I 
111TH CONGRESS 
1ST SESSION H. R. 3503 
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 
JULY 31, 2009 
Mr. MCDERMOTT (for himself, Mr. PETRI, Mr. BLUMENAUER, Mr. GEORGE 
MILLER of California, Mr. MARKEY of Massachusetts, Mr. MORAN of Vir-
ginia, Mr. CONYERS, Mr. GRIJALVA, Mrs. CAPPS, Mr. FARR, Mr. OLVER, 
Mr. STARK, Mr. SCHIFF, Mr. KENNEDY, Ms. DELAURO, Ms. LEE of 
California, Mr. NADLER of New York, Mr. HONDA, Mr. BERMAN, Ms. 
NORTON, Mr. WEXLER, Mr. PAYNE, Mr. KILDEE, Ms. ESHOO, and Mr. 
GORDON of Tennessee) 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 period to be subsequently determined by the Speaker, in each case for 
consideration 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, 
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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. 
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) Certain species of wild salmon and 
steelhead in the Columbia and Snake River Basin 
are on the brink of extinction 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) These salmon and steelhead have major eco-
nomic, ecological, educational, recreational, sci-
entific, cultural, and spiritual significance to the Na-
tion and its people. 
(3) Thirteen salmon and steelhead species in 
the Columbia and Snake River Basin are listed for 
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protection under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(4) The Federal Government, including Bonne-
ville Power Administration’s ratepayers in the Pa-
cific 
Northwest, 
has 
spent 
more 
than 
$8,000,000,000 on salmon recovery efforts in the 
Columbia and Snake River Basin to date. 
(5) Salmon and steelhead are symbols of the 
Pacific Northwest, support thousands of jobs in 
coastal and inland communities, and serve as an in-
dicator of the health of Northern California, Nevada, 
Alaska, and Pacific Northwest river ecosystems. 
(6) Salmon and steelhead of the Snake River 
are a vital economic resource to communities in 
Alaska, Washington, Oregon, Idaho, and California. 
Restoring Snake River salmon to healthy, self-sus-
taining, harvestable levels will have significant eco-
nomic benefits for these communities as well as com-
munities in Nevada where these fish once returned. 
(7) The original range of Snake River salmon 
included not only their existing habitat in central 
Idaho, northeast Oregon, southeast Washington, the 
mid- and lower Columbia River, and the coastal wa-
ters of Alaska, California, Oregon, and Washington, 
but also habitat in the upper Columbia River and 
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the upper Snake River Basin, including southern 
Idaho, southeast Oregon, and northern Nevada. 
(8) The United States Government has signed 
treaties with Indian tribes in Oregon, Washington, 
Montana, and Idaho and with the Government of 
Canada creating a legally enforceable trust responsi-
bility to restore salmon populations to sustainable, 
harvestable levels. 
(9) Since the construction of 4 Federal dams on 
the lower Snake River in Washington, salmon and 
steelhead populations in the Snake River have sig-
nificantly declined, and all salmon and steelhead 
populations in the Snake River are either already ex-
tinct or listed as endangered species or threatened 
species under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(10) Recent studies indicate that the window of 
time to protect and restore Snake River salmon and 
steelhead is short, with scientists estimating that, if 
changes do not occur, several of the remaining 
Snake River salmon populations could be extinct 
within the next 20 years. 
(11) A federally funded group of State, tribal, 
Federal, and independent scientists found that re-
moving the 4 lower Snake River dams in Wash-
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ington is the surest way to protect and recover 
Snake River salmon and steelhead. Similar conclu-
sions have been reached in studies by the Army 
Corps of Engineers and the Department of Com-
merce. At the same time, it is well understood that 
removing these dams is not a ‘‘silver bullet’’ for the 
recovery of all salmon and steelhead populations in 
the Columbia and Snake River Basin and other ac-
tions are also necessary to further protect and re-
store these fish. 
(12) Removal of the 4 lower Snake River dams 
would affect electricity generation, freight shipping, 
and water supply systems, and these benefits must 
be replaced through other means in order to protect 
local communities, farms, and the regional energy 
supply system. 
(13) The 4 lower Snake River dams currently 
produce renewable electricity. Studies have found 
that the Northwest has ample additional existing 
and potential clean renewable energy sources to cost- 
effectively replace the power produced by these dams 
in a manner that is compatible with broader efforts 
to reduce regional greenhouse gas emissions. 
(14) In the event that the 4 lower Snake River 
dams are removed, their energy benefits should be 
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replaced with cost-effective, clean renewable sources, 
as well as energy efficiency and conservation. 
(15) The removal of the 4 lower Snake River 
dams would bring opportunities to inland Northwest 
communities by opening up 140 miles of free-flowing 
river, and providing needed resources for more effec-
tive and efficient freight transportation systems. 
(16) A Federal court has found that the 4 
lower Snake River dams violate water quality stand-
ards under the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.). 
(17) A significant amount of sediment has built 
up behind Lower Granite Dam, posing a flood risk 
to the city of Lewiston, Idaho, which now sits below 
the height of the lower Snake River. A study by the 
Army Corps of Engineers found that nearly 
$2,000,000,000 worth of buildings and infrastruc-
ture sit in the Clarkston/Lewiston area floodplain 
where they face a growing threat of major damage 
from levee breaching. The same Corps study esti-
mates that the costs of river-dredging and levee-rais-
ing needed to protect these areas could cost tax-
payers hundreds of millions of dollars. 
(18) Global warming is already having and will 
continue to have detrimental effects on Pacific salm-
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on populations. Snake River salmon may be key to 
maintaining and rebuilding salmon populations 
throughout the Columbia and Snake River Basin, as 
their high-elevation spawning grounds are the most 
likely to remain viable in the face of warming tem-
peratures; thus, taking action now to protect these 
salmon is vitally important. 
(19) The Northwest Power and Conservation 
Council commissioned a report in 2000 that con-
cluded that removing the 4 lower Snake River dams 
is a more cost-effective way to restore wild salmon 
and steelhead populations to the Columbia and 
Snake River Basin than strategies that do not in-
clude dam removal. 
(20) Three of the last four biological opinions 
regarding the Columbia and Snake River Federal 
hydrosystem have been found illegal by Federal 
courts. 
(b) PURPOSES.—The purposes 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, and clean 
renewable energy in the Northwest, a reliable and 
affordable freight transportation system, and an eco-
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nomically sustainable salmon recovery program, and 
to maximize the economic benefits from potential 
dam removal while mitigating for its impacts; and 
(2) to ensure that the Northwest and the Na-
tion have completed the necessary planning and eval-
uation to efficiently manage salmon recovery by im-
plementing biologically effective measures and re-
sponding rapidly if and when major new actions are 
determined to be necessary to protect and recover 
salmon and steelhead in the Columbia and Snake 
River Basin. 
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RE-
COVERY EFFORTS. 
(a) IN GENERAL.—Not later than 3 months after the 
date of enactment of this Act, the Secretary of Commerce 
shall enter into an arrangement with the National Acad-
emy of Sciences providing for scientific analysis of Federal 
salmon recovery efforts and submission of a report on the 
results of the analysis in accordance with subsection (c). 
(b) CONTENTS.—For purposes of this section, sci-
entific analysis shall include, at a minimum, a review of 
Snake River dam removal and other actions that may be 
necessary to achieve recovery of salmon and steelhead pop-
ulations of the Columbia and Snake River Basin listed 
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under section 4(c) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(c)). 
(c) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the National Academy of 
Sciences shall submit to the Secretary of Commerce, the 
Secretary of the Army, the Secretary of the Interior, the 
Administrator of the Environmental Protection Agency, 
and to Congress a report on the results of the scientific 
analysis conducted under this section. 
SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVE-
MENTS. 
The Secretary of Transportation shall conduct a 
peer-reviewed analysis of which rail, highway, and Colum-
bia River barge infrastructure improvements would be nec-
essary to ensure a cost-effective and efficient transpor-
tation system for agricultural and other shippers who cur-
rently use barge transportation between Lewiston, Idaho, 
and the confluence of the Snake and Columbia Rivers and 
would be unable to do so if the 4 lower Snake River dams 
were removed. This analysis shall include a review of cost 
increases, if any, of shipping rates and options for ad-
dressing any such cost increases so as to minimize the po-
tential impact on shippers. This analysis shall incorporate 
input and feedback from farmers and other shippers, the 
Washington, Idaho, and Oregon State Departments of 
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Transportation, and other relevant stakeholders in the ag-
ricultural, business, and public interest communities, and 
any suggestions or decisions arrived at through consensus 
deliberations of the same or similar participants. This 
analysis shall be completed and a report thereon submitted 
to Congress within 12 months after the date of the enact-
ment of this Act. 
SEC. 5. STUDY OF ENERGY REPLACEMENT. 
The Secretary of Energy, in consultation with the 
White House Office of Energy and Climate Change, shall 
conduct a peer-reviewed analysis of what energy replace-
ment options exist to replace the power currently gen-
erated by the 4 lower Snake River dams in the event the 
dams are removed. The analysis shall include a review of 
existing, planned, and potential clean renewable energy re-
sources, in addition to energy efficiency, energy conserva-
tion, and combined heat and power projects. This analysis 
shall be completed and a report thereon submitted to Con-
gress within 12 months after the date of enactment of this 
Act. 
SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVI-
TALIZATION. 
The Army Corps of Engineers, in consultation with 
relevant State and local governments and interested par-
ties, shall conduct an analysis of what riverfront revitaliza-
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tion and restoration opportunities would exist in the event 
of the removal of the 4 lower Snake River dams and what 
costs would be incurred to implement such revitalization 
and restoration measures. This work shall focus on river-
front revitalization for Lewiston, Idaho, and Clarkston, 
Washington, but may include other impacted communities 
along the 140 miles of the lower Snake River. This anal-
ysis shall be completed and a report thereon submitted to 
Congress within 12 months after the date of the enact-
ment of this Act, shall include determination of engineer-
ing options and costs, and shall be peer-reviewed generally 
in accordance with section 2034 of Public Law 110–114 
to determine the accuracy of the preferred engineering op-
tions and costs determined by the Army Corps of Engi-
neers. 
SEC. 7. STUDY OF IRRIGATION PROTECTIONS. 
The Secretary of the Interior, acting through the Bu-
reau of Reclamation, shall conduct a peer-reviewed anal-
ysis of the options and costs regarding any needed modi-
fications to affected irrigation systems, cooling systems, 
and private wells if the 4 lower Snake River dams were 
removed. This analysis shall be completed and a report 
thereon submitted to Congress within 12 months after the 
date of the enactment of this Act. 
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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 four lower Snake River dams. 
(b) REVIEW AND UPDATE OF FEASIBILITY STUDY.— 
The Secretary of the Army shall re-evaluate and update 
the U.S. Army Corps of Engineers’ Final Lower Snake 
River Juvenile Salmon Migration Feasibility Report/Envi-
ronmental Impact Statement (February 2002) pursuant 
to new information. The updated feasibility study shall in-
corporate and address, at a minimum, the following: 
(1) Current and expected future climate change 
impacts on Columbia and Snake River salmon and 
steelhead populations and their habitat. 
(2) Replacement of the 4 lower Snake River 
dams’ average energy output (not nameplate capac-
ity) with clean renewable energy resources, including 
energy efficiency and conservation. 
(3) Options for keeping currently irrigated acre-
age intact and under irrigation in a dam removal 
scenario. 
(4) Costs associated with Lower Granite Dam 
reservoir sediment/flood risk mitigation in a non- 
dam-removal scenario. 
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(5) Passive Use Values associated with both 
dam removal and non-dam-removal scenarios. 
(6) Alternate methods for removing the 4 lower 
Snake River dams in addition to the method ana-
lyzed in the 2002 environmental impact statement, 
including but not limited to full dam removal and re-
moving or notching the dams’ concrete portions. 
(c) 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 20 
months after the date of enactment of this Act; 
(2) include in the report determination of engi-
neering options and costs; and 
(3) shall submit the results of the re-evaluation 
and update (including such determination of engi-
neering options and costs) to peer review generally 
in accordance with section 2034 of Public Law 110– 
114 to determine the accuracy of the preferred engi-
neering options and costs. 
SEC. 9. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) CLEAN RENEWABLE ENERGY RESOURCES.— 
For the purposes of this bill the term ‘‘clean renew-
able energy resources’’ means— 
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(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; 
and 
(H) biomass energy based on animal 
waste, food waste, yard waste, or solid organic 
fuels from wood, forest, or field residues, or 
dedicated energy crops, other than— 
(i) wood pieces that have been treated 
with chemical preservatives such as creo-
sote, pentachlorophenol, or copper-chrome- 
arsenic; 
(ii) pulping liquor from paper produc-
tion; 
(iii) wood from old growth forests; or 
(iv) municipal solid waste. 
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(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)). 
(3) 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. 
(C) The Little Goose dam. 
(D) The Lower Granite dam. 
(4) PEER
REVIEW.—The term ‘‘peer review’’ 
has the meaning that term has in section 2034 of 
Public Law 110–114. 
(5) POPULATIONS.—The term ‘‘populations’’ 
means the 13 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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