[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2573 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2573

To ensure that proper planning is undertaken to secure the preservation 
 and recovery of the salmon and steelhead of the Columbia River basin 
and the maintenance of reasonably priced, reliable power, to direct the 
 Secretary of Commerce to seek peer review of, and to conduct studies 
 regarding, the National Marine Fisheries Service biological opinion, 
under the Endangered Species Act of 1973, pertaining to the impacts of 
Columbia River basin Federal dams on salmon and steelhead listed under 
      the Endangered Species Act of 1973, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2001

 Mr. McDermott (for himself, Mr. Bonior, Mr. Petri, Ms. McKinney, Mrs. 
  Napolitano, Mr. Sherman, Mr. Borski, Mr. Neal of Massachusetts, Mr. 
 Pallone, Mr. Sawyer, Mr. George Miller of California, Mr. Gutierrez, 
  Mr. Blagojevich, Mr. Evans, Mr. Leach, Mr. Payne, Mr. Andrews, Mr. 
Udall of New Mexico, Mr. Costello, Mrs. Mink of Hawaii, and Ms. Solis) 
 introduced the following bill; which was referred to the Committee on 
   Resources, and in addition to the Committee on Transportation and 
   Infrastructure, 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 ensure that proper planning is undertaken to secure the preservation 
 and recovery of the salmon and steelhead of the Columbia River basin 
and the maintenance of reasonably priced, reliable power, to direct the 
 Secretary of Commerce to seek peer review of, and to conduct studies 
 regarding, the National Marine Fisheries Service biological opinion, 
under the Endangered Species Act of 1973, pertaining to the impacts of 
Columbia River basin Federal dams on salmon and steelhead listed under 
      the Endangered Species Act of 1973, 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 ``Salmon Planning Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds and declares that--
            (1) certain species of salmon and steelhead in the Columbia 
        and Snake River basin are on the brink of extinction as a 
        consequence of various factors, including hydroelectric 
        projects, harvest management practices, habitat degradation, 
        altered in-stream flow, and unsound hatchery practices;
            (2) these salmon and steelhead have major economic, 
        ecological, educational, recreational, scientific, cultural, 
        and spiritual significance to the Nation and its people;
            (3) salmon and steelhead are a symbol of the Northwest, 
        support thousands of jobs in coastal and inland communities, 
        and serve as an indicator of the health of Northwest river 
        ecosystems;
            (4) the United States Government has signed treaties with 
        Indian tribes of Oregon, Washington, and Idaho and with the 
        Government of Canada creating a legally enforceable trust 
        responsibility to restore salmon populations to sustainable, 
        harvestable levels;
            (5) since the construction of 4 Federal dams on the lower 
        Snake River in Washington, salmon and steelhead populations in 
        the Snake River have plummeted, and all salmon and steelhead in 
        the Snake River are extinct or listed under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.);
            (6) recent studies indicate that the time to protect 
        remaining Snake River salmon and steelhead is short, with 
        scientists estimating that, if changes do not occur, remaining 
        Snake River salmon will be extinct in our lifetime;
            (7) salmon and steelhead extinction could cost taxpayers 
        billions of dollars;
            (8) a federally funded group of State, tribal, Federal, and 
        independent scientists found that partially removing the 4 
        lower Snake River dams in Washington is the surest way to 
        protect and recover Snake River salmon and steelhead;
            (9) several communities that rely on the 4 lower Snake 
        River dams would be affected by partial dam removal;
            (10) a Federal court has found that the 4 lower Snake River 
        dams violate water quality standards under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.); and
            (11) energy production in the Northwest is heavily 
        dependent upon hydropower and thus, the prospects for salmon 
        recovery and Northwest energy production are inextricably 
        linked.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure the protection of Columbia and Snake River 
        salmon and steelhead while providing for reliable, reasonably 
        priced energy in the Northwest, an economically sustainable 
        salmon recovery program, and effective mitigation of potential 
        economic impacts to communities from potential dam removal; and
            (2) to ensure that the Northwest and the Nation have 
        completed the necessary planning and evaluation to respond 
        rapidly if major new actions are necessary to protect and 
        recover salmon and steelhead in the Columbia and Snake River 
        basin.

SEC. 3. PEER REVIEW OF NMFS BIOLOGICAL OPINION.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Commerce shall enter into an 
arrangement with the National Academy of Sciences providing for peer 
review of the NMFS biological opinion and submission of a report on the 
results of the peer review in accordance with subsection (c).
    (b) Contents.--For purposes of this section, peer review shall 
include, at a minimum, the following:
            (1) Review of performance standards in the NMFS biological 
        opinion.
            (2) Review of any recovery standards established by the 
        National Marine Fisheries Service pursuant to the NMFS 
        biological opinion for each listed salmon and steelhead 
        population.
            (3) Review of the effectiveness of the implementation plans 
        required by the NMFS biological opinion and the appropriateness 
        of the timelines for implementing such plans.
            (4) Review of the NMFS biological opinion and its analyses 
        and conclusions and review of any future analyses required by 
        the NMFS biological opinion.
    (c) Report.--Not later than 12 months after the date of enactment 
of this Act, the National Academy of Sciences shall submit to the 
Secretary of Commerce, the Secretary of the Army, the Secretary of the 
Interior, and the Administrator of the Environmental Protection Agency 
a report on the results of the peer review conducted under this 
section.
    (d) Determination of Sufficiency.--Not later than December 31, 
2003, the Secretary of Commerce shall publish--
            (1) a determination of whether implementation of the salmon 
        recovery measures in the NMFS biological opinion are sufficient 
        to achieve recovery, as defined under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.), of the salmon and 
        steelhead populations that are the subject of the biological 
        opinion; and
            (2) if the determination under paragraph (1) is that such 
        measures are not sufficient to achieve such recovery, a 
        determination of whether partially removing the 4 lower Snake 
        River dams is necessary to restore Snake River salmon and 
        steelhead populations to meet obligations under such Act.
    (e) Determination of Necessity To Meet Treaty Obligations.--Not 
later than December 31, 2003, the Secretary of the Interior shall 
publish a determination of whether partially removing the 4 lower Snake 
River dams is necessary to meet treaty obligations to Indian tribes or 
other sovereign nations.
    (f) Determination of Necessity To Meet Clean Water Requirements.--
Not later than December 31, 2003, the Administrator of the 
Environmental Protection Agency shall publish a determination of 
whether partially removing the 4 lower Snake River dams is necessary to 
meet the requirements of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.).

SEC. 4. GAO STUDY OF PARTIAL REMOVAL OF LOWER SNAKE RIVER DAMS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the potential effects of partially removing the 4 
lower Snake River dams.
    (b) Contents.--The study shall include examination of and 
recommendation for addressing, at a minimum, the following:
            (1) The economic effects of partial dam removal for local 
        communities and for downstream and coastal communities, 
        including downstream and coastal communities located within the 
        boundaries of Alaska and Canada, including employment gains or 
        losses that would result from dam removal.
            (2) The effects of partial dam removal on transportation by 
        water, including--
                    (A) the feasibility, costs, and sufficiency of 
                alternative transportation by railroad, highway, and 
                other means;
                    (B) the economic benefits and costs of such 
                alternatives;
                    (C) the environmental impact of shifting to such 
                alternatives;
                    (D) the means for mitigating any environmental harm 
                that might be caused by the use of such alternatives; 
                and
                    (E) any development or expansion of such 
                alternatives that would be required to continue moving 
                the same amount of cargo that is currently transported 
                by water.
            (3) The effects of partial dam removal on irrigation, 
        including the availability of or need for alternatives to 
        replace irrigation water or to extend irrigation pumps.
            (4) The effects of partial dam removal on energy 
        production, including the regional effects of any changes in 
        energy production, identification of alternative energy sources 
        that could replace any loss in energy production, and the 
        benefits and costs of such alternatives.
            (5) The effects, including economic effects, of the 
        extinction of salmon and steelhead populations in the Snake 
        River.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall submit to each of the 
Secretary of the Army, the Secretary of Commerce, and the Administrator 
of the Environmental Protection Agency a report on the results of the 
study conducted under this section.

SEC. 5. AUTHORIZATION AND PLANNING OF SALMON RECOVERY.

    (a) Partial Dam Removal Authorization.--The Secretary of the Army, 
acting through the Corps of Engineers, is authorized to partially 
remove the 4 lower Snake River dams if--
            (1) the Secretary of Commerce finds that such action is 
        necessary to restore Snake River salmon and steelhead 
        populations to meet obligations under the Endangered Species 
        Act of 1973 (33 U.S.C. 1531 et seq.);
            (2) the Secretary of the Interior finds that such action is 
        necessary to meet treaty obligations to Indian tribes or other 
        sovereign nations; or
            (3) the Administrator of the Environmental Protection 
        Agency finds that such action is necessary to meet requirements 
        of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.).
    (b) Preliminary Planning Work.--The Secretary of the Army shall 
undertake such preliminary engineering, design, construction, and other 
activities as may be necessary to remove the 4 lower Snake River dams 
pursuant to subsection (a). This work shall be completed by December 
31, 2003.
    (c) Funding.--There is authorized to be appropriated to the 
Secretary of the Army $4,000,000 for fiscal year beginning after 
September 30, 2001, to carry out this section. Such sums shall remain 
available until expended.

SEC. 6. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Lower snake river dams.--The term ``4 lower Snake River 
        dams'' means the following dams on the Snake River, Washington:
                    (A) The Ice Harbor dam.
                    (B) The Lower Monumental dam.
                    (C) The Little Goose dam.
                    (D) The Lower Granite dam.
            (2) NMFS biological opinion.--The term ``NMFS biological 
        opinion'' means the biological opinion of the National Marine 
        Fisheries Service regarding the Operation of the Federal 
        Columbia River power system, issued on December 21, 2000, and 
        any subsequent modification of, or substitute for, that 
        biological opinion.
            (3) Populations.--The term ``populations'' means the 12 
        evolutionarily significant units of salmon and steelhead listed 
        in the Columbia and Snake River basin that are the subject of 
        the NMFS biological opinion.
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