101st CONGRESS
2d Session
H. R. 3787
AN ACT
To authorize a joint Federal, State, and Tribal study for the restoration
of the fishery resources of the Chehalis River Basin, Washington, and for
other purposes.
HR 3787 EH
101st CONGRESS
2d Session
H. R. 3787
AN ACT
To authorize a joint Federal, State, and Tribal study for the restoration
of the fishery resources of the Chehalis River Basin, Washington, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Chehalis River Basin Fishery Resources Study
and Restoration Act of 1990'.

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(a) FINDINGS- The Congress finds the following:
(1) The Chehalis River Basin in southwestern Washington, including Grays
Harbor and its tributaries, has approximately 1,400 separate rivers and
streams totaling nearly 3,400 miles in length which flow into the Pacific
Ocean through Grays Harbor, a major west coast estuarine system.
(2) The Basin historically produced large runs of anadromous and resident
fish that supported important commercial, recreational, and tribal fisheries
within the Basin and off the coast of the States of Washington and Alaska
and Canada; however, the population of these fishery resources is less
than one-half the levels that occurred prior to 1935.
(3) The decline in productivity of the Chehalis system is thought to result
from a number of activities. Ongoing studies by the State of Washington
and others have linked significant mortality of Chehalis River salmon
to water quality degradation, sedimentation of spawning gravels, reduced
stream flows, and reduced spawning escapements.
(4) The Federal Government has a substantial interest in the fishery
resources of the Basin because important interjurisdictional (including
international) and tribal fisheries are involved and several federally
constructed, permitted, and licensed water projects are located in the Basin.
(b) PURPOSES- The purposes of this Act are--
(1) to require a comprehensive study of the causes of the decline of
fishery resources originating in the Chehalis River Basin;
(2) to develop recommendations for a program to address the causes of
those declines; and
(3) to restore those fishery resources in a reasonable period of time.

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(a) STUDY- Subject to section 5, the Director of the United States Fish
and Wildlife Service shall undertake a comprehensive study of the fishery
resources and habitats of the Basin and, on the basis of such study, develop
goals and recommend  short- and long-term actions for achieving those goals
and maximizing the restoration and conservation of those fishery resources
and habitats. The Director shall submit the study, goals, and recommended
short- and long-term actions to the Congress before October 1, 1992.
(b) PARTICIPATION OF STATE OF WASHINGTON-
(1) INVITATION- In carrying out subsection (a), the Director shall invite
the heads of the departments of Fisheries, Wildlife, and Ecology of the
State of Washington  to participate jointly in undertaking the study and
developing goals and recommending actions.
(2) MEMORANDUM OF UNDERSTANDING- The Director, the head of the Council of
the Chehalis Tribe, the head of the Council of the Quinault Indian Nation,
and each head of a State department participating pursuant to paragraph (1),
shall enter into a memorandum of understanding setting forth the respective
responsibilities of each entity in carrying out the study and making
recommendations regarding fishery resource restoration under subsection (a).
(c) CONSULTATION- In carrying out this Act, the Director shall, to the
maximum extent practicable, consult with the National Marine Fisheries
Service, Army Corps of Engineers, Environmental Protection Agency,
Federal Energy Regulatory Commission, Soil Conservation Service, State
of Washington agencies, including the Department of Natural Resources,
the Northwest Indian Fisheries Commission, affected local governments,
appropriate commercial, recreational, and Tribal fishing interests, other
affected or interested entities, and (if the joint participation referred to
in this section is not effected) the heads of the Departments of Fisheries,
Wildlife, and Ecology of the State of Washington.
(d) MAPS- The Director shall prepare and maintain maps depicting the
Chehalis River Basin for use in fulfilling the purposes of this Act.

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The study under section 3 shall take advantage of and build upon ongoing
watershed planning and research efforts to identify fishery resource
problems in the basin to complete the following:
(1) DESCRIPTION OF BASIN- A physical, hydrographic, economic, and social
description of the Basin.
(2) HISTORICAL FISHERY RESOURCES AND HABITATS- A historical account of
the fishery resources and habitats of the Basin.
(3) DESCRIPTION OF FISHERY RESOURCES AND HABITATS- A comprehensive
description of the fishery resources and habitats of the Basin, including--
(A) population estimates of fishery resources in the Basin that are of
sport or commercial value, important forage resources, or otherwise of
significance;
(B) an analysis of the current status and trends of the Basin's fishery
resources and their use, and the cause of any decline in population of each
such species, including the extent and causes of environmental problems in
Grays Harbor and the lower Chehalis River and other impediments to smolt
and adult migration in the Basin;
(C) an identification of the location, quantity, and extent of utilization
of existing adult holding, spawning, and juvenile rearing habitat, as
well as the location of degraded fish habitat, and impediments to use of
potential adult holding, spawning, and juvenile rearing habitat in the Basin;
(D) estimates of instream flows needed where insufficient stream flows
occur due to human activities and development of instream flow strategies
to address these problems; and
(E) a projection of the problems that the species identified as a result
of subparagraph (A) are expected to encounter in the future.
(4) EFFECTS OF LAND USE ON FISHERY RESOURCES- An analysis of how Basin
characteristics and past, current, and projected land and water use within
the Basin have affected, and can be expected to affect, its fishery resources
and habitats, including documentation of the nature, source, and magnitude
of point and nonpoint pollution, sedimentation, and runoff characteristics.
(5) REVIEW AND EVALUATION OF AVAILABLE INFORMATION AND RESTORATION STUDIES
AND ACTIONS- (A) A review of past and ongoing research on the decline of
Chehalis Basin fishery resources and the results of existing or previous
attempts to address the declines.
(B) Based on the review under subparagraph (A), an evaluation of the
adequacy of the information that is currently available, and specification
of the additional types, quantity, and periodicity of information that
must be obtained, for the purposes of restoring and conserving the fishery
resources and habitats of the Basin.
(6) FEDERAL, STATE, TRIBAL, AND LOCAL GOVERNMENT ROLES- A discussion of
Federal, State, Tribal, and local government statutory authorities and
programs that pertain to the conservation and restoration of the fishery
resources and habitats of the Basin, with particular attention being given
to the fishery management plans and programs of those jurisdictions and
the relationship to applicable private fishery conservation and management
activities.
(7) RESTORATION PROGRAM RECOMMENDATIONS AND RESPONSIBILITIES- A comprehensive
statement of fishery resource restoration goals and objectives for fish
originating in the Basin and the remedial actions and programs necessary
to achieve those goals and objectives. The statement shall designate the
authorities responsible, together with a projected timetable, for taking
such actions and carrying out such programs. In addition, the statement
shall prescribe the areas and priorities for any additional studies needed
to restore fishery resources in the Basin.

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(a) REQUIREMENT FOR SHARING- The State of Washington may not participate
in undertaking the study under section 3, including developing goals and
recommending actions for the restoration and conservation of the fishery
resources and habitats of the Basin, unless the Director is satisfied
that non-Federal and nontribal participants in the study will pay in the
aggregate at least one-sixth of the cost of the study.
(b) IN-KIND CONTRIBUTIONS-
(1) IN GENERAL- The non-Federal share required by subsection (a) may be in
the form of cash or services, or other in-kind contributions, fairly valued,
including the time of State  employees not funded from Federal sources.
(2) QUALIFICATIONS AND OTHER STANDARDS- The Director shall by regulation
establish--
(A) the training, experience, and other qualifications which volunteers must
have in order for their services to be considered as in-kind contributions;
and
(B) the standards under which the Director will determine the value of
in-kind contributions for purposes of this subsection.
Valuations made by the Director under this subsection are final and not
subject to judicial review.
(c) LIMITATION- The Director shall not consider the expenditure, either
directly or indirectly, of Federal moneys received by the State of Washington
or any local government of such a State,  to be a financial contribution
from a non-Federal source. For purposes of this section, funds provided
to the tribes under authority of the Indian Self-Determination Act (25
U.S.C. 450f-450n) shall not be considered Federal moneys.

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As used in this Act:
(1) BASIN- The term `Basin' means the Chehalis River Basin in the State
of Washington, including the Chehalis River in southwestern Washington
and its drainage basin as well as Grays Harbor and the remainder of its
drainage basin.
(2) DIRECTOR- The term `Director' means the Director of the United States
Fish and Wildlife Service, acting for the Secretary of the Interior.
(3) FISHERY RESOURCES- The term `fishery resources' means--
(A) any stock of fish;
(B) one or more stocks of fish that can be treated as a unit for purposes
of conservation and management and that are identified on the basis of
geographic, scientific, recreational, or economic considerations;
(C) any species of fish; or
(D) any habitat of fish.

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There are authorized to be appropriated to the Director not more
than $2,500,000 to carry out this Act,  to remain available until
expended. One-fifth of any amounts appropriated under the authority of this
section shall be made available to the Chehalis Tribe and the Quinault
Indian Nation to carry out their responsibilities under a memorandum of
understanding entered and into pursuant to section 3(b).
Passed the House of Representatives July 16, 1990.
Attest:
Clerk.

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Chehalis River Basin Fishery Resources Study and Restoration Act of 1990 — HR. 3787

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