Columbia River
Power System (FCRPS) with the recent introduction of H.R.
3144. This bill supports the hydro system and the many
benefits it brings to the region through renewable, reliable
and affordable power.
Despite the success of the current FCRPS Biological Opinion
(BiOp), Judge Simon, U.S. Western District, Court of Oregon,
rejected the plan and ruled all options need to be reviewed
including breaching or removing one or more of the four Snake
River dams.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science, has
been vetted by stakeholders and was formally approved by the
Obama administration. Implementation of the BiOp has
successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
The Bonneville Power Administration has spent over $15
billion on infrastructure and fish mitigation projects since
1978. These improvements and mitigation measures are paid for
by our customers through their electric bills. Their bills
are already higher by at least 15 percent for fish mitigation
programs. The ``spill test'' ordered by the judge will be an
additional cost that will result in higher electric bills for
Northwest families and businesses and likely to be more
detrimental to the fish runs than helpful. Your legislation
will bring an end to the wasteful activities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead.
Sincerely,
Gary R. Ivory,
General Manager.
____
Representative Newhouse: I wanted to reiterate to you one
more time how important the bill you co-sponsored, H.R. 3144,
is to Franklin PUD and our customers. We hope the bill gains
positive traction this week and advances to the House Floor.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science, has
been vetted by stakeholders and was formally approved by the
Obama administration. Implementation of the BiOp has
successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
The Bonneville Power Administration has spent over $15
billion on infrastructure and fish mitigation projects since
1978. These improvements and mitigation measures are paid for
by our customers through their electric bills. For Franklin
PUD customers, their bills are already higher by at least 15-
18 percent for fish mitigation programs. The ``spill test''
ordered by the judge will be an additional cost that will
result in higher electric bills for Northwest families,
businesses, and Franklin PUD customers, and is likely to be
more detrimental to the fish runs than helpful. Your
legislation will bring an end to the wasteful activities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead. Thanks again for coming to the Tri-Cities
this month to hear our customers issues regarding ag,
irrigation and fish, that are all impacted by the continuance
of this spill that is not required.
Debbie Bone-Harris,
Sr. Manager, Public Affairs,
Franklin PUD.
____
Resolution No. 8860
A RESOLUTION SUPPORTING H.R. 3144 FEDERAL LEGISLATION ADDRESSING
COLUMBIA RIVER POWER SYSTEM BIOLOGICAL OPINION
Recitals
1. The state of Washington is the leading U.S. producer of
hydropower, routinely contributing more than one-fourth of
the nation's total net hydroelectric generation;
2. Hydropower accounts for between two-thirds and four-
fifths of Washington's electricity generation, providing
renewable and inexpensive electricity to the region's farms,
homes, businesses, schools and industries;
3. The Bonneville Power Administration (BPA), U.S. Army
Corps of Engineers and the Bureau of Reclamation are
responsible for the management of the Federal Columbia River
Power System (FCRPS) in compliance with the Biological
Opinion (BiOp) approved by NOAA Fisheries in 2008/2010 and
supplemented in 2014;
4. The FCRPS BiOp has helped to improve fish runs,
including 97% of young salmon successfully making it past the
federal dams, demonstrating that both renewable hydropower
and fish can coexist;
5. Despite the success of the current FCRPS BiOp, in March
2017, the United States Court for the District of Oregon
directed the federal agencies to undertake a comprehensive
review of hydro operations under the National Environmental
Policy Act (NEPA) and strongly urged the federal agencies to
include analysis of the removal, bypass or breaching one of
more of the four lower Snake River hydropower dams;
6. Bipartisan legislation, H.R. 3144, provides a creative
solution to the endless litigation over federal hydro system
operations by directing the federal agencies to implement the
current federal salmon plan, known as the 2014 Supplemental
BiOp. That plan:
a. Was vetted and supported by the Obama Administration's
top scientists;
b. Has resulted in improved young salmon survival at the
federal dams due to changes in operations and the
installation of new fish passage technologies;
c. Restored thousands of acres of habitat in rivers, the
estuary and floodplains for salmon spawning and rearing; and
d. Would allow federal hydropower operations to continue
through September 30, 2022 or until the court-ordered,
comprehensive environmental NEPA process concludes, a new
BiOp is in place and judicial review is complete.
7. Without the legislation, the federal agencies would be
compelled to author a new 2018 BiOp without the benefit of
the new science and public input provided by the
comprehensive NEPA review; and
8. H.R. 3144 was introduced by Rep. Cathy McMorris Rodgers
(R-WA) and co-sponsored by Rep. Dan Newhouse (R-WA), Rep.
Jaime Herrera Beutler (R-WA), Rep. Kurt Schrader (D-OR) and
Rep. Greg Walden (R-OR).
Now therefore, be it resolved by the Commission of Public
Utility District No. 2 of Grant County, Washington, that
Grant PUP supports H.R. 3144, and applauds the co-sponsors of
this bipartisan legislation as it:
Offers a creative solution that is good for both salmon,
renewable hydropower and the economy of the Northwest.
Provides relief in the endless litigation of the federal
hydro system.
Provides time for the federal agencies to complete the
court-ordered NEPA environmental review process.
Avoids experiments, modifications or spill tests at the
eight federal Columbia and Snake River dams, which could have
the potential to unnecessarily restrict renewable electric
generation, create uncertainties in BPAss power costs and
supply, and raise Northwest customers' electric rates.
Passed and approved by the Commission of Public Utility
District No. 2 of Grant County, Washington this 24 day of
October 2017.
____
Resolution of the Benton REA Board of Trustees
SUPPORTING H.R. 3144 FEDERAL LEGISLATION ADDRESSING THE FEDERAL
COLUMBIA RIVER POWER SYSTEM BIOLOGICAL OPINION
Whereas, Members of Benton Rural Electric Association
receive 86 percent of their electricity from the Federal
Columbia River Power System (FCRPS); and
Whereas, Hydropower provides 70 percent of Washington
state's clean affordable and reliable electricity and 60
percent of the Pacific Northwest's electricity with the
majority of the power produced by the FCRPS; and
[[Page H3555]]
Whereas, Hydroelectric dams also provide many benefits to
the region, including flood control, navigation, irrigation,
and recreation: and
Whereas, Federal legislation requires the federal agencies
responsible for the management of the FCRPS to operate the
hydro system in compliance with the Biological Opinion (BiOp)
approved by National Oceanic and Atmospheric Administration
(NOAA) Fisheries in 2008/2010 and supplemented in 2014, and
Whereas, This BiOp was vetted and supported by the previous
presidential administrations' top scientists and has resulted
in wild salmon numbers trending significantly upward due to
changes in operations and the installation of new passage
technologies, and
Whereas, The FCRPS BiOp has successfully improved fish runs
including 97% of young salmon successfully making it past the
dams proving that both dams and fish can coexist; and
Whereas, Bonneville Power Administration (BPA) has spent
$15.28 billion in total spending on infrastructure and fish
mitigation projects since 1978; and
Whereas, Despite the success of the current FCRPS BiOp, in
March 2017, the United States District Court for the District
of Oregon directed the federal agencies to undertake a
comprehensive review of hydro operations under the National
Environmental Policy Act (NEPA) and strongly urged the
federal agencies to include analysis of the removal, bypass
or breaching one or more of the four lower Snake River dams;
and
Whereas, H.R. 3144, ``To provide for operations of the
Federal Columbia River Power System pursuant to a certain
operation plan for a specified period of time'', was
introduced in the United States House of Representatives, and
Whereas, The federal legislation would continue federal
hydro operations through September 30, 2022 or until the
court-ordered, comprehensive environmental NEPA process
concludes, a new BiOp is in place, and judicial review is
complete, and
Whereas, The federal legislation would prohibit studies,
plans or structural modifications at the dams which would
impair hydroelectric power generation or navigation on the
Columbia River; and
Whereas, The federal legislation offers a creative solution
that is good for both listed salmon and the economy of the
communities served by Benton Rural Electric Association, and
provides relief in the endless litigation of federal hydro
system operations by directing the federal agencies to
implement the current federal salmon plan, known as the 2014
Supplemental BiOp; and
Whereas, The federal legislation provides time for the
federal agencies to complete the court-ordered NEPA
environmental review process analyzing federal hydro system
operations and focuses the general agencies limited resources
on getting that process right.
Whereas, without the legislation, the agencies would be
compelled to author a new 2018 BiOp without the benefit of
the new science and public input provided by the
comprehensive NEPA review, and avoids experiments or spill
tests at the eight Columbia and Snake dams, and studies and
modifications at the dams which would restrict electrical
generation, which would create uncertainties in BPA's power
costs and supply and raise Northwest electric customers'
rates.
Now, therefore be it resolved that the Board of Trustees of
Benton Rural Electric Association supports the passage of
H.R. 3144 this July 26, 2017.
Washington Public Utility
Districts Association,
Olympia, WA.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: On behalf of the Washington
PUD Association we greatly appreciate the support you have
shown for hydropower and, more specifically, the Federal
Columbia River Power System (FCRPS) with the recent
introduction of--H.R. 3144. This bill supports the hydro
system and the many benefits it brings to the region through
renewable, reliable and affordable power.
Despite the success of the current FCRPS Biological Opinion
(BiOp), Judge Simon, U.S. Western District, Court of Oregon,
rejected the plan and ruled all options need to be reviewed
including breaching or removing one or more of the four Snake
River dams.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science, has
been vetted by stakeholders and was formally approved by the
Obama administration. Implementation of the BiOp has
successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
The Bonneville Power Administration has spent over $15
billion on infrastructure and fish mitigation projects since
1978. These improvements and mitigation measures are paid for
by our customers through their electric bills. Their bills
are already higher by at least 15 percent for fish mitigation
programs. The ``spill test'' ordered by the judge will be an
additional cost that will result in higher electric bills for
Northwest families and businesses and likely to be more
detrimental to the fish runs than helpful. Your legislation
will bring an end to the wasteful activities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead.
Sincerely,
George Caan,
Executive Director.
Mr. GRIJALVA. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I want to speak to another problem and issue with this
bill that one of my colleagues brought up in his statement, and that is
the great harm it will cause to the Tribal interests in the Pacific
Northwest.
Native people of the Pacific Northwest ceded most of their ancestral
homeland to the United States in exchange for the right to catch salmon
and steelhead at accustomed places.
The Federal Government has a long history of failing to protect these
fishing rights. If enacted, H.R. 3144 would further harm Tribal
fisheries which are a critically important source of food. They are of
great cultural and religious significance to the Tribes. Just this
week, the Nez Perce Tribe contacted our committee to urge us to reject
H.R. 3144. I think Congress should heed this call and reject this piece
of legislation.
Mr. Speaker, the concerns have been laid out by the people who have
spoken against this legislation. Essentially, this legislation, H.R.
3144, violates bedrock environmental laws. Those concerns have been
stated by Members who have spoken against the legislation. It harms
businesses. It hurts the Tribes in the Northwest. It is an attack on
the legal process, and, in the long term, it will hurt ratepayers.
Mr. Speaker, I urge a ``no'' vote on H.R. 3144, and I yield back the
balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am very happy to be here to present this particular
bill, or at least sum up on this, especially as our good friend Mr.
Todd Ungerecht has done so much for this particular bill and it is
going to be his last time on the floor with us. So I appreciate all of
his help on this. He is returning back to his native State of
Washington where he clearly realizes how important this bill is.
Mr. Speaker, this bill has support via policy from Washington, total
support for the bill from Idaho and Montana, as well as eight other
Tribes that live in this area, as well as the National Association of
Counties, the American Farm Bureau Federation, United Power Trades
Organization, National Rural Electric Cooperative Association, National
Electrical Contractors Association, Public Power Council, Washington
Association of Wheat Growers, and scores of other individuals.
I include in the Record a complete list of organizations that support
this bill as well as letters that support this legislation.
Support for H.R. 3144
National Water Resources Association, National Associations
of Counties, United Power Trades Organization, National
Association of Wheat Growers, American Farm Bureau
Federation, American Public Power Association, National
Electrical Contractors Association, National Rural Electric
Cooperative Association, Grand Canyon State Electric
Cooperative Association, Americans for Limited Government,
Arizona Farm Bureau, Arizona Liberty, Arizona Pork Council,
Asotin County Public Utility District, Association of
Washington Business, Benton Public Utility District, Blachly-
Lane Electric Co-op, Clatskanie People's Utility District.
Clearwater Power, Concerned Citizens for America (Sedona),
Cowlitz Public Utility District, Douglas County Public
Utility District, Franklin Public Utility District, Grant
County Public Utility District, Idaho Water Users
Association, Inland Ports and Navigation Group, Kittitas
County Public Utility District, Lewis County Public Utility
District, Mason County Public Utility District, New Mexico
Cattle Growers' Association, New Mexico Wool Growers Inc.,
Northern Lights, Northwest River Partners, Pend Oreille
Public Utility District, Port Clarkston, Port of Morrow.
Port of Pasco, Port of Whitman County, Public Power
Council, Salmon River Electric CoOp, Stevens County
Commissioners, Sulphur Springs Valley Electric Cooperative,
Tidewater Transportation & Terminals, Tri-City Development
Council, United Electric, Wahkiakum County Public Utility
District, Washington Association of Wheat Growers, Washington
Farm Bureau, Washington Public Utility Districts Association,
Washington State Potato Commission, Yuvapai County Supervisor
Thomas Thurman, Your Touchstone Energy Cooperative.
[[Page H3556]]
____
Public Power Council
March 16, 2018
Re Support for H.R. 3144--To provide for operations of the
Federal Columbia River Power System pursuant to a certain
operation plan for a specified time.
Dear Members of the Northwest Congressional Delegation: The
Public Power Council (PPC) is a not for profit association
that represents about 100 consumer-owned electric utilities
in the Pacific Northwest on issues regarding the Federal
Columbia River Power System (FCRPS). As purchasers of power
from the Bonneville Power Administration (BPA), PPC members
and their customers pay for a large share of the region's
fish and wildlife mitigation costs. I write today in support
of H.R. 3144, a bill that would stabilize a portion of these
costs while the administrative process proceeds in the
region.
BPA is on the precipice of a serious financial struggle
created by consistent increases in its power rates over the
past decade combined with a simultaneous drop in the market
price of other power options in the West. As utilities begin
to choose lesser-cost options elsewhere, BPA will not have
the requisite customer base to fund all its statutory
obligations, including regional fish and wildlife efforts.
Without serious action to stabilize rates, BPA will struggle
in the near future to recover its costs, putting all of its
programs at risk.
An important part of the challenge facing BPA is the
volatility of the costs of meeting its fish and wildlife-
related obligations. H.R. 3144 would offer important
assistance in this respect by temporarily keeping in place a
federal hydro operations plan (approved by multiple
Administrations) through the 2021 completion of an ongoing
review under the National Environmental Policy Act (NEPA).
Upon completion of the NEPA process, it is expected that the
legislation would effectively expire and the NEPA-supported
plan for the federal hydro system would commence.
H.R. 3144 allows the court-ordered NEPA process to continue
while avoiding a costly and potentially harmful spill
experiment. In addition to its estimated $40 million annual
cost to regional electricity customers, NOAA Fisheries'
Science Center modeling does not show appreciable benefits to
salmon and steelhead from this operation. Higher levels of
spill can harm fish from increased gas saturation in the
water. The fear is that, without this legislation, a spill
regime will be put in place that increases regional power
costs while providing no apparent benefit to the fish it
purports to help.
Another threatening aspect to the proposed spill experiment
is that it would further limit the operational flexibility of
the hydropower system that is essential to reliably meet
electricity demand in the region and integrate other
renewable power resources. Further, it is expected that much
of the carbon-free generation eliminated by this experiment
will be replaced by fossil fuels, greatly increasing regional
carbon emissions, running counter to carbon-reduction goals.
Your support for this bill can help keep the region's
hydropower affordable and can assist in stabilizing BPA
during precarious times. Urgent action on H.R. 3144 will
resonate for years in maintaining a renewable, flexible, and
carbon-free energy resource that serves as the region's
economic backbone. Thank you for your consideration.
Sincerely,
Scott Corwin,
Executive Director.
____
Mason County
Public Utility District 3,
Shelton, WA, April 23, 2018.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Congressman Newhouse: Thank you for your support of
federal, state and local agencies that provide cost-based,
carbon free energy to customers throughout the Pacific
Northwest. Specifically, we thank you for your strong defense
of the Bonneville Power Administration and its partners in
the Federal Base System.
We at Mason PUD 3 applaud your efforts, and those of
others, who introduced HR 3144 to protect the viability and
value of the Columbia River hydropower system.
We're pleased that HR 3144 affirms the jurisdiction of the
2014 Federal Biological Opinion for a balanced approach to
managing the Columbia for fish and hydropower. We are
concerned, as are others who depend on the river for their
livelihoods, about the increased role of the courts in
controlling this mighty resource. Management of the river by
appointed judges is precedent-setting. It bypasses science,
the experts who collaboratively wrote the Biological Opinion,
and is not in the best interests of our customers.
PUD 3 is disappointed in a federal court ruling earlier
this month that will result in an experimental water spill
program at Columbia and Snake River dams. This costly
experiment is aimed at determining if sending more water
through dam spillways, instead of using it for power
generation, will help the passage of salmon in the Columbia
River Basin.
The Northwest Power & Conservation Council notes in its
``2016 Columbia River Basin Fish and Wildlife Program Costs
Report'' that public power customers in the Pacific Northwest
paid $621.5 million for recovery and restoration efforts.
Just over $7 million of that came from customers of Mason PUD
3 (based on our proportionate share of the Federal Base
System).
To further burden our customers, and other public power
customers in the region, with the cost of an experimental
spill which has uncertain results, is an unjust judicial
abuse of those who we strive to protect.
Your bill, HR 3144, will give much needed relief to public
power customers in a region that, through its wholesale power
rates, fully pays its way for the operation of the Federal
Base System. Further, through the directed use of the 2014
Federal Biological Opinion, it places management of the river
in the realm of science, not speculation.
We thank you for your support and protection of the natural
resources of the Pacific Northwest. If you wish to
communicate with us on this matter, please contact us at any
time.
Sincerely,
Annette Creekpaum,
Manager, Mason PUD 3.
____
Asotin County
Public Utility District,
Clarkston, WA.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: We are writing to thank you
for your support of hydropower and the Federal Columbia River
Power System (FCRPS) with the recent introduction of--H.R.
3144. As an electric utility whose customers are dependent
upon reliable and affordable power, this bill supports the
hydro system and the many benefits it brings to the region as
a renewable resource.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science and
has been vetted by stakeholders. Implementation of the BiOp
has successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
Despite the success of the current FCRPS BiOp, the judge's
ruling rejecting the plan will add costs to the over $15
billion the Bonneville Power Administration has spent on
infrastructure and fish mitigation projects since 1978. These
improvements and mitigation measures are paid for by our
customers through their electric bills and the ``spill test''
ordered by the judge will be an additional cost that will
result in higher electric bills for everyone.
Your legislation will bring an end to the wasteful
activities and we appreciate your leadership on this issue
with the introduction of H.R. 3144.
Sincerely, Asotin County PUD Board of Commissioners:
Don Nuxoll,
President.
Judy Ridge,
Vice-President.
Greg McCall,
Secretary.
____
Cowlitz PUD,
Longview, WA, April 23, 2018.
Re: H.R. 3144.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: This letter is submitted by
Cowlitz PUD, serving roughly 50,000 electric customers
located on or near the mighty Columbia River. The District
purchases approximately 90% of its power supply from BPA,
which is sourced primarily from the Federal Columbia River
Power System (FCRPS).
We believe the 2014 BiOp is the best solution and we
believe H.R. 3144 puts that solution in place.
We appreciate your leadership on H.R. 3144 and urge other
legislators to follow your lead.
Sincerely,
Steven D. Kern,
General Manager,
Cowlitz PUD.
____
Cowlitz PUD,
Longview, WA, April 23, 2018.
Re: H.R. 3144.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: I write you this letter
individually supporting H.R. 3144.
The 50,000 customers I represent continue to be impacted by
interests other than their own. The Federal Columbia River
Power System (FCRPS) has been bought and paid for by electric
customers but is now being run from the bench of our 9th
District court rather than the labs and control rooms of
scientists and system operators. Experimental spill
operations and targeted political outcomes have no place in
the river system that powers our homes, underpins our
economy, and funds our fish recovery.
I appreciate your leadership.
Sincerely,
Dena Diamond-Ott,
Cowlitz PUD Commissioner--District #1.
[[Page H3557]]
____
Kittitas County,
Public Utility District No. 1,
Ellensburg, WA, April 23, 2018.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: On behalf of Kittitas PUD No.
1 we greatly appreciate the support you have shown for
hydropower and, more specifically, the Federal Columbia River
Power System (FCRPS) with the recent introduction of H.R.
3144. This bill supports the hydro system and the many
benefits it brings to the region through renewable, reliable
and affordable power.
Despite the success of the current FCRPS Biological Opinion
(BiOp), Judge Simon, U.S. Western District, Court of Oregon,
rejected the plan and ruled all options need to be reviewed
including breaching or removing one or more of the four Snake
River dams.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014.
The current BiOp is based on the best available science, has
been vetted by stakeholders and was formally approved by the
Obama administration. Implementation of the BiOp has
successfully increased salmon runs due to operational
requirements within, and the installation of new fish passage
technologies.
The Bonneville Power Administration has spent over $15
billion on infrastructure and fish mitigation projects since
1978. These improvements and mitigation measures are paid for
by our customers through their electric bills. Their bills
are already higher by at least 15 percent for fish mitigation
programs. The ``spill test'' ordered by the judge will be an
additional cost that will result in higher electric bills for
Northwest families and businesses and likely to be more
detrimental to the fish runs than helpful. Your legislation
will bring an end to the wasteful activities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead.
Sincerely,
Matthew Boast,
General Manager.
____
Lewis County,
Public Utility District,
Chehalis, WA, April 24, 2018.
Hon. Dan Newhouse,
House of Representatives,
Washington, DC.
Dear Representative Newhouse: On behalf of Public Utility
District No. 1 of Lewis County, we appreciate your support
for hydropower and the Federal Columbia River Power System
(FCRPS). The recent introduction of H.R. 3144 supports the
hydro systems many benefits to the region by providing
renewable, reliable and affordable power.
The current FCRPS Biological Opinion (BiOp) is based on the
best available science and has been vetted by stakeholders
and was formally approved by the Obama administration.
Implementation of the BiOp has successfully increased salmon
runs due to operational requirements within, and the
installation of new fish passage technologies. Despite the
success of the current BiOp, Judge Simon, U.S. Western
District, Court of Oregon, rejected the plan and ruled all
options need to be reviewed including breaching or removing
one or more of the four Snake River dams.
The Bonneville Power Administration has already spent over
$15 billion on infrastructure and fish mitigation projects
since 1978. These improvements and mitigation measures are
paid for by our customers through their electric bills. Their
bills are already higher by at least 15 percent for fish
mitigation programs. The ``spill test'' ordered by the judge
will be an additional cost that will result in higher
electric bills for Northwest families and businesses and
likely to be more detrimental to the fish runs than helpful.
Your bill provides relief to the endless litigation of
federal hydro system operations by directing the federal
agencies to implement the current BiOp as adopted in 2014 and
your legislation will bring an end to wasteful activities.
We appreciate your leadership on this issue with the
introduction of H.R. 3144 and urge other legislators to
follow your lead.
Sincerely,
Commissioner Dean Dahlin.
Commissioner Ben Kostick.
Commissioner Tim Cournyer.
Mr. BISHOP of Utah. Mr. Speaker, here is the bottom line for this
particular piece of legislation:
States agree to it. There are nine Tribes in this area. Eight of them
totally support this particular bill. The Obama administration created
a biological opinion which endorsed the ESA and was legal with the ESA.
A judge decided to change all of that and ordered a spill with no
apparent rationale to it.
Mr. Speaker, there is no one over here who hates salmon. We are not
trying to kill them all. Heaven knows, the only way I would like to
kill salmon is if I am consuming them myself. However, in 2011, another
spill took place on this particular river which had the process of
actually killing this endangered species that was there.
This judge's order, without any kind of rationale to it, could indeed
be one of the situations that actually sterilizes this river and the
species rather than protecting the river and the species.
Let's allow river operators to operate the river. Let's allow
scientists to conduct the science and let judges go back to granting
divorces. Allowing a judge with no background in these issues to
dictate river operations and subvert the science is totally
irresponsible on our part.
This is a piece of legislation that clearly is a win for the
ratepayers to a tune of $40 million that they would have to do if this
decision by the judge stands. It is also a win for taxpayers to the
tune of about $16 million. It is a win for the fish by preventing a
potentially deadly environmental decision that has no basis in actual
science. And, once again, it was the last administration that created
the pattern in which we are going.
Let's go back to that and do it. Now, if another science or
biological opinion needs to be done, let it happen, but don't allow the
judge to change what the river operators are saying is the wisest
policy until you do that. That is the basis of this particular bill. It
helps the power. It helps the fish. It helps all of us. And let's face
it, if you are not using that hydropower, you are going to have to pick
up fossil fuel power to make up the difference--see which one actually
is healthier for the environment.
Mr. Speaker, I commend my colleagues for doing this, and I urge all
in the House to support this legislation which is a bipartisan bill
that has bipartisan support.
Mr. Speaker, I thank Chairman Shuster for agreeing to help expedite
consideration of this bill today.
House of Representatives,
Committee on Natural Resources,
Washington, DC, April 12, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC
Dear Mr. Chairman: I write regarding H.R. 3144, to provide
for operations of the Federal Columbia River Power System
pursuant to a certain operation plan for a specified period
of time, and for other purposes. The bill was referred
primarily to the Committee on Natural Resources, with an
additional referral to the Committee on Transportation and
Infrastructure.
I ask that you allow the Committee on Transportation and
Infrastructure to be discharged from further consideration of
the bill so that it may be scheduled by the Majority Leader.
This discharge in no way affects your jurisdiction over the
subject matter of the bill, and it will not serve as
precedent for future referrals. In addition, should a
conference on the bill be necessary, I would support your
request to have the Committee on Transportation and
Infrastructure represented on the conference committee.
Finally, I would be pleased to include this letter and any
response in the bill report filed by the Committee on Natural
Resources to memorialize our understanding.
Thank you for your consideration of my request and for the
extraordinary cooperation shown by you and your staff over
matters of shared jurisdiction. I look forward to further
opportunities to work with you this Congress.
Sincerely,
Rob Bishop,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, April 16, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Bishop: Thank you for your letter concerning
H.R. 3144, to provide for operations of the Federal Columbia
River Power System pursuant to a certain operation plan for a
specified period of time, and for other purposes. As noted,
the Committee on Transportation and Infrastructure received
an additional referral on this legislation.
In order to expedite floor consideration of H.R. 3144, the
Committee on Transportation and Infrastructure agrees to
forgo action on this bill. However, as you noted, this is
conditional on our mutual understanding that forgoing
consideration of the bill would not prejudice the Committee
with respect to the appointment of conferees or to any future
jurisdictional claim over the subject matters contained in
the bill or similar legislation that fall within the
Committee's Rule X jurisdiction. Further, it is our
understanding that mutually agreed upon changes to the
legislation will be incorporated into the bill via an
amendment. Should a conference on the bill be necessary, I
appreciate your agreement to support my request to have the
Committee represented on the conference committee.
[[Page H3558]]
Thank you for your cooperation on this matter and for
agreeing to place a copy of this letter and your response
acknowledging our jurisdictional interest into the bill
report and the Congressional Record during consideration of
the measure on the House floor.
Sincerely,
Bill Shuster,
Chairman.
Mr. BISHOP of Utah. Mr. Speaker, I yield back the balance of my time.
Ms. BONAMICI. Mr. Speaker, I rise today in opposition to H.R. 3144, a
bill that would require the implementation of a specific Federal
Columbia River Power System operation plan. I am committed to
increasing consumer access to affordable and reliable electricity, but
this must be done without jeopardizing our region's ecosystem. I cannot
support this bill because it would undermine longstanding environmental
protections, including the Endangered Species Act, harm salmon and
steelhead populations, and threaten the recreational and commercial
fisheries, tribes, and species that benefit from healthy salmon runs.
The Endangered Species Act and National Environmental Policy Act
require the federal operators of the Federal Columbia River Power
System to consult with the National Marine Fisheries Service on how the
System's hydroelectric dams could affect several salmon and steelhead
stocks that are listed as threatened or endangered. Unfortunately,
instead of responding in a systematic manner using the best available
science, this bill would disrupt regional salmon and dam management
efforts, jeopardize the existence of salmon and steelhead, and damage
this vulnerable ecosystem.
In addition to the troubling effects on the region's ecosystem,
implementation of this bill could also harm tribal fisheries. Native
Americans have lived and fished along the banks of the Columbia River
for centuries. Despite signing treaties with the tribes to preserve
their rights to fish, hunt, and gather at their accustomed places, the
federal government has a long history of failing to protect these
tribal fishing rights. Tribes have a right and a deep cultural and
historical connection to the fish populations threatened by this bill.
Oregon's economic vitality is dependent on the health of the Pacific
Ocean and the Columbia River. We rely on the natural resources in our
region to support a significant portion of our economy, and we are very
vulnerable to changes to our ecosystem. This bill could harm the
businesses that are dependent on healthy salmon and steelhead runs,
including the commercial and recreational fishing industry, guiding and
outdoor retail businesses, restaurants, and coastal communities that
benefit from tourism.
The Pacific Northwest's social and environmental landscape is
changing. We need to find a sustainable path forward that supports
renewable power, commerce, and habitat conservation for salmon and
steelhead populations. In addition to supporting the responsible use of
hydropower that does not put salmon populations at risk, I also support
investments in additional renewable energy sources like solar, wind,
and wave energy. Through diversifying our investments in renewable
resources, we can protect our environment and support new industries,
jobs, and innovative businesses.
In short, we can--and should--address the energy needs of our region
without furthering policies that will harm our ecosystem. I urge my
colleagues to work together to develop a more appropriate solution that
will protect salmon and steelhead and provide affordable and reliable
electricity to consumers in the Pacific Northwest.
I note for the record that my husband, Judge Michael H. Simon, wrote
the judicial opinion that was discussed in the debate about this bill.
Before voting, I checked with the House Ethics office and was assured
that there is no conflict of interest under the House Rules because the
bill does not benefit my spouse's or my personal interest or finances.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 839, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Ms. JAYAPAL. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. JAYAPAL. Mr. Speaker, I am opposed.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Jayapal moves to recommit the bill H.R. 3144 to the
Committee on Natural Resources with instructions to report
the same back to the House forthwith with the following
amendment:
At end of the bill, add the following:
SEC. 5. LOWER COSTS FOR ELECTRICITY CONSUMERS.
Nothing in this Act shall prohibit the sale of electric
power generated by the Federal Columbia River Power System at
the lowest possible rate consistent with sound business
practices and other factors as required by current law.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Washington is recognized for 5 minutes in support of her motion.
Ms. JAYAPAL. Mr. Speaker, this is the final amendment to the bill
which will not kill the bill or send it back to committee. If adopted,
the bill will immediately proceed to final passage, as amended.
Mr. Speaker, I make this motion today in order to ensure that the
millions of Americans who rely on public power can continue receiving
affordable power. President Trump, in his latest budget, has proposed
charging millions of Americans more for their electricity.
The President wants to charge Americans what he calls market-based
rates, which means that millions of Americans who rely on public power
will pay more than what they pay now. This proposal has rightly
provoked bipartisan opposition, and I hope my Republican colleagues
will join me in rejecting this ill-advised proposal which will result
in higher bills for millions of our constituents.
Mr. Speaker, I should also add that the underlying bill is based on a
false premise that rates can be lowered by shirking our
responsibilities to protect our environment, restore our salmon
populations, and follow the law. After all, restoring our region's
salmon populations will reduce our costs in the long run.
This underlying bill takes us in the wrong direction, and it is
important to include some context on this complicated issue.
Starting in the 1930s, the Federal Government began the construction
of 31 hydroelectric dams on the Columbia River. These dams which make
up the Federal Columbia River Power System, or the FCRPS, provide
public power throughout the Pacific Northwest.
However, it has become clear that they have operated in ways that
pose serious threats to our region's salmon runs and violate our
environmental laws. Several courts, including the Ninth Circuit Court
of Appeals and the Oregon U.S. District Court, have ruled as such. The
courts ordered a new biological opinion, as well as a NEPA review, in
order to bring the plans in alignment with Federal law.
Rather than letting this critical process continue, H.R. 3144 aims to
circumvent our court system and the law by blocking legally ordered
salmon protection measures. Congress should not be in the business of
closing the door on legal and regulatory review processes simply
because some Members don't like them.
Some claim that the court process will make it more expensive for
ratepayers due to decisions like the one to increase spill over the
dams, which this bill would illegally block. This process, which is
meant to release additional water over the tops of the dams to ensure
that juvenile salmon can migrate out, is a critical step in increasing
salmon recovery rates. It is currently up for debate whether or not
ratepayers will see an increase of any sort in the costs in the short
term, but the long-term benefits of changes like this one are
indisputable.
The 13 species of steelhead and salmon that are threatened by these
dams are crucial to our region, and our fishing industry relies on them
for its survival.
In 2011, Mr. Speaker, 34,500 jobs were provided by a healthy sport
fishing industry which contributed more than $3.8 billion to the
economy in Washington, Oregon, and Idaho. And according to a recent
poll in Washington State, a strong majority of voters are actually
willing to pay up to $7 a month in additional costs in order to save
our wild salmon and improve water quality because they know how
incredibly important it is to all of our economies and our communities.
Whether or not the increase spill will raise costs, that is not
clear, but what is clear is that conserving these critical populations
is a priority for the people in the Pacific Northwest.
The irony, Mr. Speaker, is that H.R. 3144 will ultimately cost our
ratepayers
[[Page H3559]]
even more money in the long term. Protecting our salmon populations is
100 percent necessary. It is our obligation under the Endangered
Species Act. So simply closing our eyes and hoping this all goes away
is not an option.
Additionally, the Native peoples of the Pacific Northwest have the
undeniable treaty rights to catch these salmon and steelhead at
accustomed places, meaning that these populations have to be
maintained. We can't continue to fail to uphold our end of this deal,
and this bill will move us further away from where we need to be.
This issue has been addressed, and the review process mandated by the
courts is doing just that. By denying the opportunity to implement the
necessary science-based changes required to bring the FCRPS in line
with Federal law, H.R. 3144 will cost ratepayers more down the line.
Restoring the salmon population will be incredibly expensive, and
gutting fisheries protections and kicking the can down the road does
not serve our ratepayers well.
We must move forward with the ongoing biological opinion review and
the NEPA process, but we also have to ensure that we are continuing to
be mindful of our ratepayers in the region. This bill will ultimately
cost ratepayers more, not less.
Mr. Speaker, it is possible to find a solution that works.
I yield back the balance of my time.
{time} 1600
Mr. BISHOP of Utah. Mr. Speaker, I claim the time in opposition to
the motion.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Utah. Mr. Speaker, I do appreciate the commitment of
the gentlewoman from Washington, the effort to solve some problems, and
many of the issues that were brought up. Unfortunately, many of the
issues that were addressed simply are not covered in the motion to
recommit at the same time--great speeches, but not necessarily really
relating directly to the motion.
If you actually look at what the motion will do, ultimately, it is
very clear that it will ensure that rates actually do go up; carbon
emissions will go up; and farmers, families, union members, and small
businesses will all have to eventually pay for it.
The underlying bipartisan legislation, though, and not some poorly
worded gimmick that cedes more authority to courts and lawyers will
protect ratepayers and endangered salmon and the whales and the
taxpayers at the same time.
In all due respect, I actually feel happy that I was here when we saw
a display of the Senate actually passing something. So I would suggest,
in all humility to the other side, if they actually want to do
something which would encourage my commitment and my approval of an
MTR, it would be to realize and recognize something that happened 107
years ago this Friday, in which the socialist Member from Milwaukee,
Wisconsin, 107 years ago, Friday, introduced a resolution to dissolve
the Senate.
Now, if that were a motion to recommit, that I would firmly endorse.
That would actually help us move forward. Unfortunately, that is not
the motion to recommit in front of us. The motion to recommit does not
help us move forward.
Mr. Speaker, I ask for a ``no'' vote on the motion to recommit, and I
yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. JAYAPAL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on:
Passage of H.R. 3144, if ordered; and
Suspending the rules and passing H.R. 5447.
The vote was taken by electronic device, and there were--yeas 190,
nays 226, not voting 12, as follows:
[Roll No. 152]
YEAS--190
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gohmert
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Scott (VA)
Scott, David
Serrano
Shea-Porter
Sherman
Sinema
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NAYS--226
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Curtis
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Frelinghuysen
Gaetz
Gallagher
Garrett
Gianforte
Gibbs
Goodlatte
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
[[Page H3560]]
NOT VOTING--12
Black
Cardenas
Gowdy
Grothman
Issa
Jenkins (WV)
Kuster (NH)
Labrador
Noem
Renacci
Sewell (AL)
Sires
{time} 1628
Messrs. ABRAHAM, AMASH, NUNES, WEBSTER of Florida, JOHNSON of Ohio,
Mrs. LOVE, Messrs. WITTMAN, MESSER, LUETKEMEYER, McCARTHY, and Mrs.
McMORRIS RODGERS changed their vote from ``yea'' to ``nay.''
Mr. RUPPERSBERGER, Mses. TITUS, MAXINE WATERS of California, Mr.
ESPAILLAT, Ms. ESTY of Connecticut, Messrs. CROWLEY, WELCH, Ms.
GABBARD, and Mr. GONZALEZ of Texas changed their vote from ``nay'' to
``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GRIJALVA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 225,
nays 189, not voting 14, as follows:
[Roll No. 153]
YEAS--225
Abraham
Aderholt
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Correa
Costa
Costello (PA)
Cramer
Crawford
Cuellar
Culberson
Curtis
Davidson
Davis, Rodney
DeGette
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Faso
Ferguson
Fleischmann
Flores
Fortenberry
Foxx
Gaetz
Gallagher
Garrett
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Gene
Griffith
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lewis (MN)
Long
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NAYS--189
Adams
Aguilar
Amash
Barragan
Bass
Beatty
Bera
Beyer
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Courtney
Crist
Crowley
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Lamb
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Ros-Lehtinen
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Scott (VA)
Scott, David
Serrano
Shea-Porter
Sherman
Sinema
Smith (NJ)
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--14
Black
Cardenas
Frelinghuysen
Gowdy
Grothman
Issa
Jenkins (WV)
Kuster (NH)
Labrador
Loudermilk
Noem
Renacci
Sewell (AL)
Sires
Announcement by the Acting Chair
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1635
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Ms. DeGette. Mr. Speaker, during rollcall vote No. 153 on H.R. 3144,
I mistakenly recorded my vote as ``yea'' when I should have voted
``nay.''
____________________