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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2243 Enrolled Bill (ENR)]

        H.R.2243

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trinity River Basin Fish and 
Wildlife Management Reauthorization Act of 1995''.

SEC. 2. CLARIFICATION OF FINDINGS.

    Section 1 of the Act entitled ``An Act to provide for the 
restoration of the fish and wildlife in the Trinity River Basin, 
California, and for other purposes'', approved October 24, 1984 (98 
Stat. 2721), as amended, is amended--
        (1) by redesignating paragraphs (5) and (6) as paragraphs (6) 
    and (7), respectively;
        (2) by adding after paragraph (4) the following:
        ``(5) Trinity Basin fisheries restoration is to be measured not 
    only by returning adult anadromous fish spawners, but by the 
    ability of dependent tribal, commercial, and sport fisheries to 
    participate fully, through enhanced in-river and ocean harvest 
    opportunities, in the benefits of restoration;''; and
        (3) by amending paragraph (7), as so redesignated, to read as 
    follows:
        ``(7) the Secretary requires additional authority to implement 
    a management program, in conjunction with other appropriate 
    agencies, to achieve the long-term goals of restoring fish and 
    wildlife populations in the Trinity River Basin, and, to the extent 
    these restored populations will contribute to ocean populations of 
    adult salmon, steelhead, and other anadromous fish, such management 
    program will aid in the resumption of commercial, including ocean 
    harvest, and recreational fishing activities.''.

SEC. 3. CHANGES TO MANAGEMENT PROGRAM.

    (a) Ocean Fish Levels.--Section 2(a) of the Act entitled ``An Act 
to provide for the restoration of the fish and wildlife in the Trinity 
River Basin, California, and for other purposes'', approved October 24, 
1984 (98 Stat. 2722), as amended, is amended--
        (1) in the matter preceding paragraph (1)--
            (A) by inserting ``, in consultation with the Secretary of 
        Commerce where appropriate,'' after ``Secretary''; and
            (B) by adding the following after ``such levels.'': ``To 
        the extent these restored fish and wildlife populations will 
        contribute to ocean populations of adult salmon, steelhead, and 
        other anadromous fish, such management program is intended to 
        aid in the resumption of commercial, including ocean harvest, 
        and recreational fishing activities.''.
    (b) Fish Habitats in the Klamath River.--Paragraph (1)(A) of such 
section (98 Stat. 2722) is amended by striking ``Weitchpec;'' and 
inserting ``Weitchpec and in the Klamath River downstream of the 
confluence with the Trinity River;''.
    (c) Trinity River Fish Hatchery.--Paragraph (1)(C) of such section 
(98 Stat. 2722) is amended by inserting before the period the 
following: ``, so that it can best serve its purpose of mitigation of 
fish habitat loss above Lewiston Dam while not impairing efforts to 
restore and maintain naturally reproducing anadromous fish stocks 
within the basin''.
    (d) Addition of Indian Tribes.--Section 2(b)(2) of such Act (98 
Stat. 2722) is amended by striking ``tribe'' and inserting ``tribes''.

SEC. 4. ADDITIONS TO TASK FORCE.

    (a) In General.--Section 3(a) of the Act entitled ``An Act to 
provide for the restoration of the fish and wildlife in the Trinity 
River Basin, California, and for other purposes'', approved October 24, 
1984 (98 Stat. 2722), as amended, is amended--
        (1) by striking ``fourteen'' and inserting ``nineteen'';
        (2) by striking ``United States Soil Conservation Service'' in 
    paragraph (10) and inserting ``Natural Resources Soil and 
    Conservation Service''; and
        (3) by inserting after paragraph (14) the following:
        ``(15) One individual to be appointed by the Yurok Tribe.
        ``(16) One individual to be appointed by the Karuk Tribe.
        ``(17) One individual to represent commercial fishing 
    interests, to be appointed by the Secretary after consultation with 
    the Board of Directors of the Pacific Coast Federation of 
    Fishermen's Associations.
        ``(18) One individual to represent sport fishing interests, to 
    be appointed by the Secretary after consultation with the Board of 
    Directors of the California Advisory Committee on Salmon and 
    Steelhead Trout.
        ``(19) One individual to be appointed by the Secretary, in 
    consultation with the Secretary of Agriculture, to represent the 
    timber industry.''.
    (b) Coordination.--Section 3 of such Act (98 Stat. 2722) is further 
amended by adding at the end thereof the following new subsection:
    ``(d) Task Force actions or management on the Klamath River from 
Weitchpec downstream to the Pacific Ocean shall be coordinated with, 
and conducted with the full knowledge of, the Klamath River Basin 
Fisheries Task Force and the Klamath Fishery Management Council, as 
established under Public Law 99-552. The Secretary shall appoint a 
designated representative to ensure such coordination and the exchange 
of information between the Trinity River Task Force and these two 
entities.''.
    (c) Reimbursement.--Section 3(c)(2) of such Act (98 Stat. 2723) is 
amended by adding at the end the following: ``Members of the Task Force 
who are not full-time officers or employees of the United States, the 
State of California (or a political subdivision thereof), or an Indian 
tribe, may be reimbursed for such expenses as may be incurred by reason 
of their service on the Task Force, as consistent with applicable laws 
and regulations.''.
    (d) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to actions taken by the Trinity River Basin Fish and 
Wildlife Task Force on and after 120 days after the date of the 
enactment of this Act.

SEC. 5. APPROPRIATIONS.

    (a) Extension of Authorization.--Section 4(a) of the Act entitled 
``An Act to provide for the restoration of the fish and wildlife in the 
Trinity River Basin, California, and for other purposes'', approved 
October 24, 1984 (98 Stat. 2723), as amended, is amended--
        (1) in paragraph (1), by striking ``October 1, 1995'' and 
    inserting in lieu thereof ``October 1, 1998''; and
        (2) in paragraph (2), by striking ``ten-year'' and inserting in 
    lieu thereof ``13-year''.
    (b) In-Kind Services; Overhead; and Financial and Audit Reports.--
Section 4 of such Act (98 Stat. 2724) is amended--
        (1) by designating subsection (d) as subsection (h); and
        (2) by inserting after subsection (c) the following new 
    subsections:
    ``(d) The Secretary is authorized to accept in-kind services as 
payment for obligations incurred under subsection (b)(1).
    ``(e) Not more than 20 percent of the amounts appropriated under 
subsection (a) may be used for overhead and indirect costs. For the 
purposes of this subsection, the term `overhead and indirect costs' 
means costs incurred in support of accomplishing specific work 
activities and jobs. Such costs are primarily administrative in nature 
and are such that they cannot be practically identified and charged 
directly to a project or activity and must be distributed to all jobs 
on an equitable basis. Such costs include compensation for 
administrative staff, general staff training, rent, travel expenses, 
communications, utility charges, miscellaneous materials and supplies, 
janitorial services, depreciation and replacement expenses on 
capitalized equipment. Such costs do not include inspection and design 
of construction projects and environmental compliance activities, 
including (but not limited to) preparation of documents in compliance 
with the National Environmental Policy Act of 1969.
    ``(f) Not later than December 31 of each year, the Secretary shall 
prepare reports documenting and detailing all expenditures incurred 
under this Act for the fiscal year ending on September 30 of that same 
year. Such reports shall contain information adequate for the public to 
determine how such funds were used to carry out the purposes of this 
Act. Copies of such reports shall be submitted to the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate.
    ``(g) The Secretary shall periodically conduct a programmatic audit 
of the in-river fishery monitoring and enforcement programs under this 
Act and submit a report concerning such audit to the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate.''.
    (c) Authority To Seek Appropriations.--Section 4 of such Act, as 
amended by subsection (b) of this section, is further amended by 
inserting after subsection (h) the following new subsection:
    ``(i) Beginning in the fiscal year immediately following the year 
the restoration effort is completed and annually thereafter, the 
Secretary is authorized to seek appropriations as necessary to monitor, 
evaluate, and maintain program investments and fish and wildlife 
populations in the Trinity River Basin for the purpose of achieving 
long-term fish and wildlife restoration goals.''.

SEC. 6. NO RIGHTS AFFECTED.

    The Act entitled ``An Act to provide for the restoration of the 
fish and wildlife in the Trinity River Basin, California, and for other 
purposes'', approved October 24, 1984 (98 Stat. 2721), as amended, is 
further amended by inserting at the end thereof the following:

                         ``preservation of rights

    ``Sec. 5. Nothing in this Act shall be construed as establishing or 
affecting any past, present, or future rights of any Indian or Indian 
tribe or any other individual or entity.''.

SEC. 7. SHORT TITLE OF 1984 ACT.

    The Act entitled ``An Act to provide for the restoration of the 
fish and wildlife in the Trinity River Basin, California, and for other 
purposes'', approved October 24, 1984 (98 Stat. 2721), as amended by 
section 6 of this Act, is further amended by adding at the end the 
following:

                              ``short title

    ``Sec. 6. This Act may be cited as the `Trinity River Basin Fish 
and Wildlife Management Act of 1984'.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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