A document recently released by the president regarding the Columbia River System Operations (CRSO) has raised the ire of U.S. Reps. Cathy McMorris Rodgers (R-WA), Dan Newhouse (R-WA), and two other Republicans.
The Northwest lawmakers sent a Nov. 29 letter to President Joe Biden requesting additional information on a package of actions and commitments entitled “U.S. Government Commitments in Support of the Columbia Basin Restoration Initiative and in Partnership with the Six Sovereigns,” which the United States government negotiated with plaintiffs, states, and tribes in ongoing litigation over the CRSO.
“As best we can tell, this document reflects the negotiating positions of the U.S. Government (USG) in the long-standing mediation concerning the CRSO,” the lawmakers wrote. “Due to the document’s use of vague and imprecise language, it appears susceptible to misinterpretation.”
Consequently, the members throughout the 37-page letter asked Biden to answer numerous questions about provisions in the document that they say require clarification.
“It is imperative that our constituents, whose livelihoods depend on the Columbia River System, have a comprehensive understanding of this document’s contents so they can anticipate and prepare for the wide-ranging impacts that will inevitably be felt across the region should the commitments detailed in this document be realized,” Rep. McMorris Rodgers, Rep. Newhouse, and their colleagues wrote.
For example, the lawmakers want to know how the agreement would establish the Pacific Northwest Tribal Energy Program and why the program applies to only four of the more than 40 federally recognized tribes in the Pacific Northwest.
They also asked if the USG seeks to advance efforts to breach the Lower Snake River dams after securing this “replacement” power, and if such actions will reduce the independence of the Bonneville Power Administration in effectuating ratemaking decisions, assessing its statutory responsibilities, and setting its rates.
The lawmakers also requested details on what additional scientific reports or studies the government relied upon, other than a 2022 report by the National Oceanic and Atmospheric Administration, regarding salmon recovery in the Columbia River basin, and what the plan is to fund the $200 million commitment for the Phase 2 Implementation Plan for salmon reintroduction.
On potentially breaching the four Lower Snake River dams, the members asked the president if his administration is hoping that the studies and actions funded by this report will substantiate enough “evidence” to undermine the economic viability of the hydroelectric system, and what his official position is regarding whether these dams should be breached.
Regarding appropriations to implement this package of actions and commitments, the representatives also asked if appropriations from Congress are being relied upon to fund them, and whether there have been consultations with any members of Congress in drafting either this section or any of the other commitments made in the document, according to the letter.
“We respectfully request that a list of groups and individual voices that were included in the development of this package be provided so we can ensure it truly reflects what is in the best interest of the people we serve, as well as the marine populations it aims to protect,” they wrote.
Additionally, they noted that it is their duty as members of Congress “to ensure any actions committed to as part of this agreement do not circumvent by any means the congressional authorization that would be required to execute certain proposed provisions, such as the removal of certain dams,” they wrote.
“We have attached the ‘package of commitments’ to this letter to assist you in providing us with answers to the questions presented above,” wrote the lawmakers. “It is crucial that clarity and certainty is provided so we can achieve our common goal of a durable, long-term strategy for the future of the CRSO.”
Likewise, the lawmakers sent a Nov. 20 letter to Brenda Mallory, chair of the Council on Environmental Quality, to remind her that “Congress alone has the authority not only to order the breach of the Lower Snake River Dams, but also exclusive authority to direct the study of breaching or to authorize replacement resources.”
“This is statutory fact,” they wrote, “and we warn the administration not to attempt to circumvent that fact through clever wordsmithing.”
That letter is supported by stakeholders affected by the results of the Bident administration’s mediation, including TRIDEC, the Washington Wheat Association, the Public Power Council, and the Pacific Northwest Waterways Association.