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Energy Bill Lauded by Trout Unlimited

By Trout Unlimited
Columbia Rive Dam
(click image for detail)

WASHINGTON – The national conservation organization Trout Unlimited (TU)today lauded provisions in the Energy Bill approved by the Senate
yesterday as being much better for fish and wildlife resources than
counterpart provisions in the House Energy Bill.  Specifically, the Senate
did not include harmful House-passed provisions that would allow poorly
regulated oil and gas development on public lands to diminish fish and
wildlife resources.  Also, Senate hydropower provisions improved on
inferior House hydropower language, yet fell short of what is needed to
ensure that the relicensing process for hydroelectric facilities remains
fair and balanced. The Senate Energy Bill now goes to a House-Senate
Conference Committee that will try to reconcile the differences between
the two.

"We commend Senator Domenici (R-NM and Chairman of the Senate Energy and Natural Resources Committee) and Senator Bingaman (D-NM and Ranking Minority Member of the Committee) for heeding our concerns about the oil and gas provisions of the House Energy Bill," said Kira Finkler, Legislative Counsel for TU.  As examples, Finkler pointed to provisions in the House Energy Bill that would exempt the construction of facilities, pipelines, roads and other infrastructure necessary to develop oil and gas resources on public lands from the Clean Water Act.  Others would substantially reduce disclosure of environmental impacts from, and curtail public comment on, development proposals on public lands.  These ill-conceived provisions would result in elevating energy development on public lands to a dominant use over fish and wildlife.
 
The Senate Energy Bill also substantially improved, but did not fix, the
key problem with the hydropower elements of the House Energy Bill.   "We
are pleased that the Senate improved the hydropower section of the bill, but fish and river conservationists did not get what is needed to retain the fairness and balance inherent in the current hydropower relicensing system," said Steve Moyer, Vice President for Government Affairs.

The House Energy Bill establishes new procedures that give hydropower dam owners preferential treatment over all other river stakeholders by
allowing them to develop alternatives to the conditions prescribed by
federal resource agencies, and to second-guess resource agencies'
decisions through a new "trial-type" hearing process.  The most disturbing aspect of these new procedures is that they both would be available only to dam owners.


The Senate Energy Bill wisely would allow all stakeholders equal access to the "trial type" hearing process, and allows equal access to all
stakeholders to the new alternative condition process.  Unfortunately, the Senate Energy Bill still allows dam owners a considerable advantage over other stakeholders by giving them an exclusive right to provide data that may force the rejection of the alternative conditions proposed by other stakeholders.
 
"We especially appreciate the work of several Senators who endeavored to improve the hydropower language, including Senators Chafee (R-RI), McCain (R-AZ), Snowe (R-ME), and Collins (R-ME)," said Moyer. "TU will work with them and other sponsors of the House and Senate Energy Bills to see if we can improve the hydropower provisions in the Conference Committee."

Energy development does not have to damage fish and wildlife habitat on public land, nor does it need to disenfranchise fisheries conservationists from key hydropower decision-making processes.  Public lands and wild rivers are home to some of the most important fish and wildlife habitat and outdoor recreation opportunities in the nation.

"TU has worked successfully with hydropower operators and private
landowners on energy development and land management projects from California to Maine to strike a good balance between developing resources and conserving them," said Finkler. "We will work hard to ensure that the Energy Bill that emerges from the Conference Committee does not undermine balanced resource conservation."

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