To amend the Elwha River Ecosystem and Fisheries Restoration Act to provide further for the acquisition and removal of the Elwha dam and acquisition of Glines Canyon dam and the restoration of the Elwha River ecosystem and native anadromous fisheries, and for other purposes.

SECTION 1. ACQUISITION OF PROJECTS AND REMOVAL OF DAMS.

    The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 
3173) is amended by striking section 3 and inserting the following:

``SEC. 3. ACQUISITION OF PROJECTS.

    ``(a) In General.--As soon as practicable after sums are 
appropriated for the purpose, the Secretary shall acquire the Elwha 
Project and Glines Project for a purchase price of $29,500,000.
    ``(b) Release From Liability.--
            ``(1) In general.--Subject to paragraph (2), the 
        acquisition of the Projects shall be conditioned on a release 
        from liability providing that all obligations and liabilities 
        of the owner and the local industrial consumer to the United 
        States arising from the Projects, based on ownership or on a 
        license, permit, contract, or other authority (including 
        Project removal and any ecosystem, fish and wildlife 
        mitigation, and restoration obligations), shall, from the 
        moment of title transfer, be deemed to have been satisfied.
            ``(2) Liability to indian tribes.--The United States may 
        not assume or satisfy the liability, if any, of the owner or 
        local industrial consumer to any federally recognized Indian 
        tribe, nor shall any such liability be deemed satisfied without 
        the consent of the Indian tribe.
    ``(c) Elwha Project.--
            ``(1) Removal of dam.--
                    ``(A) In general.--After acquiring the Elwha 
                Project, the Secretary as soon as practicable after 
                sums are appropriated for the purpose, shall remove the 
                Elwha dam.
                    ``(B) Protection of water supply.--
                            ``(i) In general.--Before commencing 
                        removal of the Elwha dam or taking any steps to 
                        breach, bypass, or otherwise alter the water 
                        flow from the Elwha dam, the Secretary shall 
                        take all such actions as are necessary to 
                        ensure the continued availability, after 
                        removal of the dam, of the quantity and quality 
                        of water that is available, as of the date of 
                        enactment of this paragraph, to the city of 
                        Port Angeles, Washington, the Dry Creek Water 
                        Association, current (as of the date of 
                        enactment of this paragraph) and future 
                        industrial water users, and other current users 
                        of water from the Elwha River.
                            ``(ii) Actions included.--The actions that 
                        the Secretary shall, subject to the 
                        availability of appropriations, take under 
                        clause (i) include--
                                    ``(I) the design, construction, 
                                operation, and maintenance of new or 
                                improved water treatment or storage 
                                facilities; and
                                    ``(II) the mitigation of any injury 
                                to fisheries and remediation of any 
                                degradation in water quality that may 
                                result from the removal of or any other 
                                change in the water flow from the Elwha 
                                dam.
                            ``(iii) Payment of costs.--The cost of each 
                        action taken under clause (i), subject to the 
                        availability of appropriations, shall be borne 
                        by the Secretary.
            ``(2) Evaluation of effect of removal.--During the removal 
        phase of the Elwha dam, the Secretary shall make a thorough 
        evaluation of the impact of removal of the dam on fish runs, 
        and submit his findings to Congress.
            ``(3) Compensation for lost revenue.--After the acquisition 
        of the Projects, the Secretary shall pay the Clallam County 
        Board of Commissioners $150,000 per year for a period of 12 
        years, subject to the availability of annual appropriations, 
        for the purposes of recovering lost revenue under the condition 
that the county dedicate at least 50 percent of each payment to 
studying the river system before, during, and after dam removal.
            ``(4) Prior efforts.--Efforts by the Secretary prior to 
        enactment of this paragraph to evaluate the environmental 
        impacts of dam removal are declared to meet and fully comply 
        with any otherwise applicable provisions of section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536) and the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332) for 
        purposes of removing the Elwha Dam as provided under this Act.
    ``(d) Glines Project.--
            ``(1) Glines canyon dam operations.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), the Secretary shall continue operation of the 
                Glines Canyon dam after the Elwha dam has been removed 
                subject to the availability of funds for that purpose.
                    ``(B) Engineering, design, and evaluation.--As soon 
                as practicable after the date of enactment of this 
                paragraph, the Secretary shall--
                            ``(i) complete an engineering and design 
                        study to determine the most cost-effective 
                        manner in which transmission lines and 
                        operational controls can be reconfigured to 
                        permit continued operation of the Glines Canyon 
                        dam as provided in subparagraph (A); and
                            ``(ii) evaluate the impact that managing 
                        the Glines Canyon Project for fisheries 
                        restoration will have on future hydropower 
                        operations.
            ``(2) Fisheries restoration enhancement efforts.--
                    ``(A) Annual restoration work plan.--As soon as 
                practicable after the date of enactment of this 
                paragraph and each year thereafter, the Secretary 
                shall, in consultation with the appropriate Federal, 
                State, tribal, and local entities, develop an annual 
                work plan that clearly defines all requirements 
                necessary to achieve the ecosystem restoration 
                objectives of this Act. The Secretary's annual work 
                plan shall include, but is not limited to, specific 
                details on engineering and environmental studies 
                (including plans and specifications) for dam removal, 
                water supply, reconfiguration of power, and river 
                restoration measures. The work plan shall include a 
                schedule of yearly activities, major milestones, and 
                performance measurement criteria.
                    ``(B) Independent scientific review panel.--
                            ``(i) The Secretary shall appoint an 
                        Independent Scientific Review Panel (Panel), 
                        which shall be comprised of eleven members, to 
                        review progress toward restoration of the Elwha 
                        River ecosystem and the contribution of removal 
                        of the Elwha River Dam toward restoration. 
                        Members shall be appointed from a list of no 
                        fewer than 20 scientists submitted by the 
                        National Academy of Sciences (Academy): 
                        Provided, That Pacific Northwest scientists 
                        with expertise in anadromous and non-anadromous 
                        fish and wildlife and ocean experts shall be 
                        among those represented on the Panel. If 
                        appointments are required in subsequent years, 
                        the Secretary shall request nominations from 
                        the Academy and the Academy shall provide 
                        nominations not later than 90 days after the 
                        date of this request. If the Academy does not 
                        provide nominations within 90 days of enactment 
                        of this Act, the Secretary may appoint such 
                        members as the Secretary deems appropriate.
                            ``(ii) Conflict of interest and 
                        compensation.--Panel members may be compensated 
                        and shall be considered subject to the conflict 
                        of interest standards that apply to scientists 
                        performing comparable work for the National 
                        Academy of Sciences. All expenses of the Panel 
                        shall be paid by the Secretary as provided for 
                        under clause (vii). The Panel shall not be 
                        deemed an advisory committee within the meaning 
                        of the Federal Advisory Committee Act.
                            ``(iii) Project criteria and review.--The 
                        Panel shall, in consultation with the 
                        Washington Department of Fish and Wildlife, the 
                        National Marine Fisheries Service, the Lower 
                        Elwha Klallam Indian Tribe and the Elwha 
                        Citizens' Advisory Committee, review the 
                        Secretary's annual work plan for Elwha 
                        Ecosystem Restoration and make recommendations 
                        on matters related to such work plan to the 
Secretary no later than June 15 of each year. If the Secretary does not 
receive the recommendations by this date, the Secretary may proceed to 
implement the work plan, relying on the best information available. The 
Panel shall base its recommendations on a determination that the work 
plan is based on sound science principles; benefit fish and wildlife; 
and have a clearly defined objective and outcome with provisions for 
monitoring and evaluation of results. In making its recommendations to 
the Secretary, the Panel shall determine whether the work plan employs 
cost-effective measures to achieve the objectives of this Act. The 
Panel, with assistance from the Washington Department of Fish and 
Wildlife, the National Marine Fisheries Service, the Lower Elwha 
Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, shall 
review, on an annual basis, the results of prior year expenditures 
based upon these criteria and submit its findings to the Secretary for 
its review.
                            ``(iv) Evaluation of elwha dam removal.--
                        Each year following removal of the Elwha Dam, 
                        the Panel shall, in consultation with the 
                        Washington Department of Fish and Wildlife, the 
                        National Marine Fisheries Service, the Lower 
                        Elwha Klallam Indian Tribe and the Elwha 
                        Citizens' Advisory Committee, evaluate the 
                        contribution of removal of the Elwha River Dam 
                        toward restoration of the Elwha River 
                        ecosystem. Based in its evaluation under this 
                        subparagraph, the Panel shall provide 
                        recommendations to the Secretary with regard to 
                        removal of the Glines Canyon Dam.
                            ``(v) Public review.--Upon completion of 
                        the review of the Secretary's annual work plan 
                        and its evaluation of the removal of the Elwha 
                        Dam, the Panel shall submit recommendations on 
                        the work plan and removal of the Glines Canyon 
                        Dam to the Secretary. The Secretary shall make 
                        the Panel's findings available to the public 
                        and subject to public comment.
                            ``(vi) Responsibilities of the secretary.--
                                    ``(I) The Secretary shall fully 
                                consider the recommendations of the 
                                Panel when implementing the Secretary's 
                                annual work plan, and if the Secretary 
                                does not incorporate a recommendation 
                                of the Panel, the Secretary shall 
                                explain in writing its reasons for not 
                                accepting Panel recommendations. If the 
                                Secretary finds the recommendations 
                                inconsistent with this Act, he must 
                                notify the Panel, in writing, within 30 
                                days of receiving their 
                                recommendations. The Secretary, after 
                                consideration of the recommendations of 
                                the Panel and other appropriate 
                                entities, shall be responsible for 
                                making the final recommendations to 
                                Congress for appropriations to 
                                implement the work plan.
                                    ``(II) The Secretary shall take 
                                steps to remove the Glines Canyon Dam 
                                after receiving a recommendation from 
                                the Panel to do so.
                            ``(vii) Cost limitation.--The cost of this 
                        provision shall not exceed $1,000,000 in 1998 
                        dollars.
                            ``(viii) Expiration.--This paragraph shall 
                        expire 20 years after the date of the enactment 
                        of his paragraph.''.

SEC. 2. CONTRACTING OUT PROVISIONS.

    The Secretary shall, to the fullest extent practicable, obtain by 
procurement from private sources all services necessary to execute the 
planning, engineering, design, and construction requirements necessary 
to comply with the provisions of this Act.

SEC. 3. CONFORMING AMENDMENTS.

    The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat. 
3173) is amended--
            (1) in section 4--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Effective'' and all that follows 
                        through ``implement'' and inserting ``Effective 
                        60 days after date of conveyance of the 
                        Projects, the Secretary shall, subject to the 
                        availability of appropriated funds, take such 
                        actions as are necessary to implement''; and
                            (ii) in paragraph (1), by striking 
                        ``referred to in section 3(c)(2) for the 
                        removal of the dams and full;'' and inserting 
                        ``for the removal of the Elwha dam and''; and
                    (B) in the first sentence of subsection (b), by 
                striking ``referred to in section 3(c)(2)'';
            (2) in section 5(a), by striking ``as provided in section 
        3(e)'';
            (3) in section 6--
                    (A) in the first sentence of subsection (a), by 
                striking ``makes the determination to remove the dams 
                and''; and
                    (B) in the first sentence of subsection (b)(1)--
                            (i) by striking ``makes the determination 
                        to remove the dams and''; and
                            (ii) by inserting ``of the Elwha Project'' 
                        after ``removal''; and
            (4) in section 7(a)--
                    (A) by striking ``makes the determination to remove 
                the dams and''; and
                    (B) by inserting ``of the Elwha Project'' after 
                ``removal''.

SEC. 4. COLUMBIA-SNAKE RIVER HYDROELECTRIC SYSTEM PROTECTION.

    (a) In General.--Under no circumstances shall removal of dams on 
the Elwha River be considered a precedent of any kind for removal of 
dams on other rivers.
    (b) Congressional Authorization Required.--Except as otherwise 
provided in this Act, no dam, impoundment, or other facility on the 
Columbia River or Snake River or their tributaries that is owned or 
operated by an agency of the United States for flood control, 
hydroelectric power generation, irrigation, navigation, or other 
congressionally authorized purpose may be removed or significantly 
modified structurally, except for reasons of safety or necessary 
repairs, unless specifically approved by an authorization or 
appropriation by Congress.

Summary: Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Projects for a purchase price of $29.5 million. Conditions such acquisition on a release of the owner and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owner or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project and as soon as sums are appropriated for such purpose, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users. (2) during the removal phase, to thoroughly evaluate the removal's impact on fish runs and submit findings to the Congress. And (3) subject to appropriations, to pay specified compensation for a period of 12 years to the Clallam County Board of Commissioners for revenues lost due to such removal . Directs the Secretary to continue operation of the Glines Canyon dam after the Elwha dam has been removed, subject to appropriations. Requires the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of transmission lines and dam operational controls. And (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to: (1) develop an annual work plan that defines all requirements necessary to achieve the ecosystem restoration objectives of the Act. And (2) appoint an Independent Scientific Review Panel to review progress toward restoration of the Elwha River ecosystem and the contribution of removal of the dam toward restoration. Requires the Panel to make recommendations to the Secretary on the work plan and removal of the Glines Canyon dam. Directs the Secretary to take steps to remove the Glines Canyon dam after receiving a Panel recommendation to do so. Prohibits, except as otherwise provided in this Act and for safety or necessary repairs, the removal or significant modification of any US-owned or -operated dam or other facility on the Columbia or Snake Rivers without specific congressional approval.