IIA

104TH CONGRESS

1ST SESSION H. R. 2243

IN THE SENATE OF THE UNITED STATES

DECEMBER 13, 1995

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To amend the Trinity River Basin Fish and Wildlife Management Act of 1984, to extend for three years the availability of moneys for the restoration of fish and wildlife

in the Trinity River, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Trinity River Basin

3 Fish and Wildlife Management Reauthorization Act of

4 1995’’.

5 SEC. 2. CLARIFICATION OF FINDINGS.

6 Section 1 of the Act entitled ‘‘An Act to provide for

7 the restoration of the fish and wildlife in the Trinity River

8 Basin, California, and for other purposes’’, approved Octo9 ber 24, 1984 (98 Stat. 2721), as amended, is amended—

10 (1) by redesignating paragraphs (5) and (6) as

11 paragraphs (6) and (7), respectively;

12 (2) by adding after paragraph (4) the following:

13 ‘‘(5) Trinity Basin fisheries restoration is to be

14 measured not only by returning adult anadromous

15 fish spawners, but by the ability of dependent tribal,

16 commercial, and sport fisheries to participate fully,

17 through enhanced in-river and ocean harvest oppor18 tunities, in the benefits of restoration;’’; and

19 (3) by amending paragraph (7), as so redesig20 nated, to read as follows:

21 ‘‘(7) the Secretary requires additional authority

22 to implement a management program, in conjunc23 tion with other appropriate agencies, to achieve the

24 long-term goals of restoring fish and wildlife popu25 lations in the Trinity River Basin, and, to the extent

26 these restored populations will contribute to ocean
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1 populations of adult salmon, steelhead, and other

2 anadromous fish, such management program will aid

3 in the resumption of commercial, including ocean

4 harvest, and recreational fishing activities.’’.

5 SEC. 3. CHANGES TO MANAGEMENT PROGRAM.

6 (a) OCEAN FISH LEVELS.—Section 2(a) of the Act

7 entitled ‘‘An Act to provide for the restoration of the fish

8 and wildlife in the Trinity River Basin, California, and

9 for other purposes’’, approved October 24, 1984 (98 Stat.

10 2722), as amended, is amended—

11 (1) in the matter preceding paragraph (1)—

12 (A) by inserting ‘‘, in consultation with the

13 Secretary of Commerce where appropriate,’’

14 after ‘‘Secretary’’; and

15 (B) by adding the following after ‘‘such

16 levels.’’: ‘‘To the extent these restored fish and

17 wildlife populations will contribute to ocean

18 populations of adult salmon, steelhead, and

19 other anadromous fish, such management pro20 gram is intended to aid in the resumption of

21 commercial, including ocean harvest, and rec22 reational fishing activities.’’.

23 (b) FISH HABITATS IN THE KLAMATH RIVER.—

24 Paragraph (1)(A) of such section (98 Stat. 2722) is

25 amended by striking ‘‘Weitchpec;’’ and inserting
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1 ‘‘Weitchpec and in the Klamath River downstream of the

2 confluence with the Trinity River;’’.

3 (c) TRINITY RIVER FISH HATCHERY.—Paragraph

4 (1)(C) of such section (98 Stat. 2722) is amended by in5 serting before the period the following: ‘‘, so that it can

6 best serve its purpose of mitigation of fish habitat loss

7 above Lewiston Dam while not impairing efforts to restore

8 and maintain naturally reproducing anadromous fish

9 stocks within the basin’’.

10 (d) ADDITION OF INDIAN TRIBES.—Section 2(b)(2)

11 of such Act (98 Stat. 2722) is amended by striking ‘‘tribe’’

12 and inserting ‘‘tribes’’.

13 SEC. 4. ADDITIONS TO TASK FORCE.

14 (a) IN GENERAL.—Section 3(a) of the Act entitled

15 ‘‘An Act to provide for the restoration of the fish and wild16 life in the Trinity River Basin, California, and for other

17 purposes’’, approved October 24, 1984 (98 Stat. 2722),

18 as amended, is amended—

19 (1) by striking ‘‘fourteen’’ and inserting ‘‘nine20 teen’’;

21 (2) by striking ‘‘United States Soil Conserva22 tion Service’’ in paragraph (10) and inserting ‘‘Nat23 ural Resources Soil and Conservation Service’’; and

24 (3) by inserting after paragraph (14) the fol25 lowing:
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1 ‘‘(15) One individual to be appointed by the

2 Yurok Tribe.

3 ‘‘(16) One individual to be appointed by the

4 Karuk Tribe.

5 ‘‘(17) One individual to represent commercial

6 fishing interests, to be appointed by the Secretary

7 after consultation with the Board of Directors of the

8 Pacific Coast Federation of Fishermen’s Associa9 tions.

10 ‘‘(18) One individual to represent sport fishing

11 interests, to be appointed by the Secretary after con12 sultation with the Board of Directors of the Califor13 nia Advisory Committee on Salmon and Steelhead

14 Trout.

15 ‘‘(19) One individual to be appointed by the

16 Secretary, in consultation with the Secretary of Ag17 riculture, to represent the timber industry.’’.

18 (b) COORDINATION.—Section 3 of such Act (98 Stat.

19 2722) is further amended by adding at the end thereof

20 the following new subsection:

21 ‘‘(d) Task Force actions or management on the

22 Klamath River from Weitchpec downstream to the Pacific

23 Ocean shall be coordinated with, and conducted with the

24 full knowledge of, the Klamath River Basin Fisheries Task

25 Force and the Klamath Fishery Management Council, as
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1 established under Public Law 99–552. The Secretary shall

2 appoint a designated representative to ensure such coordi3 nation and the exchange of information between the Trin4 ity River Task Force and these two entities.’’.

5 (c) REIMBURSEMENT.—Section 3(c)(2) of such Act

6 (98 Stat. 2723) is amended by adding at the end the fol7 lowing: ‘‘Members of the Task Force who are not full-time

8 officers or employees of the United States, the State of

9 California (or a political subdivision thereof), or an Indian

10 tribe, may be reimbursed for such expenses as may be in11 curred by reason of their service on the Task Force, as

12 consistent with applicable laws and regulations.’’.

13 (d) EFFECTIVE DATE.—The amendments made by

14 subsection (a) shall apply with respect to actions taken

15 by the Trinity River Basin Fish and Wildlife Task Force

16 on and after 120 days after the date of the enactment

17 of this Act.

18 SEC. 5. APPROPRIATIONS.

19 (a) EXTENSION OF AUTHORIZATION.—Section 4(a)

20 of the Act entitled ‘‘An Act to provide for the restoration

21 of the fish and wildlife in the Trinity River Basin, Califor22 nia, and for other purposes’’, approved October 24, 1984

23 (98 Stat. 2723), as amended, is amended—
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1 (1) in paragraph (1), by striking ‘‘October 1,

2 1995’’ and inserting in lieu thereof ‘‘October 1,

3 1998’’; and

4 (2) in paragraph (2), by striking ‘‘ten-year’’

5 and inserting in lieu thereof ‘‘13-year’’.

6 (b) IN-KIND SERVICES; OVERHEAD; AND FINANCIAL

7 AND AUDIT REPORTS.—Section 4 of such Act (98 Stat.

8 2724) is amended—

9 (1) by designating subsection (d) as subsection

10 (h); and

11 (2) by inserting after subsection (c) the follow12 ing new subsections:

13 ‘‘(d) The Secretary is authorized to accept in-kind

14 services as payment for obligations incurred under sub15 section (b)(1).

16 ‘‘(e) Not more than 20 percent of the amounts appro17 priated under subsection (a) may be used for overhead and

18 indirect costs. For the purposes of this subsection, the

19 term ‘overhead and indirect costs’ means costs incurred

20 in support of accomplishing specific work activities and

21 jobs. Such costs are primarily administrative in nature

22 and are such that they cannot be practically identified and

23 charged directly to a project or activity and must be dis24 tributed to all jobs on an equitable basis. Such costs in25 clude compensation for administrative staff, general staff
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1 training, rent, travel expenses, communications, utility

2 charges, miscellaneous materials and supplies, janitorial

3 services, depreciation and replacement expenses on cap4 italized equipment. Such costs do not include inspection

5 and design of construction projects and environmental

6 compliance activities, including (but not limited to) prepa7 ration of documents in compliance with the National Envi8 ronmental Policy Act of 1969.

9 ‘‘(f) Not later than December 31 of each year, the

10 Secretary shall prepare reports documenting and detailing

11 all expenditures incurred under this Act for the fiscal year

12 ending on September 30 of that same year. Such reports

13 shall contain information adequate for the public to deter14 mine how such funds were used to carry out the purposes

15 of this Act. Copies of such reports shall be submitted to

16 the Committee on Resources of the House of Representa17 tives and the Committee on Energy and Natural Re18 sources of the Senate.

19 ‘‘(g) The Secretary shall periodically conduct a pro20 grammatic audit of the in-river fishery monitoring and en21 forcement programs under this Act and submit a report

22 concerning such audit to the Committee on Resources of

23 the House of Representatives and the Committee on En24 ergy and Natural Resources of the Senate.’’.
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1 (c) AUTHORITY TO SEEK APPROPRIATIONS.—Section

2 4 of such Act, as amended by subsection (b) of this sec3 tion, is further amended by inserting after subsection (h)

4 the following new subsection:

5 ‘‘(i) Beginning in the fiscal year immediately follow6 ing the year the restoration effort is completed and annu7 ally thereafter, the Secretary is authorized to seek appro8 priations as necessary to monitor, evaluate, and maintain

9 program investments and fish and wildlife populations in

10 the Trinity River Basin for the purpose of achieving long11 term fish and wildlife restoration goals.’’.

12 SEC. 6. NO RIGHTS AFFECTED.

13 The Act entitled ‘‘An Act to provide for the restora14 tion of the fish and wildlife in the Trinity River Basin,

15 California, and for other purposes’’, approved October 24,

16 1984 (98 Stat. 2721), as amended, is further amended

17 by inserting at the end thereof the following:

18 ‘‘PRESERVATION OF RIGHTS

19 ‘‘SEC. 5. Nothing in this Act shall be construed as

20 establishing or affecting any past, present, or future rights

21 of any Indian or Indian tribe or any other individual or

22 entity.’’.

23 SEC. 7. SHORT TITLE OF 1984 ACT.

24 The Act entitled ‘‘An Act to provide for the restora25 tion of the fish and wildlife in the Trinity River Basin,

26 California, and for other purposes’’, approved October 24,
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1 1984 (98 Stat. 2721), as amended by section 6 of this

2 Act, is further amended by adding at the end the follow3 ing:

4 ‘‘SHORT TITLE

5 ‘‘SEC. 6. This Act may be cited as the ‘Trinity River

6 Basin Fish and Wildlife Management Act of 1984’.’’.

Passed the House of Representatives December 12,

1995.

Attest: ROBIN H. CARLE,

Clerk.