IIB
107TH CONGRESS
1ST SESSION
H. R. 1157
IN THE SENATE OF THE UNITED STATES
JUNE 14, 2001
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
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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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 ‘‘Pacific Salmon Recov-
ery Act’’.
SEC. 2. SALMON CONSERVATION AND SALMON HABITAT
RESTORATION ASSISTANCE.
(a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub-
ject to the availability of appropriations, the Secretary of
Commerce shall provide financial assistance in accordance
with this Act to qualified States and qualified tribal gov-
ernments for salmon conservation and salmon habitat res-
toration activities.
(b) ALLOCATION.—Of the amounts available to pro-
vide assistance under this section each fiscal year (after
the application of section 3(g)), the Secretary—
(1) shall allocate 85 percent among qualified
States, in equal amounts; and
(2) shall allocate 15 percent among qualified
tribal governments, in amounts determined by the
Secretary.
(c) TRANSFER.—
(1) IN GENERAL.—The Secretary shall prompt-
ly transfer—
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(A) to a qualified State that has submitted
a Conservation and Restoration Plan under sec-
tion 3(a) amounts allocated to the qualified
State under subsection (b)(1) of this section,
unless the Secretary determines, within 30 days
after the submittal of the plan to the Secretary,
that the plan is inconsistent with the require-
ments of this Act; and
(B) to a qualified tribal government that
has entered into a memorandum of under-
standing with the Secretary under section 3(b)
amounts allocated to the qualified tribal govern-
ment under subsection (b)(2) of this section.
(2) TRANSFERS TO QUALIFIED STATES.—The
Secretary shall make the transfer under paragraph
(1)(A)—
(A) to the Washington State Salmon Re-
covery Board, in the case of amounts allocated
to Washington;
(B) to the Oregon State Watershed En-
hancement Board, in the case of amounts allo-
cated to Oregon;
(C) to the California Department of Fish
and Game for the California Coastal Salmon
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Recovery Program, in the case of amounts allo-
cated to California;
(D) to the Governor of Alaska, in the case
of amounts allocated to Alaska; and
(E) to the Office of Species Conservation,
in the case of amounts allocated to Idaho.
(d) REALLOCATION.—
(1) 
AMOUNTS
ALLOCATED
TO
QUALIFIED
STATES.—Amounts that are allocated to a qualified
State for a fiscal year shall be reallocated under sub-
section (b)(1) among the other qualified States, if—
(A) the qualified State has not submitted
a plan in accordance with section 3(a) as of the
end of the fiscal year; or
(B) the amounts remain unobligated at the
end of the subsequent fiscal year.
(2) AMOUNTS ALLOCATED TO QUALIFIED TRIB-
AL GOVERNMENTS.—Amounts that are allocated to a
qualified tribal government for a fiscal year shall be
reallocated under subsection (b)(2) among the other
qualified tribal governments, if the qualified tribal
government has not entered into a memorandum of
understanding with the Secretary in accordance with
section 3(b) as of the end of the fiscal year.
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SEC. 3. RECEIPT AND USE OF ASSISTANCE.
(a) QUALIFIED STATE SALMON CONSERVATION AND
RESTORATION PLAN.—
(1) IN GENERAL.—To receive assistance under
this Act, a qualified State shall develop and submit
to the Secretary a Salmon Conservation and Salmon
Habitat Restoration Plan.
(2) CONTENTS.—Each Salmon Conservation
and Salmon Restoration Plan shall, at a minimum—
(A) be consistent with other applicable
Federal laws;
(B) be consistent with the goal of salmon
recovery;
(C) except as provided in subparagraph
(D), give priority to use of assistance under this
section for projects that—
(i) provide a direct and demonstrable
benefit to salmon or their habitat;
(ii) provide the greatest benefit to
salmon conservation and salmon habitat
restoration relative to the cost of the
projects; and
(iii) conserve, and restore habitat,
for—
(I) salmon that are listed as en-
dangered species or threatened spe-
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cies, proposed for such listing, or can-
didates for such listing, under the En-
dangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) salmon that are given special
protection under the laws or regula-
tions of the qualified State;
(D) in the case of a plan submitted by a
qualified State in which, as of the date of the
enactment of this Act, there is no area at which
a salmon species referred to in subparagraph
(C)(iii)(I) spawns—
(i) give priority to use of assistance
for projects referred to in subparagraph
(C)(i) and (ii) that contribute to proactive
programs to conserve and enhance species
of salmon that intermingle with, or are
otherwise related to, species referred to in
subparagraph (C)(iii)(I), which may in-
clude (among other matters)—
(I) salmon-related research, data
collection, and monitoring;
(II) salmon supplementation and
enhancement;
(III) salmon habitat restoration;
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(IV) increasing economic oppor-
tunities for salmon fishermen; and
(V) national and international co-
operative habitat programs; and
(ii) provide for revision of the plan
within one year after any date on which
any salmon species that spawns in the
qualified State is listed as an endangered
species or threatened species, proposed for
such listing, or a candidate for such list-
ing, under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(E) establish specific goals and timelines
for activities funded with such assistance;
(F) include measurable criteria by which
such activities may be evaluated;
(G) require that activities carried out with
such assistance shall—
(i) be scientifically based;
(ii) be cost effective;
(iii) not be conducted on private land
except with the consent of the owner of the
land; and
(iv) contribute to the conservation and
recovery of salmon;
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(H) require that the qualified State main-
tain its aggregate expenditures of funds from
non-Federal sources for salmon habitat restora-
tion programs at or above the average level of
such expenditures in the 2 fiscal years pre-
ceding the date of the enactment of this Act;
and
(I) ensure that activities funded under this
Act are conducted in a manner in which, and
in areas where, the State has determined that
they will have long-term benefits.
(3) SOLICITATION
OF
COMMENTS.—In pre-
paring a plan under this subsection a qualified State
shall seek comments on the plan from local govern-
ments in the qualified State.
(b) TRIBAL MOU WITH SECRETARY.—
(1) IN GENERAL.—To receive assistance under
this Act, a qualified tribal government shall enter
into a memorandum of understanding with the Sec-
retary regarding use of the assistance.
(2) CONTENTS.—Each memorandum of under-
standing shall, at a minimum—
(A) be consistent with other applicable
Federal laws;
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(B) be consistent with the goal of salmon
recovery;
(C) give priority to use of assistance under
this Act for activities that—
(i) provide a direct and demonstrable
benefit to salmon or their habitat;
(ii) provide the greatest benefit to
salmon conservation and salmon habitat
restoration relative to the cost of the
projects; and
(iii) conserve, and restore habitat,
for—
(I) salmon that are listed as en-
dangered species or threatened spe-
cies, proposed for such listing, or can-
didates for such listing, under the En-
dangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) salmon that are given special
protection under the ordinances or
regulations of the qualified tribal gov-
ernment;
(D) in the case of a memorandum of un-
derstanding entered into by a qualified tribal
government for an area in which, as of the date
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of the enactment of this Act, there is no area
at which a salmon species that is referred to in
subparagraph (C)(iii)(I) spawns—
(i) give priority to use of assistance
for projects referred to in subparagraph
(C)(i) and (ii) that contribute to proactive
programs 
described 
in 
subsection
(a)(2)(D)(i);
(ii) include a requirement that the
memorandum shall be revised within 1
year after any date on which any salmon
species that spawns in the area is listed as
an endangered species or threatened spe-
cies, proposed for such listing, or a can-
didate for such listing, under the Endan-
gered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(E) establish specific goals and timelines
for activities funded with such assistance;
(F) include measurable criteria by which
such activities may be evaluated;
(G) establish specific requirements for re-
porting to the Secretary by the qualified tribal
government;