19–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–272

PACIFIC SALMON RECOVERY ACT 

SEPTEMBER 16, 2003.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1945] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(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, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Pacific Salmon Recovery Act’’. 

SEC. 2. SALMON CONSERVATION AND SALMON HABITAT RESTORATION ASSISTANCE. 

(a) REQUIREMENT TO PROVIDE ASSISTANCE.—Subject to the availability of appropriations, the Secretary of Commerce shall provide financial assistance in accordance with this Act to qualified States and qualified tribal governments for salmon 

conservation and salmon habitat restoration activities. 

(b) ALLOCATION.—Of the amounts available to provide assistance under this section each fiscal year (after the application of section 3(f)), the Secretary—

(1) shall allocate 90 percent among qualified States, in equal amounts; and 

(2) shall allocate 10 percent among qualified tribal governments, in amounts 

determined by the Secretary. 

(c) TRANSFER.—

(1) IN GENERAL.—The Secretary shall promptly transfer to a qualified State 

or qualified tribal government that has entered into a memorandum of understanding under section 3(a) amounts allocated to the qualified State or qualified 

tribal government, respectively, under subsection (b) of this section. 

(2) TRANSFERS TO QUALIFIED STATES.—The Secretary shall make the transfer 

to a qualified State under paragraph (1)—

(A) to the Washington State Salmon Recovery Board, in the case of 

amounts allocated to Washington; 

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(B) to the Oregon State Watershed Enhancement Board, in the case of 

amounts allocated to Oregon; 

(C) to the California Department of Fish and Game for the California 

Coastal Salmon Recovery Program, in the case of amounts allocated to California; 

(D) to the Governor of Alaska, in the case of amounts allocated to Alaska; 

and 

(E) to the Office of Species Conservation, in the case of amounts allocated 

to Idaho. 

(d) REALLOCATION.—

(1) AMOUNTS ALLOCATED TO QUALIFIED STATES.—Amounts that are allocated 

to a qualified State for a fiscal year may be reallocated under subsection (b)(1) 

among the other qualified States, if the amounts remain unobligated at the end 

of the subsequent fiscal year. 

(2) AMOUNTS ALLOCATED TO QUALIFIED TRIBAL GOVERNMENTS.—Amounts that 

are allocated to a qualified tribal government for a fiscal year may be reallocated under subsection (b)(2) among the other qualified tribal governments, if 

the qualified tribal government has not entered into a memorandum of understanding with the Secretary in accordance with section 3(a) as of the end of the 

fiscal year. 

SEC. 3. RECEIPT AND USE OF ASSISTANCE. 

(a) MEMORANDA OF UNDERSTANDING.—

(1) IN GENERAL.—To receive assistance under this Act, a qualified State or 

qualified tribal government must enter into a memorandum of understanding 

with the Secretary in accordance with this subsection. 

(2) CONTENTS.—Each memorandum of understanding shall, at a minimum—

(A) be consistent with other applicable Federal laws; 

(B) be consistent with the goal of salmon recovery; 

(C) except as provided in subparagraph (D), give priority to use of assistance under this section for projects that—

(i) provide a direct and demonstrable benefit to salmon or their habitat; 

(ii) provide the greatest benefit to salmon conservation and salmon 

habitat restoration relative to the cost of the projects; and 

(iii) conserve, and restore habitat, for—

(I) salmon that are listed as endangered species or threatened 

species, proposed for such listing, or candidates for such listing, 

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 

or 

(II) salmon that are given special protection under the laws or 

regulations of the qualified State or resolutions, ordinances, or regulations of the qualified tribal government, respectively; 

(D) in the case of a memorandum of understanding submitted by a qualified State or qualified tribal government the jurisdiction of which, as of the 

date of the enactment of this Act, contains no area at which a salmon species referred to in subparagraph (C)(iii)(I) spawns—

(i) give priority to use of assistance for projects referred to in subparagraph (C)(i) and (ii) that contribute to proactive programs to conserve and enhance species of salmon that intermingle with, or are otherwise related to, species referred to in subparagraph (C)(iii)(I), which 

may include (among other matters)—

(I) salmon-related research, data collection, and monitoring; 

(II) salmon supplementation and enhancement; 

(III) salmon habitat restoration; 

(IV) increasing economic opportunities for salmon fishermen; and 

(V) national and international cooperative habitat programs; and 

(ii) provide for revision of the memorandum of understanding within 

one year after any date on which any salmon species that spawns in 

the qualified State is listed as an endangered species or threatened species, proposed for such listing, or a candidate for such listing, under the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 

(E) establish specific goals and timelines for activities funded with such 

assistance; 

(F) include measurable criteria by which such activities may be evaluated; 

(G) require that activities carried out with such assistance shall—

(i) be scientifically based; 

(ii) be cost effective; 

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(iii) not be conducted on private land except with the consent of the 

owner of the land; and 

(iv) contribute to the conservation and recovery of salmon; 

(H) require that the qualified State or qualified tribal government maintain its aggregate expenditures of funds from non-Federal sources for salmon habitat restoration programs at or above the average level of such expenditures in the 2 fiscal years preceding the date of the enactment of this 

Act; and 

(I) ensure that activities funded under this Act are conducted in a manner in which, and in areas where, the State has determined that they will 

have long-term benefits. 

(3) SOLICITATION OF COMMENTS.—In preparing a memorandum of understanding under this subsection a qualified State should to the extent practicable 

seek comments on the memorandum of understanding from local governments 

in the qualified State. 

(b) ELIGIBLE ACTIVITIES.— (1) IN GENERAL.—Assistance under this Act may be used by a qualified State 

or by a qualified tribal government in accordance with a memorandum of understanding entered into by the government under subsection (a), to carry out or 

make grants to carry out, among other activities, the following: 

(A) Watershed evaluation, assessment, and planning necessary to develop 

a site-specific and clearly prioritized plan to implement watershed improvements, including for making multi-year grants. 

(B) Salmon-related research, data collection, and monitoring, salmon supplementation and enhancement, and salmon habitat restoration. 

(C) Maintenance and monitoring of projects completed with such assistance. 

(D) Technical training and education projects, including teaching private 

landowners about practical means of improving land and water management practices to contribute to the conservation and restoration of salmon 

habitat. 

(E) Other activities related to salmon conservation and salmon habitat 

restoration. 

(F) In the case of a memorandum of understanding regarding conservation and restoration in Washington or Idaho, other activities to protect and 

restore Bull trout. 

(G) In the case of a memorandum of understanding regarding conservation and restoration in Oregon, other activities to protect and restore 

Lahontan cutthroat trout and Bull trout. 

(2) USE FOR LOCAL AND REGIONAL PROJECTS.—Funds allocated to qualified 

States under this Act shall be used for local and regional projects. 

(c) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE OF JURISDICTION OF RECIPIENT.—

Assistance under this section provided to a qualified State or qualified tribal government may be used for activities conducted outside the areas under its jurisdiction 

if the activity will provide conservation benefits to naturally produced salmon in 

streams of concern to the qualified State or qualified tribal government, respectively. 

(d) COST SHARING BY QUALIFIED STATES.—

(1) IN GENERAL.—A qualified State shall match 25 percent of the amount of 

any financial assistance provided to the qualified State for a fiscal year under 

this Act, in the form of monetary contributions or in-kind contributions of services for projects carried out with such assistance. For purposes of this paragraph, monetary contributions by the State shall not be considered to include 

funds received from other Federal sources. 

(2) LIMITATION ON REQUIRING MATCHING FOR EACH PROJECT.—The Secretary 

may not require a qualified State to provide matching funds for each project 

carried out with assistance under this Act. 

(3) TREATMENT OF MONETARY CONTRIBUTIONS.—For purposes of subsection 

(a)(2)(H), the amount of monetary contributions by a qualified State under this 

subsection shall be treated as expenditures from non-Federal sources for salmon 

conservation and salmon habitat restoration programs. 

(e) COORDINATION OF ACTIVITIES.—

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

receiving assistance under this Act is encouraged to carefully coordinate salmon 

conservation activities of its agencies to eliminate duplicative and overlapping 

activities. 

(2) CONSULTATION.—Each qualified State and qualified tribal government receiving assistance under this Act shall consult with the Secretary to ensure 

there is no duplication in projects funded under this Act. 

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(f) LIMITATION ON ADMINISTRATIVE EXPENSES.— (1) FEDERAL ADMINISTRATIVE EXPENSES.—Of the amount made available 

under this Act each fiscal year, not more than 2 percent may be used by the 

Secretary for administrative expenses incurred in carrying out this Act. 

(2) STATE AND TRIBAL ADMINISTRATIVE EXPENSES.—Of the amount allocated 

under this Act to a qualified State or qualified tribal government each fiscal 

year, not more than 4 percent may be used by the qualified State or qualified 

tribal government, respectively, for administrative expenses incurred in carrying out this Act. 

SEC. 4. PUBLIC PARTICIPATION. 

(a) QUALIFIED STATE GOVERNMENTS.—Each qualified State seeking assistance 

under this Act shall establish a citizens advisory committee or provide another similar forum for local governments and the public to participate in obtaining and using 

the assistance. 

(b) QUALIFIED TRIBAL GOVERNMENTS.—Each qualified tribal government receiving 

assistance under this Act shall hold public meetings to receive recommendations on 

the use of the assistance. 

SEC. 5. CONSULTATION NOT REQUIRED. 

Consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) shall not be required based solely on the provision of financial assistance under this Act. 

SEC. 6. REPORTS. 

(a) QUALIFIED STATES.—Each qualified State shall, by not later than December 31 

of each year, submit to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Resources of the House of Representatives an 

annual report on the use of financial assistance received by the qualified State 

under this Act. The report shall contain an evaluation of the success of this Act in 

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

(b) SECRETARY.— (1) ANNUAL REPORT REGARDING FINANCIAL ASSISTANCE.—The Secretary shall, 

by not later than December 31 of each year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives an annual report on the use of financial 

assistance received by qualified States and qualified tribal governments under 

this Act. The report shall contain an evaluation of the success of this Act in 

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

(2) ANNUAL REPORT REGARDING MEMORANDA OF UNDERSTANDING.—The Secretary shall, by not later than one year after the date of the enactment of this 

Act, and annually thereafter— (A) review the memorandum of understanding under section 3(a) of each 

qualified State and each qualified tribal government and the review process 

of each qualified State and each qualified tribal government salmon recovery program; and 

(B) report on such review to the Committee on Commerce, Science and 

Transportation of the Senate and the Committee on Resources of the House 

of Representatives, including recommendations of any means to make the 

State or tribal programs more efficient for salmon recovery. 

SEC. 7. DEFINITIONS. 

In this Act: 

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given that term 

in section 4(e) of the Indian Self-Determination and Education Assistance Act 

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

(2) QUALIFIED STATE.—The term ‘‘qualified State’’ means each of the States 

of Alaska, Washington, Oregon, California, and Idaho. 

(3) QUALIFIED TRIBAL GOVERNMENT.—The term ‘‘qualified tribal government’’ means—

(A) a tribal government of an Indian tribe in Washington, Oregon, California, or Idaho that the Secretary of Commerce, in consultation with the 

Secretary of the Interior, determines— (i) is involved in salmon management and recovery activities under 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and 

(ii) has the management and organizational capability to maximize 

the benefits of assistance provided under this Act; and 

(B) a 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—

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(i) is involved in salmon conservation and management; and 

(ii) has the management and organizational capability to maximize 

the benefits of assistance provided under this Act. 

(4) SALMON.—The term ‘‘salmon’’ means any naturally produced salmon or 

naturally produced trout of the following species: 

(A) Coho salmon (oncorhynchus kisutch). 

(B) Chinook salmon (oncorhynchus tshawytscha). 

(C) Chum salmon (oncorhynchus keta). 

(D) Pink salmon (oncorhynchus gorbuscha). 

(E) Sockeye salmon (oncorhynchus nerka). 

(F) Steelhead trout (oncorhynchus mykiss). 

(G) Sea-run cutthroat trout (oncorhynchus clarki clarki). 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce. 

SEC. 8. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY COMMISSION PENSIONERS. 

The President shall— (1) determine the number of United States citizens who— (A) served as employees of the International Pacific Salmon Fisheries 

Commission or the International North Pacific Fisheries Commission; and 

(B) worked in Canada in the course of employment with that commission; 

(2) calculate for each such employee the difference between— (A) the value, in United States currency, of the annuity payments made 

and to be made (determined by an actuarial valuation) by or on behalf of 

each such commission to the employee; and 

(B) the value, in Canadian currency, of such annuity payments; and 

(3) by not later than September 1, 2004, submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, 

Science and Transportation of the Senate a report on the determinations and 

calculations made under paragraphs (1) and (2). 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated $200,000,000 for each of the fiscal years 

2004, 2005, and 2006 to carry out this Act. Funds appropriated under this section 

may remain until expended. 

SEC. 10. SENSE OF THE CONGRESS REGARDING BIPARTISAN JULY 2000 GOALS. 

It is the sense of the Congress that the Congress supports the bipartisan July 

2000 goals, objectives, and recommendations of the Governors of Idaho, Montana, 

Oregon, and Washington to protect and restore salmon and other aquatic species to 

sustainable and harvestable levels while meeting the requirements of the Endangered Species Act of 1973, the Clean Water Act, the Pacific Northwest Electric 

Power Planning and Conservation Act, tribal treaty rights, and executive orders and 

while taking into account the need to preserve a sound economy in Alaska, California, Idaho, Montana, Oregon, and Washington.

PURPOSE OF THE BILL

The purpose of H.R. 1945, the Pacific Salmon Recovery Act, 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. 

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. In the early 1990s, the 

Northwest region of the National Marine Fisheries Services reviewed the status of west coast populations of Pacific salmon and 

steelhead with respect to the Endangered Species Act (ESA). To 

date, the agency has identified over 50 Evolutionary Significant 

Units of salmon and steelhead from California to the Pacific Northwest, of which 26 are currently listed under the ESA. 

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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 for each 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’s funding 

request included funding for the coastal Indian tribes of California, 

Oregon, and Washington. 

While the fiscal year 2000 appropriations bill (Public Law 106– 113) appropriated funds to the States for that fiscal year, it was 

the omnibus appropriation bill for fiscal year 2001 (Public Law 

106–553) that authorized $100 million for salmon habitat restoration, salmon stock enhancement, and salmon research for the 

States of Alaska, California, Oregon and Washington for each of 

the fiscal years 2000–2003. Pacific coastal tribes and Columbia 

River tribes were also included in this authorization. Since fiscal 

year 2000, the States have received a total of: $73 million (Alaska); 

$49 million (California); $49 million (Oregon); and $98 million 

(Washington). The coastal tribes have received $32 million and the 

Columbia River tribes have received $11 million. This authorization of appropriations expires this fiscal year. 

In the 106th and 107th Congresses, Congressman Mike Thompson (D–CA) introduced H.R. 2798 and H.R. 1157 respectively to authorize appropriations to the States for salmon recovery programs. 

The bills passed the House in both Congresses, but the Senate did 

not act on the measures in either Congress. 

Congressman Thompson reintroduced the provisions as H.R. 

1945 in the 108th Congress. The bill would authorize $250 million 

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

for fiscal each year 2004–2006. 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, once appropriated, would 

go toward projects which would restore and conserve endangered 

and threatened salmon, steelhead, sea-run cutthrout trout and 

their habitat. In addition, Lahontan cutthroat trout and bull trout 

habitat restoration projects qualify to receive funding in Oregon as 

will bull trout habitat in Washington and Oregon. The bill requires 

annual reports to Congress from each of the States, and the Secretary of Commerce for the tribes and the States, reviewing the use 

of funds. 

COMMITTEE ACTION

H.R. 1945 was introduced on May 1, 2003, 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 June 11, 2003, the 

Full Resources Committee met to consider the bill. The Subcommittee was discharged from further consideration by unanimous consent. Congressman Wayne Gilchrest (R–MD) offered an 

amendment in the nature of a substitute that reduced the authorized appropriations to $200 million each fiscal year; changed the allocation of funds to the States and tribes from an 85–15 split to a 

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90–10 split; increased the cap on administrative costs by 1 percent; 

added a review process by the Secretary of Commerce; deleted the 

section requiring State conservation plans, and instead required 

each State to have a Memorandum of Understanding; deleted the 

section requiring the purchase of American-made equipment and 

products; and deleted the section requiring a report on timber practices in Canada. Congressman Jay Inslee (D–WA) offered an 

amendment to amend the implementation of recovery plans and 

withdrew it. The Gilchrest amendment was adopted by voice vote. 

The bill as amended was then 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) details the amounts to be given to qualified States 

and qualified tribal governments. The States will receive equal 

shares of 90 percent of the funds appropriated to the States. Tribal 

governments will receive 10 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 and qualified tribal governments that 

have a Memorandum of Understanding (MOU) with the Secretary. 

Subsection (d) outlines how the Secretary will reallocate funds in 

cases where one or more States have not obligated matching funds 

after two years. 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 after one year. 

Section 3. Receipt and use of assistance 

Subsection (a) states that a qualified State and qualified tribal 

government is required to have a MOU with the Secretary to receive assistance. 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 its habitat. For States and tribal governments that at 

the date of enactment do not have listed salmon that spawn in 

areas under its jurisdiction, 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 

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enactment a species of salmon does become listed, the MOU must 

be revised within one year to give priority to projects targeted to 

the newly listed species. A State or tribal government 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 and tribal governments 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, 

and some tribal governments currently have MOUs with the Secretary regarding the use of appropriated funds for salmon recovery. 

A Committee review of the current State and tribal MOUs reveals 

many consistencies with the MOU requirements in the legislation. 

The Committee does not envision the States or tribal governments 

having to redraft or renegotiate their current MOU with the Secretary or make major changes to their State processes. However, 

if an MOU should be reviewed and modified by the State and the 

Secretary, every effort should be made to ensure the MOU complies 

with the MOU requirement of this legislation. 

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. 

The Committee also encourages the Secretary to expeditiously 

approve permits received under sections 7 and 10 of the Endangered Species Act for State projects that will benefit salmon and its 

habitat. The Committee would recommend greater coordination between the National Marine Fisheries Service 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 to salmon and their 

habitat. 

The Committee’s intention is that the cost effectiveness requirement not necessarily be a requirement for 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 and 

tribal governments continue to fund projects using State and tribal 

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 

and tribal governments 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 and tribal governments should take care to not fund 

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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 

making determinations on what programs will receive assistance. 

Subsection (b) outlines the use of funds. Qualified States and 

qualified tribal governments are authorized to make grants for the 

following: watershed evaluation, assessment and planning; salmonrelated 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. It is not the intent of the Committee 

that funds be used to purchase land or water rights. Funds allocated must be used for local and regional projects. For the State 

of Oregon, qualified activities may also include programs for 

Lahontan cutthroat trout and bull trout and qualified activities for 

bull trout may be undertaken in the States of Washington and 

Idaho. The Secretary of the Interior, the agency with management 

authority over Lahontan cutthroat trout and bull trout, should be 

consulted and existing recovery plans for these species reviewed 

prior to the expenditure of funds. 

Subsection (c) 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 or rivers of concern. 

Subsection (d) requires States to match 25 percent of the 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). 

Subsection (e) encourages qualified States and qualified tribal 

governments to 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 (f) limits the amount of administrative overhead. The 

Secretary is limited to not more than two percent for administrative expenses. States and tribal governments are limited to four 

percent for administrative expenses. States and tribal governments 

may include the cost of holding public meetings related to projects 

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 

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this Act. The Committee does not intend for a State which has a 

process for public participation to create a new public participation 

process. Qualified tribal governments are required to hold public 

meetings to receive recommendations on the use of assistance provided under this Act. 

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 under this Act. 

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 States’ and qualified tribal governments’ use of assistance and 

compliance with the Act. The Secretary is also required to report 

on the review process each State has for its salmon conservation 

programs and make recommendations on how the State or tribal 

programs can more effectively restore salmon populations. 

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 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 and has 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. 

The term ‘‘Secretary’’ means the Secretary of Commerce. 

Section 8. Report regarding treatment of International Fishery Commission pensioners 

The President is required to calculate the difference between the 

valuation of the Commissions’ annuity for each employee’s payment 

in U.S. currency and in Canadian currency for the past and future 

annuity payments and report those findings by September 1, 2004. 

Section 9. Authorization of appropriations 

Section 9 authorizes an appropriation of $200 million annually 

for Fiscal Years 2004 through 2006. 

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Section 10. Sense of Congress regarding bipartisan July 2000 goals 

Section 10 states how Congress supports the goals, objectives and 

recommendations of the Governors of Idaho, Montana, Oregon, and 

Washington as outlined in the July 2000 document regarding the 

protection of restoration of salmon and other aquatic species. 

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, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General performance goals and objectives. As required by 

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, California, Idaho, Oregon and Washington 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 23, 2003. 

Hon. RICHARD POMBO, 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. 1945, the Pacific Salmon 

Recovery Act. 

12

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director.

H.R. 1945—Pacific Salmon Recovery Act 

Summary: H.R. 1945 would authorize a grant program under the 

auspices of the National Oceanic and Atmospheric Administration 

(NOAA) for salmon conservation and habitat restoration projects in 

the Pacific Northwest. For this purpose, the bill would authorize 

the appropriation of $200 million for each of fiscal years 2004, 

2005, and 2006. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing the legislation would cost the Federal 

Government $600 million over the next five years. Enacting H.R. 

1945 would not affect direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1945 is shown in the following table. The costs 

of this legislation would fall within budget function 300 (natural resources and environment).

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for Pacific Salmon Programs: 

Budget Authority 1 ........................................................................... 90 0 0 0 0 0

Estimated Outlays ........................................................................... 170 100 0 0 0 0

Proposed Changes: 

Authorization Level .......................................................................... 0 200 200 200 0 0

Estimated Outlays ........................................................................... 0 200 200 200 0 0

Spending Under H.R. 1945: 

Authorization Level .......................................................................... 90 200 200 200 0 0

Estimated Outlays ........................................................................... 170 300 200 200 0 0

1 The 2003 level is the amount appropriated for that year for activities similar to those that would be authorized by H.R. 1945. 

Basis of estimate: H.R. 1945 would authorize appropriations to 

fund salmon conservation programs in the States of Alaska, Washington, Oregon, California, and Idaho, and Indian tribes in those 

States. For this estimate, CBO assumes that the full amounts authorized by the bill 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 transferred promptly to an 

eligible State or tribe once it enters into a memorandum of understanding with NOAA. 

The bill also would require the President to report to the Congress on the retirement benefits of U.S. citizens who were once employed by the defunct International Pacific Salmon Fisheries Commission and International North Pacific Fisheries Commission. 

CBO estimates that implementing this provision would have no 

significant impact on Federal spending. 

Estimated impact on State, local, and tribal governments: H.R. 

1945 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, 

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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. Impact on 

State, local, and tribal governments: Marjorie Miller. Impact on the 

private sector: Lauren Marks. 

Estimate approved by: Robert A. Sunshine, 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

If enacted, this bill would make no changes in existing law.

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