
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3321]

 
                         TITLE 16--CONSERVATION
 
      CHAPTER 52--SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
 
                  SUBCHAPTER III--RESOURCE ENHANCEMENT
 
Sec. 3321. Grants for projects under approved enhancement plans


(a) Authority

    The Secretary of the Interior (hereinafter referred to in this 
subchapter as the ``Secretary''), in consultation with the Secretary of 
Commerce, is authorized to establish a program to provide grants for 
projects for the enhancement of the salmon and steelhead resources of 
the Washington conservation area and the Columbia River conservation 
area.

(b) Plans

    Any such project in the Washington conservation area must be in 
accordance with a comprehensive enhancement plan developed and agreed to 
by the State of Washington and the Washington tribal coordinating body 
within 18 months after December 22, 1980. Any enhancement project in the 
Columbia River conservation area must be in accordance with a 
comprehensive enhancement plan developed and agreed to by the State of 
Washington, the State of Oregon, and the Columbia River tribal 
coordinating body within 18 months after December 22, 1980. Such plans 
must be approved by the Secretary, in consultation with the Secretary of 
Commerce, as provided in this subchapter. The States shall solicit and 
consider the comments and views of interested commercial and 
recreational fishermen, and other interested parties, in developing the 
comprehensive enhancement plan.

(c) Scope

    Each comprehensive enhancement plan, and any revisions, or 
modifications of such plan, shall describe all enhancement projects in 
the conservation area, and associated stocking policies (when relevant), 
including any related research necessary to such enhancement anticipated 
by the States and the treaty tribes (acting through the appropriate 
tribal coordinating body) for a period of at least 5 years.

(d) Standards

    Each comprehensive enhancement plan shall include such standards, 
restrictions, or conditions as are necessary, to assure that any project 
included in the plans contributes to the balanced and integrated 
development of the salmon and steelhead resources of the area. Such 
standards shall include, but not be limited to provisions designed to--
        (1) assure that all commercial and recreational fishermen and 
    the treaty tribes shall have a reasonable opportunity to participate 
    in the benefits, considered as a whole, of the salmon and steelhead 
    resources development;
        (2) minimize, to the extent practicable, significant adverse 
    interaction between naturally spawning and artifically \1\ 
    propagated stocks;
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    \1\ So in original. Probably should be ``artificially''.
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        (3) ensure that all projects included within the plan are 
    designed to complement the contribution of sound State, Federal, and 
    tribal enhancement activities;
        (4) ensure that all projects included within the plan are 
    economically and biologically sound and supported by adequate 
    scientific research;
        (5) assure that all projects included within the plan achieve 
    significant benefits relative to the overall cost of each such 
    project;
        (6) consider the effect of enhancement activities as they relate 
    to existing and future international commitments; and
        (7) notwithstanding any of the above measures, provide for the 
    harvest of fish by treaty tribes in accordance with treaty rights, 
    unless agreed otherwise by the affected treaty tribes.

(e) Approval

    (1) The Secretary, in consultation with the Secretary of Commerce, 
shall review each comprehensive enhancement plan and approve such plan 
within 120 days of the date of its receipt, if found to be consistent 
with this chapter and other applicable law. If the Secretary, in 
consultation with the Secretary of Commerce, finds that a plan is not in 
conformity with the provisions of this chapter or other applicable law, 
he shall return such plan to the State of Washington or the State of 
Oregon, or both, as appropriate, and the appropriate tribal coordinating 
body with recommendations.
    (2) Upon receiving such a plan, the Secretary, in consultation with 
the Secretary of Commerce, shall--
        (A) publish a notice in the Federal Register of the availability 
    of the plan;
        (B) provide a copy of the plan to the Pacific Fishery Management 
    Council and, upon request, to any other interested person or group, 
    and solicit and consider the comments and views of such persons or 
    groups with respect to the plan;
        (C) undertake a biological and technical review of the plan, in 
    consultation with individuals who are knowledgeable with regard to 
    the management, conservation, enhancement, and harvest of the salmon 
    and steelhead resources of the area;
        (D) provide a copy of the plan to and consult with the Secretary 
    of State and the Secretary of Commerce, with respect to the effect 
    of such plan on any international fisheries; and
        (E) determine whether the State of Washington or the State of 
    Oregon, as appropriate, and the treaty tribes, acting through their 
    chosen agency or agencies, have the authority to carry out the plan 
    in accordance with this chapter, and in accordance with standards 
    included within the plan.

    (3) The Secretary, in consultation with the Secretary of Commerce, 
shall not approve a comprehensive enhancement plan unless the State of 
Washington or the State of Oregon, or both, as appropriate, and the 
treaty tribes, acting through the appropriate tribal coordinating body, 
agree not to undertake any salmon or steelhead enhancement project, 
using funds provided pursuant to this subchapter or otherwise, that 
would be inconsistent with the plan.
    (4) The Secretary may not approve a comprehensive plan unless the 
Secretary of Commerce concurs that such plan satisfactorily complies 
with standards (1), (6), and (7) of subsection (d) of this section.

(f) Review, modification, or revisions

    Each comprehensive enhancement plan shall be reviewed periodically. 
The Secretary, the Secretary of Commerce, the State of Washington, the 
State of Oregon, or the appropriate tribal coordinating body may request 
a review, modification, or revision of a plan at any time. Any revision 
or modification of a plan, developed and agreed to by the State of 
Washington or the State of Oregon, as appropriate, and the appropriate 
tribal coordinating body, shall be approved by the Secretary, in 
consultation with the Secretary of Commerce, within 45 days of receipt 
of the proposed revision or modification, if such revision or 
modification is in conformity with this chapter and other applicable 
law. The Secretary, in consultation with the Secretary of Commerce, may 
withdraw approval of a plan if he finds that (1) the plan or its 
implementation is not consistent with this chapter, and (2) no 
modification or revision has been agreed to by the State of Washington 
or the State of Oregon, as appropriate, and the appropriate tribal 
coordinating body to correct any such inconsistencies.

(Pub. L. 96-561, title I, Sec. 120, Dec. 22, 1980, 94 Stat. 3280.)

                  Section Referred to in Other Sections

    This section is referred to in section 3325 of this title.
