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Salmon Planning Act: H.R. Bill 2573 by the House of Representatives, 107th Congress, 1st Session

To ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek peer review of, and to conduct studies regarding, the National Marine Fisheries Service biological opinion, under the Endangered Species Act of 1973, pertaining to the impacts of Columbia River basin Federal dams on salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 19, 2001

Mr. MCDERMOTT (for himself, Mr. BONIOR, Mr. PETRI, Ms. MCKINNEY, Mrs. NAPOLITANO, Mr. SHERMAN, Mr. BORSKI, Mr. NEAL of Massachusetts, Mr. PALLONE, Mr. SAWYER, Mr. GEORGE MILLER of California, Mr. GUTIERREZ, Mr. BLAGOJEVICH, Mr. EVANS, Mr. LEACH, Mr. PAYNE, Mr. ANDREWS, Mr. UDALL of New Mexico, Mr. COSTELLO, Mrs. MINK of Hawaii, and Ms. SOLIS) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek peer review of, and to conduct studies regarding, the National Marine Fisheries Service biological opinion, under the Endangered Species Act of 1973, pertaining to the impacts of Columbia River basin Federal dams on salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes.

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

This Act may be cited as the `Salmon Planning Act'.

SEC. 2. FINDINGS AND PURPOSES.

1. FINDINGS- Congress finds and declares that--
   1. certain species of salmon and steelhead in the Columbia and Snake River basin are on the brink of extinction as a consequence of various factors, including hydroelectric projects, harvest management practices, habitat degradation, altered in-stream flow, and unsound hatchery practices;

   2. these salmon and steelhead have major economic, ecological, educational, recreational, scientific, cultural, and spiritual significance to the Nation and its people;

   3. salmon and steelhead are a symbol of the Northwest, support thousands of jobs in coastal and inland communities, and serve as an indicator of the health of Northwest river ecosystems;

   4. the United States Government has signed treaties with Indian tribes of Oregon, Washington, and Idaho and with the Government of Canada creating a legally enforceable trust responsibility to restore salmon populations to sustainable, harvestable levels;

   5. since the construction of 4 Federal dams on the lower Snake River in Washington, salmon and steelhead populations in the Snake River have plummeted, and all salmon and steelhead in the Snake River are extinct or listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

   6. recent studies indicate that the time to protect remaining Snake River salmon and steelhead is short, with scientists estimating that, if changes do not occur, remaining Snake River salmon will be extinct in our lifetime;

   7. salmon and steelhead extinction could cost taxpayers billions of dollars;

   8. a federally funded group of State, tribal, Federal, and independent scientists found that partially removing the 4 lower Snake River dams in Washington is the surest way to protect and recover Snake River salmon and steelhead;

   9. several communities that rely on the 4 lower Snake River dams would be affected by partial dam removal;

   10. a Federal court has found that the 4 lower Snake River dams violate water quality standards under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

   11. energy production in the Northwest is heavily dependent upon hydropower and thus, the prospects for salmon recovery and Northwest energy production are inextricably linked.

2. PURPOSES- The purposes of this Act are--
   1. to ensure the protection of Columbia and Snake River salmon and steelhead while providing for reliable, reasonably priced energy in the Northwest, an economically sustainable salmon recovery program, and effective mitigation of potential economic impacts to communities from potential dam removal; and

   2. to ensure that the Northwest and the Nation have completed the necessary planning and evaluation to respond rapidly if major new actions are necessary to protect and recover salmon and steelhead in the Columbia and Snake River basin.

1. IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Secretary of Commerce shall enter into an arrangement with the National Academy of Sciences providing for peer review of the NMFS biological opinion and submission of a report on the results of the peer review in accordance with subsection (c).

2. CONTENTS- For purposes of this section, peer review shall include, at a minimum, the following:
   1. Review of performance standards in the NMFS biological opinion.

   2. Review of any recovery standards established by the National Marine Fisheries Service pursuant to the NMFS biological opinion for each listed salmon and steelhead population.

   3. Review of the effectiveness of the implementation plans required by the NMFS biological opinion and the appropriateness of the timelines for implementing such plans.

   4. Review of the NMFS biological opinion and its analyses and conclusions and review of any future analyses required by the NMFS biological opinion.

3. REPORT- Not later than 12 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of Commerce, the Secretary of the Army, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency a report on the results of the peer review conducted under this section.

4. DETERMINATION OF SUFFICIENCY- Not later than December 31, 2003, the Secretary of Commerce shall publish--
   1. a determination of whether implementation of the salmon recovery measures in the NMFS biological opinion are sufficient to achieve recovery, as defined under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), of the salmon and steelhead populations that are the subject of the biological opinion; and

   2. if the determination under paragraph (1) is that such measures are not sufficient to achieve such recovery, a determination of whether partially removing the 4 lower Snake River dams is necessary to restore Snake River salmon and steelhead populations to meet obligations under such Act.

5. DETERMINATION OF NECESSITY TO MEET TREATY OBLIGATIONS- Not later than December 31, 2003, the Secretary of the Interior shall publish a determination of whether partially removing the 4 lower Snake River dams is necessary to meet treaty obligations to Indian tribes or other sovereign nations.

6. DETERMINATION OF NECESSITY TO MEET CLEAN WATER REQUIREMENTS- Not later than December 31, 2003, the Administrator of the Environmental Protection Agency shall publish a determination of whether partially removing the 4 lower Snake River dams is necessary to meet the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

1. IN GENERAL- The Comptroller General of the United States shall conduct a study of the potential effects of partially removing the 4 lower Snake River dams.

2. CONTENTS- The study shall include examination of and recommendation for addressing, at a minimum, the following:
   1. The economic effects of partial dam removal for local communities and for downstream and coastal communities, including downstream and coastal communities located within the boundaries of Alaska and Canada, including employment gains or losses that would result from dam removal.

   2. The effects of partial dam removal on transportation by water, including--
      1. the feasibility, costs, and sufficiency of alternative transportation by railroad, highway, and other means;

      2. the economic benefits and costs of such alternatives;

      3. the environmental impact of shifting to such alternatives;

      4. the means for mitigating any environmental harm that might be caused by the use of such alternatives; and

      5. any development or expansion of such alternatives that would be required to continue moving the same amount of cargo that is currently transported by water.

   3. The effects of partial dam removal on irrigation, including the availability of or need for alternatives to replace irrigation water or to extend irrigation pumps.

   4. The effects of partial dam removal on energy production, including the regional effects of any changes in energy production, identification of alternative energy sources that could replace any loss in energy production, and the benefits and costs of such alternatives.

   5. The effects, including economic effects, of the extinction of salmon and steelhead populations in the Snake River.

3. REPORT- Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to each of the Secretary of the Army, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency a report on the results of the study conducted under this section.

1. PARTIAL DAM REMOVAL AUTHORIZATION- The Secretary of the Army, acting through the Corps of Engineers, is authorized to partially remove the 4 lower Snake River dams if--
   1. the Secretary of Commerce finds that such action is necessary to restore Snake River salmon and steelhead populations to meet obligations under the Endangered Species Act of 1973 (33 U.S.C. 1531 et seq.);

   2. the Secretary of the Interior finds that such action is necessary to meet treaty obligations to Indian tribes or other sovereign nations; or

   3. the Administrator of the Environmental Protection Agency finds that such action is necessary to meet requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

2. PRELIMINARY PLANNING WORK- The Secretary of the Army shall undertake such preliminary engineering, design, construction, and other activities as may be necessary to remove the 4 lower Snake River dams pursuant to subsection (a). This work shall be completed by December 31, 2003.

3. FUNDING- There is authorized to be appropriated to the Secretary of the Army $4,000,000 for fiscal year beginning after September 30, 2001, to carry out this section. Such sums shall remain available until expended.

In this Act, the following definitions apply:

1. LOWER SNAKE RIVER DAMS- The term `4 lower Snake River dams' means the following dams on the Snake River, Washington:
   1. The Ice Harbor dam.

   2. The Lower Monumental dam.

   3. The Little Goose dam.

   4. The Lower Granite dam.

2. NMFS BIOLOGICAL OPINION- The term `NMFS biological opinion' means the biological opinion of the National Marine Fisheries Service regarding the Operation of the Federal Columbia River power system, issued on December 21, 2000, and any subsequent modification of, or substitute for, that biological opinion.

3. POPULATIONS- The term `populations' means the 12 evolutionarily significant units of salmon and steelhead listed in the Columbia and Snake River basin that are the subject of the NMFS biological opinion.

Related Pages:
Salmon Planning Act: H.R. Bill 1097 by the House of Representatives, 108th Congress