I 111th CONGRESS 1st Session H. R. 3503 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.

1.

Short title

This Act may be cited as the Salmon Solutions and Planning Act.

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.

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.

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.

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.

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.

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.

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.

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)).