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[House Report 107-95]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-95

======================================================================

 
                      PACIFIC SALMON RECOVERY ACT

                                _______
                                

 June 12, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1157]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1157) 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, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1157 is to authorize the Secretary of 
Commerce to provide financial assistance to the States of 
Alaska, California, Idaho, Oregon and Washington for salmon 
habitat restoration projects in coastal waters and upland 
drainages.

                  Background and Need for Legislation

    In the Pacific Northwest there are steelhead and cutthroat 
trout and five species of salmon (chinook, coho, chum, sockeye, 
and pink). Pacific salmon and steelhead trout are anadromous 
fish whose life cycle starts in fresh water, moves into the 
ocean and then returns to fresh water when it is time to spawn. 
These anadromous fish migrate many miles, from river to ocean 
and back. Along the way they encounter dams, predators, 
commercial and recreational harvest, and changing ocean 
conditions, all of which can cause salmon mortality.
    The National Marine Fisheries Service (NMFS), within the 
National Oceanic and Atmospheric Administration of the 
Department of Commerce, has management authority over salmon in 
the region. To date, the Northwest region of NMFS has 
identified 58 Evolutionary Significant Units (ESUs) on the West 
Coast. ESUs can be protected under the Endangered Species Act. 
Of the 58 ESUs, 26 salmon species are currently listed as 
either endangered or threatened, one is proposed to be listed, 
and five are candidate species under the Endangered Species 
Act.
    On October 14, 1998, the Governors of Alaska, California, 
Oregon, and Washington sent a letter to the Clinton 
Administration proposing a coast-wide Pacific salmon 
restoration and conservation fund which would include $50 
million per State for each of six years for salmon conservation 
and enhancement projects at local and regional levels within 
each State. The President responded to the Governors' request 
by including $100 million in his Fiscal Year 2000 budget 
request to Congress for a Pacific Coastal Salmon Recovery Fund. 
In addition to the four States, the President included the 
coastal Tribes of California, Oregon, and Washington. The 
Commerce, Justice, and State Appropriations Act for Fiscal Year 
2000 included $58 million for salmon habitat restoration, stock 
enhancement, and research. The four Pacific coastal States and 
the coastal Tribes received funding: $18 million for 
Washington, $14 million for Alaska, $9 million for Oregon, $9 
million for California, $6 million for the coastal Tribes, and 
$2 million for the Columbia River Tribes.
    In the 106th Congress, Congressman Mike Thompson (D-CA) 
introduced H.R. 2798 to authorize the appropriations to the 
States for this salmon recovery program. The legislation passed 
the House twice, once as a stand alone bill and again as part 
of H.R. 5086, a bill including a number of fish and wildlife 
provisions. The Senate did not act on either measure. However, 
the omnibus appropriation bill for Fiscal Year 2001 authorized 
$90 million for the States of Alaska, California, Oregon and 
Washington through Fiscal Year 2003 for coastal salmon 
restoration programs. The bill appropriated $90 million to the 
States for Fiscal Year 2001.
    Congressman Thompson reintroduced H.R. 2798 in the 107th 
Congress as H.R. 1157. The bill would authorize appropriations 
of $200 million to the States of Alaska, California, Idaho, 
Oregon and Washington for Fiscal Years 2002-2004. Tribes in 
each of the States are also qualified to receive funds. The 
States and Tribes are required to match the funds they receive. 
The money appropriated would go toward projects which would 
restore and conserve endangered and threatened salmon, 
steelhead, sea-run cutthroat trout and their habitat. In 
addition, Lahontan cutthroat trout and bull trout habitat 
restoration will receive funding in Oregon as will bull trout 
habitat in Washington and Oregon. The bill requires annual 
reports to Congress from the States and the Secretary of 
Commerce for the Tribes on the use of funds.
    When H.R. 1157 is considered on the House Floor, the 
Committee intends to offer an amendment to the bill which 
addresses some concerns raised regarding funding outlays as 
part of the grant program and also which repairs a small direct 
spending problem. In addition, Congressman Don Young (R-AK) had 
filed in Committee but did not offer an amendment to strike 
Section 8 of the bill and clarifies a definition of ``qualified 
tribal government''. The proposed Committee amendment would 
execute this amendment. The amendment will significantly reduce 
the fiscal impact of H.R. 1157.

                            Committee Action

    H.R. 1157 was introduced on March 21, 2001, by Congressman 
Mike Thompson (D-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On May 16, 2001, 
the Full Resources Committee met to consider the bill. The 
Subcommittee on Fisheries Conservation, Wildlife and Oceans was 
discharged from further consideration of the bill by unanimous 
consent. The bill was ordered favorably reported to the House 
of Representatives by voice vote.

                      Section-by-Section Analysis

Section 1. Short title

    This section establishes the short title of the Act as the 
``Pacific Salmon Recovery Act''.

Section 2. Salmon conservation and salmon habitat restoration 
        assistance

    Section 2 outlines how the Secretary of Commerce will 
dispense the funds authorized under this Act.
    Subsection (a) specifies that the Secretary of Commerce is 
required to provide assistance to qualified States and 
qualified Tribal governments for salmon conservation and salmon 
habitat restoration projects.
    Subsection (b) allocates the amounts to be given to 
qualified States and qualified Tribal governments. The States 
will receive equal shares of the 85 percent of the funds 
appropriated tothe States. Tribal governments will receive 15 
percent of the annual appropriation, and the Secretary will determine 
eligibility and the specific allocations for the Tribes.
    Subsection (c) states that the Secretary shall promptly 
transfer funds to qualified States that have submitted 
Conservation and Restoration Plans and qualified Tribal 
governments that have entered into a Memorandum of 
Understanding (MOU) with the Secretary. In addition, this 
subsection gives the Secretary 30 days to determine a State 
Conservation and Restoration Plan's consistency with the Act, 
but this subsection does not provide the Secretary with veto 
authority over a State's Plan. If the Secretary finds a Plan 
inconsistent with the Act, the Secretary shall notify the State 
and when the State rectifies the inconsistency the Secretary 
shall promptly transfer the funds to that State.
    Subsection (d) outlines how the Secretary will reallocate 
funds in cases where one or more States have not submitted a 
Conservation and Restoration Plan or have not obligated their 
funds within a specific amount of time. For those States that 
have not submitted a Conservation and Restoration Plan by the 
end of the Fiscal Year or have not obligated the federal funds 
after two Fiscal Years, the Secretary will reallocate the funds 
to those other States which have submitted Conservation and 
Restoration Plans. The Secretary will also reallocate a 
qualified Tribal government's allocation among the other 
qualified Tribal governments if it has not entered into an MOU 
by the end of the Fiscal Year.
    The Committee does not intend for the Secretary to make a 
consistency finding on a State's Salmon Conservation and 
Restoration Plan at the end of the Fiscal Year. The Committee's 
intent is for the Secretary to acknowledge that a State has 
submitted its Plan and for those that have not, reallocate the 
funds.

Section 3. Receipt and use of assistance

    Subsection (a) states that a qualified State is required to 
submit a Salmon Conservation and Restoration Plan to the 
Secretary to receive assistance. The Plan must be consistent 
with other applicable federal laws, be consistent with the goal 
of salmon recovery, and give priority to salmon listed under 
the Endangered Species Act through projects that benefit salmon 
and its habitat. For States that at the date of enactment of 
H.R. 1157 do not have listed salmon that spawn in that State, 
the use of the assistance also must conserve salmon and its 
habitat, but can also be used for salmon related research, data 
collection and monitoring, salmon supplementation and 
enhancement, salmon habitat restoration, increasing economic 
opportunities for salmon fishermen, and national and 
international cooperative habitat programs. If after the date 
of enactment a species of salmon does become listed in that 
State, the Plan must be revised within one year to give 
priority to projects targeted to the newly listed species. A 
State which did not have any listed species on the date of 
enactment but does have salmon which become listed at a later 
point may continue to use its funds for other salmon-related 
research, data collection and monitoring, salmon 
supplementation and enhancement, salmon habitat restoration, 
increasing economic opportunities for salmon fishermen, and 
national and international cooperative habitat programs.
    The States will be required to establish specific goals and 
timelines for activities funded and include measurable criteria 
to evaluate those activities. Activities should be 
scientifically based, cost effective, conducted on private land 
only with the consent of the landowner, and contribute to the 
conservation and recovery of salmon.
    The Committee understands that the States, other than 
Idaho, currently have Memorandums of Understanding with the 
Secretary regarding the use of Fiscal Year 2000 appropriated 
funds for salmon recovery. The Committee envisions the States 
using these MOUs and any of the States' current programs as the 
basis for their Salmon Conservation and Restoration Plan.
    The Committee also encourages the Secretary to 
expeditiously approve permits under Sections 7 and 10 of the 
Endangered Species Act for State projects that will benefit 
salmon and its habitat. The Committee would also like to see 
some coordination between NMFS and the U.S. Fish and Wildlife 
Service with regard to the issuance of permits to protect 
salmon. The agencies should coordinate so that the activities 
funded under this Act can have the greatest benefit on salmon 
and their habitat.
    The Committee's intention with the cost effectiveness 
requirement is not to mandate a formal economic cost benefit 
analysis, but more of a subjective weighing of costs and 
benefits and a generalized public interest test.
    The Committee believes it is very important that the States 
continue to fund projects using State funds. The Committee has 
therefore required the States to continue to maintain the 
aggregate expenditures of funds from non-federal sources for 
salmon habitat restoration programs at or above the average 
level of such expenditures in the two Fiscal Years preceding 
the date of enactment of the Act. It is also important for the 
States to use the federal funds available under this Act on 
activities that are conducted in a manner in which, and in 
areas where, the activities will have long-term benefits. In 
addition, States should take care to not fund projects in areas 
where adjacent or nearby development projects will erode or 
undo the benefits of the restoration project.
    The Committee supports the funding of local and regional 
State projects to conserve and restore salmon and their habitat 
and to ensure local participation. Therefore, the Committee has 
required qualified States to solicit comments from local 
governments when developing its Salmon Conservation and 
Restoration Plan.
    Subsection (b) states that qualified Tribal governments are 
required to enter into an MOU with the Secretary to receive 
assistance under the Act. The MOU must be consistent with other 
applicable federal laws, be consistent with the goal of salmon 
recovery, and give priority to listed salmon through projects 
that benefit salmon and their habitat. Qualified Tribal 
governments that, on the date of enactment, do not have listed 
salmon that spawn in the State in which the Indian Tribe is 
located should use the assistance to conserve salmon and their 
habitat, but may also use the funds for salmon related 
research, data collection and monitoring, salmon 
supplementation and enhancement, salmon habitat restoration, 
increasing economic opportunitiesfor salmon fishermen, and 
national and international cooperative habitat programs. If after the 
date of enactment a species of salmon does become listed in that State, 
the MOU must be revised within one year to account for the new listed 
species.
    The qualified Tribal governments should establish specific 
goals and timelines for activities funded and include 
measurable criteria to evaluate those activities. The MOU 
should contain specific requirements for reporting to the 
Secretary. Activities funded should be scientifically based, 
cost effective, conducted on private land only with the consent 
of the landowner, and contribute to the conservation and 
recovery of salmon.
    The Committee believes that qualified Tribal governments 
should continue to fund projects using Tribal funds. Therefore, 
the Committee has required the qualified Tribal governments to 
continue to maintain the aggregate expenditures of funds from 
non-federal sources for salmon habitat restoration programs at 
or above the average level of such expenditures in the two 
Fiscal Years preceding the date of enactment of the Act.
    Subsection (c) outlines the use of funds. Qualified States 
and qualified Tribal governments are authorized to make grants 
for the following: watershed evaluation, assessment and 
planning; salmon related research; data collection; monitoring; 
salmon supplementation and enhancement and salmon habitat 
restoration; maintenance and monitoring of projects; technical 
training and education projects; and other activities related 
to salmon conservation and salmon habitat restoration. Funds 
allocated must be used for local and regional projects.
    Subsection (d) states that assistance may be used by 
qualified States and qualified Tribal governments for 
activities outside the areas under their jurisdiction if the 
activities provide conservation benefits to naturally produced 
salmon in streams of concern.
    The Committee's intent is to promote the recovery of 
naturally produced salmon. However, projects that will benefit 
a natural run of salmon that is mixed with an artificially 
enhanced run of salmon would still qualify for assistance.
    Subsection (e) requires States to match, in the aggregate, 
financial assistance provided to the qualified State for a 
Fiscal Year. The States can match the funds in the form of 
monetary contributions or in-kind contribution of services for 
projects carried out with such assistance. States may not 
include funds received from other federal sources as matching 
funds. The Secretary is prohibited from requiring States to 
provide matching funds on a project by project basis. The 
qualified States can count the matching funds as a part of the 
aggregate expenditures of funds from non-federal sources 
required under subsection (a)(2)(H) of this section.
    Subsection (f) encourages qualified States and qualified 
Tribal governments to carefully coordinate salmon conservation 
activities to eliminate duplicative and overlapping activities. 
The States and Tribal governments are also required to consult 
with the Secretary to avoid the duplication of projects.
    Subsection (g) limits the amount of administrative 
overhead. The Secretary is limited to not more than one percent 
for administrative expenses. States and Tribal governments are 
limited to three percent for administrative expenses. States 
may include the cost of holding public meetings related to 
projects or the development of the Conservation and Restoration 
Plan as administrative expenses.

Section 4. Public participation

    Section 4 requires each qualified State to establish a 
citizens advisory committee or other forum for local 
governments and the public to participate in obtaining and 
using assistance provided under this Act. Qualified Tribal 
governments are required to hold public meetings to receive 
recommendations on the use of assistance provided under this 
Act.
    The Committee does not intend for a State which has process 
for public participation to create a new public participation 
process, but should include the existing process in its Salmon 
Conservation and Restoration Plan.

Section 5. Consultation not required

    Section 5 states that consultation under Section 7 of the 
Endangered Species Act is not required based solely on the 
provision of financial assistance.

Section 6. Reports

    Section 6 requires qualified States to report annually to 
Congress on the use of assistance and compliance with the Act. 
In addition, the Secretary is required to report annually to 
Congress on qualified Tribal governments' use of assistance and 
compliance with the Act. The Secretary is also required to 
report biennially to Congress on the use of assistance by the 
qualified States.

Section 7. Definitions

    Section 7 defines various terms in the Act.
    The term ``Indian tribe'' has the same meaning as that term 
in section 4(e) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(e)).
    The term ``qualified State'' means each of the States of 
Alaska, California, Idaho, Oregon and Washington.
    The term ``qualified tribal government'' means a Tribal 
government of an Indian Tribe in California, Idaho, Oregon, and 
Washington or a regional or village corporation as defined in 
or established pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) that the Secretary of Commerce in 
consultation with the Secretary of the Interior determines is 
involved in salmon management and recovery activities under the 
Endangered Species Act of 1973 andhas the management and 
organization capability to maximize the benefits of assistance provided 
under this Act.
    The term ``salmon'' means any naturally produced salmon or 
naturally produced trout of the following species: coho salmon; 
chinook salmon; chum salmon; pink salmon; sockeye salmon; 
steelhead trout; and sea-run cutthroat trout. For the State of 
Oregon the term also includes Lahontan cutthroat trout. Bull 
trout is included in this term for Oregon, Washington and 
Idaho.

Section 8. Pacific Salmon Treaty

    Section (a) authorizes representation on the Transboundary 
Panel of the Pacific Salmon Commission as part of the Pacific 
Salmon Treaty Act of 1985 (16 U.S.C. 3632).
    Section (b) authorizes expenses and compensation for United 
States representatives on the Northern and Southern fund 
Committees.
    Section (c) authorizes total appropriations of $75 million 
for the Northern Fund and $65 million for the Southern Fund for 
Fiscal Years 2001 through 2004.

Section 9. Treatment of International Fishery Commission pensioners

    This section affects U.S. citizens who served as employees 
of the International Pacific Salmon Fisheries Commission and 
the Internal North Pacific Fisheries Commission and who worked 
in Canada in their course of employment. The President is 
required to calculate the difference between the valuation of 
the Commissions' annuity for each employee in U.S. currency and 
in Canadian currency for the past and future annuity payments. 
Employees are to be compensated out of existing funds for any 
differences found.

Section 10. Authorization of appropriations

    Section 10 authorizes an appropriation of $200 million 
annually for Fiscal Years 2002 through 2004.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of Section 9 of the bill would result in increased 
direct spending, but that the cost of the payments would be 
less than $500,000. However, the Committee intends to amend 
this provision of the bill during Floor consideration to 
eliminate the direct spending issue.
    3. General Performance Goals and Objectives. As required 
under clause 3(c)(4) of rule XIII, the general performance goal 
or objective of this bill is 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1157, the Pacific 
Salmon Recovery Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Melissa Zimmerman.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1157--Pacific Salmon Recovery Act

    Summary: H.R. 1157 would authorize funding for salmon 
conservation programs in the Pacific Northwest. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 1157 would cost the federal government $510 
million over the next five years. The bill would increase 
direct spending by mandating lump-sum payments to retirees of 
certain former international commissions, so pay-as-you-go 
procedures would apply. But CBO estimates that the cost of 
these payments would be less than $500,000. H.R. 1157 contains 
no intergovernmental or private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA).
    H.R. 1157 would establish a grant program under the 
National Oceanic and Atmospheric Administration (NOAA) for 
salmon conservation and habitat restoration projects. For this 
purpose, the bill would authorize appropriations of $200 
million for each of fiscal years 2002, 2003, and 2004. The bill 
also would extend the existing authorization of appropriations 
to the Pacific Salmon Commission. Specifically, the legislation 
would authorize the appropriation of $75 million for the 
Northern Boundary and Transboundary Rivers Restoration and 
Enhancement Fund and $65 million for the Southern Boundary 
Restoration and Enhancement Fund for each fiscal year through 
2004. A portion of the $340-million annual total is authorized 
under current law for 2002 and 2003. Finally, the bill would 
direct the President of the United States to provide additional 
retirement funds to former employees of the defunct 
International Pacific Salmon Fisheries Commission and 
International North Pacific Fisheries Commission.
    Estimated cost to the Federal Government: The bill would 
increase the authorization levels for conservation and 
restoration grants by $100 million in 2002 and 2003. It would 
also eliminate an existing $30 million authorization for grants 
for local economic assistance for 2002. Consequently, the net 
increase in grant funding under the bill would be $70 million 
in 2002. The estimated budgetary impact of H.R. 1157 is shown 
in the following table. The costs of this legislation would 
fall within budget function 300 (natural resources and 
environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal years, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2001     2002     2003     2004     2005     2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law for Pacific Salmon programs:
    Authorization level \1\...............................      140      270      240        0        0        0
    Estimated outlays.....................................      100      254      247       74       33        0
Proposed changes:
    Authorization level...................................        0       70      100      340        0        0
    Estimated outlays \2\.................................        0      137      133      273      -33        0
Spending under H.R. 1157:
    Authorization level...................................      140      340      340      340        0        0
    Estimated outlays.....................................      100      391      380      347        0        0
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for activities similar to those authorized by H.R.
  1157. The levels for 2002 and 2003 are the amounts authorized for these purposes by Title VI of the
  Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001.
\2\ We estimate that implementing H.R. 1157 would reduce outlays in 2005 by $33 million because the bill would
  mandate that conservation and restoration grants be paid to states and tribes more rapidly than expected under
  current law.

    Basis of estimate: H.R. 1157 would authorize appropriations 
to benefit salmon conservation programs of the Pacific Salmon 
Commission, state conservation agencies in Alaska, Washington, 
Oregon, California, and Idaho, and Indian tribes in those 
states. For this estimate, CBO assumes that the full amounts 
authorized by H.R. 1157 will be appropriated and transferred to 
each eligible entity in each fiscal year. The estimate of 
outlays reflects the bill's requirement that grant money be 
paid in a lump sum to each eligible state or tribe once it 
submits a satisfactory conservation plan to NOAA.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Acts sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Section 
9 would increase direct spending by requiring the federal 
government to make a payment to the retirees of two defunct 
international fisheries commissions. The payment would be the 
difference between the retirement benefits that they currently 
receive in Canadian dollars from an international pension 
society, and what those benefits would be if paid in U.S. 
dollars without accounting for the difference in the value of 
these currencies. The lump-sum payments would be equal to the 
difference in the exchange rate for these currencies for all 
past and estimated future retirement benefits. Based on 
information provided by the Department of State and the 
eligible retirees, CBO estimates that enacting section 9 would 
cost the federal government less than $500,000 in fiscal year 
2002 or 2003.
    Estimated impact on State, local, and tribal governments: 
H.R. 1157 contains no intergovernmental mandates as defined in 
UMRA. The bill would benefit Alaska, California, Idaho, Oregon, 
and Washington and tribal governments located in those states, 
by authorizing the Secretary of Commerce to grant them funds 
for salmon conservation and habitat restoration.
    Estimated impact on the private sector: The bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Deborah Reis and 
Melissa Zimmerman; impact on State, local and tribal 
governments: Victoria Heid Hall; impact on the private sector: 
Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   PACIFIC SALMON TREATY ACT OF 1985

SEC. 3. UNITED STATES SECTION.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Transboundary Panel.--The United States shall be 
represented on the transboundary Panel by seven Panel members, 
of whom--
          (1) one shall be an official of the United States 
        Government with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Alaska 
        with salmon fishery management responsibility and 
        expertise; and
          (3) five shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the 
        transboundary Panel is responsible.
  [(f)] (g) The United States shall be represented on the 
Transboundary Panel by seven panel members, of whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Alaska, 
        with salmon fishery management responsibility and 
        expertise; and
          (3) five shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the 
        Transboundary Panel is responsible.
  [(g)] (h) Panel Appointments.--Panel members described in 
subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be 
appointed by the Governor of the applicable State. Panel 
members described in subsections (c)(4) and (e)(3) shall be 
appointed by the Secretary of the Interior from lists of 
nominations provided by the appropriate treaty Indian tribes. 
All other Panel members shall be appointed by the Secretary: 
Provided, That at least one member of the northern Panel shall 
be a voting member of the North Pacific Fishery Management 
Council, at least one member of the southern Panel shall be a 
voting member of the Pacific Fishery Management Council; and 
the Panel members described in subsections (c)(5), (d)(3), and 
(e)(4) shall be appointed from lists of nominations provided by 
the Governors of the applicable States. For the northern, 
southern, and Fraser River panels, the appointing authorities 
listed above may also designate an alternate Panel member, 
meeting the same qualifications and having the same term of 
office, to service in the absence of a Panel member appointed 
under this subsection. Panel members and alternate Panel 
members, other than the southern Panel member described in 
subsection (c)(5), shall serve four-year terms; except that the 
Secretary of State shall designate one-half of the initial 
appointments to each Panel as serving two-year terms. The 
southern Panel member described in subsection (c)(5) and the 
corresponding alternate shall each be appointed for one-year 
terms; the first such member shall be appointed from the 
commercial sector and an alternate shall be appointed from the 
recreational sector, with the alternate succeeding to the 
member position in the subsequent year; thereafter the member 
and alternate positions shall rotate between the commercial and 
recreational sectors on an annual basis. Any individual 
appointed to fill a vacancy occurring prior to the expiration 
of any term of office shall be appointed for the remainder of 
that term. Panel members and alternates shall be eligible for 
reappointment and may attend all meetings of the relevant 
United States Panel Section.
  [(h)] (i) Voting Requirements.--(1) * * *

           *       *       *       *       *       *       *

  (i) Consultation.--In carrying out their functions under the 
Treaty, the Commissioners and Panel members may consult with 
such other interested parties as they consider appropriate. The 
Federal Advisory Committee Act (5 U.S.C. 1 et seq.) shall not 
apply.

           *       *       *       *       *       *       *

SEC. 11. ADMINISTRATIVE MATTERS.

  (a) Commissioners and Alternate Commissioners who are not 
State or Federal employees shall receive compensation [at the 
daily rate of GS-18 of the General Schedule] at the maximum 
daily rate of pay payable under section 5376 of title 5, United 
States Code, when engaged in the actual performance of duties 
for the United States Section or for the Commission.
  (b) Panel Members and Alternate Panel Members who are not 
State or Federal employees shall receive compensation [at the 
daily rate of GS-16 of the General Schedule] at the minimum 
daily rate of pay payable under section 5376 of title 5, United 
States Code, when engaged in the actual performance of duties 
for the United States Section or for the Commission.
  (c) Compensation for Representatives on Northern Fund and 
Southern Fund Committees.--United States Representatives on the 
Pacific Salmon Treaty Northern Fund Committee and Southern Fund 
Committee who are not State or Federal employees shall receive 
compensation at the minimum daily rate of pay payable under 
section 5376 of title 5, United States Code, when engaged in 
the actual performance of duties for the United States Section 
or for the Commission.
  [(c)] (d) Travel and other necessary expenses shall be paid 
for all United States Commissioners, Alternate Commissioners, 
Panel Members, Alternate Panel Members, members of the Joint 
Technical Committee, members of the Northern Fund Committee, 
members of the Southern Fund Committee, and members of the 
Advisory Committee when engaged in the actual performance of 
duties for the United States Section or for the Commission.
  [(d)] (e) Except for officials of the United States 
Government, such individuals shall not be considered to be 
Federal employees while engaged in the actual performance of 
duties for the UnitedStates Section or for the Commission, 
except for the purposes of injury compensation or tort claims liability 
as provided in chapter 81 of title 5, United States Code, and chapter 
71 of title 28, United States Code.

           *       *       *       *       *       *       *

  Sec. 16. (a) Northern Fund and Southern Fund.--
          (1) As provided in the June 30, 1999, Agreement of 
        the United States and Canada on the Treaty Between the 
        Government of the United States and the Government of 
        Canada Concerning Pacific Salmon, 1985 (hereafter 
        referred to as the ``1999 Pacific Salmon Treaty 
        Agreement'') there are hereby established a Northern 
        Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the 
        ``Northern Fund'') and a Southern Boundary Restoration 
        and Enhancement Fund (hereafter referred to as the 
        ``Southern Fund'') to be held by the Pacific Salmon 
        Commission. The Northern Fund and Southern Fund shall 
        be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve 
        the highest annual yield consistent with protecting the 
        principal of each Fund. Income from investments made 
        pursuant to this paragraph shall be available until 
        expended, without appropriation or fiscal year 
        limitation, for programs and activities relating to 
        salmon restoration and enhancement, salmon research, 
        the conservation of salmon habitat, and implementation 
        of the Pacific Salmon Treaty and related agreements. 
        Amounts provided by grants under this subsection may be 
        held in interest bearing accounts prior to the 
        disbursement of such funds for program purposes, and 
        any interest earned may be retained for program 
        purposes without further appropriation. The Northern 
        Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to 
        unrestricted circulars of the Office of Management and 
        Budget. Recipients of amounts from either Fund shall 
        keep separate accounts and such records as are 
        reasonably necessary to disclose the use of the funds 
        as well as to facilitate effective audits.
          (2) Fund Management.--
                  (A) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Northern Fund pursuant to paragraph (1) 
                shall be administered by a Northern Fund 
                Committee, which shall be comprised of three 
                representatives of the Government of Canada, 
                and three representatives of the United States. 
                The three United States representatives shall 
                be the United States Commissioner and Alternate 
                Commissioner appointed (or designated) from a 
                list submitted by the Governor of Alaska for 
                appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National 
                Marine Fisheries Service for the Alaska Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area from Cape Caution, Canada to 
                Cape Suckling, Alaska may be approved for 
                funding by the Northern Fund Committee.
                  (B) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Southern Fund pursuant to paragraph (1) 
                shall be administered by a Southern Fund 
                Committee, which shall be comprised of three 
                representatives of Canada and three 
                representatives of the United States. The 
                United States representatives shall be 
                appointed by the Secretary of Commerce: one 
                shall be selected from a list of three 
                qualified individuals submitted by the 
                Governors of the States of Washington and 
                Oregon; one shall be selected from a list of 
                three qualified individuals submitted by the 
                treaty Indian tribes (as defined by the 
                Secretary of Commerce); and one shall be the 
                Regional Administrator of the National Marine 
                Fisheries Service for the Northwest Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area south of Cape Caution, Canada, 
                may be approved for funding by the Southern 
                Fund Committee.
  (b) Pacific Salmon Treaty Implementation.--(1) None of the 
funds authorized by this section for implementation of the 1999 
Pacific Salmon Treaty Agreement shall be made available until 
each of the following conditions to the 1999 Pacific Salmon 
Treaty Agreement has been fulfilled--
          (A) stipulations are revised and court orders 
        requested as set forth in the letter of understanding 
        of the United States negotiators dated June 22, 1999. 
        If such orders are not requested by December 31, 1999, 
        this condition shall be considered unfulfilled; and
          (B) a determination is made that--
                  (i) the entry by the United States into the 
                1999 Pacific Salmon Treaty Agreement;
                  (ii) the conduct of the Alaskan fisheries 
                pursuant to the 1999 Pacific Salmon Treaty 
                Agreement, without further clarification or 
                modification of the management regimes 
                contained therein; and
                  (iii) the decision by the North Pacific 
                Fisheries Management Council to continue to 
                defer its management authority over salmon to 
                the State of Alaska are not likely to cause 
                jeopardy to, or adversely modify designated 
                critical habitat of, any salmonid species 
                listed under Public Law 93-205, as amended, in 
                any fishery subject to the Pacific Salmon 
                Treaty.
  (2) If the requests for orders in subparagraph (1)(A) are 
withdrawn after December 31, 1999, or if such orders are not 
entered by March 1, 2000, amounts in the Northern Fund and the 
Southern Fund shall be transferred to the general fund of the 
United States Treasury.
  (3) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce shall determine whether 
Southern United States fisheries are likely to cause jeopardy 
to, or adversely modify designated critical habitat of, any 
salmonid species listed under Public Law 93-205, as amended, 
before the Secretary of Commerce may initiate or reinitiate 
consultation on Alaska fisheries under such Act.
  (4) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce may not initiate or 
reinitiateconsultation on Alaska fisheries under section 7 of 
Public Law 93-205, as amended, until--
          (A) the Pacific Salmon Commission has had a 
        reasonable opportunity to implement the provisions of 
        the 1999 Pacific Salmon Treaty Agreement, including the 
        harvest responses pursuant to paragraph 9, chapter 3 of 
        Annex IV to the Pacific Salmon Treaty; and
          (B) he determines, in consultation with the United 
        States Section of the Pacific Salmon Commission, that 
        implementation actions under the 1999 Agreement will 
        not return escapements as expeditiously as possible to 
        maximum sustainable yield or other biologically-based 
        escapement objectives agreed to by the Pacific Salmon 
        Commission.
  (5) The Secretary of Commerce shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives of his 
intent to initiate or reinitiate consultation on Alaska 
fisheries.
  (6)(A) For purposes of this section, ``Alaska fisheries'' 
means all directed Pacific salmon fisheries off the coast of 
Alaska that are subject to the Pacific Salmon Treaty.
  (B) For purposes of this section, ``Southern United States 
fisheries'' means all directed Pacific salmon fisheries in 
Washington, Oregon, and the Snake River basin of Idaho that are 
subject to the Pacific Salmon Treaty.
  (c) Improved Salmon Management.--Section 3(g) of Public Law 
99-5, as amended, is amended--
          (1) in paragraph (1) by striking ``The'' and 
        inserting ``Except as provided in paragraph (2), the'';
          (2) by inserting after paragraph (1) the following 
        new paragraph:
  ``(2) A decision of the United States Section with respect to 
any salmon fishery regime covered by chapter 1 or 2 (except 
paragraph 4 of chapter 2) of Annex IV to the Pacific Salmon 
Treaty of 1985 shall be taken upon the affirmative vote of the 
United States Commissioner appointed from the list submitted by 
the Governor of Alaska pursuant to subsection (a). A decision 
of the United States Section with respect to any salmon fishery 
regime covered by chapter 4, 5 (except paragraph 2(b) of 
chapter 5), or 6 of the Pacific Salmon Treaty of 1985 shall be 
taken upon the affirmative vote of both the United States 
Commissioner appointed from the list submitted by the Governors 
of Washington and Oregon pursuant to subsection (a) and the 
United States Commissioner appointed from the list submitted by 
the treaty Indian tribes of the State of Idaho, Oregon, or 
Washington pursuant to subsection (a). Before a decision of the 
United States Section is made under this paragraph, the voting 
Commissioner or Commissioners shall consult with the 
Commissioner who is an official of the United States Government 
under subsection (a)''; and
          (3) by renumbering the existing paragraphs.
  (d) Authorization of Appropriations.--For capitalizing the 
Northern Fund and Southern Fund established under the 1999 
Pacific Salmon Treaty Agreement and related agreements, there 
are authorized to be appropriated a total of $75,000,000 for 
the Northern Fund and a total of $65,000,000 for the Southern 
Fund for fiscal years 2001, 2002, 2003, and 2004, for the 
implementation of those agreements.
                              ----------                              

  SECTION 623 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2000

  [Sec. 623. (a) Northern Fund and Southern Fund.--
          [(1) As provided in the June 30, 1999, Agreement of 
        the United States and Canada on the Treaty Between the 
        Government of the United States and the Government of 
        Canada Concerning Pacific Salmon, 1985 (hereafter 
        referred to as the ``1999 Pacific Salmon Treaty 
        Agreement'') there are hereby established a Northern 
        Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the 
        ``Northern Fund'') and a Southern Boundary Restoration 
        and Enhancement Fund (hereafter referred to as the 
        ``Southern Fund'') to be held by the Pacific Salmon 
        Commission. The Northern Fund and Southern Fund shall 
        be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve 
        the highest annual yield consistent with protecting the 
        principal of each Fund. Income from investments made 
        pursuant to this paragraph shall be available until 
        expended, without appropriation or fiscal year 
        limitation, for programs and activities relating to 
        salmon restoration and enhancement, salmon research, 
        the conservation of salmon habitat, and implementation 
        of the Pacific Salmon Treaty and related agreements. 
        Amounts provided by grants under this subsection may be 
        held in interest bearing accounts prior to the 
        disbursement of such funds for program purposes, and 
        any interest earned may be retained for program 
        purposes without further appropriation. The Northern 
        Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to 
        unrestricted circulars of the Office of Management and 
        Budget. Recipients of amounts from either Fund shall 
        keep separate accounts and such records as are 
        reasonably necessary to disclose the use of the funds 
        as well as to facilitate effective audits.
          [(2) Fund Management.--
                  [(A) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Northern Fund pursuant to paragraph (1) 
                shall be administered by a Northern Fund 
                Committee, which shall be comprised of three 
                representatives of the Government of Canada, 
                and three representatives of the United States. 
                The three United States representatives shall 
                be the United States Commissioner and Alternate 
                Commissioner appointed (or designated) from a 
                list submitted by the Governor of Alaska for 
                appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National 
                Marine Fisheries Service for the Alaska Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area from Cape Caution, Canadato 
Cape Suckling, Alaska may be approved for funding by the Northern Fund 
Committee.
                  [(B) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Southern Fund pursuant to paragraph (1) 
                shall be administered by a Southern Fund 
                Committee, which shall be comprised of three 
                representatives of Canada and three 
                representatives of the United States. The 
                United States representatives shall be 
                appointed by the Secretary of Commerce: one 
                shall be selected from a list of three 
                qualified individuals submitted by the 
                Governors of the States of Washington and 
                Oregon; one shall be selected from a list of 
                three qualified individuals submitted by the 
                treaty Indian tribes (as defined by the 
                Secretary of Commerce); and one shall be the 
                Regional Administrator of the National Marine 
                Fisheries Service for the Northwest Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area south of Cape Caution, Canada 
                may be approved for funding by the Southern 
                Fund Committee.
  [(b) Pacific Salmon Treaty Implementation.--(1) None of the 
funds authorized by this section for implementation of the 1999 
Pacific Salmon Treaty Agreement shall be made available until 
each of the following conditions to the 1999 Pacific Salmon 
Treaty Agreement has been fulfilled--
          [(A) stipulations are revised and court orders 
        requested as set forth in the letter of understanding 
        of the United States negotiators dated June 22, 1999. 
        If such orders are not requested by December 31, 1999, 
        this condition shall be considered unfulfilled; and
          [(B) a determination is made that--
                  [(i) the entry by the United States into the 
                1999 Pacific Salmon Treaty Agreement;
                  [(ii) the conduct of the Alaskan fisheries 
                pursuant to the 1999 Pacific Salmon Treaty 
                Agreement, without further clarification or 
                modification of the management regimes 
                contained therein; and
                  [(iii) the decision by the North Pacific 
                Fisheries Management Council to continue to 
                defer its management authority over salmon to 
                the State of Alaska are not likely to cause 
                jeopardy to, or adversely modify designated 
                critical habitat of, any salmonid species 
                listed under Public Law 93-205, as amended, in 
                any fishery subject to the Pacific Salmon 
                Treaty.
  [(2) If the requests for orders in subparagraph (1)(A) are 
withdrawn after December 31, 1999, or if such orders are not 
entered by March 1, 2000, amounts in the Northern Fund and the 
Southern Fund shall be transferred to the general fund of the 
United States Treasury.
  [(3) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce shall determine whether 
Southern United States fisheries are likely to cause jeopardy 
to, or adversely modify designated critical habitat of, any 
salmonid species listed under Public Law 93-205, as amended, 
before the Secretaryof Commerce may initiate or reinitiate 
consultation on Alaska fisheries under such Act.
  [(4) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce may not initiate or 
reinitiate consultation on Alaska fisheries under section 7 of 
Public Law 93-205, as amended, until--
          [(A) the Pacific Salmon Commission has had a 
        reasonable opportunity to implement the provisions of 
        the 1999 Pacific Salmon Treaty Agreement, including the 
        harvest responses pursuant to paragraph 9, chapter 3 of 
        Annex IV to the Pacific Salmon Treaty; and
          [(B) he determines, in consultation with the United 
        States Section of the Pacific Salmon Commission, that 
        implementation actions under the 1999 Agreement will 
        not return escapements as expeditiously as possible to 
        maximum sustainable yield or other biologically-based 
        escapement objectives agreed to by the Pacific Salmon 
        Commission.
  [(5) The Secretary of Commerce shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives of his 
intent to initiate or reinitiate consultation on Alaska 
fisheries.
  [(6)(A) For purposes of this section, ``Alaska fisheries'' 
means all directed Pacific salmon fisheries off the coast of 
Alaska that are subject to the Pacific Salmon Treaty.
  [(B) For purposes of this section, ``Southern United States 
fisheries'' means all directed Pacific salmon fisheries in 
Washington, Oregon, and the Snake River basin of Idaho that are 
subject to the Pacific Salmon Treaty.
  [(c) Improved Salmon Management.--Section 3(g) of Public Law 
99-5, as amended, is amended--
          [(1) in paragraph (1) by striking ``The'' and 
        inserting ``Except as provided in paragraph (2), the'';
          [(2) by inserting after paragraph (1) the following 
        new paragraph:
  [``(2) A decision of the United States Section with respect 
to any salmon fishery regime covered by chapter 1 or 2 (except 
paragraph 4 of chapter 2) of Annex IV to the Pacific Salmon 
Treaty of 1985 shall be taken upon the affirmative vote of the 
United States Commissioner appointed from the list submitted by 
the Governor of Alaska pursuant to subsection (a). A decision 
of the United States Section with respect to any salmon fishery 
regime covered by chapter 4, 5 (except paragraph 2(b) of 
chapter 5), or 6 of the Pacific Salmon Treaty of 1985 shall be 
taken upon the affirmative vote of both the United States 
Commissioner appointed from the list submitted by the Governors 
of Washington and Oregon pursuant to subsection (a) and the 
United States Commissioner appointed from the list submitted by 
the treaty Indian tribes of the State of Idaho, Oregon, or 
Washington pursuant to subsection (a). Before a decision of the 
United States Section is made under this paragraph, the voting 
Commissioner or Commissioners shall consult with the 
Commissioner who is an official of the United States Government 
under subsection (a)''; and
          [(3) by renumbering the existing paragraphs.
  [(d)(1) Pacific Salmon Treaty.--
          [(A) For capitalizing the Northern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $75,000,000.
          [(B) For capitalizing the Southern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $65,000,000.
          [(C) To provide economic adjustment assistance to 
        fishermen pursuant to the 1999 Pacific Salmon Treaty 
        Agreement, there is authorized to be appropriated in 
        fiscal years 2000, 2001, and 2002 a total of 
        $30,000,000.
  [(2) Pacific Coastal Salmon Recovery.--
          [(A) For salmon habitat restoration, salmon stock 
        enhancement, and salmon research, including the 
        construction of salmon research and related facilities, 
        there is authorized to be appropriated for each of 
        fiscal years 2000, 2001, 2002, and 2003, $90,000,000 to 
        the States of Alaska, Washington, Oregon, and 
        California. Amounts appropriated pursuant to this 
        subparagraph shall be made available as direct 
        payments. The State of Alaska may allocate a portion of 
        any funds it receives under this subsection to eligible 
        activities outside Alaska.
          [(B) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and supplementation 
        activities, there is authorized to be appropriated in 
        each of fiscal years 2000, 2001, 2002, and 2003, 
        $10,000,000 to be divided between the Pacific Coastal 
        tribes (as defined by the Secretary of Commerce) and 
        the Columbia River tribes (as defined by the Secretary 
        of Commerce).]

                                
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