Home > 106th Congressional Bills > H.R. 2799 (eh) To amend the Clear Creek County, Colorado, Public Lands Transfer Act of 1993 to provide additional time for Clear Creek County to dispose of certain lands transferred to the county under the Act. [Engrossed in House] ...

H.R. 2799 (eh) To amend the Clear Creek County, Colorado, Public Lands Transfer Act of 1993 to provide additional time for Clear Creek County to dispose of certain lands transferred to the county under the Act. [Engrossed in House] ...


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                                                 Union Calendar No. 467
106th CONGRESS
  2d Session
                                H. R. 2798

                          [Report No. 106-806]

To authorize the Secretary of Commerce to provide financial assistance 
to the States of Alaska, Washington, Oregon, and California for salmon 
  habitat restoration projects in coastal waters and upland drainages.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

   Mr. Thompson of California (for himself, Mr. Young of Alaska, Mr. 
  George Miller of California, Ms. Dunn, Mr. Hinchey, Mr. Herger, Mr. 
  DeFazio, Mr. Metcalf, Mr. Dooley of California, Mr. Doolittle, Mr. 
  Udall of Colorado, Mr. Pombo, Mr. Udall of New Mexico, Mr. Wu, Ms. 
  Woolsey, Ms. Hooley of Oregon, Mr. Baird, Mr. Walden of Oregon, Mr. 
   Blumenauer, Mr. Dicks, Ms. Eshoo, Mr. Stark, Ms. Pelosi, and Mrs. 
  Tauscher) introduced the following bill; which was referred to the 
                         Committee on Resources

                           September 6, 2000

   Additional sponsors: Mr. Gallegly, Mr. Greenwood, Mr. Dixon, Mrs. 
 Capps, Mr. Kuykendall, Mr. Bilbray, Mr. Cunningham, Mr. Calvert, Mr. 
 Lewis of California, Mr. McKeon, Mr. Radanovich, Mr. Horn, Mrs. Bono, 
   Mr. Hunter, Mr. Condit, Mr. Sherman, Mr. Matsui, Mr. Filner, Ms. 
 Sanchez, Mrs. Napolitano, Ms. Lofgren, Ms. Roybal-Allard, Mr. Lantos, 
 Mr. Farr of California, Ms. Lee, Ms. Millender-McDonald, Mr. Becerra, 
   Mr. Berman, Mr. Martinez, Ms. Waters, Mr. Waxman, Mr. Reyes, Mr. 
     McDermott, Mr. Rogan, Mr. Inslee, and Mr. Smith of Washington

                           September 6, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on August 
                                5, 1999]

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Commerce to provide financial assistance 
to the States of Alaska, Washington, Oregon, and California for salmon 
  habitat restoration projects in coastal waters and upland drainages.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pacific Salmon Recovery Act''.

SEC. 2. SALMON CONSERVATION AND SALMON HABITAT RESTORATION ASSISTANCE.

    (a) Requirement To Provide Assistance.--Subject to the availability 
of appropriations, the Secretary of Commerce shall provide financial 
assistance in accordance with this Act to qualified States and 
qualified tribal governments for salmon conservation and salmon habitat 
restoration activities.
    (b) Allocation.--Of the amounts available to provide assistance 
under this section each fiscal year (after the application of section 
3(g)), the Secretary--
            (1) shall allocate 85 percent among qualified States, in 
        equal amounts; and
            (2) shall allocate 15 percent among qualified tribal 
        governments, in amounts determined by the Secretary.
    (c) Transfer.--
            (1) In general.--The Secretary shall promptly transfer--
                    (A) to a qualified State that has submitted a 
                Conservation and Restoration Plan under section 3(a) 
                amounts allocated to the qualified State under 
                subsection (b)(1) of this section, unless the Secretary 
                determines, within 30 days after the submittal of the 
                plan to the Secretary, that the plan is inconsistent 
                with the requirements of this Act; and
                    (B) to a qualified tribal government that has 
                entered into a memorandum of understanding with the 
                Secretary under section 3(b) amounts allocated to the 
                qualified tribal government under subsection (b)(2) of 
                this section.
            (2) Transfers to qualified states.--The Secretary shall 
        make the transfer under paragraph (1)(A)--
                    (A) to the Washington State Salmon Recovery Board, 
                in the case of amounts allocated to Washington;
                    (B) to the Oregon State Watershed Enhancement 
                Board, in the case of amounts allocated to Oregon;
                    (C) to the California Salmon Recovery Fund, in the 
                case of amounts allocated to California;
                    (D) to the Governor of Alaska, in the case of 
                amounts allocated to Alaska; and
                    (E) to the Office of Species Conservation, in the 
                case of amounts allocated to Idaho.
    (d) Reallocation.--
            (1) Amounts allocated to qualified states.--Amounts that 
        are allocated to a qualified State for a fiscal year shall be 
        reallocated under subsection (b)(1) among the other qualified 
        States, if--
                    (A) the qualified State has not submitted a plan in 
                accordance with section 3(a) as of the end of the 
                fiscal year; or
                    (B) the amounts remain unobligated at the end of 
                the subsequent fiscal year.
            (2) Amounts allocated to qualified tribal governments.--
        Amounts that are allocated to a qualified tribal government for 
        a fiscal year shall be reallocated under subsection (b)(2) 
        among the other qualified tribal governments, if the qualified 
        tribal government has not entered into a memorandum of 
        understanding with the Secretary in accordance with section 
        3(b) as of the end of the fiscal year.

SEC. 3. RECEIPT AND USE OF ASSISTANCE.

    (a) Qualified State Salmon Conservation and Restoration Plan.--
            (1) In general.--To receive assistance under this Act, a 
        qualified State shall develop and submit to the Secretary a 
        Salmon Conservation and Salmon Habitat Restoration Plan.
            (2) Contents.--Each Salmon Conservation and Salmon 
        Restoration Plan shall, at a minimum--
                    (A) be consistent with other applicable Federal 
                laws;
                    (B) be consistent with the goal of salmon recovery;
                    (C) except as provided in subparagraph (D), give 
                priority to use of assistance under this section for 
                projects that--
                            (i) provide a direct and demonstrable 
                        benefit to salmon or their habitat;
                            (ii) provide the greatest benefit to salmon 
                        conservation and salmon habitat restoration 
                        relative to the cost of the projects; and
                            (iii) conserve, and restore habitat, for--
                                    (I) salmon that are listed as 
                                endangered species or threatened 
                                species, proposed for such listing, or 
                                candidates for such listing, under the 
                                Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); or
                                    (II) salmon that are given special 
                                protection under the laws or 
                                regulations of the qualified State;
                    (D) in the case of a plan submitted by a qualified 
                State in which, as of the date of the enactment of this 
                Act, there is no area at which a salmon species 
                referred to in subparagraph (C)(iii)(I) spawns--
                            (i) give priority to use of assistance for 
                        projects referred to in subparagraph (C)(i) and 
                        (ii) that contribute to proactive programs to 
                        conserve and enhance species of salmon that 
                        intermingle with, or are otherwise related to, 
                        species referred to in subparagraph 
                        (C)(iii)(I), which may include (among other 
                        matters)--
                                    (I) salmon-related research, data 
                                collection, and monitoring;
                                    (II) salmon supplementation and 
                                enhancement;
                                    (III) salmon habitat restoration;
                                    (IV) increasing economic 
                                opportunities for salmon fishermen; and
                                    (V) national and international 
                                cooperative habitat programs; and
                            (ii) provide for revision of the plan 
                        within one year after any date on which any 
                        salmon species that spawns in the qualified 
                        State is listed as an endangered species or 
                        threatened species, proposed for such listing, 
                        or a candidate for such listing, under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.);
                    (E) establish specific goals and timelines for 
                activities funded with such assistance;
                    (F) include measurable criteria by which such 
                activities may be evaluated;
                    (G) require that activities carried out with such 
                assistance shall--
                            (i) be scientifically based;
                            (ii) be cost effective;
                            (iii) not be conducted on private land 
                        except with the consent of the owner of the 
                        land; and
                            (iv) contribute to the conservation and 
                        recovery of salmon;
                    (H) require that the qualified State maintain its 
                aggregate expenditures of funds from non-Federal 
                sources for salmon habitat restoration programs at or 
                above the average level of such expenditures in the 2 
                fiscal years preceding the date of enactment of this 
                Act; and
                    (I) ensure that activities funded under this Act 
                are conducted in a manner in which, and in areas where, 
                the State has determined that they will have long-term 
                benefits.
            (3) Solicitation of comments.--In preparing a plan under 
        this subsection a qualified State shall seek comments on the 
        plan from local governments in the qualified State.
    (b) Tribal MOU With Secretary.--
            (1) In general.--To receive assistance under this Act, a 
        qualified tribal government shall enter into a memorandum of 
        understanding with the Secretary regarding use of the 
        assistance.
            (2) Contents.--Each memorandum of understanding shall, at a 
        minimum--
                    (A) be consistent with other applicable Federal 
                laws;
                    (B) be consistent with the goal of salmon recovery;
                    (C) give priority to use of assistance under this 
                Act for activities that--
                            (i) provide a direct and demonstrable 
                        benefit to salmon or their habitat;
                            (ii) provide the greatest benefit to salmon 
                        conservation and salmon habitat restoration 
                        relative to the cost of the projects; and
                            (iii) conserve, and restore habitat, for--
                                    (I) salmon that are listed as 
                                endangered species or threatened 
                                species, proposed for such listing, or 
                                candidates for such listing, under the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.); or
                                    (II) salmon that are given special 
                                protection under the ordinances or 
                                regulations of the qualified tribal 
                                government;
                    (D) in the case of a memorandum of understanding 
                entered into by a qualified tribal government for an 
                area in which, as of the date of the enactment of this 
                Act, there is no area at which a salmon species that is 
                referred to in subparagraph (C)(iii)(I) spawns--
                            (i) give priority to use of assistance for 
                        projects referred to in subparagraph (C)(i) and 
                        (ii) that contribute to proactive programs 
                        described in subsection (a)(2)(D)(i);
                            (ii) include a requirement that the 
                        memorandum shall be revised within one year 
                        after any date on which any salmon species that 
                        spawns in the area is listed as an endangered 
                        species or threatened species, proposed for 
                        such listing, or a candidate for such listing, 
                        under the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                    (E) establish specific goals and timelines for 
                activities funded with such assistance;
                    (F) include measurable criteria by which such 
                activities may be evaluated;
                    (G) establish specific requirements for reporting 
                to the Secretary by the qualified tribal government;
                    (H) require that activities carried out with such 
                assistance shall--
                            (i) be scientifically based;
                            (ii) be cost effective;
                            (iii) not be conducted on private land 
                        except with the consent of the owner of the 
                        land; and
                            (iv) contribute to the conservation or 
                        recovery of salmon; and
                    (I) require that the qualified tribal government 
                maintain its aggregate expenditures of funds from non-
                Federal sources for salmon habitat restoration programs 
                at or above the average level of such expenditures in 
                the 2 fiscal years preceding the date of enactment of 
                this Act.
    (c) Eligible Activities.--
            (1) In general.--Assistance under this Act may be used by a 
        qualified State in accordance with a plan submitted by the 
        State under subsection (a), or by a qualified tribal government 
        in accordance with a memorandum of understanding entered into 
        by the government under subsection (b), to carry out or make 
        grants to carry out, among other activities, the following:
                    (A) Watershed evaluation, assessment, and planning 
                necessary to develop a site-specific and clearly 
                prioritized plan to implement watershed improvements, 
                including for making multi-year grants.
                    (B) Salmon-related research, data collection, and 
                monitoring, salmon supplementation and enhancement, and 
                salmon habitat restoration.
                    (C) Maintenance and monitoring of projects 
                completed with such assistance.
                    (D) Technical training and education projects, 
                including teaching private landowners about practical 
                means of improving land and water management practices 
                to contribute to the conservation and restoration of 
                salmon habitat.

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