[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3882 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3882

 To require the Secretary of the Army to conduct studies and to carry 
 out ecosystem restoration and other protective measures within Puget 
    Sound, Washington, and adjacent waters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2000

     Mr. Inslee (for himself, Mr. Dicks, Mr. Metcalf, Mr. Smith of 
  Washington, Mr. Baird, and Mr. McDermott) introduced the following 
    bill; which was referred to the Committee on Transportation and 
 Infrastructure, and in addition to the Committee on Resources, 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 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Army to conduct studies and to carry 
 out ecosystem restoration and other protective measures within Puget 
    Sound, Washington, and adjacent waters, 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. PUGET SOUND ECOSYSTEM RESTORATION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Army (in this section referred to as 
the ``Secretary'') shall conduct studies and carry out ecosystem 
restoration and other protective measures within Puget Sound, 
Washington, and adjacent waters and associated estuary and near-shore 
habitat, including--
            (1) the 17 watersheds that drain directly into Puget Sound;
            (2) Admiralty Inlet;
            (3) Hood Canal;
            (4) Rosario Strait; and
            (5) the eastern portion of the Strait of Juan de Fuca.
    (b) Implementation.--
            (1) In general.--The Secretary shall use funds made 
        available to carry out this section to carry out ecosystem 
        restoration and other protective measures (including 
        environmental improvements related to facilities of the Corps 
        of Engineers in existence on the date of enactment of this Act) 
        determined by the Secretary to be feasible based on--
                    (A) the studies conducted under subsection (a); or
                    (B) analyses conducted before such date of 
                enactment by non-Federal interests.
            (2) Criteria and procedures for review and approval.--In 
        consultation with the Secretary of Commerce and the Governor of 
        the State of Washington, the Secretary shall develop criteria 
        and procedures consistent with the National Marine Fisheries 
        Service and State fish restoration goals and objectives for 
        reviewing and approving analyses described in paragraph (1)(B) 
        and the protective measures proposed in those analyses. The 
        Secretary shall use prior studies and plans to identify project 
        needs and priorities wherever practicable.
            (3) Prioritization of projects.--In prioritizing projects 
        for implementation under this subsection, the Secretary shall 
        consult with public and private entities active in watershed 
        planning and ecosystem restoration in Puget Sound watersheds, 
        including the Salmon Recovery Funding Board, the Northwest 
        Straits Commission, Hood Canal Coordinating Council, county 
        watershed planning councils, and salmon enhancement groups, and 
        give full consideration to their priorities for projects.
    (c) Public Participation.--In developing and implementing 
protective measures under subsections (a) and (b), the Secretary shall 
provide for public review and comment in accordance with applicable 
Federal law, including--
            (1) providing advance notice of public meetings;
            (2) providing adequate opportunity for public input and 
        comment;
            (3) maintaining appropriate records; and
            (4) compiling a record of the proceedings of meetings.
    (d) Compliance With Applicable Law.--In developing and implementing 
protective measures under subsections (a) and (b), the Secretary shall 
comply with applicable Federal law, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (e) Cost Sharing.--
            (1) In general.--Studies and technical assistance provided 
        to determine the feasibility of protective measures under 
        subsections (a) and (b) shall--
                    (A) be considered to be project costs; and
                    (B) be shared by non-Federal interests during 
                project implementation in accordance with this 
                subsection.
            (2) Non-federal share.--Subject to paragraph (4), the non-
        Federal share of the cost of the protective measures shall be 
        35 percent; except that if a project would otherwise be 
        eligible for cost-sharing under section 1135 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2294 note), the 
        non-Federal share of the cost of the protective measures for 
        the project shall be 25 percent.
            (3) In-kind contributions.--Not more than 80 percent of the 
        non-Federal share may be provided in the form of services, 
        materials, supplies, or other in-kind contributions necessary 
        to carry out the protective measures.
            (4) Federal share.--The Federal share of the cost of any 
        single protective measure shall not exceed $5,000,000.
            (5) Operation and maintenance.--The operation and 
        maintenance of the protective measures shall be a non-Federal 
        responsibility.
            (6) Tribal cost-sharing.--The Secretary shall waive the 
        first $200,000 in non-Federal cost share for all studies and 
        projects cosponsored by federally recognized Indian tribes.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated not to exceed $125,000,000 to pay the Federal share of the 
cost of carrying out this section.
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