II

106TH CONGRESS

2D SESSION S. 2228

To require the Secretary of the Army to conduct studies and to carry out

ecosystem restoration and other protective measures within Puget Sound,

Washington, and adjacent waters, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 9, 2000

Mrs. MURRAY (for herself and Mr. GORTON) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To require the Secretary of the Army to conduct studies

and to carry out ecosystem restoration and other protective measures within Puget Sound, Washington, and adjacent waters, 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. PUGET SOUND ECOSYSTEM RESTORATION.

4 (a) IN GENERAL.—As soon as practicable after the

5 date of enactment of this Act, the Secretary of the Army

6 (in this section referred to as the ‘‘Secretary’’) shall con7 duct studies and carry out ecosystem restoration and other

8 protective measurers within Puget Sound, Washington,
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1 and adjacent waters and associated estuary and near2 shore habitat, including—

3 (1) the 17 watersheds that drain directly into

4 Puget Sound;

5 (2) Admiralty Inlet;

6 (3) Hood Canal;

7 (4) Rosario Strait; and

8 (5) the eastern portion of the Strait of Juan de

9 Fuca.

10 (b) IMPLEMENTATION.—

11 (1) IN GENERAL.—The Secretary shall use

12 funds made available to carry out this section to

13 carry out ecosystem restoration and other protective

14 measures (including environmental improvements re15 lated to facilities of the Corps of Engineers in exist16 ence on the date of enactment of this Act) deter17 mined by the Secretary to be feasible based on—

18 (A) the studies conducted under subsection

19 (a); or

20 (B) analyses conducted before such date of

21 enactment by non-Federal interests.

22 (2) CRITERIA AND PROCEDURES FOR REVIEW

23 AND APPROVAL.—In consultation with the Secretary

24 of Commerce and the Governor of the State of

25 Washington, the Secretary shall develop criteria and
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1 procedures consistent with the National Marine

2 Fisheries Service and State fish restoration goals

3 and objectives for reviewing and approving analyses

4 described in paragraph (1)(B) and the protective

5 measures proposed in those analyses. The Secretary

6 shall use prior studies and plans to identify project

7 needs and priorities wherever practicable.

8 (3) PRIORITIZATION OF PROJECTS.—In

9 prioritizing projects for implementation under this

10 subsection, the Secretary shall consult with public

11 and private entities active in watershed planning and

12 ecosystem restoration in Puget Sound watersheds,

13 including the Salmon Recovery Funding Board, the

14 Northwest Straits Commission, the Hood Canal Co15 ordinating Council, county watershed planning coun16 cils, and salmon enhancement groups, and shall give

17 full consideration to their priorities for projects.

18 (c) PUBLIC PARTICIPATION.—In developing and im19 plementing protective measures under subsections (a) and

20 (b), the Secretary shall provide for public review and com21 ment in accordance with applicable Federal law,

22 including—

23 (1) providing advance notice of public meetings;

24 (2) providing adequate opportunity for public

25 input and comment;
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1 (3) maintaining appropriate records; and

2 (4) compiling a record of the proceedings of

3 meetings.

4 (d) COMPLIANCE WITH APPLICABLE LAW.—In devel5 oping and implementing protective measures under sub6 sections (a) and (b), the Secretary shall comply with appli7 cable Federal law, including the National Environmental

8 Policy Act of 1969 (42 U.S.C. 4321 et seq.).

9 (e) COST SHARING.—

10 (1) IN GENERAL.—Studies and technical assist11 ance provided to determine the feasibility of protec12 tive measures under subsections (a) and (b) shall—

13 (A) be considered to be project costs; and

14 (B) be shared by non-Federal interests

15 during project implementation in accordance

16 with this subsection.

17 (2) NON-FEDERAL SHARE.—Subject to para18 graph (4), the non-Federal share of the cost of the

19 protective measures shall be 35 percent; except that

20 if a project would otherwise be eligible for cost-shar21 ing under section 1135 of the Water Resources De22 velopment Act of 1986 (33 U.S.C. 2294 note), the

23 non-Federal share of the cost of the protective meas24 ures for the project shall be 25 percent.
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1 (3) IN-KIND CONTRIBUTIONS.—Not more than

2 80 percent of the non-Federal share may be pro3 vided in the form of services, materials, supplies, or

4 other in-kind contributions necessary to carry out

5 the protective measures.

6 (4) FEDERAL SHARE.—The Federal share of

7 the cost of any single protective measure shall not

8 exceed $5,000,000.

9 (5) OPERATION AND MAINTENANCE.—The op10 eration and maintenance of the protective measures

11 shall be a non-Federal responsibility.

12 (6) TRIBAL COST-SHARING.—The Secretary

13 shall waive the first $200,000 in non-Federal cost

14 share for all studies and projects cosponsored by

15 federally recognized Indian tribes.

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to not to exceed

18 $125,000,000 to pay the Federal share of the cost of car19 rying out this section.

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