eligible entity

(6) Eligible entity defined (A) Definition In this subsection, the term “eligible entity” means— (i) with respect to removal in the mainstem of the Columbia River, from river mile 112 to the McNary Dam and its tributaries in the State of Washington, and its tributaries in the State of Oregon above Bonneville Dam, the State of Washington, the State of Oregon, and the State of Idaho; (ii) with respect to removal in the mainstem Columbia River from river mile 112 to the McNary Dam and its tributaries within the State of Washington and in any of its tributaries above Bonneville Dam within the State of Oregon, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation; and (iii) with respect to removal in the Willamette River and other tributaries of the Columbia River within the State of Oregon below Bonneville Dam, a committee recognized by the Secretary under subparagraph (D). (B) Delegation authority The Secretary may allow eligible entities described in clause (i) or (ii) of subparagraph (A) to delegate their authority under a permit under this subsection to the Columbia River Intertribal Fish Commission for removal in the mainstem of the Columbia River above river mile 112 and below McNary Dam, in the Columbia River tributaries in the State of Washington, or in tributaries within the State of Oregon above Bonneville Dam and below McNary Dam. (C) Additional delegation authority The Secretary may allow an eligible entity described in subparagraph (A)(i) to delegate its authority under a permit under this subsection to any entity described in subclause (i) or (ii) of subparagraph (A) with respect to removal in the mainstem of the Columbia River above river mile 112 and below McNary Dam, in the Columbia River tributaries in the State of Washington, or in tributaries in the State of Oregon above Bonneville Dam and below McNary Dam. (D) Committee requirements (i) In general The Secretary shall recognize a committee established in accordance with this subparagraph as being eligible for a permit under this subsection, for purposes of subparagraph (A)(iii). (ii) Membership A committee established under this subparagraph shall consist of the State of Oregon and each of the following: (I) The Confederated Tribes of Siletz Indians or the Confederated Tribes of the Grand Ronde Community, or both. (II) The Confederated Tribes of the Warm Springs or the Confederated Tribes of the Umatilla Reservation, or both. (iii) Majority agreement required A committee established under this subparagraph may take action with respect to a permit application and removal under this subsection only with majority agreement by the committee members. (iv) Nonapplicability of FACA The Federal Advisory Committee Act ( 5 U.S.C. App. ) shall not apply to a committee established under this subparagraph.

Source

16 USC § 1389(f)(6)


Scoping language

In this subsection
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