[House Report 106-806]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-806
======================================================================
PACIFIC SALMON RECOVERY ACT
_______
September 6, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 2798]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2798) to authorize the Secretary of Commerce to provide
financial assistance to the States of Alaska, Washington,
Oregon, and California for salmon habitat restoration projects
in coastal waters and upland drainages, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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(g)),
the Secretary--
(1) shall allocate 85 percent among qualified States, in
equal amounts; and
(2) shall allocate 15 percent among qualified tribal
governments, in amounts determined by the Secretary.
(c) Transfer.--
(1) In general.--The Secretary shall promptly transfer--
(A) to a qualified State that has submitted a
Conservation and Restoration Plan under section 3(a)
amounts allocated to the qualified State under
subsection (b)(1) of this section, unless the Secretary
determines, within 30 days after the submittal of the
plan to the Secretary, that the plan is inconsistent
with the requirements of this Act; and
(B) to a qualified tribal government that has entered
into a memorandum of understanding with the Secretary
under section 3(b) amounts allocated to the qualified
tribal government under subsection (b)(2) of this
section.
(2) Transfers to qualified 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 Salmon Recovery Fund, 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 shall be
reallocated under subsection (b)(1) among the other qualified
States, if--
(A) the qualified State has not submitted a plan in
accordance with section 3(a) as of the end of the
fiscal year; or
(B) 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 shall 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(b) as of the end of the fiscal year.
SEC. 3. RECEIPT AND USE OF ASSISTANCE.
(a) Qualified State Salmon Conservation and Restoration Plan.--
(1) In general.--To receive assistance under this Act, a
qualified State shall develop and submit to the Secretary a
Salmon Conservation and Salmon Habitat Restoration Plan.
(2) Contents.--Each Salmon Conservation and Salmon
Restoration Plan 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;
(D) in the case of a plan submitted by a qualified
State in which, as of the date of the 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 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 plan 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 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 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 plan under this
subsection a qualified State shall seek comments on the plan
from local governments in the qualified State.
(b) Tribal MOU With Secretary.--
(1) In general.--To receive assistance under this Act, a
qualified tribal government shall enter into a memorandum of
understanding with the Secretary regarding use of the
assistance.
(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) 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
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 ordinances or
regulations of the qualified tribal
government;
(D) in the case of a memorandum of understanding
entered into by a qualified tribal government for an
area in which, as of the date of the enactment of this
Act, there is no area at which a salmon species that is
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
described in subsection (a)(2)(D)(i);
(ii) include a requirement that the
memorandum shall be revised within one year
after any date on which any salmon species that
spawns in the area 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) establish specific requirements for reporting to
the Secretary by the qualified tribal government;
(H) 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 or
recovery of salmon; and
(I) require that the 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 enactment of
this Act.
(c) Eligible Activities.--
(1) In general.--Assistance under this Act may be used by a
qualified State in accordance with a plan submitted by the
State under subsection (a), or by a qualified tribal government
in accordance with a memorandum of understanding entered into
by the government under subsection (b), 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.
(2) Use for local and regional projects.--Funds allocated to
qualified States under this Act shall be used for local and
regional projects.
(d) 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.
(e) Cost Sharing by Qualified States.--
(1) In general.--A qualified State shall match, in the
aggregate, 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.
(f) 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.
(g) Limitation on Administrative Expenses.--
(1) Federal administrative expenses.--Of the amount made
available under this Act each fiscal year, not more than 1
percent may be used by the Secretary for administrative
expenses incurred in carrying out this Act.
(2) State administrative expenses.--Of the amount allocated
under this Act to a qualified State or qualified tribal
government each fiscal year, not more than 3 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 qualified tribal governments.--
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 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(b)(2).
(2) Biannual report.--The Secretary shall, by not later than
December 31 of the second year in which amounts are available
to carry out this Act, and of every second year thereafter,
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives a biannual report on the use of
funds allocated to qualified States under this Act. The report
shall review programs funded by the States and evaluate the
success of this Act in meeting the criteria listed in section
3(a)(2).
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) 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.) 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).
(H) For purposes of application of this Act in
Oregon--
(i) Lahontan cutthroat trout (oncorhnychus
clarki henshawi); and
(ii) Bull trout (salvelinus confluentus).
(5) Secretary.--The term Secretary means the Secretary of
Commerce.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $200,000,000 for each of the
fiscal years 2001, 2002, and 2003 to carry out this Act. Funds
appropriated under this section may remain until expended.
PURPOSE OF THE BILL
The purpose of H.R. 2798, as introduced, is to authorize
the Secretary of Commerce to provide financial assistance to
the States of Alaska, Washington, Oregon, and California for
salmon restoration projects in coastal waters and upland
drainages.
BACKGROUND AND NEED FOR LEGISLATION
The salmon populations on the West Coast have been in
steady decline for a number of years, and the States are
interested in working to help rebuild salmon populations
through habitat restoration and stock rebuilding programs. H.R.
2798 authorizes the appropriations needed and gives the States
and affected Indian tribes the opportunity to make a difference
through local projects to help rebuild dwindling salmon
populations.
In the Pacific Northwest there are steelhead and cutthroat
trout and five species of salmon (chinook, coho, chum, sockeye,
and pink). Pacific salmon and steelhead trout are anadromous
fish whose life cycle starts in fresh water. The fish then move
into the ocean and then return to fresh water when it is time
to spawn. Under the Endangered Species Act (ESA), the Secretary
of Commerce, through the National Marine Fisheries Service
(NMFS), is responsible for protecting endangered or threatened
ocean-going fish and marine animals.
The ESA allows listing of ``distinct population segments''
of vertebrates as endangered or threatened; after listing,
these species are eligible for special protections. NMFS bases
its salmon Evolutionary Significant Unit (ESU) classifications
on salmon genetics and life history traits. NMFS reviews the
biological information of species when considering an ESA
listing to determine the merits of the listing and if the
species is an ESU. To date, the Northwest region of NMFS has
identified 58 ESU on the West Coast. Of the 58 ESUs, 25 salmon
species are currently listed as either endangered or
threatened, two are proposed to be listed, and six are
candidate species.
On October 14, 1998, the Governors of Alaska, California,
Oregon, and Washington sent a letter to the Clinton
Administration proposing a coast-wide Pacific salmon
restoration and conservation fund which would include $50
million for each State for each of six years for salmon
conservation and enhancement projects at local and regional
levels. The President responded to the Governors' request by
including $100 million in his Fiscal Year 2000 budget request
for a Pacific Coastal Salmon Recovery Fund. In addition to the
four States, the President included the coastal Tribes of
California, Oregon, and Washington. The Commerce, Justice, and
State Appropriations for Fiscal Year 2000 included $58 million
for salmon habitat restoration, stock enhancement, and
research. Under this program, the four Pacific coastal States
and the coastal Tribes received funding ($18 million for
Washington, $14 million for Alaska, $9 million for Oregon, $9
million for California, $6 million for the coastal Tribes, and
$2 million for the Columbia River Tribes).
COMMITTEE ACTION
H.R. 2798 was introduced on August 5, 1999, by Congressman
Mike Thompson (D-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On May 18, 2000,
the Subcommittee held a hearing on H.R. 2798. On July 20, 2000,
the Subcommittee met to mark up H.R. 2798. An amendment to
include Idaho as a qualified State and to clarify that salmon
conservation was also a purpose of the bill was offered by
Congressman Mike Simpson (R-ID). The amendment was adopted by
voice vote. The bill was then ordered favorably reported to the
Full Committee by voice vote. On July 26, 2000, the Full
Resources Committee met to consider H.R. 2798. An amendment to
clarify the State matching requirement provisions of federal
funds was offered by Congressman Don Young (R-AK). An amendment
to add lahontan cutthrout trout and bull trout for purposes of
application of the bill in Oregon was offered by Congressman
Peter DeFazio (D-OR). Both amendments were adopted by unanimous
consent. The bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section establishes the short title of the bill as the
``Pacific Salmon Recovery Act''.
Section 2. Salmon conservation and salmon habitat restoration
assistance.
Section 2 outlines how the Secretary of Commerce will
dispense the funds appropriated under this bill.
Subsection (a) specifies that the Secretary of Commerce is
required to provide assistance to qualified States and
qualified tribal governments for salmon conservation and salmon
habitat restoration projects.
Subsection (b) lays out the amounts to be given to
qualified States and qualified tribal governments. The States
will receive equal shares of the 85 percent of the funds
appropriated to the States. Tribal governments will receive 15
percent of the annual appropriation and the Secretary will
determine eligibility and the specific allocations for the
Tribes.
Subsection (c) states that the Secretary shall promptly
transfer funds to qualified States that have submitted
Conservation and Restoration Plans and qualified tribal
governments that have entered into a Memorandum of
Understanding (MOU) with the Secretary.
In addition, this subsection gives the Secretary 30 days to
make a determination on a State Plan's consistency with the
bill, but this subsection does not provide the Secretary with
veto authority over a State's Plan. If the Secretary finds a
Plan inconsistent with the bill, the Secretary shall notify the
State and when the State rectifies the inconsistency the
Secretary shall promptly transfer the funds to that State.
Subsection (d) outlines how the Secretary will reallocate
funds in cases where one or more States have not submitted a
Conservation and Restoration Plan or have not obligated their
funds within a specific amount of time. For those States that
have not submitted a Conservation and Restoration Plan by the
end of one year or have not obligated the federal funds after
two years, the Secretary will reallocate the funds to those
other States which have submitted Conservation and Restoration
Plans. The Secretary will also reallocate a qualified tribal
government's allocation among the other qualified tribal
governments if it has not entered into an MOU after one year.
The Committee does not intend for the Secretary to make a
consistency finding on a State's Salmon Conservation and
Restoration Plan at the end of the fiscal year. The Committee's
intent is for the Secretary to acknowledge that a State has
submitted its Plan and for those that have not, reallocate the
funds.
Section 3. Receipt and use of assistance
Subsection (a) states that a qualified State is required to
submit a Salmon Conservation and Salmon Habitat Restoration
Plan (the Plan) to the Secretary to receive assistance. The
Plan must be consistent with other applicable federal laws, be
consistent with the goal of salmon recovery, and give priority
to listed salmon through projects that benefit salmon and its
habitat. For States that at the dateof enactment do not have
listed salmon that spawn in that State, the use of the assistance also
must conserve salmon and its habitat, but can also be used for salmon-
related research, data collection and monitoring, salmon
supplementation and enhancement, salmon habitat restoration, increasing
economic opportunities for salmon fishermen and national and
international cooperative habitat programs. If after the date of
enactment a species of salmon does become listed in that State, the
Plan must be revised within one year to give priority to projects
targeted to the newly-listed species. A State which did not have any
listed species on the date of enactment but does have salmon which
become listed at a later point may continue to use its funds for other
salmon-related research, data collection and monitoring, salmon
supplementation and enhancement, salmon habitat restoration, increasing
economic opportunities for salmon fishermen and national and
international cooperative habitat programs.
The States will be required to establish specific goals and
timelines for activities funded and include measurable criteria
to evaluate those activities. Activities should be
scientifically based, cost effective, conducted on private land
only with the consent of the landowner, and contribute to the
conservation and recovery of salmon.
The Committee understands that the States, other than
Idaho, currently have Memoranda of Understanding with the
Secretary regarding the use of Fiscal Year 2000 appropriated
funds for salmon recovery. The Committee envisions the States
using these MOUs and any of the State's current programs as the
basis for its Plan.
The Committee believes that these State projects will be
beneficial to the environment and does not expect that a
programmatic environmental impact statement or an environmental
impact statement for each State will be required. The Committee
would encourage the Secretary upon completing the analysis
under the National Environmental Policy Act to make a
determination that no environmental impact statement is
required.
The Committee also encourages the Secretary to
expeditiously approve permits received under section 7 and 10
of the Endangered Species Act for State projects that will
benefit salmon and its habitat. The Committee would also like
to see some coordination between NMFS and the Fish and Wildlife
Service of the Department of the Interior with regard to the
issuance of permits to protect fish life. It is a cumbersome
process for the States to have to get duplicative permits from
each agency. The agencies should coordinate so that the
activities funded under this bill can have the greatest benefit
on salmon and their habitat.
The Committee's intention with the cost effectiveness
requirement is not a formal economic cost benefit analysis, but
more of a subjective weighing of costs and benefits and a
generalized public interest test.
The Committee believes it is very important that the States
continue to fund projects using State funds. The Committee has
therefore required the States to continue to maintain the
aggregate expenditures of funds from non-federal sources for
salmon habitat restoration programs at or above the average
level of such expenditures in the two fiscal years preceding
the date of enactment of the bill. It is also important for the
States to use the federal funds available under this bill on
activities that are conducted in a manner in which and in areas
where the activities will have long-term benefits. In addition,
States should take care to not fund projects in areas where
adjacent or nearby development projects will erode or undo the
benefits of the restoration project.
The Committee supports the funding of local and regional
State projects to conserve and restore salmon and their habitat
and to ensure local participation. Therefore, the Committee has
required qualified States to solicit comments from local
governments when developing its Salmon Conservation and Salmon
Habitat Restoration Plan.
Subsection (b) states that qualified tribal governments are
required to enter into a Memorandum of Understanding with the
Secretary to receive assistance under the bill. The MOU must be
consistent with other applicable federal laws, be consistent
with the goal of salmon recovery, and give priority to listed
salmon through projects that benefit salmon and their habitat.
Qualified tribal governments that, on the date of enactment, do
not have listed salmon that spawn in the State in which the
Indian tribe is located should use the assistance to conserve
salmon and their habitat, but may also use the funds for salmon
related research, data collection and monitoring, salmon
supplementation and enhancement, salmon habitat restoration,
increasing economic opportunities for salmon fishermen and
national and international cooperative habitat programs. If
after the date of enactment a species of salmon does become
listed in that State, the MOU must be revised within one year
to account for the new listed species.
The qualified tribal governments should establish specific
goals and timelines for activities funded and include
measurable criteria to evaluate those activities. The MOU
should contain specific requirements for reporting to the
Secretary. Activities funded should be scientifically based,
cost effective, conducted on private land only with the consent
of the landowner, and contribute to the conservation and
recovery of salmon.
The Committee believes that qualified tribal governments
should continue to fund projects using tribal funds. Therefore,
the Committee has required the qualified tribal governments to
continue to maintain the aggregate expenditures of funds from
non-federal sources for salmon habitat restoration programs at
or above the average level of such expenditures in the two
fiscal years preceding the date of enactment of the bill.
Subsection (c) outlines the use of funds. Qualified States
and qualified tribal governments are authorized to make grants
for the following: watershed evaluation, assessment and
planning; salmon related research; data collection; monitoring;
salmon supplementation and enhancement and salmon habitat
restoration; maintenance and monitoring of projects; technical
training and education projects; and other activities related
to salmon conservation and salmon habitat restoration. Funds
allocated must be used for local and regional projects.
Subsection (d) states that assistance may be used by
qualified States and qualified tribal governments for
activities outside the areas under their jurisdiction if the
activities provide conservation benefits to naturally produced
salmon in streams of concern.
The Committee's intent is to promote the recovery of
naturally produced salmon. However, projects that will benefit
a natural run of salmon that is mixed with an artificially
enhanced run of salmon would still qualify for assistance.
Subsection (e) requires States to match, in the aggregate,
financial assistance provided to the qualified State for a
fiscal year. The States can match the funds in the form of
monetary contributions or in-kind contribution of services for
projects carried out with such assistance. States may not
include funds received from other federal sources as matching
funds. The Secretary is prohibited from requiring States to
provide matching funds on a project by project basis. The
qualified States can count the matching funds as a part of the
aggregate expenditures of funds from non-federal sources
required under subsection (a)(2)(H).
Subsection (f) encourages qualified States and qualified
tribal governments to carefully coordinate salmon conservation
activities to eliminate duplicative and overlapping activities.
The States and tribal governments are also required to consult
with the Secretary to avoid the duplication of projects.
Subsection (g) limits the amount of administrative
overhead. The Secretary is limited to notmore than one percent
for administrative expenses. States and tribal governments are limited
to three percent for administrative expenses. States may include the
cost of holding public meetings related to projects or the development
of the Plan as administrative expenses.
Section 4. Public participation
Section 4 requires qualified States to establish a citizens
advisory committee or other forum for local governments and the
public to participate in obtaining and using assistance
provided under this bill. Qualified tribal governments are
required to hold public meetings to receive recommendations on
the use of assistance provided under this bill.
The Committee does not intend for a State which has process
for public participation to create a new public participation
process, but should include the existing process in its Salmon
Conservation and Salmon Habitat Restoration Plan.
Section 5. Consultation not required
Section 5 states that consultation under section 7 of the
Endangered Species Act is not required based solely on the
provision of financial assistance under this bill.
Section 6. Reports
Section 6 requires qualified States to report annually to
Congress on the use of assistance and compliance with the bill.
In addition, the Secretary is required to report annually to
Congress on qualified tribal government's use of assistance and
compliance with the bill. The Secretary is also required to
report biennially to Congress on the use of assistance by the
qualified States.
Section 7. Definitions
Section 7 defines various terms in the bill.
The term ``Indian tribe'' has the same meaning as that term
in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
The term ``qualified State'' means each of the States of
Alaska, California, Idaho, Oregon and Washington.
The term ``qualified tribal government'' means a tribal
government of an Indian tribe in California, Idaho, Oregon, and
Washington or 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.) that the
Secretary of Commerce in consultation with the Secretary of the
Interior determines is involved in salmon management and
recovery activities under the Endangered Species Act of 1973
and has the management and organization capability to maximize
the benefits of assistance provided under this bill.
The term ``salmon'' means any naturally produced salmon or
naturally produced trout of the following species: coho salmon;
chinook salmon; chum salmon; pink salmon; sockeye salmon;
steelhead trout; sea-run cutthroat trout. In the State of
Oregon, the term also includes two additional species: lahontan
cutthroat trout and bull trout.
Section 8. Authorization of appropriations
Section 8 authorizes an appropriation of $200 million
annually for each of Fiscal Years 2001 through 2003.
committee oversight findings and recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
compliance with house rule xiii
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 28, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2798, the Pacific
Salmon Recovery Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2798--Pacific Salmon Recovery Act
Summary: Assuming appropriation of the authorized amounts,
CBO estimates that implementing H.R. 2798 would cost the
federal government $600 million over the next three years. The
bill would not affect direct spending or receipts; therefore,
pay-as-you-go procedures would not apply. H.R. 2798 contains no
private-sector or intergovernmental mandates as defined in the
Unfunded Mandates Reform Act (UMRA).
H.R. 2798 would authorize the Secretary of Commerce to
provide grants for salmon conservation and habitat restoration
projects. For this purpose, the bill would authorize
appropriations of $200 million for each of fiscal years 2001,
2002, and 2003. The funds would be divided among the states of
Alaska, Washington, Oregon, California, and Idaho and the
Indian tribes in those states.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2798 is shown in the following table.
The costs of this legislation would fall within budget function
300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority \1\........................................ 58 0 0 0 0 0
Estimated Outlays........................................... 19 20 19 0 0 0
Proposed Changes:
Authorization Level......................................... 0 200 200 200 0 0
Estimated Outlays........................................... 0 200 200 200 0 0
Spending Under H.R. 2798:
Authorization Level \1\..................................... 58 200 200 200 0 0
Estimated Outlays........................................... 19 220 219 200 0 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for similar grants to Alaska, California, Oregon,
and Washington and several Indian tribes in those states. The grants were made under a one-year authorization
for salmon recovery grants contained in Public Law 106-113, the Consolidated Appropriations Act, 2000.
Basis of estimate: For this estimate, CBO assumes that H.R.
2798 will be enacted at the beginning of fiscal year 2001 and
that the full amounts authorized will be appropriated for each
year. CBO further assumes that each of the eligible states and
tribes will submit the necessary plans and agreements in 2001.
The estimate of outlays reflects the bill's requirement that
money be transferred promptly to each eligible state and tribe
once the department has approved its plan.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
H.R. 2798 contains no intergovernmental mandates as defined in
UMRA. The bill would benefit Alaska, California, Idaho, Oregon,
and Washington, and tribal governments located in those states,
by authorizing the Secretary of Commerce to grant them funds
for salmon conservation and habitat restoration.
Estimated impact on the private sector: The bill contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local and Tribal Governments: Victoria Heid Hall;
Impact on the Private Sector: Sarah Sitarek.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local or tribal law
This bill is not intended to preempt any State, local or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.