[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2798 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2798

To authorize the Secretary of Commerce to provide financial assistance 
to the States of Alaska, Washington, Oregon, and California for salmon 
  habitat restoration projects in coastal waters and upland drainages.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

   Mr. Thompson of California (for himself, Mr. Young of Alaska, Mr. 
  George Miller of California, Ms. Dunn, Mr. Hinchey, Mr. Herger, Mr. 
  DeFazio, Mr. Metcalf, Mr. Dooley of California, Mr. Doolittle, Mr. 
  Udall of Colorado, Mr. Pombo, Mr. Udall of New Mexico, Mr. Wu, Ms. 
  Woolsey, Ms. Hooley of Oregon, Mr. Baird, Mr. Walden of Oregon, Mr. 
   Blumenauer, Mr. Dicks, Ms. Eshoo, Mr. Stark, Ms. Pelosi, and Mrs. 
  Tauscher) 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, and California for salmon 
  habitat restoration projects in coastal waters and upland drainages.

    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 cited as the ``Pacific Salmon Recovery Act of 
1999''.

SEC. 2. SALMON HABITAT RESTORATION ASSISTANCE.

    (a) In General.--The Secretary of Commerce may provide financial 
assistance in accordance with this Act to qualified States and 
qualified tribal governments for salmon habitat restoration activities.
    (b) Subject to Appropriations.--The authority of the Secretary to 
provide assistance under this section is subject to the availability of 
appropriations.
    (c) Allocation.--
            (1) In general.--The Secretary shall allocate to each 
        qualified State an equal share of the amount available each 
        fiscal year for providing that assistance.
            (2) Allocation to tribal governments.--(A) For purposes of 
        paragraph (1) all qualified tribal governments shall be 
        treated, collectively, as a qualified State.
            (B) The amount allocated (collectively) to the qualified 
        tribal governments each fiscal year shall be reallocated among 
        the qualified tribal governments by the Secretary. When 
        reallocating such funds, the Secretary shall give priority to 
        projects which provide the greatest benefit to salmon habitat 
        restoration relative to the cost of the projects and which 
        restore habitat for--
                    (i) salmon that are listed as endangered species or 
                threatened species, proposed for such listing, or 
                candidates for such listing, under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.); or
                    (ii) salmon that are given special protection under 
                the laws of the qualified State or qualified tribal 
                government.
    (d) Limitation on Administrative Expenses.--Of the amount made 
available under this Act each fiscal year to the Secretary, a qualified 
State, or a qualified tribal government, respectively--
            (1) not more than 1 percent may be used by the Secretary 
        for administrative expenses; and
            (2) not more than 3 percent may be used by the qualified 
        State or qualified tribal government for administrative 
        expenses.

SEC. 3. USE OF ASSISTANCE.

    (a) In General.--Amounts provided to a qualified State or qualified 
tribal government under section 2 shall be used by the qualified State 
or qualified tribal government to fund salmon habitat restoration 
projects in accordance with a memorandum of understanding under 
subsection (b).
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 1 year after funds are made 
        available for this Act, a qualified State or qualified tribal 
        government seeking assistance under this Act shall enter into a 
        memorandum of understanding with the Secretary regarding use of 
        the assistance.
            (2) Contents.--The memorandum of understanding 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 
                section for activities that provide a direct and 
                demonstrable benefit to salmon or their habitat;
                    (D) establish specific goals and timelines for 
                activities funded with such assistance;
                    (E) include measurable criteria by which such 
                activities may be evaluated;
                    (F) establish specific requirements for reporting 
                by persons receiving such assistance--
                            (i) to the Governor of a qualified State, 
                        in the case of assistance provided to the 
                        qualified State; or
                            (ii) to the Secretary, in the case of 
                        assistance provided to a qualified tribal 
                        government;
                    (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 protection or 
                        restoration of salmon; and
                    (H) except as provided in subsection (f)(1), 
                require that the State or Tribal government maintain 
                its aggregate expenditures from all other sources for 
                salmon habitat restoration programs at or above the 
                average level of such expenditures in the 2 fiscal 
                years preceding the date of the enactment of this Act.
    (c) Eligible Activities.--Assistance under this section may be used 
for, among other activities, the following:
            (1) Watershed evaluation, assessment, and planning 
        necessary to develop a site-specific and clearly prioritized 
        plan to implement watershed improvements.
            (2) Multiyear grants for watershed planning and project 
        monitoring and evaluation.
            (3) Watershed organization support and assistance.
            (4) Project maintenance and monitoring after completion of 
        project implementation.
            (5) Private sector technical training and education project 
        grants, including teaching private landowners about practical 
        means of improving land and water management practices to 
        contribute to the protection and restoration of salmon habitat.
            (6) Grants to public or private institutions.
            (7) Other activities related to salmon habitat restoration 
        considered appropriate by the Governor of a qualified State or 
        qualified tribal government.
    (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 their jurisdiction if the activity will provide 
conservation benefits to naturally produced salmon in streams of 
concern to the qualified State or qualified tribal government.
    (e) Priority for State Funds.--In using assistance under this Act, 
a qualified State shall give priority to funding projects that restore 
habitat for--
            (1) salmon that are listed as endangered species or 
        threatened species, proposed for such listing, or candidates 
        for such listing, under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.); or
            (2) salmon that are given special protection under the laws 
        of the qualified State or qualified tribal government.
    (f) Cost Sharing.--
            (1) Qualified states.--A qualified State shall match any 
        grant provided under this section. The amount of funds provided 
        by the State in accordance with this paragraph may count toward 
        the sum of aggregate expenditures required under subsection 
        (b)(2)(H).
            (2) Qualified tribal governments.--A qualified tribal 
        government shall pay such portion of the administrative costs 
        of activities carried out with assistance under this section as 
        may be required under any agreements between the tribal 
        government and the United States that otherwise apply to use of 
        such assistance.
    (g) Coordination of Activities.--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.

SEC. 4. PUBLIC PARTICIPATION.

    Each qualified State and each qualified tribal government 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 assistance under this Act.

SEC. 5. CONSULTATION NOT REQUIRED.

    Consultation under section 7 of the Endangered Species Act of 1973 
(16 U.S.C. 1536) shall not be required based solely on the provision of 
assistance under this Act.

SEC. 6. REPORT.

    Not later than 2 years after funds are made available for this Act, 
the Secretary shall submit a report to Congress. The report shall 
contain an evaluation of the success of this Act in meeting the 
criteria listed in section 3(b)(2)(E).

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term is section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Qualified state.--The term ``qualified State'' means 
        each of the States of Alaska, Washington, Oregon, and 
        California.
            (3) Qualified tribal government.--The term ``qualified 
        tribal government'' means the tribal government or Alaska 
        native regional corporation of an Indian tribe--
                    (A) on behalf of which lands located within the 
                boundaries or on the border of a State referred to in 
                paragraph (2) are held in trust by the United States; 
                and
                    (B) that the Secretary determines has an economic 
                or other interest in salmon habitat restoration.
            (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).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this Act $200,000,000.
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