Elwha River Ecosystem and Fisheries Restoration Act
PL 102-495 (H.R.4844), enacted 10/24/1992

PUBLIC LAW 102-495—OCT. 24, 1992 
106 STAT. 3173 
Public Law 102-495 
102d Congress 
An Act 
To restore Olympic National Park and the Elwha River ecosystem and fisheries 
in the State of Washington. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the "Elwha River Ecosystem 
and Fisheries Restoration Act". 
SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
(a) The term "Administrator" means the Administrator of 
the Bonneville Power Administration. 
(b) The term "Commission" means the Federal Energy 
Regulatory Commission. 
(c) The term "electric power" means electric peaking capac-
ity or electric energy or both. 
(d) The term "Elwha Project" means the Elwha River 
Hydroelectric Proiect, Federal Energy Regulatory Commis-
sion Project Number 2683, including appurtenant works and 
project lands, located on the Elwha River in Clallam County, 
Washington. 
(e) The term "Glines Project" means the Glines Canyon 
Hydroelectric Project, Federal Energy Regulatoiy Commission 
Project Number 588, including appurtenant works and project 
lands, located on private and public lands both within and 
without the exterior boundaries of Olympic National Park on 
the Elwha River in Clallam County, Washington. 
(f) The term "local industrial consumer" means the owner 
of the pulp and paper mill located on Ediz Hook in Port Angeles, 
Washington, that, on the date of enactment of this Act, receives 
and consumes the electric power produced by the Projects, 
or its successors or assignees. 
(g) The term "local preference customer" means Port 
Angeles City Light. 
(h) The term "owner" means the current owner of the 
Projects or its successors or assignees, but shall not mean 
the Secretary, the United States, or any other entity acquiring 
title to the Projects or features thereof pursuant to the terms 
of this Act. 
(i) The term "Park" means Olyinpic National Park. 
(i) The term "Project" or "Projects" means either or both 
the Elwha Project and the Glines Project, including project 
works and appiirtenant lands. 
(k) The term "project replacement power" means electric 
power delivered to the local industrial consumer to replace 
losses of electric power generation from the Projects following 
their acquisition by the Secretary pursuant to this Act, in 
Oct. 24, 1992 
[H.R. 4844] 
Elwha River 
Ecosystem and 
Fisheries 
Restoration Act. 
Conservation. 
106 STAT. 3174 
PUBLIC LAW 102-495—OCT. 24, 1992 
an amount not to exceed 172.088 gigawatthours of energy in 
any year. 
(1) The term "Secretary" means the Secretary of the 
Interior. 
(m) The term "State" means the State of Washington, 
including its agencies and departments. 
SEC. 3. ACQUISITION OF PROJECTS. 
Effective date. 
(a) Effective sixty days after submission to the Congress of 
the report referred to in section 3(c), the Secretary is authorized 
to acquire the Elwha and Glines Canyon Projects, and all rights 
of the owner and local industrial consumer therein, subject to 
the appropriation of funds therefor: Provided, That the Secretary 
shall not acquire the projects unless he has determined pursuant 
to subsection (c) that removal of the Project dams is necessary 
for the full restoration of the Elwha River ecosystem and native 
anadromous fisheries and that funds for that purpose will be avail-
able for such removal within two years afier acquisition. 
(b) The consideration for acquisition of tne Projects shall be 
$29.5 million and no more, to be paid by the Secretary to the 
owner and local industrial consumer at the time of acquisition, 
and shall be conditioned on a release of liability providing that 
all obligations and liabilities of the owner and the local industrial 
consumer to the United States arising from the Projects, based 
upon ownership, license, permit, contract, or other authority, includ-
ing, but not limited to, project removal and any ecosystem, fish 
and wildlife mitigation or restoration obligations, shall, from the 
moment of title transfer, be deemed to have been satisfied: Provided, 
That the United States may not assume or satisfy any liability, 
if any, of the owner or local industrial consumer to any federally 
recognized Indian Tribe nor shall such liability to the Tribe, if 
any, be deemed satisfied without the consent of such Tribe. 
Reports. 
(c) The Secretary shall prepare a report on the acquisition 
of the Projects and his plans for the full restoration of the Elwha 
River ecosystem and the native anadromous fisheries and submit 
such report on or before January 31, 1994, to the Appropriations 
Committees of the United States Senate and the United States 
House of Representatives, as well as to the Committee on Energy 
and Natural Resources of the Senate and the Committees on Energy 
and Commerce, Interior and Insular Affairs, and Merchant Marine 
and Fisheries of the United States House of Representatives. The 
report shall contain, without limitation: 
(1) The precise terms of acquisition of the Projects, with 
an analysis of the costs, in addition to the consideration set 
out in section 3(b), and potential liabilities and benefits, if 
any, to the Federal Government resulting from the acquisition 
and all other actions authorized imder this Act; 
(2) Alternatives, in lieu of dam removal, for the restoration 
of the Elwha River ecosystem and the native anadromous fish-
eries and wildlife of the Elwha River Basin, consistent with 
the management plan of the Park, the rights of any Indian 
tribe secured by treaty or other Federal law, and applicable 
State law. The report shall include feasibility studies for each 
alternative considered and a definite plan for removal. Such 
definite plan shall include the timetable after conveyance for 
removal of the dams £md the plans for removal and disposal 
of sediment, debris, and other materials consistent with all 
PUBLIC LAW 102-495—OCT. 24, 1992 
106 STAT. 3175 
applicable environmental laws and a detailed explanation of 
all costs of removal. In conducting the feasibility studies and 
in the preparation of the definite plan, the Secretary is author-
ized to use the services of any Federal agency on a reimbursable 
basis and the heads of all Federal eigencies are authorized 
to provide such technical and other assistance as the Secretary 
may request. For each alternative considered, the Secretary 
shall estimate total costs, environmental risks and benefits, 
the potential for fiill restoration of the Elwha River ecosystem 
and native anadromous fisheries, and the effect on natural 
and historic resources (together with any comments made by 
the Advisory Council on Historic Preservation for any properties 
which are listed, or eligible for listing, on the National Register 
of Historic Places). 
(3) Specific proposals for management of all lands or 
interests therein acquired pursuant to this Act which are 
located outside the exterior boundaries of the Olympic National 
Park. The Secretary shall specifically address the suitability 
of such lands, or portions thereof, for addition to the National 
Wildlife Refiige System; National Park System; transfer to the 
Lower Elwha Klallam Tribe in trust for tribal housing, cultural, 
or economic development purposes in accordance with a plan 
developed by the Lower Elwha Klallam Tribe in consultation 
with the Secretary; and development and use by the State. 
Upon acquisition, all lands ana interests therein within the 
exterior boundaries of the Park shall be managed piu'suant 
to authorities otherwise appUcable to the Park. For the pur-
poses of protecting the Federal investment in restoration, that 
portion of the river outside the Park on which the Federal 
Grovemment will acquire both banks shall, upon such acquisi-
tion, be managed in accordance with the declared policy of 
section 1(b) of Public Law 90-542, except that modifications 
necessary to restore, protect, and enhance fish resources and 
to protect the existing quality of water supplied fi:om the river 
are hereby authorized. 
(4) Specific proposals and any Federal funding and the 
availability of that fiinding that may be necessary to protect 
the existing quality and availabihty of water fi"om the Elwha 
River for municipal and industrial use fi:t)m possible adverse 
impacts of dam removal. 
(5) Identification of any non-Federal parties or entities, 
excluding Federally recognized Indian tribes, which would 
directly benefit from the commercial, 
recreational, 
and 
ecological values that would be enhanced by the restoration 
of the Elwha River ecosystem and fisheries, if the Secretary 
beUeves that such parties or entities should assume some por-
tion of the cost involved in the restoration, together with the 
specific cost-share provisions which the Secretory deems nec-
essary and reasonable. 
(d) In preparing his report, the Secretary shall consult with 
appropriate State and local officials, afiected Indian tribes, the 
Commission, the Environmental Protection Agency, the Secretary 
of Energy, the Administrator, the Pacific Northwest Power Planning 
Council, the Secretary of Commerce, and of the Advisory Council 
on Historic Preservation, as well as interested members of the 
public. In addition, the Secretary shall afford an opportunity for 
106 STAT. 3176 
PUBLIC LAW 102-495—OCT. 24, 1992 
public comment on the report prior to its submission to the 
Congress. 
(e) Upon the appropriation of the sum provided for in section 
3(b) for tne acquisition of the Projects and the determination that 
dam removal is necessary, the owner and local industrial consumer 
shall convey to the United States, through the Secretary, title 
to the Projects, including all property and all other rights and 
interests. Upon such conveyance and pa3rment of the consideration 
as provided in section 3(b), and without further action by the 
United States, title shall transfer and vest in the United States, 
the owner and local industrial consimier shall be released from 
any further liability to the United States, as provided in section 
3(b), and the acquisition from the owner and local industrial 
consumer shall be deemed to be completed. 
EfTective date. 
SEC. 4. ECOSYSTEM AND FISHERIES RESTORATION. 
(a) Effective sixty days after submission of the report referred 
to in section 3(c) and following the conveyance in section 3(e), 
the Secretary is authorized and directed, subject to the appropria-
tion of funds therefor, to take such actions as are necessary to 
implement— 
(1) the definite plan referred to in section 3(cX2) for the 
removal of the dams and full restoration of the Elwha River 
ecosystem and native anadromous fisheries; 
(2) management of lands acquired pursuant to this Act 
which are located outside the exterior boundaries of the Park; 
and 
(3) protection of the existing quality and availability of 
water from the Elwha River for municipal and industried uses 
frompossible adverse impacts of dam removal. 
(b) The definite plan referred to section 3(cX2) must include 
all actions reasonably necessary to maintain and protect existing 
water quality for the City of Port Angeles, Dry Creek Water Associa-
tion, and the industrial users of Elwha River water against adverse 
impacts of dam removal. The cost of such actions, which may 
include as determined by the Secretary, if reasonably necessary, 
design, construction, operation and maintenance of water treatment 
or related facilities, shall be borne by the Secretary. Funds may 
not be appropriated for removal of the dams, unless, at the same 
time, funds are appropriated for actions necessary to protect existing 
water quality. 
(c) Nothing in this section shall be construed as an entitlement 
for which a claim against the United States may be made under 
the Tucker Act. 
SEC. 
5
. 
PROJECT 
OPERATION 
AND 
REPLACEMENT 
POWER. 
(a) Notwithstanding any other provision of law, neither the 
Federal Energy Regulatory Commission nor any other agency of 
the Federal Government shall have the authority or jurisdiction 
to issue a permanent license or similar order with respect to either 
Project prior to conveyance as provided in section 3(e), except that 
the Commission shall have jurisdiction under the Federal Power 
Act and is hereby authorized and directed to issue or maint£dn 
in effect annual licenses or authorizations for both Projects, 
authorizing continued operation of both Projects by the owner and 
local industrial consumer, such operation to be under such terms 
and conditions and in accordance with such practices as existed 
on September 1, 1992, imtil (1) the date the Secret£uy has acquired 
PUBLIC LAW 102-495—OCT. 24, 1992 
106 STAT. 3177 
title to the Projects or (2) if the Secretary's report required in 
section 3(c) does not provide for dam removal, five years after 
the expiration of the current annual license or authorization then 
in effect, after which time the Commission shall have authority 
under the Federal Power Act to issue appropriate licenses with 
respect to such Projects to the extent the Commission has jurisdic-
tion over such Projects imder such Act on the date of enactment 
of this Act. 
(b) To ensure the availability of adequate electric power supplies 
to the operating faciUties of the local industrial consumer, the 
Administrator shall, following acquisition of the Projects pursuant 
to this Act, deliver all project replacement power required by the 
operating faciUties of the local industrial consumer through the 
local preference ciistomer at a rate equal to the priority firm rate, 
or the rate which is then the equivalent of the priority firm rate 
if that designation is no longer used by the Administrator, as 
such rate is fixed by the Administrator from time to time, without 
regard to any new large single load determinations or similar 
factors. The local industrial consumer shall pay the local preference 
customer for such project replacement power at the same rate 
as all other industrial consumers of the local preference customer. 
(c) Upon conveyance of the Projects to the United States, the 
Secretary shall maintain the dams in a safe condition for the 
period prior to their removal. 
SEC. 6. LEASE OF FEDERAL LANDS. 
(a) LEASE OF LANDS TO THE CITY OF PORT ANGELES.—After 
the Secretary makes the determination to remove the dams and 
actually acquires the projects and funds are appropriated for such 
conveyance and removal, the Secretary is authorized to issue a 
lease to the City of Port Angeles, Washington, for those lands 
situated on Ediz Hook, Clallam County, Washington, currently 
leased to the City under Lease No. DOT-CG13-4811-72, dated 
April 4, 1972, as amended, except for that parcel of land described 
in subsection (bX2). Such lease shall be issued pursuant to the 
Act of June 14, 1926, as amended (43 U.S.C. 869), for a period 
of 99 years, beginning on a date to be determined by the Secretary, 
without right of patent. 
(b) LEASE OF LANDS TO THE LOWER ELWHA KLALLAM TRIBE.— 
(1) After the Secretary makes the determination to remove the 
dams and actually acquires the Projects and funds are appropriated 
for such conveyance and removal, the Secretary is authorized to 
lease to the Lower Elwha Klallam Tribe that parcel of land situated 
on Ediz Hook, Clallam County, Washington, described in paragraph 
(2) for the purposes of the construction and operation of a tribal 
cultural facility, such as a longhouse or a museum, and associated 
interpretive and parking facilities. Such lease shall be issued pursu-
ant to the Act of June 14, 1926, as amended (43 U.S.C. 869), 
for a period of ninety-nine years beginning on a date determined 
by the Secretary, without right of patent. 
(2) The parcel of land to be leased to the Lower Elwha Klallam 
Tribe is that parcel of land lying south of the existing roadway 
and extending southward to the southern boundary of the land 
currently leased to the City of Port Angeles (Lease No. DOT-
CG13-4811-72, dated April 4, 1972, as amended) and beginning 
at the north-south line 200 feet east of the western boundary 
106 STAT. 3178 
PUBLIC LAW 102-495—OCT. 24, 1992 
of Out Lot 6 and running easterly 600 feet to the north-south 
line 300 feet west of the eastern boundary of Out Lot 6. 
(3) In addition to the general terms and conditions applicable 
iinder the Act of June 14, 1926, as amended (43 U.S.C. 869), 
the lease to the Tribe shall be subject to the following terms 
and conditions: 
(A) There shaU be public access to the beach along the 
south side of the parcel at all times. 
(B) The City of Port Angeles shall have the right to con-
struct and maintain a waterfront trail adjacent to the existing 
roadway along the north side of the parcel, the location of 
which shall be determined in conjunction with the Secretary. 
(C) Parking facilities on the parcel shall be open to the 
public at all times. 
(c) In addition to the terms and conditions described in this 
section for the leases to the City and the Tribe, the Secretary 
shall incorporate by reference into each lease the Agreement entered 
into on August 11, 1992, between the City and the Tribe regarding 
the use of the adjacent leaseholds. 
SEC. 7. TRIBAL LAND ACQUISITION AND DEVELOPMENT. 
(a) After the Secretary makes the determination to remove 
the dams and actually acquires the Projects and funds are appro-
priated for such conveyance and removal, the Secretary is author-
ized to acquire bv purchase, and hold in trust in reservation status 
for the benefit of the Lower Elwha Klcdlam Tribe, lands in Clallam 
County, Washington, for housing, economic development, and moor-
age for the Tribal commercial fishing fleet. 
Appropriation 
(b) There is authorized to be appropriated an amount not 
authorization. 
^ exceed $4,000,000 to carry out the land acquisition purposes 
of this section. 
SEC. 8. SAVINGS. 
(a) Nothing in this Act shall abridge or modify existing rights 
to Elwha River water. 
(b) Nothing in this Act shall affect the rights of any Indian 
Tribe secured by Treaty or other law of the United States. 
(c) This Act does not modify any of the Administrator's obliga-
tions or require the Administrator to take any actions regarding 
the protection, mitigation, or enhcuicement of fish and wildlife or 
expand those provided for under the Pacific Northwest Power Plan-
ning and Conservation Act, Public Law 96-501. Notwithststnding 
any other provision of law, the Administrator shall not be required 
to make any expenditures from the Bonneville Power Administra-
tion fund for the operation, maintenance, rehabilitation, improve-
ment, or removal, breach, or bypass of the Projects. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary of 
the Interior for expenditure through the Assistant Secretary for 
Fish, Wildlife, and Parks and to uie Secretary of Conmierce for 
PUBLIC LAW 102-495—OCT. 24, 1992 
106 STAT. 3179 
expenditure through the National Marine Fisheries Service such 
sums as may be necessary to cany out the purposes of this Act: 
Provided, That such authorization shall not become effective until Effective date. 
sixty days following submission of the report provided for in section 
(3Xc) of this Act. 
Approved October 24, 1992. 
LEGISLATIVE HISTORY—H.R. 4844: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, considered and passed House. 
Oct. 7, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 138 (1992): 
Oct. 24, Presidential statement.