[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4097 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4097

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

                           February 26, 2014

Mr. McDermott 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) 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.) 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) The original range of Snake River salmon included not 
        only their existing habitat, but also habitat in the upper 
        Columbia River and the upper Snake River Basins, including 
        southern Idaho, southeast Oregon, and northern Nevada.
            (3) Since the construction of 4 Federal dams on the lower 
        Snake River in Washington, all salmon and steelhead populations 
        in the Snake River are either already extinct or listed as an 
        endangered or threatened species under the Endangered Species 
        Act of 1973.
            (4) Without action, climate change and rising water 
        temperatures will continue to have detrimental effects on many 
        North American coldwater fish species, including salmon and 
        steelhead populations. Due to their high-elevation spawning 
        grounds, Snake River salmon are key to maintaining and 
        rebuilding those salmon populations threatened by rising water 
        temperatures throughout the Columbia River Basin.
            (5) Salmon and steelhead populations have major economic, 
        ecological, educational, recreational, scientific, cultural, 
        and spiritual significance to the Nation and its people. Even 
        at their current depressed population levels, these salmon and 
        steelhead populations generate hundreds of millions of dollars 
        in direct and indirect benefits for communities in Alaska, 
        Washington, Oregon, Idaho, and California; restoring these 
        populations is estimated to generate billions of dollars in 
        additional revenue for these States.
            (6) The United States has signed treaties with Indian 
        tribes in Washington, Oregon, Montana, and Idaho and with the 
        Government of Canada, creating legally enforceable treaty 
        obligations to restore salmon populations to sustainable and 
        harvestable levels.
            (7) The Federal Government, the Bonneville Power 
        Administration, and United States ratepayers in the Pacific 
        Northwest have spent more than $11,000,000,000 on salmon 
        recovery efforts in the Columbia and Snake River Basin to date.
            (8) 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 these salmon and steelhead populations. Similar 
        conclusions have been reached by the Army Corps of Engineers 
        and the Department of Commerce.
            (9) Significant sediment buildup behind the Lower Granite 
        Dam poses a flood risk to the city of Lewiston, Idaho. A study 
        by the Army Corps of Engineers found that nearly $2,000,000,000 
        worth of buildings and infrastructure 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 this area could cost taxpayers hundreds of 
        millions of dollars.
            (10) A Federal court has found that all 4 lower Snake River 
        dams violate water quality standards under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.).
            (11) The removal of the 4 lower Snake River dams would open 
        up more than 100 miles of free-flowing river ways to inland 
        Northwest communities and provide needed resources for more 
        effective and efficient freight transportation systems.
            (12) In the event the 4 lower Snake River dams are removed, 
        their electricity generation, freight shipping, and water 
        supply benefits must be replaced through other means in order 
        to protect affected communities, farms, and the regional energy 
        supply system; the dams' energy benefits should be replaced 
        with cost-effective, clean renewable sources that focus on 
        energy efficiency and conservation.
            (13) Studies have found that the Northwest has ample 
        additional existing and potential clean renewable energy 
        sources to replace the renewable electricity produced by the 4 
        lower Snake River dams in an environmentally sound and cost 
        effective manner.
            (14) By completing the planning and evaluation required 
        under this Act, the Northwest and the Nation will be better 
        prepared to efficiently manage salmon recovery and ensure 
        prompt implementation of Federal salmon recovery actions needed 
        to protect and restore wild Columbia and Snake River salmon and 
        steelhead.
    (b) Purposes.--The purpose 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, clean renewable energy in the Northwest, a reliable and 
        affordable freight transportation system, an economically 
        sustainable salmon recovery program; and
            (2) to maximize the economic benefits of removal of the 4 
        lower Snake River dams while mitigating for its impacts.

SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY ACTIONS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Commerce shall enter into an agreement 
with the National Academy of Sciences providing for a scientific 
analysis of Federal salmon recovery actions.
    (b) Review of Snake River Dam Removal and Other Actions.--Pursuant 
to the agreement under subsection (a), the National Academy of Sciences 
shall review, at minimum--
            (1) the impact, if any, that removal of the 4 lower Snake 
        River dams would have on recovery of salmon and steelhead 
        populations; and
            (2) any additional actions that may be necessary to achieve 
        recovery of salmon and steelhead populations.
    (c) Report.--Pursuant to the agreement under subsection (a), the 
National Academy of Sciences shall submit, not later than 10 months 
after the date of enactment of this Act, a report on the results of the 
scientific analysis conducted under the agreement--
            (1) to the Secretary of the Army for consideration in 
        developing the updated feasibility study under section 8;
            (2) to the Secretaries of Commerce, Transportation, Energy, 
        and the Interior and the Administrator of the Environmental 
        Protection Agency; and
            (3) to Congress.

SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVEMENTS.

    (a) In General.--The Secretary of Transportation shall conduct a 
peer-reviewed study of the rail, highway, and Columbia River barge 
infrastructure improvements that would be necessary to ensure a cost-
effective and efficient transportation system for agricultural and 
other shippers who--
            (1) currently use barge transportation between Lewiston, 
        Idaho, and the confluence of the Snake and Columbia Rivers; and
            (2) would be unable to do so if the 4 lower Snake River 
        dams were removed.
    (b) Review of Potential Cost Increases.--In carrying out subsection 
(a), the Secretary of Transportation shall review, at a minimum--
            (1) increases, if any, in shipping costs that would result 
        if the 4 lower Snake River dams were removed; and
            (2) options for addressing any such increases so as to 
        minimize the potential impact on shippers.
    (c) Input of Interested Parties.--In carrying out subsection (a), 
the Secretary of Transportation shall incorporate--
            (1) input and feedback from--
                    (A) farmers and other shippers;
                    (B) the Washington, Idaho, and Oregon State 
                departments of transportation; and
                    (C) other relevant stakeholders in the 
                agricultural, business, and public interest 
                communities; and
            (2) any suggestions or decisions arrived at through 
        consensus deliberations of the same or similar participants.
    (d) Report.--Not later than 12 months after the date of enactment 
of this Act, the Secretary of Transportation shall transmit a report on 
the results of the study--
            (1) to the Secretary of the Army for consideration in 
        developing the updated feasibility study under section 8; and
            (2) to Congress.

SEC. 5. STUDY OF ENERGY REPLACEMENT.

    (a) In General.--The Secretary of Energy, in consultation with the 
Council on Environmental Quality, shall conduct a peer-reviewed study 
of the energy replacement options that exist to replace the power 
currently generated by the 4 lower Snake River dams in the event the 
dams are removed.
    (b) Review of Potential Clean Renewable Energy Resources and 
Certain Projects.--In carrying out subsection (a), the Secretary of 
Energy shall review--
            (1) existing, planned, and potential clean renewable energy 
        resources; and
            (2) energy efficiency, energy conservation, and combined 
        heat and power projects.
    (c) Report.--Not later than 12 months after the date of enactment 
of this Act, the Secretary of Energy shall transmit a report on the 
results of the study--
            (1) to the Secretary of the Army for consideration in 
        developing the updated feasibility study under section 8; and
            (2) to Congress.

SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVITALIZATION.

    (a) In General.--The Secretary of the Army, in consultation with 
relevant State and local governments and interested parties, shall 
conduct a study of--
            (1) the riverfront revitalization and restoration 
        opportunities that would exist in the event of the removal of 
        the 4 lower Snake River dams; and
            (2) the costs that would be incurred to implement such 
        revitalization and restoration measures.
    (b) Riverfront Revitalization.--In carrying out subsection (a), the 
Secretary of the Army shall focus on riverfront revitalization for 
Lewiston, Idaho, and Clarkston, Washington, but may include a review of 
other impacted communities along the 140 miles of the lower Snake 
River.
    (c) Peer Review.--The study shall be subject to peer review 
generally in accordance with section 2034 of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343) to determine the accuracy of 
the preferred engineering options and costs determined by the 
Secretary.
    (d) Report.--Not later than 12 months after the date of enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
results of the study, including the Secretary's determinations 
concerning engineering options and costs.

SEC. 7. STUDY OF IRRIGATION PROTECTIONS.

    (a) In General.--The Secretary of the Interior, acting through the 
Bureau of Reclamation, shall conduct a peer-reviewed study of the 
options and costs regarding any modifications to affected irrigation 
systems, cooling systems, and private wells that would be needed if the 
4 lower Snake River dams were removed.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Secretary of the Interior shall transmit a report on 
the study--
            (1) to the Secretary of the Army for consideration in 
        developing the updated feasibility study under section 8; and
            (2) to Congress.

SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOVERY.

    (a) Dam Removal Authorization.--Congress hereby determines that the 
Secretary of the Army may remove the 4 lower Snake River dams.
    (b) Review and Update of Feasibility Study.--The Secretary of the 
Army, in consultation with the Secretary of Commerce, the Secretary of 
the Interior, and the Administrator of the Environmental Protection 
Agency, 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.
    (c) Considerations.--The updated feasibility study shall--
            (1) take into consideration the results of the studies and 
        analyses carried out under this Act; and
            (2) incorporate and address, at a minimum--
                    (A) current and expected future climate change 
                impacts on Columbia and Snake River salmon and 
                steelhead populations and their habitat;
                    (B) replacement of the 4 lower Snake River dams' 
                average energy output (not nameplate capacity) with 
                clean renewable energy resources, including energy 
                efficiency and conservation;
                    (C) options for keeping currently irrigated acreage 
                intact and under irrigation in a dam removal scenario;
                    (D) costs associated with Lower Granite Dam 
                reservoir sediment/flood risk mitigation in a non-dam-
                removal scenario;
                    (E) Passive Use Values associated with both dam 
                removal and non-dam-removal scenarios; and
                    (F) alternate methods for removing the 4 lower 
                Snake River dams in addition to the method analyzed in 
                the 2002 environmental impact statement, including full 
                dam removal and removing or notching the dams' concrete 
                portions.
    (d) 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 24 months after the date of 
        enactment of this Act;
            (2) include in the report a determination of engineering 
        options and costs; and
            (3) 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 the 
        Water Resources Development Act of 2007 (33 U.S.C. 2343) 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.--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;
                    (H) biomass energy (as defined in section 932(a) of 
                the Energy Policy Act of 2005 (42 U.S.C. 16232(a))), 
                excluding energy derived from--
                            (i) pulping liquor from paper production; 
                        or
                            (ii) forest materials from old growth 
                        forests; or
                    (I) any combination of the energy resources 
                described in this paragraph.
            (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)). 
        The term shall not be construed as just those actions needed to 
        avoid jeopardy of these salmon and steelhead populations under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (3) 4 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-reviewed study.--The term ``peer-reviewed study'' 
        means, unless otherwise specified, a study subject to peer 
        review in accordance with the guidelines issued by the Director 
        of the Office of Management and Budget under section 515 of the 
        Treasury and General Government Appropriations Act, 2001 (as 
        enacted into law by Public Law 106-554; 114 Stat. 2763A-153).
            (5) Salmon and steelhead populations.--The term ``salmon 
        and steelhead populations'' means the 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)).
                                 <all>