Act of 1973, pertaining to the impacts of Columbia River
basin Federal dams on salmon and steelhead listed under
the Endangered Species Act of 1973, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Salmon Planning Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds and declares that—
(1) certain species of salmon and steelhead in
the Columbia and Snake River basin are on the
brink of extinction as a consequence of various fac-
tors, including hydroelectric projects, harvest man-
agement practices, habitat degradation, altered in-
stream flow, and unsound hatchery practices;
(2) these salmon and steelhead have major eco-
nomic, ecological, educational, recreational, sci-
entific, cultural, and spiritual significance to the Na-
tion and its people;
(3) salmon and steelhead are a symbol of the
Northwest, support thousands of jobs in coastal and
inland communities, and serve as an indicator of the
health of Northwest river ecosystems;
(4) the United States Government has signed
treaties with Indian tribes of Oregon, Washington,
and Idaho and with the Government of Canada cre-
ating a legally enforceable trust responsibility to re-
store salmon populations to sustainable, harvestable
levels;
(5) since the construction of 4 Federal dams on
the lower Snake River in Washington, salmon and
steelhead populations in the Snake River have plum-
meted, and all salmon and steelhead in the Snake
River are extinct or listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(6) recent studies indicate that the time to pro-
tect remaining Snake River salmon and steelhead is
short, with scientists estimating that, if changes do
not occur, remaining Snake River salmon will be ex-
tinct in our lifetime;
(7) salmon and steelhead extinction could cost
taxpayers billions of dollars;
(8) a federally funded group of State, tribal,
Federal, and independent scientists found that par-
tially removing the 4 lower Snake River dams in
Washington is the surest way to protect and recover
Snake River salmon and steelhead;
(9) several communities that rely on the 4 lower
Snake River dams would be affected by partial dam
removal;
(10) a Federal court has found that the 4 lower
Snake River dams violate water quality standards
under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(11) energy production in the Northwest is
heavily dependent upon hydropower and thus, the
prospects for salmon recovery and Northwest energy
production are inextricably linked.
(b) PURPOSES.—The purposes of this Act are—
(1) to ensure the protection of Columbia and
Snake River salmon and steelhead while providing
for reliable, reasonably priced energy in the North-
west, an economically sustainable salmon recovery
program, and effective mitigation of potential eco-
nomic impacts to communities from potential dam
removal; and
(2) to ensure that the Northwest and the Na-
tion have completed the necessary planning and eval-
uation to respond rapidly if major new actions are
necessary to protect and recover salmon and
steelhead in the Columbia and Snake River basin.
SEC. 3. PEER REVIEW OF NMFS BIOLOGICAL OPINION.
(a) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act, the Secretary of Commerce
shall enter into an arrangement with the National Acad-
emy of Sciences providing for peer review of the NMFS
biological opinion and submission of a report on the re-
sults of the peer review in accordance with subsection (c).
(b) CONTENTS.—For purposes of this section, peer
review shall include, at a minimum, the following:
(1) Review of performance standards in the
NMFS biological opinion.
(2) Review of any recovery standards estab-
lished by the National Marine Fisheries Service pur-
suant to the NMFS biological opinion for each listed
salmon and steelhead population.
(3) Review of the effectiveness of the implemen-
tation plans required by the NMFS biological opin-
ion and the appropriateness of the timelines for im-
plementing such plans.
(4) Review of the NMFS biological opinion and
its analyses and conclusions and review of any fu-
ture analyses required by the NMFS biological opin-
ion.
(c) REPORT.—Not later than 12 months after the
date of enactment of this Act, the National Academy of
Sciences shall submit to the Secretary of Commerce, the
Secretary of the Army, the Secretary of the Interior, and
the Administrator of the Environmental Protection Agen-
cy a report on the results of the peer review conducted
under this section.
(d) DETERMINATION OF SUFFICIENCY.—Not later
than December 31, 2003, the Secretary of Commerce shall
publish—
(1) a determination of whether implementation
of the salmon recovery measures in the NMFS bio-
logical opinion are sufficient to achieve recovery, as
defined under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), of the salmon and
steelhead populations that are the subject of the bio-
logical opinion; and
(2) if the determination under paragraph (1) is
that such measures are not sufficient to achieve such
recovery, a determination of whether partially re-
moving the 4 lower Snake River dams is necessary
to restore Snake River salmon and steelhead popu-
lations to meet obligations under such Act.
(e) DETERMINATION OF NECESSITY TO MEET TREA-
TY OBLIGATIONS.—Not later than December 31, 2003,
the Secretary of the Interior shall publish a determination
of whether partially removing the 4 lower Snake River
dams is necessary to meet treaty obligations to Indian
tribes or other sovereign nations.
(f) DETERMINATION
OF
NECESSITY
TO
MEET
CLEAN WATER REQUIREMENTS.—Not later than Decem-
ber 31, 2003, the Administrator of the Environmental
Protection Agency shall publish a determination of wheth-
er partially removing the 4 lower Snake River dams is nec-
essary to meet the requirements of the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et seq.).
SEC. 4. GAO STUDY OF PARTIAL REMOVAL OF LOWER
SNAKE RIVER DAMS.
(a) IN GENERAL.—The Comptroller General of the
United States shall conduct a study of the potential effects
of partially removing the 4 lower Snake River dams.
(b) CONTENTS.—The study shall include examination
of and recommendation for addressing, at a minimum, the
following:
(1) The economic effects of partial dam removal
for local communities and for downstream and coast-
al communities, including downstream and coastal
communities located within the boundaries of Alaska
and Canada, including employment gains or losses
that would result from dam removal.
(2) The effects of partial dam removal on trans-
portation by water, including—