Union Calendar No. 201

104TH CONGRESS

1ST SESSION H. R. 2243

[Report No. 104–395]

A BILL

To amend the Trinity River Basin Fish and Wildfor other purposes. tion of fish and wildlife in the Trinity River, and years the availability of moneys for the restora- life Management Act of 1984, to extend for three

DECEMBER 11, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 201

104TH CONGRESS

1ST SESSION H. R. 2243

[Report No. 104–395]

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

DECEMBER 11, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 4, 1995]

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,
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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 opportu18 nities, 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 conjunction

23 with other appropriate agencies, to achieve the long24 term goals of restoring fish and wildlife populations

25 in the Trinity River Basin, and, to the extent these

26 restored populations will contribute to ocean popu-
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1 lations of adult salmon, steelhead, and other anad2 romous fish, such management program will aid in

3 the resumption of commercial, including ocean har4 vest, and recreational fishing activities.’’.

5 SEC. 3. CHANGES TO MANAGEMENT PROGRAM.

6 (a) OCEAN FISH LEVELS.—Section 2(a) of the Act en7 titled ‘‘An Act to provide for the restoration of the fish and

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

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

10 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,’’ after

14 ‘‘Secretary’’; and

15 (B) by adding the following after ‘‘such lev16 els.’’: ‘‘To the extent these restored fish and wild17 life populations will contribute to ocean popu18 lations of adult salmon, steelhead, and other

19 anadromous fish, such management program is

20 intended to aid in the resumption of commercial,

21 including ocean harvest, and recreational fishing

22 activities.’’.

23 (b) FISH HABITATS IN THE KLAMATH RIVER.—Para24 graph (1)(A) of such section (98 Stat. 2722) is amended

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

2 Trinity River;’’.

3 (c) TRINITY RIVER FISH HATCHERY.—Paragraph

4 (1)(C) of such section (98 Stat. 2722) is amended by insert5 ing before the period the following: ‘‘, so that it can best

6 serve its purpose of mitigation of fish habitat loss above

7 Lewiston Dam while not impairing efforts to restore and

8 maintain naturally reproducing anadromous fish stocks

9 within the basin’’.

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

11 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 ‘‘An

15 Act to provide for the restoration of the fish and wildlife

16 in the Trinity River Basin, California, and for other pur17 poses’’, approved October 24, 1984 (98 Stat. 2722), as

18 amended, is amended—

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

21 (2) by striking ‘‘United States Soil Conservation

22 Service’’ in paragraph (10) and inserting ‘‘Natural

23 Resources Soil and Conservation Service’’; and

24 (3) by inserting after paragraph (14) the follow25 ing:
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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 Associations.

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

10 interests, to be appointed by the Secretary after con11 sultation with the Board of Directors of the Califor12 nia Advisory Committee on Salmon and Steelhead

13 Trout.

14 ‘‘(19) One individual to be appointed by the Sec15 retary, in consultation with the Secretary of Agri16 culture, to represent the timber industry.’’.

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

18 2722) is further amended by adding at the end thereof the

19 following new subsection:

20 ‘‘(d) Task Force actions or management on the Klam21 ath River from Weitchpec downstream to the Pacific Ocean

22 shall be coordinated with, and conducted with the full

23 knowledge of, the Klamath River Basin Fisheries Task

24 Force and the Klamath Fishery Management Council, as

25 established under Public Law 99–552. The Secretary shall
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1 appoint a designated representative to ensure such coordi2 nation and the exchange of information between the Trinity

3 River Task Force and these two entities.’’.

4 (c) REIMBURSEMENT.—Section 3(c)(2) of such Act (98

5 Stat. 2723) is amended by adding at the end the following:

6 ‘‘Members of the Task Force who are not full-time officers

7 or employees of the United States, the State of California

8 (or a political subdivision thereof), or an Indian tribe, may

9 be reimbursed for such expenses as may be incurred by rea10 son of their service on the Task Force, as consistent with

11 applicable laws and regulations.’’.

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

13 subsection (a) shall apply with respect to actions taken by

14 the Trinity River Basin Fish and Wildlife Task Force on

15 and after 120 days after the date of the enactment of this

16 Act.

17 SEC. 5. APPROPRIATIONS.

18 (a) EXTENSION OF AUTHORIZATION.—Section 4(a) of

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

20 the fish and wildlife in the Trinity River Basin, California,

21 and for other purposes’’, approved October 24, 1984 (98

22 Stat. 2723), as amended, is amended—

23 (1) in paragraph (1), by striking ‘‘October 1,

24 1995’’ and inserting in lieu thereof ‘‘October 1, 1998’’;

25 and
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1 (2) in paragraph (2), by striking ‘‘ten-year’’ and

2 inserting in lieu thereof ‘‘13-year’’.

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

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

5 2724) is amended—

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

7 (h); and

8 (2) by inserting after subsection (c) the following

9 new subsections:

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

11 services as payment for obligations incurred under sub12 section (b)(1).

13 ‘‘(e) Not more than 20 percent of the amounts appro14 priated under subsection (a) may be used for overhead and

15 indirect costs. For the purposes of this subsection, the term

16 ‘overhead and indirect costs’ means costs incurred in sup17 port of accomplishing specific work activities and jobs. Such

18 costs are primarily administrative in nature and are such

19 that they cannot be practically identified and charged di20 rectly to a project or activity and must be distributed to

21 all jobs on an equitable basis. Such costs include compensa22 tion for administrative staff, general staff training, rent,

23 travel expenses, communications, utility charges, mis24 cellaneous materials and supplies, janitorial services, depre25 ciation and replacement expenses on capitalized equipment.
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1 Such costs do not include inspection and design of construc2 tion projects and environmental compliance activities, in3 cluding (but not limited to) preparation of documents in

4 compliance with the National Environmental Policy Act of

5 1969.

6 ‘‘(f) Not later than December 31 of each year, the Sec7 retary shall prepare reports documenting and detailing all

8 expenditures incurred under this Act for the fiscal year end9 ing on September 30 of that same year. Such reports shall

10 contain information adequate for the public to determine

11 how such funds were used to carry out the purposes of this

12 Act. Copies of such reports shall be submitted to the Com13 mittee on Resources of the House of Representatives and the

14 Committee on Energy and Natural Resources of the Senate.

15 ‘‘(g) The Secretary shall periodically conduct a pro16 grammatic audit of the in-river fishery monitoring and en17 forcement programs under this Act and submit a report

18 concerning such audit to the Committee on Resources of the

19 House of Representatives and the Committee on Energy and

20 Natural Resources of the Senate.’’.

21 (c) AUTHORITY TO SEEK APPROPRIATIONS.—Section

22 4 of such Act, as amended by subsection (b) of this section,

23 is further amended by inserting after subsection (h) the fol24 lowing new subsection:
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1 ‘‘(i) Beginning in the fiscal year immediately follow2 ing the year the restoration effort is completed and annu3 ally thereafter, the Secretary is authorized to seek appro4 priations as necessary to monitor, evaluate, and maintain

5 program investments and fish and wildlife populations in

6 the Trinity River Basin for the purpose of achieving long7 term fish and wildlife restoration goals.’’.

8 SEC. 6. NO RIGHTS AFFECTED.

9 The Act entitled ‘‘An Act to provide for the restoration

10 of the fish and wildlife in the Trinity River Basin, Califor11 nia, and for other purposes’’, approved October 24, 1984

12 (98 Stat. 2721), as amended, is further amended by insert13 ing at the end thereof the following:

14 ‘‘PRESERVATION OF RIGHTS

15 ‘‘SEC. 5. Nothing in this Act shall be construed as es16 tablishing or affecting any past, present, or future rights

17 of any Indian or Indian tribe or any other individual or

18 entity.’’.

19 SEC. 7. SHORT TITLE OF 1984 ACT.

20 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. 2721), as amended by section 6 of this Act, is

24 further amended by adding at the end the following:
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1 ‘‘SHORT TITLE

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

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