I
106TH CONGRESS
2D SESSION
H. R. 3882
To require the Secretary of the Army to conduct studies and to carry out
ecosystem restoration and other protective measures within Puget Sound,
Washington, and adjacent waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2000
Mr. INSLEE (for himself, Mr. DICKS, Mr. METCALF, Mr. SMITH of Wash-
ington, Mr. BAIRD, and Mr. MCDERMOTT) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Resources, 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 con-
cerned
A BILL
To require the Secretary of the Army to conduct studies
and to carry out ecosystem restoration and other protec-
tive measures within Puget Sound, Washington, and ad-
jacent waters, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. PUGET SOUND ECOSYSTEM RESTORATION.
(a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary of the Army
(in this section referred to as the ‘‘Secretary’’) shall con-
duct studies and carry out ecosystem restoration and other
protective measures within Puget Sound, Washington, and
adjacent waters and associated estuary and near-shore
habitat, including—
(1) the 17 watersheds that drain directly into
Puget Sound;
(2) Admiralty Inlet;
(3) Hood Canal;
(4) Rosario Strait; and
(5) the eastern portion of the Strait of Juan de
Fuca.
(b) IMPLEMENTATION.—
(1) IN
GENERAL.—The Secretary shall use
funds made available to carry out this section to
carry out ecosystem restoration and other protective
measures (including environmental improvements re-
lated to facilities of the Corps of Engineers in exist-
ence on the date of enactment of this Act) deter-
mined by the Secretary to be feasible based on—
(A) the studies conducted under subsection
(a); or
(B) analyses conducted before such date of
enactment by non-Federal interests.
(2) CRITERIA AND PROCEDURES FOR REVIEW
AND APPROVAL.—In consultation with the Secretary
of Commerce and the Governor of the State of
Washington, the Secretary shall develop criteria and
procedures consistent with the National Marine
Fisheries Service and State fish restoration goals
and objectives for reviewing and approving analyses
described in paragraph (1)(B) and the protective
measures proposed in those analyses. The Secretary
shall use prior studies and plans to identify project
needs and priorities wherever practicable.
(3) 
PRIORITIZATION
OF
PROJECTS.—In
prioritizing projects for implementation under this
subsection, the Secretary shall consult with public
and private entities active in watershed planning and
ecosystem restoration in Puget Sound watersheds,
including the Salmon Recovery Funding Board, the
Northwest Straits Commission, Hood Canal Coordi-
nating Council, county watershed planning councils,
and salmon enhancement groups, and give full con-
sideration to their priorities for projects.
(c) PUBLIC PARTICIPATION.—In developing and im-
plementing protective measures under subsections (a) and
(b), the Secretary shall provide for public review and com-
ment in accordance with applicable Federal law,
including—
(1) providing advance notice of public meetings;
(2) providing adequate opportunity for public
input and comment;
(3) maintaining appropriate records; and
(4) compiling a record of the proceedings of
meetings.
(d) COMPLIANCE WITH APPLICABLE LAW.—In devel-
oping and implementing protective measures under sub-
sections (a) and (b), the Secretary shall comply with appli-
cable Federal law, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) COST SHARING.—
(1) IN GENERAL.—Studies and technical assist-
ance provided to determine the feasibility of protec-
tive measures under subsections (a) and (b) shall—
(A) be considered to be project costs; and
(B) be shared by non-Federal interests
during project implementation in accordance
with this subsection.
(2) NON-FEDERAL
SHARE.—Subject to para-
graph (4), the non-Federal share of the cost of the
protective measures shall be 35 percent; except that
if a project would otherwise be eligible for cost-shar-
ing under section 1135 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2294 note), the
non-Federal share of the cost of the protective meas-
ures for the project shall be 25 percent.
(3) IN-KIND CONTRIBUTIONS.—Not more than
80 percent of the non-Federal share may be pro-
vided in the form of services, materials, supplies, or
other in-kind contributions necessary to carry out
the protective measures.
(4) FEDERAL SHARE.—The Federal share of
the cost of any single protective measure shall not
exceed $5,000,000.
(5) OPERATION AND MAINTENANCE.—The op-
eration and maintenance of the protective measures
shall be a non-Federal responsibility.
(6) TRIBAL
COST-SHARING.—The Secretary
shall waive the first $200,000 in non-Federal cost
share for all studies and projects cosponsored by
federally recognized Indian tribes.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated not to exceed $125,000,000
to pay the Federal share of the cost of carrying out this
section.
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