(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 follow-
ing new subsections:
‘‘(d) The Secretary is authorized to accept in-kind
services as payment for obligations incurred under sub-
section (b)(1).
‘‘(e) Not more than 20 percent of the amounts appro-
priated 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 dis-
tributed to all jobs on an equitable basis. Such costs in-
clude compensation for administrative staff, general staff
training, rent, travel expenses, communications, utility
charges, miscellaneous materials and supplies, janitorial
services, depreciation and replacement expenses on cap-
italized equipment. Such costs do not include inspection
and design of construction projects and environmental
compliance activities, including (but not limited to) prepa-
ration of documents in compliance with the National Envi-
ronmental 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 deter-
mine 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 Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate.
‘‘(g) The Secretary shall periodically conduct a pro-
grammatic audit of the in-river fishery monitoring and en-
forcement 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 En-
ergy and Natural Resources of the Senate.’’.
(c) AUTHORITY TO SEEK APPROPRIATIONS.—Section
4 of such Act, as amended by subsection (b) of this sec-
tion, is further amended by inserting after subsection (h)
the following new subsection:
‘‘(i) Beginning in the fiscal year immediately follow-
ing the year the restoration effort is completed and annu-
ally thereafter, the Secretary is authorized to seek appro-
priations 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 restora-
tion 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 restora-
tion 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 follow-
ing:
‘‘SHORT TITLE
‘‘SEC. 6. This Act may be cited as the ‘Trinity River
Basin Fish and Wildlife Management Act of 1984’.’’.
Passed the House of Representatives December 12,
1995.
Attest:
Clerk.