16 U.S.C. § 3302 — Definitions

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. Page 2279 TITLE 16—CONSERVATION § 3311 (9) The term ‘‘habitat’’ means those portions of the land or water, including the constituent elements thereof, (A) which salmon or steelhead occupy at any time during their life cycle, or (B) which affect the salmon or steelhead resources. (10) The term ‘‘recreational fishing’’ means fishing for personal use and enjoyment using conventional angling gear, and not for sale or barter. (11) The term ‘‘salmon’’ means any anad- romous species of the family Salmonidae and Genus Oncorhynchus, commonly known as Pa- cific salmon. (12) The term ‘‘salmon or steelhead re- source’’ means any stock of salmon or steelhead. (13) The term ‘‘steelhead’’ means the anad- romous rainbow trout species Salmo gairdneri, commonly known as steelhead. (14) The term ‘‘stock’’ means a species, sub- species, race, geographical grouping, run, or other category of salmon or steelhead. (15) The term ‘‘treaty’’ means any treaty be- tween the United States and any treaty tribe that relates to the reserved right of such tribe to harvest salmon and steelhead within the Washington or Columbia River conservation areas. (16) The term ‘‘treaty tribe’’ means any In- dian tribe recognized by the United States Government, with usual and accustomed fish- ing grounds in the Washington or Columbia River conservation areas, whose fishing right under a treaty has been recognized by a Fed- eral court. (17) The term ‘‘Washington conservation area’’ means all salmon and steelhead habitat within the State of Washington except for the Columbia River drainage basin, and in the fishery conservation zone adjacent to the State of Washington which is subject to the jurisdiction of the United States. (18) The term ‘‘Washington tribal coordi- nating body’’ means the organization duly au- thorized by the treaty tribes of the Wash- ington conservation area to coordinate their activities for them for the purposes of this chapter. (Pub. L. 96–561, title I § 103, Dec. 22, 1980, 94 Stat. 3276.) Editorial Notes REFERENCES IN TEXT The Pacific Fishery Management Council, referred to in par. (4)(B)(i), was established by section 1852 of this title. Pub. L. 99–659 amended section 1811 of this title by substituting provisions relating to exclusive eco- nomic zones, for fishery conservation zones. SUBCHAPTER II—COORDINATED MANAGE- MENT OF SALMON AND STEELHEAD § 3311. Salmon and Steelhead Advisory Commis- sion (a) Establishment Within 90 days after December 22, 1980, the Secretary of Commerce (hereinafter in this sub- chapter referred to as the ‘‘Secretary’’) shall es- tablish the Salmon and Steelhead Advisory Commission (hereinafter referred to in this chapter as the ‘‘Commission’’), which shall con- sist of one voting member from each of the fol- lowing: (1) The State of Washington. (2) The State of Oregon. (3) The Washington tribal coordinating body. (4) The Columbia River tribal coordinating body. (5) The Pacific Fishery Management Coun- cil. (6) The National Marine Fisheries Service. (b) Membership (1) The voting representatives shall be ap- pointed by the Secretary from a list of qualified individuals submitted by the Governor of each applicable State, by each appropriate tribal co- ordinating body, and by the Pacific Fishery Management Council. The representative for the National Marine Fisheries Service shall be the Northwest regional director of the Service or his designee. (2) The Commission shall have 6 nonvoting members, 5 of which shall be qualified individ- uals appointed by the Secretary. The sixth non- voting member shall be the regional director of the United States Fish and Wildlife Service or his designee. (3) For the purposes of this subsection, the term ‘‘qualified individual’’ means an individual who is knowledgeable with regard to the man- agement, conservation, or harvesting of the salmon and steelhead resources of the conserva- tion areas. (c) Report by Commission Within 15 months after the date of the estab- lishment of the Commission, it shall prepare, and submit to the Secretary and Congress, a comprehensive report containing conclusions, comments, and recommendations for the devel- opment of a management structure (including effective procedures, mechanisms, and institu- tional arrangements) for the effective coordina- tion of research, enhancement, management, and enforcement policies for the salmon and steelhead resources of the Columbia River and Washington conservation areas, and for the res- olution of disputes between management enti- ties that are concerned with stocks of common interest. The principal objectives of, and the standards for, the management structure shall include, but not be limited to— (1) the development of common principles to govern and coordinate effectively manage- ment and enhancement activities; (2) the prevention of overfishing; (3) the use of the best scientific information available; (4) the consideration of, and allowance for, variations among, and contingencies in, fish- eries and catches; (5) the promotion of harvest strategies and regulations which will encourage continued and increased investment by the salmon and steelhead producing jurisdictions; (6) the optimization of the use of resources for enforcement; (7) the consideration of harvest activities as they relate to existing and future inter- national commitments;