I 

109TH CONGRESS 

2D SESSION H. R. 5213 

To direct the Secretary of Commerce to provide emergency disaster assistance 

to mitigate the economic losses caused by declining Klamath River salmon and to develop and implement a research and recovery plan for 

Klamath River salmon, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2006 

Mr. THOMPSON of California (for himself, Mr. DEFAZIO, Mr. WU, Ms. 

HOOLEY, Mr. BLUMENAUER, Ms. PELOSI, Mr. GEORGE MILLER of California, Mr. FARR, Mr. COSTA, Ms. WOOLSEY, Mrs. TAUSCHER, Mrs. 

CAPPS, Ms. ESHOO, Mr. LANTOS, Ms. MATSUI, Mr. CARDOZA, Mr. 

HONDA, Mr. WAXMAN, Ms. ROYBAL-ALLARD, Ms. LEE, Mr. STARK, Mr. 

SHERMAN, Mr. BERMAN, Mr. BACA, Ms. LORETTA SANCHEZ of California, Ms. LINDA T. SA ́NCHEZ of California, Ms. SOLIS, Mr. SCHIFF, 

Mr. BECERRA, Ms. HARMAN, Mr. FILNER, Ms. WATERS, Ms. WATSON, 

Ms. ZOE LOFGREN of California, Mrs. DAVIS of California, and Ms. 

MILLENDER-MCDONALD) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Commerce to provide emergency 

disaster assistance to mitigate the economic losses caused 

by declining Klamath River salmon and to develop and 

implement a research and recovery plan for Klamath 

River salmon, and for other purposes. 


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•HR 5213 IH 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. IMPLEMENTATION OF KLAMATH RIVER SALM4 ON PROTECTION MEASURES AND DISASTER 

5 ASSISTANCE. 

6 (a) KLAMATH RIVER FALL CHINOOK AND COHO

7 SALMON PROTECTION MEASURES.— 

8 (1) IN GENERAL.—The Secretary of Commerce 

9 shall develop and implement a coordinated, com10 prehensive research and recovery program for Klam11 ath River Fall Chinook salmon and Klamath River 

12 Fall Coho salmon. 

13 (2) PROGRAM FEATURES.—The program shall 

14 be designed to study or implement— 

15 (A) in-river monitoring of Ceratomyxa 

16 Shasta and Parvicapsula minibicornus, and im17 plementation of any immediate protective meas18 ures against such pathogens; 

19 (B) additional ocean and in-river fisheries 

20 population monitoring; 

21 (C) completion of a recovery plan for Coho 

22 salmon on the Klamath River; 

23 (D) operation and maintenance of stream 

24 gauges for flow monitoring on the Klamath 


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•HR 5213 IH 

1 River and its tributaries, including the Shasta, 

2 Scott, Salmon and Trinity Rivers; 

3 (E) fish passage in the Klamath National 

4 Forest, and Six Rivers National Forest; and 

5 (F) restoration of aquatic habitats in the 

6 Klamath River basin with emphasis on the 

7 Klamath and its tributaries below Iron Gate 

8 Dam. 

9 (3) DEADLINE FOR ISSUANCE OF RECOVERY

10 PLAN.—The Secretary shall issue a recovery plan for 

11 Coho salmon on the Klamath River for purposes of 

12 paragraph (2)(C) by not later than 6 months after 

13 the date of the enactment of this Act. 

14 (4) APPROPRIATION.— 

15 (A) IN GENERAL.—To implement out the 

16 program developed under this subsection, there 

17 is appropriated to the Secretary of Commerce 

18 $45,000,000, which shall remain available until 

19 expended. 

20 (B) LIMITATION ON USE OF FUNDS.— 

21 None of the amounts appropriated under this 

22 paragraph may be distributed before the date 

23 the Secretary issues a salmon recovery plan 

24 under paragraph (3). 

25 (b) EMERGENCY DISASTER ASSISTANCE.— 


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•HR 5213 IH 

1 (1) AUTHORIZATION OF PAYMENT.—The Sec2 retary of Commerce shall make a direct payment to 

3 the Pacific States Marine Fisheries Commission to 

4 distribute to fishing communities, Indian tribes, 

5 businesses, holders of community development 

6 quotas issued under the Magnuson-Stevens Fishery 

7 Conservation and Management Act, individuals, and 

8 other entities as emergency disaster assistance to 

9 mitigate the economic losses caused by declining 

10 Klamath River Fall Chinook salmon. 

11 (2) PAYMENT RECIPIENT REPORTS.—The Sec12 retary of Commerce shall require that the Pacific 

13 States Marine Fisheries Commission shall, within 6 

14 months after receiving a payment under this sub15 section, submit to the Secretary of Commerce and 

16 the Committee on Appropriations of the House of 

17 Representatives and the Senate a report describing 

18 the persons to whom the payment was distributed 

19 and the rationale for such distributions. 

20 (3) EXCLUSION OF PAYMENTS FROM GROSS IN21 COME.—For purposes of the Internal Revenue Code 

22 of 1986— 

23 (A) EXCLUSION.—Gross income shall not 

24 include any amount received as a payment or 

25 distribution under paragraph (1). 


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•HR 5213 IH 

1 (B) DENIAL OF DOUBLE BENEFIT.—Rules 

2 similar to the rules of subsections (g)(3) and 

3 (h) of section 139 of such Code shall apply with 

4 respect to any amount excluded under subpara5 graph (A). 

6 (4) APPROPRIATION.—There is appropriated to 

7 the Secretary of Commerce $81,000,000 to make 

8 payments under this subsection. Any amount appro9 priated pursuant to this subsection that is not used 

10 or otherwise obligated shall be returned to the fund 

11 of the Treasury. 

12 (c) REPORTS BY SECRETARIES.—Not later than one 

13 year after the date of the enactment of this Act, and annu14 ally thereafter, the Secretary of Commerce shall report to 

15 the Congress on progress in implementing subsection (a) 

16 and specifically note how projects under subsection (a) 

17 have increased water quantity, improved water quality, in18 creased salmon populations, and specifically benefited 

19 salmon spawning habitat. 

Æ 


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