[Congressional Record Volume 147, Number 173 (Thursday, December 13, 2001)]
[Senate]
[Pages S13150-S13153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself, Mr. Craig, Mr. Crapo, Mr. Wyden, Mr. 
        Smith of Oregon, and Mrs. Feinstein):
  S. 1825. 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; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. BOXER. Mr. President, I am very pleased to be introducing the 
Pacific Salmon Recovery Act to grant Federal funding for salmon 
recovery efforts in California, Idaho, Washington, Oregon, and Alaska. 
The Salmon Recovery Act authorizes the Secretary of Commerce to provide 
$350 million during each of the next six fiscal years to these five 
western States and the Tribes in that region.
  In California, as in much of the West, wild salmon stocks have 
collapsed. Their precipitous decline is the result of habitat 
destruction, overfishing, pollution, and dams that block the passage of 
fish to and from their spawning areas. The results have been tragic. 
Fishermen have lost their jobs. Tribes have lost species that are their 
religious and cultural icons. And, the environment is suffering.
  This bill would help to remedy these problems by investing in the 
restoration of these economic and culturally important fish. 
Specifically, it will provide funds to support projects in coastal 
waters and river habitats that will help restore and recover wild 
salmon. It directs that priority be given to the restoration of species 
listed as threatened or endangered under the Endangered Species Act. It 
establishes criteria to ensure that funds are not wasted on projects 
that will not benefit fish. It directs the Secretary of Commerce to 
develop a process for peer reviewing proposed projects to ensure that 
only scientifically sound projects receive funding. And, it requires 
States and Tribes to provide an annual spending plan to Congress as 
well as a one-time comprehensive plan for salmon restoration.
  It is important to note that Idaho and the Tribes will finally be 
eligible for Pacific Salmon Recovery Fund dollars as a result of this 
bill. There is no justification for them to have been excluded in the 
past. Additionally, this bill requires that the funds be divided 
equally among the 5 States. This will ensure that the funding 
distribution is not distorted by political pressures.
  I am particularly pleased that the supporters of this bill come from 
across the political spectrum. I am joined in the introduction of this 
bill by Senators Craig, R-ID, Crapo, R-ID, Wyden, D-OR, Smith, R-OR, 
and Feinstein, D-CA. We worked together for many months to craft this 
legislation. We were ultimately successful because we all share the 
same goal, saving wild salmon.
  Finally, this bill illustrates clearly that our economy and our 
environment are linked. I have always said we cannot have a healthy 
economy without a healthy environment. In restoring the salmon, we will 
also be restoring the economy of many communities in the West that are, 
or were, dependent on healthy salmon runs.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1825

       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--

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       (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.

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       (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 of 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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