I 

110TH CONGRESS 

1ST SESSION H. R. 2733 

To establish the Trinity River Restoration Fund, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2007 

Mr. THOMPSON of California (for himself and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To establish the Trinity River Restoration Fund, 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. SHORT TITLE; DEFINITIONS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trinity River Restoration Fund Act of 2007’’. 

6 (b) DEFINITIONS.—For the purposes of this Act: 

7 (1) APPENDIX C.—The term ‘‘Appendix C’’ 

8 means Appendix C of the Final Environmental Im9 pact Statement/Environmental Impact Report for 

10 the Trinity River Mainstem Fishery. 

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1 (2) RECORD OF DECISION.—The term ‘‘Record 

2 of Decision’’ means the Record of Decision issued by 

3 the Secretary with the concurrence of the Hoopa 

4 Valley Tribe on December 19, 2000, on ‘‘Trinity 

5 River Mainstem Fishery Restoration’’. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 SEC. 2. ESTABLISHMENT AND PURPOSE OF FUND. 

9 (a) ESTABLISHMENT, PURPOSE.—There is hereby es10 tablished in the United States Treasury a fund, to be 

11 known as the ‘‘Trinity River Restoration Fund’’, to be 

12 available to the Secretary for expenditure without further 

13 appropriation or fiscal year limitation, and which the Sec14 retary shall use solely for the purpose of implementing the 

15 preferred alternative identified in the Record of Decision. 

16 (b) AUTHORIZATION TO ACCEPT AND EXPEND

17 FUNDS.—The Secretary is authorized to accept and ex18 pend funds without further appropriation or fiscal year 

19 limitation from public and private sources to assist in the 

20 implementation of the Record of Decision. 

21 (c) USE FOR SPECIFIC PURPOSES.—Amounts depos22 ited into the Trinity River Restoration Fund for specific 

23 purposes shall be expended for those purposes only and 

24 shall not be subject to appropriation. 

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1 SEC. 3. DEPOSITS INTO FUND. 

2 The following shall be deposited in the Trinity River 

3 Restoration Fund: 

4 (1)(A) Out of the capital component of pay5 ments made pursuant to long-term contracts with 

6 the Bureau of Reclamation by Central Valley Project 

7 water and power contractors (excluding payments 

8 made by Friant Division long-term contractors) and 

9 beginning the first full fiscal year beginning after 

10 the date of the enactment of this Act and continuing 

11 each subsequent fiscal year for 5 years, such amount 

12 per year as is necessary to yield on an average an13 nual basis over 5 years $6,500,000 (October 2007 

14 price levels), to be used to complete the construction 

15 and associated administrative activities that the 

16 Record of Decision incorporated pursuant to the Im17 plementation Plan for Trinity River restoration. 

18 (B) For purposes of this paragraph, construc19 tion activities include portions or all of the Mechan20 ical Rehabilitation, Coarse and Fine Sediment Man21 agement Program, and Infrastructure Modifications 

22 described in sections 2, 3, and 4 of Appendix C. 

23 (2)(A) Out of the capital component of pay24 ments made pursuant to long-term contracts with 

25 the Bureau of Reclamation by Central Valley Project 

26 water and power contractors (excluding payments 

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1 made by Friant Division long-term contractors) and 

2 beginning the first fiscal year after the date of the 

3 enactment of this Act and continuing through the 

4 conclusion of the Central Valley Project repayment 

5 pursuant to Public Law 99–546, such amount per 

6 year required to yield a 3-year rolling average of 

7 $11,000,000 (October 2007 price levels), to fund op8 eration, maintenance, repair, and replacement, and 

9 associated administrative activities necessary for the 

10 implementation of the Record of Decision. 

11 (B) For purposes of this paragraph— 

12 (i) operation, maintenance, repair, and re13 placement activities— 

14 (I) are activities necessary to main15 tain the physical infrastructure constructed 

16 under paragraph (1); and 

17 (II) those activities associated with 

18 Coarse and Fine Sediment Management, 

19 Infrastructure Modifications, Watershed 

20 Protection, and Adaptive Environmental 

21 Assessment and Management, described in 

22 sections 3, 4, 5, and 6 of Appendix C; and 

23 (ii) associated administrative activities are 

24 those described in Organizing to Implement the 

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1 Trinity River Restoration Program in section 7 

2 of Appendix C. 

3 (3) Non-Federal funds contributed to the 

4 United States for implementation of the Record of 

5 Decision or Federal funds appropriated to the Trin6 ity River Restoration Fund. 

7 SEC. 4. COSTS; STATUTORY CONSTRUCTION. 

8 The Federal costs of implementing paragraphs (1) 

9 and (2) of section 3 shall be nonreimbursable under Fed10 eral reclamation law. Nothing in this section shall— 

11 (1) limit or be construed to limit the use of the 

12 funds assessed and collected pursuant to section 

13 3407(d)(2) of the Central Valley Project Improve14 ment Act (Public Law 102–575; 106 Stat. 4706, 

15 4727) for implementation of the Record of Decision; 

16 or 

17 (2) be construed to limit or modify existing or 

18 future Central Valley Project Ratesetting Policies. 

19 SEC. 5. FUNDING IN THE EVENT CENTRAL VALLEY 

20 PROJECT CAPITAL REPAYMENTS ARE UN21 AVAILABLE. 

22 For any fiscal year in which the capital component 

23 of payments made pursuant to long-term contracts with 

24 the Bureau of Reclamation by Central Valley Project 

25 water and power contractors (excluding payments made 

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1 by Friant Division long-term contractors) falls below the 

2 amounts determined to be necessary for construction ac3 tivities, operation, maintenance, repair, and replacement 

4 costs, and associated administrative costs under para5 graphs (1) and (2) of section 3; or the said capital compo6 nent payments have been completed, the Secretary shall 

7 deposit annually in the Trinity River Restoration Fund 

8 an amount sufficient to make up the shortfall from the 

9 following sources, to be available for expenditure without 

10 further appropriation or fiscal year limitation— 

11 (1) reimbursements pursuant to section 

12 3406(b)(23) of the Central Valley Project Improve13 ment Act (Public Law 102–575; 106 Stat. 4706, 

14 4720); 

15 (2) receipts to the Central Valley Project Res16 toration Fund established by section 3407 of the 

17 Central Valley Project Improvement Act (Public 

18 Law 102–575; 106 Stat. 4706, 4726); and 

19 (3) such other Federal funds appropriated to 

20 the Trinity River Restoration Fund. 

21 SEC. 6. REPORTING REQUIREMENT. 

22 Not later than 90 days after the beginning of the sec23 ond full fiscal year after date of the enactment of this Act 

24 and every 2 years thereafter, the Secretary shall submit 

25 a summary report to the Committees on Indian Affairs 

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1 and Energy and Natural Resources of the Senate and the 

2 Committee on Natural Resources of the House of Rep3 resentatives. Summary reports under this section shall 

4 contain the following: 

5 (1) A description of the progress in imple6 menting the Trinity River Restoration Program and 

7 any barriers to the achievement of restoration goals. 

8 (2) The separate views of the Hoopa Valley 

9 Tribe, the Yurok Tribe, State and local govern10 ments, or other entities participating in the imple11 mentation of the Record of Decision, if any of these 

12 entities provide their views in writing to the Sec13 retary not later than 30 days before the beginning 

14 of the fiscal year. 

15 (3) In the first report submitted pursuant to 

16 this section following completion of the capital com17 ponent of payments made pursuant to long-term 

18 contracts with the Bureau of Reclamation by Cen19 tral Valley Project water and power contractors re20 ferred to in section 3, the Secretary, after consulta21 tion with the Hoopa Valley Tribe, the Yurok Tribe, 

22 State and local governments, or other entities par23 ticipating in the implementation of the Record of 

24 Decision, shall set forth recommendations, if any, 

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1 with respect to adjustment of the amount referred to 

2 in section 3(2). 

3 SEC. 7. REQUIRED ADJUSTMENT. 

4 Beginning in the second full fiscal year beginning 

5 after the date of the enactment of this Act, each dollar 

6 amount specified in this Act shall be adjusted to reflect 

7 changes for the 1-year period ending the preceding No8 vember 30 in the Consumer Price Index for All Urban 

9 Consumers published by the Bureau of Labor Statistics 

10 of the Department of Labor. 

11 SEC. 8. ADJUSTMENT TO CERTAIN PAYMENT OBLIGATIONS. 

12 The capital repayment obligation of Central Valley 

13 Project water and power contractors pursuant to long14 term contracts with the Bureau of Reclamation and the 

15 appropriate share of the Federal investment in the Central 

16 Valley Project to be recovered by the United States pursu17 ant to Public Law 99–546 (100 Stat. 3050) shall be re18 duced by the amount paid into the Trinity River Restora19 tion Fund pursuant to section 3(1) and section 3(2). 

20 SEC. 9. EFFECT OF ACT. 

21 Except as specifically provided herein, nothing in this 

22 Act shall modify or affect in any way, the following: 

23 (1) The Act of August 12, 1955 (Public Law 

24 84–386; 69 Stat. 719). 

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1 (2) The Act of September 4, 1980 (Public Law 

2 96–335; 94 Stat. 1062). 

3 (3) The Act of October 24, 1984 (Public Law 

4 98–541; 98 Stat. 2721), as amended by the Act of 

5 May 15, 1996 (Public Law 104–143; 110 Stat. 

6 1338). 

7 (4) The Act of October 27, 1986 (Public Law 

8 99–546; 100 Stat. 3050). 

9 (5) The Central Valley Project Improvement 

10 Act (Public Law 102–575; 106 Stat. 4706). 

Æ 

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