(B) to the Oregon State Watershed En-
hancement Board, in the case of amounts allo-
cated to Oregon;
(C) to the California Salmon Recovery
Fund, in the case of amounts allocated to Cali-
fornia;
(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 TRIBAL
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.
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 Fed-
eral laws;
(B) be consistent with the goal of salmon re-
covery;
(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 species,
proposed for such listing, or candidates
for such listing, under the Endangered
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 en-
actment 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 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 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 listing,
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;
(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 preceding
the date of 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 preparing
a plan under this subsection a qualified State shall
seek comments on the plan from local governments 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 Fed-
eral laws;
(B) be consistent with the goal of salmon re-
covery;
(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 species,
proposed for such listing, or candidates
for such listing, under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(II) salmon that are given special
protection under the ordinances or reg-
ulations of the qualified tribal govern-
ment;
(D) in the case of a memorandum of under-
standing entered into by a qualified tribal gov-
ernment for an area in which, as of the date of
the enactment of this Act, there is no area at
which a salmon species that is referred to in sub-
paragraph (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 described in subsection (a)(2)(D)(i);
(ii) include a requirement that the
memorandum shall be revised within one
year after any date on which any salmon
species that spawns in the area is listed as
an endangered species or threatened species,
proposed for such listing, or a candidate for
such listing, 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) establish specific requirements for re-
porting to the Secretary by the qualified tribal
government;
(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 habi-
tat restoration programs at or above the average
level of such expenditures in the 2 fiscal years
preceding the date of 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:
(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 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.
(e) COST SHARING BY QUALIFIED STATES.—
(1) IN GENERAL.—A qualified State shall match,
in the aggregate, the amount of any financial assist-
ance 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 car-
ried out with such assistance. For purposes of this
paragraph, monetary contributions by the State shall
not be considered 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.
(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 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.
(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 ADMINISTRATIVE EXPENSES.—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, 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 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
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 Resources
of the House of Representatives an annual report on
the use of financial assistance received by qualified
tribal governments under this Act. The report 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 Resources
of the House of Representatives a biannual report on
the use of funds allocated to qualified States under
this Act. The report shall review programs funded by
the States and evaluate the success 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 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) an Alaska Native village or regional or
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).
(H) For purposes of application of this Act
in Oregon—
(i) 
Lahontan 
cutthroat 
trout
(oncorhnychus clarki henshawi); and
(ii) Bull trout (salvelinus confluentus).
(5) SECRETARY.—The term Secretary means the
Secretary of Commerce.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $200,000,000
for each of the fiscal years 2001, 2002, and 2003 to carry
out this Act. Funds appropriated under this section may
remain until expended.
Union Calendar No. 467
106TH CONGRESS
2D SESSION
H. R. 2798
[Report No. 106–806]
A BILL
To authorize the Secretary of Commerce to provide
financial assistance to the States of Alaska,
Washington, Oregon, and California for salmon
habitat restoration projects in coastal waters and
upland drainages.
SEPTEMBER 6, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed