[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1157 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1157

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2001

 Mr. Thompson of California (for himself, Mrs. Bono, Mr. Calvert, Mr. 
 Cunningham, Mr. Doolittle, Ms. Dunn, Mr. Gallegly, Mr. Greenwood, Mr. 
  Hansen, Mr. Herger, Mr. Horn, Mr. Hunter, Mr. Issa, Mr. McKeon, Mr. 
 Ose, Mr. Otter, Mr. Pombo, Mr. Radanovich, Mr. Simpson, Mr. Walden of 
  Oregon, Mr. Young of Alaska, Mr. Baca, Mr. Baird, Mr. Becerra, Mr. 
     Berman, Mr. Blumenauer, Mrs. Capps, Mr. Condit, Mrs. Davis of 
   California, Mr. Dicks, Mr. DeFazio, Mr. Dooley of California, Mr. 
 English, Ms. Eshoo, Mr. Farr of California, Mr. Filner, Mr. Hinchey, 
 Mr. Honda, Ms. Hooley of Oregon, Mr. Inslee, Mr. Lewis of California, 
Mr. Lantos, Mr. Larsen of Washington, Ms. Lee, Ms. Lofgren, Mr. Matsui, 
Mr. McDermott, Mr. McGovern, Ms. Millender-McDonald, Mr. George Miller 
   of California, Mrs. Napolitano, Ms. Pelosi, Mr. Reyes, Ms. Roybal-
Allard, Ms. Sanchez, Ms. Solis, Mr. Sherman, Mr. Schiff, Mr. Stark, Mr. 
Stupak, Mrs. Tauscher, Mr. Udall of Colorado, Mr. Udall of New Mexico, 
  Ms. Waters, Ms. Woolsey, and Mr. Wu) 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, 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 in a 
        lump sum--
                    (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) an Alaska Native village or regional or 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. PACIFIC SALMON TREATY.

    (a) Transboundary Panel Representation.--
            (1) In general.--Section 3 of the Pacific Salmon Treaty Act 
        of 1985 (16 U.S.C. 3632) is amended by redesignating 
        subsections (f), (g), and (h) in order as subsections (g), (h), 
        and (i), and by inserting after subsection (e) the following:
    ``(f) Transboundary Panel.--The United States shall be represented 
on the transboundary Panel by seven Panel members, of whom--
            ``(1) one shall be an official of the United States 
        Government with salmon fishery management responsibility and 
        expertise;
            ``(2) one shall be an official of the State of Alaska with 
        salmon fishery management responsibility and expertise; and
            ``(3) five shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the transboundary 
        Panel is responsible.''.
            (2) Conforming amendments.--
                    (A) Subsection (g) of section 3 of the Pacific 
                Salmon Treaty Act of 1985 (16 U.S.C. 3632), as 
                redesignated by paragraph (1) of this subsection, is 
                amended--
                            (i) by striking ``and (e)(2)'' and 
                        inserting ``(e)(2), and (f)(2)'';
                            (ii) by striking ``and (e)(4)'' and 
                        inserting ``(e)(4), and (f)(3)''; and
                            (iii) by striking ``The appointing 
                        authorities listed above'' and inserting ``For 
                        the southern, northern, and Frazier River 
                        Panels, the appointing authorities listed 
                        above''.
                    (B) Subsection (h)(2) of section 3 the Pacific 
                Salmon Treaty Act of 1985 (16 U.S.C. 3632), as 
                redesignated by paragraph (1) of this subsection, is 
                amended by striking ``and southern'' and inserting ``, 
                southern, and transboundary''.
                    (C) Section 9 of the Pacific Salmon Treaty Act of 
                1985 (16 U.S.C. 3638) is amended by striking ``9(g)'' 
                and inserting ``9(h)''.
    (b) Compensation and Expenses for United States Representatives on 
Northern and Southern Fund Committees.--
            (1) Compensation.--Section 11 of the Pacific Salmon Treaty 
        Act of 1985 (16 U.S.C. 3640) is amended by redesignating 
        subsections (c) and (d) in order as subsections (d) and (e), 
        and by inserting after subsection (b) the following:
    ``(c) Compensation for Representatives on Northern Fund and 
Southern Fund Committees.--United States Representatives on the Pacific 
Salmon Treaty Northern Fund Committee and Southern Fund Committee who 
are not State or Federal employees shall receive compensation at the 
minimum daily rate of pay payable under section 5376 of title 5, United 
States Code, when engaged in the actual performance of duties for the 
United States Section or for the Commission.''.
            (2) Expenses.--Subsection (d) of such section, as so 
        redesignated, is amended by inserting ``members of the Northern 
        Fund Committee, members of the Southern Fund Committee,'' after 
        ``Joint Technical Committee,''.
            (3) Clerical Amendments.--
                    (A) In general.--Section 11 of the Pacific Salmon 
                Treaty Act of 1985 (16 U.S.C. 5332) is amended--
                            (i) in subsection (a) by striking ``at the 
                        daily rate of GS-18 of the General Schedule'' 
                        and inserting ``at the maximum daily rate of 
                        pay payable under section 5376 of title 5, 
                        United States Code,''; and
                            (ii) in subsection (b) by striking ``at the 
                        daily rate of GS-16 of the General Schedule'' 
                        and inserting ``at the minimum daily rate of 
                        pay payable under section 5376 of title 5, 
                        United States Code,''.
                    (B) Application.--The amendments made by 
                subparagraph (A) shall not apply to Commissioners, 
                Alternate Commissioners, Panel Members, and Alternate 
                Panel Members (as those terms are used in section 11 of 
                the Pacific Salmon Treaty Act of 1985) appointed before 
                the effective date of this subsection.
    (c) Authorization of Appropriations.--
            (1) Clerical amendment.--Section 623 of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2000, as enacted by section 
        1000(a)(1), Division B of Public Law 106-113 (16 U.S.C. 3645) 
        is redesignated and moved so as to be section 16 of the Pacific 
        Salmon Treaty Act of 1985.
            (2) Authorization of appropriations.--Subsection (d) of 
        such section is amended to read as follows:
    ``(d) Authorization of Appropriations.--For capitalizing the 
Northern Fund and Southern Fund established under the 1999 Pacific 
Salmon Treaty Agreement and related agreements, there are authorized to 
be appropriated a total of $75,000,000 for the Northern Fund and a 
total of $65,000,000 for the Southern Fund for fiscal years 2001, 2002, 
2003, and 2004, for the implementation of those agreements.''.

SEC. 9. TREATMENT OF INTERNATIONAL FISHERY COMMISSION PENSIONERS.

    For United States citizens who served as employees of the 
International Pacific Salmon Fisheries Commission and the International 
North Pacific Fisheries Commission (in this section referred to as the 
``Commissions'') and who worked in Canada in the course of employment 
with those commissions, the President shall--
            (1) calculate the difference in amount between the 
        valuation of the Commissions' annuity for each employee's 
        payment in United States currency and in Canadian currency for 
        past and future (as determined by an actuarial valuation) 
        annuity payments; and
            (2) out of existing funds available for this purpose, pay 
        each employee a lump-sum payment in the total amount determined 
        under paragraph (1) to compensate each employee for past and 
        future benefits resulting from the exchange rate inequity.

SEC. 10. 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.
                                 <all>