[Senate Report 112-140]
[From the U.S. Government Publishing Office]
112th Congress Report
SENATE
2d Session 112-140
_______________________________________________________________________
Calendar No. 306
PACIFIC SALMON STRONGHOLD CONSERVATION ACT OF 2011
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1401
January 30, 2012.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred twelfth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico MARCO RUBIO, Florida
MARK WARNER, Virginia KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska DEAN HELLER, Nevada
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Todd Bertoson, Republican Staff Director
Jarrod Thompson, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 306
112th Congress Report
SENATE
2d Session 112-140
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PACIFIC SALMON STRONGHOLD CONSERVATION ACT OF 2011
_______
January 30, 2012.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1401]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1401) to conserve wild Pacific
salmon, and for other purposes, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1401, the Pacific Salmon Stronghold
Conservation Act of 2011, is to establish a comprehensive,
strategic, science-based approach to wild salmon conservation.
It would create a structural framework to support efforts to
protect and restore the healthiest remaining wild Pacific
salmon stocks in North America.
Background and Needs
Wild Pacific salmon are central to the economy, environment,
and culture of western North America. However, human
activities, such as damming rivers, fishing, agriculture, and
urban growth are increasingly threatening wild Pacific salmon
habitats and populations. Additionally, salmon populations are
extremely sensitive to local environmental conditions, which
will likely be impacted by climate change. In 2007, a research
article in the Proceedings of the National Academy of Sciences
of the United States, a highly respected scientific periodical
published by the National Academy of Sciences, concluded that
climate change will likely have a large negative impact on
fresh water salmon habitat, as well as cause a ``spatial shift
in salmon abundance,'' with higher-elevation watersheds
becoming less suitable habitat due to the transitions from
snowy to rainy environments.\1\
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\1\ Battin, James; Wiley, Matthew W.; Ruckelshaus, Mary H.; Palmer,
Richard N.; Korb, Elizabeth; Bartz, Krista K.; and Imaki, Hiroo (2007).
Projected impacts of climate change on salmon habitat restoration.
Proceedings of the National Academy of Sciences vol. 104 no. 16 6720-
6725.
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To combat these myriad threats, a number of Federal, State,
and local salmon recovery programs have been established, most
of which are focused on the important task of recovering
threatened or endangered stocks. At the Federal level, the
Endangered Species Act (ESA) and the Pacific Coastal Salmon
Recovery Fund (PCSRF) play an important role in Pacific salmon
conservation and recovery efforts. The National Oceanic and
Atmospheric Administration's (NOAA's) National Marine Fisheries
Service (NMFS) is charged with implementing the ESA
requirements for marine species, including anadromous Pacific
salmonids (i.e., chum salmon, pink salmon, sockeye salmon,
chinook salmon, coho salmon, and steelhead trout). Based on a
petition from an individual, organization, or State agency (or
alternatively on its own initiative) NMFS conducts a review to
determine whether a marine species is threatened or endangered,
and thus merits listing under the ESA. NMFS has identified over
50 evolutionarily significant units (ESUs) of salmon and
steelhead trout in the region of California and the Pacific
Northwest, of which 28 are listed as threatened or endangered.
Once a species or ESU is listed under the ESA, NMFS must
designate critical habitat and formulate a recovery plan for
the species. When a listed species is determined to no longer
be threatened or endangered (as the case may be), based on the
best scientific and commercial data available, it is eligible
to be delisted.
NMFS is also responsible for administering the PCSRF, which
was established by Congress in 2000 after the Governors of
Washington, Oregon, California, and Alaska collectively
requested a mechanism to address the additions of West Coast
salmon and steelhead trout to the ESA list of threatened
species. Aiming to protect, restore, and conserve these
populations and their habitats, the PCSRF provides funding for
thousands of recovery projects conducted by Pacific Northwest
States and tribes. Since its inception, the PCSRF has enabled
the removal of thousands of barriers to passage and the
reopening of thousands of miles of habitat for Pacific salmon.
While the ESA and PCSRF are critically important in
protecting Pacific salmon species, they are largely focused on
recovery of already depleted populations rather than supporting
healthy salmon populations. Additionally, the Federal, State
and local agencies, non-profits, and private entities that
focus on Pacific salmon and steelhead conservation make for a
complex web of interrelated, and in some cases overlapping or
conflicting, jurisdictions. For example, NMFS has
responsibility for anadromous Pacific salmonids, while the U.S.
Fish and Wildlife Service (USFWS) has jurisdiction over non-
anadromous (or resident) forms of sockeye salmon and steelhead.
This type of divisional authority can result in a lack of a
centralized strategy which can greatly hinder conservation
efforts.
Fisheries scientists and natural resource managers are
generally in agreement that comprehensive, strategic
conservation of the healthiest aquatic habitats, or
``strongholds,'' for a given fish species is an efficient and
highly cost-effective method for the conservation of fish
populations and the preservation of the important role they
play in ecosystems and our economy.\2\ This is based on the
fundamental concept that targeted conservation of a distributed
network of a depleted species, capturing key centers of
productivity, abundance, and diversity, provides the foundation
for a range-wide strategy to ensure the viability of that
species into the future.
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\2\ See S. 817, The Pacific Salmon Stronghold Conservation Act:
Hearing before the Subcomm. on Oceans, Atmosphere, Fisheries, and Coast
Guard of the S. Comm. on Commerce, Science, & Transportation, 111th
Cong. at 11 (2010) (statement of Mr. Guido Rahr, President and Chief
Executive, Wild Salmon Ctr.) (stating ``There is broad agreement among
scientific colleagues in and outside of government that the
identification and protection of a portfolio of salmon strongholds
represents a critical plank in any broader salmon conservation and
management strategy.''); and see id. at 20 (statement of Sara LaBorde,
Special Assistant to the Dir., Wash. Dep't of Fish & Wildlife) (stating
that ``many . . . are enthusiastic about increasing our attention on
the Nation's healthiest wild salmon populations. We all know that
prevention will save money, avoiding costly restoration.'').
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Some efforts at this form of preventive management have
already begun at the State and local levels. A prime example is
the North American Salmon Stronghold Partnership (Stronghold
Partnership). Chartered in December 2007, the Stronghold
Partnership was formed for the purpose of identifying and
protecting a network of the healthiest remaining wild Pacific
salmon ecosystems in North America, in order to ensure the
long-term survival of salmon, steelhead trout, and the many
species that depend on them and the watersheds they inhabit. It
is a voluntary partnership that serves to coordinate public and
private resources and the activities of local communities,
State and Federal agencies, tribes, nonprofit organizations,
and private interests which seek to work collaboratively on
salmon conservation and restoration activities across Alaska,
California, Idaho, Oregon, and Washington.
Summary of Provisions
S. 1401 would establish the Salmon Stronghold Partnership as
a cooperative, incentive-based, public-private partnership to
identify and conserve salmon strongholds. The Partnership's
board would include representatives of Alaska, California,
Idaho, Oregon, and Washington States, as well as
representatives from specified entities. The Act would
authorize a salmon stronghold watershed grants and technical
assistance program to support protection and restoration
activities. It would also require the Assistant Administrator
of NMFS to carry out specific information and assessment
functions associated with salmon strongholds, and would
authorize the sharing of status and trends data, innovative
conservation strategies, conservation planning methodologies,
and other information with other North Pacific countries,
including Canada, Japan, Russia, and South Korea as well as
appropriate international entities, to promote Pacific salmon
conservation.
Legislative History
S. 1401 was introduced by Senator Cantwell on July 21, 2011,
and referred to the Committee on Commerce, Science, and
Transportation. Senators Begich, Boxer, Feinstein, Merkley,
Murkowski, Murray, and Wyden are original cosponsors of the
legislation. On November 2, 2011, the Committee met in open
Executive Session and, by voice vote, ordered S. 1401 reported
with an amendment in the nature of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1401--Pacific Salmon Stronghold Conservation Act of 2011
Summary: S. 1401 would authorize the National Oceanic and
Atmospheric Administration (NOAA) to carry out certain
activities related to the conservation of certain salmon
habitats. Assuming appropriation of the necessary amounts, CBO
estimates that implementing the legislation would cost $118
million over the 2012-2016 period.
Enacting the legislation could increase offsetting receipts
(from private donations) and associated direct spending;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that the net effects would be negligible for each
year. Enacting the bill would not affect revenues.
S. 1401 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1401 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2012 2013 2014 2015 2016 2012-2016
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 30 31 32 32 33 158
Estimated Outlays....................................... 6 22 27 31 32 118
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted early in 2012 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar NOAA activities.
S. 1401 would require the Secretary of Commerce to
establish a partnership between public and private entities to
identify and protect certain salmon habitats. The bill would
authorize NOAA to provide grants to support the activities of
the partnership. The bill also would authorize NOAA to collect
and disseminate information related to salmon habitats. Based
on information provided by NOAA about the cost of performing
similar activities, CBO estimates that implementing the
legislation would cost $118 million over the 2012-2016 period,
assuming appropriation of the necessary amounts.
Pay-As-You-Go Considerations: The statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending and
revenues. Enacting S. 1401 could increase offsetting receipts
and associated direct spending; therefore, pay-as-you-go
procedures apply. However, CBO estimates that the net effects
would be negligible for each year. Enacting the bill would not
affect revenues.
Intergovernmental and private-sector impact: S. 1401
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no cost on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Ryan Miller; Impact on
the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1401 would establish a comprehensive, strategic, science-
based approach to wild salmon stronghold conservation. It would
create a structural framework to support efforts to protect and
restore the healthiest remaining wild Pacific salmon stocks in
North America. It does not authorize any new regulations, and
therefore would not subject any individuals or businesses to
new regulations.
ECONOMIC IMPACT
The provisions of this bill are not expected to have any
negative impact on individuals, consumers, or businesses.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
S. 1401 is not expected to create any additional paperwork
requirements.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This section would provide that this Act may be cited as the
Pacific Salmon Stronghold Conservation Act of 2011.
Section 2. Purposes
This section would state that the purposes of this Act are
to: (1) expand Federal support and resources for the protection
and restoration of the healthiest remaining salmon strongholds
in North America to sustain core centers of salmon abundance,
productivity, and diversity in order to ensure the long-term
viability of salmon populations in the States of Alaska,
California, Idaho, Oregon, and Washington by focusing resources
on cooperative, incentive-based efforts and increasing
available resources for public and private organizations
working cooperatively to conserve regional core centers of
salmon abundance and diversity; (2) maintain billions of
dollars in economic activity and tens of thousands of jobs from
salmon related activities that rely on healthy salmon
populations and salmon stronghold habitats; (3) maintain and
enhance economic benefits related to fishing or associated with
healthy salmon stronghold habitats, including flood protection,
recreation, water quantity and quality, carbon sequestration,
climate change mitigation and adaptation, and other ecosystem
services; and (4) complement and add to existing Federal,
State, and local salmon recovery efforts by using sound science
to identify and sustain core centers of salmon abundance,
productivity, and diversity in the healthiest remaining salmon
ecosystems throughout their range.
Section 3. Definitions
This section would define: (1) ``Administrator'' as the
Assistant Administrator for NMFS of NOAA; (2) ``Board'' as the
Salmon Stronghold Partnership Board; (3) ``charter'' as the
charter of the Salmon Stronghold Partnership Board; (4)
``Director'' as the Director of USFWS; (5) ``ecosystem
services'' as the ecological benefits generated from a healthy,
functioning ecosystem, including clean water, pollutant
filtration, regulation of river flow, prevention of soil
erosion, regulation of climate, and fish production; (6)
``program'' as the salmon stronghold watershed grants and
technical assistance program; (7) ``salmon'' as any of the wild
anadromous Oncorhynchus species that occur in the Western
United States, including chum salmon, pink salmon, sockeye
salmon, chinook salmon, coho salmon, and steelhead trout; (8)
``salmon stronghold'' as status conferred to a defined
geographical unit which meets biological criteria for
abundance, productivity, diversity (genetic and life history),
habitat quality, or other biological attributes important to
sustaining viable populations of salmon throughout their range,
as defined by the Board; (9) ``Salmon Stronghold Partnership''
as the Salmon Stronghold Partnership established under section
4; and (10) ``Secretary'' as the Secretary of Commerce.
Section 4. Salmon Stronghold Partnership
This section would direct the Secretary to establish a
cooperative, incentive-based, public-private Salmon Stronghold
Partnership (Partnership) between stakeholders for the purpose
of identifying and conserving salmon strongholds. This section
instructs the Secretary to establish a Board of the Salmon
Stronghold Partnership, which would consist of one
representative from each of the following: (1) NMFS; (2) USFWS;
(3) the U.S. Forest Service; (4) the Environmental Protection
Agency (EPA); (5) the Bonneville Power Administration; (6) the
Bureau of Land Management; (7) the Northwest Power and
Conservation Council; (8) the office of the Governor or an
appropriate natural resource agency from each of the States of
Alaska, California, Idaho, Oregon, and Washington; (9) three
non-governmental organizations with salmon conservation
expertise selected by the Board; and (10) an association of
counties selected by the Board. Additionally, the Board would
include 3-5 representatives from Indian tribes or tribal
commissions located within the range of a salmon species.
This section would require that the Board meet at least three
times a year with timely notice to guarantee adequate input
from a broader set of stakeholders and fisheries experts. It
would require the Board to nominate and select a Chairperson
from among the members of the Board and establish a standing
science committee. In addition, this section would require for
the Board to develop a written charter to reflect the purposes,
intent, and governance framework of the Partnership.
Section 5. Information and assessment
This section would require the Assistant Administrator of
NMFS to carry out specific information and assessment functions
associated with salmon strongholds, including: (1) triennial
stronghold assessments; (2) geographic information system and
mapping support; (3) projections of climate change impacts on
habitats and life history stages of salmon; (4) development and
application of models and other tools to identify salmon
conservation actions projected to have the greatest positive
impacts on salmon abundance, productivity, or diversity within
salmon strongholds; and (5) measurement of the effectiveness of
Partnership activities.
Section 6. Salmon Stronghold Watershed Grants and Technical Assistant
Program
This section would require the Assistant Administrator of
NMFS to establish a salmon stronghold watershed grants and
technical assistance program to support protection and
restoration activities. Activities that would be supported by
the program include: (1) funding the administration of the
Partnership in carrying out its charter; (2) encouraging
cooperation among the entities represented on the Board, local
authorities, and private entities to establish a network of
salmon strongholds, and assist locally in specific actions that
support the Partnership; (3) supporting entities represented on
the Board in their efforts to develop and fund salmon
stronghold initiatives; (4) maintaining a forum to share best
practices and approaches, employ consistent and comparable
metrics, forecast and address climate impacts, and monitor,
evaluate, and report regional status and trends of salmon
ecosystems in coordination with related regional and State
efforts; (5) carrying out activities and existing conservation
programs in, and across, salmon strongholds on a regional scale
to achieve the goals of the Partnership; (6) accelerating the
implementation of recovery plans in salmon strongholds that
have salmon populations listed as threatened or endangered
under the ESA; and (7) developing and disseminating information
pertaining to the Partnership.
This section details the selection process for projects that
would be eligible to receive assistance under the program. A
State with an efficient, cost-effective, and competitive grant
program for salmon conservation and a viable plan to provide
accountability under the program would be provided program
funds by the National Fish and Wildlife Foundation (NFWF) for
the selection and administration of intrastate projects. If,
however, NFWF and the Board determine the State lacks such a
competitive grant program, then NFWF, in consultation with the
Board, would select and administer projects to be carried out
within the State. An interstate project or programmatic
initiative would receive funding from and be administered by
NFWF, in consultation with the Board. All projects would be
selected in accordance with criteria developed by the Board,
which would require that a project which receives assistance
under the program: (1) contribute to the conservation of
salmon; (2) meet the criteria for eligibility in the charter;
(3) address a factor limiting or threatening to limit
abundance, productivity, diversity, habitat quality, or other
biological attributes important to sustaining viable salmon
populations within a salmon stronghold, or be a programmatic
action that supports the Partnership; (4) address limiting
factors to healthy ecosystem processes or sustainable fisheries
management; (5) have the potential for conservation benefits
and broadly applicable results; and (6) meet cost-sharing and
expense limitation requirements. The Federal share of the cost
for a project on non-Federal land would not be allowed to
exceed 50 percent of the total cost, while the Federal share of
up to 100 percent would be allowed for projects on Federal
land. Non-Federal shares of cost would not be allowed to be
derived from Federal grant programs, but would be allowed to
include in-kind contributions. Any amounts provided by the
Bonneville Power Administration directly or through a grant to
another entity used to carry out a project that receives
assistance under the program would be required to be credited
toward the non-Federal share of the cost of the project. Of the
amount made available to a State, NFWF, and NOAA under the
program for each fiscal year, that State, NFWF, and NOAA would
not be allowed to expend more than five percent of the amount
for administrative and reporting expenses necessary to carry
out this section. Each person that receives assistance from a
State or NFWF would be required to provide periodic reports to
the State or NFWF, as appropriate, to evaluate the progress and
success of the project. At least every three years, NFWF and
each State provided funding for programs and would be required
to submit a report of activities to the Assistant Administrator
of NMFS to evaluate the implementation of the program.
Section 7. Interagency cooperation
This section would require that the heads of each Federal
agency or department with stewardship over land within a salmon
stronghold work with the Assistant Administrator of NMFS and
the Director of USFWS to coordinate and streamline Partnership
and other interagency salmon conservation efforts.
Section 8. International cooperation
This section would authorize the Assistant Administrator of
NMFS and the Board to share conservation data, strategies,
methodologies, and other relevant information to North Pacific
countries, including Canada, Japan, Russia, and South Korea, in
addition to appropriate international entities for the
promotion of salmon and salmon habitat conservation. This
section recommends that the Assistant Administrator of NMFS and
the Board encourage North Pacific countries to establish their
own respective salmon strongholds.
Section 9. Acquisition and transfer of real property interests
This section would restrict the acquisition of land and the
funding of projects to those whose aims and goals are aligned
with the program. Property acquisition under the program would
require the written consent of the owners or interests of the
property. This section would also prohibit property transfers
from the program to another entity unless: (1) the entity is
committed to manage the property in accordance with the spirit
of the Act; or, (2) the transfer provides for the reversion of
the property to the U.S. Government in the event the entity
fails to manage the property in accordance with the Act.
Section 10. Administrative provisions
This section would allow the Secretary, in concert with the
Board, to: (1) enter into and to use cooperative agreements,
contracts and grants and to make funds available for salmon
stronghold protection, restoration, or enhancement activities;
(2) apply for, accept, and use grants from any person to carry
out the purposes of this Act, unless prohibited by any other
provision of law; and (3) make funds available to any Federal
agency or department to award financial assistance for any
salmon stronghold project consistent with the Act.
This section would allow the Secretary to enter into an
agreement with a 501(c)(3) organization and to accept donations
of funds or services to carry out activities under this Act.
Donations would be considered gifts or bequests to the United
States and would be allowed to be used by the Secretary, or in
the case of donated property, by the Secretary of the Interior,
or be provided to other Federal agencies or departments through
interagency agreements.
Section 11. Limitations
This section states that the Act does not aim to: (1) create
a reserved water right, expressly or implicitly, in the United
States for any purpose, or affect the management or priority of
water rights under State law; (2) affect existing water rights
under Federal or State law; (3) affect any Federal or State law
in existence on the date of enactment of this Act regarding
water quality or water quantity; (4) affect the authority,
jurisdiction, or responsibility of any agency or department of
the United States or of a State to manage, control, or regulate
fish and resident wildlife under a Federal or State law or
regulation; (5) authorize the Secretary or the Secretary of the
Interior to control or regulate hunting or fishing under State
law; (6) abrogate, abridge, affect, modify, supersede, or
otherwise alter any right of a federally recognized Indian
tribe under any applicable Federal or tribal law or regulation;
or (7) diminish or affect the ability of the Secretary or the
Secretary of the Interior to join the adjudication of rights to
the use of water.
Section 12. Reports to Congress
This section would direct the Assistant Administrator of
NFMS, in consultation with the Director of USFWS, to submit a
report to Congress describing the activities conducted under
the Act at least every three years. The report would include
recommendations, if any, for legislation relating to the
Partnership.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.