[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4294 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4294
To amend the Elwha River Ecosystem and Fisheries Restoration Act to
provide further for the acquisition and removal of the Elwha dam and
acquisition of Glines Canyon dam and the restoration of the Elwha River
ecosystem and native anadromous fisheries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 1998
Mr. White introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Elwha River Ecosystem and Fisheries Restoration Act to
provide further for the acquisition and removal of the Elwha dam and
acquisition of Glines Canyon dam and the restoration of the Elwha River
ecosystem and native anadromous fisheries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ACQUISITION OF PROJECTS AND REMOVAL OF DAMS.
The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat.
3173) is amended by striking section 3 and inserting the following:
``SEC. 3. ACQUISITION OF PROJECTS.
``(a) In General.--As soon as practicable after sums are
appropriated for the purpose, the Secretary shall acquire the Elwha
Project and Glines Project for a purchase price of $29,500,000.
``(b) Release From Liability.--
``(1) In general.--Subject to paragraph (2), the
acquisition of the Projects shall be conditioned on a release
from liability providing that all obligations and liabilities
of the owner and the local industrial consumer to the United
States arising from the Projects, based on ownership or on a
license, permit, contract, or other authority (including
Project removal and any ecosystem, fish and wildlife
mitigation, and restoration obligations), shall, from the
moment of title transfer, be deemed to have been satisfied.
``(2) Liability to indian tribes.--The United States may
not assume or satisfy the liability, if any, of the owner or
local industrial consumer to any federally recognized Indian
tribe, nor shall any such liability be deemed satisfied without
the consent of the Indian tribe.
``(c) Elwha Project.--
``(1) Removal of dam.--
``(A) In general.--After acquiring the Elwha
Project, the Secretary as soon as practicable after
sums are appropriated for the purpose, shall remove the
Elwha dam.
``(B) Protection of water supply.--
``(i) In general.--Before commencing
removal of the Elwha dam or taking any steps to
breach, bypass, or otherwise alter the water
flow from the Elwha dam, the Secretary shall
take all such actions as are necessary to
ensure the continued availability, after
removal of the dam, of the quantity and quality
of water that is available, as of the date of
enactment of this paragraph, to the city of
Port Angeles, Washington, the Dry Creek Water
Association, current (as of the date of
enactment of this paragraph) and future
industrial water users, and other current users
of water from the Elwha River.
``(ii) Actions included.--The actions that
the Secretary shall, subject to the
availability of appropriations, take under
clause (i) include--
``(I) the design, construction,
operation, and maintenance of new or
improved water treatment or storage
facilities; and
``(II) the mitigation of any injury
to fisheries and remediation of any
degradation in water quality that may
result from the removal of or any other
change in the water flow from the Elwha
dam.
``(iii) Payment of costs.--The cost of each
action taken under clause (i), subject to the
availability of appropriations, shall be borne
by the Secretary.
``(2) Evaluation of effect of removal.--During the removal
phase of the Elwha dam, the Secretary shall make a thorough
evaluation of the impact of removal of the dam on fish runs,
and submit his findings to Congress.
``(3) Compensation for lost revenue.--After the acquisition
of the Projects, the Secretary shall pay the Clallam County
Board of Commissioners $150,000 per year for a period of 12
years, subject to the availability of annual appropriations,
for the purposes of recovering lost revenue under the condition
that the county dedicate at least 50 percent of each payment to
studying the river system before, during, and after dam removal.
``(4) Prior efforts.--Efforts by the Secretary prior to
enactment of this paragraph to evaluate the environmental
impacts of dam removal are declared to meet and fully comply
with any otherwise applicable provisions of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) and the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) for
purposes of removing the Elwha Dam as provided under this Act.
``(d) Glines Project.--
``(1) Glines canyon dam operations.--
``(A) In general.--Except as provided in paragraph
(2), the Secretary shall continue operation of the
Glines Canyon dam after the Elwha dam has been removed
subject to the availability of funds for that purpose.
``(B) Engineering, design, and evaluation.--As soon
as practicable after the date of enactment of this
paragraph, the Secretary shall--
``(i) complete an engineering and design
study to determine the most cost-effective
manner in which transmission lines and
operational controls can be reconfigured to
permit continued operation of the Glines Canyon
dam as provided in subparagraph (A); and
``(ii) evaluate the impact that managing
the Glines Canyon Project for fisheries
restoration will have on future hydropower
operations.
``(2) Fisheries restoration enhancement efforts.--
``(A) Annual restoration work plan.--As soon as
practicable after the date of enactment of this
paragraph and each year thereafter, the Secretary
shall, in consultation with the appropriate Federal,
State, tribal, and local entities, develop an annual
work plan that clearly defines all requirements
necessary to achieve the ecosystem restoration
objectives of this Act. The Secretary's annual work
plan shall include, but is not limited to, specific
details on engineering and environmental studies
(including plans and specifications) for dam removal,
water supply, reconfiguration of power, and river
restoration measures. The work plan shall include a
schedule of yearly activities, major milestones, and
performance measurement criteria.
``(B) Independent scientific review panel.--
``(i) The Secretary shall appoint an
Independent Scientific Review Panel (Panel),
which shall be comprised of eleven members, to
review progress toward restoration of the Elwha
River ecosystem and the contribution of removal
of the Elwha River Dam toward restoration.
Members shall be appointed from a list of no
fewer than 20 scientists submitted by the
National Academy of Sciences (Academy):
Provided, That Pacific Northwest scientists
with expertise in anadromous and non-anadromous
fish and wildlife and ocean experts shall be
among those represented on the Panel. If
appointments are required in subsequent years,
the Secretary shall request nominations from
the Academy and the Academy shall provide
nominations not later than 90 days after the
date of this request. If the Academy does not
provide nominations within 90 days of enactment
of this Act, the Secretary may appoint such
members as the Secretary deems appropriate.
``(ii) Conflict of interest and
compensation.--Panel members may be compensated
and shall be considered subject to the conflict
of interest standards that apply to scientists
performing comparable work for the National
Academy of Sciences. All expenses of the Panel
shall be paid by the Secretary as provided for
under clause (vii). The Panel shall not be
deemed an advisory committee within the meaning
of the Federal Advisory Committee Act.
``(iii) Project criteria and review.--The
Panel shall, in consultation with the
Washington Department of Fish and Wildlife, the
National Marine Fisheries Service, the Lower
Elwha Klallam Indian Tribe and the Elwha
Citizens' Advisory Committee, review the
Secretary's annual work plan for Elwha
Ecosystem Restoration and make recommendations
on matters related to such work plan to the
Secretary no later than June 15 of each year. If the Secretary does not
receive the recommendations by this date, the Secretary may proceed to
implement the work plan, relying on the best information available. The
Panel shall base its recommendations on a determination that the work
plan is based on sound science principles; benefit fish and wildlife;
and have a clearly defined objective and outcome with provisions for
monitoring and evaluation of results. In making its recommendations to
the Secretary, the Panel shall determine whether the work plan employs
cost-effective measures to achieve the objectives of this Act. The
Panel, with assistance from the Washington Department of Fish and
Wildlife, the National Marine Fisheries Service, the Lower Elwha
Klallam Indian Tribe and the Elwha Citizens' Advisory Committee, shall
review, on an annual basis, the results of prior year expenditures
based upon these criteria and submit its findings to the Secretary for
its review.
``(iv) Evaluation of elwha dam removal.--
Each year following removal of the Elwha Dam,
the Panel shall, in consultation with the
Washington Department of Fish and Wildlife, the
National Marine Fisheries Service, the Lower
Elwha Klallam Indian Tribe and the Elwha
Citizens' Advisory Committee, evaluate the
contribution of removal of the Elwha River Dam
toward restoration of the Elwha River
ecosystem. Based in its evaluation under this
subparagraph, the Panel shall provide
recommendations to the Secretary with regard to
removal of the Glines Canyon Dam.
``(v) Public review.--Upon completion of
the review of the Secretary's annual work plan
and its evaluation of the removal of the Elwha
Dam, the Panel shall submit recommendations on
the work plan and removal of the Glines Canyon
Dam to the Secretary. The Secretary shall make
the Panel's findings available to the public
and subject to public comment.
``(vi) Responsibilities of the secretary.--
``(I) The Secretary shall fully
consider the recommendations of the
Panel when implementing the Secretary's
annual work plan, and if the Secretary
does not incorporate a recommendation
of the Panel, the Secretary shall
explain in writing its reasons for not
accepting Panel recommendations. If the
Secretary finds the recommendations
inconsistent with this Act, he must
notify the Panel, in writing, within 30
days of receiving their
recommendations. The Secretary, after
consideration of the recommendations of
the Panel and other appropriate
entities, shall be responsible for
making the final recommendations to
Congress for appropriations to
implement the work plan.
``(II) The Secretary shall take
steps to remove the Glines Canyon Dam
after receiving a recommendation from
the Panel to do so.
``(vii) Cost limitation.--The cost of this
provision shall not exceed $1,000,000 in 1998
dollars.
``(viii) Expiration.--This paragraph shall
expire 20 years after the date of the enactment
of his paragraph.''.
SEC. 2. CONTRACTING OUT PROVISIONS.
The Secretary shall, to the fullest extent practicable, obtain by
procurement from private sources all services necessary to execute the
planning, engineering, design, and construction requirements necessary
to comply with the provisions of this Act.
SEC. 3. CONFORMING AMENDMENTS.
The Elwha River Ecosystem and Fisheries Restoration Act (106 Stat.
3173) is amended--
(1) in section 4--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``Effective'' and all that follows
through ``implement'' and inserting ``Effective
60 days after date of conveyance of the
Projects, the Secretary shall, subject to the
availability of appropriated funds, take such
actions as are necessary to implement''; and
(ii) in paragraph (1), by striking
``referred to in section 3(c)(2) for the
removal of the dams and full;'' and inserting
``for the removal of the Elwha dam and''; and
(B) in the first sentence of subsection (b), by
striking ``referred to in section 3(c)(2)'';
(2) in section 5(a), by striking ``as provided in section
3(e)'';
(3) in section 6--
(A) in the first sentence of subsection (a), by
striking ``makes the determination to remove the dams
and''; and
(B) in the first sentence of subsection (b)(1)--
(i) by striking ``makes the determination
to remove the dams and''; and
(ii) by inserting ``of the Elwha Project''
after ``removal''; and
(4) in section 7(a)--
(A) by striking ``makes the determination to remove
the dams and''; and
(B) by inserting ``of the Elwha Project'' after
``removal''.
SEC. 4. COLUMBIA-SNAKE RIVER HYDROELECTRIC SYSTEM PROTECTION.
(a) In General.--Under no circumstances shall removal of dams on
the Elwha River be considered a precedent of any kind for removal of
dams on other rivers.
(b) Congressional Authorization Required.--Except as otherwise
provided in this Act, no dam, impoundment, or other facility on the
Columbia River or Snake River or their tributaries that is owned or
operated by an agency of the United States for flood control,
hydroelectric power generation, irrigation, navigation, or other
congressionally authorized purpose may be removed or significantly
modified structurally, except for reasons of safety or necessary
repairs, unless specifically approved by an authorization or
appropriation by Congress.
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