Chehalis River Basin Fishery Resources Study and Restoration Act of 1990
PL 101-452 (H.R.3787), enacted 10/24/1990

104 STAT. 1054 
PUBLIC LAW 101-452—OCT. 24, 1990 
Public Law 101-452 
101st Congress 
An Act 
Oct. 24, 1990 
To authorize a joint Federal, State, £uid Tribal study for the restoration of the fishery 
[H.R. 3787] 
resources of the Chehalis River Basin, Washington, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Chehalis River 
United States of America in Congress assembled. 
Basin Fishery 
Resources Study 
SECTION 1. SHORT TITLE. 
A^o^m*''"' 
This Act may be cited as the "Chehalis River Basin Fishery 
Resources Study and Restoration Act of 1990". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Chehalis River Basin in southwestern Washington, 
including Grays Harbor and its tributsuies, has approximately 
1,400 separate rivers and streams totaling nearly 3,400 miles in 
length which flow into the Pacific Ocean through Grays Harbor, 
a major west coast estuarine system. 
(2) The Basin historically produced large runs of anadromous 
and resident fish that supported important commercial, rec-
reational, and tribal fisheries within the Basin and off the coast 
of the States of Washington and Alaska and Canada; however, 
the population of these fishery resources is less than one-half 
the levels that occurred prior to 1935. 
(3) The decline in productivity of the Chehalis system is 
thought to result from a number of activities. Ongoing studies 
by the State of Washington and others have linked significant 
mortality of Chehalis River salmon to water quality degrada-
tion, sedimentation of spawning gravels, reduced stream flows, 
and reduced spawning escapements. 
(4) The Federsd Grovemment has a substantial interest in the 
fishery 
resources 
of 
the 
Basin 
because 
important 
interjurisdictional (including international) and tribal fisheries 
are involved and several federally constructed, permitted, and 
licensed water projects are located in the Basin. 
0>) PURPOSES.—The purposes of this Act are— 
(1) to require a comprehensive study of the causes of the 
decline of fishery resources originating in the Chehalis River 
Basin; 
(2) to develop recommendations for a program to address the 
causes of those declines; and 
(3) to restore those fishery resources in a reasonable period of 
time. 
SEC. 3. JOINT FEDERAL, STATE, AND TRIBAL STUDY AND RECOMMENDA-
TIONS. 
(a) STUDY.—Subject to section 5, the Director of the United States 
Fish and Wildlife Service shall undertake a comprehensive study of 
the fishery resources and habitats of the Basin and, on the basis of 
such study, develop goals and recommend short- and long-term 
49-139 O - 90 (452) 
PUBLIC LAW 101-452—OCT. 24, 1990 
104 STAT. 1055 
actions for achieving those goals and maximizing the restoration 
and conservation of those fishery resources and habitats. The 
Director shall submit the study, goals, and recommended short- and 
long-term actions to the Congress before October 1,1992. 
(b) PARTICIPATION OF STATE OF WASHINGTON.— 
(1) INVITATION.—In carrying out subsection (a), the Director 
shall invite the heads of the departments of Fisheries, Wildlife, 
and Ecology of the State of Washington to participate jointly in 
undertaking the study and developing goals and recommending 
actions. 
(2) 
MEMORANDUM OF UNDERSTANDING.—The Director, 
the 
head of the Council of the Chehalis Tribe, the head of the 
Council of the Quinault Indian Nation, and each head of a State 
department participating pursuant to paragraph (1), shall enter 
into a memorandum of understanding setting forth the respec-
tive responsibilities of each entity in canying out the study and 
making recommendations regarding fishery resource restora-
tion under subsection (a). 
(c) CONSULTATION.—In carrying out this Act, the Director shall, to 
the maximum extent practicable, consult with the National Marine 
Fisheries Service, Army Corps of Engineers, Environmental Protec-
tion Agency, Federal Energy Regulatory Commission, Soil Conserva-
tion Service, State of Washington agencies, including the Depart-
ment of Natural Resources, the Northwest Indian Fisheries 
Commission, affected local governments, appropriate commercial, 
recreational, and Tribal fishing interests, other affected or in-
terested entities, and (if the joint participation referred to in this 
section is not effected) the heads of the Departments of Fisheries, 
Wildlife, and Ecology of the State of Washington. 
(d) MAPS.—The Director shall prepare and maintain maps depict-
ing the Chehalis River Bsisin for use in fulfilling the purposes of this 
Act. 
SEC. 4. STUDY CONTENTS. 
The study under section 3 shall take advantage of and build upon 
ongoing watershed planning and research efforts to identify fishery 
resource problems in the basin to complete the following: 
(1) DESCRIPTION OF BASIN.—A physical, hydrographic, eco-
nomic, and social description of the Basin. 
(2) HISTORICAL FISHERY RESOURCES AND HABITATS.—A histori-
cal account of the fishery resources and habitats of the Basin. 
(3) DESCRIPTION OF FISHERY RESOURCES AND HABITATS.—A com-
prehensive description of the fishery resources and habitats of 
the Basin, including— 
(A) population estimates of fishery resources in the Basin 
that are of sport or commercial value, important forage 
resources, or otherwise of significance; 
(B) an analysis of the current status and trends of the 
Basin's fishery resources and their use, and the cause of 
any decline in population of each such species, including 
the extent and causes of environmental problems in Grays 
Harbor and the lower Chehalis River and other impedi-
ments to smolt and adult migration in the Basin; 
(C) an identification of the location, quantity, and extent 
of utilization of existing adult holding, spawning, and juve-
nile rearing habitat, as well as the location of degraded fish 
habitat, and impediments to use of potential adult holding, 
spawning, and juvenile rearing habitat in the Basin; 
104 STAT. 1056 
PUBLIC LAW 101-452—OCT. 24, 1990 
(D) estimates of instream flows needed where insufficient 
stream flows occur due to human activities and develop-
ment of instream flow strategies to address these problems; 
and 
(E) a projection of the problems that the species identified 
as a result of subparagraph (A) are expected to encounter in 
the future. 
(4) EFFECTS OF LAND USE ON FISHERY RESOURCES.—An analysis 
of how Basin characteristics and past, current, and projected 
land and water use within the Basin have affected, and can be 
expected to affect, its fishery resources and habitats, including 
documentation of the nature, source, and magnitude of point 
and nonpoint pollution, sedimentation, and runoff characteris-
tics. 
(5) REVIEW AND EVALUATION OF AVAILABLE INFORMATION AND 
RESTORATION STUDIES AND ACTIONS.—(A) A review of past and 
ongoing research on the decline of Chehalis Basin fishery re-
sources and the results of existing or previous attempts to 
address the declines. 
(B) Based on the review under subparagraph (A), an evalua-
tion of the adequacy of the information that is currently avail-
able, and specification of the additional types, quantity, and 
periodicity of information that must be obtained, for the pur-
poses of restoring and conserving the fishery resources and 
habitats of the Basin. 
(6) FEDERAL, STATE, TRIBAL, AND LOCAL GOVERNMENT ROLES.—A 
discussion of Federal, State, Tribal, and local government statu-
tory authorities and programs that pertain to the conservation 
and restoration of the fishery resources and habitats of the 
Beisin, with particular attention being given to the fishery 
management plans and programs of those jurisdictions and the 
relationship to applicable private fishery conservation and 
management activities. 
(7) RESTORATION PROGRAM RECOMMENDATIONS AND RESPON-
siBiUTiES.—A comprehensive statement of fishery resource res-
toration goals and objectives for fish originating in the Basin 
and the remedial actions and programs necessary to achieve 
those goals and objectives. The statement shall designate the 
authorities responsible, together with a projected timetable, for 
taking such actions and carrjdng out such programs. In addi-
tion, the statement shall prescribe the areas and priorities for 
any additional studies needed to restore fishery resources in the 
Basin. 
SEC. 5. COST SHARING. 
(a) REQUIREMENT FOR SHARING.—The State of Washington may 
not participate in undertaking the study under section 3, including 
developing goals and recommending actions for the restoration and 
conservation of the fishery resources and habitats of the Basin, 
unless the Director is satisfied that non-Federal and nontribal 
participants in the study will pay in the aggregate at least one-sixth 
of the cost of the study. 
(b) IN-KIND CONTRIBUTIONS.— 
(1) IN GENERAL.—The non-Federal share required by subsec-
tion (a) may be in the form of cash or services, or other in-kind 
contributions, fairly valued, including the time of State employ-
ees not funded from Federal sources. 
Regulations. 
(2) QUALIFICATIONS AND OTHER STANDARDS.—The Director 
shall by regulation establish— 
PUBLIC LAW 101-452—OCT. 24, 1990 
104 STAT. 1057 
(A) the training, experience, and other qualifications Volunteers. 
which volunteers must have in order for their services to be 
considered as in-kind contributions; and 
(B) the standards under which the Director will deter-
mine the value of in-kind contributions for purposes of this 
subsection. 
Valuations made by the Director under this subsection are final 
and not subject to judicial review. 
(c) LIMITATION.—The Director shall not consider the expenditure, 
either directly or indirectly, of Federal moneys received by the State 
of Washington or any local government of such a State, to be a 
financial contribution from a non-Federal source. For purposes of 
this section, funds provided to the tribes under authority of the 
Indian Self-Determination Act (25 U.S.C. 450f-450n) shall not be 
considered Federal moneys. 
SEC. 6. DEFINITIONS. 
As used in this Act: 
(1) BASIN.—The term "Basin" means the Chehalis River Basin 
in the State of Washington, including the Chehalis River in 
southwestern Washington and its drainage basin as well as 
Grays Harbor and the remainder of its drainage basin. 
(2) DIRECTOR.—The term "Director" means the Director of the 
United States Fish and Wildlife Service, acting for the Sec-
retary of the Interior. 
(3) 
FISHERY 
RESOURCES.—The term 
"fishery 
resources" 
means— 
(A) any stock of fish; 
(B) one or more stocks of fish that can be treated as a unit 
for purposes of conservation and management and that are 
identified on the basis of geographic, scientific, recreational, 
or economic considerations; 
(C) any species of fish; or 
(D) any habitat of fish. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Director not more 
than $2,500,000 to carry out this Act, to remain available until 
expended. One-fifth of any amounts appropriated under the author-
ity of this section shall be made available to the Chehalis Tribe and 
the Quinault Indian Nation to carry out their responsibilities under 
a memorandum of understanding entered into pursuant to section 
3(b). 
Approved October 24, 1990. 
LEGISLATIVE HISTORY—H.R. 3787: 
HOUSE REPORTS: No. 101-594 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 101-485 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 16, considered and passed House. 
Oct. 8, considered and passed Senate.