---
kind: "section"
citation: "16 U.S.C. § 3321"
title: "16"
title_heading: "Conservation"
number: "3321"
heading: "Grants for projects under approved enhancement plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3321"
units:
  - "Chapter 52 — Salmon and Steelhead Conservation and Enhancement"
  - "Subchapter III — Resource Enhancement"
---

# §3321. Grants for projects under approved enhancement plans

- (a) **Authority—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to in this subchapter as the “[Secretary](/usc/16/410r–5.md?p=c-1)”), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, is authorized to establish a program to provide grants for [projects](/usc/16/410r–5.md?p=c-4) for the [enhancement](/usc/16/3302.md?p=8) of the [salmon](/usc/16/3302.md?p=11) and [steelhead](/usc/16/3302.md?p=13) resources of the [Washington conservation area](/usc/16/3302.md?p=17) and the [Columbia River conservation area](/usc/16/3302.md?p=4).
- (b) **Plans—** Any such [project](/usc/16/410r–5.md?p=c-4) in the [Washington conservation area](/usc/16/3302.md?p=17) must be in accordance with a comprehensive [enhancement](/usc/16/3302.md?p=8) plan developed and agreed to by the [State](/usc/16/590q.md?p=a) of Washington and the [Washington tribal coordinating body](/usc/16/3302.md?p=18) within 18 months after December 22, 1980. Any [enhancement](/usc/16/3302.md?p=8) [project](/usc/16/410r–5.md?p=c-4) in the [Columbia River conservation area](/usc/16/3302.md?p=4) must be in accordance with a comprehensive [enhancement](/usc/16/3302.md?p=8) plan developed and agreed to by the [State](/usc/16/590q.md?p=a) of Washington, the [State](/usc/16/590q.md?p=a) of Oregon, and the [Columbia River tribal coordinating body](/usc/16/3302.md?p=5) within 18 months after December 22, 1980. Such plans must be approved by the [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, as provided in this subchapter. The [States](/usc/16/544.md?p=r) shall solicit and consider the comments and views of interested commercial and recreational fishermen, and other interested parties, in developing the comprehensive [enhancement](/usc/16/3302.md?p=8) plan.
- (c) **Scope—** Each comprehensive [enhancement](/usc/16/3302.md?p=8) plan, and any revisions, or modifications of such plan, shall describe all [enhancement](/usc/16/3302.md?p=8) [projects](/usc/16/410r–5.md?p=c-4) in the conservation [area](/usc/16/539m–1.md?p=1-A), and associated stocking policies (when relevant), including any related research necessary to such [enhancement](/usc/16/3302.md?p=8) anticipated by the [States](/usc/16/544.md?p=r) and the [treaty tribes](/usc/16/3302.md?p=16) (acting through the [appropriate tribal coordinating body](/usc/16/3302.md?p=1)) for a period of at least 5 years.
- (d) **Standards—** Each comprehensive [enhancement](/usc/16/3302.md?p=8) plan shall include such standards, restrictions, or conditions as are necessary, to assure that any [project](/usc/16/410r–5.md?p=c-4) included in the plans contributes to the balanced and integrated development of the [salmon](/usc/16/3302.md?p=11) and [steelhead](/usc/16/3302.md?p=13) resources of the [area](/usc/16/539m–1.md?p=1-A). Such standards shall include, but not be limited to, provisions designed to—
  - (1) assure that all commercial and recreational fishermen and the [treaty tribes](/usc/16/3302.md?p=16) shall have a reasonable opportunity to participate in the benefits, considered as a whole, of the [salmon](/usc/16/3302.md?p=11) and [steelhead](/usc/16/3302.md?p=13) resources development;
  - (2) minimize, to the extent practicable, significant adverse interaction between naturally spawning and artifically[^1] propagated [stocks](/usc/16/3302.md?p=14);
  - (3) ensure that all [projects](/usc/16/410r–5.md?p=c-4) included within the plan are designed to complement the contribution of sound [State](/usc/16/590q.md?p=a), Federal, and tribal [enhancement](/usc/16/3302.md?p=8) activities;
  - (4) ensure that all [projects](/usc/16/410r–5.md?p=c-4) included within the plan are economically and biologically sound and supported by adequate scientific research;
  - (5) assure that all [projects](/usc/16/410r–5.md?p=c-4) included within the plan achieve significant benefits relative to the overall cost of each such [project](/usc/16/410r–5.md?p=c-4);
  - (6) consider the effect of [enhancement](/usc/16/3302.md?p=8) 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](/usc/16/3302.md?p=16) in accordance with [treaty](/usc/16/3302.md?p=15) rights, unless agreed otherwise by the affected [treaty tribes](/usc/16/3302.md?p=16).
- (e) **Approval—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, shall review each comprehensive [enhancement](/usc/16/3302.md?p=8) 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](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/590q.md?p=a) of Washington or the [State](/usc/16/590q.md?p=a) of Oregon, or both, as appropriate, and the [appropriate tribal coordinating body](/usc/16/3302.md?p=1) with recommendations.
  - (2) Upon receiving such a plan, the [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/450rr–1.md?p=b) or group, and solicit and consider the comments and views of such [persons](/usc/16/450rr–1.md?p=b) 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](/usc/16/3302.md?p=8), and harvest of the [salmon](/usc/16/3302.md?p=11) and [steelhead](/usc/16/3302.md?p=13) resources of the [area](/usc/16/539m–1.md?p=1-A);
    - (D) provide a copy of the plan to and consult with the Secretary of State and the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, with respect to the effect of such plan on any international fisheries; and
    - (E) determine whether the [State](/usc/16/590q.md?p=a) of Washington or the [State](/usc/16/590q.md?p=a) of Oregon, as appropriate, and the [treaty tribes](/usc/16/3302.md?p=16), 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](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, shall not approve a comprehensive [enhancement](/usc/16/3302.md?p=8) plan unless the [State](/usc/16/590q.md?p=a) of Washington or the [State](/usc/16/590q.md?p=a) of Oregon, or both, as appropriate, and the [treaty tribes](/usc/16/3302.md?p=16), acting through the [appropriate tribal coordinating body](/usc/16/3302.md?p=1), agree not to undertake any [salmon](/usc/16/3302.md?p=11) or [steelhead](/usc/16/3302.md?p=13) [enhancement](/usc/16/3302.md?p=8) [project](/usc/16/410r–5.md?p=c-4), using funds provided pursuant to this subchapter or otherwise, that would be inconsistent with the plan.
  - (4) The [Secretary](/usc/16/410r–5.md?p=c-1) may not approve a comprehensive plan unless the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce concurs that such plan satisfactorily complies with standards (1), (6), and (7) of [subsection (d)](#d) of this section.
- (f) **Review, modification, or revisions—** Each comprehensive [enhancement](/usc/16/3302.md?p=8) plan shall be reviewed periodically. The [Secretary](/usc/16/410r–5.md?p=c-1), the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, the [State](/usc/16/590q.md?p=a) of Washington, the [State](/usc/16/590q.md?p=a) of Oregon, or the [appropriate tribal coordinating body](/usc/16/3302.md?p=1) 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](/usc/16/590q.md?p=a) of Washington or the [State](/usc/16/590q.md?p=a) of Oregon, as appropriate, and the [appropriate tribal coordinating body](/usc/16/3302.md?p=1), shall be approved by the [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/590q.md?p=a) of Washington or the [State](/usc/16/590q.md?p=a) of Oregon, as appropriate, and the [appropriate tribal coordinating body](/usc/16/3302.md?p=1) to correct any such inconsistencies.

## Footnotes

[^1]: So in original. Probably should be “artificially”.

## Source credit

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