I 
108TH CONGRESS 
1ST SESSION H. R. 1097
To ensure that proper planning is undertaken to secure the preservation 
and recovery of the salmon and steelhead of the Columbia River basin 
and the maintenance of 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 
MARCH 5, 2003
Mr. MCDERMOTT (for himself, Mr. PETRI, Mr. LEACH, Mrs. NAPOLITANO, 
Mr. PASCRELL, Ms. SCHAKOWSKY, Mr. HOEFFEL, Ms. BALDWIN, Mr. 
FATTAH, Mrs. TAUSCHER, Mr. MORAN of Virginia, Mr. PAYNE, Mr. 
HONDA, Mr. SHAYS, Ms. LEE, Ms. WOOLSEY, Ms. JACKSON-LEE of 
Texas, Mr. DAVIS of Illinois, Mr. MARKEY, Mr. NEAL of Massachusetts, 
Mr. EVANS, Mr. CONYERS, Mr. BROWN of Ohio, Mrs. MALONEY, Mr. 
SENSENBRENNER, Mr. JOHNSON of Illinois, Mrs. CAPPS, Mr. ENGEL, 
Mr. GONZALEZ, Mr. SPRATT, Mr. FRANK of Massachusetts, Mr. MCGOV-
ERN, Mr. OLVER, Mr. LEWIS of Georgia, Mr. HINCHEY, Ms. CORRINE 
BROWN of Florida, Mr. GEORGE MILLER of California, Mr. WAXMAN, 
Mr. FARR, Mr. RAMSTAD, Mr. LYNCH, Mr. WEXLER, Mr. PALLONE, Mr. 
STARK, Mr. HOLT, Mr. KLECZKA, Mr. GUTIERREZ, Mr. UDALL of New 
Mexico, Mr. WALSH, Mr. GRIJALVA, and Mr. ROTHMAN) introduced the 
following bill; which was referred to the Committee on Resources, and in 
addition to the Committee on Transportation and Infrastructure, 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 com-
mittee concerned 
A BILL 
To ensure that proper planning is undertaken to secure 
the preservation and recovery of the salmon and 
steelhead of the Columbia River basin and the mainte-
nance of reasonably priced, reliable power, to direct the 
Secretary of Commerce to seek scientific analysis of Fed-
eral efforts to restore 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. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RE-
COVERY EFFORTS. 
(a) IN GENERAL.—Not later than 3 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 scientific analysis of Federal 
salmon recovery efforts and submission of a report on the 
results of the analysis in accordance with subsection (c). 
(b) CONTENTS.—For purposes of this section, sci-
entific analysis shall include, at a minimum, review of the
effectiveness of Federal salmon recovery actions, antici-
pated Federal salmon recovery actions, and the timelines 
for, and feasibility of, implementing these actions. These 
actions and anticipated actions shall be evaluated in terms 
of whether they are likely to achieve recovery of salmon 
and steelhead populations listed under section 4(c) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533). 
(c) REPORT.—Not later than 9 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 scientific analysis con-
ducted under this section.
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 communities near the dams, upstream from the 
dams, and for downstream and coastal communities, 
including downstream and coastal communities lo-
cated within the boundaries of Alaska and Canada, 
including employment gains or losses that would re-
sult from dam removal. 
(2) The effects of partial dam removal on trans-
portation by water, including—
(A) the feasibility, costs, and sufficiency of 
alternative transportation by railroad, highway, 
and other means; 
(B) the economic benefits and costs of 
such alternatives; 
(C) the environmental impact of shifting to 
such alternatives;
(D) the means for mitigating any environ-
mental harm that might be caused by the use 
of such alternatives; and 
(E) any development or expansion of such 
alternatives that would be required to continue 
moving the same amount of cargo that is cur-
rently transported by water. 
(3) The effects of partial dam removal on irri-
gation, including the availability of or need for alter-
natives to replace irrigation water or to extend irri-
gation pumps. 
(4) The effects of partial dam removal on en-
ergy production, including the regional effects of any 
changes in energy production, identification of re-
newable energy sources or energy efficiency meas-
ures that could replace any loss in energy produc-
tion, and the benefits and costs of such alternatives. 
(5) The effects, including economic effects, of 
the extinction of salmon and steelhead populations 
in the Snake River. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
shall submit to each of the Secretary of the Army, the 
Secretary of Commerce, and the Administrator of the En-
vironmental Protection Agency a report on the results of 
the study conducted under this section. 
SEC. 5. AUTHORIZATION AND PLANNING OF SALMON RE-
COVERY. 
(a) PARTIAL DAM REMOVAL AUTHORIZATION.—The 
Secretary of the Army, acting through the Corps of Engi-
neers, is authorized to partially remove the 4 lower Snake 
River dams if—
(1) the Secretary of Commerce finds that such 
action is necessary to restore Snake River salmon 
and steelhead populations to meet obligations under 
the Endangered Species Act of 1973 (33 U.S.C. 
1531 et seq.); 
(2) the Secretary of the Interior finds that such 
action is necessary to meet treaty obligations to In-
dian tribes or other sovereign nations; or 
(3) the Administrator of the Environmental 
Protection Agency finds that such action is nec-
essary to meet requirements of the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.). 
(b) PRELIMINARY PLANNING WORK.—The Secretary 
of the Army shall undertake such preliminary engineering, 
design, construction, and other activities as may be nec-
essary to remove the 4 lower Snake River dams pursuant
to subsection (a). This work shall be completed within 12 
months after the date of the enactment of this Act. 
(c) FUNDING.—There is authorized to be appro-
priated to the Secretary of the Army $4,000,000 for fiscal 
year beginning after September 30, 2004, to carry out this 
section. Such sums shall remain available until expended. 
SEC. 6. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) FEDERAL SALMON RECOVERY ACTIONS.—
The term ‘‘Federal salmon recovery actions’’ means 
Federal actions required to protect and restore salm-
on and steelhead in the Columbia and Snake River 
basin that are listed under section 4(c) of the En-
dangered Species Act of 1973 (16 U.S.C. 1533(c)). 
(2) LOWER SNAKE RIVER DAMS.—The term ‘‘4 
lower Snake River dams’’ means the following dams 
on the Snake River, Washington: 
(A) The Ice Harbor dam. 
(B) The Lower Monumental dam. 
(C) The Little Goose dam. 
(D) The Lower Granite dam. 
(3) POPULATIONS.—The term ‘‘populations’’ 
means the 12 evolutionarily significant units of 
salmon and steelhead in the Columbia and Snake 
River basin that are listed under section 4(c) of the
Endangered Species Act of 1973 (16 U.S.C. 
1533(c)).
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