PolicyBrief
H.R. 7940
119th CongressMar 16th 2026
SAFE Pathways Act
IN COMMITTEE

The SAFE Pathways Act amends the Federal Power Act to require federal agencies to consider the threat of invasive species when mandating the construction of fishways.

Glenn Grothman
R

Glenn Grothman

Representative

WI-6

LEGISLATION

SAFE Pathways Act Mandates Invasive Species Risk Checks Before New Fishway Construction

The SAFE Pathways Act introduces a common-sense checkpoint into the Federal Power Act. Specifically, it amends Section 18 to require the Secretary of Commerce or the Secretary of the Interior to pause and evaluate the threat of invasive species before ordering the construction of a fishway. While fishways—think of them as ladders or elevators that help fish get past dams—are usually great for local wildlife, they can accidentally become a highway for invasive species like Asian Carp or Sea Lamprey to invade new territory. This bill ensures that federal officials aren't just looking at how to move fish, but also at what unwanted guests might be hitching a ride.

The Invasive Species Guardrail

Under this proposal, federal agencies can no longer greenlight a fishway project in a vacuum. SEC. 2 of the bill mandates that the federal government must consult with the specific state where the project is located to assess these risks. For a local fishing guide or a small business owner on a lakefront, this means the government is checking to make sure a project meant to help salmon doesn't accidentally introduce a predator that wipes out the local ecosystem. By requiring state consultation, the bill brings local expertise to the table, ensuring that people who actually live near the water have a say in whether a new structure poses a long-term threat to their backyard.

Balancing Migration and Protection

While the goal is to protect ecosystems, the bill’s medium level of vagueness regarding what exactly constitutes a "threat" leaves some room for interpretation. For environmental groups or engineers focused solely on restoring natural fish migration routes, this new requirement could potentially act as a speed bump, adding administrative layers to project approvals. Because the bill doesn't define the specific metrics for a "threat," the timeline for these projects could stretch out depending on how long the consultation process takes. However, for most people, the bill acts as a safety switch, ensuring that the push for better fish passage doesn't come at the cost of an invasive species takeover that could ruin local recreation and property values.