II 

109TH CONGRESS 

2D SESSION S. 2662 

To direct the Secretary of Commerce to provide emergency disaster assistance 

to mitigate the economic losses caused by salmon fishery restrictions 

along the California and Oregon coast, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2006 

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To direct the Secretary of Commerce to provide emergency 

disaster assistance to mitigate the economic losses caused 

by salmon fishery restrictions along the California and 

Oregon coast, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EMERGENCY DISASTER ASSISTANCE. 

4 (a) AUTHORIZATION OF PAYMENT.—The Secretary 

5 of Commerce shall make a direct payment to the Pacific 

6 States Marine Fisheries Commission for distribution to 

7 mitigate the economic losses caused by federal fisheries 

8 restrictions put in place to meet the needs of Klamath 


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S 2662 IS

1 River Fall Chinook Salmon. The money provided to the 

2 Pacific States Marine Fisheries Commission shall be dis3 tributed to— 

4 (1) persons or entities, including federally rec5 ognized Indian tribes, which have experienced sig6 nificant economic hardship as a result of federal 

7 fisheries closures or fishing restrictions; 

8 (2) small businesses including fishermen, fish 

9 processors, and related businesses serving the fishing 

10 industry including, but not limited to, cold storage 

11 facilities, ice houses, docks, and other related shore12 side fishery support facilities and infrastructure; and 

13 (3) state and local governments adversely af14 fected by reductions in fish landing fees and other 

15 fishing-related revenue. 

16 (b) LIMITATIONS ON DISTRIBUTIONS.—Distributions 

17 authorized under this section may be made in areas de18 clared by the Governor of a state to be in a state of emer19 gency due to Klamath River basin conditions and limita20 tions on ocean commercial and sport salmon fishing. 

21 (c) PURPOSE OF DISTRIBUTIONS.—Distributions 

22 may be made for the purposes described in section 

23 312(a)(2) of the Magnuson-Stevens Fishery Conservation 

24 and Management Act (16 U.S.C. 1861a(a)(2)). 


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1 (d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

2 more than 4 percent of such funds provided to the Pacific 

3 States Marine Fisheries Commission for disaster relief dis4 tributions may be used for administrative expenses, and 

5 no funds may be used for lobbying activities or representa6 tional expenses. Any funds not distributed by the end of 

7 fiscal year 2008 shall be returned to the Treasury. 

8 (e) RELIEF DISTRIBUTION RECIPIENT REPORTS.— 

9 The Secretary of Commerce shall require that the Pacific 

10 States Marine Fisheries Commission shall, within 6 

11 months after receiving a payment under this section, and 

12 every 6 months thereafter, submit to the Secretary of 

13 Commerce and the Committee on Appropriations of the 

14 House of Representatives and the Senate a report listing 

15 the persons and entities to whom the payment was distrib16 uted and the rationale for such distributions. 

17 (f) EXCLUSION OF PAYMENTS FROM GROSS IN18 COME.—For the purposes of the Internal Revenue Code 

19 of 1986— 

20 (1) EXCLUSION.—Gross income shall not in21 clude any amount received as a payment or distribu22 tion under subsection (a). 

23 (2) DENIAL OF DOUBLE BENEFIT.—Rules simi24 lar to the rules of subsections (g)(3) and (h) of secVerDate Aug 31 2005 20:29 May 06, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2662.IS S2662

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1 tion 139 of such Code shall apply with respect to 

2 any amount excluded under subparagraph (1). 

3 (g) APPROPRIATION.—There is appropriated to the 

4 Secretary of Commerce $81,000,000 to make the payment 

5 under this section for fisheries disaster assistance. 

Æ 


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