I 
108TH CONGRESS 
1ST SESSION H. R. 1945
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 waters and upland drain-
ages, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2003
Mr. THOMPSON of California (for himself, Mr. SIMPSON, Mr. CUNNINGHAM, 
Mrs. TAUSCHER, Mr. GREENWOOD, Mr. WU, Ms. WOOLSEY, Mr. FARR, 
Mrs. DAVIS of California, Mr. STARK, Mr. MATSUI, Mr. SMITH of Wash-
ington, and Mr. UDALL of Colorado) introduced the following bill; which 
was referred to the Committee on Resources 
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 waters and upland drainages, 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 ‘‘Pacific Salmon Recov-
ery Act’’.
SEC. 2. SALMON CONSERVATION AND SALMON HABITAT 
RESTORATION ASSISTANCE. 
(a) REQUIREMENT TO PROVIDE ASSISTANCE.—Sub-
ject to the availability of appropriations, the Secretary of 
Commerce shall provide financial assistance in accordance 
with this Act to qualified States and qualified tribal gov-
ernments for salmon conservation and salmon habitat res-
toration activities. 
(b) ALLOCATION.—Of the amounts available to pro-
vide assistance under this section each fiscal year (after 
the application of section 3(g)), the Secretary—
(1) shall allocate 85 percent among qualified 
States, in equal amounts; and 
(2) shall allocate 15 percent among qualified 
tribal governments, in amounts determined by the 
Secretary. 
(c) TRANSFER.—
(1) IN GENERAL.—The Secretary shall prompt-
ly transfer—
(A) to a qualified State that has submitted 
a Conservation and Restoration Plan under sec-
tion 3(a) amounts allocated to the qualified 
State under subsection (b)(1) of this section, 
unless the Secretary determines, within 30 days 
after the submittal of the plan to the Secretary,
that the plan is inconsistent with the require-
ments of this Act; and 
(B) to a qualified tribal government that 
has entered into a memorandum of under-
standing with the Secretary under section 3(b) 
amounts allocated to the qualified tribal govern-
ment under subsection (b)(2) of this section. 
(2) TRANSFERS TO QUALIFIED STATES.—The 
Secretary shall make the transfer under paragraph 
(1)(A)—
(A) to the Washington State Salmon Re-
covery Board, in the case of amounts allocated 
to Washington; 
(B) to the Oregon State Watershed En-
hancement Board, in the case of amounts allo-
cated to Oregon; 
(C) to the California Department of Fish 
and Game for the California Coastal Salmon 
Recovery Program, in the case of amounts allo-
cated to California; 
(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 TRIB-
AL 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 
Federal laws; 
(B) be consistent with the goal of salmon 
recovery; 
(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 spe-
cies, proposed for such listing, or can-
didates for such listing, under the En-
dangered 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 
enactment 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 
programs to conserve and enhance species 
of salmon that intermingle with, or are 
otherwise related to, species referred to in 
subparagraph (C)(iii)(I), which may in-
clude (among other matters)—
(I) salmon-related research, data 
collection, and monitoring; 
(II) salmon supplementation and 
enhancement; 
(III) salmon habitat restoration; 
(IV) increasing economic oppor-
tunities 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 list-
ing, 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 pre-
ceding the date of the 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 pre-
paring a plan under this subsection a qualified State 
shall seek comments on the plan from local govern-
ments 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 
Federal laws; 
(B) be consistent with the goal of salmon 
recovery; 
(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 spe-
cies, proposed for such listing, or can-
didates for such listing, under the En-
dangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); or 
(II) salmon that are given special 
protection under the ordinances or 
regulations of the qualified tribal gov-
ernment; 
(D) in the case of a memorandum of un-
derstanding entered into by a qualified tribal 
government 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 
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 
programs 
described 
in 
subsection 
(a)(2)(D)(i); 
(ii) include a requirement that the 
memorandum shall be revised within 1 
year after any date on which any salmon 
species that spawns in the area 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) 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 
habitat restoration programs at or above the 
average level of such expenditures in the 2 fis-
cal years preceding the date of the 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 
section provided to a qualified State or qualified tribal 
government may be used for activities conducted outside 
the areas under its jurisdiction if the activity will provide
conservation benefits to naturally produced salmon in 
streams of concern to the qualified State or qualified tribal 
government, respectively. 
(e) COST SHARING BY QUALIFIED STATES.—
(1) IN
GENERAL.—A qualified State shall 
match, in the aggregate, the amount of any financial 
assistance provided to the qualified State for a fiscal 
year under this Act, in the form of monetary con-
tributions or in-kind contributions of services for 
projects carried out with such assistance. For pur-
poses of this paragraph, monetary contributions by 
the State shall not be considered to include funds re-
ceived 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 ex-
penditures from non-Federal sources for salmon con-
servation 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 duplicative 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 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 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 
qualified 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 
required based solely on the provision of financial assist-
ance 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 suc-
cess 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 Re-
sources of the House of Representatives an annual 
report on the use of financial assistance received by 
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(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 Re-
sources of the House of Representatives a biannual 
report on the use of funds allocated to qualified 
States under this Act. The report shall review pro-
grams 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 Indian Self-Determination and Education Assist-
ance 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 organi-
zational 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 organi-
zational 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).
(I) For purposes of application of this Act 
in Washington and Idaho, Bull trout (salvelinus 
confluentus). 
(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 Inter-
national Pacific Salmon Fisheries Commission 
or the International North Pacific Fisheries 
Commission; 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 
(determined by an actuarial valuation) by or on 
behalf of each such commission to the em-
ployee; and
(B) the value, in Canadian currency, of 
such annuity payments; and 
(3) by not later than September 1, 2004, sub-
mit to the Committee on Resources of the House of 
Representatives and the Committee on Commerce, 
Science and Transportation of the Senate a report 
on the determinations and calculations made under 
paragraphs (1) and (2). 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There 
are 
authorized 
to 
be 
appropriated 
$250,000,000 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 CONGRESS; REQUIREMENT REGARDING 
NOTICE. 
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT 
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial 
assistance provided under this Act, it is the sense of the 
Congress that entities receiving such assistance should, in 
expending the assistance, purchase only equipment and 
products made in the United States. 
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In 
providing financial assistance under this Act, the Sec-
retary shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by 
the Congress. 
(c) REPORT.—Any entity that receives funds under 
this Act shall report any expenditures of such funds on 
items made outside of the United States to the Congress 
within 180 days of the expenditure. 
SEC. 11. 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, Or-
egon 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. 
SEC. 12. REPORT ON EFFECTS ON PACIFIC SALMON 
STOCKS OF CERTAIN TIMBER HARVESTING 
IN CANADA. 
The Secretary, in conjunction with other Federal 
agencies, shall by not later than December 31 of each year 
report to the Congress to the best of the ability of the
Secretary regarding the effects on Pacific Salmon stocks 
of timber harvesting on publicly owned lands in British 
Columbia.
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