This project is a Zone 6 fisheries CRITFC Accord project which was given consideration for its relevance to the John Day Mitigation Reprogramming Plan that is being developed by the U.S. v. Oregon parties and the U.S. Army Corps of Engineers. In year 4 of the CRITFC Accords contract the sponsor will develop a draft and final project plan; a feasibility study to further evaluate the project preferred alternative; a Statement of Work for FY13; an annual report; and quarterly status reports. CRITFC will coordinate with BPA and the Council on the appropriate level of scientific review necessary to implement a production or supplementation plan including necessary environmental clearances.

The Treaty Tribal fishery benefits directly from John Day Mitigation production, as the majority of returning adults must transit the entire Zone 6 fishery on their way back to release sites at Priest Rapids, Ringold Springs, and othe JDM program release sites.  maintaining the John Day Mitigation program fish production for the benefit of the Treaty Tribal fishery is a high priority for all of the Treaty tribes.  The CRITFC Commission has requested action on this Accords project to contribute to benefits of the Treaty Tribal fishery in Zone 6.

A Request for Quotations (RFQ) was developed in December 2011 to provide technical and planning support to the tribes through assistance provided by an engineering firm.  Because several concurrent projects had been developing independently, there was a need for a consulting engineering firm to assist CRITFC in disseminating information from these concurrent feasibility studies for the Zone 6 fisheries CRITFC Accords project.  Shortly after the RFQ submittal, a request to pull the RFQ from the FedBizOps website was submitted by staff of the CTUIR, with approval from the CTUIR Board of trustees and Fish & Wildlife Commission.  The reason provided for pulling the RFQ was based on historical interpretations of "ceded lands" between the CTUIR and the YN.  Given that the JDR project proposal Option 1 included plans for building a fish propagation/release facility in the lower Yakima River basin, longstanding concerns regarding tribal jurisdiction over ceded lands provided the justification for pulling the RFQ until all four tribes had an opportunity to consult on the matter and develop an appropriate course of action.  The process for consultation and discussion was developed at the Policy level amongst tribal representatives.  Soon after the RFQ was pulled the CTUIR submitted an informal proposal to include a third JDR project option.  This proposal called for a feasibility study to address alternative species propagation, specifically lamprey and sturgeon.  The basis for the proposal was founded on the principle that the original John day Mitigation program had not considered alternative species to fall Chinook.  BPA was engaged in these discussions and provided verbal approval for the project at the Policy level.  At the march 2012 CRITFC Commission meeting BPA's verbal approval was discussed, but the proposal had not yet been vetted through the Commission.  By the July 25th CRITFC Commission meeting the CTUIR alternative species proposal was included as an action item for CRITFC Commission approval.  The action item was deferred to the August Commission meeting, at which time the Commission called for a special Commission meeting on September 7, 2012 to address JDM and JDR issues.  Although in-depth discussions took place, no action was taken at that time.  However, the CTUIR committed to hosting meetings with the four tribal Chairmen to discuss the JDM/JDR issues in order to provide approval for the JDR project to move forward.  The issue of ceded lands formed the basis for primary discussions.  Again, the focus was on the siting of a future JDR fish facility in the lower Yakima River basin near the Horn Rapids area of the Columbia River, as well as discussions pertaining to future operational responsibilities for the proposed facilities.  The land areas referred to contain portions of the CTUIR's ceded lands, as well as YN lands, and discussions focused on historical perspectives and interpretations of these lands and jurisdiction thereof.  The four tribal Chairs met informally during the 2012 ATNI conference September 24-27 to further discuss the ceded lands issues and to come to a resolution on the matter.  These discussions resulted in the scheduling of another meeting amongst the four tribal Chairs at the CTUIR offices in Pendleton, OR during mid-October, 2012.  At this meeting the Chairs agreed that the project should not be put in jeopardy, and that it should move forward while the Tribes resolve who should operate the future proposed facilities.  Further, the Chairs and the CTUIR Board of Trustees concluded that "Matters between the four Tribes regarding sovereignty or ceded lands areas are not properly within the scope of CRITFC's function."  A letter filed on October 26, 2012 and signed by Les Minthorn, Chair of the CTUIR Board of Trustees, outlines the aforementioned conclusions and provides clearance for the JDR project to move forward.  

The JDR project was once again scheduled as an action item at the December CRITFC Commission meeting held on December 19-20, 2012.  The Commission voted to proceed with the JDR options as laid out in the October 26, 2012 letter from CTUIR Board of Trustees Chair Les Minthorn.  The options are as follows:

1)  Build an adult handling/acclimation site in the lower Yakima River. The Yakama Nation (YN) completed a feasibility study for fall Chinook lower river (Yakima R.) acclimation and adult holding under their Yakima River Master Plan.  This study was conducted by McMillen Engineering, LLC, and it compares acclimation and adult holding strategies for fall Chinook in the lower Yakima River basin.  Results from this study will provide input for the current Accords project as well, given that reprogramming fall Chinook in the lower Yakima River is a shared objective of both the YN Master Plan and the Accords project.  The current McMillen feasibility study developed concept designs to 15%.  

2)  Implement the first phase of the Confederated Tribes of the Warm Springs Reservation of Oregon (CTWSRO) proposal addressing implementation of a summer run component of the Deschutes fall Chinook population. The CTWSRO needs to further define what will be included in a feasibility study to meet the objective. The issue is highly politicized and potentially contentious. The planning phase was extended by five months to allow time for the CTWSRO proposal to develop. Depending on the level of development it may be included in this contract cycle or occur in a later contract.  

3)  At the beginning of 2012, CRITFC also received a request from the The Confederated Tribes of the Umatilla Indian Reservation (CTUIR) to develop a feasibility study assessing potential locations for sturgeon and lamprey propagation facilities and to provide designs for those facilities. The alternative species issue has not been vetted through the CRITFC and will be evaluated during the extended planning phase. It is included under the coordination and planning work element, and will consist of meetings.  The CTUIR proposal would mean adding additional project objectives to the draft Accords project plan to accommodate all interested tribal parties in a project carrying a capital budget of $4M. The tribes are currently consulting with each other at the policy level to determine next steps in the Zone 6 fisheries CRITFC Accords project planning process.

As of January 2013 the CTUIR has requested that the feasibility study for their proposal (JDR Option 3) be delayed for 1-2 years.  A copy of the email request is provided in the attachment section of this SOW. Therefore, the proposed feasibility study in support of JDR Option 3 will not be addressed during the course of this contract period.

During this time the USACE has been implementing its JDM Ringold Project plan.  The Final Alternatives Report was distributed on October 20, 2012 outlining the project's development to date.  The next phase will be marked by submission of the 90% DDR, which will encompass the final project design and specifications.  The Corps intends to submit final data for inclusion into the DDR by the end of March, 2013.  Monthly PAC/Corps meetings have been held, and progress has been characterized throughout the meetings schedule.  Although the Corps' engineers and consultants have been challenged in locating suitable broodstock-quality water resources at the Ringold site, the co-managers have provided significant input on the issue, and a workable broodstock management plan is taking shape.  The Corps has committed to buildouts at the Ringold site and at the I-182 site.  Thus, early concerns about the need for coordinated timelines between the Corps Ringold project and the CRITFC Accords have come to fruition.  The nature and extent of the JDR project capital budget plan will necessarily depend on the nature and extent of planned facilities at the Ringold
site.  This being the case, the Ringold project 90% DDR submittal in March, 2013 will contain most of the final design elements and water resources should be sufficiently delineated by then.  This will enable PAC to finalize its draft production plans for the new facility.  By the April time frame the tribes will have Ringold data in hand and will be in a much better position to determine the size and scope of the JDR project.  Conversely, if federal funding constraints negatively impact the Ringold project and the Corps is not able to maintain the project schedule, then the tribes may want to move forward with two of the three JDR Plan options.  

Additional tribal proposals have been generated since the December, 2012 CRITFC Commission meeting.  The most recent proposal was brought forth by the YN.  YN staff is currently discussing plans to address their Wahkiacus facility plan utilizing JDR capital project funds.  This proposal, along with other considerations, will require additional time for development of tribal negotiations.  The tribes expect to complete negotiations and planning changes by June 1, 2013.