[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1945 Reported in House (RH)]






                                                 Union Calendar No. 159
108th CONGRESS
  1st Session
                                H. R. 1945

                          [Report No. 108-272]

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

                              May 1, 2003

 Mr. Thompson of California (for himself, Mr. Simpson, Mr. Cunningham, 
Mrs. Tauscher, Mr. Greenwood, Mr. Wu, Ms. Woolsey, Mr. Farr, Mrs. Davis 
of California, Mr. Stark, Mr. Matsui, Mr. Smith of Washington, and Mr. 
Udall of Colorado) introduced the following bill; which was referred to 
                       the Committee on Resources

                           September 16, 2003

Additional sponsors: Ms. Eshoo, Mr. McGovern, Mr. McDermott, Mr. George 
                  Miller of California, and Mrs. Capps

                           September 16, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 1, 
                                 2003]

_______________________________________________________________________

                                 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(f)), the Secretary--
            (1) shall allocate 90 percent among qualified States, in 
        equal amounts; and
            (2) shall allocate 10 percent among qualified tribal 
        governments, in amounts determined by the Secretary.
    (c) Transfer.--
            (1) In general.--The Secretary shall promptly transfer to a 
        qualified State or qualified tribal government that has entered 
        into a memorandum of understanding under section 3(a) amounts 
        allocated to the qualified State or qualified tribal 
        government, respectively, under subsection (b) of this section.
            (2) Transfers to qualified states.--The Secretary shall 
        make the transfer to a qualified State under paragraph (1)--
                    (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 may be 
        reallocated under subsection (b)(1) among the other qualified 
        States, if 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 may 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(a) as of the 
        end of the fiscal year.

SEC. 3. RECEIPT AND USE OF ASSISTANCE.

    (a) Memoranda of Understanding.--
            (1) In general.--To receive assistance under this Act, a 
        qualified State or qualified tribal government must enter into 
        a memorandum of understanding with the Secretary in accordance 
        with this subsection.
            (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) 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 or 
                                resolutions, ordinances, or regulations 
                                of the qualified tribal government, 
                                respectively;
                    (D) in the case of a memorandum of understanding 
                submitted by a qualified State or qualified tribal 
                government the jurisdiction of which, as of the date of 
                the enactment of this Act, contains 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 memorandum 
                        of understanding 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 or 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; 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 memorandum of 
        understanding under this subsection a qualified State should to 
        the extent practicable seek comments on the memorandum of 
        understanding from local governments in the qualified State.
    (b) Eligible Activities.--
            (1) In general.--Assistance under this Act may be used by a 
        qualified State or by a qualified tribal government in 
        accordance with a memorandum of understanding entered into by 
        the government under subsection (a), 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.
                    (F) In the case of a memorandum of understanding 
                regarding conservation and restoration in Washington or 
                Idaho, other activities to protect and restore Bull 
                trout.
                    (G) In the case of a memorandum of understanding 
                regarding conservation and restoration in Oregon, other 
                activities to protect and restore Lahontan cutthroat 
                trout and Bull trout.
            (2) Use for local and regional projects.--Funds allocated 
        to qualified States under this Act shall be used for local and 
        regional projects.
    (c) 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.
    (d) Cost Sharing by Qualified States.--
            (1) In general.--A qualified State shall match 25 percent 
        of 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.
    (e) 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.
    (f) Limitation on Administrative Expenses.--
            (1) Federal administrative expenses.--Of the amount made 
        available under this Act each fiscal year, not more than 2 
        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 4 
        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 financial assistance.--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 States and 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(a)(2).
            (2) Annual report regarding memoranda of understanding.--
        The Secretary shall, by not later than one year after the date 
        of the enactment of this Act, and annually thereafter--
                    (A) review the memorandum of understanding under 
                section 3(a) of each qualified State and each qualified 
                tribal government and the review process of each 
                qualified State and each qualified tribal government 
                salmon recovery program; and
                    (B) report on such review to the Committee on 
                Commerce, Science and Transportation of the Senate and 
                the Committee on Resources of the House of 
                Representatives, including recommendations of any means 
                to make the State or tribal programs more efficient for 
                salmon recovery.

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).
            (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, 2004, 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 is authorized to be appropriated $200,000,000 for each of the 
fiscal years 2004, 2005, and 2006 to carry out this Act. Funds 
appropriated under this section may remain until expended.

SEC. 10. 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.




                                                 Union Calendar No. 159

108th CONGRESS

  1st Session

                               H. R. 1945

                          [Report No. 108-272]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 16, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed