IIB
106TH CONGRESS
2D SESSION
H. R. 2798
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 19, 2000
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 in a lump sum—
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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;
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(H) 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 or
recovery of salmon; and
(I) require that the qualified tribal govern-
ment maintain its aggregate expenditures of
funds from non-Federal sources for salmon
habitat restoration programs at or above the
average level of such expenditures in the 2 fis-
cal years preceding the date of the enactment
of this Act.
(c) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Assistance under this Act
may be used by a qualified State in accordance with
a plan submitted by the State under subsection (a),
or by a qualified tribal government in accordance
with a memorandum of understanding entered into
by the government under subsection (b), to carry out
or make grants to carry out, among other activities,
the following:
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(A) Watershed evaluation, assessment, and
planning necessary to develop a site-specific and
clearly prioritized plan to implement watershed
improvements, including for making multi-year
grants.
(B) Salmon-related research, data collec-
tion, and monitoring, salmon supplementation
and enhancement, and salmon habitat restora-
tion.
(C) 
Maintenance 
and 
monitoring 
of
projects completed with such assistance.
(D) Technical training and education
projects, including teaching private landowners
about practical means of improving land and
water management practices to contribute to
the conservation and restoration of salmon
habitat.
(E) Other activities related to salmon con-
servation and salmon habitat restoration.
(2) 
USE
FOR
LOCAL
AND
REGIONAL
PROJECTS.—Funds allocated to qualified States
under this Act shall be used for local and regional
projects.
(d) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE
OF JURISDICTION OF RECIPIENT.—Assistance under this
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section provided to a qualified State or qualified tribal
government may be used for activities conducted outside
the areas under its jurisdiction if the activity will provide
conservation benefits to naturally produced salmon in
streams of concern to the qualified State or qualified tribal
government, respectively.
(e) COST SHARING BY QUALIFIED STATES.—
(1) IN
GENERAL.—A qualified State shall
match, in the aggregate, the amount of any financial
assistance provided to the qualified State for a fiscal
year under this Act, in the form of monetary con-
tributions or in-kind contributions of services for
projects carried out with such assistance. For pur-
poses of this paragraph, monetary contributions by
the State shall not be considered to include funds re-
ceived from other Federal sources.
(2) LIMITATION ON REQUIRING MATCHING FOR
EACH PROJECT.—The Secretary may not require a
qualified State to provide matching funds for each
project carried out with assistance under this Act.
(3) TREATMENT
OF
MONETARY
CONTRIBU-
TIONS.—For purposes of subsection (a)(2)(H), the
amount of monetary contributions by a qualified
State under this subsection shall be treated as ex-
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penditures from non-Federal sources for salmon con-
servation and salmon habitat restoration programs.
(f) COORDINATION OF ACTIVITIES.—
(1) IN
GENERAL.—Each qualified State and
each qualified tribal government receiving assistance
under this Act is encouraged to carefully coordinate
salmon conservation activities of its agencies to
eliminate duplicative and overlapping activities.
(2) CONSULTATION.—Each qualified State and
qualified tribal government receiving assistance
under this Act shall consult with the Secretary to
ensure there is no duplication in projects funded
under this Act.
(g) LIMITATION ON ADMINISTRATIVE EXPENSES.—
(1) FEDERAL ADMINISTRATIVE EXPENSES.—Of
the amount made available under this Act each fiscal
year, not more than 1 percent may be used by the
Secretary for administrative expenses incurred in
carrying out this Act.
(2) STATE AND TRIBAL ADMINISTRATIVE EX-
PENSES.—Of the amount allocated under this Act to
a qualified State or qualified tribal government each
fiscal year, not more than 3 percent may be used by
the qualified State or qualified tribal government,
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respectively, for administrative expenses incurred in
carrying out this Act.
SEC. 4. PUBLIC PARTICIPATION.
(a) QUALIFIED STATE GOVERNMENTS.—Each quali-
fied State seeking assistance under this Act shall establish
a citizens advisory committee or provide another similar
forum for local governments and the public to participate
in obtaining and using the assistance.
(b) 
QUALIFIED
TRIBAL
GOVERNMENTS.—Each
qualified tribal government receiving assistance under this
Act shall hold public meetings to receive recommendations
on the use of the assistance.
SEC. 5. CONSULTATION NOT REQUIRED.
Consultation under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) shall not be
required based solely on the provision of financial assist-
ance under this Act.
SEC. 6. REPORTS.
(a) QUALIFIED STATES.—Each qualified State shall,
by not later than December 31 of each year, submit to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Resources of the
House of Representatives an annual report on the use of
financial assistance received by the qualified State under
this Act. The report shall contain an evaluation of the suc-
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cess of this Act in meeting the criteria listed in section
3(a)(2).
(b) SECRETARY.—
(1) ANNUAL
REPORT
REGARDING
QUALIFIED
TRIBAL GOVERNMENTS.—The Secretary shall, by not
later than December 31 of each year, submit to the
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Re-
sources of the House of Representatives an annual
report on the use of financial assistance received by
qualified tribal governments under this Act. The re-
port shall contain an evaluation of the success of
this Act in meeting the criteria listed in section
3(b)(2).
(2) BIANNUAL REPORT.—The Secretary shall,
by not later than December 31 of the second year
in which amounts are available to carry out this Act,
and of every second year thereafter, submit to the
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Re-
sources of the House of Representatives a biannual
report on the use of funds allocated to qualified
States under this Act. The report shall review pro-
grams funded by the States and evaluate the success
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of this Act in meeting the criteria listed in section
3(a)(2).
SEC. 7. DEFINITIONS.
In this Act:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(2) QUALIFIED
STATE.—The term ‘‘qualified
State’’ means each of the States of Alaska, Wash-
ington, Oregon, California, and Idaho.
(3) QUALIFIED
TRIBAL
GOVERNMENT.—The
term ‘‘qualified tribal government’’ means—
(A) a tribal government of an Indian tribe
in Washington, Oregon, California, or Idaho
that the Secretary of Commerce, in consultation
with the Secretary of the Interior, determines—
(i) is involved in salmon management
and recovery activities under the Endan-
gered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(ii) has the management and organi-
zational capability to maximize the benefits
of assistance provided under this Act; and
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(B) an Alaska Native village or regional or
village corporation as defined in or established
pursuant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) that the
Secretary of Commerce, in consultation with the
Secretary of the Interior, determines—
(i) is involved in salmon conservation
and management; and
(ii) has the management and organi-
zational capability to maximize the benefits
of assistance provided under this Act.
(4) SALMON.—The term ‘‘salmon’’ means any
naturally produced salmon or naturally produced
trout of the following species:
(A) Coho salmon (oncorhynchus kisutch).
(B) 
Chinook 
salmon 
(oncorhynchus
tshawytscha).
(C) Chum salmon (oncorhynchus keta).
(D) 
Pink 
salmon 
(oncorhynchus
gorbuscha).
(E) Sockeye salmon (oncorhynchus nerka).
(F) 
Steelhead 
trout 
(oncorhynchus
mykiss).
(G) Sea-run cutthroat trout (oncorhynchus
clarki clarki).
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(H) For purposes of application of this Act
in Oregon—
(i) 
Lahontan 
cutthroat 
trout
(oncorhnychus clarki henshawi); and
(ii) Bull trout (salvelinus confluentus).
(I) For purposes of application of this Act
in Washington and Idaho, Bull trout (salvelinus
confluentus).
(5) SECRETARY.—The term Secretary means
the Secretary of Commerce.
SEC. 8. PACIFIC SALMON TREATY.
(a) TRANSBOUNDARY PANEL REPRESENTATION.—
(1) IN
GENERAL.—Section 3 of the Pacific
Salmon Treaty Act of 1985 (16 U.S.C. 3632) is
amended by redesignating subsections (f), (g), and
(h) in order as subsections (g), (h), and (i), and by
inserting after subsection (e) the following:
‘‘(f) TRANSBOUNDARY PANEL.—The United States
shall be represented on the transboundary Panel by seven
Panel members, of whom—
‘‘(1) one shall be an official of the United
States Government with salmon fishery management
responsibility and expertise;
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‘‘(2) one shall be an official of the State of
Alaska with salmon fishery management responsi-
bility and expertise; and
‘‘(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
transboundary Panel is responsible.’’.
(2) CONFORMING AMENDMENTS.—
(A) Subsection (g) of section 3 of the Pa-
cific Salmon Treaty Act of 1985 (16 U.S.C.
3632), as redesignated by paragraph (1) of this
subsection, is amended—
(i) by striking ‘‘and (e)(2)’’ and in-
serting ‘‘(e)(2), and (f)(2)’’;
(ii) by striking ‘‘and (e)(4)’’ and in-
serting ‘‘(e)(4), and (f)(3)’’; and
(iii) by striking ‘‘The appointing au-
thorities listed above’’ and inserting ‘‘For
the southern, northern, and Frazier River
Panels, the appointing authorities listed
above’’.
(B) Subsection (h)(2) of section 3 the Pa-
cific Salmon Treaty Act of 1985 (16 U.S.C.
3632), as redesignated by paragraph (1) of this
subsection, is amended by striking ‘‘and south-
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ern’’ 
and 
inserting 
‘‘, 
southern, 
and
transboundary’’.
(C) Section 9 of the Pacific Salmon Treaty
Act of 1985 (16 U.S.C. 3638) is amended by
striking ‘‘9(g)’’ and inserting ‘‘9(h)’’.
(b) COMPENSATION
AND EXPENSES
FOR UNITED
STATES REPRESENTATIVES ON NORTHERN AND SOUTH-
ERN FUND COMMITTEES.—
(1) COMPENSATION.—Section 11 of the Pacific
Salmon Treaty Act of 1985 (16 U.S.C. 3640) is
amended by redesignating subsections (c) and (d) in
order as subsections (d) and (e), and by inserting
after subsection (b) the following:
‘‘(c) COMPENSATION
FOR REPRESENTATIVES
ON
NORTHERN
FUND
AND
SOUTHERN
FUND
COMMIT-
TEES.—United States Representatives on the Pacific
Salmon Treaty Northern Fund Committee and Southern
Fund Committee who are not State or Federal employees
shall receive compensation at the minimum daily rate of
pay payable under section 5376 of title 5, United States
Code, when engaged in the actual performance of duties
for the United States Section or for the Commission.’’.
(2) EXPENSES.—Subsection (d) of such section,
as so redesignated, is amended by inserting ‘‘mem-
bers of the Northern Fund Committee, members of
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the Southern Fund Committee,’’ after ‘‘Joint Tech-
nical Committee,’’.
(3) CLERICAL AMENDMENTS.—
(A) IN GENERAL.—Section 11 of the Pa-
cific Salmon Treaty Act of 1985 (16 U.S.C.
5332) is amended—
(i) in subsection (a) by striking ‘‘at
the daily rate of GS–18 of the General
Schedule’’ and inserting ‘‘at the maximum
daily rate of pay payable under section
5376 of title 5, United States Code,’’; and
(ii) in subsection (b) by striking ‘‘at
the daily rate of GS–16 of the General
Schedule’’ and inserting ‘‘at the minimum
daily rate of pay payable under section
5376 of title 5, United States Code,’’.
(B) 
APPLICATION.—The 
amendments
made by subparagraph (A) shall not apply to
Commissioners, Alternate Commissioners, Panel
Members, and Alternate Panel Members (as
those terms are used in section 11 of the Pa-
cific Salmon Treaty Act of 1985) appointed be-
fore the effective date of this subsection.
(c) AUTHORIZATION OF APPROPRIATIONS.—