I 
113TH CONGRESS 
2D SESSION 
H. R. 4097 
To ensure that proper information gathering and planning are undertaken 
to secure the preservation and recovery of the salmon and steelhead 
of the Columbia River Basin in a manner that protects and enhances 
local communities, ensures effective expenditure of Federal resources, 
and maintains 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 
FEBRUARY 26, 2014 
Mr. MCDERMOTT introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Natural Resources and Energy and Commerce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To ensure that proper information gathering and planning 
are undertaken to secure the preservation and recovery 
of the salmon and steelhead of the Columbia River Basin 
in a manner that protects and enhances local commu-
nities, ensures effective expenditure of Federal resources, 
and maintains reasonably priced, reliable power, to direct 
the Secretary of Commerce to seek scientific analysis 
of Federal efforts to restore salmon and steelhead listed 
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under the Endangered Species Act of 1973, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Salmon Solutions and 
Planning Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds and declares the fol-
lowing: 
(1) Thirteen salmon and steelhead species in 
the Columbia and Snake River Basin are listed for 
protection under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) as a consequence of 
various factors, including the construction and oper-
ation of hydroelectric projects, harvest management 
practices, habitat degradation, altered in-stream flow 
regimes, and unsound hatchery practices. 
(2) The original range of Snake River salmon 
included not only their existing habitat, but also 
habitat in the upper Columbia River and the upper 
Snake River Basins, including southern Idaho, 
southeast Oregon, and northern Nevada. 
(3) Since the construction of 4 Federal dams on 
the lower Snake River in Washington, all salmon 
and steelhead populations in the Snake River are ei-
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ther already extinct or listed as an endangered or 
threatened species under the Endangered Species 
Act of 1973. 
(4) Without action, climate change and rising 
water temperatures will continue to have detrimental 
effects on many North American coldwater fish spe-
cies, including salmon and steelhead populations. 
Due to their high-elevation spawning grounds, Snake 
River salmon are key to maintaining and rebuilding 
those salmon populations threatened by rising water 
temperatures throughout the Columbia River Basin. 
(5) Salmon and steelhead populations have 
major economic, ecological, educational, recreational, 
scientific, cultural, and spiritual significance to the 
Nation and its people. Even at their current de-
pressed 
population 
levels, 
these 
salmon 
and 
steelhead populations generate hundreds of millions 
of dollars in direct and indirect benefits for commu-
nities in Alaska, Washington, Oregon, Idaho, and 
California; restoring these populations is estimated 
to generate billions of dollars in additional revenue 
for these States. 
(6) The United States has signed treaties with 
Indian tribes in Washington, Oregon, Montana, and 
Idaho and with the Government of Canada, creating 
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legally enforceable treaty obligations to restore salm-
on populations to sustainable and harvestable levels. 
(7) The Federal Government, the Bonneville 
Power Administration, and United States ratepayers 
in the Pacific Northwest have spent more than 
$11,000,000,000 on salmon recovery efforts in the 
Columbia and Snake River Basin to date. 
(8) A federally funded group of State, tribal, 
Federal, and independent scientists found that re-
moving the 4 lower Snake River dams in Wash-
ington is the surest way to protect and recover these 
salmon and steelhead populations. Similar conclu-
sions have been reached by the Army Corps of Engi-
neers and the Department of Commerce. 
(9) Significant sediment buildup behind the 
Lower Granite Dam poses a flood risk to the city of 
Lewiston, Idaho. A study by the Army Corps of En-
gineers found that nearly $2,000,000,000 worth of 
buildings and infrastructure face a growing threat of 
major damage from levee breaching. The same 
Corps study estimates that the costs of river-dredg-
ing and levee-raising needed to protect this area 
could cost taxpayers hundreds of millions of dollars. 
(10) A Federal court has found that all 4 lower 
Snake River dams violate water quality standards 
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under the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.). 
(11) The removal of the 4 lower Snake River 
dams would open up more than 100 miles of free- 
flowing river ways to inland Northwest communities 
and provide needed resources for more effective and 
efficient freight transportation systems. 
(12) In the event the 4 lower Snake River dams 
are removed, their electricity generation, freight 
shipping, and water supply benefits must be replaced 
through other means in order to protect affected 
communities, farms, and the regional energy supply 
system; the dams’ energy benefits should be replaced 
with cost-effective, clean renewable sources that 
focus on energy efficiency and conservation. 
(13) Studies have found that the Northwest has 
ample additional existing and potential clean renew-
able energy sources to replace the renewable elec-
tricity produced by the 4 lower Snake River dams in 
an environmentally sound and cost effective manner. 
(14) By completing the planning and evaluation 
required under this Act, the Northwest and the Na-
tion will be better prepared to efficiently manage 
salmon recovery and ensure prompt implementation 
of Federal salmon recovery actions needed to protect 
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and restore wild Columbia and Snake River salmon 
and steelhead. 
(b) PURPOSES.—The purpose of this Act are— 
(1) to ensure the protection and recovery of 
wild Columbia and Snake River salmon and 
steelhead to self-sustaining, harvestable levels, while 
providing for reliable, reasonably priced, clean re-
newable energy in the Northwest, a reliable and af-
fordable freight transportation system, an economi-
cally sustainable salmon recovery program; and 
(2) to maximize the economic benefits of re-
moval of the 4 lower Snake River dams while miti-
gating for its impacts. 
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RE-
COVERY ACTIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary of Commerce 
shall enter into an agreement with the National Academy 
of Sciences providing for a scientific analysis of Federal 
salmon recovery actions. 
(b) REVIEW OF SNAKE RIVER DAM REMOVAL AND 
OTHER ACTIONS.—Pursuant to the agreement under sub-
section (a), the National Academy of Sciences shall review, 
at minimum— 
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(1) the impact, if any, that removal of the 4 
lower Snake River dams would have on recovery of 
salmon and steelhead populations; and 
(2) any additional actions that may be nec-
essary to achieve recovery of salmon and steelhead 
populations. 
(c) REPORT.—Pursuant to the agreement under sub-
section (a), the National Academy of Sciences shall sub-
mit, not later than 10 months after the date of enactment 
of this Act, a report on the results of the scientific analysis 
conducted under the agreement— 
(1) to the Secretary of the Army for consider-
ation in developing the updated feasibility study 
under section 8; 
(2) to the Secretaries of Commerce, Transpor-
tation, Energy, and the Interior and the Adminis-
trator of the Environmental Protection Agency; and 
(3) to Congress. 
SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVE-
MENTS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall conduct a peer-reviewed study of the rail, highway, 
and Columbia River barge infrastructure improvements 
that would be necessary to ensure a cost-effective and effi-
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cient transportation system for agricultural and other 
shippers who— 
(1) currently use barge transportation between 
Lewiston, Idaho, and the confluence of the Snake 
and Columbia Rivers; and 
(2) would be unable to do so if the 4 lower 
Snake River dams were removed. 
(b) REVIEW OF POTENTIAL COST INCREASES.—In 
carrying out subsection (a), the Secretary of Transpor-
tation shall review, at a minimum— 
(1) increases, if any, in shipping costs that 
would result if the 4 lower Snake River dams were 
removed; and 
(2) options for addressing any such increases so 
as to minimize the potential impact on shippers. 
(c) INPUT OF INTERESTED PARTIES.—In carrying 
out subsection (a), the Secretary of Transportation shall 
incorporate— 
(1) input and feedback from— 
(A) farmers and other shippers; 
(B) the Washington, Idaho, and Oregon 
State departments of transportation; and 
(C) other relevant stakeholders in the agri-
cultural, business, and public interest commu-
nities; and 
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(2) any suggestions or decisions arrived at 
through consensus deliberations of the same or simi-
lar participants. 
(d) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall transmit a report on the results of the study— 
(1) to the Secretary of the Army for consider-
ation in developing the updated feasibility study 
under section 8; and 
(2) to Congress. 
SEC. 5. STUDY OF ENERGY REPLACEMENT. 
(a) IN GENERAL.—The Secretary of Energy, in con-
sultation with the Council on Environmental Quality, shall 
conduct a peer-reviewed study of the energy replacement 
options that exist to replace the power currently generated 
by the 4 lower Snake River dams in the event the dams 
are removed. 
(b) REVIEW OF POTENTIAL CLEAN RENEWABLE EN-
ERGY RESOURCES AND CERTAIN PROJECTS.—In carrying 
out subsection (a), the Secretary of Energy shall review— 
(1) existing, planned, and potential clean renew-
able energy resources; and 
(2) energy efficiency, energy conservation, and 
combined heat and power projects. 
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(c) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary of Energy 
shall transmit a report on the results of the study— 
(1) to the Secretary of the Army for consider-
ation in developing the updated feasibility study 
under section 8; and 
(2) to Congress. 
SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVI-
TALIZATION. 
(a) IN GENERAL.—The Secretary of the Army, in 
consultation with relevant State and local governments 
and interested parties, shall conduct a study of— 
(1) the riverfront revitalization and restoration 
opportunities that would exist in the event of the re-
moval of the 4 lower Snake River dams; and 
(2) the costs that would be incurred to imple-
ment such revitalization and restoration measures. 
(b) RIVERFRONT REVITALIZATION.—In carrying out 
subsection (a), the Secretary of the Army shall focus on 
riverfront 
revitalization 
for 
Lewiston, 
Idaho, 
and 
Clarkston, Washington, but may include a review of other 
impacted communities along the 140 miles of the lower 
Snake River. 
(c) PEER REVIEW.—The study shall be subject to 
peer review generally in accordance with section 2034 of 
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the Water Resources Development Act of 2007 (33 U.S.C. 
2343) to determine the accuracy of the preferred engineer-
ing options and costs determined by the Secretary. 
(d) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary shall transmit 
to Congress a report on the results of the study, including 
the Secretary’s determinations concerning engineering op-
tions and costs. 
SEC. 7. STUDY OF IRRIGATION PROTECTIONS. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Bureau of Reclamation, shall conduct a 
peer-reviewed study of the options and costs regarding any 
modifications to affected irrigation systems, cooling sys-
tems, and private wells that would be needed if the 4 lower 
Snake River dams were removed. 
(b) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary of the Interior 
shall transmit a report on the study— 
(1) to the Secretary of the Army for consider-
ation in developing the updated feasibility study 
under section 8; and 
(2) to Congress. 
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SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOV-
ERY. 
(a) DAM
REMOVAL
AUTHORIZATION.—Congress 
hereby determines that the Secretary of the Army may 
remove the 4 lower Snake River dams. 
(b) REVIEW AND UPDATE OF FEASIBILITY STUDY.— 
The Secretary of the Army, in consultation with the Sec-
retary of Commerce, the Secretary of the Interior, and the 
Administrator of the Environmental Protection Agency, 
shall re-evaluate and update the U.S. Army Corps of Engi-
neers’ Final Lower Snake River Juvenile Salmon Migra-
tion Feasibility Report/Environmental Impact Statement 
(February 2002) pursuant to new information. 
(c) CONSIDERATIONS.—The updated feasibility study 
shall— 
(1) take into consideration the results of the 
studies and analyses carried out under this Act; and 
(2) incorporate and address, at a minimum— 
(A) current and expected future climate 
change impacts on Columbia and Snake River 
salmon and steelhead populations and their 
habitat; 
(B) replacement of the 4 lower Snake 
River dams’ average energy output (not name-
plate capacity) with clean renewable energy re-
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sources, including energy efficiency and con-
servation; 
(C) options for keeping currently irrigated 
acreage intact and under irrigation in a dam re-
moval scenario; 
(D) costs associated with Lower Granite 
Dam reservoir sediment/flood risk mitigation in 
a non-dam-removal scenario; 
(E) Passive Use Values associated with 
both dam removal and non-dam-removal sce-
narios; and 
(F) alternate methods for removing the 4 
lower Snake River dams in addition to the 
method analyzed in the 2002 environmental im-
pact statement, including full dam removal and 
removing or notching the dams’ concrete por-
tions. 
(d) COMPLETION; REPORT; PEER REVIEW.—The 
Secretary of the Army shall— 
(1) complete the re-evaluation and update and 
submit a report thereon to Congress within 24 
months after the date of enactment of this Act; 
(2) include in the report a determination of en-
gineering options and costs; and 
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(3) submit the results of the re-evaluation and 
update (including such determination of engineering 
options and costs) to peer review generally in ac-
cordance with section 2034 of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343) to deter-
mine the accuracy of the preferred engineering op-
tions and costs. 
SEC. 9. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) CLEAN RENEWABLE ENERGY RESOURCES.— 
The term ‘‘clean renewable energy resources’’ 
means— 
(A) incremental electricity produced as the 
result of efficiency improvements to existing hy-
droelectric generation projects, including in irri-
gation pipes and canals, where the additional 
generation in either case does not result in new 
water diversions or impoundments; 
(B) wind; 
(C) solar energy; 
(D) geothermal energy; 
(E) landfill gas; 
(F) wave, ocean, or tidal power; 
(G) gas from sewage treatment facilities; 
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(H) biomass energy (as defined in section 
932(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16232(a))), excluding energy derived 
from— 
(i) pulping liquor from paper produc-
tion; or 
(ii) forest materials from old growth 
forests; or 
(I) any combination of the energy re-
sources described in this paragraph. 
(2) FEDERAL SALMON RECOVERY ACTIONS.— 
The term ‘‘Federal salmon recovery actions’’ means 
Federal actions required to protect, recover, and re-
store 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)). The term shall not be construed as just 
those actions needed to avoid jeopardy of these salm-
on and steelhead populations under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.). 
(3) 4 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. 
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(C) The Little Goose dam. 
(D) The Lower Granite dam. 
(4) PEER-REVIEWED STUDY.—The term ‘‘peer- 
reviewed study’’ means, unless otherwise specified, a 
study subject to peer review in accordance with the 
guidelines issued by the Director of the Office of 
Management and Budget under section 515 of the 
Treasury and General Government Appropriations 
Act, 2001 (as enacted into law by Public Law 106– 
554; 114 Stat. 2763A–153). 
(5) SALMON AND STEELHEAD POPULATIONS.— 
The term ‘‘salmon and steelhead populations’’ means 
the 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)). 
Æ 
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