President Joe Biden called on his administration to work with Congress, states and Tribal Nations to restore healthy and abundant salmon, steelhead and other native fish populations in the Pacific Northwest’s Columbia River Basin.
The presidential memorandum directs federal agencies to use their existing authority and responsibilities “to adequately protect, mitigate, and enhance fish and wildlife affected by the federal dams in the Basin in a manner that provides equitable treatment for fish and wildlife with the other purposes for which the federal dams are managed and operated.”
The memorandum directs the agencies to identify and initiate any steps necessary to advance the policy within 120 days, and within 220 days provide their findings to the director of the Office of Management and Budget.
While the memorandum does not specifically mention dam removal, a July 2022 report from the National Oceanic Atmospheric Administration (NOAA) states the science “robustly supports” habitat restoration and dam removal and supports acting now. It continued that dam removals in other rivers have resulted in “broader and quicker” biological benefits to riverscapes than anticipated.
Background
The order comes as an Oct. 31 deadline was looming for the federal government to negotiate with Tribes and environmental groups on hydroelectric dams on the Columbia and Snake rivers following a lawsuit.
The suit by Earthjustice representing fishing groups, environmental organizations and Tribes was filed in May 2001. Through several presidential administrations, the eighth amended and most recent case was filed in January 2021. Shortly thereafter, intervenor-plaintiff Spokane Tribe of Indians filed its complaint-in-intervention, followed by the state of Oregon’s fifth upplemental complaint-in-intervention and Couer D’Alene Tribe’s complaint-in-intervention.
The judge approved a joint motion for a stay of litigation in October 2021 for negotiations to continue until July 31, 2022. In court documents, it states the parties are in “good faith discussions to resolve the entire litigation and that they have reached an agreement regarding short-term operations of the Federal Columbia River Power System.”
A joint motion for stay was filed in the U.S. District Court in Oregon in August for a lawsuit between environmental groups and the state of Oregon against the National Marine Fisheries Service and the Public Power Council.
Court documents state the 60-day extension is warranted because negotiations are close between the parties to resolve matters in other courts “as well as over broader efforts to develop a durable long-term strategy to restore salmon and other native fish populations to healthy and abundant levels, honor Federal commitments to Tribal Nations, deliver affordable and reliable clean power, and meet the many resilience needs of stakeholders across the region.”
Reactions
Environmental groups involved in the litigation applauded Biden’s memorandum, with Earthjustice attorney Amanda Goodin saying she is “heartened” by the commitment of the Biden administration to restore the Columbia River for salmon.
“Now we need to finish the job,” Goodin said. “NOAA Fisheries has already concluded that the best and only certain way to recover Snake River salmon to a healthy abundance is to breach the four Lower Snake River dams. We need a comprehensive plan to breach the dams and replace their services—and we need it now before salmon run out of time.”
Tanya Riordan, Save Our Wild Salmon’s policy and advocacy director, said protecting salmon and steelhead is a “national priority” and a “whole of government” approach is needed for government agencies to align plans and actions to meet its treaty obligations to Tribes in the Pacific Northwest.
Fishing groups also applauded the memorandum, stating policy changes are long overdue to restore wild salmon and steelhead populations.
“The memorandum has arrived not a moment too soon,” said Liz Hamilton, executive director of Northwest Sportfishing Industry Association. “We urgently need major changes in river operations to protect and restore these fish. The future of fishing, along with the economic benefits, hinges on the recovery efforts we put into place today.”
Rep. Dan Newhouse (R-WA-04) said despite the memorandum calling for collaboration between the federal government, Tribes and environmental groups, the Biden administration is determined to breach the Lower Snake River Dams.
“While there may not be explicit recommendations to breach the Lower Snake River Dams in this memorandum, that is the goal of this Administration,” Newhouse said. “This announcement is bureaucracy at its worst and the fact remains that these dams are vital to our economy, our efforts to reduce carbon emissions, and the ability to send our commodities overseas.”
Newhouse and other lawmakers in the Pacific Northwest sent a letter to the Council on Environmental Quality Chair Brenda Mallory on Sept. 13, encouraging her to engage with all parties during the stay process as the administration is determined to remove the dams and the process “fails to allow meaningful input” from those intervenors that represent electric customers, transportation, agriculture and export sectors.
Mallory is directed under the memorandum to develop an intergovernmental partnership between Tribes and states within the next four months. — Charles Wallace, WLJ contributing editor
