Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Swan Falls

Swan Falls Dam -- Congress enacted a Docket Order for the Federal Energy Regulatory Commission with respect to Swan Falls (P.L. 100-216, December 29, 1987, 101 Stat. 1450). This law directed the Federal Energy Regulatory Commission (FERC) to issue a declaratory order to allow the State of Idaho to proceed with a statewide settlement agreement of water rights in the Snake River.

FERC was directed to specify that the Idaho Power Company would not be found to be in violation of its hydroelectric license on the Swans Fall Dam when it joined in the settlement agreement. FERC was also directed to accept and adopt the Offer of Settlement pending before the Commission between the licensee, the State of Idaho, the Secretary of Interior, the National Marine Fisheries Service, and others.

This law required that the parties to the Settlement Agreement negotiate an agreement and finance studies concerning the timing, quantity and quality of instream flows to protect, enhance and mitigate fish and wildlife resources, including anadromous fish and related habitat of the Snake River and the Deer Flat National Wildlife Refuge. The statute also required DOI and NOAA, subject to appropriations, to utilize available funds to conduct these studies.

Federal agencies are to keep the Senate Energy and Natural Resources Committee and the House Energy and Commerce Committee informed of all related developments.

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