fied tribal government the jurisdiction of which, 
as of the date of the enactment of this Act, con-
tains 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 pro-
grams to conserve and enhance species of 
salmon that intermingle with, or are other-
wise related to, species referred to in sub-
paragraph (C)(iii)(I), which may include 
(among other matters)—
(I) salmon-related research, data 
collection, and monitoring; 
(II) salmon supplementation and 
enhancement; 
(III) salmon habitat restoration; 
(IV) increasing economic opportu-
nities for salmon fishermen; and 
(V) national and international co-
operative habitat programs; and 
(ii) provide for revision of the memo-
randum of understanding 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 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) 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; 
(H) require that the qualified State or 
qualified tribal government maintain its aggre-
gate expenditures of funds from non-Federal 
sources for salmon habitat restoration programs 
at or above the average level of such expenditures 
in the 2 fiscal years preceding the date of the en-
actment 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 preparing 
a memorandum of understanding under this sub-
section a qualified State should to the extent prac-
ticable seek comments on the memorandum of under-
standing from local governments in the qualified 
State. 
(b) ELIGIBLE ACTIVITIES.—
(1) IN
GENERAL.—Assistance under this Act 
may be used by a qualified State or by a qualified 
tribal government in accordance with a memorandum 
of understanding entered into by the government 
under subsection (a), to carry out or make grants to 
carry out, among other activities, the following: 
(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. 
(F) In the case of a memorandum of under-
standing regarding conservation and restoration 
in Washington or Idaho, other activities to pro-
tect and restore Bull trout. 
(G) In the case of a memorandum of under-
standing regarding conservation and restoration 
in Oregon, other activities to protect and restore 
Lahontan cutthroat trout and Bull trout. 
(2) USE FOR LOCAL AND REGIONAL PROJECTS.—
Funds allocated to qualified States under this Act 
shall be used for local and regional projects. 
(c) USE OF ASSISTANCE FOR ACTIVITIES OUTSIDE OF 
JURISDICTION OF RECIPIENT.—Assistance under this sec-
tion provided to a qualified State or qualified tribal govern-
ment may be used for activities conducted outside the areas 
under its jurisdiction if the activity will provide conserva-
tion benefits to naturally produced salmon in streams of 
concern to the qualified State or qualified tribal govern-
ment, respectively. 
(d) COST SHARING BY QUALIFIED STATES.—
(1) IN GENERAL.—A qualified State shall match 
25 percent of the amount of any financial assistance 
provided to the qualified State for a fiscal year under 
this Act, in the form of monetary contributions or in-
kind contributions of services for projects carried out 
with such assistance. For purposes of this paragraph, 
monetary contributions by the State shall not be con-
sidered to include funds received 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 expend-
itures from non-Federal sources for salmon conserva-
tion and salmon habitat restoration programs.
(e) 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 du-
plicative 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. 
(f) LIMITATION ON ADMINISTRATIVE EXPENSES.—
(1) FEDERAL
ADMINISTRATIVE
EXPENSES.—Of 
the amount made available under this Act each fiscal 
year, not more than 2 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 4 percent may be used by 
the qualified State or qualified tribal government, re-
spectively, 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 quali-
fied 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 re-
quired based solely on the provision of financial assistance 
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 success of this 
Act in meeting the criteria listed in section 3(a)(2). 
(b) SECRETARY.—
(1) ANNUAL REPORT REGARDING FINANCIAL AS-
SISTANCE.—The Secretary 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 fi-
nancial assistance received by qualified States and 
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(a)(2). 
(2) ANNUAL REPORT REGARDING MEMORANDA OF 
UNDERSTANDING.—The Secretary shall, by not later 
than one year after the date of the enactment of this 
Act, and annually thereafter—
(A) review the memorandum of under-
standing under section 3(a) of each qualified 
State and each qualified tribal government and 
the review process of each qualified State and 
each qualified tribal government salmon recovery 
program; and 
(B) report on such review to the Committee 
on Commerce, Science and Transportation of the 
Senate and the Committee on Resources of the 
House 
of 
Representatives, 
including 
rec-
ommendations of any means to make the State
or tribal programs more efficient for salmon re-
covery. 
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 In-
dian Self-Determination and Education Assistance 
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 organiza-
tional capability to maximize the benefits of 
assistance provided under this Act; and
(B) a village corporation as defined in or 
established pursuant to the Alaska Native Claims 
Settlement 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 organiza-
tional 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). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce.
SEC. 8. REPORT REGARDING TREATMENT OF INTER-
NATIONAL 
FISHERY 
COMMISSION 
PEN-
SIONERS. 
The President shall—
(1) determine the number of United States citi-
zens who—
(A) served as employees of the International 
Pacific Salmon Fisheries Commission or the 
International North Pacific Fisheries Commis-
sion; and 
(B) worked in Canada in the course of em-
ployment with that commission; 
(2) calculate for each such employee the dif-
ference between—
(A) the value, in United States currency, of 
the annuity payments made and to be made (de-
termined by an actuarial valuation) by or on be-
half of each such commission to the employee; 
and 
(B) the value, in Canadian currency, of 
such annuity payments; and 
(3) by not later than September 1, 2004, submit 
to the Committee on Resources of the House of Rep-
resentatives and the Committee on Commerce, Science 
and Transportation of the Senate a report on the de-
terminations and calculations made under para-
graphs (1) and (2). 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $200,000,000 
for each of the fiscal years 2004, 2005, and 2006 to carry 
out this Act. Funds appropriated under this section may 
remain until expended. 
SEC. 10. SENSE OF THE CONGRESS REGARDING BIPAR-
TISAN JULY 2000 GOALS. 
It is the sense of the Congress that the Congress sup-
ports the bipartisan July 2000 goals, objectives, and rec-
ommendations of the Governors of Idaho, Montana, Oregon, 
and Washington to protect and restore salmon and other 
aquatic species to sustainable and harvestable levels while 
meeting the requirements of the Endangered Species Act of 
1973, the Clean Water Act, the Pacific Northwest Electric 
Power Planning and Conservation Act, tribal treaty rights, 
and executive orders and while taking into account the need 
to preserve a sound economy in Alaska, California, Idaho, 
Montana, Oregon, and Washington.
Union Calendar No. 159
108TH CONGRESS 
1ST SESSION 
H. R. 1945
[Report No. 108–272] 
A BILL 
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 wa-
ters and upland drainages, and for other pur-
poses. 
SEPTEMBER 16, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed