Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service
Elwha River Ecosystem and Fisheries Restoration Act
Elwha River Ecosystem and Fisheries Restoration Act -- Public Law 102-495, signed
October 24, 1992 (106 Stat. 3173) provides for efforts to restore the fisheries and ecosystem of
the Elwha River basin in Washington State, as follows:
- Effective 60 days after submission of a report to Congress, the Secretary of the Interior is
authorized to acquire the Elwha and Glines Canyon hydroelectric power projects for $29.5
- Authorization for acquisition of the projects is conditioned upon determinations by the
Secretary that removal of the dams is necessary for full restoration of the Elwha River
ecosystem and fisheries, and that funding for that purpose will be available within 2 years
- By January 31, 1994, the Secretary is to submit a feasibility study and definite plan report
to Congress, including:
- the precise terms of the acquisition;
- alternatives in lieu of dam removal for restoration of the ecosystem, fisheries, and wildlife;
- specific proposals for management of all lands or interests therein to be acquired, including
suitability for inclusion of such lands or any portion thereof in the National Wildlife Refuge
- specific proposals to protect the quality and quantity of water available for municipal and
industrial use; and
- identification of any non-Federal entities (excluding Indian tribes) which might benefit
from restoration of the ecosystem and fisheries, if the Secretary believes such entities should
share the costs, in which case specific provisions for cost sharing shall also be included in the
- In preparing the report, the Secretary is to consult with appropriate State and local officials,
affected Indian tribes, the Federal Energy Regulatory Commission, Environmental Protection
Agency, Secretary of Energy, Administrator of the Bonneville Power Administration,
Secretary of Commerce, and Advisory Council on Historic Preservation, and shall provide
opportunities for public comment.
- Effective 60 days after submission of the report and following transfer of title to the
property, subject to the appropriation of funding, the Secretary is authorized and directed to
implement the definite plan report, including the management of lands acquired.
- "Such sums as may be necessary" are authorized for appropriation to the Secretary of the
Interior (through the Assistant Secretary for Fish, Wildlife and Parks) and to the Secretary of
Commerce to carry out the purposes of the Act. However, the funding authorization is not
effective until 60 days after the report is submitted to Congress.
The legislative history includes: Senate Report 102-447 and Congressional Record pages
H11856 - 58, October 5, 1992; S16498 - 99, October 3, 1992; E1089, April 10, 1992; and S4838
- 39, April 2, 1992.
The National Park Service has been delegated overall responsibility by the Department.
Region 1 is responsible for coordination of implementation actions to be taken by the Fish and
Wildlife Service, in consultation with the Division of Habitat Conservation, Office of Fish and
Wildlife Management Assistance, Division of Realty, and Division of Refuges.
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