[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3503 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3503
To ensure that proper information gathering and planning are undertaken
to secure the preservation and recovery of the salmon and steelhead of
the Columbia River Basin in a manner that protects and enhances local
communities, ensures effective expenditure of Federal resources, and
maintains reasonably priced, reliable power, to direct the Secretary of
Commerce to seek scientific analysis of Federal efforts to restore
salmon and steelhead listed under the Endangered Species Act of 1973,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2009
Mr. McDermott (for himself, Mr. Petri, Mr. Blumenauer, Mr. George
Miller of California, Mr. Markey of Massachusetts, Mr. Moran of
Virginia, Mr. Conyers, Mr. Grijalva, Mrs. Capps, Mr. Farr, Mr. Olver,
Mr. Stark, Mr. Schiff, Mr. Kennedy, Ms. DeLauro, Ms. Lee of California,
Mr. Nadler of New York, Mr. Honda, Mr. Berman, Ms. Norton, Mr. Wexler,
Mr. Payne, Mr. Kildee, Ms. Eshoo, and Mr. Gordon of Tennessee)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Natural Resources and Energy and Commerce, 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 information gathering and planning are undertaken
to secure the preservation and recovery of the salmon and steelhead of
the Columbia River Basin in a manner that protects and enhances local
communities, ensures effective expenditure of Federal resources, and
maintains reasonably priced, reliable power, to direct the Secretary of
Commerce to seek scientific analysis of Federal efforts to restore
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 Solutions and Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) Certain species of wild salmon and steelhead in the
Columbia and Snake River Basin are on the brink of extinction
as a consequence of various factors, including the construction
and operation of hydroelectric projects, harvest management
practices, habitat degradation, altered in-stream flow regimes,
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) Thirteen salmon and steelhead species in the Columbia
and Snake River Basin are listed for protection under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(4) The Federal Government, including Bonneville Power
Administration's ratepayers in the Pacific Northwest, has spent
more than $8,000,000,000 on salmon recovery efforts in the
Columbia and Snake River Basin to date.
(5) Salmon and steelhead are symbols of the Pacific
Northwest, support thousands of jobs in coastal and inland
communities, and serve as an indicator of the health of
Northern California, Nevada, Alaska, and Pacific Northwest
river ecosystems.
(6) Salmon and steelhead of the Snake River are a vital
economic resource to communities in Alaska, Washington, Oregon,
Idaho, and California. Restoring Snake River salmon to healthy,
self-sustaining, harvestable levels will have significant
economic benefits for these communities as well as communities
in Nevada where these fish once returned.
(7) The original range of Snake River salmon included not
only their existing habitat in central Idaho, northeast Oregon,
southeast Washington, the mid- and lower Columbia River, and
the coastal waters of Alaska, California, Oregon, and
Washington, but also habitat in the upper Columbia River and
the upper Snake River Basin, including southern Idaho,
southeast Oregon, and northern Nevada.
(8) The United States Government has signed treaties with
Indian tribes in Oregon, Washington, Montana, and Idaho and
with the Government of Canada creating a legally enforceable
trust responsibility to restore salmon populations to
sustainable, harvestable levels.
(9) Since the construction of 4 Federal dams on the lower
Snake River in Washington, salmon and steelhead populations in
the Snake River have significantly declined, and all salmon and
steelhead populations in the Snake River are either already
extinct or listed as endangered species or threatened species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(10) Recent studies indicate that the window of time to
protect and restore Snake River salmon and steelhead is short,
with scientists estimating that, if changes do not occur,
several of the remaining Snake River salmon populations could
be extinct within the next 20 years.
(11) A federally funded group of State, tribal, Federal,
and independent scientists found that removing the 4 lower
Snake River dams in Washington is the surest way to protect and
recover Snake River salmon and steelhead. Similar conclusions
have been reached in studies by the Army Corps of Engineers and
the Department of Commerce. At the same time, it is well
understood that removing these dams is not a ``silver bullet''
for the recovery of all salmon and steelhead populations in the
Columbia and Snake River Basin and other actions are also
necessary to further protect and restore these fish.
(12) Removal of the 4 lower Snake River dams would affect
electricity generation, freight shipping, and water supply
systems, and these benefits must be replaced through other
means in order to protect local communities, farms, and the
regional energy supply system.
(13) The 4 lower Snake River dams currently produce
renewable electricity. Studies have found that the Northwest
has ample additional existing and potential clean renewable
energy sources to cost-effectively replace the power produced
by these dams in a manner that is compatible with broader
efforts to reduce regional greenhouse gas emissions.
(14) In the event that the 4 lower Snake River dams are
removed, their energy benefits should be replaced with cost-
effective, clean renewable sources, as well as energy
efficiency and conservation.
(15) The removal of the 4 lower Snake River dams would
bring opportunities to inland Northwest communities by opening
up 140 miles of free-flowing river, and providing needed
resources for more effective and efficient freight
transportation systems.
(16) 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.).
(17) A significant amount of sediment has built up behind
Lower Granite Dam, posing a flood risk to the city of Lewiston,
Idaho, which now sits below the height of the lower Snake
River. A study by the Army Corps of Engineers found that nearly
$2,000,000,000 worth of buildings and infrastructure sit in the
Clarkston/Lewiston area floodplain where they face a growing
threat of major damage from levee breaching. The same Corps
study estimates that the costs of river-dredging and levee-
raising needed to protect these areas could cost taxpayers
hundreds of millions of dollars.
(18) Global warming is already having and will continue to
have detrimental effects on Pacific salmon populations. Snake
River salmon may be key to maintaining and rebuilding salmon
populations throughout the Columbia and Snake River Basin, as
their high-elevation spawning grounds are the most likely to
remain viable in the face of warming temperatures; thus, taking
action now to protect these salmon is vitally important.
(19) The Northwest Power and Conservation Council
commissioned a report in 2000 that concluded that removing the
4 lower Snake River dams is a more cost-effective way to
restore wild salmon and steelhead populations to the Columbia
and Snake River Basin than strategies that do not include dam
removal.
(20) Three of the last four biological opinions regarding
the Columbia and Snake River Federal hydrosystem have been
found illegal by Federal courts.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the protection and recovery of wild Columbia
and Snake River salmon and steelhead to self-sustaining,
harvestable levels, while providing for reliable, reasonably
priced, and clean renewable energy in the Northwest, a reliable
and affordable freight transportation system, and an
economically sustainable salmon recovery program, and to
maximize the economic benefits from potential dam removal while
mitigating for its impacts; and
(2) to ensure that the Northwest and the Nation have
completed the necessary planning and evaluation to efficiently
manage salmon recovery by implementing biologically effective
measures and responding rapidly if and when major new actions
are determined to be necessary to protect and recover salmon
and steelhead in the Columbia and Snake River Basin.
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS.
(a) In General.--Not later than 3 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
scientific analysis of Federal salmon recovery efforts and submission
of a report on the results of the analysis in accordance with
subsection (c).
(b) Contents.--For purposes of this section, scientific analysis
shall include, at a minimum, a review of Snake River dam removal and
other actions that may be necessary to achieve recovery of salmon and
steelhead populations of the Columbia and Snake River Basin listed
under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)).
(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, the Administrator of the Environmental Protection Agency, and
to Congress a report on the results of the scientific analysis
conducted under this section.
SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVEMENTS.
The Secretary of Transportation shall conduct a peer-reviewed
analysis of which rail, highway, and Columbia River barge
infrastructure improvements would be necessary to ensure a cost-
effective and efficient transportation system for agricultural and
other shippers who currently use barge transportation between Lewiston,
Idaho, and the confluence of the Snake and Columbia Rivers and would be
unable to do so if the 4 lower Snake River dams were removed. This
analysis shall include a review of cost increases, if any, of shipping
rates and options for addressing any such cost increases so as to
minimize the potential impact on shippers. This analysis shall
incorporate input and feedback from farmers and other shippers, the
Washington, Idaho, and Oregon State Departments of Transportation, and
other relevant stakeholders in the agricultural, business, and public
interest communities, and any suggestions or decisions arrived at
through consensus deliberations of the same or similar participants.
This analysis shall be completed and a report thereon submitted to
Congress within 12 months after the date of the enactment of this Act.
SEC. 5. STUDY OF ENERGY REPLACEMENT.
The Secretary of Energy, in consultation with the White House
Office of Energy and Climate Change, shall conduct a peer-reviewed
analysis of what energy replacement options exist to replace the power
currently generated by the 4 lower Snake River dams in the event the
dams are removed. The analysis shall include a review of existing,
planned, and potential clean renewable energy resources, in addition to
energy efficiency, energy conservation, and combined heat and power
projects. This analysis shall be completed and a report thereon
submitted to Congress within 12 months after the date of enactment of
this Act.
SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVITALIZATION.
The Army Corps of Engineers, in consultation with relevant State
and local governments and interested parties, shall conduct an analysis
of what riverfront revitalization and restoration opportunities would
exist in the event of the removal of the 4 lower Snake River dams and
what costs would be incurred to implement such revitalization and
restoration measures. This work shall focus on riverfront
revitalization for Lewiston, Idaho, and Clarkston, Washington, but may
include other impacted communities along the 140 miles of the lower
Snake River. This analysis shall be completed and a report thereon
submitted to Congress within 12 months after the date of the enactment
of this Act, shall include determination of engineering options and
costs, and shall be peer-reviewed generally in accordance with section
2034 of Public Law 110-114 to determine the accuracy of the preferred
engineering options and costs determined by the Army Corps of
Engineers.
SEC. 7. STUDY OF IRRIGATION PROTECTIONS.
The Secretary of the Interior, acting through the Bureau of
Reclamation, shall conduct a peer-reviewed analysis of the options and
costs regarding any needed modifications to affected irrigation
systems, cooling systems, and private wells if the 4 lower Snake River
dams were removed. This analysis shall be completed and a report
thereon submitted to Congress within 12 months after the date of the
enactment of this Act.
SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOVERY.
(a) Dam Removal Authorization.--Congress hereby determines that the
Secretary of the Army may remove the four lower Snake River dams.
(b) Review and Update of Feasibility Study.--The Secretary of the
Army shall re-evaluate and update the U.S. Army Corps of Engineers'
Final Lower Snake River Juvenile Salmon Migration Feasibility Report/
Environmental Impact Statement (February 2002) pursuant to new
information. The updated feasibility study shall incorporate and
address, at a minimum, the following:
(1) Current and expected future climate change impacts on
Columbia and Snake River salmon and steelhead populations and
their habitat.
(2) Replacement of the 4 lower Snake River dams' average
energy output (not nameplate capacity) with clean renewable
energy resources, including energy efficiency and conservation.
(3) Options for keeping currently irrigated acreage intact
and under irrigation in a dam removal scenario.
(4) Costs associated with Lower Granite Dam reservoir
sediment/flood risk mitigation in a non-dam-removal scenario.
(5) Passive Use Values associated with both dam removal and
non-dam-removal scenarios.
(6) Alternate methods for removing the 4 lower Snake River
dams in addition to the method analyzed in the 2002
environmental impact statement, including but not limited to
full dam removal and removing or notching the dams' concrete
portions.
(c) Completion; Report; Peer Review.--The Secretary of the Army
shall--
(1) complete the re-evaluation and update and submit a
report thereon to Congress within 20 months after the date of
enactment of this Act;
(2) include in the report determination of engineering
options and costs; and
(3) shall submit the results of the re-evaluation and
update (including such determination of engineering options and
costs) to peer review generally in accordance with section 2034
of Public Law 110-114 to determine the accuracy of the
preferred engineering options and costs.
SEC. 9. DEFINITIONS.
In this Act, the following definitions apply:
(1) Clean renewable energy resources.--For the purposes of
this bill the term ``clean renewable energy resources'' means--
(A) incremental electricity produced as the result
of efficiency improvements to existing hydroelectric
generation projects, including in irrigation pipes and
canals, where the additional generation in either case
does not result in new water diversions or
impoundments;
(B) wind;
(C) solar energy;
(D) geothermal energy;
(E) landfill gas;
(F) wave, ocean, or tidal power;
(G) gas from sewage treatment facilities; and
(H) biomass energy based on animal waste, food
waste, yard waste, or solid organic fuels from wood,
forest, or field residues, or dedicated energy crops,
other than--
(i) wood pieces that have been treated with
chemical preservatives such as creosote,
pentachlorophenol, or copper-chrome-arsenic;
(ii) pulping liquor from paper production;
(iii) wood from old growth forests; or
(iv) municipal solid waste.
(2) Federal salmon recovery actions.--The term ``Federal
salmon recovery actions'' means Federal actions required to
protect, recover, and restore salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(3) 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.
(4) Peer review.--The term ``peer review'' has the meaning
that term has in section 2034 of Public Law 110-114.
(5) Populations.--The term ``populations'' means the 13
evolutionarily significant units of salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
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