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National Energy Policy Act

Update: Energy Bill Complete. When the President signed H.R. 6, the “Energy Policy Act of 2005” into law on August 8, 2005, the bill retained all previous provisions for fish passage.

Background: The Department of Energy’s Federal Energy Regulatory Commission (FERC) is responsible for licensing and inspecting all hydroelectric dams. Private power companies apply for the licenses, which typically last 30-50 years, that govern water flows and fish passage requirements. Many of these licenses will expire over the next 15 years, providing the opportunity to manage a better balance between energy production, fish protection and recreational opportunities.

In the late 1980s, the sportfishing community worked with Congress to ensure that state and federal resource agencies would assess and recommend balanced measures to mitigate fishery and angling opportunity losses due to projects permitted under the FERC.

The Issue: It was imperative that fish passage provisions for FERC licensing remain in the new energy bill. Any new energy legislation needed to mandate that FERC licenses provide for fish passage. The 108th Congress failed to pass a comprehensive energy bill in 2004, which created a priority for the 109th Congress in 2005.

Thank you for your help in ensuring that important fish passage provisions were retained in the 2005 Energy Bill.