[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1157 Engrossed in House (EH)]
1st Session
H. R. 1157
_______________________________________________________________________
AN ACT
To authorize the Secretary of Commerce to provide financial assistance
to the States of Alaska, Washington, Oregon, California, and Idaho for
salmon habitat restoration projects in coastal waters and upland
drainages, and for other purposes.
107th CONGRESS
1st Session
H. R. 1157
_______________________________________________________________________
AN ACT
To authorize the Secretary of Commerce to provide financial assistance
to the States of Alaska, Washington, Oregon, California, and Idaho for
salmon habitat restoration projects in coastal waters and upland
drainages, 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. SHORT TITLE.
This Act may be cited as the ``Pacific Salmon Recovery Act''.
SEC. 2. SALMON CONSERVATION AND SALMON HABITAT RESTORATION ASSISTANCE.
(a) Requirement To Provide Assistance.--Subject to the availability
of appropriations, the Secretary of Commerce shall provide financial
assistance in accordance with this Act to qualified States and
qualified tribal governments for salmon conservation and salmon habitat
restoration activities.
(b) Allocation.--Of the amounts available to provide assistance
under this section each fiscal year (after the application of section
3(g)), the Secretary--
(1) shall allocate 85 percent among qualified States, in
equal amounts; and
(2) shall allocate 15 percent among qualified tribal
governments, in amounts determined by the Secretary.
(c) Transfer.--
(1) In general.--The Secretary shall promptly transfer--
(A) to a qualified State that has submitted a
Conservation and Restoration Plan under section 3(a)
amounts allocated to the qualified State under
subsection (b)(1) of this section, unless the Secretary
determines, within 30 days after the submittal of the
plan to the Secretary, that the plan is inconsistent
with the requirements of this Act; and
(B) to a qualified tribal government that has
entered into a memorandum of understanding with the
Secretary under section 3(b) amounts allocated to the
qualified tribal government under subsection (b)(2) of
this section.
(2) Transfers to qualified states.--The Secretary shall
make the transfer under paragraph (1)(A)--
(A) to the Washington State Salmon Recovery Board,
in the case of amounts allocated to Washington;
(B) to the Oregon State Watershed Enhancement
Board, in the case of amounts allocated to Oregon;
(C) to the California Department of Fish and Game
for the California Coastal Salmon Recovery Program, in
the case of amounts allocated to California;
(D) to the Governor of Alaska, in the case of
amounts allocated to Alaska; and
(E) to the Office of Species Conservation, in the
case of amounts allocated to Idaho.
(d) Reallocation.--
(1) Amounts allocated to qualified states.--Amounts that
are allocated to a qualified State for a fiscal year shall be
reallocated under subsection (b)(1) among the other qualified
States, if--
(A) the qualified State has not submitted a plan in
accordance with section 3(a) as of the end of the
fiscal year; or
(B) the amounts remain unobligated at the end of
the subsequent fiscal year.
(2) Amounts allocated to qualified tribal governments.--
Amounts that are allocated to a qualified tribal government for
a fiscal year shall be reallocated under subsection (b)(2)
among the other qualified tribal governments, if the qualified
tribal government has not entered into a memorandum of
understanding with the Secretary in accordance with section
3(b) as of the end of the fiscal year.
SEC. 3. RECEIPT AND USE OF ASSISTANCE.
(a) Qualified State Salmon Conservation and Restoration Plan.--
(1) In general.--To receive assistance under this Act, a
qualified State shall develop and submit to the Secretary a
Salmon Conservation and Salmon Habitat Restoration Plan.
(2) Contents.--Each Salmon Conservation and Salmon
Restoration Plan shall, at a minimum--
(A) be consistent with other applicable Federal
laws;
(B) be consistent with the goal of salmon recovery;
(C) except as provided in subparagraph (D), give
priority to use of assistance under this section for
projects that--
(i) provide a direct and demonstrable
benefit to salmon or their habitat;
(ii) provide the greatest benefit to salmon
conservation and salmon habitat restoration
relative to the cost of the projects; and
(iii) conserve, and 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 or
regulations of the qualified State;
(D) in the case of a plan submitted by a qualified
State in which, as of the date of the enactment of this
Act, there is no area at which a salmon species
referred to in subparagraph (C)(iii)(I) spawns--
(i) give priority to use of assistance for
projects referred to in subparagraph (C)(i) and
(ii) that contribute to proactive programs to
conserve and enhance species of salmon that
intermingle with, or are otherwise related to,
species referred to in subparagraph
(C)(iii)(I), which may include (among other
matters)--
(I) salmon-related research, data
collection, and monitoring;
(II) salmon supplementation and
enhancement;
(III) salmon habitat restoration;
(IV) increasing economic
opportunities for salmon fishermen; and
(V) national and international
cooperative habitat programs; and
(ii) provide for revision of the plan
within one year after any date on which any
salmon species that spawns in the qualified
State is listed as an endangered species or
threatened species, proposed for such listing,
or a candidate for such listing, under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
(E) establish specific goals and timelines for
activities funded with such assistance;
(F) include measurable criteria by which such
activities may be evaluated;
(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 conservation and
recovery of salmon;
(H) require that the qualified State maintain its
aggregate expenditures of funds from non-Federal
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; and
(I) ensure that activities funded under this Act
are conducted in a manner in which, and in areas where,
the State has determined that they will have long-term
benefits.
(3) Solicitation of comments.--In preparing a plan under
this subsection a qualified State shall seek comments on the
plan from local governments in the qualified State.
(b) Tribal MOU With Secretary.--
(1) In general.--To receive assistance under this Act, a
qualified tribal government shall enter into a memorandum of
understanding with the Secretary regarding use of the
assistance.
(2) Contents.--Each 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
Act for activities that--
(i) provide a direct and demonstrable
benefit to salmon or their habitat;
(ii) provide the greatest benefit to salmon
conservation and salmon habitat restoration
relative to the cost of the projects; and
(iii) conserve, and 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 ordinances or
regulations of the qualified tribal
government;
(D) in the case of a memorandum of understanding
entered into by a qualified tribal government for an
area in which, as of the date of the enactment of this
Act, there is no area at which a salmon species that is
referred to in subparagraph (C)(iii)(I) spawns--
(i) give priority to use of assistance for
projects referred to in subparagraph (C)(i) and
(ii) that contribute to proactive programs
described in subsection (a)(2)(D)(i);
(ii) include a requirement that the
memorandum shall be revised within 1 year after
any date on which any salmon species that
spawns in the area is listed as an endangered
species or threatened species, proposed for
such listing, or a candidate for such listing,
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(E) establish specific goals and timelines for
activities funded with such assistance;
(F) include measurable criteria by which such
activities may be evaluated;
(G) establish specific requirements for reporting
to the Secretary by the qualified tribal government;
(H) 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 conservation or
recovery of salmon; and
(I) require that the qualified tribal government
maintain its aggregate expenditures of funds from non-
Federal 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.--
(1) In general.--Assistance under this Act may be used by a
qualified State in accordance with a plan submitted by the
State under subsection (a), or by a qualified tribal government
in accordance with a memorandum of understanding entered into
by the government under subsection (b), to carry out or make
grants to carry out, among other activities, the following:
(A) Watershed evaluation, assessment, and planning
necessary to develop a site-specific and clearly
prioritized plan to implement watershed improvements,
including for making multi-year grants.
(B) Salmon-related research, data collection, and
monitoring, salmon supplementation and enhancement, and
salmon habitat restoration.
(C) Maintenance and monitoring of projects
completed with such assistance.
(D) Technical training and education projects,
including teaching private landowners about practical
means of improving land and water management practices
to contribute to the conservation and restoration of
salmon habitat.
(E) Other activities related to salmon conservation
and salmon habitat restoration.
(2) Use for local and regional projects.--Funds allocated
to qualified States under this Act shall be used for local and
regional projects.
(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 its jurisdiction if the activity will provide
conservation benefits to naturally produced salmon in streams of
concern to the qualified State or qualified tribal government,
respectively.
(e) Cost Sharing by Qualified States.--
(1) In general.--A qualified State shall match, in the
aggregate, the amount of any financial assistance provided to
the qualified State for a fiscal year under this Act, in the
form of monetary contributions or in-kind contributions of
services for projects carried out with such assistance. For
purposes of this paragraph, monetary contributions by the State
shall not be considered to include funds received from other
Federal sources.
(2) Limitation on requiring matching for each project.--The
Secretary may not require a qualified State to provide matching
funds for each project carried out with assistance under this
Act.
(3) Treatment of monetary contributions.--For purposes of
subsection (a)(2)(H), the amount of monetary contributions by a
qualified State under this subsection shall be treated as
expenditures from non-Federal sources for salmon conservation
and salmon habitat restoration programs.
(f) Coordination of Activities.--
(1) In general.--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.
(2) Consultation.--Each qualified State and qualified
tribal government receiving assistance under this Act shall
consult with the Secretary to ensure there is no duplication in
projects funded under this Act.
(g) Limitation on Administrative Expenses.--
(1) Federal administrative expenses.--Of the amount made
available under this Act each fiscal year, not more than 1
percent may be used by the Secretary for administrative
expenses incurred in carrying out this Act.
(2) State and tribal administrative expenses.--Of the
amount allocated under this Act to a qualified State or
qualified tribal government each fiscal year, not more than 3
percent may be used by the qualified State or qualified tribal
government, respectively, for administrative expenses incurred
in carrying out this Act.
SEC. 4. PUBLIC PARTICIPATION.
(a) Qualified State Governments.--Each qualified State 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 the assistance.
(b) Qualified Tribal Governments.--Each qualified tribal government
receiving assistance under this Act shall hold public meetings to
receive recommendations on the use of the assistance.
SEC. 5. CONSULTATION NOT REQUIRED.
Consultation under section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) shall not be required based solely on the
provision of financial assistance under this Act.
SEC. 6. REPORTS.
(a) Qualified States.--Each qualified State shall, by not later
than December 31 of each year, submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives an annual report on the use
of financial assistance received by the qualified State under this Act.
The report shall contain an evaluation of the success of this Act in
meeting the criteria listed in section 3(a)(2).
(b) Secretary.--
(1) Annual report regarding qualified tribal governments.--
The Secretary shall, by not later than December 31 of each
year, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives an annual report on the use of
financial assistance received by qualified tribal governments
under this Act. The report shall contain an evaluation of the
success of this Act in meeting the criteria listed in section
3(b)(2).
(2) Biannual report.--The Secretary shall, by not later
than December 31 of the second year in which amounts are
available to carry out this Act, and of every second year
thereafter, submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives a biannual report on the use of
funds allocated to qualified States under this Act. The report
shall review programs funded by the States and evaluate the
success of this Act in meeting the criteria listed in section
3(a)(2).
SEC. 7. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in 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, California,
and Idaho.
(3) Qualified tribal government.--The term ``qualified
tribal government'' means--
(A) a tribal government of an Indian tribe in
Washington, Oregon, California, or Idaho that the
Secretary of Commerce, in consultation with the
Secretary of the Interior, determines--
(i) is involved in salmon management and
recovery activities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
and
(ii) has the management and organizational
capability to maximize the benefits of
assistance provided under this Act; and
(B) a village corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that the
Secretary of Commerce, in consultation with the
Secretary of the Interior, determines--
(i) is involved in salmon conservation and
management; and
(ii) has the management and organizational
capability to maximize the benefits of
assistance provided under this Act.
(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).
(H) For purposes of application of this Act in
Oregon--
(i) Lahontan cutthroat trout (oncorhnychus
clarki henshawi); and
(ii) Bull trout (salvelinus confluentus).
(I) For purposes of application of this Act in
Washington and Idaho, Bull trout (salvelinus
confluentus).
(5) Secretary.--The term Secretary means the Secretary of
Commerce.
SEC. 8. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY COMMISSION
PENSIONERS.
The President shall--
(1) determine the number of United States citizens who--
(A) served as employees of the International
Pacific Salmon Fisheries Commission or the
International North Pacific Fisheries Commission; and
(B) worked in Canada in the course of employment
with that commission;
(2) calculate for each such employee the difference
between--
(A) the value, in United States currency, of the
annuity payments made and to be made (determined by an
actuarial valuation) by or on behalf of each such
commission to the employee; and
(B) the value, in Canadian currency, of such
annuity payments; and
(3) by not later than September 1, 2001, submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science and Transportation of the Senate
a report on the determinations and calculations made under
paragraphs (1) and (2).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $200,000,000 for each of
the fiscal years 2002, 2003, and 2004 to carry out this Act. Funds
appropriated under this section may remain until expended.
SEC. 10. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only equipment and products made in
the United States.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary shall provide to each
recipient of the assistance a notice describing the statement made in
subsection (a) by the Congress.
(c) Report.--Any entity that receives funds under this Act shall
report any expenditures of such funds on items made outside of the
United States to the Congress within 180 days of the expenditure.
SEC. 11. SENSE OF THE CONGRESS REGARDING BIPARTISAN JULY 2000 GOALS.
It is the sense of the Congress that the Congress supports the
bipartisan July 2000 goals, objectives, and recommendations of the
Governors of Idaho, Montana, Oregon and Washington to protect and
restore salmon and other aquatic species to sustainable and harvestable
levels while meeting the requirements of the Endangered Species Act of
1973, the Clean Water Act, the Pacific Northwest Electric Power
Planning and Conservation Act, tribal treaty rights, and executive
orders and while taking into account the need to preserve a sound
economy in Alaska, California, Idaho, Montana, Oregon, and Washington.
SEC. 12. REPORT ON EFFECTS ON PACIFIC SALMON STOCKS OF CERTAIN TIMBER
HARVESTING IN CANADA.
The Secretary, in conjunction with other Federal agencies, shall by
not later than December 31 of each year report to the Congress to the
best of the ability of the Secretary regarding the effects on Pacific
Salmon stocks of timber harvesting on publicly owned lands in British
Columbia.
Passed the House of Representatives June 13, 2001.
Attest:
Clerk.