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[104th Congress Public Law 143]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ143.104]

[[Page 1337]]

TRINITY RIVER BASIN FISH AND WILDLIFE MANAGEMENT REAUTHORIZATION ACT OF 
                                  1995

[[Page 110 STAT. 1338]]

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. <<NOTE: May 15, 1996 -  [H.R. 2243]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Trinity River 
Basin Fish and Wildlife Management Reauthorization Act of 
1995. California.>> 

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

[[Page 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),

[[Page 110 STAT. 1340]]

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:

[[Page 110 STAT. 1341]]

    ``(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. <<NOTE: Trinity River Basin Fish and Wildlife Management 
Act of 1984.>>  This Act may be cited as the `Trinity River Basin Fish 
and Wildlife Management Act of 1984'.''.

    Approved May 15, 1996.

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.

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