I

104TH CONGRESS

1ST SESSION H. R. 2243

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.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

Mr. RIGGS (for himself and Mr. HERGER) introduced the following bill; which

was referred to the Committee on Resources

A BILL

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,

3 SECTION 1. SHORT TITLE.

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

5 Fish and Wildlife Management Reauthorization Act of

6 1995’’.
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1 SEC. 2. CLARIFICATION OF FINDINGS.

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

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

4 Basin, California, and for other purposes’’, approved Octo5 ber 24, 1984 (98 Stat. 2721), is amended—

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

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

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

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

10 measured not only by returning adult anadromous

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

12 commercial, and sport fisheries to participate fully,

13 through enhanced in-river and ocean harvest oppor14 tunities, in the benefits of restoration;’’; and

15 (3) by amending paragraph (7), as so redesig16 nated, to read as follows:

17 ‘‘(7) the Secretary requires additional authority

18 to implement a management program in order to

19 achieve the long-term goals of both restoring total

20 ocean populations of adult salmon, steelhead, and

21 other anadromous fish, and resuming commercial

22 and sport fishing activities at the ports between Fort

23 Bragg, California and Brookings, Oregon, at levels

24 approximating those which existed immediately be25 fore the start of the construction of the Trinity

26 River division.’’.
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1 SEC. 3. CHANGES TO MANAGEMENT PROGRAM.

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

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

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

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

6 2722), is amended in the matter preceding paragraph (1)

7 by striking ‘‘in such basin’’ and inserting ‘‘in such basin

8 and in the ocean’’.

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

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

11 amended by striking ‘‘Weitchpec;’’ and inserting

12 ‘‘Weitchpec and in the Klamath River downstream of the

13 confluence with the Trinity River;’’.

14 (c) TRINITY RIVER FISH HATCHERY.—Paragraph

15 (1)(C) of such section (98 Stat. 2722) is amended by in16 serting before the period the following: ‘‘, so that it can

17 best serve its purpose of mitigation of fish habitat loss

18 above Lewiston Dam while not impairing efforts to restore

19 and maintain naturally reproducing fish stocks within the

20 basin.’’.

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

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

23 and inserting ‘‘tribes’’.
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1 SEC. 4. ALTERNATIVES FOR ENHANCING HARVEST OPPOR2 TUNITIES.

3 Section 2(b) of the Act entitled ‘‘An Act to provide

4 for the restoration of the fish and wildlife in the Trinity

5 River Basin, California, and for other purposes’’, approved

6 October 24, 1984 (98 Stat. 2722), is further amended by

7 inserting at the end thereof the following:

8 ‘‘(4) In implementing the management program pur9 suant to subsection (a), the Secretary shall give priority

10 attention to exploring the following strategies to further

11 enhance the harvest opportunities of anadromous fish:

12 ‘‘(A) Use of biologically sound methods to in13 crease the harvestable surplus of Klamath/Trinity

14 chinook by augmenting mitigation hatchery releases

15 with supplemental hatchery production, including

16 hatchery practices which optimize survival to adult17 hood of supplementation releases.

18 ‘‘(B) Design of time and area opportunities in

19 the ocean fisheries of the Klamath Management

20 Zone which focus impacts on relatively robust stocks

21 while limit impacts to sensitive stocks.

22 ‘‘(C) Development of processes which allow fish23 eries to selectively harvest hatchery produced fish

24 while releasing unmarked, natural fish.’’.
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1 SEC. 5. ADDITIONS TO TASK FORCE.

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

3 ‘‘An Act to provide for the restoration of the fish and wild4 life in the Trinity River Basin, California, and for other

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

6 is amended—

7 (1) by striking ‘‘fourteen’’ and inserting ‘‘twen8 ty-four’’; and

9 (2) by inserting after paragraph (14) the fol10 lowing:

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

12 Yurok Tribe.

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

14 Karuk Tribe.

15 ‘‘(17) One individual to represent commercial

16 fishing interests, to be appointed by the Secretary

17 after consultation with the Board of Directors of the

18 Pacific Coast Federation of Fishermen’s Associa19 tions.

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

21 interests, to be appointed by the Secretary after con22 sultation with the Board of Directors of the Califor23 nia Advisory Committee on Salmon and Steelhead

24 Trout.
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1 ‘‘(19) One individual to be appointed by the

2 Secretary, in consultation with the Secretary of Ag3 riculture, to represent the timber industry.

4 ‘‘(20) One individual to be appointed by the

5 Secretary to represent environmental interests.

6 ‘‘(21) One individual to be appointed by the

7 Secretary, in consultation with the Secretary of Ag8 riculture, to represent agricultural interests.

9 ‘‘(22) One individual to be appointed by the

10 Secretary, in consultation with the California Urban

11 Water Coalition, to represent urban water interests.

12 ‘‘(23) One individual to be appointed by the

13 Secretary, in consultation with the Secretary of En14 ergy, to represent power customers of the Central

15 Valley Project.

16 ‘‘(24) One individual to be appointed by the Ad17 ministrator of the Western Area Power Administra18 tion to represent the Western Area Power Adminis19 tration.’’.

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

21 2722) is further amended by adding at the end thereof

22 the following new subsection:

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

24 Klamath River from Weitchpec downstream to the Pacific

25 Ocean shall be coordinated with, and conducted with the
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1 full knowledge of, the Klamath River Basin Fisheries Task

2 Force and the Klamath Fishery Management Council, as

3 established under Public Law 99–552. The Secretary shall

4 appoint a designated representative to ensure such coordi5 nation and the exchange of information between the Trin6 ity River Task Force and these two entities.’’.

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

8 (98 Stat. 2723) is amended by adding at the end the fol9 lowing: ‘‘Members of the Task Force who are not full-time

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

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

12 tribe, may be reimbursed for such expenses as may be in13 curred by reason of their service on the Task Force, as

14 consistent with applicable laws and regulations.’’.

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

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

17 by the Trinity River Basin Fish and Wildlife Task Force

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

19 of this Act.

20 SEC. 6. APPROPRIATIONS.

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

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

23 of the fish and wildlife in the Trinity River Basin, Califor24 nia, and for other purposes’’, approved October 24, 1984

25 (98 Stat. 2723), 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 annually prepare reports documenting and

11 detailing all expenditures incurred under this Act for the

12 fiscal year ending on September 30 of that same year.

13 Such reports shall contain information adequate for the

14 public to determine how such funds were used to carry

15 out the purposes of this Act. Copies of such reports shall

16 be submitted to the Committee on Resources of the House

17 of Representatives and the Committee on Energy and

18 Natural Resources of the Senate.

19 ‘‘(g) The Inspector General of the Department of the

20 Interior shall periodically conduct a programmatic audit

21 of the in-river fishery monitoring and enforcement pro22 grams under this Act and submit a report concerning such

23 audit to the Committee on Resources of the House of Rep24 resentatives and the Committee on Energy and Natural

25 Resources of the Senate.’’.
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1 SEC. 7. NO RIGHTS AFFECTED.

2 The Act entitled ‘‘An Act to provide for the restora3 tion of the fish and wildlife in the Trinity River Basin,

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

5 1984 (98 Stat. 2721), is further amended by inserting at

6 the end thereof the following:

7 ‘‘PRESERVATION OF RIGHTS

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

9 establishing or affecting any past or present rights of any

10 Indian or Indian tribe or any other individual or entity.’’.

11 SEC. 8. SHORT TITLE OF 1984 ACT.

12 The Act entitled ‘‘An Act to provide for the restora13 tion of the fish and wildlife in the Trinity River Basin,

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

15 1984 (98 Stat. 2721), as amended by section 7 of this

16 Act, is further amended by adding at the end the follow17 ing:

18 ‘‘SHORT TITLE

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

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

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