[House Report 107-95]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-95
======================================================================
PACIFIC SALMON RECOVERY ACT
_______
June 12, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1157]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1157) to authorize the Secretary of Commerce to provide
financial assistance to the States of Alaska, Washington,
Oregon, California, and Idaho for salmon habitat restoration
projects in coastal waters and upland drainages, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 1157 is to authorize the Secretary of
Commerce to provide financial assistance to the States of
Alaska, California, Idaho, Oregon and Washington for salmon
habitat restoration projects in coastal waters and upland
drainages.
Background and Need for Legislation
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, moves into the
ocean and then returns to fresh water when it is time to spawn.
These anadromous fish migrate many miles, from river to ocean
and back. Along the way they encounter dams, predators,
commercial and recreational harvest, and changing ocean
conditions, all of which can cause salmon mortality.
The National Marine Fisheries Service (NMFS), within the
National Oceanic and Atmospheric Administration of the
Department of Commerce, has management authority over salmon in
the region. To date, the Northwest region of NMFS has
identified 58 Evolutionary Significant Units (ESUs) on the West
Coast. ESUs can be protected under the Endangered Species Act.
Of the 58 ESUs, 26 salmon species are currently listed as
either endangered or threatened, one is proposed to be listed,
and five are candidate species under the Endangered Species
Act.
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 per State for each of six years for salmon conservation
and enhancement projects at local and regional levels within
each State. The President responded to the Governors' request
by including $100 million in his Fiscal Year 2000 budget
request to Congress 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 Act for Fiscal Year
2000 included $58 million for salmon habitat restoration, stock
enhancement, and research. 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.
In the 106th Congress, Congressman Mike Thompson (D-CA)
introduced H.R. 2798 to authorize the appropriations to the
States for this salmon recovery program. The legislation passed
the House twice, once as a stand alone bill and again as part
of H.R. 5086, a bill including a number of fish and wildlife
provisions. The Senate did not act on either measure. However,
the omnibus appropriation bill for Fiscal Year 2001 authorized
$90 million for the States of Alaska, California, Oregon and
Washington through Fiscal Year 2003 for coastal salmon
restoration programs. The bill appropriated $90 million to the
States for Fiscal Year 2001.
Congressman Thompson reintroduced H.R. 2798 in the 107th
Congress as H.R. 1157. The bill would authorize appropriations
of $200 million to the States of Alaska, California, Idaho,
Oregon and Washington for Fiscal Years 2002-2004. Tribes in
each of the States are also qualified to receive funds. The
States and Tribes are required to match the funds they receive.
The money appropriated would go toward projects which would
restore and conserve endangered and threatened salmon,
steelhead, sea-run cutthroat trout and their habitat. In
addition, Lahontan cutthroat trout and bull trout habitat
restoration will receive funding in Oregon as will bull trout
habitat in Washington and Oregon. The bill requires annual
reports to Congress from the States and the Secretary of
Commerce for the Tribes on the use of funds.
When H.R. 1157 is considered on the House Floor, the
Committee intends to offer an amendment to the bill which
addresses some concerns raised regarding funding outlays as
part of the grant program and also which repairs a small direct
spending problem. In addition, Congressman Don Young (R-AK) had
filed in Committee but did not offer an amendment to strike
Section 8 of the bill and clarifies a definition of ``qualified
tribal government''. The proposed Committee amendment would
execute this amendment. The amendment will significantly reduce
the fiscal impact of H.R. 1157.
Committee Action
H.R. 1157 was introduced on March 21, 2001, 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 16, 2001,
the Full Resources Committee met to consider the bill. The
Subcommittee on Fisheries Conservation, Wildlife and Oceans was
discharged from further consideration of the bill by unanimous
consent. The bill was ordered favorably reported to the House
of Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title
This section establishes the short title of the Act 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 authorized under this Act.
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) allocates 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 tothe 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 determine a State
Conservation and Restoration Plan's consistency with the Act,
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 Act, 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 the Fiscal Year or have not obligated the federal funds
after two Fiscal 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
by the end of the Fiscal 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 Restoration 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 salmon listed under
the Endangered Species Act through projects that benefit salmon
and its habitat. For States that at the date of enactment of
H.R. 1157 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 Memorandums 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 States' current programs as the
basis for their Salmon Conservation and Restoration Plan.
The Committee also encourages the Secretary to
expeditiously approve permits under Sections 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 U.S. Fish and Wildlife
Service with regard to the issuance of permits to protect
salmon. The agencies should coordinate so that the activities
funded under this Act can have the greatest benefit on salmon
and their habitat.
The Committee's intention with the cost effectiveness
requirement is not to mandate 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 Act. It is also important for the
States to use the federal funds available under this Act 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
Restoration Plan.
Subsection (b) states that qualified Tribal governments are
required to enter into an MOU with the Secretary to receive
assistance under the Act. 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 opportunitiesfor 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 Act.
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) of this section.
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 not more 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 Conservation and Restoration
Plan as administrative expenses.
Section 4. Public participation
Section 4 requires each qualified State 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 Act. Qualified Tribal
governments are required to hold public meetings to receive
recommendations on the use of assistance provided under this
Act.
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 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.
Section 6. Reports
Section 6 requires qualified States to report annually to
Congress on the use of assistance and compliance with the Act.
In addition, the Secretary is required to report annually to
Congress on qualified Tribal governments' use of assistance and
compliance with the Act. 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 Act.
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 a 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 andhas the management and
organization capability to maximize the benefits of assistance provided
under this Act.
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; and sea-run cutthroat trout. For the State of
Oregon the term also includes Lahontan cutthroat trout. Bull
trout is included in this term for Oregon, Washington and
Idaho.
Section 8. Pacific Salmon Treaty
Section (a) authorizes representation on the Transboundary
Panel of the Pacific Salmon Commission as part of the Pacific
Salmon Treaty Act of 1985 (16 U.S.C. 3632).
Section (b) authorizes expenses and compensation for United
States representatives on the Northern and Southern fund
Committees.
Section (c) authorizes total appropriations of $75 million
for the Northern Fund and $65 million for the Southern Fund for
Fiscal Years 2001 through 2004.
Section 9. Treatment of International Fishery Commission pensioners
This section affects U.S. citizens who served as employees
of the International Pacific Salmon Fisheries Commission and
the Internal North Pacific Fisheries Commission and who worked
in Canada in their course of employment. The President is
required to calculate the difference between the valuation of
the Commissions' annuity for each employee in U.S. currency and
in Canadian currency for the past and future annuity payments.
Employees are to be compensated out of existing funds for any
differences found.
Section 10. Authorization of appropriations
Section 10 authorizes an appropriation of $200 million
annually for Fiscal Years 2002 through 2004.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of Section 9 of the bill would result in increased
direct spending, but that the cost of the payments would be
less than $500,000. However, the Committee intends to amend
this provision of the bill during Floor consideration to
eliminate the direct spending issue.
3. General Performance Goals and Objectives. As required
under clause 3(c)(4) of rule XIII, the general performance goal
or objective of this bill is to authorize the Secretary of
Commerce to provide financial assistance to the States of
Alaska, Washington, Oregon, California and Idaho for salmon
habitat restoration projects in coastal waters and upland
drainages.
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, June 8, 2001.
Hon. James V. Hansen,
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. 1157, the Pacific
Salmon Recovery Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and Melissa Zimmerman.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1157--Pacific Salmon Recovery Act
Summary: H.R. 1157 would authorize funding for salmon
conservation programs in the Pacific Northwest. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 1157 would cost the federal government $510
million over the next five years. The bill would increase
direct spending by mandating lump-sum payments to retirees of
certain former international commissions, so pay-as-you-go
procedures would apply. But CBO estimates that the cost of
these payments would be less than $500,000. H.R. 1157 contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA).
H.R. 1157 would establish a grant program under the
National Oceanic and Atmospheric Administration (NOAA) for
salmon conservation and habitat restoration projects. For this
purpose, the bill would authorize appropriations of $200
million for each of fiscal years 2002, 2003, and 2004. The bill
also would extend the existing authorization of appropriations
to the Pacific Salmon Commission. Specifically, the legislation
would authorize the appropriation of $75 million for the
Northern Boundary and Transboundary Rivers Restoration and
Enhancement Fund and $65 million for the Southern Boundary
Restoration and Enhancement Fund for each fiscal year through
2004. A portion of the $340-million annual total is authorized
under current law for 2002 and 2003. Finally, the bill would
direct the President of the United States to provide additional
retirement funds to former employees of the defunct
International Pacific Salmon Fisheries Commission and
International North Pacific Fisheries Commission.
Estimated cost to the Federal Government: The bill would
increase the authorization levels for conservation and
restoration grants by $100 million in 2002 and 2003. It would
also eliminate an existing $30 million authorization for grants
for local economic assistance for 2002. Consequently, the net
increase in grant funding under the bill would be $70 million
in 2002. The estimated budgetary impact of H.R. 1157 is shown
in the following table. The costs of this legislation would
fall within budget function 300 (natural resources and
environment).
----------------------------------------------------------------------------------------------------------------
By fiscal years, in millions of dollars--
-----------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law for Pacific Salmon programs:
Authorization level \1\............................... 140 270 240 0 0 0
Estimated outlays..................................... 100 254 247 74 33 0
Proposed changes:
Authorization level................................... 0 70 100 340 0 0
Estimated outlays \2\................................. 0 137 133 273 -33 0
Spending under H.R. 1157:
Authorization level................................... 140 340 340 340 0 0
Estimated outlays..................................... 100 391 380 347 0 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for activities similar to those authorized by H.R.
1157. The levels for 2002 and 2003 are the amounts authorized for these purposes by Title VI of the
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001.
\2\ We estimate that implementing H.R. 1157 would reduce outlays in 2005 by $33 million because the bill would
mandate that conservation and restoration grants be paid to states and tribes more rapidly than expected under
current law.
Basis of estimate: H.R. 1157 would authorize appropriations
to benefit salmon conservation programs of the Pacific Salmon
Commission, state conservation agencies in Alaska, Washington,
Oregon, California, and Idaho, and Indian tribes in those
states. For this estimate, CBO assumes that the full amounts
authorized by H.R. 1157 will be appropriated and transferred to
each eligible entity in each fiscal year. The estimate of
outlays reflects the bill's requirement that grant money be
paid in a lump sum to each eligible state or tribe once it
submits a satisfactory conservation plan to NOAA.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Acts sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. Section
9 would increase direct spending by requiring the federal
government to make a payment to the retirees of two defunct
international fisheries commissions. The payment would be the
difference between the retirement benefits that they currently
receive in Canadian dollars from an international pension
society, and what those benefits would be if paid in U.S.
dollars without accounting for the difference in the value of
these currencies. The lump-sum payments would be equal to the
difference in the exchange rate for these currencies for all
past and estimated future retirement benefits. Based on
information provided by the Department of State and the
eligible retirees, CBO estimates that enacting section 9 would
cost the federal government less than $500,000 in fiscal year
2002 or 2003.
Estimated impact on State, local, and tribal governments:
H.R. 1157 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 and
Melissa Zimmerman; impact on State, local and tribal
governments: Victoria Heid Hall; impact on the private sector:
Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PACIFIC SALMON TREATY ACT OF 1985
SEC. 3. UNITED STATES SECTION.
(a) * * *
* * * * * * *
(f) Transboundary Panel.--The United States shall be
represented on the transboundary Panel by seven Panel members,
of whom--
(1) one shall be an official of the United States
Government with salmon fishery management
responsibility and expertise;
(2) one shall be an official of the State of Alaska
with salmon fishery management responsibility and
expertise; and
(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
transboundary Panel is responsible.
[(f)] (g) The United States shall be represented on the
Transboundary Panel by seven panel members, of whom--
(1) one shall be an official of the United States
Government, with salmon fishery management
responsibility and expertise;
(2) one shall be an official of the State of Alaska,
with salmon fishery management responsibility and
expertise; and
(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
Transboundary Panel is responsible.
[(g)] (h) Panel Appointments.--Panel members described in
subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be
appointed by the Governor of the applicable State. Panel
members described in subsections (c)(4) and (e)(3) shall be
appointed by the Secretary of the Interior from lists of
nominations provided by the appropriate treaty Indian tribes.
All other Panel members shall be appointed by the Secretary:
Provided, That at least one member of the northern Panel shall
be a voting member of the North Pacific Fishery Management
Council, at least one member of the southern Panel shall be a
voting member of the Pacific Fishery Management Council; and
the Panel members described in subsections (c)(5), (d)(3), and
(e)(4) shall be appointed from lists of nominations provided by
the Governors of the applicable States. For the northern,
southern, and Fraser River panels, the appointing authorities
listed above may also designate an alternate Panel member,
meeting the same qualifications and having the same term of
office, to service in the absence of a Panel member appointed
under this subsection. Panel members and alternate Panel
members, other than the southern Panel member described in
subsection (c)(5), shall serve four-year terms; except that the
Secretary of State shall designate one-half of the initial
appointments to each Panel as serving two-year terms. The
southern Panel member described in subsection (c)(5) and the
corresponding alternate shall each be appointed for one-year
terms; the first such member shall be appointed from the
commercial sector and an alternate shall be appointed from the
recreational sector, with the alternate succeeding to the
member position in the subsequent year; thereafter the member
and alternate positions shall rotate between the commercial and
recreational sectors on an annual basis. Any individual
appointed to fill a vacancy occurring prior to the expiration
of any term of office shall be appointed for the remainder of
that term. Panel members and alternates shall be eligible for
reappointment and may attend all meetings of the relevant
United States Panel Section.
[(h)] (i) Voting Requirements.--(1) * * *
* * * * * * *
(i) Consultation.--In carrying out their functions under the
Treaty, the Commissioners and Panel members may consult with
such other interested parties as they consider appropriate. The
Federal Advisory Committee Act (5 U.S.C. 1 et seq.) shall not
apply.
* * * * * * *
SEC. 11. ADMINISTRATIVE MATTERS.
(a) Commissioners and Alternate Commissioners who are not
State or Federal employees shall receive compensation [at the
daily rate of GS-18 of the General Schedule] at the maximum
daily rate of pay payable under section 5376 of title 5, United
States Code, when engaged in the actual performance of duties
for the United States Section or for the Commission.
(b) Panel Members and Alternate Panel Members who are not
State or Federal employees shall receive compensation [at the
daily rate of GS-16 of the General Schedule] at the minimum
daily rate of pay payable under section 5376 of title 5, United
States Code, when engaged in the actual performance of duties
for the United States Section or for the Commission.
(c) Compensation for Representatives on Northern Fund and
Southern Fund Committees.--United States Representatives on the
Pacific Salmon Treaty Northern Fund Committee and Southern Fund
Committee who are not State or Federal employees shall receive
compensation at the minimum daily rate of pay payable under
section 5376 of title 5, United States Code, when engaged in
the actual performance of duties for the United States Section
or for the Commission.
[(c)] (d) Travel and other necessary expenses shall be paid
for all United States Commissioners, Alternate Commissioners,
Panel Members, Alternate Panel Members, members of the Joint
Technical Committee, members of the Northern Fund Committee,
members of the Southern Fund Committee, and members of the
Advisory Committee when engaged in the actual performance of
duties for the United States Section or for the Commission.
[(d)] (e) Except for officials of the United States
Government, such individuals shall not be considered to be
Federal employees while engaged in the actual performance of
duties for the UnitedStates Section or for the Commission,
except for the purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and chapter
71 of title 28, United States Code.
* * * * * * *
Sec. 16. (a) Northern Fund and Southern Fund.--
(1) As provided in the June 30, 1999, Agreement of
the United States and Canada on the Treaty Between the
Government of the United States and the Government of
Canada Concerning Pacific Salmon, 1985 (hereafter
referred to as the ``1999 Pacific Salmon Treaty
Agreement'') there are hereby established a Northern
Boundary and Transboundary Rivers Restoration and
Enhancement Fund (hereafter referred to as the
``Northern Fund'') and a Southern Boundary Restoration
and Enhancement Fund (hereafter referred to as the
``Southern Fund'') to be held by the Pacific Salmon
Commission. The Northern Fund and Southern Fund shall
be invested in interest bearing accounts, bonds,
securities, or other investments in order to achieve
the highest annual yield consistent with protecting the
principal of each Fund. Income from investments made
pursuant to this paragraph shall be available until
expended, without appropriation or fiscal year
limitation, for programs and activities relating to
salmon restoration and enhancement, salmon research,
the conservation of salmon habitat, and implementation
of the Pacific Salmon Treaty and related agreements.
Amounts provided by grants under this subsection may be
held in interest bearing accounts prior to the
disbursement of such funds for program purposes, and
any interest earned may be retained for program
purposes without further appropriation. The Northern
Fund and Southern Fund are subject to the laws
governing Federal appropriations and funds and to
unrestricted circulars of the Office of Management and
Budget. Recipients of amounts from either Fund shall
keep separate accounts and such records as are
reasonably necessary to disclose the use of the funds
as well as to facilitate effective audits.
(2) Fund Management.--
(A) As provided in the 1999 Pacific Salmon
Treaty Agreement, amounts made available from
the Northern Fund pursuant to paragraph (1)
shall be administered by a Northern Fund
Committee, which shall be comprised of three
representatives of the Government of Canada,
and three representatives of the United States.
The three United States representatives shall
be the United States Commissioner and Alternate
Commissioner appointed (or designated) from a
list submitted by the Governor of Alaska for
appointment to the Pacific Salmon Commission
and the Regional Administrator of the National
Marine Fisheries Service for the Alaska Region.
Only programs and activities consistent with
the purposes in paragraph (1) which affect the
geographic area from Cape Caution, Canada to
Cape Suckling, Alaska may be approved for
funding by the Northern Fund Committee.
(B) As provided in the 1999 Pacific Salmon
Treaty Agreement, amounts made available from
the Southern Fund pursuant to paragraph (1)
shall be administered by a Southern Fund
Committee, which shall be comprised of three
representatives of Canada and three
representatives of the United States. The
United States representatives shall be
appointed by the Secretary of Commerce: one
shall be selected from a list of three
qualified individuals submitted by the
Governors of the States of Washington and
Oregon; one shall be selected from a list of
three qualified individuals submitted by the
treaty Indian tribes (as defined by the
Secretary of Commerce); and one shall be the
Regional Administrator of the National Marine
Fisheries Service for the Northwest Region.
Only programs and activities consistent with
the purposes in paragraph (1) which affect the
geographic area south of Cape Caution, Canada,
may be approved for funding by the Southern
Fund Committee.
(b) Pacific Salmon Treaty Implementation.--(1) None of the
funds authorized by this section for implementation of the 1999
Pacific Salmon Treaty Agreement shall be made available until
each of the following conditions to the 1999 Pacific Salmon
Treaty Agreement has been fulfilled--
(A) stipulations are revised and court orders
requested as set forth in the letter of understanding
of the United States negotiators dated June 22, 1999.
If such orders are not requested by December 31, 1999,
this condition shall be considered unfulfilled; and
(B) a determination is made that--
(i) the entry by the United States into the
1999 Pacific Salmon Treaty Agreement;
(ii) the conduct of the Alaskan fisheries
pursuant to the 1999 Pacific Salmon Treaty
Agreement, without further clarification or
modification of the management regimes
contained therein; and
(iii) the decision by the North Pacific
Fisheries Management Council to continue to
defer its management authority over salmon to
the State of Alaska are not likely to cause
jeopardy to, or adversely modify designated
critical habitat of, any salmonid species
listed under Public Law 93-205, as amended, in
any fishery subject to the Pacific Salmon
Treaty.
(2) If the requests for orders in subparagraph (1)(A) are
withdrawn after December 31, 1999, or if such orders are not
entered by March 1, 2000, amounts in the Northern Fund and the
Southern Fund shall be transferred to the general fund of the
United States Treasury.
(3) During the term of the 1999 Pacific Salmon Treaty
Agreement, the Secretary of Commerce shall determine whether
Southern United States fisheries are likely to cause jeopardy
to, or adversely modify designated critical habitat of, any
salmonid species listed under Public Law 93-205, as amended,
before the Secretary of Commerce may initiate or reinitiate
consultation on Alaska fisheries under such Act.
(4) During the term of the 1999 Pacific Salmon Treaty
Agreement, the Secretary of Commerce may not initiate or
reinitiateconsultation on Alaska fisheries under section 7 of
Public Law 93-205, as amended, until--
(A) the Pacific Salmon Commission has had a
reasonable opportunity to implement the provisions of
the 1999 Pacific Salmon Treaty Agreement, including the
harvest responses pursuant to paragraph 9, chapter 3 of
Annex IV to the Pacific Salmon Treaty; and
(B) he determines, in consultation with the United
States Section of the Pacific Salmon Commission, that
implementation actions under the 1999 Agreement will
not return escapements as expeditiously as possible to
maximum sustainable yield or other biologically-based
escapement objectives agreed to by the Pacific Salmon
Commission.
(5) The Secretary of Commerce shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives of his
intent to initiate or reinitiate consultation on Alaska
fisheries.
(6)(A) For purposes of this section, ``Alaska fisheries''
means all directed Pacific salmon fisheries off the coast of
Alaska that are subject to the Pacific Salmon Treaty.
(B) For purposes of this section, ``Southern United States
fisheries'' means all directed Pacific salmon fisheries in
Washington, Oregon, and the Snake River basin of Idaho that are
subject to the Pacific Salmon Treaty.
(c) Improved Salmon Management.--Section 3(g) of Public Law
99-5, as amended, is amended--
(1) in paragraph (1) by striking ``The'' and
inserting ``Except as provided in paragraph (2), the'';
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) A decision of the United States Section with respect to
any salmon fishery regime covered by chapter 1 or 2 (except
paragraph 4 of chapter 2) of Annex IV to the Pacific Salmon
Treaty of 1985 shall be taken upon the affirmative vote of the
United States Commissioner appointed from the list submitted by
the Governor of Alaska pursuant to subsection (a). A decision
of the United States Section with respect to any salmon fishery
regime covered by chapter 4, 5 (except paragraph 2(b) of
chapter 5), or 6 of the Pacific Salmon Treaty of 1985 shall be
taken upon the affirmative vote of both the United States
Commissioner appointed from the list submitted by the Governors
of Washington and Oregon pursuant to subsection (a) and the
United States Commissioner appointed from the list submitted by
the treaty Indian tribes of the State of Idaho, Oregon, or
Washington pursuant to subsection (a). Before a decision of the
United States Section is made under this paragraph, the voting
Commissioner or Commissioners shall consult with the
Commissioner who is an official of the United States Government
under subsection (a)''; and
(3) by renumbering the existing paragraphs.
(d) Authorization of Appropriations.--For capitalizing the
Northern Fund and Southern Fund established under the 1999
Pacific Salmon Treaty Agreement and related agreements, there
are authorized to be appropriated a total of $75,000,000 for
the Northern Fund and a total of $65,000,000 for the Southern
Fund for fiscal years 2001, 2002, 2003, and 2004, for the
implementation of those agreements.
----------
SECTION 623 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2000
[Sec. 623. (a) Northern Fund and Southern Fund.--
[(1) As provided in the June 30, 1999, Agreement of
the United States and Canada on the Treaty Between the
Government of the United States and the Government of
Canada Concerning Pacific Salmon, 1985 (hereafter
referred to as the ``1999 Pacific Salmon Treaty
Agreement'') there are hereby established a Northern
Boundary and Transboundary Rivers Restoration and
Enhancement Fund (hereafter referred to as the
``Northern Fund'') and a Southern Boundary Restoration
and Enhancement Fund (hereafter referred to as the
``Southern Fund'') to be held by the Pacific Salmon
Commission. The Northern Fund and Southern Fund shall
be invested in interest bearing accounts, bonds,
securities, or other investments in order to achieve
the highest annual yield consistent with protecting the
principal of each Fund. Income from investments made
pursuant to this paragraph shall be available until
expended, without appropriation or fiscal year
limitation, for programs and activities relating to
salmon restoration and enhancement, salmon research,
the conservation of salmon habitat, and implementation
of the Pacific Salmon Treaty and related agreements.
Amounts provided by grants under this subsection may be
held in interest bearing accounts prior to the
disbursement of such funds for program purposes, and
any interest earned may be retained for program
purposes without further appropriation. The Northern
Fund and Southern Fund are subject to the laws
governing Federal appropriations and funds and to
unrestricted circulars of the Office of Management and
Budget. Recipients of amounts from either Fund shall
keep separate accounts and such records as are
reasonably necessary to disclose the use of the funds
as well as to facilitate effective audits.
[(2) Fund Management.--
[(A) As provided in the 1999 Pacific Salmon
Treaty Agreement, amounts made available from
the Northern Fund pursuant to paragraph (1)
shall be administered by a Northern Fund
Committee, which shall be comprised of three
representatives of the Government of Canada,
and three representatives of the United States.
The three United States representatives shall
be the United States Commissioner and Alternate
Commissioner appointed (or designated) from a
list submitted by the Governor of Alaska for
appointment to the Pacific Salmon Commission
and the Regional Administrator of the National
Marine Fisheries Service for the Alaska Region.
Only programs and activities consistent with
the purposes in paragraph (1) which affect the
geographic area from Cape Caution, Canadato
Cape Suckling, Alaska may be approved for funding by the Northern Fund
Committee.
[(B) As provided in the 1999 Pacific Salmon
Treaty Agreement, amounts made available from
the Southern Fund pursuant to paragraph (1)
shall be administered by a Southern Fund
Committee, which shall be comprised of three
representatives of Canada and three
representatives of the United States. The
United States representatives shall be
appointed by the Secretary of Commerce: one
shall be selected from a list of three
qualified individuals submitted by the
Governors of the States of Washington and
Oregon; one shall be selected from a list of
three qualified individuals submitted by the
treaty Indian tribes (as defined by the
Secretary of Commerce); and one shall be the
Regional Administrator of the National Marine
Fisheries Service for the Northwest Region.
Only programs and activities consistent with
the purposes in paragraph (1) which affect the
geographic area south of Cape Caution, Canada
may be approved for funding by the Southern
Fund Committee.
[(b) Pacific Salmon Treaty Implementation.--(1) None of the
funds authorized by this section for implementation of the 1999
Pacific Salmon Treaty Agreement shall be made available until
each of the following conditions to the 1999 Pacific Salmon
Treaty Agreement has been fulfilled--
[(A) stipulations are revised and court orders
requested as set forth in the letter of understanding
of the United States negotiators dated June 22, 1999.
If such orders are not requested by December 31, 1999,
this condition shall be considered unfulfilled; and
[(B) a determination is made that--
[(i) the entry by the United States into the
1999 Pacific Salmon Treaty Agreement;
[(ii) the conduct of the Alaskan fisheries
pursuant to the 1999 Pacific Salmon Treaty
Agreement, without further clarification or
modification of the management regimes
contained therein; and
[(iii) the decision by the North Pacific
Fisheries Management Council to continue to
defer its management authority over salmon to
the State of Alaska are not likely to cause
jeopardy to, or adversely modify designated
critical habitat of, any salmonid species
listed under Public Law 93-205, as amended, in
any fishery subject to the Pacific Salmon
Treaty.
[(2) If the requests for orders in subparagraph (1)(A) are
withdrawn after December 31, 1999, or if such orders are not
entered by March 1, 2000, amounts in the Northern Fund and the
Southern Fund shall be transferred to the general fund of the
United States Treasury.
[(3) During the term of the 1999 Pacific Salmon Treaty
Agreement, the Secretary of Commerce shall determine whether
Southern United States fisheries are likely to cause jeopardy
to, or adversely modify designated critical habitat of, any
salmonid species listed under Public Law 93-205, as amended,
before the Secretaryof Commerce may initiate or reinitiate
consultation on Alaska fisheries under such Act.
[(4) During the term of the 1999 Pacific Salmon Treaty
Agreement, the Secretary of Commerce may not initiate or
reinitiate consultation on Alaska fisheries under section 7 of
Public Law 93-205, as amended, until--
[(A) the Pacific Salmon Commission has had a
reasonable opportunity to implement the provisions of
the 1999 Pacific Salmon Treaty Agreement, including the
harvest responses pursuant to paragraph 9, chapter 3 of
Annex IV to the Pacific Salmon Treaty; and
[(B) he determines, in consultation with the United
States Section of the Pacific Salmon Commission, that
implementation actions under the 1999 Agreement will
not return escapements as expeditiously as possible to
maximum sustainable yield or other biologically-based
escapement objectives agreed to by the Pacific Salmon
Commission.
[(5) The Secretary of Commerce shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives of his
intent to initiate or reinitiate consultation on Alaska
fisheries.
[(6)(A) For purposes of this section, ``Alaska fisheries''
means all directed Pacific salmon fisheries off the coast of
Alaska that are subject to the Pacific Salmon Treaty.
[(B) For purposes of this section, ``Southern United States
fisheries'' means all directed Pacific salmon fisheries in
Washington, Oregon, and the Snake River basin of Idaho that are
subject to the Pacific Salmon Treaty.
[(c) Improved Salmon Management.--Section 3(g) of Public Law
99-5, as amended, is amended--
[(1) in paragraph (1) by striking ``The'' and
inserting ``Except as provided in paragraph (2), the'';
[(2) by inserting after paragraph (1) the following
new paragraph:
[``(2) A decision of the United States Section with respect
to any salmon fishery regime covered by chapter 1 or 2 (except
paragraph 4 of chapter 2) of Annex IV to the Pacific Salmon
Treaty of 1985 shall be taken upon the affirmative vote of the
United States Commissioner appointed from the list submitted by
the Governor of Alaska pursuant to subsection (a). A decision
of the United States Section with respect to any salmon fishery
regime covered by chapter 4, 5 (except paragraph 2(b) of
chapter 5), or 6 of the Pacific Salmon Treaty of 1985 shall be
taken upon the affirmative vote of both the United States
Commissioner appointed from the list submitted by the Governors
of Washington and Oregon pursuant to subsection (a) and the
United States Commissioner appointed from the list submitted by
the treaty Indian tribes of the State of Idaho, Oregon, or
Washington pursuant to subsection (a). Before a decision of the
United States Section is made under this paragraph, the voting
Commissioner or Commissioners shall consult with the
Commissioner who is an official of the United States Government
under subsection (a)''; and
[(3) by renumbering the existing paragraphs.
[(d)(1) Pacific Salmon Treaty.--
[(A) For capitalizing the Northern Fund there is
authorized to be appropriated in fiscal years 2000,
2001, 2002, and 2003 a total of $75,000,000.
[(B) For capitalizing the Southern Fund there is
authorized to be appropriated in fiscal years 2000,
2001, 2002, and 2003 a total of $65,000,000.
[(C) To provide economic adjustment assistance to
fishermen pursuant to the 1999 Pacific Salmon Treaty
Agreement, there is authorized to be appropriated in
fiscal years 2000, 2001, and 2002 a total of
$30,000,000.
[(2) Pacific Coastal Salmon Recovery.--
[(A) For salmon habitat restoration, salmon stock
enhancement, and salmon research, including the
construction of salmon research and related facilities,
there is authorized to be appropriated for each of
fiscal years 2000, 2001, 2002, and 2003, $90,000,000 to
the States of Alaska, Washington, Oregon, and
California. Amounts appropriated pursuant to this
subparagraph shall be made available as direct
payments. The State of Alaska may allocate a portion of
any funds it receives under this subsection to eligible
activities outside Alaska.
[(B) For salmon habitat restoration, salmon stock
enhancement, salmon research, and supplementation
activities, there is authorized to be appropriated in
each of fiscal years 2000, 2001, 2002, and 2003,
$10,000,000 to be divided between the Pacific Coastal
tribes (as defined by the Secretary of Commerce) and
the Columbia River tribes (as defined by the Secretary
of Commerce).]