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1 1 (April 3, 2006)

handle is hein.crs/crsmthabdxm0001 and id is 1 raw text is: Order Code RS22414 April 3, 2006 CRS Report for Congress Received through the CRS Web The Columbia River Basin's Fish Passage Center Nic Lane Analyst in Environment and Resources Management Resources, Science, and Industry 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. 96-501). 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. Language in H.Rept. 109-275, the conference report on FY2006 Energy and Water appropriations (P.L. 109-103) prohibits further BPA obligations supporting the FPC, and directs BPA and the Council to transfer FPC functions to other existing entities within 120 days of enactment. Because the prohibition was not contained in the language of the statute itself, it is unclear what BPA is obligated to do. However, on March 17, 2006, the U.S. Ninth Circuit Court of Appeals issued an order, in response to a motion filed on behalf of the FPC, that requires BPA to continue, pending resolution of this petition and/or further order of the Court, its existing contractual arrangement to fund and support the Fish Passage Center under the existing terms and conditions. Resolution of the FPC' s future and role is pending. This report will be updated as warranted. Background Under the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (the Northwest Power Act, P.L. 96-501), 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, enhance their habitat, and mitigate habitat damage.1 The act required that the program be 16 U.S.C. §839b(h)(1)(A). Congressional Research Service +o The Library of Congress

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