SAFE Pathways Act
- Bill Number
- H.R. 7940
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-03-16: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-04-01T07:23:28Z
AI-Generated Summary
H.R. 7940: Safeguarding Aquatic Fisheries and Ecosystem Pathways Act (SAFE Pathways Act)
Purpose
This bill aims to protect aquatic ecosystems by requiring federal agencies to consider the risks posed by invasive species when designing or mandating "fishways." Fishways are structures, like ladders or elevators, that help fish migrate past dams or other barriers in waterways, often related to hydroelectric power projects.
Key Provisions
- Amends Section 18 of the Federal Power Act (16 U.S.C. 811), which governs fishway requirements for certain hydropower licenses.
- Adds a new mandate: When prescribing (i.e., requiring or specifying) a fishway, the Secretary of Commerce (overseeing NOAA fisheries) or Secretary of the Interior (overseeing U.S. Fish and Wildlife Service), as appropriate, must consider the threat of invasive species.
- Requires consultation with the relevant state where the fishway will be located before finalizing the design.
Significant Changes to Existing Law
- Previously, Section 18 focused on protecting native fish species through fishways but did not explicitly require consideration of invasive species risks.
- This bill inserts a single sentence after the existing reference to the Secretary of Commerce, making invasive species evaluation a mandatory step in the fishway prescription process.
Potential Impacts
- Government agencies: NOAA and U.S. Fish and Wildlife Service will need to integrate invasive species assessments into their processes, potentially increasing consultation time and costs for fishway approvals.
- Citizens and environment: Could reduce the spread of harmful invasive species (e.g., zebra mussels or Asian carp) through fishways, benefiting native fish populations, fisheries, and local ecosystems.
- Hydropower industry: May delay or modify fishway installations at dams, affecting project timelines and costs for operators.
- No direct impacts on international relations noted.
Main Stakeholders Affected
- Federal agencies: Secretaries of Commerce and Interior (NOAA, U.S. Fish and Wildlife Service).
- State governments: Involved in consultations for fishways in their jurisdictions.
- Hydropower operators and utilities: Subject to fishway requirements under Federal Power Act licenses.
- Environmental groups and fisheries: Benefit from enhanced protections against invasives.
- Local communities: Near waterways, potentially gaining from healthier ecosystems and fisheries.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens environmental review under the Federal Power Act without creating new agencies or major funding; relies on existing consultation processes, which could face challenges if states disagree on invasive threats.
- Constitutional: No apparent issues; aligns with Congress's authority over interstate commerce and federal waters.
- Political: Bipartisan sponsorship (e.g., Reps. Grothman, Pocan, Wied) suggests broad appeal for balancing energy development with ecological protection; referred to House Committee on Energy and Commerce for further review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Pocan, Mark [D-WI-2], Rep. Wied, Tony [R-WI-8]
Recent Actions
- 2026-03-16: Referred to the House Committee on Energy and Commerce.
- 2026-03-16: Introduced in House
- 2026-03-16: Introduced in House
Bill Versions
- Safeguarding Aquatic Fisheries and Ecosystem Pathways Act — issued 2026-03-16 — PDF (2 pages)