IB 

Union Calendar No. 159

108TH CONGRESS 

1ST SESSION H. R. 1945

[Report No. 108–272] 

To authorize the Secretary of Commerce to provide financial assistance to 

the States of Alaska, Washington, Oregon, California, and Idaho for 

salmon habitat restoration projects in coastal waters and upland drainages, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2003

Mr. THOMPSON of California (for himself, Mr. SIMPSON, Mr. CUNNINGHAM, 

Mrs. TAUSCHER, Mr. GREENWOOD, Mr. WU, Ms. WOOLSEY, Mr. FARR, 

Mrs. DAVIS of California, Mr. STARK, Mr. MATSUI, Mr. SMITH of Washington, and Mr. UDALL of Colorado) introduced the following bill; which 

was referred to the Committee on Resources 

SEPTEMBER 16, 2003

Additional sponsors: Ms. ESHOO, Mr. MCGOVERN, Mr. MCDERMOTT, Mr. 

GEORGE MILLER of California, and Mrs. CAPPS

SEPTEMBER 16, 2003

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 1, 2003] 

A BILL

To authorize the Secretary of Commerce to provide financial 

assistance to the States of Alaska, Washington, Oregon, 

California, and Idaho for salmon habitat restoration 
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projects in coastal waters and upland drainages, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pacific Salmon Recovery 

5 Act’’. 

6 SEC. 2. SALMON CONSERVATION AND SALMON HABITAT 

7 RESTORATION ASSISTANCE. 

8 (a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub9 ject to the availability of appropriations, the Secretary of 

10 Commerce shall provide financial assistance in accordance 

11 with this Act to qualified States and qualified tribal govern12 ments for salmon conservation and salmon habitat restora13 tion activities. 

14 (b) ALLOCATION.—Of the amounts available to provide 

15 assistance under this section each fiscal year (after the ap16 plication of section 3(f)), the Secretary—

17 (1) shall allocate 90 percent among qualified 

18 States, in equal amounts; and 

19 (2) shall allocate 10 percent among qualified 

20 tribal governments, in amounts determined by the 

21 Secretary. 

22 (c) TRANSFER.—

23 (1) IN GENERAL.—The Secretary shall promptly 

24 transfer to a qualified State or qualified tribal gov-
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1 ernment that has entered into a memorandum of un2 derstanding under section 3(a) amounts allocated to 

3 the qualified State or qualified tribal government, re4 spectively, under subsection (b) of this section. 

5 (2) TRANSFERS TO QUALIFIED STATES.—The 

6 Secretary shall make the transfer to a qualified State 

7 under paragraph (1)—

8 (A) to the Washington State Salmon Recov9 ery Board, in the case of amounts allocated to 

10 Washington; 

11 (B) to the Oregon State Watershed En12 hancement Board, in the case of amounts allo13 cated to Oregon; 

14 (C) to the California Department of Fish 

15 and Game for the California Coastal Salmon Re16 covery Program, in the case of amounts allocated 

17 to California; 

18 (D) to the Governor of Alaska, in the case 

19 of amounts allocated to Alaska; and 

20 (E) to the Office of Species Conservation, in 

21 the case of amounts allocated to Idaho. 

22 (d) REALLOCATION.—

23 (1) AMOUNTS ALLOCATED TO QUALIFIED

24 STATES.—Amounts that are allocated to a qualified 

25 State for a fiscal year may be reallocated under sub-
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1 section (b)(1) among the other qualified States, if the 

2 amounts remain unobligated at the end of the subse3 quent fiscal year. 

4 (2) AMOUNTS ALLOCATED TO QUALIFIED TRIBAL

5 GOVERNMENTS.—Amounts that are allocated to a 

6 qualified tribal government for a fiscal year may be 

7 reallocated under subsection (b)(2) among the other 

8 qualified tribal governments, if the qualified tribal 

9 government has not entered into a memorandum of 

10 understanding with the Secretary in accordance with 

11 section 3(a) as of the end of the fiscal year. 

12 SEC. 3. RECEIPT AND USE OF ASSISTANCE. 

13 (a) MEMORANDA OF UNDERSTANDING.—

14 (1) IN GENERAL.—To receive assistance under 

15 this Act, a qualified State or qualified tribal govern16 ment must enter into a memorandum of under17 standing with the Secretary in accordance with this 

18 subsection. 

19 (2) CONTENTS.—Each memorandum of under20 standing shall, at a minimum—

21 (A) be consistent with other applicable Fed22 eral laws; 

23 (B) be consistent with the goal of salmon re24 covery;
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1 (C) except as provided in subparagraph 

2 (D), give priority to use of assistance under this 

3 section for projects that—

4 (i) provide a direct and demonstrable 

5 benefit to salmon or their habitat; 

6 (ii) provide the greatest benefit to 

7 salmon conservation and salmon habitat 

8 restoration relative to the cost of the 

9 projects; and 

10 (iii) conserve, and restore habitat, 

11 for—

12 (I) salmon that are listed as en13 dangered species or threatened species, 

14 proposed for such listing, or candidates 

15 for such listing, under the Endangered 

16 Species Act of 1973 (16 U.S.C. 1531 et 

17 seq.); or 

18 (II) salmon that are given special 

19 protection under the laws or regula20 tions of the qualified State or resolu21 tions, ordinances, or regulations of the 

22 qualified tribal government, respec23 tively; 

24 (D) in the case of a memorandum of under25 standing submitted by a qualified State or quali-
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1 fied tribal government the jurisdiction of which, 

2 as of the date of the enactment of this Act, con3 tains no area at which a salmon species referred 

4 to in subparagraph (C)(iii)(I) spawns—

5 (i) give priority to use of assistance for 

6 projects referred to in subparagraph (C)(i) 

7 and (ii) that contribute to proactive pro8 grams to conserve and enhance species of 

9 salmon that intermingle with, or are other10 wise related to, species referred to in sub11 paragraph (C)(iii)(I), which may include 

12 (among other matters)—

13 (I) salmon-related research, data 

14 collection, and monitoring; 

15 (II) salmon supplementation and 

16 enhancement; 

17 (III) salmon habitat restoration; 

18 (IV) increasing economic opportu19 nities for salmon fishermen; and 

20 (V) national and international co21 operative habitat programs; and 

22 (ii) provide for revision of the memo23 randum of understanding within one year 

24 after any date on which any salmon species 

25 that spawns in the qualified State is listed 
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1 as an endangered species or threatened spe2 cies, proposed for such listing, or a can3 didate for such listing, under the Endan4 gered Species Act of 1973 (16 U.S.C. 1531 

5 et seq.); 

6 (E) establish specific goals and timelines for 

7 activities funded with such assistance; 

8 (F) include measurable criteria by which 

9 such activities may be evaluated; 

10 (G) require that activities carried out with 

11 such assistance shall—

12 (i) be scientifically based; 

13 (ii) be cost effective; 

14 (iii) not be conducted on private land 

15 except with the consent of the owner of the 

16 land; and 

17 (iv) contribute to the conservation and 

18 recovery of salmon; 

19 (H) require that the qualified State or 

20 qualified tribal government maintain its aggre21 gate expenditures of funds from non-Federal 

22 sources for salmon habitat restoration programs 

23 at or above the average level of such expenditures 

24 in the 2 fiscal years preceding the date of the en25 actment of this Act; and 
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1 (I) ensure that activities funded under this 

2 Act are conducted in a manner in which, and in 

3 areas where, the State has determined that they 

4 will have long-term benefits. 

5 (3) SOLICITATION OF COMMENTS.—In preparing 

6 a memorandum of understanding under this sub7 section a qualified State should to the extent prac8 ticable seek comments on the memorandum of under9 standing from local governments in the qualified 

10 State. 

11 (b) ELIGIBLE ACTIVITIES.—

12 (1) IN GENERAL.—Assistance under this Act 

13 may be used by a qualified State or by a qualified 

14 tribal government in accordance with a memorandum 

15 of understanding entered into by the government 

16 under subsection (a), to carry out or make grants to 

17 carry out, among other activities, the following: 

18 (A) Watershed evaluation, assessment, and 

19 planning necessary to develop a site-specific and 

20 clearly prioritized plan to implement watershed 

21 improvements, including for making multi-year 

22 grants. 

23 (B) Salmon-related research, data collec24 tion, and monitoring, salmon supplementation
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1 and enhancement, and salmon habitat restora2 tion. 

3 (C) Maintenance and monitoring of projects 

4 completed with such assistance. 

5 (D) Technical training and education 

6 projects, including teaching private landowners 

7 about practical means of improving land and 

8 water management practices to contribute to the 

9 conservation and restoration of salmon habitat. 

10 (E) Other activities related to salmon con11 servation and salmon habitat restoration. 

12 (F) In the case of a memorandum of under13 standing regarding conservation and restoration 

14 in Washington or Idaho, other activities to pro15 tect and restore Bull trout. 

16 (G) In the case of a memorandum of under17 standing regarding conservation and restoration 

18 in Oregon, other activities to protect and restore 

19 Lahontan cutthroat trout and Bull trout. 

20 (2) USE FOR LOCAL AND REGIONAL PROJECTS.—

21 Funds allocated to qualified States under this Act 

22 shall be used for local and regional projects. 

23 (c) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE OF

24 JURISDICTION OF RECIPIENT.—Assistance under this sec25 tion provided to a qualified State or qualified tribal govern-
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1 ment may be used for activities conducted outside the areas 

2 under its jurisdiction if the activity will provide conserva3 tion benefits to naturally produced salmon in streams of 

4 concern to the qualified State or qualified tribal govern5 ment, respectively. 

6 (d) COST SHARING BY QUALIFIED STATES.—

7 (1) IN GENERAL.—A qualified State shall match 

8 25 percent of the amount of any financial assistance 

9 provided to the qualified State for a fiscal year under 

10 this Act, in the form of monetary contributions or in11 kind contributions of services for projects carried out 

12 with such assistance. For purposes of this paragraph, 

13 monetary contributions by the State shall not be con14 sidered to include funds received from other Federal 

15 sources. 

16 (2) LIMITATION ON REQUIRING MATCHING FOR

17 EACH PROJECT.—The Secretary may not require a 

18 qualified State to provide matching funds for each 

19 project carried out with assistance under this Act. 

20 (3) TREATMENT OF MONETARY CONTRIBU21 TIONS.—For purposes of subsection (a)(2)(H), the 

22 amount of monetary contributions by a qualified 

23 State under this subsection shall be treated as expend24 itures from non-Federal sources for salmon conserva25 tion and salmon habitat restoration programs. 
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1 (e) COORDINATION OF ACTIVITIES.—

2 (1) IN GENERAL.—Each qualified State and each 

3 qualified tribal government receiving assistance under 

4 this Act is encouraged to carefully coordinate salmon 

5 conservation activities of its agencies to eliminate du6 plicative and overlapping activities. 

7 (2) CONSULTATION.—Each qualified State and 

8 qualified tribal government receiving assistance under 

9 this Act shall consult with the Secretary to ensure 

10 there is no duplication in projects funded under this 

11 Act. 

12 (f) LIMITATION ON ADMINISTRATIVE EXPENSES.—

13 (1) FEDERAL ADMINISTRATIVE EXPENSES.—Of 

14 the amount made available under this Act each fiscal 

15 year, not more than 2 percent may be used by the 

16 Secretary for administrative expenses incurred in 

17 carrying out this Act. 

18 (2) STATE AND TRIBAL ADMINISTRATIVE EX19 PENSES.—Of the amount allocated under this Act to 

20 a qualified State or qualified tribal government each 

21 fiscal year, not more than 4 percent may be used by 

22 the qualified State or qualified tribal government, re23 spectively, for administrative expenses incurred in 

24 carrying out this Act. 
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1 SEC. 4. PUBLIC PARTICIPATION. 

2 (a) QUALIFIED STATE GOVERNMENTS.—Each quali3 fied State seeking assistance under this Act shall establish 

4 a citizens advisory committee or provide another similar 

5 forum for local governments and the public to participate 

6 in obtaining and using the assistance. 

7 (b) QUALIFIED TRIBAL GOVERNMENTS.—Each quali8 fied tribal government receiving assistance under this Act 

9 shall hold public meetings to receive recommendations on 

10 the use of the assistance. 

11 SEC. 5. CONSULTATION NOT REQUIRED. 

12 Consultation under section 7 of the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1531 et seq.) shall not be re14 quired based solely on the provision of financial assistance 

15 under this Act. 

16 SEC. 6. REPORTS. 

17 (a) QUALIFIED STATES.—Each qualified State shall, 

18 by not later than December 31 of each year, submit to the 

19 Committee on Commerce, Science, and Transportation of 

20 the Senate and the Committee on Resources of the House 

21 of Representatives an annual report on the use of financial 

22 assistance received by the qualified State under this Act. 

23 The report shall contain an evaluation of the success of this 

24 Act in meeting the criteria listed in section 3(a)(2). 

25 (b) SECRETARY.—
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1 (1) ANNUAL REPORT REGARDING FINANCIAL AS2 SISTANCE.—The Secretary shall, by not later than 

3 December 31 of each year, submit to the Committee 

4 on Commerce, Science, and Transportation of the 

5 Senate and the Committee on Resources of the House 

6 of Representatives an annual report on the use of fi7 nancial assistance received by qualified States and 

8 qualified tribal governments under this Act. The re9 port shall contain an evaluation of the success of this 

10 Act in meeting the criteria listed in section 3(a)(2). 

11 (2) ANNUAL REPORT REGARDING MEMORANDA OF

12 UNDERSTANDING.—The Secretary shall, by not later 

13 than one year after the date of the enactment of this 

14 Act, and annually thereafter—

15 (A) review the memorandum of under16 standing under section 3(a) of each qualified 

17 State and each qualified tribal government and 

18 the review process of each qualified State and 

19 each qualified tribal government salmon recovery 

20 program; and 

21 (B) report on such review to the Committee 

22 on Commerce, Science and Transportation of the 

23 Senate and the Committee on Resources of the 

24 House of Representatives, including rec25 ommendations of any means to make the State 
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1 or tribal programs more efficient for salmon re2 covery. 

3 SEC. 7. DEFINITIONS. 

4 In this Act: 

5 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

6 the meaning given that term in section 4(e) of the In7 dian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b(e)). 

9 (2) QUALIFIED STATE.—The term ‘‘qualified 

10 State’’ means each of the States of Alaska, Wash11 ington, Oregon, California, and Idaho. 

12 (3) QUALIFIED TRIBAL GOVERNMENT.—The term 

13 ‘‘qualified tribal government’’ means—

14 (A) a tribal government of an Indian tribe 

15 in Washington, Oregon, California, or Idaho 

16 that the Secretary of Commerce, in consultation 

17 with the Secretary of the Interior, determines—

18 (i) is involved in salmon management 

19 and recovery activities under the Endan20 gered Species Act of 1973 (16 U.S.C. 1531 

21 et seq.); and 

22 (ii) has the management and organiza23 tional capability to maximize the benefits of 

24 assistance provided under this Act; and 
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1 (B) a village corporation as defined in or 

2 established pursuant to the Alaska Native Claims 

3 Settlement Act (43 U.S.C. 1601 et seq.) that the 

4 Secretary of Commerce, in consultation with the 

5 Secretary of the Interior, determines—

6 (i) is involved in salmon conservation 

7 and management; and 

8 (ii) has the management and organiza9 tional capability to maximize the benefits of 

10 assistance provided under this Act. 

11 (4) SALMON.—The term ‘‘salmon’’ means any 

12 naturally produced salmon or naturally produced 

13 trout of the following species: 

14 (A) Coho salmon (oncorhynchus kisutch). 

15 (B) Chinook salmon (oncorhynchus 

16 tshawytscha). 

17 (C) Chum salmon (oncorhynchus keta). 

18 (D) Pink salmon (oncorhynchus gorbuscha). 

19 (E) Sockeye salmon (oncorhynchus nerka). 

20 (F) Steelhead trout (oncorhynchus mykiss). 

21 (G) Sea-run cutthroat trout (oncorhynchus 

22 clarki clarki). 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Commerce. 
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1 SEC. 8. REPORT REGARDING TREATMENT OF INTER2 NATIONAL FISHERY COMMISSION PEN3 SIONERS. 

4 The President shall—

5 (1) determine the number of United States citi6 zens who—

7 (A) served as employees of the International 

8 Pacific Salmon Fisheries Commission or the 

9 International North Pacific Fisheries Commis10 sion; and 

11 (B) worked in Canada in the course of em12 ployment with that commission; 

13 (2) calculate for each such employee the dif14 ference between—

15 (A) the value, in United States currency, of 

16 the annuity payments made and to be made (de17 termined by an actuarial valuation) by or on be18 half of each such commission to the employee; 

19 and 

20 (B) the value, in Canadian currency, of 

21 such annuity payments; and 

22 (3) by not later than September 1, 2004, submit 

23 to the Committee on Resources of the House of Rep24 resentatives and the Committee on Commerce, Science 

25 and Transportation of the Senate a report on the de-
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1 terminations and calculations made under para2 graphs (1) and (2). 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated $200,000,000 

5 for each of the fiscal years 2004, 2005, and 2006 to carry 

6 out this Act. Funds appropriated under this section may 

7 remain until expended. 

8 SEC. 10. SENSE OF THE CONGRESS REGARDING BIPAR9 TISAN JULY 2000 GOALS. 

10 It is the sense of the Congress that the Congress sup11 ports the bipartisan July 2000 goals, objectives, and rec12 ommendations of the Governors of Idaho, Montana, Oregon, 

13 and Washington to protect and restore salmon and other 

14 aquatic species to sustainable and harvestable levels while 

15 meeting the requirements of the Endangered Species Act of 

16 1973, the Clean Water Act, the Pacific Northwest Electric 

17 Power Planning and Conservation Act, tribal treaty rights, 

18 and executive orders and while taking into account the need 

19 to preserve a sound economy in Alaska, California, Idaho, 

20 Montana, Oregon, and Washington.
Union Calendar No. 159

108TH CONGRESS 

1ST SESSION H. R. 1945

[Report No. 108–272] 

A BILL

To authorize the Secretary of Commerce to provide 

financial assistance to the States of Alaska, Washington, Oregon, California, and Idaho for salmon habitat restoration projects in coastal waters and upland drainages, and for other purposes. 

SEPTEMBER 16, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed