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<br />154
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<br />PUBLIC LAND LAW REVIEW
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<br />[Vol. 15
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<br />1994] I, ' GRAND CANYON PROTECTION ACT
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<br />155
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<br />B. Use of Scientific Data
<br />
<br />When evaluating the effects of development on natural resources, one
<br />must consider a large number of variables. Ecosystem science is especially
<br />important because the interdependence of each element in the system
<br />requires an interdisciplinary approach to any type of cause and effect
<br />analysis.131 A lesson to be learned from OUf past use of natural resources132
<br />is that single-minded manag.ement and planning_. implemented without the
<br />benefit of adequate scientific inquiry, will most likely cause more harm
<br />than good. This is the case with operations at Glen Canyon Dam, where
<br />wholesale deference to power generation created a number of imbalances
<br />in the ecosystem that now need to be corrected if the many values of the
<br />Grand Canyon are to be preserved, This reactive approach, which results in
<br />part from a lack of scientific investigation, is inefficient. Such an approach
<br />can be avoided by incorporating scientific analysis into resourCe
<br />decisions,Iss
<br />Under the Northwest Power Act-the result of years of destruction of
<br />salmon habitat in the Columbia River watershed-the Council has
<br />responsibility for conducting the scientific investigations necessary to
<br />
<br />crea~e ~uplan under which energy. production, fish, and wildlife can
<br />COexist. For e~ample, the Co~ncIl conducted an extensive study of
<br />energy ~ons~rvauon measures while carrying out a comprehensive review
<br />of the biological and economic effects of increasing stream flows for fish.l36
<br />As a result o~ the research, the fish and wildlife program now requires
<br />water to be spilled over dams or flushed through reservoirs for the benefit of
<br />anadromous fish. This activity causes the loss of hundreds of megawausof
<br />power each year.l36 The loss is partially offset, however, by the conserva-
<br />tion measures which the Act mandates.
<br />
<br />The GCPA, even mare specifically than the Northwest Power Act
<br />also provides for scientific study of resources. In fact, the entire decision~
<br />making process is centered around the EIS and the long-term monitoring
<br />p:ogram.I37 Such ,a direct integration of scknce and management recog-
<br />mzes that the enVironment is a dynamic system and allows for continual
<br />"fine-tuning" of the resource plan. A mandate for integration, however, is
<br />not -enough.
<br />
<br />~cientists have a duty to present their data in a manner that will be of
<br />practical use to resource managers, in this case the BOR. Additionally,
<br />these managers have a duty to try to understand the science, and
<br />~nsequently to understand the potential impacts of the decisions they
<br />tmplement,l33 Good policy choices must take scientific realities into
<br />ac,cou?t. In the GCPA, Congress has provided for the creation of the
<br />SCientIfic database necessary to allow those good choices to be made
<br />. Jus.t ~s important as the legislation itself is the process to impleme~t
<br />Its provIsions. The BOR has chosen to use <<adaptive management," a
<br />conc~pt ,based on the "need for operational flexibility to respond to future
<br />mom:~T1ng,,~~d rese~r~h findi~gs - and variable biological a':ld physical
<br />C?ndltlo.ns. In additIon to bemg adaptive, incorporating a Comprehen.
<br />slve environmental database into daily decisions concerning the operation
<br />of a developed resource seems to reflect what is me?1lt by the term
<br />"ecosystem management. "1'0 The GCP A provides the basis for such 'a
<br />
<br />The GCPA focuses on a more specific problem than the Northwest
<br />Power Act, yet it defines both a goal and set of priorities which the BOR
<br />must use in managing operations at Glen Canyon Dam. The GCPA's goal
<br />is included in the mandate to operate the dam so as to not only protect
<br />downstream resources, but also <<improve the values for which Grand
<br />Canyon National Park_and Glen Canyon National Recreation Area were
<br />established. "128 This directive is subject only to the requirements of the law
<br />of the river.ull The legislative history emphasizes that all other values,
<br />including power generation, are subservient to the goal of protecting the
<br />natural and cultural downstream resources.l3O The main strength of the
<br />GCPA legislation is that it indeed sets these goals and priorities.
<br />
<br />WeSler/1 States and Their River Basins ill a Time ofTransitioll, 59 U.' COLO. L, REV. 551, 562~3
<br />(1988).
<br />128. GCPA ~ 1802(a); see also supra note 6.
<br />129. See supra note 1\.
<br />130. See 138 CONGo REC. SI7.832 (daily ed. O<:t. 8. 1992) whercScn. Bill Bradley, D.N.J.,
<br />I1::jccts the notion that in operation of Glen Canyon Dam. power generation has complete priorityover
<br />all other uses and values in opcraling Glen Canyon Dam.
<br />131. See GCES COMMITTEE, supra note 8, at 34.35.
<br />132. Referred tobysomeasthe"great barbecue:' SeeSnwAuUDAlL, THEQUIETCIUSISAND
<br />THE NEXT GENERATION 54-68, 84 (19M) (quoting Vemon Parrington).
<br />133. The National EnvirOilll1ental Polley A(:t (NEPA), 42 U.S.C. is 4321.437Od (1988 &
<br />Supp. IV 1992) recognized the value of scientific inquiry and incorporated it into the EIS process. A
<br />large number of the natural resource issues currently being dealt with, however, are due to activities
<br />underlaken prior to the implementation of NEPA.
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<br />134, Volkman &. Lee. supra note 127, at 562-65.
<br />135. I NORTHWEST POWER PUNNING COUNCIL, 1991 NORTHWEST CONSERVATION AND
<br />ELECTRIC POWER PUN 9, 14 (1991) [hereinafter POWER. PUN}.
<br />I. ~u.. .
<br />137. Set GCPA is 1804-05.
<br />138. Su Luna B. Leopold, Closing Remarks, il! GCES COMMITTEE. supra note 8, at 256,
<br />139, SUMMARY DRAFT EIS, supra note 80, at 8.
<br />140, The movement toward adaptive management .and the related, but larl!:er, concept of
<br />ec:os~tem management has been en~anced by the creation of the National IDoJogical Survey (NBS)
<br />WithIn the Departme.nl of the Intenor. The NBS was created in September 1993 by order of the
<br />Secretaryo~the IntenorandCongressmadeanappropriation for the new astJlcy in Ihenscal year 1994
<br />bud~et. Un~ted ~tatC$ Oepanment of Interior, Secretarial Order No. 3173. "Establishment of the
<br />National BloJosltal Survey" (Sept. 29, 1993); 1994 Appropriations Act for the Department of t~
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