[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.

                                
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