16 U.S.C. § 3301 — Congressional findings and declaration of

Page 2276 TITLE 16—CONSERVATION § 3301 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CHAPTER 52—SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT SUBCHAPTER I—GENERAL PROVISIONS Sec. 3301. Congressional findings and declaration of pur- pose. 3302. Definitions. SUBCHAPTER II—COORDINATED MANAGEMENT OF SALMON AND STEELHEAD 3311. Salmon and Steelhead Advisory Commission. 3312. Eligibility for financial assistance under ap- proved enhancement plans. 3313. Grants for reports and plans for coordinated research, enforcement, etc. 3314. Discontinuance of funding. 3315. Authorization of appropriations. SUBCHAPTER III—RESOURCE ENHANCEMENT 3321. Grants for projects under approved enhance- ment plans. 3322. Enhancement project proposals. 3323. Approval and funding of projects. 3324. Monitoring and evaluation of enhancement projects. 3325. Authorization of appropriations. SUBCHAPTER IV—COMMERCIAL FISHING FLEET ADJUSTMENT 3331. Fleet adjustment program. 3332. State program for reduction of overall fishing capacity. 3333. Program approval. 3334. Review of State program by Secretary. 3335. Authorization of appropriations. 3336. Special provision. SUBCHAPTER V—MISCELLANEOUS 3341. Regulations. 3342. Annual status reports on programs; moni- toring. 3343. Construction with fishery conservation and management provisions. 3344. Construction with other laws. 3345. Authorization of additional appropriations. SUBCHAPTER I—GENERAL PROVISIONS § 3301. Congressional findings and declaration of purpose (a) The Congress finds and declares the fol- lowing: (1) The stocks of salmon and steelhead which originate in the rivers of the conservation areas constitute valuable and renewable nat- ural resources. Many groups of commercial, recreational, and treaty fishermen have his- torically depended upon these stocks of fish for their livelihoods and avocations. These fishery resources contribute to the food supply and economic health of the Pacific Northwest and the Nation as a whole, provide valuable recreational experiences for thousands of citi- zens from various parts of the United States and represent a central element of the cul- tures and economies of Indian tribes and the citizens of the Pacific Northwest. (2) Over a period of several decades, com- peting uses of salmon and steelhead habitat and historical problems relating to conserva- tion measures, the regulation of harvest and enhancement have depressed several of these stocks of salmon and steelhead. (3) Improved management and enhancement planning and coordination among salmon and steelhead managers will help prevent a further decline of salmon and steelhead stocks and will assist in increasing the supply of these stocks. (4) Due in principal part to the Federal court decisions in the United States against Wash- ington and Sohappy against Smith, the fishing capacity of nontreaty fishermen in the con- servation areas established by this chapter ex- ceeds that required to harvest the available salmon resources. This excess capacity causes severe economic problems for these fishermen. (5) The supply of salmon and steelhead can be increased through carefully planned en- hancement measures designed to improve the survival of stocks and to augment the produc- tion of artificially propagated stocks. By care- ful choice of species, areas, and stocking pro- cedures, enhancement programs can be used to— (A) improve the distribution of fish among different groups of treaty and nontreaty fishermen; and (B) add stability to the treaty and non- treaty fisheries by reducing variations in fish availability. (b) In order to assist the harvesters of the salmon and steelhead resources within the Columbia River conservation area and the Washington conservation area established by this chapter to overcome temporary dislocations arising from the decisions in the cases of United States against Washington and Sohappy against Smith and from other causes, this chapter au- thorizes the establishment of a cooperative pro- gram involving the United States, the States of Washington and Oregon, the treaty tribes acting through the appropriate tribal coordinating bod- ies, and other parties, to— (1) encourage stability in and promote the economic well being of the treaty and non- treaty commercial fishing and charter fishing industries and improve the distribution of fishing power between treaty and nontreaty fisheries through— (A) the purchase of nontreaty commercial and charter fishing vessels, gear, and li- censes; and (B) coordinated research, enhancement, and management of salmon and steelhead re- sources and habitat; and (2) improve the quality of, and maintain the opportunities for, salmon and steelhead rec- reational fishing. (Pub. L. 96–561, title I, § 102, Dec. 22, 1980, 94 Stat. 3275.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–561, title I, § 101, Dec. 22, 1980, 94 Stat. 3275, provided that: ‘‘This title [enacting this chapter and provisions set out as a note under section 1823 of this title] may be cited as the ‘Salmon and Steelhead Con- servation and Enhancement Act of 1980’.’’ Page 2277 TITLE 16—CONSERVATION § 3301 RESEARCH AND DEVELOPMENT PROGRAM TO IMPROVE SALMON SURVIVAL Pub. L. 104–303, title V, § 511, Oct. 12, 1996, 110 Stat. 3761, as amended by Pub. L. 106–53, title V, § 582, Aug. 17, 1999, 113 Stat. 375; Pub. L. 110–114, title V, § 5025, Nov. 8, 2007, 121 Stat. 1203; Pub. L. 113–235, div. D, title I, § 104, Dec. 16, 2014, 128 Stat. 2307, provided that: ‘‘(a) SALMON SURVIVAL ACTIVITIES.— ‘‘(1) IN GENERAL.—In conjunction with the Sec- retary of Commerce and the Secretary of the Inte- rior, the Secretary shall accelerate ongoing research and development activities, and may carry out or participate in additional research and development activities, for the purpose of developing innovative methods and technologies for improving the survival of salmon, especially salmon in the Columbia/Snake River Basin. ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated re- search and development activities referred to in para- graph (1) may include research and development re- lated to— ‘‘(A) impacts from water resources projects and other impacts on salmon life cycles; ‘‘(B) juvenile and adult salmon passage; ‘‘(C) light and sound guidance systems; ‘‘(D) surface-oriented collector systems; ‘‘(E) transportation mechanisms; and ‘‘(F) dissolved gas monitoring and abatement. ‘‘(3) ADDITIONAL ACTIVITIES.—Additional research and development activities referred to in paragraph (1) may include research and development related to— ‘‘(A) studies of juvenile salmon survival in spawn- ing and rearing areas; ‘‘(B) estuary and near-ocean juvenile and adult salmon survival; ‘‘(C) impacts on salmon life cycles from sources other than water resources projects; ‘‘(D) cryopreservation of fish gametes and forma- tion of a germ plasma repository for threatened and endangered populations of native fish; and ‘‘(E) other innovative technologies and actions in- tended to improve fish survival, including the sur- vival of resident fish. ‘‘(4) COORDINATION.—The Secretary shall coordinate any activities carried out under this subsection with appropriate Federal, State, and local agencies, af- fected Indian tribes, and the Northwest Power Plan- ning Council. ‘‘(5) REPORT.—Not later than 3 years after the date of enactment of the Water Resources Development Act of 1999 [Aug. 17, 1999], the Secretary shall submit to Congress a report on the research and development activities carried out under this subsection, including any recommendations of the Secretary concerning the research and development activities. ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $43,400,000 to carry out research and development activities under paragraph (3). ‘‘(b) ADVANCED TURBINE DEVELOPMENT.— ‘‘(1) IN GENERAL.—In conjunction with the Sec- retary of Energy, the Secretary shall accelerate ef- forts toward developing and installing in Corps of En- gineers-operated dams innovative, efficient, and envi- ronmentally safe hydropower turbines, including de- sign of fish-friendly turbines, for use on the Colum- bia/Snake River hydrosystem. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $35,000,000 to carry out this subsection. ‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/SNAKE RIVER SYSTEM NATIVE FISHES.— ‘‘(1) NESTING AVIAN PREDATORS.—In conjunction with the Secretary of Commerce and the Secretary of the Interior, and consistent with a management plan to be developed by the United States Fish and Wild- life Service, the Secretary shall carry out methods to reduce nesting populations of avian predators on dredge spoil islands in the Columbia River under the jurisdiction of the Secretary. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $10,000,000 to carry out research and development activities under this sub- section. ‘‘(d) IMPLEMENTATION.—Nothing in this section af- fects the authority of the Secretary to implement the results of the research and development carried out under this section or any other law.’’ Executive Documents RESTORING HEALTHY AND ABUNDANT SALMON, STEELHEAD, AND OTHER NATIVE FISH POPULATIONS IN THE COLUMBIA RIVER BASIN Memorandum of President of the United States, Sept. 27, 2023, 88 F.R. 67617, provided: Memorandum for the Heads of Executive Depart- ments and Agencies The Columbia River and its tributaries, wetlands, and estuaries are the lifeblood of the Pacific Northwest, providing abundant water, power, recreation, agri- culture, transportation, and natural resources that have supported livelihoods, cultural and spiritual prac- tices, commerce, and economic growth. The salmon, steelhead, and other native fish populations in the Co- lumbia River Basin (Basin) are essential to the culture, economy, and way of life of Tribal Nations in the re- gion and Indigenous peoples in Canada, and also pro- vide an important food source for endangered orca, which are sacred to many Tribal Nations in the region. In 1855, the United States and four of the Tribal Na- tions of the Basin entered into treaties specifying that these Tribal Nations reserved the right to harvest fish on their reservations and at all usual and accustomed places. At that time, an estimated 7.5 to 16 million adult salmon and steelhead returned to the Basin each year. Actions since 1855, including the Federal Govern- ment’s construction and operation of dams in the Basin, have severely depleted fish populations. Thir- teen salmon and steelhead populations are listed as threatened or endangered, other populations of those fish have been extirpated, and other native fish popu- lations have also declined, causing substantial harm to Tribal Nations and other communities reliant on salm- on and steelhead. Despite decades of hard work, inge- nuity, expense, and commitment across Federal, Trib- al, State, and local governments and a wide range of stakeholders, the populations of salmon, steelhead, and other native fish populations in the Basin continue to decline or have not recovered to the level that would warrant removing any population from the list of threatened and endangered species. It is time for a sustained national effort to restore healthy and abundant native fish populations in the Basin. For these reasons, and by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is a priority of my Administra- tion to honor Federal trust and treaty responsibilities to Tribal Nations—including to those Tribal Nations harmed by the construction and operation of Federal dams that are part of the Columbia River System (CRS)—and to carry out the requirement of the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96–501) [16 U.S.C. 839 et seq.] to oper- ate, manage, and regulate the CRS to adequately pro- tect, mitigate, and enhance fish and wildlife affected by the Federal dams in the Basin in a manner that pro- vides equitable treatment for fish and wildlife with the other purposes for which the Federal dams are managed and operated. In recognition of these priorities, it is the policy of my Administration to work with the Congress and with Tribal Nations, States, local governments, and stake- holders to pursue effective, creative, and durable solu- Page 2278 TITLE 16—CONSERVATION § 3302 1 So in original. Probably should be ‘‘described’’. tions, informed by Indigenous Knowledge, to restore healthy and abundant salmon, steelhead, and other na- tive fish populations in the Basin; to secure a clean and resilient energy future for the region; to support local agriculture and its role in food security domestically and globally; and to invest in the communities that de- pend on the services provided by the Basin’s Federal dams to enhance resilience to changes to the operation of the CRS, including those necessary to address chang- ing hydrological conditions due to climate change. SEC. 2. Federal Implementation. (a) All executive de- partments and agencies (agencies) with applicable au- thorities and responsibilities, including the Depart- ment of the Interior, including the Bureau of Indian Af- fairs, the Bureau of Land Management, the Bureau of Reclamation, the United States Fish and Wildlife Serv- ice, and the United States Geological Survey; the De- partment of Agriculture, including the United States Forest Service and the Natural Resources Conservation Service; the Department of Commerce, including the National Oceanic and Atmospheric Administration; the Department of Energy, including the Bonneville Power Administration; the Department of the Army, includ- ing the United States Army Corps of Engineers; and the Environmental Protection Agency, are directed to uti- lize their authorities and available resources to ad- vance the policy established in section 1 of this memo- randum. (b) Within 120 days of the date of this memorandum [Sept. 27, 2023], all agencies with applicable authorities and responsibilities, including those agencies identified in subsection (a) of this section, shall review their pro- grams affecting salmon, steelhead, and other native fish populations in the Basin, including any program with authority or responsibility with respect to the CRS, for consistency with the policy established in sec- tion 1 of this memorandum. As soon as practicable fol- lowing such review, agencies shall, consistent with ap- plicable law, identify and initiate any steps necessary to advance that policy. (c) Within 220 days of the date of this memorandum, all agencies with applicable authorities and respon- sibilities, including those agencies identified in sub- section (a) of this section, shall provide the Director of the Office of Management and Budget (Director) an as- sessment of the agency’s programs that can advance the policy established in section 1 of this memorandum and the resources such programs need for this purpose. Based on the assessment, each agency shall prioritize these activities to the extent feasible in their program and budget planning. SEC. 3. Intergovernmental Partnership. The Chair of the Council on Environmental Quality (Chair) and the Di- rector shall explore opportunities and mechanisms to develop an intergovernmental partnership, including through a memorandum of understanding, to advance the policy established in section 1 of this memorandum within the United States; the States of Oregon, Wash- ington, Montana, and Idaho; the Tribal Nations of the Basin, including the Columbia Basin Treaty Tribes (the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakama Indian Nation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Con- federated Tribes of the Umatilla Indian Reservation); the Upper Columbia United Tribes (the Confederated Tribes of the Colville Reservation, the Coeur d’Alene Tribe of Indians, the Spokane Tribe of Indians, the Kalispel Tribe of Indians, and the Kootenai Tribe of Idaho); the Upper Snake River Tribes (the Burns Paiute Tribe, the Fort McDermitt Paiute-Shoshone Tribe, the Shoshone-Bannock Tribes of the Fort Hall Reservation, and the Shoshone-Paiute Tribes of the Duck Valley Reservation); and other Tribal Nations, as appropriate. Within 120 days of the date of this memorandum, the Chair and the Director shall submit a report to the President with an update on progress in developing this intergovernmental partnership. SEC. 4. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise affect the ability of heads of agencies to meet the require- ments of sections 2 and 3 of this memorandum before the deadlines in those sections or to produce additional materials not specifically requested in this memo- randum. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. SEC. 5. Publication. The Chair is hereby authorized and directed to publish this memorandum in the Fed- eral Register. J.R. BIDEN, JR. § 3302. Definitions As used in this chapter— (1) The term ‘‘appropriate tribal coordi- nating body’’ means the Columbia River tribal coordinating body or the Washington tribal coordinating body, as the context requires. (2) The term ‘‘charter vessel’’ means any vessel licensed by the State to carry pas- sengers for hire for the purpose of recreational salmon fishing. (3) The term ‘‘charter fishing’’ means fishing undertaken aboard charter vessels. (4) The term ‘‘Columbia River conservation area’’ means— (A) all habitat within the Columbia River drainage basin; and (B) those areas in— (i) the fishery conservation zone over which the Pacific Fishery Management Council has jurisdiction, and (ii) the territorial seas of Oregon and Washington, in which one or more stocks that originate in the habitat describe 1 in subparagraph (A) migrate. (5) The term ‘‘Columbia River tribal coordi- nating body’’ means the organization duly au- thorized by those treaty tribes of the Colum- bia River drainage basin to coordinate activi- ties for them for purposes of this chapter. (6) The term ‘‘commercial fishing’’ means fishing for the purpose of sale or barter. (7) The term ‘‘commercial fishing vessel’’ or ‘‘fishing vessel’’ means any vessel, boat, ship, or other craft which is licensed for, and used for, equipped to be used for, or of a type which is normally used for, commercial salmon fish- ing. (8) The term ‘‘enhancement’’ means projects undertaken to increase the production of nat- urally spawning or artificially propagated stocks of salmon or steelhead, or to protect, conserve, or improve the habitat of such stocks.