107TH CONGRESS

1ST SESSION H. R. 1157

AN ACT

To authorize the Secretary of Commerce to provide

financial assistance to the States of Alaska,Washington, Oregon, California, and Idaho forsalmon habitat restoration projects in coastal waters and upland drainages, and for other purposes.

107TH CONGRESS

1ST SESSION H. R. 1157

AN ACT

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pacific Salmon Recov5 ery Act’’.

6 SEC. 2. SALMON CONSERVATION AND SALMON HABITAT

7 RESTORATION ASSISTANCE.

8 (a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub9 ject to the availability of appropriations, the Secretary of

10 Commerce shall provide financial assistance in accordance

11 with this Act to qualified States and qualified tribal gov12 ernments for salmon conservation and salmon habitat res13 toration activities.

14 (b) ALLOCATION.—Of the amounts available to pro15 vide assistance under this section each fiscal year (after

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

17 (1) shall allocate 85 percent among qualified

18 States, in equal amounts; and

19 (2) shall allocate 15 percent among qualified

20 tribal governments, in amounts determined by the

21 Secretary.

22 (c) TRANSFER.—

23 (1) IN GENERAL.—The Secretary shall prompt24 ly transfer—
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1 (A) to a qualified State that has submitted

2 a Conservation and Restoration Plan under sec3 tion 3(a) amounts allocated to the qualified

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

5 unless the Secretary determines, within 30 days

6 after the submittal of the plan to the Secretary,

7 that the plan is inconsistent with the require8 ments of this Act; and

9 (B) to a qualified tribal government that

10 has entered into a memorandum of under11 standing with the Secretary under section 3(b)

12 amounts allocated to the qualified tribal govern13 ment under subsection (b)(2) of this section.

14 (2) TRANSFERS TO QUALIFIED STATES.—The

15 Secretary shall make the transfer under paragraph

16 (1)(A)—

17 (A) to the Washington State Salmon Re18 covery Board, in the case of amounts allocated

19 to Washington;

20 (B) to the Oregon State Watershed En21 hancement Board, in the case of amounts allo22 cated to Oregon;

23 (C) to the California Department of Fish

24 and Game for the California Coastal Salmon
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1 Recovery Program, in the case of amounts allo2 cated to California;

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

4 of amounts allocated to Alaska; and

5 (E) to the Office of Species Conservation,

6 in the case of amounts allocated to Idaho.

7 (d) REALLOCATION.—

8 (1) AMOUNTS ALLOCATED TO QUALIFIED

9 STATES.—Amounts that are allocated to a qualified

10 State for a fiscal year shall be reallocated under sub11 section (b)(1) among the other qualified States, if—

12 (A) the qualified State has not submitted

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

14 end of the fiscal year; or

15 (B) the amounts remain unobligated at the

16 end of the subsequent fiscal year.

17 (2) AMOUNTS ALLOCATED TO QUALIFIED TRIB18 AL GOVERNMENTS.—Amounts that are allocated to a

19 qualified tribal government for a fiscal year shall be

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

21 qualified tribal governments, if the qualified tribal

22 government has not entered into a memorandum of

23 understanding with the Secretary in accordance with

24 section 3(b) as of the end of the fiscal year.
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1 SEC. 3. RECEIPT AND USE OF ASSISTANCE.

2 (a) QUALIFIED STATE SALMON CONSERVATION AND

3 RESTORATION PLAN.—

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

5 this Act, a qualified State shall develop and submit

6 to the Secretary a Salmon Conservation and Salmon

7 Habitat Restoration Plan.

8 (2) CONTENTS.—Each Salmon Conservation

9 and Salmon Restoration Plan shall, at a minimum—

10 (A) be consistent with other applicable

11 Federal laws;

12 (B) be consistent with the goal of salmon

13 recovery;

14 (C) except as provided in subparagraph

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

16 section for projects that—

17 (i) provide a direct and demonstrable

18 benefit to salmon or their habitat;

19 (ii) provide the greatest benefit to

20 salmon conservation and salmon habitat

21 restoration relative to the cost of the

22 projects; and

23 (iii) conserve, and restore habitat,

24 for—

25 (I) salmon that are listed as en26 dangered species or threatened spe-
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1 cies, proposed for such listing, or can2 didates for such listing, under the En3 dangered Species Act of 1973 (16

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

5 (II) salmon that are given special

6 protection under the laws or regula7 tions of the qualified State;

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

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

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

11 a salmon species referred to in subparagraph

12 (C)(iii)(I) spawns—

13 (i) give priority to use of assistance

14 for projects referred to in subparagraph

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

16 programs to conserve and enhance species

17 of salmon that intermingle with, or are

18 otherwise related to, species referred to in

19 subparagraph (C)(iii)(I), which may in20 clude (among other matters)—

21 (I) salmon-related research, data

22 collection, and monitoring;

23 (II) salmon supplementation and

24 enhancement;

25 (III) salmon habitat restoration;
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1 (IV) increasing economic oppor2 tunities for salmon fishermen; and

3 (V) national and international co4 operative habitat programs; and

5 (ii) provide for revision of the plan

6 within one year after any date on which

7 any salmon species that spawns in the

8 qualified State is listed as an endangered

9 species or threatened species, proposed for

10 such listing, or a candidate for such list11 ing, under the Endangered Species Act of

12 1973 (16 U.S.C. 1531 et seq.);

13 (E) establish specific goals and timelines

14 for activities funded with such assistance;

15 (F) include measurable criteria by which

16 such activities may be evaluated;

17 (G) require that activities carried out with

18 such assistance shall—

19 (i) be scientifically based;

20 (ii) be cost effective;

21 (iii) not be conducted on private land

22 except with the consent of the owner of the

23 land; and

24 (iv) contribute to the conservation and

25 recovery of salmon;
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1 (H) require that the qualified State main2 tain its aggregate expenditures of funds from

3 non-Federal sources for salmon habitat restora4 tion programs at or above the average level of

5 such expenditures in the 2 fiscal years pre6 ceding the date of the enactment of this Act;

7 and

8 (I) ensure that activities funded under this

9 Act are conducted in a manner in which, and

10 in areas where, the State has determined that

11 they will have long-term benefits.

12 (3) SOLICITATION OF COMMENTS.—In pre13 paring a plan under this subsection a qualified State

14 shall seek comments on the plan from local govern15 ments in the qualified State.

16 (b) TRIBAL MOU WITH SECRETARY.—

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

18 this Act, a qualified tribal government shall enter

19 into a memorandum of understanding with the Sec20 retary regarding use of the assistance.

21 (2) CONTENTS.—Each memorandum of under22 standing shall, at a minimum—

23 (A) be consistent with other applicable

24 Federal laws;
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1 (B) be consistent with the goal of salmon

2 recovery;

3 (C) give priority to use of assistance under

4 this Act for activities that—

5 (i) provide a direct and demonstrable

6 benefit to salmon or their habitat;

7 (ii) provide the greatest benefit to

8 salmon conservation and salmon habitat

9 restoration relative to the cost of the

10 projects; and

11 (iii) conserve, and restore habitat,

12 for—

13 (I) salmon that are listed as en14 dangered species or threatened spe15 cies, proposed for such listing, or can16 didates for such listing, under the En17 dangered Species Act of 1973 (16

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

19 (II) salmon that are given special

20 protection under the ordinances or

21 regulations of the qualified tribal gov22 ernment;

23 (D) in the case of a memorandum of un24 derstanding entered into by a qualified tribal

25 government for an area in which, as of the date
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1 of the enactment of this Act, there is no area

2 at which a salmon species that is referred to in

3 subparagraph (C)(iii)(I) spawns—

4 (i) give priority to use of assistance

5 for projects referred to in subparagraph

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

7 programs described in subsection

8 (a)(2)(D)(i);

9 (ii) include a requirement that the

10 memorandum shall be revised within 1

11 year after any date on which any salmon

12 species that spawns in the area is listed as

13 an endangered species or threatened spe14 cies, proposed for such listing, or a can15 didate for such listing, under the Endan16 gered Species Act of 1973 (16 U.S.C.

17 1531 et seq.);

18 (E) establish specific goals and timelines

19 for activities funded with such assistance;

20 (F) include measurable criteria by which

21 such activities may be evaluated;

22 (G) establish specific requirements for re23 porting to the Secretary by the qualified tribal

24 government;
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1 (H) require that activities carried out with

2 such assistance shall—

3 (i) be scientifically based;

4 (ii) be cost effective;

5 (iii) not be conducted on private land

6 except with the consent of the owner of the

7 land; and

8 (iv) contribute to the conservation or

9 recovery of salmon; and

10 (I) require that the qualified tribal govern11 ment maintain its aggregate expenditures of

12 funds from non-Federal sources for salmon

13 habitat restoration programs at or above the

14 average level of such expenditures in the 2 fis15 cal years preceding the date of the enactment

16 of this Act.

17 (c) ELIGIBLE ACTIVITIES.—

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

19 may be used by a qualified State in accordance with

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

21 or by a qualified tribal government in accordance

22 with a memorandum of understanding entered into

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

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

25 the following:
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1 (A) Watershed evaluation, assessment, and

2 planning necessary to develop a site-specific and

3 clearly prioritized plan to implement watershed

4 improvements, including for making multi-year

5 grants.

6 (B) Salmon-related research, data collec7 tion, and monitoring, salmon supplementation

8 and enhancement, and salmon habitat restora9 tion.

10 (C) Maintenance and monitoring of

11 projects completed with such assistance.

12 (D) Technical training and education

13 projects, including teaching private landowners

14 about practical means of improving land and

15 water management practices to contribute to

16 the conservation and restoration of salmon

17 habitat.

18 (E) Other activities related to salmon con19 servation and salmon habitat restoration.

20 (2) USE FOR LOCAL AND REGIONAL

21 PROJECTS.—Funds allocated to qualified States

22 under this Act shall be used for local and regional

23 projects.

24 (d) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE

25 OF JURISDICTION OF RECIPIENT.—Assistance under this
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1 section provided to a qualified State or qualified tribal

2 government may be used for activities conducted outside

3 the areas under its jurisdiction if the activity will provide

4 conservation benefits to naturally produced salmon in

5 streams of concern to the qualified State or qualified tribal

6 government, respectively.

7 (e) COST SHARING BY QUALIFIED STATES.—

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

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

10 assistance provided to the qualified State for a fiscal

11 year under this Act, in the form of monetary con12 tributions or in-kind contributions of services for

13 projects carried out with such assistance. For pur14 poses of this paragraph, monetary contributions by

15 the State shall not be considered to include funds re16 ceived from other Federal sources.

17 (2) LIMITATION ON REQUIRING MATCHING FOR

18 EACH PROJECT.—The Secretary may not require a

19 qualified State to provide matching funds for each

20 project carried out with assistance under this Act.

21 (3) TREATMENT OF MONETARY CONTRIBU22 TIONS.—For purposes of subsection (a)(2)(H), the

23 amount of monetary contributions by a qualified

24 State under this subsection shall be treated as ex-
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1 penditures from non-Federal sources for salmon con2 servation and salmon habitat restoration programs.

3 (f) COORDINATION OF ACTIVITIES.—

4 (1) IN GENERAL.—Each qualified State and

5 each qualified tribal government receiving assistance

6 under this Act is encouraged to carefully coordinate

7 salmon conservation activities of its agencies to

8 eliminate duplicative and overlapping activities.

9 (2) CONSULTATION.—Each qualified State and

10 qualified tribal government receiving assistance

11 under this Act shall consult with the Secretary to

12 ensure there is no duplication in projects funded

13 under this Act.

14 (g) LIMITATION ON ADMINISTRATIVE EXPENSES.—

15 (1) FEDERAL ADMINISTRATIVE EXPENSES.—Of

16 the amount made available under this Act each fiscal

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

18 Secretary for administrative expenses incurred in

19 carrying out this Act.

20 (2) STATE AND TRIBAL ADMINISTRATIVE EX21 PENSES.—Of the amount allocated under this Act to

22 a qualified State or qualified tribal government each

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

24 the qualified State or qualified tribal government,
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1 respectively, for administrative expenses incurred in

2 carrying out this Act.

3 SEC. 4. PUBLIC PARTICIPATION.

4 (a) QUALIFIED STATE GOVERNMENTS.—Each quali5 fied State seeking assistance under this Act shall establish

6 a citizens advisory committee or provide another similar

7 forum for local governments and the public to participate

8 in obtaining and using the assistance.

9 (b) QUALIFIED TRIBAL GOVERNMENTS.—Each

10 qualified tribal government receiving assistance under this

11 Act shall hold public meetings to receive recommendations

12 on the use of the assistance.

13 SEC. 5. CONSULTATION NOT REQUIRED.

14 Consultation under section 7 of the Endangered Spe15 cies Act of 1973 (16 U.S.C. 1531 et seq.) shall not be

16 required based solely on the provision of financial assist17 ance under this Act.

18 SEC. 6. REPORTS.

19 (a) QUALIFIED STATES.—Each qualified State shall,

20 by not later than December 31 of each year, submit to

21 the Committee on Commerce, Science, and Transportation

22 of the Senate and the Committee on Resources of the

23 House of Representatives an annual report on the use of

24 financial assistance received by the qualified State under

25 this Act. The report shall contain an evaluation of the suc-
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1 cess of this Act in meeting the criteria listed in section

2 3(a)(2).

3 (b) SECRETARY.—

4 (1) ANNUAL REPORT REGARDING QUALIFIED

5 TRIBAL GOVERNMENTS.—The Secretary shall, by not

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

7 Committee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on Re9 sources of the House of Representatives an annual

10 report on the use of financial assistance received by

11 qualified tribal governments under this Act. The re12 port shall contain an evaluation of the success of

13 this Act in meeting the criteria listed in section

14 3(b)(2).

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

16 by not later than December 31 of the second year

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

18 and of every second year thereafter, submit to the

19 Committee on Commerce, Science, and Transpor20 tation of the Senate and the Committee on Re21 sources of the House of Representatives a biannual

22 report on the use of funds allocated to qualified

23 States under this Act. The report shall review pro24 grams funded by the States and evaluate the success
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1 of this Act in meeting the criteria listed in section

2 3(a)(2).

3 SEC. 7. DEFINITIONS.

4 In this Act:

5 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

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

7 the Indian Self-Determination and Education Assist8 ance Act (25 U.S.C. 450b(e)).

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

10 State’’ means each of the States of Alaska, Wash11 ington, Oregon, California, and Idaho.

12 (3) QUALIFIED TRIBAL GOVERNMENT.—The

13 term ‘‘qualified tribal government’’ means—

14 (A) a tribal government of an Indian tribe

15 in Washington, Oregon, California, or Idaho

16 that the Secretary of Commerce, in consultation

17 with the Secretary of the Interior, determines—

18 (i) is involved in salmon management

19 and recovery activities under the Endan20 gered Species Act of 1973 (16 U.S.C.

21 1531 et seq.); and

22 (ii) has the management and organi23 zational capability to maximize the benefits

24 of assistance provided under this Act; and
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1 (B) a village corporation as defined in or

2 established pursuant to the Alaska Native

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

4 that the Secretary of Commerce, in consultation

5 with the Secretary of the Interior, determines—

6 (i) is involved in salmon conservation

7 and management; and

8 (ii) has the management and organi9 zational capability to maximize the benefits

10 of assistance provided under this Act.

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

12 naturally produced salmon or naturally produced

13 trout of the following species:

14 (A) Coho salmon (oncorhynchus kisutch).

15 (B) Chinook salmon (oncorhynchus

16 tshawytscha).

17 (C) Chum salmon (oncorhynchus keta).

18 (D) Pink salmon (oncorhynchus

19 gorbuscha).

20 (E) Sockeye salmon (oncorhynchus nerka).

21 (F) Steelhead trout (oncorhynchus

22 mykiss).

23 (G) Sea-run cutthroat trout (oncorhynchus

24 clarki clarki).
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1 (H) For purposes of application of this Act

2 in Oregon—

3 (i) Lahontan cutthroat trout

4 (oncorhnychus clarki henshawi); and

5 (ii) Bull trout (salvelinus confluentus).

6 (I) For purposes of application of this Act

7 in Washington and Idaho, Bull trout (salvelinus

8 confluentus).

9 (5) SECRETARY.—The term Secretary means

10 the Secretary of Commerce.

11 SEC. 8. REPORT REGARDING TREATMENT OF INTER12 NATIONAL FISHERY COMMISSION PEN13 SIONERS.

14 The President shall—

15 (1) determine the number of United States citi16 zens who—

17 (A) served as employees of the Inter18 national Pacific Salmon Fisheries Commission

19 or the International North Pacific Fisheries

20 Commission; and

21 (B) worked in Canada in the course of em22 ployment with that commission;

23 (2) calculate for each such employee the dif24 ference between—
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1 (A) the value, in United States currency,

2 of the annuity payments made and to be made

3 (determined by an actuarial valuation) by or on

4 behalf of each such commission to the em5 ployee; and

6 (B) the value, in Canadian currency, of

7 such annuity payments; and

8 (3) by not later than September 1, 2001, sub9 mit to the Committee on Resources of the House of

10 Representatives and the Committee on Commerce,

11 Science and Transportation of the Senate a report

12 on the determinations and calculations made under

13 paragraphs (1) and (2).

14 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated

16 $200,000,000 for each of the fiscal years 2002, 2003, and

17 2004 to carry out this Act. Funds appropriated under this

18 section may remain until expended.

19 SEC. 10. SENSE OF CONGRESS; REQUIREMENT REGARDING

20 NOTICE.

21 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

22 AND PRODUCTS.—In the case of any equipment or prod23 ucts that may be authorized to be purchased with financial

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

25 Congress that entities receiving such assistance should, in
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1 expending the assistance, purchase only equipment and

2 products made in the United States.

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

4 providing financial assistance under this Act, the Sec5 retary shall provide to each recipient of the assistance a

6 notice describing the statement made in subsection (a) by

7 the Congress.

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

9 this Act shall report any expenditures of such funds on

10 items made outside of the United States to the Congress

11 within 180 days of the expenditure.

12 SEC. 11. SENSE OF THE CONGRESS REGARDING BIPAR13 TISAN JULY 2000 GOALS.

14 It is the sense of the Congress that the Congress sup15 ports the bipartisan July 2000 goals, objectives, and rec16 ommendations of the Governors of Idaho, Montana, Or17 egon and Washington to protect and restore salmon and

18 other aquatic species to sustainable and harvestable levels

19 while meeting the requirements of the Endangered Species

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

21 Electric Power Planning and Conservation Act, tribal

22 treaty rights, and executive orders and while taking into

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

24 California, Idaho, Montana, Oregon, and Washington.
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1 SEC. 12. REPORT ON EFFECTS ON PACIFIC SALMON

2 STOCKS OF CERTAIN TIMBER HARVESTING

3 IN CANADA.

4 The Secretary, in conjunction with other Federal

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

6 report to the Congress to the best of the ability of the

7 Secretary regarding the effects on Pacific Salmon stocks

8 of timber harvesting on publicly owned lands in British

9 Columbia.

Passed the House of Representatives June 13, 2001.

Attest:

Clerk.