I
105TH CONGRESS
2D SESSION
H. R. 4294
To amend the Elwha River Ecosystem and Fisheries Restoration Act to
provide further for the acquisition and removal of the Elwha dam and
acquisition of Glines Canyon dam and the restoration of the Elwha
River ecosystem and native anadromous fisheries, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1998
Mr. WHITE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To amend the Elwha River Ecosystem and Fisheries Restora-
tion Act to provide further for the acquisition and re-
moval of the Elwha dam and acquisition of Glines Can-
yon dam and the restoration of the Elwha River eco-
system and native anadromous fisheries, 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. ACQUISITION OF PROJECTS AND REMOVAL OF
DAMS.
The Elwha River Ecosystem and Fisheries Restora-
tion Act (106 Stat. 3173) is amended by striking section
3 and inserting the following:
‘‘SEC. 3. ACQUISITION OF PROJECTS.
‘‘(a) IN GENERAL.—As soon as practicable after
sums are appropriated for the purpose, the Secretary shall
acquire the Elwha Project and Glines Project for a pur-
chase price of $29,500,000.
‘‘(b) RELEASE FROM LIABILITY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the acquisition of the Projects shall be conditioned
on a release from liability providing that all obliga-
tions and liabilities of the owner and the local indus-
trial consumer to the United States arising from the
Projects, based on ownership or on a license, permit,
contract, or other authority (including Project re-
moval and any ecosystem, fish and wildlife mitiga-
tion, and restoration obligations), shall, from the
moment of title transfer, be deemed to have been
satisfied.
‘‘(2) LIABILITY
TO
INDIAN
TRIBES.—The
United States may not assume or satisfy the liabil-
ity, if any, of the owner or local industrial consumer
to any federally recognized Indian tribe, nor shall
any such liability be deemed satisfied without the
consent of the Indian tribe.
‘‘(c) ELWHA PROJECT.—
‘‘(1) REMOVAL OF DAM.—
‘‘(A) IN
GENERAL.—After acquiring the
Elwha Project, the Secretary as soon as prac-
ticable after sums are appropriated for the pur-
pose, shall remove the Elwha dam.
‘‘(B) PROTECTION OF WATER SUPPLY.—
‘‘(i) IN GENERAL.—Before commenc-
ing removal of the Elwha dam or taking
any steps to breach, bypass, or otherwise
alter the water flow from the Elwha dam,
the Secretary shall take all such actions as
are necessary to ensure the continued
availability, after removal of the dam, of
the quantity and quality of water that is
available, as of the date of enactment of
this paragraph, to the city of Port Angeles,
Washington, the Dry Creek Water Associa-
tion, current (as of the date of enactment
of this paragraph) and future industrial
water users, and other current users of
water from the Elwha River.
‘‘(ii) ACTIONS
INCLUDED.—The ac-
tions that the Secretary shall, subject to
the availability of appropriations, take
under clause (i) include—
‘‘(I) the design, construction, op-
eration, and maintenance of new or
improved water treatment or storage
facilities; and
‘‘(II) the mitigation of any injury
to fisheries and remediation of any
degradation in water quality that may
result from the removal of or any
other change in the water flow from
the Elwha dam.
‘‘(iii) PAYMENT OF COSTS.—The cost
of each action taken under clause (i), sub-
ject to the availability of appropriations,
shall be borne by the Secretary.
‘‘(2) EVALUATION OF EFFECT OF REMOVAL.—
During the removal phase of the Elwha dam, the
Secretary shall make a thorough evaluation of the
impact of removal of the dam on fish runs, and sub-
mit his findings to Congress.
‘‘(3) COMPENSATION
FOR
LOST
REVENUE.—
After the acquisition of the Projects, the Secretary