I 

111TH CONGRESS 

1ST SESSION H. R. 3503 

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 

JULY 31, 2009 

Mr. MCDERMOTT (for himself, Mr. PETRI, Mr. BLUMENAUER, Mr. GEORGE

MILLER of California, Mr. MARKEY of Massachusetts, Mr. MORAN of Virginia, Mr. CONYERS, Mr. GRIJALVA, Mrs. CAPPS, Mr. FARR, Mr. OLVER, 

Mr. STARK, Mr. SCHIFF, Mr. KENNEDY, Ms. DELAURO, Ms. LEE of 

California, Mr. NADLER of New York, Mr. HONDA, Mr. BERMAN, Ms. 

NORTON, Mr. WEXLER, Mr. PAYNE, Mr. KILDEE, Ms. ESHOO, and Mr. 

GORDON of Tennessee) 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, 


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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. 

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) Certain species of wild salmon and 

10 steelhead in the Columbia and Snake River Basin 

11 are on the brink of extinction as a consequence of 

12 various factors, including the construction and oper13 ation of hydroelectric projects, harvest management 

14 practices, habitat degradation, altered in-stream flow 

15 regimes, and unsound hatchery practices. 

16 (2) These salmon and steelhead have major eco17 nomic, ecological, educational, recreational, sci18 entific, cultural, and spiritual significance to the Na19 tion and its people. 

20 (3) Thirteen salmon and steelhead species in 

21 the Columbia and Snake River Basin are listed for 


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1 protection under the Endangered Species Act of 

2 1973 (16 U.S.C. 1531 et seq.). 

3 (4) The Federal Government, including Bonne4 ville Power Administration’s ratepayers in the Pa5 cific Northwest, has spent more than 

6 $8,000,000,000 on salmon recovery efforts in the 

7 Columbia and Snake River Basin to date. 

8 (5) Salmon and steelhead are symbols of the 

9 Pacific Northwest, support thousands of jobs in 

10 coastal and inland communities, and serve as an in11 dicator of the health of Northern California, Nevada, 

12 Alaska, and Pacific Northwest river ecosystems. 

13 (6) Salmon and steelhead of the Snake River 

14 are a vital economic resource to communities in 

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

16 Restoring Snake River salmon to healthy, self-sus17 taining, harvestable levels will have significant eco18 nomic benefits for these communities as well as com19 munities in Nevada where these fish once returned. 

20 (7) The original range of Snake River salmon 

21 included not only their existing habitat in central 

22 Idaho, northeast Oregon, southeast Washington, the 

23 mid- and lower Columbia River, and the coastal wa24 ters of Alaska, California, Oregon, and Washington, 

25 but also habitat in the upper Columbia River and 


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1 the upper Snake River Basin, including southern 

2 Idaho, southeast Oregon, and northern Nevada. 

3 (8) The United States Government has signed 

4 treaties with Indian tribes in Oregon, Washington, 

5 Montana, and Idaho and with the Government of 

6 Canada creating a legally enforceable trust responsi7 bility to restore salmon populations to sustainable, 

8 harvestable levels. 

9 (9) Since the construction of 4 Federal dams on 

10 the lower Snake River in Washington, salmon and 

11 steelhead populations in the Snake River have sig12 nificantly declined, and all salmon and steelhead 

13 populations in the Snake River are either already ex14 tinct or listed as endangered species or threatened 

15 species under the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.). 

17 (10) Recent studies indicate that the window of 

18 time to protect and restore Snake River salmon and 

19 steelhead is short, with scientists estimating that, if 

20 changes do not occur, several of the remaining 

21 Snake River salmon populations could be extinct 

22 within the next 20 years. 

23 (11) A federally funded group of State, tribal, 

24 Federal, and independent scientists found that re25 moving the 4 lower Snake River dams in WashVerDate Nov 24 2008 04:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3503.IH H3503

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1 ington is the surest way to protect and recover 

2 Snake River salmon and steelhead. Similar conclu3 sions have been reached in studies by the Army 

4 Corps of Engineers and the Department of Com5 merce. At the same time, it is well understood that 

6 removing these dams is not a ‘‘silver bullet’’ for the 

7 recovery of all salmon and steelhead populations in 

8 the Columbia and Snake River Basin and other ac9 tions are also necessary to further protect and re10 store these fish. 

11 (12) Removal of the 4 lower Snake River dams 

12 would affect electricity generation, freight shipping, 

13 and water supply systems, and these benefits must 

14 be replaced through other means in order to protect 

15 local communities, farms, and the regional energy 

16 supply system. 

17 (13) The 4 lower Snake River dams currently 

18 produce renewable electricity. Studies have found 

19 that the Northwest has ample additional existing 

20 and potential clean renewable energy sources to cost21 effectively replace the power produced by these dams 

22 in a manner that is compatible with broader efforts 

23 to reduce regional greenhouse gas emissions. 

24 (14) In the event that the 4 lower Snake River 

25 dams are removed, their energy benefits should be 


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1 replaced with cost-effective, clean renewable sources, 

2 as well as energy efficiency and conservation. 

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

4 dams would bring opportunities to inland Northwest 

5 communities by opening up 140 miles of free-flowing 

6 river, and providing needed resources for more effec7 tive and efficient freight transportation systems. 

8 (16) A Federal court has found that the 4 

9 lower Snake River dams violate water quality stand10 ards under the Federal Water Pollution Control Act 

11 (33 U.S.C. 1251 et seq.). 

12 (17) A significant amount of sediment has built 

13 up behind Lower Granite Dam, posing a flood risk 

14 to the city of Lewiston, Idaho, which now sits below 

15 the height of the lower Snake River. A study by the 

16 Army Corps of Engineers found that nearly 

17 $2,000,000,000 worth of buildings and infrastruc18 ture sit in the Clarkston/Lewiston area floodplain 

19 where they face a growing threat of major damage 

20 from levee breaching. The same Corps study esti21 mates that the costs of river-dredging and levee-rais22 ing needed to protect these areas could cost tax23 payers hundreds of millions of dollars. 

24 (18) Global warming is already having and will 

25 continue to have detrimental effects on Pacific salmVerDate Nov 24 2008 04:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3503.IH H3503

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1 on populations. Snake River salmon may be key to 

2 maintaining and rebuilding salmon populations 

3 throughout the Columbia and Snake River Basin, as 

4 their high-elevation spawning grounds are the most 

5 likely to remain viable in the face of warming tem6 peratures; thus, taking action now to protect these 

7 salmon is vitally important. 

8 (19) The Northwest Power and Conservation 

9 Council commissioned a report in 2000 that con10 cluded that removing the 4 lower Snake River dams 

11 is a more cost-effective way to restore wild salmon 

12 and steelhead populations to the Columbia and 

13 Snake River Basin than strategies that do not in14 clude dam removal. 

15 (20) Three of the last four biological opinions 

16 regarding the Columbia and Snake River Federal 

17 hydrosystem have been found illegal by Federal 

18 courts. 

19 (b) PURPOSES.—The purposes of this Act are— 

20 (1) to ensure the protection and recovery of 

21 wild Columbia and Snake River salmon and 

22 steelhead to self-sustaining, harvestable levels, while 

23 providing for reliable, reasonably priced, and clean 

24 renewable energy in the Northwest, a reliable and 

25 affordable freight transportation system, and an ecoVerDate Nov 24 2008 04:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3503.IH H3503

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1 nomically sustainable salmon recovery program, and 

2 to maximize the economic benefits from potential 

3 dam removal while mitigating for its impacts; and 

4 (2) to ensure that the Northwest and the Na5 tion have completed the necessary planning and eval6 uation to efficiently manage salmon recovery by im7 plementing biologically effective measures and re8 sponding rapidly if and when major new actions are 

9 determined to be necessary to protect and recover 

10 salmon and steelhead in the Columbia and Snake 

11 River Basin. 

12 SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RE13 COVERY EFFORTS. 

14 (a) IN GENERAL.—Not later than 3 months after the 

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

16 shall enter into an arrangement with the National Acad17 emy of Sciences providing for scientific analysis of Federal 

18 salmon recovery efforts and submission of a report on the 

19 results of the analysis in accordance with subsection (c). 

20 (b) CONTENTS.—For purposes of this section, sci21 entific analysis shall include, at a minimum, a review of 

22 Snake River dam removal and other actions that may be 

23 necessary to achieve recovery of salmon and steelhead pop24 ulations of the Columbia and Snake River Basin listed 


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1 under section 4(c) of the Endangered Species Act of 1973 

2 (16 U.S.C. 1533(c)). 

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

4 date of enactment of this Act, the National Academy of 

5 Sciences shall submit to the Secretary of Commerce, the 

6 Secretary of the Army, the Secretary of the Interior, the 

7 Administrator of the Environmental Protection Agency, 

8 and to Congress a report on the results of the scientific 

9 analysis conducted under this section. 

10 SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVE11 MENTS. 

12 The Secretary of Transportation shall conduct a 

13 peer-reviewed analysis of which rail, highway, and Colum14 bia River barge infrastructure improvements would be nec15 essary to ensure a cost-effective and efficient transpor16 tation system for agricultural and other shippers who cur17 rently use barge transportation between Lewiston, Idaho, 

18 and the confluence of the Snake and Columbia Rivers and 

19 would be unable to do so if the 4 lower Snake River dams 

20 were removed. This analysis shall include a review of cost 

21 increases, if any, of shipping rates and options for ad22 dressing any such cost increases so as to minimize the po23 tential impact on shippers. This analysis shall incorporate 

24 input and feedback from farmers and other shippers, the 

25 Washington, Idaho, and Oregon State Departments of 


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1 Transportation, and other relevant stakeholders in the ag2 ricultural, business, and public interest communities, and 

3 any suggestions or decisions arrived at through consensus 

4 deliberations of the same or similar participants. This 

5 analysis shall be completed and a report thereon submitted 

6 to Congress within 12 months after the date of the enact7 ment of this Act. 

8 SEC. 5. STUDY OF ENERGY REPLACEMENT. 

9 The Secretary of Energy, in consultation with the 

10 White House Office of Energy and Climate Change, shall 

11 conduct a peer-reviewed analysis of what energy replace12 ment options exist to replace the power currently gen13 erated by the 4 lower Snake River dams in the event the 

14 dams are removed. The analysis shall include a review of 

15 existing, planned, and potential clean renewable energy re16 sources, in addition to energy efficiency, energy conserva17 tion, and combined heat and power projects. This analysis 

18 shall be completed and a report thereon submitted to Con19 gress within 12 months after the date of enactment of this 

20 Act. 

21 SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVI22 TALIZATION. 

23 The Army Corps of Engineers, in consultation with 

24 relevant State and local governments and interested par25 ties, shall conduct an analysis of what riverfront revitalizaVerDate Nov 24 2008 04:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3503.IH H3503

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1 tion and restoration opportunities would exist in the event 

2 of the removal of the 4 lower Snake River dams and what 

3 costs would be incurred to implement such revitalization 

4 and restoration measures. This work shall focus on river5 front revitalization for Lewiston, Idaho, and Clarkston, 

6 Washington, but may include other impacted communities 

7 along the 140 miles of the lower Snake River. This anal8 ysis shall be completed and a report thereon submitted to 

9 Congress within 12 months after the date of the enact10 ment of this Act, shall include determination of engineer11 ing options and costs, and shall be peer-reviewed generally 

12 in accordance with section 2034 of Public Law 110–114 

13 to determine the accuracy of the preferred engineering op14 tions and costs determined by the Army Corps of Engi15 neers. 

16 SEC. 7. STUDY OF IRRIGATION PROTECTIONS. 

17 The Secretary of the Interior, acting through the Bu18 reau of Reclamation, shall conduct a peer-reviewed anal19 ysis of the options and costs regarding any needed modi20 fications to affected irrigation systems, cooling systems, 

21 and private wells if the 4 lower Snake River dams were 

22 removed. This analysis shall be completed and a report 

23 thereon submitted to Congress within 12 months after the 

24 date of the enactment of this Act. 


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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 four lower Snake River dams. 

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

7 The Secretary of the Army shall re-evaluate and update 

8 the U.S. Army Corps of Engineers’ Final Lower Snake 

9 River Juvenile Salmon Migration Feasibility Report/Envi10 ronmental Impact Statement (February 2002) pursuant 

11 to new information. The updated feasibility study shall in12 corporate and address, at a minimum, the following: 

13 (1) Current and expected future climate change 

14 impacts on Columbia and Snake River salmon and 

15 steelhead populations and their habitat. 

16 (2) Replacement of the 4 lower Snake River 

17 dams’ average energy output (not nameplate capac18 ity) with clean renewable energy resources, including 

19 energy efficiency and conservation. 

20 (3) Options for keeping currently irrigated acre21 age intact and under irrigation in a dam removal 

22 scenario. 

23 (4) Costs associated with Lower Granite Dam 

24 reservoir sediment/flood risk mitigation in a non25 dam-removal scenario. 


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1 (5) Passive Use Values associated with both 

2 dam removal and non-dam-removal scenarios. 

3 (6) Alternate methods for removing the 4 lower 

4 Snake River dams in addition to the method ana5 lyzed in the 2002 environmental impact statement, 

6 including but not limited to full dam removal and re7 moving or notching the dams’ concrete portions. 

8 (c) COMPLETION; REPORT; PEER REVIEW.—The 

9 Secretary of the Army shall— 

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

11 submit a report thereon to Congress within 20 

12 months after the date of enactment of this Act; 

13 (2) include in the report determination of engi14 neering options and costs; and 

15 (3) shall submit the results of the re-evaluation 

16 and update (including such determination of engi17 neering options and costs) to peer review generally 

18 in accordance with section 2034 of Public Law 110– 

19 114 to determine the accuracy of the preferred engi20 neering options and costs. 

21 SEC. 9. DEFINITIONS. 

22 In this Act, the following definitions apply: 

23 (1) CLEAN RENEWABLE ENERGY RESOURCES.— 

24 For the purposes of this bill the term ‘‘clean renew25 able energy resources’’ means— 


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1 (A) incremental electricity produced as the 

2 result of efficiency improvements to existing hy3 droelectric generation projects, including in irri4 gation pipes and canals, where the additional 

5 generation in either case does not result in new 

6 water diversions or impoundments; 

7 (B) wind; 

8 (C) solar energy; 

9 (D) geothermal energy; 

10 (E) landfill gas; 

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

12 (G) gas from sewage treatment facilities; 

13 and 

14 (H) biomass energy based on animal 

15 waste, food waste, yard waste, or solid organic 

16 fuels from wood, forest, or field residues, or 

17 dedicated energy crops, other than— 

18 (i) wood pieces that have been treated 

19 with chemical preservatives such as creo20 sote, pentachlorophenol, or copper-chrome21 arsenic; 

22 (ii) pulping liquor from paper produc23 tion; 

24 (iii) wood from old growth forests; or 

25 (iv) municipal solid waste. 


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1 (2) FEDERAL SALMON RECOVERY ACTIONS.— 

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

3 Federal actions required to protect, recover, and re4 store salmon and steelhead in the Columbia and 

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

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

7 1533(c)). 

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

9 lower Snake River dams’’ means the following dams 

10 on the Snake River, Washington: 

11 (A) The Ice Harbor dam. 

12 (B) The Lower Monumental dam. 

13 (C) The Little Goose dam. 

14 (D) The Lower Granite dam. 

15 (4) PEER REVIEW.—The term ‘‘peer review’’ 

16 has the meaning that term has in section 2034 of 

17 Public Law 110–114. 

18 (5) POPULATIONS.—The term ‘‘populations’’ 

19 means the 13 evolutionarily significant units of 

20 salmon and steelhead in the Columbia and Snake 

21 River basin that are listed under section 4(c) of the 

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

23 1533(c)). 

Æ 


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