[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2349 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2349

 To amend the Elwha River Ecosystem and Fisheries Restoration Act with 
  respect to the licensing of certain hydroelectric projects, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 2 (legislative day, July 20), 1994

  Mr. Gorton introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Elwha River Ecosystem and Fisheries Restoration Act with 
  respect to the licensing of certain hydroelectric projects, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1. (a) The Congress finds and declares that--
            (1) salmon and steelhead are important biological, 
        commercial, recreational, and cultural resources in the Olympic 
        Peninsula;
            (2) many salmon and steelhead runs in the Olympic Peninsula 
        have become greatly depleted;
            (3) due to the depressed economy of the Olympic Peninsula 
        region, restoration of salmon and steelhead runs, and 
        establishment of consistent recreational, commercial and tribal 
        fisheries is of critical importance;
            (4) the Congress of the United States recognized the 
        importance of Elwha River anadromous fisheries by the enactment 
        of the Elwha River Ecosystem and Fisheries Restoration Act, 
        Public Law 102-495;
            (5) significant Federal budget limitations make it 
        uncertain whether funding for acquisition and removal of the 
        Elwha dams pursuant to Public Law 102-95 will be provided in 
        the next several years;
            (6) there are other means of enhancing regional anadromous 
        fish populations that appear to be more cost-effective than dam 
        removal; and
            (7) should funds for dam acquisition and removal not be 
        provided, uncertainty over the disposition of the dams creates 
        unacceptable financial risk for the owner of the dams and the 
        local industrial consumer, and threatens a significant number 
        of jobs in the Olympic Peninsula region.
    (b) The purpose of this Act is to provide for the immediate 
restoration of native anadromous fisheries in the Olympic Peninsula in 
order to prevent possible listing of such stocks under the Endangered 
Species Act, to provide reasonable financial security for the owner of 
the Elwha dams and the local industrial consumer, and to protect 
important jobs in the Olympic Peninsula region.
    Sec. 2. For the purposes of this Act the term ``streams of the 
Olympic Peninsula'' means streams which drain from the Olympic National 
Park or the Olympic National Forest, all tributaries of such streams, 
and any other systems in the immediate region which the Secretary deems 
appropriate.
    Sec. 3. Section 5 of the Elwha River Ecosystem and Fisheries 
Restoration Act (Public Law 102-495, 106 Stat. 3173) is amended by 
adding a new subsection (d) as follows:
    ``(d) If by September 30, 1997, the Elwha Project and the Glines 
Project are not acquired pursuant to section 3, the Commission is 
authorized and directed to issue a license for such projects pursuant 
to the Federal Power Act. Such license shall include provisions for 
facility modifications and operational changes that will enhance Elwha 
River anadromous fish populations, but such provisions shall be cost-
effective and economically justifiable over the term of the license.''.
    Sec. 4. Section 9 of the Elwha River Ecosystem and Fisheries 
Restoration Act is amended--
            (1) by striking ``for expenditure through the Assistant 
        Secretary for Fish, Wildlife, and Parks''; and
            (2) by striking ``for expenditure through the National 
        Marine Fisheries Service''.
    Sec. 5. The Elwha River Ecosystem and Fisheries Restoration Act is 
amended by redesignating section 9 as section 10, and by inserting a 
new section as follows:

``SEC. 9. OLYMPIC PENINSULA NATIVE ANADROMOUS FISHERIES RESTORATION.

    ``(a) The Secretary shall immediately prepare a program for the 
restoration of the Olympic Peninsula native anadromous fisheries in 
consultation with the Secretary of Commerce, the State, local Indian 
tribes and other parties that the Secretary may deem appropriate.
    ``(b) Implementation of the program shall commence not later than 
January 1, 1997.
    ``(c) The program shall provide for the recovery and enhancement of 
the native, anadromous fishes of the Olympic Peninsula, consistent with 
the rights of any Indian tribe secured by treaty or other Federal law, 
and applicable State law.
    ``(d) In developing the recovery program, the Secretary--
            ``(1) shall consider the use of experimental fisheries 
        restoration techniques; and
            ``(2) shall ensure that native wild stock will not be 
        adversely affected to a significant extent if hatchery-raised 
        fish are used.''.
    Sec. 6. In addition to the sums authorized to be appropriated by 
the Elwha River Ecosystem and Fisheries Restoration Act, there are 
hereby authorized to be appropriated to carry out the purposes of 
section 9 of the Elwha River Ecosystem and Fisheries Restoration Act 
the sum of $25 million.
                                 <all>