I 

108TH CONGRESS 

1ST SESSION H. R. 1945

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 

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.

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 Recov5 ery Act’’. 
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1 SEC. 2. SALMON CONSERVATION AND SALMON HABITAT 

2 RESTORATION ASSISTANCE. 

3 (a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub4 ject to the availability of appropriations, the Secretary of 

5 Commerce shall provide financial assistance in accordance 

6 with this Act to qualified States and qualified tribal gov7 ernments for salmon conservation and salmon habitat res8 toration activities. 

9 (b) ALLOCATION.—Of the amounts available to pro10 vide assistance under this section each fiscal year (after 

11 the application of section 3(g)), the Secretary—

12 (1) shall allocate 85 percent among qualified 

13 States, in equal amounts; and 

14 (2) shall allocate 15 percent among qualified 

15 tribal governments, in amounts determined by the 

16 Secretary. 

17 (c) TRANSFER.—

18 (1) IN GENERAL.—The Secretary shall prompt19 ly transfer—

20 (A) to a qualified State that has submitted 

21 a Conservation and Restoration Plan under sec22 tion 3(a) amounts allocated to the qualified 

23 State under subsection (b)(1) of this section, 

24 unless the Secretary determines, within 30 days 

25 after the submittal of the plan to the Secretary, 
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1 that the plan is inconsistent with the require2 ments of this Act; and 

3 (B) to a qualified tribal government that 

4 has entered into a memorandum of under5 standing with the Secretary under section 3(b) 

6 amounts allocated to the qualified tribal govern7 ment under subsection (b)(2) of this section. 

8 (2) TRANSFERS TO QUALIFIED STATES.—The 

9 Secretary shall make the transfer under paragraph 

10 (1)(A)—

11 (A) to the Washington State Salmon Re12 covery Board, in the case of amounts allocated 

13 to Washington; 

14 (B) to the Oregon State Watershed En15 hancement Board, in the case of amounts allo16 cated to Oregon; 

17 (C) to the California Department of Fish 

18 and Game for the California Coastal Salmon 

19 Recovery Program, in the case of amounts allo20 cated to California; 

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

22 of amounts allocated to Alaska; and 

23 (E) to the Office of Species Conservation, 

24 in the case of amounts allocated to Idaho. 

25 (d) REALLOCATION.—
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1 (1) AMOUNTS ALLOCATED TO QUALIFIED

2 STATES.—Amounts that are allocated to a qualified 

3 State for a fiscal year shall be reallocated under sub4 section (b)(1) among the other qualified States, if—

5 (A) the qualified State has not submitted 

6 a plan in accordance with section 3(a) as of the 

7 end of the fiscal year; or 

8 (B) the amounts remain unobligated at the 

9 end of the subsequent fiscal year. 

10 (2) AMOUNTS ALLOCATED TO QUALIFIED TRIB11 AL GOVERNMENTS.—Amounts that are allocated to a 

12 qualified tribal government for a fiscal year shall be 

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

14 qualified tribal governments, if the qualified tribal 

15 government has not entered into a memorandum of 

16 understanding with the Secretary in accordance with 

17 section 3(b) as of the end of the fiscal year. 

18 SEC. 3. RECEIPT AND USE OF ASSISTANCE. 

19 (a) QUALIFIED STATE SALMON CONSERVATION AND

20 RESTORATION PLAN.—

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

22 this Act, a qualified State shall develop and submit 

23 to the Secretary a Salmon Conservation and Salmon 

24 Habitat Restoration Plan. 
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1 (2) CONTENTS.—Each Salmon Conservation 

2 and Salmon Restoration Plan shall, at a minimum—

3 (A) be consistent with other applicable 

4 Federal laws; 

5 (B) be consistent with the goal of salmon 

6 recovery; 

7 (C) except as provided in subparagraph 

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

9 section for projects that—

10 (i) provide a direct and demonstrable 

11 benefit to salmon or their habitat; 

12 (ii) provide the greatest benefit to 

13 salmon conservation and salmon habitat 

14 restoration relative to the cost of the 

15 projects; and 

16 (iii) conserve, and restore habitat, 

17 for—

18 (I) salmon that are listed as en19 dangered species or threatened spe20 cies, proposed for such listing, or can21 didates for such listing, under the En22 dangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.); or
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1 (II) salmon that are given special 

2 protection under the laws or regula3 tions of the qualified State; 

4 (D) in the case of a plan submitted by a 

5 qualified State in which, as of the date of the 

6 enactment of this Act, there is no area at which 

7 a salmon species referred to in subparagraph 

8 (C)(iii)(I) spawns—

9 (i) give priority to use of assistance 

10 for projects referred to in subparagraph 

11 (C)(i) and (ii) that contribute to proactive 

12 programs to conserve and enhance species 

13 of salmon that intermingle with, or are 

14 otherwise related to, species referred to in 

15 subparagraph (C)(iii)(I), which may in16 clude (among other matters)—

17 (I) salmon-related research, data 

18 collection, and monitoring; 

19 (II) salmon supplementation and 

20 enhancement; 

21 (III) salmon habitat restoration; 

22 (IV) increasing economic oppor23 tunities for salmon fishermen; and 

24 (V) national and international co25 operative habitat programs; and 
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1 (ii) provide for revision of the plan 

2 within one year after any date on which 

3 any salmon species that spawns in the 

4 qualified State is listed as an endangered 

5 species or threatened species, proposed for 

6 such listing, or a candidate for such list7 ing, under the Endangered Species Act of 

8 1973 (16 U.S.C. 1531 et seq.); 

9 (E) establish specific goals and timelines 

10 for activities funded with such assistance; 

11 (F) include measurable criteria by which 

12 such activities may be evaluated; 

13 (G) require that activities carried out with 

14 such assistance shall—

15 (i) be scientifically based; 

16 (ii) be cost effective; 

17 (iii) not be conducted on private land 

18 except with the consent of the owner of the 

19 land; and 

20 (iv) contribute to the conservation and 

21 recovery of salmon; 

22 (H) require that the qualified State main23 tain its aggregate expenditures of funds from 

24 non-Federal sources for salmon habitat restora25 tion programs at or above the average level of 
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1 such expenditures in the 2 fiscal years pre2 ceding the date of the enactment of this Act; 

3 and 

4 (I) ensure that activities funded under this 

5 Act are conducted in a manner in which, and 

6 in areas where, the State has determined that 

7 they will have long-term benefits. 

8 (3) SOLICITATION OF COMMENTS.—In pre9 paring a plan under this subsection a qualified State 

10 shall seek comments on the plan from local govern11 ments in the qualified State. 

12 (b) TRIBAL MOU WITH SECRETARY.—

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

14 this Act, a qualified tribal government shall enter 

15 into a memorandum of understanding with the Sec16 retary regarding use of the assistance. 

17 (2) CONTENTS.—Each memorandum of under18 standing shall, at a minimum—

19 (A) be consistent with other applicable 

20 Federal laws; 

21 (B) be consistent with the goal of salmon 

22 recovery; 

23 (C) give priority to use of assistance under 

24 this Act for activities that—
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1 (i) provide a direct and demonstrable 

2 benefit to salmon or their habitat; 

3 (ii) provide the greatest benefit to 

4 salmon conservation and salmon habitat 

5 restoration relative to the cost of the 

6 projects; and 

7 (iii) conserve, and restore habitat, 

8 for—

9 (I) salmon that are listed as en10 dangered species or threatened spe11 cies, proposed for such listing, or can12 didates for such listing, under the En13 dangered Species Act of 1973 (16 

14 U.S.C. 1531 et seq.); or 

15 (II) salmon that are given special 

16 protection under the ordinances or 

17 regulations of the qualified tribal gov18 ernment; 

19 (D) in the case of a memorandum of un20 derstanding entered into by a qualified tribal 

21 government for an area in which, as of the date 

22 of the enactment of this Act, there is no area 

23 at which a salmon species that is referred to in 

24 subparagraph (C)(iii)(I) spawns—
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1 (i) give priority to use of assistance 

2 for projects referred to in subparagraph 

3 (C)(i) and (ii) that contribute to proactive 

4 programs described in subsection 

5 (a)(2)(D)(i); 

6 (ii) include a requirement that the 

7 memorandum shall be revised within 1 

8 year after any date on which any salmon 

9 species that spawns in the area is listed as 

10 an endangered species or threatened spe11 cies, proposed for such listing, or a can12 didate for such listing, under the Endan13 gered Species Act of 1973 (16 U.S.C. 

14 1531 et seq.); 

15 (E) establish specific goals and timelines 

16 for activities funded with such assistance; 

17 (F) include measurable criteria by which 

18 such activities may be evaluated; 

19 (G) establish specific requirements for re20 porting to the Secretary by the qualified tribal 

21 government; 

22 (H) require that activities carried out with 

23 such assistance shall—

24 (i) be scientifically based; 

25 (ii) be cost effective;
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1 (iii) not be conducted on private land 

2 except with the consent of the owner of the 

3 land; and 

4 (iv) contribute to the conservation or 

5 recovery of salmon; and 

6 (I) require that the qualified tribal govern7 ment maintain its aggregate expenditures of 

8 funds from non-Federal sources for salmon 

9 habitat restoration programs at or above the 

10 average level of such expenditures in the 2 fis11 cal years preceding the date of the enactment 

12 of this Act. 

13 (c) ELIGIBLE ACTIVITIES.—

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

15 may be used by a qualified State in accordance with 

16 a plan submitted by the State under subsection (a), 

17 or by a qualified tribal government in accordance 

18 with a memorandum of understanding entered into 

19 by the government under subsection (b), to carry out 

20 or make grants to carry out, among other activities, 

21 the following: 

22 (A) Watershed evaluation, assessment, and 

23 planning necessary to develop a site-specific and 

24 clearly prioritized plan to implement watershed 
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1 improvements, including for making multi-year 

2 grants. 

3 (B) Salmon-related research, data collec4 tion, and monitoring, salmon supplementation 

5 and enhancement, and salmon habitat restora6 tion. 

7 (C) Maintenance and monitoring of 

8 projects completed with such assistance. 

9 (D) Technical training and education 

10 projects, including teaching private landowners 

11 about practical means of improving land and 

12 water management practices to contribute to 

13 the conservation and restoration of salmon 

14 habitat. 

15 (E) Other activities related to salmon con16 servation and salmon habitat restoration. 

17 (2) USE FOR LOCAL AND REGIONAL

18 PROJECTS.—Funds allocated to qualified States 

19 under this Act shall be used for local and regional 

20 projects. 

21 (d) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE

22 OF JURISDICTION OF RECIPIENT.—Assistance under this 

23 section provided to a qualified State or qualified tribal 

24 government may be used for activities conducted outside 

25 the areas under its jurisdiction if the activity will provide 
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1 conservation benefits to naturally produced salmon in 

2 streams of concern to the qualified State or qualified tribal 

3 government, respectively. 

4 (e) COST SHARING BY QUALIFIED STATES.—

5 (1) IN GENERAL.—A qualified State shall 

6 match, in the aggregate, the amount of any financial 

7 assistance provided to the qualified State for a fiscal 

8 year under this Act, in the form of monetary con9 tributions or in-kind contributions of services for 

10 projects carried out with such assistance. For pur11 poses of this paragraph, monetary contributions by 

12 the State shall not be considered to include funds re13 ceived from other Federal sources. 

14 (2) LIMITATION ON REQUIRING MATCHING FOR

15 EACH PROJECT.—The Secretary may not require a 

16 qualified State to provide matching funds for each 

17 project carried out with assistance under this Act. 

18 (3) TREATMENT OF MONETARY CONTRIBU19 TIONS.—For purposes of subsection (a)(2)(H), the 

20 amount of monetary contributions by a qualified 

21 State under this subsection shall be treated as ex22 penditures from non-Federal sources for salmon con23 servation and salmon habitat restoration programs. 

24 (f) COORDINATION OF ACTIVITIES.—
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1 (1) IN GENERAL.—Each qualified State and 

2 each qualified tribal government receiving assistance 

3 under this Act is encouraged to carefully coordinate 

4 salmon conservation activities of its agencies to 

5 eliminate duplicative and overlapping activities. 

6 (2) CONSULTATION.—Each qualified State and 

7 qualified tribal government receiving assistance 

8 under this Act shall consult with the Secretary to 

9 ensure there is no duplication in projects funded 

10 under this Act. 

11 (g) LIMITATION ON ADMINISTRATIVE EXPENSES.—

12 (1) FEDERAL ADMINISTRATIVE EXPENSES.—Of 

13 the amount made available under this Act each fiscal 

14 year, not more than 1 percent may be used by the 

15 Secretary for administrative expenses incurred in 

16 carrying out this Act. 

17 (2) STATE AND TRIBAL ADMINISTRATIVE EX18 PENSES.—Of the amount allocated under this Act to 

19 a qualified State or qualified tribal government each 

20 fiscal year, not more than 3 percent may be used by 

21 the qualified State or qualified tribal government, 

22 respectively, for administrative expenses incurred in 

23 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 

8 qualified tribal government receiving assistance under this 

9 Act shall hold public meetings to receive recommendations 

10 on 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 

14 required based solely on the provision of financial assist15 ance 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 

19 the Committee on Commerce, Science, and Transportation 

20 of the Senate and the Committee on Resources of the 

21 House of Representatives an annual report on the use of 

22 financial assistance received by the qualified State under 

23 this Act. The report shall contain an evaluation of the suc24 cess of this Act in meeting the criteria listed in section 

25 3(a)(2). 

26 (b) SECRETARY.—
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1 (1) ANNUAL REPORT REGARDING QUALIFIED

2 TRIBAL GOVERNMENTS.—The Secretary shall, by not 

3 later than December 31 of each year, submit to the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Re6 sources of the House of Representatives an annual 

7 report on the use of financial assistance received by 

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

10 this Act in meeting the criteria listed in section 

11 3(b)(2). 

12 (2) BIANNUAL REPORT.—The Secretary shall, 

13 by not later than December 31 of the second year 

14 in which amounts are available to carry out this Act, 

15 and of every second year thereafter, submit to the 

16 Committee on Commerce, Science, and Transpor17 tation of the Senate and the Committee on Re18 sources of the House of Representatives a biannual 

19 report on the use of funds allocated to qualified 

20 States under this Act. The report shall review pro21 grams funded by the States and evaluate the success 

22 of this Act in meeting the criteria listed in section 

23 3(a)(2). 

24 SEC. 7. DEFINITIONS. 

25 In this Act: 
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1 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given that term in section 4(e) of 

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 450b(e)). 

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

6 State’’ means each of the States of Alaska, Wash7 ington, Oregon, California, and Idaho. 

8 (3) QUALIFIED TRIBAL GOVERNMENT.—The 

9 term ‘‘qualified tribal government’’ means—

10 (A) a tribal government of an Indian tribe 

11 in Washington, Oregon, California, or Idaho 

12 that the Secretary of Commerce, in consultation 

13 with the Secretary of the Interior, determines—

14 (i) is involved in salmon management 

15 and recovery activities under the Endan16 gered Species Act of 1973 (16 U.S.C. 

17 1531 et seq.); and 

18 (ii) has the management and organi19 zational capability to maximize the benefits 

20 of assistance provided under this Act; and 

21 (B) a village corporation as defined in or 

22 established pursuant to the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1601 et seq.) 

24 that the Secretary of Commerce, in consultation 

25 with the Secretary of the Interior, determines—
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1 (i) is involved in salmon conservation 

2 and management; and 

3 (ii) has the management and organi4 zational capability to maximize the benefits 

5 of assistance provided under this Act. 

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

7 naturally produced salmon or naturally produced 

8 trout of the following species: 

9 (A) Coho salmon (oncorhynchus kisutch). 

10 (B) Chinook salmon (oncorhynchus 

11 tshawytscha). 

12 (C) Chum salmon (oncorhynchus keta). 

13 (D) Pink salmon (oncorhynchus 

14 gorbuscha). 

15 (E) Sockeye salmon (oncorhynchus nerka). 

16 (F) Steelhead trout (oncorhynchus 

17 mykiss). 

18 (G) Sea-run cutthroat trout (oncorhynchus 

19 clarki clarki). 

20 (H) For purposes of application of this Act 

21 in Oregon—

22 (i) Lahontan cutthroat trout 

23 (oncorhnychus clarki henshawi); and 

24 (ii) Bull trout (salvelinus confluentus). 
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1 (I) For purposes of application of this Act 

2 in Washington and Idaho, Bull trout (salvelinus 

3 confluentus). 

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

5 the Secretary of Commerce. 

6 SEC. 8. REPORT REGARDING TREATMENT OF INTER7 NATIONAL FISHERY COMMISSION PEN8 SIONERS. 

9 The President shall—

10 (1) determine the number of United States citi11 zens who—

12 (A) served as employees of the Inter13 national Pacific Salmon Fisheries Commission 

14 or the International North Pacific Fisheries 

15 Commission; and 

16 (B) worked in Canada in the course of em17 ployment with that commission; 

18 (2) calculate for each such employee the dif19 ference between—

20 (A) the value, in United States currency, 

21 of the annuity payments made and to be made 

22 (determined by an actuarial valuation) by or on 

23 behalf of each such commission to the em24 ployee; and
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1 (B) the value, in Canadian currency, of 

2 such annuity payments; and 

3 (3) by not later than September 1, 2004, sub4 mit to the Committee on Resources of the House of 

5 Representatives and the Committee on Commerce, 

6 Science and Transportation of the Senate a report 

7 on the determinations and calculations made under 

8 paragraphs (1) and (2). 

9 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated 

11 $250,000,000 for each of the fiscal years 2004, 2005, and 

12 2006 to carry out this Act. Funds appropriated under this 

13 section may remain until expended. 

14 SEC. 10. SENSE OF CONGRESS; REQUIREMENT REGARDING 

15 NOTICE. 

16 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

17 AND PRODUCTS.—In the case of any equipment or prod18 ucts that may be authorized to be purchased with financial 

19 assistance provided under this Act, it is the sense of the 

20 Congress that entities receiving such assistance should, in 

21 expending the assistance, purchase only equipment and 

22 products made in the United States. 

23 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In 

24 providing financial assistance under this Act, the Sec25 retary shall provide to each recipient of the assistance a 
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1 notice describing the statement made in subsection (a) by 

2 the Congress. 

3 (c) REPORT.—Any entity that receives funds under 

4 this Act shall report any expenditures of such funds on 

5 items made outside of the United States to the Congress 

6 within 180 days of the expenditure. 

7 SEC. 11. SENSE OF THE CONGRESS REGARDING BIPAR8 TISAN JULY 2000 GOALS. 

9 It is the sense of the Congress that the Congress sup10 ports the bipartisan July 2000 goals, objectives, and rec11 ommendations of the Governors of Idaho, Montana, Or12 egon and Washington to protect and restore salmon and 

13 other aquatic species to sustainable and harvestable levels 

14 while meeting the requirements of the Endangered Species 

15 Act of 1973, the Clean Water Act, the Pacific Northwest 

16 Electric Power Planning and Conservation Act, tribal 

17 treaty rights, and executive orders and while taking into 

18 account the need to preserve a sound economy in Alaska, 

19 California, Idaho, Montana, Oregon, and Washington. 

20 SEC. 12. REPORT ON EFFECTS ON PACIFIC SALMON 

21 STOCKS OF CERTAIN TIMBER HARVESTING 

22 IN CANADA. 

23 The Secretary, in conjunction with other Federal 

24 agencies, shall by not later than December 31 of each year 

25 report to the Congress to the best of the ability of the 
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1 Secretary regarding the effects on Pacific Salmon stocks 

2 of timber harvesting on publicly owned lands in British 

3 Columbia.

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