II
Calendar No. 367
104TH CONGRESS
2D SESSION
H. R. 2243
[Report No. 104–253]
IN THE SENATE OF THE UNITED STATES
DECEMBER 13, 1995
Received; read twice and referred to the Committee on Environment and
Public Works
APRIL 16, 1996
Reported by Mr. CHAFEE, without amendment
AN ACT
To amend the Trinity River Basin Fish and Wildlife Manage-
ment Act of 1984, to extend for three years the availabil-
ity 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 Representa-
tives of the United States of America in Congress assembled,
HR 2243 RS
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 Octo-
ber 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 oppor-
tunities, in the benefits of restoration;’’; and
(3) by amending paragraph (7), as so redesig-
nated, to read as follows:
‘‘(7) the Secretary requires additional authority
to implement a management program, in conjunc-
tion with other appropriate agencies, to achieve the
long-term goals of restoring fish and wildlife popu-
lations in the Trinity River Basin, and, to the extent
these restored populations will contribute to ocean
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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
(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 pro-
gram is intended to aid in the resumption of
commercial, including ocean harvest, and rec-
reational 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
HR 2243 RS
‘‘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 in-
serting 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 wild-
life 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 ‘‘nine-
teen’’;
(2) by striking ‘‘United States Soil Conserva-
tion Service’’ in paragraph (10) and inserting ‘‘Nat-
ural Resources Soil and Conservation Service’’; and
(3) by inserting after paragraph (14) the fol-
lowing:
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‘‘(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 Associa-
tions.
‘‘(18) One individual to represent sport fishing
interests, to be appointed by the Secretary after con-
sultation with the Board of Directors of the Califor-
nia Advisory Committee on Salmon and Steelhead
Trout.
‘‘(19) One individual to be appointed by the
Secretary, in consultation with the Secretary of Ag-
riculture, 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
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established under Public Law 99–552. The Secretary shall
appoint a designated representative to ensure such coordi-
nation and the exchange of information between the Trin-
ity 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 fol-
lowing: ‘‘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), or an Indian
tribe, may be reimbursed for such expenses as may be in-
curred 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, Califor-
nia, and for other purposes’’, approved October 24, 1984
(98 Stat. 2723), as amended, is amended—
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(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
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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.’’.
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(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,
HR 2243 RS
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:
ROBIN H. CARLE,
Clerk.