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1 1 (February 23, 2007)

handle is hein.crs/crsajfk0001 and id is 1 raw text is: Order Code RS22414 Updated February 23, 2007 The Columbia River Basin's Fish Passage Center Nic Lane Analyst in Environment and Resources Management Resources, Science, and Industry Division Adam Vann Legislative Attorney American Law Division Summary The Fish Passage Center (FPC) provides technical assistance and information to fish and wildlife agencies and tribes on the passage of juvenile and adult salmon and steelhead through the mainstem Columbia River. It is an element of the Northwest Power and Conservation Council's fish and wildlife program, which was created by the Northwest Power Act (P.L. 96-50 1). The Council's fish and wildlife program is funded by the Bonneville Power Administration (BPA) with revenue from the sale of electric power in the Pacific Northwest. Some parties in the region contend that the FPC does not provide unbiased scientific analysis, but instead advocates specific policy positions. Senate and conference committee reports (S.Rept. 109-84 and H.Rept. 109-275) on the 2006 Energy and Water Development Appropriations Act (P.L. 109-103) instructed BPA to cease funding the FPC and transfer the FPC's functions to other existing entities, and BPA responded by determining that it would transfer the FPC functions to two entities. A number of organizations sued to block transfer of the FPC' s functions, and on January 24, 2007, the U.S. Court of Appeals for the Ninth Circuit the court ruled that BPA's decision to transfer the FPC's functions violated the Administrative Procedure Act. Background Under the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (the Northwest Power Act, 16 U.S.C. §839), Congress required that the Pacific Northwest Electric Power Planning and Conservation Council (now known as the Northwest Power and Conservation Council) develop and adopt a program to protect fish and wildlife,

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