Elwha River Ecosystem and Fisheries Restoration Act

Summary

Elwha River Ecosystem and Fisheries Restoration Act - Directs the Secretary of the Interior to acquire title to the Elwha River Hydroelectric Project and the Glines Canyon Hydroelectric Project (the Projects), both in the State of Washington, including all rights and interests in the Projects and the electric power generated by the Projects held by the owner of the Projects and by the pulp and paper mill on Ediz Hook in Port Angeles, Washington (the mill). Grants consideration in the forms of: (1) deeming satisfied or assumed obligations and liabilities of the owner and the mill to the United States, including project removal and any ecosystem, fish and wildlife mitigation, or restoration obligations; and (2) the United States providing to the mill, through Port Angeles City Light, power to replace the power generated by the Projects. Authorizes the Projects to continue to operate under the terms and conditions of licenses and permits issued by the Federal Energy Regulatory Commission until title is transferred under this Act. Mandates a power exchange agreement between the Secretary and the Administrator of the Bonneville Power Administration. Regulates the power supplied to the mill, including price and a term of 40 years. Mandates interim and final operating plans for the Projects designed to promote the purposes of ecosystem, fisheries, and wildlife restoration, protection, and enhancement and the other purposes of this Act, with electric power production incidental and subordinate to the purposes of this Act and such production reduced or terminated as necessary to achieve the purposes of this Act. Establishes the Elwha River Ecosystem and Fisheries Restoration Task Force, and requires it to prepare a comprehensive and multidisciplinary analysis of the most effective and reliable alternatives to carry out the purposes of this Act. Requires: (1) in carrying out construction, dam removal, fishery restoration, or monitoring under this Act, preference to the employment of members of the Lower Elwha Klallam Tribe; and (2) in carrying out the final plan, satisfaction of the requirements of the National Environmental Policy Act. Directs the Secretary to conduct an assessment of present conditions of the ecosystem, water quality, fisheries, and wildlife of the Elwha River Basin and to monitor and evaluate subsequent changes thereto associated with implementation of the final plan. Directs the Secretary, if the final plan requires removal of the Projects, to protect the continued availability of high quality water for users of Elwha River water. Makes the Secretary responsible, if removal is begun but, for budgetary reasons, is not completed, for all fishery mitigation and correction of water quality problems. Establishes the Elwha River National Fish Refuge, comprised of lands acquired by the United States under this Act that are located outside of the exterior boundaries of the Olympic National Park. Authorizes the Secretary to manage lands acquired by the United States under this Act, outside the Park, and not needed for the refuge for the benefit of the Tribe for housing, cultural, or economic development. Reduces any repayment obligations of the Administration to the United States by the value of replacement power supplied to the mill, less the value of power delivered to the Administrator. Directs the Secretary to retain surplus Federal land on Ediz Hook, Washington, and authorizes the Secretary to transfer title to such lands to the Tribe for tribal economic development if the Tribe and the city of Port Angeles agree concerning development of the land. Authorizes appropriations to carry out this Act.

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Documents

6 official files

• Received in Senate (text)

  Received in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Enrolled Bill (text)

  Enrolled Bill · EN

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• Public Law (PDF)

  Public Law · EN · 25 October 1992

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• Passed House amended

  summary · EN · 6 October 1992

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• Introduced in House

  summary · EN · 9 April 1992

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