Along with their primary water, power, resource, and other management  and regulatory responsibilities, these agencies are responsible under  various laws, treaties, executive orders, and court decisions for protecting,  mitigating, and enhancing fish and wildlife resources in the basin, as well as  involving the tribes in the process. A Multilayered Collection of Directives Defines Federal Responsibilities to Fish, Wildlife, and Tribes in the Columbia River Basin

Federal responsibilities for protecting, mitigating, and enhancing fish and  wildlife resources in the basin, as well as involving the tribes in the process,  are defined by a multilayered collection of laws, treaties, executive orders,  and court decisions. Federal responsibilities and activities under these layers of  directives have been defined and clarified over the years through numerous  court decisions. Agency Responsibilities Are Defined by Nationwide, Basin-specific, and Mission-specific Fish and Wildlife Directives

Federal agencies are responsible under nationwide, basin-specific, and  agency mission-specific laws for mitigating the impacts of their activities  that could potentially harm fish, wildlife, and their habitat. Treaties and executive orders also establish federal agency responsibilities  for fish and wildlife. These decisions provide guidance regarding the fish and wildlife activities  of federal agencies such as Bonneville, the Corps, and NMFS. Multiple Plans and Programs Guide Federal Fish and Wildlife Activities in the Basin

Federal agency fish and wildlife activities in the basin are guided by  numerous plans and programs, but the majority of fish and wildlife benefits  are achieved through a few key collaborative plans, driven by the  Northwest Power Act and the ESA. Under the Northwest Power Act, the  Columbia River Basin Fish and Wildlife Program outlines a collaborative  strategy for benefiting fish and wildlife affected by the development and  operation of hydroelectric dams in the Columbia River Basin, and under  the ESA, agencies are guided by biological opinions developed  collaboratively by FWS and NMFS for the recovery of threatened and  endangered species, as well as by two other related collaborative plans. Additional laws and specific agency missions drive numerous other  collaborative and individual fish and wildlife plans and programs. The Northwest Power Act directs Bonneville to fund the protection,  mitigation, and enhancement of fish and wildlife in a manner consistent  with the act. Agency Comments and Our Evaluation

We provided copies of our draft report to the Departments of Agriculture,  Commerce, Defense, the Interior, as well as Bonneville and EPA. Bonneville and the Departments of Agriculture and Commerce provided  official written comments. We made changes to the report, where  appropriate, based on the technical comments provided by the three  entities that commented on the report. The Department of the Interior did  not provide comments in time to be included in this report. Scope and Methodology

To identify and describe the laws, treaties, executive orders, and court  decisions that define the responsibilities of the Bonneville Power  Administration (Bonneville) and other federal agencies to perform  activities benefiting fish and wildlife in the Columbia River Basin and  involve tribes in the process, we reviewed our prior report on salmon and  steelhead recovery activities in the Columbia River Basin for 11 agencies  with significant responsibility for fish and wildlife in the Pacific  Northwest. Fish and  Wildlife Service (FWS), and U.S. Geological Survey (USGS) within the  Department of the Interior; the U.S. Army Corps of Engineers (Corps)  within the Department of Defense; the National Marine Fisheries Service  (NMFS) within the Department of Commerce; and the Environmental  Protection Agency (EPA). In accordance with our policy to refrain from addressing matters that are in  litigation, we did not examine or report on any issues that are before the  court.
Why GAO Did This Study

Numerous federal agencies conduct water, power, or resource management activities affecting the fish and wildlife of the Columbia River Basin, as well as the 13 tribes residing there. These agencies, such as the Bonneville Power Administration (Bonneville), Army Corps of Engineers, and Forest Service, and regulatory agencies, such as the National Marine Fisheries Service, are also responsible for protecting, sustaining, and enhancing fish and wildlife resources in the basin and involving the tribes in the process. Recently, Bonneville's financial position deteriorated significantly, and some tribes in the basin challenged Bonneville's actions modifying funding of fish and wildlife activities in federal court. In this context, GAO agreed to (1) identify and describe the laws, treaties, executive orders, and court decisions that define federal responsibilities to perform activities benefiting fish and wildlife in the basin and involve the tribes, and (2) describe the plans and programs that guide these respective fish and wildlife activities. In accordance with our policy to refrain from addressing matters that are in litigation, GAO did not examine any issues that are before the court.

What GAO Found

Federal responsibilities for protecting, mitigating, and enhancing fish and wildlife resources in the basin, as well as involving the tribes in the process, are defined by a multi-layered collection of laws, treaties, executive orders, and court decisions. Nationwide, basin-specific, and agency mission-specific laws create responsibilities for federal agencies to mitigate the impacts of federal activities that could potentially harm fish, wildlife, and their habitat. For example, the Endangered Species Act establishes nationwide responsibilities for agencies to protect listed species, while the Northwest Electric Power Planning and Conservation Act (Northwest Power Act) establishes responsibilities in the basin to mitigate the impacts of hydropower development, and each agency has mission-related responsibilities to fish and wildlife, such as the Forest Service's responsibilities under the National Forest Management Act. Regarding tribes, federal agencies must consult and collaborate with Indian tribes on fish and wildlife activities that may impact tribal rights established under various treaties and executive orders. Federal responsibilities and activities under these laws, treaties, and executive orders have been defined and clarified over the years through numerous court decisions. Federal agency fish and wildlife activities in the basin are guided by numerous plans and programs, but the majority of fish and wildlife activities are driven by the Northwest Power Act and the Endangered Species Act. Under the Northwest Power Act, the Columbia River Basin Fish and Wildlife Program addresses all fish and wildlife impacted by the Federal Columbia River Power System, and under the Endangered Species Act, agencies are guided by the biological opinions developed by the National Marine Fisheries Service and the U.S. Fish and Wildlife Service for the protection of threatened and endangered species, as well as two other related collaborative plans. Agency participation in these key efforts varies widely, from mandatory funding of fish and wildlife activities to voluntary collaboration on the design of activities, but interagency collaboration is essential to successful implementation of these activities. In addition, other laws and specific agency missions drive numerous other collaborative and individual fish and wildlife activities. We provided copies of our draft report to the Departments of Agriculture, Commerce, Defense, the Interior, as well as Bonneville and the Environmental Protection Agency. Bonneville and the Departments of Agriculture and Commerce provided official written comments. The comments were generally technical in nature and we made changes to the report, where appropriate. The Department of Defense and the Environmental Protection Agency had no comments on the report. The Department of the Interior did not provide comments in time to be included in this report.