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 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 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 fish-
eries 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 imple-
ment a management program, in conjunction with other appro-
priate 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
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(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, includ-
ing 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 coordi-
nated with, and conducted with the full knowledge of, the Klamath
River Basin Fisheries Task Force and the Klamath Fishery Manage-
ment Council, as established under Public Law 99–552. The Sec-
retary 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),
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or an Indian tribe, may be reimbursed for such expenses as may
be incurred by reason of their service on the Task Force, as consist-
ent 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 enti-
tled ‘‘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 sub-
sections:
‘‘(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 sup-
plies, 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 ade-
quate 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 Rep-
resentatives 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:
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‘‘(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 mon-
itor, 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.