[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1825 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1825

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2001

Mrs. Boxer (for herself, Mr. Craig, Mr. Crapo, Mr. Wyden, Mr. Smith of 
 Oregon, and Mrs. Feinstein) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Commerce to provide financial assistance 
to the States of Alaska, Washington, Oregon, California, and Idaho and 
tribes in the region 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 shall provide financial assistance in 
accordance with this Act to eligible States and eligible tribal 
governments for conservation of salmon and salmon habitat restoration 
activities.
    (b) Allocation.--Subject to section 3(f), of the amounts available 
to provide assistance under this section each fiscal year, the 
Secretary--
            (1) shall allocate 85 percent among eligible States, in 
        equal amounts; and
            (2) shall allocate 15 percent among eligible tribal 
        governments, in amounts determined by the Secretary.
    (c) Transfer.--
            (1) In general.--The Secretary shall promptly transfer--
                    (A) to an eligible State that has submitted and had 
                approved an annual spending plan under section 3(a) and 
                a Salmon Conservation and Salmon Habitat Restoration 
                Plan approved under section 3(b), amounts allocated to 
                the eligible State under subsection (b)(1); and
                    (B) to an eligible tribal government that has 
                submitted and had approved an annual spending plan 
                under section 3(a) and a memorandum of understanding 
                under section 3(c), amounts allocated to the eligible 
                tribal government under subsection (b)(2).
            (2) Transfers to eligible 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 eligible states.--Amounts that are 
        allocated to an eligible State for a fiscal year shall be 
        reallocated under subsection (b)(1) among the other eligible 
        States, if--
                    (A) the eligible State does not have an annual 
                salmon spending plan approved under section 3(a);
                    (B) the eligible State does not have in effect at 
                the end of the first fiscal year after the amounts have 
                been allocated a Salmon Conservation and Salmon Habitat 
                Restoration Plan approved under section 3(b); or
                    (C) the amounts allocated remain unobligated at the 
                end of the year following the fiscal year for which the 
                amounts were allocated.
            (2) Amounts allocated to eligible tribal governments.--
        Amounts that are allocated to an eligible tribal government for 
        a fiscal year shall be reallocated under subsection (b)(2) to 
        the other eligible tribal governments, if the eligible tribal 
        government--
                    (A) does not have an annual salmon spending plan 
                approved under section 3(a); or
                    (B) has not entered into a memorandum of 
                understanding with the Secretary in accordance with 
                section 3(c) at the end of the fiscal year following 
                the fiscal year for which the amounts were allocated.

SEC. 3. RECEIPT AND USE OF ASSISTANCE.

    (a) Annual Salmon Spending Plan.--In order to receive assistance 
under this Act, an eligible State or eligible tribe shall submit and 
have approved by the Secretary an annual salmon plan which shall 
include a description of the projects and programs that the State or 
tribe plans to implement with the funds allocated. The Secretary shall 
review a State or tribal plan within 90 days and provide a State or 
tribe an opportunity to resubmit the plan if necessary. Funds shall not 
be transferred to a State or tribe until an annual salmon plan is 
approved.
    (b) Eligible State Salmon Conservation and Restoration Plan.--
            (1) In general.--In order to receive assistance under this 
        Act, an eligible State shall submit to the Secretary by the end 
        of the first fiscal year after the amounts have been allocated, 
        and, not later than 90 days after receipt of such a plan, the 
        Secretary shall approve or deny, a Salmon Conservation and 
        Salmon Habitat Restoration Plan that meets the requirements of 
        paragraph (3).
            (2) Negative determination.--If the Secretary determines 
        that a plan described in paragraph (1) submitted by an eligible 
        State does not meet the requirements of paragraph (3), the 
        Secretary shall inform the State of the deficiencies of the 
        plan, and the State may resubmit the plan for review by the 
        Secretary.
            (3) Contents.--Each Salmon Conservation and Salmon Habitat 
        Restoration Plan shall, at a minimum--
                    (A) be consistent with all applicable Federal laws;
                    (B) promote the recovery of salmon;
                    (C) except as provided in subparagraph (D), give 
                priority to use of assistance under this Act 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 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.); or
                                    (II) salmon that are given special 
                                protection under the laws or 
                                regulations of the eligible State;
                    (D) in the case of a plan submitted by an eligible 
                State in which, on the date of 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 clauses (i) and (ii) of 
                        subparagraph (C) that contribute to programs 
                        that prevent the decline of unlisted species 
                        and that conserve 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 habitat restoration;
                                    (II) salmon supplementation and 
                                enhancement only for the purposes of 
                                restoring naturally reproducing salmon 
                                stocks and conserving salmon genetic 
                                diversity;
                                    (III) salmon-related research, data 
                                collection, and monitoring; and
                                    (IV) national and international 
                                cooperative habitat programs; and
                            (ii) provide for revision of the plan 
                        within 1 year after any date on which any 
                        salmon species that spawns in the eligible 
                        State--
                                    (I) is listed as an endangered 
                                species or threatened species;
                                    (II) is proposed for such listing; 
                                or
                                    (III) becomes a candidate for such 
                                listing, under the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et seq.);
                    (E) establish specific goals and time lines for 
                activities funded with assistance under this Act;
                    (F) include measurable criteria by which such 
                activities may be evaluated;
                    (G) require that activities carried out with such 
                assistance shall--
                            (i) contribute to the conservation and 
                        recovery of salmon;
                            (ii) be scientifically based in accordance 
                        with the requirements prescribed by the 
                        Secretary under section 4;
                            (iii) be cost-effective; and
                            (iv) not be conducted on private land, 
                        except with the consent of the owner of the 
                        land; and
                    (H) consider whether activities funded under this 
                Act will have long-term benefits based, in part, on 
                consideration of upstream or downstream activities or 
                activities occurring elsewhere in the watershed.
            (4) Submission of regional plans.--If the State is unable 
        to complete a comprehensive statewide Salmon Conservation and 
        Restoration Plan within the timeframe established in section 
        3(b) the State may submit 1 or more Plans covering distinct 
        regions within the State. Funding shall only be available for 
        States or regions within the State for which there is an 
        approved Plan.
    (c) Memorandum of Understanding Between Tribal Government and the 
Secretary.--
            (1) In general.--To receive assistance under this Act, an 
        eligible tribal government shall--
                    (A) have an approved annual spending plan; and
                    (B) enter into a memorandum of understanding with 
                the Secretary regarding use of the assistance by the 
                end of the second fiscal year after the amounts have 
                been allocated.
            (2) Contents.--Each memorandum of understanding shall, at a 
        minimum--
                    (A) be consistent with all applicable Federal laws;
                    (B) be consistent with the goal of recovering 
                salmon;
                    (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 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.); or
                                    (II) salmon that are given special 
                                protection under the resolutions, 
                                ordinances, or regulations of the 
                                eligible tribal government;
                    (D) in the case of a memorandum of understanding 
                entered into by an eligible tribal government for an 
                area in which, as of the date of 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 clauses (i) and (ii) of 
                        subparagraph (C) that contribute to programs 
                        described in subsection (a)(3)(D)(i); and
                            (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--
                                    (I) is listed as an endangered 
                                species or threatened species;
                                    (II) is proposed for such listing; 
                                or
                                    (III) becomes a candidate for such 
                                listing, under the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et seq.);
                    (E) establish specific goals and time lines for 
                activities funded with assistance under this Act;
                    (F) include measurable criteria by which such 
                activities may be evaluated;
                    (G) establish specific requirements for reporting 
                to the Secretary by the eligible tribal government; and
                    (H) require that activities carried out with such 
                assistance shall--
                            (i) contribute to the conservation or 
                        recovery of salmon;
                            (ii) be scientifically based, in accordance 
                        with the requirements prescribed by the 
                        Secretary under section 4;
                            (iii) be cost-effective; and
                            (iv) not be conducted on private land, 
                        except with the consent of the owner of the 
                        land.
    (d) Eligible Activities.--
            (1) In general.--Assistance under section 2 may be used by 
        an eligible State in accordance with a plan approved under 
        section 3(b), or by an eligible tribal government in accordance 
        with a memorandum of understanding entered into by the 
        government under section 3(c), to carry out or make grants or 
        provide loans to carry out, among other activities--
                    (A) protection and restoration of salmon habitat, 
                including riparian areas;
                    (B) acquisition from willing sellers of 
                conservation easements for riparian habitat protection;
                    (C) watershed evaluation, assessment, and planning 
                necessary to develop a site-specific and clearly 
                prioritized plan to implement watershed improvements, 
                including for making multiyear grants;
                    (D) research and collection of data on salmon, and 
                monitoring of salmon and salmon habitat;
                    (E) salmon supplementation and enhancement projects 
                only for the purposes of restoring naturally 
                reproducing salmon stocks and conserving salmon genetic 
                diversity;
                    (F) maintenance and monitoring of projects 
                completed with assistance under this Act;
                    (G) 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; and
                    (H) other activities related to conservation of 
                salmon and salmon habitat restoration.
            (2) Peer review.--Eligible science-based activities in 
        paragraph (1) shall be validated through a peer review process 
        that satisfies the requirements prescribed by the Secretary 
        under section 4.
            (3) Columbia river basin.--Funds allocated to eligible 
        States and tribal governments for projects or activities 
        located within the Columbia River Basin shall be used in a 
        manner consistent with the Northwest Power Planning Council's 
        Columbia River Basin Fish and Wildlife Program.
    (e) Use of Assistance for Activities Outside Jurisdiction of 
Recipient.--
            (1) Assistance to states.--Assistance under this Act 
        provided to an eligible State only may be used for activities 
        within that State's borders.
            (2) Assistance to tribal governments.--Assistance under 
        this Act provided to an eligible tribal government may be used 
        for activities conducted within the borders of its resident 
        State (or States).
    (f) Cost-Sharing by Eligible States.--
            (1) In general.--An eligible State shall provide 25 percent 
        non-Federal match, in the aggregate, of any financial 
        assistance provided to the eligible State for a fiscal year 
        under this Act. The non-Federal match may be in the form of 
        monetary contributions or in-kind contributions of services for 
        projects carried out with assistance under this Act. 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 requirement for matching funds.--The 
        Secretary may not require an eligible 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)(3)(H), the amount of monetary contributions by 
        an eligible State under this subsection shall be treated as 
        expenditures from non-Federal sources for salmon conservation 
        and salmon habitat restoration programs.
            (4) Bonneville power administration fish and wildlife 
        funding.--Funds collected by the Bonneville Power 
        Administration from electricity ratepayers and allocated to 
        eligible States and tribal governments for fish and wildlife 
        activities shall not be considered to be funds from a Federal 
        source under this Act.
    (g) Supplementation of State and Tribal Funding.--An eligible State 
or tribal government shall maintain its aggregate expenditures of funds 
from non-Federal sources for salmon and salmon habitat restoration 
programs at or above the average annual level of such expenditures in 
the 2 fiscal years preceding the date of enactment of this Act or 
$10,000,000 for each fiscal year, whichever is less.
    (h) Coordination of Activities.--Each eligible State and each 
eligible tribal government receiving assistance under this Act is 
encouraged to carefully coordinate the salmon conservation activities 
of that State or tribal government to--
            (1) eliminate duplicative and overlapping activities; and
            (2) provide consideration of upstream or downstream 
        activities or activities occurring elsewhere in the watershed 
        that may impact the efficacy of restoration efforts.
    (i) Limitations on Use of Funds.--
            (1) Administrative expenses.--
                    (A) Federal administrative expenses.--Of the 
                amounts available to carry out this Act for a fiscal 
                year, not more than 1 percent may be used by the 
                Secretary for administrative expenses incurred in 
                carrying out this Act.
                    (B) State and tribal administrative expenses.--Of 
                the amount allocated under this Act to an eligible 
                State or eligible tribal government each fiscal year, 
                not more than 3 percent may be used by the eligible 
State or eligible tribal government, respectively, for administrative 
expenses incurred in carrying out this Act.
            (2) Activities required for environmental permit.--No funds 
        available to carry out this Act may be used by a private entity 
        for activities that would otherwise be required as a condition 
        or requirement of a Federal, State, or local environmental 
        permit.

SEC. 4. PEER REVIEW REQUIREMENTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall prescribe the requirements for 
expedited peer review of science-based activities contained in the 
annual spending plan for each eligible State or tribal government. In 
order to achieve salmon recovery throughout the coastal salmon's range, 
each plan shall be considered separately on its own merits.
    (b) Content.--The requirements for expedited peer review shall 
include the following:
            (1) Panels.--Establishment of sufficient peer review 
        panels, as determined by the Secretary, to achieve timely peer 
        review of activities contained in the annual spending plan. The 
        number of members, qualifications for membership, and procedure 
        for selection of members for each panel shall be substantially 
        in the same manner as the peer review panel provided for under 
        section 4(h)(10)(D) of the Pacific Northwest Electric Power 
        Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)).
            (2) Necessary information.--A description of the 
        information that must be provided to the peer review panel in 
        order to evaluate the activities. Each State's Salmon 
        Conservation and Salmon Habitat Restoration Plan and each 
        tribal government's memorandum of understanding shall establish 
        the mechanism for providing needed information to the peer 
        review panel.
            (3) Review of proposed activities.--Review, by the panels, 
        of activities proposed for funding with assistance under this 
        Act, within the time prescribed by the Secretary.
            (4) Determination and recommendations.--Submittal of the 
        peer review panel's determinations and recommendations 
        regarding the activities within each State's or tribe's annual 
        spending plan to the Secretary, in order to be considered by 
        the Secretary in approving or disapproving the annual spending 
        plan, in accordance with the provisions of section 3(a). States 
        or tribes shall be provided an opportunity to resubmit any 
        plan, if necessary, or to propose alternative projects within 
        their respective jurisdictions.
    (c) Interim Funding.--An eligible State or tribal government may 
receive funding under this Act prior to the finalization by the 
Secretary of the peer review requirements under this section.
    (d) Peer Review Funding.--The Secretary shall pay the expenses 
incurred by peer review panels in an amount not to exceed $500,000 a 
year from the administrative costs described in section 3(i)(1)(A).

SEC. 5. PUBLIC PARTICIPATION.

    (a) Eligible States.--Each eligible State seeking assistance under 
this Act shall establish a citizen advisory committee or provide a 
similar forum for local governments and the public to participate in 
obtaining and using the assistance, as well as in the development of 
the State Salmon Conservation and Restoration Plan. Each eligible State 
receiving assistance under this Act shall hold public meetings to 
receive recommendations on the use of the assistance.
    (b) Eligible Tribal Governments.--Each eligible tribal government 
receiving assistance under this Act shall hold public meetings to 
receive recommendations on the use of the assistance.

SEC. 6. 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 
financial assistance under this Act. Projects or activities that affect 
listed species shall remain subject to applicable provisions of the 
Endangered Species Act of 1973.

SEC. 7. REPORTS.

    Each eligible State and tribal government shall, not later than 
December 31 of the second year in which amounts are available to carry 
out this Act, and every 2 years thereafter, submit to the Secretary a 
biennial report on the use of financial assistance received by the 
eligible State or tribal government under this Act. The report shall 
contain an evaluation of the success of that State or tribal government 
in meeting the criteria listed in section 3 (b) and (c), whichever is 
applicable.

SEC. 8. 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) Eligible state.--The term ``eligible State'' means each 
        of the States of Alaska, Washington, Oregon, California, and 
        Idaho.
            (3) Eligible tribal government.--The term ``eligible tribal 
        government'' means--
                    (A) a federally recognized tribal government of an 
                Indian tribe in Alaska, Washington, Oregon, California, 
                or Idaho that the Secretary, 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; or
                    (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.), or a federally recognized tribe in Alaska, 
                that the Secretary, 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 salmonid 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 applying this Act to Oregon, 
                the term ``salmon'' also includes--
                            (i) lahontan cutthroat trout (oncorhnychus 
                        clarki henshawi); and
                            (ii) bull trout (salvelinus confluentus).
                    (I) For purposes of applying this Act to Washington 
                and Idaho, the term ``salmon'' also includes bull trout 
                (salvelinus confluentus).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $350,000,000 for each of 
the fiscal years 2002 through 2007 to carry out the provisions of this 
Act. Any funds appropriated pursuant to this Act shall remain available 
until expended.
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