Columbia River Treaty Update, Fish Passage and HB 3144

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Columbia River Treaty Update, Fish Passage and HB 3144 2018 ATNI General Assembly, May 23 Held at Yakama Nation DR Michel and John E. Sirois Upper Columbia United Tribes

Upper Columbia United Tribes Coeur D Alene Tribe of Indians Confederated Tribes of the Colville Reservation Kalispel Tribe of Indians Kootenai Tribe of Idaho Spokane Tribe of Indians

Columbia River Treaty Adopted 1964 Originally, the Treaty addressed very little; 1. Hydropower Production; Constructing & Operating 2. Assured Flood Storage by Canadian Dams 1. 9 MAF Assured, One time payment of $64M 2. After 2024 - Called-Upon/Effective Use 3. Canadian Entitlement - 50% of the power that US produces from Canadian water; Average annual now $150-250M value *No consideration for Ecosystem Function or the rights and interests of Tribal Nations

1964 Columbia River Treaty Signed

1964 Political Art

Prevent flooding in Portland The Vanport Flood

Permanent and Annual flooding upriver

Renewal of the Columbia River Treaty; Years of Work & Preparation Indigenous Voices Impacted the Process o 15 Tribes Coalition started in 2009; Common Views Document 2010 o Fish Reintroduction into the U.S. And Canadian Upper Columbia River-Feb. 2014, Joint Fish Passage Paper o Eco-based System Function Definition o US Regional Recommendation was developed in a multi-year process by federal agencies, communities, tribes and NGOs; Endorsed by ALL Congressional Representatives from the PNW o Circular 175; Official State Department Position 2014 o AND it includes Ecosystem Based Function (EbF) as an equal pillar by which a modernized Treaty will stand;

15 Columbia River Tribes Coalition advocate for a seat at the negotiation table Tribes are fighting to maintain their inherent rights and resources Water Modeling Multi-Jurisdictional Group Power Group wants to work with Tribes to ensure a better outcome Tribal Focus

US and Canada began negotiations with informal meetings Chief Negotiator; Jill Smail, appointed by current Administration, a career appointee, supports the Regional Recommendation. Decided Tribes will not be a part of the negotiation team. Federal Agencies will carry Tribes interests and eco-system based function. AND, US Chief Negotiator ENDS the Collaborative Water Modeling Group on 2/2/18 Negotiations Begin This Summer?

Columbia River Hydropower Influence on Treaty BPA s 2018-2023 Strategic Plan: 1. Strengthen financial health by meeting objectives for cost management, liquidity, debt utilization, debt capacity and credit ratings. 2. Modernize assets and system operations to leverage and enable industry change. 3. Provide competitive power products and services. 4. Meet transmission customer needs efficiently and responsively. *How will the Feds carry Tribes and Ecosystem Function issues?

Equity and Environmental Justice Issues o Upriver permanently flooded to protect floods downriver o 40% of salmon loss from above Grand Coulee o Salmon spawn inland, but harvest is at ocean & lower river o 2013 BPA mitigation funding: $461 million o Policy: 70% of BPA mitigation dollars goes downriver o BPA funding to areas above blockage: 16% o FERC requires Fish Passage at private dams; not Grand Coulee or Chief Joseph Dams

Access to habitat and cold refugia in those Canadian waters, especially with effects of climate change! Spring, summer, fall Chinook; Coho; Sockeye and Steelhead previously made it into Canada All studies show that the Columbia still has quite the capacity for salmon production Moreover, restoring these habitat areas can deliver cultural and economic benefits for all; We have Phase 1 Study nearly Completed UCUT Objective: Salmon Must Get Past the Dams

We can look for water on Mars, but we can t get a salmon above a Dam? Chief Joseph Hatchery built and operated by the Confederated Tribes of the Colville Reservation Photo courtesy of the Confederated Tribes of the Colville Reservation Fish and Wildlife Department https://www.cct-fnw.com/salmon-hatchery

Fish Passage and Reintroductio n Methodical, Experimental, Expansive, Long-term Phase I: Pre-assessment planning for reintroduction and fish passage. NEARING COMPLETION Promising Results Phase II: Experimental, pilot-scale salmon reintroductions and interim passage facilities. Phase III: Construct permanent juvenile and adult passage facilities and supporting propagation facilities. Implement priority habitat improvements. Phase IV: Monitoring, evaluation, and adaptive management. Continue needed habitat improvements. Parallel Path- with certain key pieces of information provided in Phase 1 the tribes are pursuing moving forward with cultural releases during phase 1. -The science completed to date provide the necessary information to begin cultural releases. (donor stock, risk and habitat assessments) -Releases during Phase 1 are consistent with both the 15 tribes coalition document and the NPPC Fish and Wildlife Program 2014 amendment.

Phase 1 Fish Passage Study Results Promising Results Some excellent Donor stocks; Spring &Summer/Fall Chinook, Sockeye (some concerns around Steelhead) Habitat is significant and suitable! Potential Tributary Habitats; 355 miles for Chinook Tributary Capacity; 13,339 Spring & Summer/Fall Chinook, 34k 1 million San Poil sockeye Rufus Woods Reservoir; 600 to 20,000 summer/fall chinook Roosevelt Smolt Reservoir; 12 million to 48.5 million sockeye Life Cycle Modeling; Reservoirs provide substantial habitat; Floating Surface Collectors are essential; Reintroduction appears potentially viable

Salmon Survival Today! Salmon severely impacted by: o Hydropower Dams o Columbia River Treaty Operations o Legacy and Current Pollution o Cost and Legal Implications Nearly 80 years without salmon is too long for Tribes and the ecosystem

Broaden the Salmon Coalition We All Need to Work Together on Salmon o Orca populations are in dire straits and need food o Lack of food has dramatically increased infant mortality o Chemical contamination o Marine Noise from Tourism and DoD o Governor just started Orca Task Force, UCUT participating o The next step for the No Coal Trains and Standing Rock to this region s main issue; Salmon. o Strengthen a Salmon Coalition together with a region wide voice, just like the 15 Tribes Coalition on the Columbia River Treaty.

HR 3144 Impacts It is NOT Salmon Friendly; It will: Wreak havoc on salmon and orca, fishing communities, the courts, federal laws including the ESA and NEPA. Potentially, overturn the historic court decision salmon advocates won in 2016, rollback protections (increased spill) for at-risk salmon and derail the courtordered CRSO, including an analysis of lower Snake River dam removal Sponsor Rep. McMorris Rodgers is also pushing a rider on an upcoming appropriations bill. The rider will roll back the increased spill to help endangered salmon that the court recently ordered and that the 9th Circuit Court of Appeals upheld when the dam agencies challenged it. The spending bill is scheduled for a vote in the Appropriations Committee

HR 3144; Devil is in the Details Striking Amendments: (Sec. 4) No structural modification, action, study, or engineering plan may restrict electrical generation at any FCRPS hydroelectric dam or limit navigation on the Snake River in Washington, Oregon, or Idaho unless authorized by Congress. (SEC. 507) None of the funds made available by this Act may be used for the removal of any federally owned or operated dam unless the removal was previously authorized by Congress. The bill also attempts to: Repeal the Waters of the United States rule. Restricts the application of the Clean Water Act in certain agricultural areas, including farm ponds and irrigation ditches. Includes language allowing the possession of firearms on Corps of Engineers lands.

Standing Rock Effort for the Columbia River and Salmon We must change the narrative of the story! o Everyday people should not be the villains in this climate change story; a people always polluting, not caring o We must mount a full scale effort together to change what is happening to salmon and the environment. o The heroes in this story come together to defeat climate change, create fish passage and provide for our families o The heroes are right here in this room; in every community! Water is Life!

Beginning: The Legacy of Our Generation What will we have done to garner the admiration of our grandchildren? Chief Dan George o We have the knowledge and ability to achieve fish passage for our future! We have a plan using Best Available Science! o We can come together to address climate change impacts, use applied best available science, provide habitat for these species and for a better ecosystem o The river and salmon species deserve our informed action! o We must modernize the Columbia River Treaty to benefit all for all possible ecosystem and industrial needs; quality of life! 23

Many Thanks! Way lim limpt Questions? www.ucut-nsn.org dr@ucut-nsn.org john@ucut-nsn.org