[House Report 108-272]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-272
======================================================================
PACIFIC SALMON RECOVERY ACT
_______
September 16, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1945]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1945) 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
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(f)),
the Secretary--
(1) shall allocate 90 percent among qualified States, in
equal amounts; and
(2) shall allocate 10 percent among qualified tribal
governments, in amounts determined by the Secretary.
(c) Transfer.--
(1) In general.--The Secretary shall promptly transfer to a
qualified State or qualified tribal government that has entered
into a memorandum of understanding under section 3(a) amounts
allocated to the qualified State or qualified tribal
government, respectively, under subsection (b) of this section.
(2) Transfers to qualified states.--The Secretary shall make
the transfer to a qualified State under paragraph (1)--
(A) to the Washington State Salmon Recovery Board, in
the case of amounts allocated to Washington;
(B) to the Oregon State Watershed Enhancement Board,
in the case of amounts allocated to Oregon;
(C) to the California Department of Fish and Game for
the California Coastal Salmon Recovery Program, in the
case of amounts allocated to California;
(D) to the Governor of Alaska, in the case of amounts
allocated to Alaska; and
(E) to the Office of Species Conservation, in the
case of amounts allocated to Idaho.
(d) Reallocation.--
(1) Amounts allocated to qualified states.--Amounts that are
allocated to a qualified State for a fiscal year may be
reallocated under subsection (b)(1) among the other qualified
States, if 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 may 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(a) as of the
end of the fiscal year.
SEC. 3. RECEIPT AND USE OF ASSISTANCE.
(a) Memoranda of Understanding.--
(1) In general.--To receive assistance under this Act, a
qualified State or qualified tribal government must enter into
a memorandum of understanding with the Secretary in accordance
with this subsection.
(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) 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 or
resolutions, ordinances, or regulations
of the qualified tribal government,
respectively;
(D) in the case of a memorandum of understanding
submitted by a qualified State or qualified tribal
government the jurisdiction of which, as of the date of
the enactment of this Act, contains 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 memorandum
of understanding 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 or 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 the 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 memorandum of
understanding under this subsection a qualified State should to
the extent practicable seek comments on the memorandum of
understanding from local governments in the qualified State.
(b) Eligible Activities.--
(1) In general.--Assistance under this Act may be used by a
qualified State or by a qualified tribal government in
accordance with a memorandum of understanding entered into by
the government under subsection (a), 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.
(F) In the case of a memorandum of understanding
regarding conservation and restoration in Washington or
Idaho, other activities to protect and restore Bull
trout.
(G) In the case of a memorandum of understanding
regarding conservation and restoration in Oregon, other
activities to protect and restore Lahontan cutthroat
trout and Bull trout.
(2) Use for local and regional projects.--Funds allocated to
qualified States under this Act shall be used for local and
regional projects.
(c) 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.
(d) Cost Sharing by Qualified States.--
(1) In general.--A qualified State shall match 25 percent of
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.
(e) 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.
(f) Limitation on Administrative Expenses.--
(1) Federal administrative expenses.--Of the amount made
available under this Act each fiscal year, not more than 2
percent may be used by the Secretary for administrative
expenses incurred in carrying out this Act.
(2) State and tribal administrative expenses.--Of the amount
allocated under this Act to a qualified State or qualified
tribal government each fiscal year, not more than 4 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 financial assistance.--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 States and 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(a)(2).
(2) Annual report regarding memoranda of understanding.--The
Secretary shall, by not later than one year after the date of
the enactment of this Act, and annually thereafter--
(A) review the memorandum of understanding under
section 3(a) of each qualified State and each qualified
tribal government and the review process of each
qualified State and each qualified tribal government
salmon recovery program; and
(B) report on such review to the Committee on
Commerce, Science and Transportation of the Senate and
the Committee on Resources of the House of
Representatives, including recommendations of any means
to make the State or tribal programs more efficient for
salmon recovery.
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) a 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).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
SEC. 8. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY COMMISSION
PENSIONERS.
The President shall--
(1) determine the number of United States citizens who--
(A) served as employees of the International Pacific
Salmon Fisheries Commission or the International North
Pacific Fisheries Commission; and
(B) worked in Canada in the course of employment with
that commission;
(2) calculate for each such employee the difference between--
(A) the value, in United States currency, of the
annuity payments made and to be made (determined by an
actuarial valuation) by or on behalf of each such
commission to the employee; and
(B) the value, in Canadian currency, of such annuity
payments; and
(3) by not later than September 1, 2004, submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science and Transportation of the Senate
a report on the determinations and calculations made under
paragraphs (1) and (2).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $200,000,000 for each of the
fiscal years 2004, 2005, and 2006 to carry out this Act. Funds
appropriated under this section may remain until expended.
SEC. 10. SENSE OF THE CONGRESS REGARDING BIPARTISAN JULY 2000 GOALS.
It is the sense of the Congress that the Congress supports the
bipartisan July 2000 goals, objectives, and recommendations of the
Governors of Idaho, Montana, Oregon, and Washington to protect and
restore salmon and other aquatic species to sustainable and harvestable
levels while meeting the requirements of the Endangered Species Act of
1973, the Clean Water Act, the Pacific Northwest Electric Power
Planning and Conservation Act, tribal treaty rights, and executive
orders and while taking into account the need to preserve a sound
economy in Alaska, California, Idaho, Montana, Oregon, and Washington.
PURPOSE OF THE BILL
The purpose of H.R. 1945, the Pacific Salmon Recovery Act,
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.
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.
In the early 1990s, the Northwest region of the National Marine
Fisheries Services reviewed the status of west coast
populations of Pacific salmon and steelhead with respect to the
Endangered Species Act (ESA). To date, the agency has
identified over 50 Evolutionary Significant Units of salmon and
steelhead from California to the Pacific Northwest, of which 26
are currently listed under the ESA.
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 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's
funding request included funding for the coastal Indian tribes
of California, Oregon, and Washington.
While the fiscal year 2000 appropriations bill (Public Law
106-113) appropriated funds to the States for that fiscal year,
it was the omnibus appropriation bill for fiscal year 2001
(Public Law 106-553) that authorized $100 million for salmon
habitat restoration, salmon stock enhancement, and salmon
research for the States of Alaska, California, Oregon and
Washington for each of the fiscal years 2000-2003. Pacific
coastal tribes and Columbia River tribes were also included in
this authorization. Since fiscal year 2000, the States have
received a total of: $73 million (Alaska); $49 million
(California); $49 million (Oregon); and $98 million
(Washington). The coastal tribes have received $32 million and
the Columbia River tribes have received $11 million. This
authorization of appropriations expires this fiscal year.
In the 106th and 107th Congresses, Congressman Mike
Thompson (D-CA) introduced H.R. 2798 and H.R. 1157 respectively
to authorize appropriations to the States for salmon recovery
programs. The bills passed the House in both Congresses, but
the Senate did not act on the measures in either Congress.
Congressman Thompson reintroduced the provisions as H.R.
1945 in the 108th Congress. The bill would authorize $250
million to the States of Alaska, California, Idaho, Oregon and
Washington for fiscal each year 2004-2006. 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,
once appropriated, would go toward projects which would restore
and conserve endangered and threatened salmon, steelhead, sea-
run cutthrout trout and their habitat. In addition, Lahontan
cutthroat trout and bull trout habitat restoration projects
qualify to receive funding in Oregon as will bull trout habitat
in Washington and Oregon. The bill requires annual reports to
Congress from each of the States, and the Secretary of Commerce
for the tribes and the States, reviewing the use of funds.
COMMITTEE ACTION
H.R. 1945 was introduced on May 1, 2003, 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 June 11, 2003,
the Full Resources Committee met to consider the bill. The
Subcommittee was discharged from further consideration by
unanimous consent. Congressman Wayne Gilchrest (R-MD) offered
an amendment in the nature of a substitute that reduced the
authorized appropriations to $200 million each fiscal year;
changed the allocation of funds to the States and tribes from
an 85-15 split to a 90-10 split; increased the cap on
administrative costs by 1 percent; added a review process by
the Secretary of Commerce; deleted the section requiring State
conservation plans, and instead required each State to have a
Memorandum of Understanding; deleted the section requiring the
purchase of American-made equipment and products; and deleted
the section requiring a report on timber practices in Canada.
Congressman Jay Inslee (D-WA) offered an amendment to amend the
implementation of recovery plans and withdrew it. The Gilchrest
amendment was adopted by voice vote. The bill as amended was
then 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) details the amounts to be given to qualified
States and qualified tribal governments. The States will
receive equal shares of 90 percent of the funds appropriated to
the States. Tribal governments will receive 10 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 and qualified tribal
governments that have a Memorandum of Understanding (MOU) with
the Secretary.
Subsection (d) outlines how the Secretary will reallocate
funds in cases where one or more States have not obligated
matching funds after two years. 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.
Section 3. Receipt and use of assistance
Subsection (a) states that a qualified State and qualified
tribal government is required to have a MOU with the Secretary
to receive assistance. 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 its habitat. For States and tribal
governments that at the date of enactment do not have listed
salmon that spawn in areas under its jurisdiction, 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, the MOU must be revised within one
year to give priority to projects targeted to the newly listed
species. A State or tribal government 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 and tribal governments 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, and some tribal governments currently have MOUs with the
Secretary regarding the use of appropriated funds for salmon
recovery. A Committee review of the current State and tribal
MOUs reveals many consistencies with the MOU requirements in
the legislation. The Committee does not envision the States or
tribal governments having to redraft or renegotiate their
current MOU with the Secretary or make major changes to their
State processes. However, if an MOU should be reviewed and
modified by the State and the Secretary, every effort should be
made to ensure the MOU complies with the MOU requirement of
this legislation.
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.
The Committee also encourages the Secretary to
expeditiously approve permits received under sections 7 and 10
of the Endangered Species Act for State projects that will
benefit salmon and its habitat. The Committee would recommend
greater coordination between the National Marine Fisheries
Service 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 to salmon and their habitat.
The Committee's intention is that the cost effectiveness
requirement not necessarily be a requirement for 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
and tribal governments continue to fund projects using State
and tribal 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 and tribal governments
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 and tribal governments 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 making determinations on what programs will
receive assistance.
Subsection (b) 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. It is
not the intent of the Committee that funds be used to purchase
land or water rights. Funds allocated must be used for local
and regional projects. For the State of Oregon, qualified
activities may also include programs for Lahontan cutthroat
trout and bull trout and qualified activities for bull trout
may be undertaken in the States of Washington and Idaho. The
Secretary of the Interior, the agency with management authority
over Lahontan cutthroat trout and bull trout, should be
consulted and existing recovery plans for these species
reviewed prior to the expenditure of funds.
Subsection (c) 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 or rivers of concern.
Subsection (d) requires States to match 25 percent of the
financial assistance provided to the qualified State for a
fiscal year. The States can match the funds in the form of
monetarycontributions 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 (e) encourages qualified States and qualified
tribal governments to 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 (f) limits the amount of administrative
overhead. The Secretary is limited to not more than two percent
for administrative expenses. States and tribal governments are
limited to four percent for administrative expenses. States and
tribal governments may include the cost of holding public
meetings related to projects 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. The Committee does
not intend for a State which has a process for public
participation to create a new public participation process.
Qualified tribal governments are required to hold public
meetings to receive recommendations on the use of assistance
provided under this Act.
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 Act.
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 States' and qualified tribal governments'
use of assistance and compliance with the Act. The Secretary is
also required to report on the review process each State has
for its salmon conservation programs and make recommendations
on how the State or tribal programs can more effectively
restore salmon populations.
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 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 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.
The term ``Secretary'' means the Secretary of Commerce.
Section 8. Report regarding treatment of International Fishery
Commission pensioners
The President is required to calculate the difference
between the valuation of the Commissions' annuity for each
employee's payment in U.S. currency and in Canadian currency
for the past and future annuity payments and report those
findings by September 1, 2004.
Section 9. Authorization of appropriations
Section 9 authorizes an appropriation of $200 million
annually for Fiscal Years 2004 through 2006.
Section 10. Sense of Congress regarding bipartisan July 2000 goals
Section 10 states how Congress supports the goals,
objectives and recommendations of the Governors of Idaho,
Montana, Oregon, and Washington as outlined in the July 2000
document regarding the protection of restoration of salmon and
other aquatic species.
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, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General performance goals and objectives. As required by
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, California, Idaho, Oregon and Washington 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 23, 2003.
Hon. Richard Pombo,
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. 1945, 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,
Douglas Holtz-Eakin,
Director.
H.R. 1945--Pacific Salmon Recovery Act
Summary: H.R. 1945 would authorize a grant program under
the auspices of the National Oceanic and Atmospheric
Administration (NOAA) for salmon conservation and habitat
restoration projects in the Pacific Northwest. For this
purpose, the bill would authorize the appropriation of $200
million for each of fiscal years 2004, 2005, and 2006.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost the
Federal Government $600 million over the next five years.
Enacting H.R. 1945 would not affect direct spending or
revenues.
The bill 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 H.R. 1945 is shown in the following table.
The costs of this legislation would fall within budget function
300 (natural resources and environment).
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By fiscal year, in millions of dollars--
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2003 2004 2005 2006 2007 2008
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SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Pacific Salmon Programs:
Budget Authority \1\........................................ 90 0 0 0 0 0
Estimated Outlays........................................... 170 100 0 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. 1945:
Authorization Level......................................... 90 200 200 200 0 0
Estimated Outlays........................................... 170 300 200 200 0 0
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\1\ The 2003 level is the amount appropriated for that year for activities similar to those that would be
authorized by H.R. 1945.
Basis of estimate: H.R. 1945 would authorize appropriations
to fund salmon conservation programs in the States of Alaska,
Washington, Oregon, California, and Idaho, and Indian tribes in
those States. For this estimate, CBO assumes that the full
amounts authorized by the bill 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 transferred promptly to an eligible State or tribe
once it enters into a memorandum of understanding with NOAA.
The bill also would require the President to report to the
Congress on the retirement benefits of U.S. citizens who were
once employed by the defunct International Pacific Salmon
Fisheries Commission and International North Pacific Fisheries
Commission. CBO estimates that implementing this provision
would have no significant impact on Federal spending.
Estimated impact on State, local, and tribal governments:
H.R. 1945 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: Marjorie Miller.
Impact on the private sector: Lauren Marks.
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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