Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995
PL 104-143 (H.R.2243), enacted 05/15/1996

110 STAT. 1338 
PUBLIC LAW 104-143—MAY 15, 1996 
Public Law 104-143 
104th Congress 
An Act 
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'^° amend the Trinity River Basin Fish and Wildlife Management Act of 1984, 
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to extend for three years the availability of moneys for the restoration of fish 
[H.R. 2243] 
and wildlife in the Trinity River, and for otiier purposes. 
Be it enacted by the Senate and House of Representatives of 
Trinity River 
the United States of America in Congress assembled. 
Basin Fish and 
Wildlife 
SECTION 1. SHORT TITLE. 
Management 
Reauthorization 
This Act may be cited as the "Trinity River Basin Fish and 
Act of 1995. 
Wildlife Management Reauthorization Act of 1995". 
California. 
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 Bsisin 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 
PUBLIC LAW 104-143—MAY 15, 1996 
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, 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. ADDITIGNS 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). 
110 STAT. 1340 
PUBLIC LAW 104-143—MAY 15, 1996 
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 appHcable 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: 
PUBLIC LAW 104-143—MAY 15, 1996 
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 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 MGHTS AFFECTED. 
The Act entitled "iVn 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 "^^ 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 Trinity River 
Fish and Wildlife Management Act of 1984'.". 
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Wildlife 
Management Act 
Approved May 15, 1996. 
of 1984. 
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.