I 

113TH CONGRESS 

2D SESSION H. R. 4097 

To ensure that proper information gathering and planning are undertaken 

to secure the preservation and recovery of the salmon and steelhead 

of the Columbia River Basin in a manner that protects and enhances 

local communities, ensures effective expenditure of Federal resources, 

and maintains reasonably priced, reliable power, to direct the Secretary 

of Commerce to seek scientific analysis of Federal efforts to restore 

salmon and steelhead listed under the Endangered Species Act of 1973, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2014 

Mr. MCDERMOTT introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committees on Natural Resources and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To ensure that proper information gathering and planning 

are undertaken to secure the preservation and recovery 

of the salmon and steelhead of the Columbia River Basin 

in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, 

and maintains reasonably priced, reliable power, to direct 

the Secretary of Commerce to seek scientific analysis 

of Federal efforts to restore salmon and steelhead listed 


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under the Endangered Species Act of 1973, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Salmon Solutions and 

5 Planning Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds and declares the fol8 lowing: 

9 (1) Thirteen salmon and steelhead species in 

10 the Columbia and Snake River Basin are listed for 

11 protection under the Endangered Species Act of 

12 1973 (16 U.S.C. 1531 et seq.) as a consequence of 

13 various factors, including the construction and oper14 ation of hydroelectric projects, harvest management 

15 practices, habitat degradation, altered in-stream flow 

16 regimes, and unsound hatchery practices. 

17 (2) The original range of Snake River salmon 

18 included not only their existing habitat, but also 

19 habitat in the upper Columbia River and the upper 

20 Snake River Basins, including southern Idaho, 

21 southeast Oregon, and northern Nevada. 

22 (3) Since the construction of 4 Federal dams on 

23 the lower Snake River in Washington, all salmon 

24 and steelhead populations in the Snake River are eiVerDate Mar 15 2010 03:02 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4097.IH H4097

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1 ther already extinct or listed as an endangered or 

2 threatened species under the Endangered Species 

3 Act of 1973. 

4 (4) Without action, climate change and rising 

5 water temperatures will continue to have detrimental 

6 effects on many North American coldwater fish spe7 cies, including salmon and steelhead populations. 

8 Due to their high-elevation spawning grounds, Snake 

9 River salmon are key to maintaining and rebuilding 

10 those salmon populations threatened by rising water 

11 temperatures throughout the Columbia River Basin. 

12 (5) Salmon and steelhead populations have 

13 major economic, ecological, educational, recreational, 

14 scientific, cultural, and spiritual significance to the 

15 Nation and its people. Even at their current de16 pressed population levels, these salmon and 

17 steelhead populations generate hundreds of millions 

18 of dollars in direct and indirect benefits for commu19 nities in Alaska, Washington, Oregon, Idaho, and 

20 California; restoring these populations is estimated 

21 to generate billions of dollars in additional revenue 

22 for these States. 

23 (6) The United States has signed treaties with 

24 Indian tribes in Washington, Oregon, Montana, and 

25 Idaho and with the Government of Canada, creating 


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1 legally enforceable treaty obligations to restore salm2 on populations to sustainable and harvestable levels. 

3 (7) The Federal Government, the Bonneville 

4 Power Administration, and United States ratepayers 

5 in the Pacific Northwest have spent more than 

6 $11,000,000,000 on salmon recovery efforts in the 

7 Columbia and Snake River Basin to date. 

8 (8) A federally funded group of State, tribal, 

9 Federal, and independent scientists found that re10 moving the 4 lower Snake River dams in Wash11 ington is the surest way to protect and recover these 

12 salmon and steelhead populations. Similar conclu13 sions have been reached by the Army Corps of Engi14 neers and the Department of Commerce. 

15 (9) Significant sediment buildup behind the 

16 Lower Granite Dam poses a flood risk to the city of 

17 Lewiston, Idaho. A study by the Army Corps of En18 gineers found that nearly $2,000,000,000 worth of 

19 buildings and infrastructure face a growing threat of 

20 major damage from levee breaching. The same 

21 Corps study estimates that the costs of river-dredg22 ing and levee-raising needed to protect this area 

23 could cost taxpayers hundreds of millions of dollars. 

24 (10) A Federal court has found that all 4 lower 

25 Snake River dams violate water quality standards 


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1 under the Federal Water Pollution Control Act (33 

2 U.S.C. 1251 et seq.). 

3 (11) The removal of the 4 lower Snake River 

4 dams would open up more than 100 miles of free5 flowing river ways to inland Northwest communities 

6 and provide needed resources for more effective and 

7 efficient freight transportation systems. 

8 (12) In the event the 4 lower Snake River dams 

9 are removed, their electricity generation, freight 

10 shipping, and water supply benefits must be replaced 

11 through other means in order to protect affected 

12 communities, farms, and the regional energy supply 

13 system; the dams’ energy benefits should be replaced 

14 with cost-effective, clean renewable sources that 

15 focus on energy efficiency and conservation. 

16 (13) Studies have found that the Northwest has 

17 ample additional existing and potential clean renew18 able energy sources to replace the renewable elec19 tricity produced by the 4 lower Snake River dams in 

20 an environmentally sound and cost effective manner. 

21 (14) By completing the planning and evaluation 

22 required under this Act, the Northwest and the Na23 tion will be better prepared to efficiently manage 

24 salmon recovery and ensure prompt implementation 

25 of Federal salmon recovery actions needed to protect 


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1 and restore wild Columbia and Snake River salmon 

2 and steelhead. 

3 (b) PURPOSES.—The purpose of this Act are— 

4 (1) to ensure the protection and recovery of 

5 wild Columbia and Snake River salmon and 

6 steelhead to self-sustaining, harvestable levels, while 

7 providing for reliable, reasonably priced, clean re8 newable energy in the Northwest, a reliable and af9 fordable freight transportation system, an economi10 cally sustainable salmon recovery program; and 

11 (2) to maximize the economic benefits of re12 moval of the 4 lower Snake River dams while miti13 gating for its impacts. 

14 SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RE15 COVERY ACTIONS. 

16 (a) IN GENERAL.—Not later than 30 days after the 

17 date of enactment of this Act, the Secretary of Commerce 

18 shall enter into an agreement with the National Academy 

19 of Sciences providing for a scientific analysis of Federal 

20 salmon recovery actions. 

21 (b) REVIEW OF SNAKE RIVER DAM REMOVAL AND

22 OTHER ACTIONS.—Pursuant to the agreement under sub23 section (a), the National Academy of Sciences shall review, 

24 at minimum— 


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1 (1) the impact, if any, that removal of the 4 

2 lower Snake River dams would have on recovery of 

3 salmon and steelhead populations; and 

4 (2) any additional actions that may be nec5 essary to achieve recovery of salmon and steelhead 

6 populations. 

7 (c) REPORT.—Pursuant to the agreement under sub8 section (a), the National Academy of Sciences shall sub9 mit, not later than 10 months after the date of enactment 

10 of this Act, a report on the results of the scientific analysis 

11 conducted under the agreement— 

12 (1) to the Secretary of the Army for consider13 ation in developing the updated feasibility study 

14 under section 8; 

15 (2) to the Secretaries of Commerce, Transpor16 tation, Energy, and the Interior and the Adminis17 trator of the Environmental Protection Agency; and 

18 (3) to Congress. 

19 SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVE20 MENTS. 

21 (a) IN GENERAL.—The Secretary of Transportation 

22 shall conduct a peer-reviewed study of the rail, highway, 

23 and Columbia River barge infrastructure improvements 

24 that would be necessary to ensure a cost-effective and effiVerDate Mar 15 2010 03:02 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4097.IH H4097

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1 cient transportation system for agricultural and other 

2 shippers who— 

3 (1) currently use barge transportation between 

4 Lewiston, Idaho, and the confluence of the Snake 

5 and Columbia Rivers; and 

6 (2) would be unable to do so if the 4 lower 

7 Snake River dams were removed. 

8 (b) REVIEW OF POTENTIAL COST INCREASES.—In 

9 carrying out subsection (a), the Secretary of Transpor10 tation shall review, at a minimum— 

11 (1) increases, if any, in shipping costs that 

12 would result if the 4 lower Snake River dams were 

13 removed; and 

14 (2) options for addressing any such increases so 

15 as to minimize the potential impact on shippers. 

16 (c) INPUT OF INTERESTED PARTIES.—In carrying 

17 out subsection (a), the Secretary of Transportation shall 

18 incorporate— 

19 (1) input and feedback from— 

20 (A) farmers and other shippers; 

21 (B) the Washington, Idaho, and Oregon 

22 State departments of transportation; and 

23 (C) other relevant stakeholders in the agri24 cultural, business, and public interest commu25 nities; and 


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1 (2) any suggestions or decisions arrived at 

2 through consensus deliberations of the same or simi3 lar participants. 

4 (d) REPORT.—Not later than 12 months after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall transmit a report on the results of the study— 

7 (1) to the Secretary of the Army for consider8 ation in developing the updated feasibility study 

9 under section 8; and 

10 (2) to Congress. 

11 SEC. 5. STUDY OF ENERGY REPLACEMENT. 

12 (a) IN GENERAL.—The Secretary of Energy, in con13 sultation with the Council on Environmental Quality, shall 

14 conduct a peer-reviewed study of the energy replacement 

15 options that exist to replace the power currently generated 

16 by the 4 lower Snake River dams in the event the dams 

17 are removed. 

18 (b) REVIEW OF POTENTIAL CLEAN RENEWABLE EN19 ERGY RESOURCES AND CERTAIN PROJECTS.—In carrying 

20 out subsection (a), the Secretary of Energy shall review— 

21 (1) existing, planned, and potential clean renew22 able energy resources; and 

23 (2) energy efficiency, energy conservation, and 

24 combined heat and power projects. 


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1 (c) REPORT.—Not later than 12 months after the 

2 date of enactment of this Act, the Secretary of Energy 

3 shall transmit a report on the results of the study— 

4 (1) to the Secretary of the Army for consider5 ation in developing the updated feasibility study 

6 under section 8; and 

7 (2) to Congress. 

8 SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVI9 TALIZATION. 

10 (a) IN GENERAL.—The Secretary of the Army, in 

11 consultation with relevant State and local governments 

12 and interested parties, shall conduct a study of— 

13 (1) the riverfront revitalization and restoration 

14 opportunities that would exist in the event of the re15 moval of the 4 lower Snake River dams; and 

16 (2) the costs that would be incurred to imple17 ment such revitalization and restoration measures. 

18 (b) RIVERFRONT REVITALIZATION.—In carrying out 

19 subsection (a), the Secretary of the Army shall focus on 

20 riverfront revitalization for Lewiston, Idaho, and 

21 Clarkston, Washington, but may include a review of other 

22 impacted communities along the 140 miles of the lower 

23 Snake River. 

24 (c) PEER REVIEW.—The study shall be subject to 

25 peer review generally in accordance with section 2034 of 


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1 the Water Resources Development Act of 2007 (33 U.S.C. 

2 2343) to determine the accuracy of the preferred engineer3 ing options and costs determined by the Secretary. 

4 (d) REPORT.—Not later than 12 months after the 

5 date of enactment of this Act, the Secretary shall transmit 

6 to Congress a report on the results of the study, including 

7 the Secretary’s determinations concerning engineering op8 tions and costs. 

9 SEC. 7. STUDY OF IRRIGATION PROTECTIONS. 

10 (a) IN GENERAL.—The Secretary of the Interior, act11 ing through the Bureau of Reclamation, shall conduct a 

12 peer-reviewed study of the options and costs regarding any 

13 modifications to affected irrigation systems, cooling sys14 tems, and private wells that would be needed if the 4 lower 

15 Snake River dams were removed. 

16 (b) REPORT.—Not later than 12 months after the 

17 date of enactment of this Act, the Secretary of the Interior 

18 shall transmit a report on the study— 

19 (1) to the Secretary of the Army for consider20 ation in developing the updated feasibility study 

21 under section 8; and 

22 (2) to Congress. 


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1 SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOV2 ERY. 

3 (a) DAM REMOVAL AUTHORIZATION.—Congress 

4 hereby determines that the Secretary of the Army may 

5 remove the 4 lower Snake River dams. 

6 (b) REVIEW AND UPDATE OF FEASIBILITY STUDY.— 

7 The Secretary of the Army, in consultation with the Sec8 retary of Commerce, the Secretary of the Interior, and the 

9 Administrator of the Environmental Protection Agency, 

10 shall re-evaluate and update the U.S. Army Corps of Engi11 neers’ Final Lower Snake River Juvenile Salmon Migra12 tion Feasibility Report/Environmental Impact Statement 

13 (February 2002) pursuant to new information. 

14 (c) CONSIDERATIONS.—The updated feasibility study 

15 shall— 

16 (1) take into consideration the results of the 

17 studies and analyses carried out under this Act; and 

18 (2) incorporate and address, at a minimum— 

19 (A) current and expected future climate 

20 change impacts on Columbia and Snake River 

21 salmon and steelhead populations and their 

22 habitat; 

23 (B) replacement of the 4 lower Snake 

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1 sources, including energy efficiency and con2 servation; 

3 (C) options for keeping currently irrigated 

4 acreage intact and under irrigation in a dam re5 moval scenario; 

6 (D) costs associated with Lower Granite 

7 Dam reservoir sediment/flood risk mitigation in 

8 a non-dam-removal scenario; 

9 (E) Passive Use Values associated with 

10 both dam removal and non-dam-removal sce11 narios; and 

12 (F) alternate methods for removing the 4 

13 lower Snake River dams in addition to the 

14 method analyzed in the 2002 environmental im15 pact statement, including full dam removal and 

16 removing or notching the dams’ concrete por17 tions. 

18 (d) COMPLETION; REPORT; PEER REVIEW.—The 

19 Secretary of the Army shall— 

20 (1) complete the re-evaluation and update and 

21 submit a report thereon to Congress within 24 

22 months after the date of enactment of this Act; 

23 (2) include in the report a determination of en24 gineering options and costs; and 


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1 (3) submit the results of the re-evaluation and 

2 update (including such determination of engineering 

3 options and costs) to peer review generally in ac4 cordance with section 2034 of the Water Resources 

5 Development Act of 2007 (33 U.S.C. 2343) to deter6 mine the accuracy of the preferred engineering op7 tions and costs. 

8 SEC. 9. DEFINITIONS. 

9 In this Act, the following definitions apply: 

10 (1) CLEAN RENEWABLE ENERGY RESOURCES.— 

11 The term ‘‘clean renewable energy resources’’ 

12 means— 

13 (A) incremental electricity produced as the 

14 result of efficiency improvements to existing hy15 droelectric generation projects, including in irri16 gation pipes and canals, where the additional 

17 generation in either case does not result in new 

18 water diversions or impoundments; 

19 (B) wind; 

20 (C) solar energy; 

21 (D) geothermal energy; 

22 (E) landfill gas; 

23 (F) wave, ocean, or tidal power; 

24 (G) gas from sewage treatment facilities; 


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1 (H) biomass energy (as defined in section 

2 932(a) of the Energy Policy Act of 2005 (42 

3 U.S.C. 16232(a))), excluding energy derived 

4 from— 

5 (i) pulping liquor from paper produc6 tion; or 

7 (ii) forest materials from old growth 

8 forests; or 

9 (I) any combination of the energy re10 sources described in this paragraph. 

11 (2) FEDERAL SALMON RECOVERY ACTIONS.— 

12 The term ‘‘Federal salmon recovery actions’’ means 

13 Federal actions required to protect, recover, and re14 store salmon and steelhead in the Columbia and 

15 Snake River basin that are listed under section 4(c) 

16 of the Endangered Species Act of 1973 (16 U.S.C. 

17 1533(c)). The term shall not be construed as just 

18 those actions needed to avoid jeopardy of these salm19 on and steelhead populations under the Endangered 

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

21 (3) 4 LOWER SNAKE RIVER DAMS.—The term 

22 ‘‘4 lower Snake River dams’’ means the following 

23 dams on the Snake River, Washington: 

24 (A) The Ice Harbor dam. 

25 (B) The Lower Monumental dam. 


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1 (C) The Little Goose dam. 

2 (D) The Lower Granite dam. 

3 (4) PEER-REVIEWED STUDY.—The term ‘‘peer4 reviewed study’’ means, unless otherwise specified, a 

5 study subject to peer review in accordance with the 

6 guidelines issued by the Director of the Office of 

7 Management and Budget under section 515 of the 

8 Treasury and General Government Appropriations 

9 Act, 2001 (as enacted into law by Public Law 106– 

10 554; 114 Stat. 2763A–153). 

11 (5) SALMON AND STEELHEAD POPULATIONS.— 

12 The term ‘‘salmon and steelhead populations’’ means 

13 the evolutionarily significant units of salmon and 

14 steelhead in the Columbia and Snake River basin 

15 that are listed under section 4(c) of the Endangered 

16 Species Act of 1973 (16 U.S.C. 1533(c)). 

Æ 


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