PUBLIC LAW 104–143—MAY 15, 1996

TRINITY RIVER BASIN FISH AND WILDLIFE

MANAGEMENT REAUTHORIZATION ACT OF

1995
110 STAT. 1338 PUBLIC LAW 104–143—MAY 15, 1996

Public Law 104–143

104th Congress

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

Trinity River

Basin Fish and

Wildlife

Management

Reauthorization

Act of 1995.

California.

May 15, 1996

[H.R. 2243]
PUBLIC LAW 104–143—MAY 15, 1996 110 STAT. 1339

(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),
110 STAT. 1340 PUBLIC LAW 104–143—MAY 15, 1996

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:
PUBLIC LAW 104–143—MAY 15, 1996 110 STAT. 1341

LEGISLATIVE HISTORY—H.R. 2243:

HOUSE REPORTS: No. 104–395 (Comm. on Resources).

SENATE REPORTS: No. 104–253 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Dec. 12, considered and passed House.

Vol. 142 (1996): May 3, considered and passed Senate.

Æ

‘‘(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’.’’.

Approved May 15, 1996.

Trinity River

Basin Fish and

Wildlife

Management Act

of 1984.