§3321 Grants for Projects Under Approved Enhancement Plans

Summary

The Secretary of the Interior, working with the Secretary of Commerce, may set up a grant program to improve salmon and steelhead in the Washington conservation area and the Columbia River conservation area. Projects in the Washington area must follow a detailed plan made and agreed to by the State of Washington and the Washington tribal coordinating body within 18 months after December 22, 1980. Projects in the Columbia River area must follow a plan agreed to by Washington, Oregon, and the Columbia River tribal coordinating body within the same 18-month deadline. Each plan must list all projects, stocking rules when needed, and related research expected for at least 5 years. Plans must include standards to make sure benefits are shared reasonably among commercial and recreational fishers and treaty tribes; to reduce harmful interactions between wild and hatchery fish; to fit with state, federal, and tribal work; to be economically and biologically sound and backed by research; to give clear benefits for their cost; to consider international commitments; and to allow treaty tribes to harvest fish under their treaty rights unless they agree otherwise. The Secretary, with the Secretary of Commerce, must approve a plan within 120 days if it follows the law, or return it with recommendations if it does not. After getting a plan, the Secretary must announce it, share it with the Pacific Fishery Management Council and others on request, do a technical and biological review with experts, consult the Secretary of State and Commerce about international effects, and check that the states and tribes have authority to carry it out. Approval requires agreement that no funded projects will conflict with the plan, and the Secretary of Commerce must agree the plan meets key standards about fair sharing, international commitments, and treaty harvests. Plans are reviewed periodically and can be changed at any time by the named parties; agreed changes must be approved within 45 days if legal. The Secretary can withdraw approval if the plan or how it is carried out does not follow the law and the parties do not agree to fix it.