*UPPER COLUMBIA UNITED TRIBES*

910 N. Washington, Suite 107

Spokane, Washington 99201

![](media/image3.png){width="2.1458333333333335in"
height="0.8958333333333334in"}(509) 838-1057

Colville \* Coeur d'Alene \* Kalispel \* Kootenai \* Spokane

May 27, 2004

Judi Danielson, Chair

Northwest Power and Conservation Council

851 S.W. Sixth Avenue, Suite 1100

Portland, Oregon 97204-1348

RE: Recommended Measures for the Intermountain Province Plan

Dear Ms. Danielson:

Please accept these recommendations from the Upper Columbia United
Tribes (UCUT) as components of subbasin plans for the Intermountain
Province (IMP). Our support for the six IMP subbasin plans (Coeur
d'Alene, Upper Columbia, Lake Rufus Woods, Pend Oreille, San Poil, and
Spokane) is contingent upon the NPCC\'s adoption of the measures
submitted with this letter.

This letter and attachments are intended to provide the Northwest Power
and Conservation Council (NPCC) with the UCUT member Tribes\' measures
as required under sections 839b(h)(2) and 839b(h)(2)(A) of the Northwest
Power Planning and Conservation Act (Act). In considering the enclosed
measures for amendment into the Program, the NPCC should consider four
important principles:

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1)  Consistency with the Northwest Power Act;

2)  Consistency with past Program precedent and definition of measures;

3)  Consistency with the deference required by the NPCC under applicable
    law to the recommendations of the Fish and Wildlife Managers and
    Tribes; and

4)  Consistency with the legal rights of Indian Tribes and the federal
    government\'s unique trust relationship with the Tribes.

Judi Danielson, Chair, NWPCC Page 2.

May 27, 2004

UCUT\'s member Tribes have participated in and support the full adoption
of the IMP Plan as submitted to the NPCC for amendment into its Fish and
Wildlife Program, with the enclosed measures as essential components of
that plan. These measures: are supported by and consistent with the
subbasin plans; have been developed in coordination with other fish and
wildlife managers; and, are not in conflict with other fish and wildlife
managers\' efforts or strategies within the subbasin plans.

While UCUT supported the NPCC's retention of measures from previous Fish
and Wildlife Programs pending the adoption of subbasin plans, we
understand those previous measures sunset with the amendment of subbasin
plans into the Program. Therefore, measures for the IMP Plan are
intended to continue and supplement past program measures. Timely
implementation of these measures will avoid pushing more species onto
the endangered list and losing ground in recovery and mitigation for
federal hydropower impacts.

Since subbasin planning incorporates goals broader than the Program\'s
focused intent on addressing federal hydropower impacts, we are
submitting measures for adoption as part of the IMP Plan. These measures
specifically address BPA\'s obligations and responsibilities for fish
and wildlife mitigation in the IMP, and full implementation is necessary
to remain consistent with the Act and the NPCC Fish and Wildlife
Program. It is UCUT's recommendation that the Council adopt these
measures as submitted.

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If the NPCC chooses not to accept these recommendations, section
839b(h)(7) of the Act requires the NPCC to fully explain, in writing,
why it acted in opposition to the recommendations of the Tribes. We look
forward to working with the NPCC members and staff, the Independent
Scientific Review Panel and the Bonneville Power Administration to
ensure the measures are understood and incorporated in the Fish and
Wildlife Program. Please do not hesitate to contact UCUT Central Office
or member Tribes to further discuss issues related to the IMP subbasin
plan and our collective measures as submitted.

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Thank you for your attention to this important matter.

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Sincerely,

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Warren Seyler,

Chairman, UCUT

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Enclosures

Judi Danielson, Chair, NWPCC Page 3.

May 27, 2004

cc: Jim Kempton

Melinda Eden

Gene Derfler

Ed Bartlett

John Hines

Frank "Larry" Cassidy

Tom Karier

UCUT Member Tribes