A bill to provide for the restoration of the fish and wildlife in the Klamath and Trinity River Basins, and for other purposes.
PL 99-552 (H.R.4712), enacted 10/27/1986

100 STAT. 3080 
PUBLIC LAW 99-552—OCT. 27, 1986 
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Public Law 99-552 
99th Congress 
An Act 
Oct. 27, 1986 
To provide for the restoration of the fishery resources in the Klamath River Basin, 
[H.R. 4712] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
16 u s e 460ss. 
SECTION 1. FINDINGS. 
The Congress finds that— 
(1) the Klamath and Trinity Rivers have been placed under 
the California and National Wild and Scenic Rivers Systems to 
protect their outstanding anadromous fishery values; 
(2) the Klamath and Trinity Rivers provide fishery resources 
necessary for Indian subsistence and ceremonial purposes, 
ocean commercial harvest, recreational fishing, and the eco-
nomic health of many local communities; 
(3) floods, the construction and operation of dams, diversions 
and hydroelectric projects, past mining, timber harvest prac-
tices, and roadbuilding have all contributed to sedimentation, 
reduced flows, and degraded water quality which has signifi-
cantly reduced the anadromous fish habitat in the Klamath-
Trinity River System; 
(4) overlapping Federal, State, and local jurisdictions, inad-
equate enforcement of fishery harvest regulations, and ineffec-
tive fishery management have historically hampered fishery 
conservation efforts and prevented the Federal Government and 
the State of California from fulfilling their responsibilities to 
protect the rivers' anadromous fishery values; 
(5) the Klamath-Trinity fall chinook salmon populations have 
declined by 80 percent from historic levels and steelhead trout 
have also undergone significant reductions; 
(6) Klamath River Basin Fisheries Resource Plan has been 
developed by the Secretary acting through the Bureau of Indian 
Affairs; 
(7) the Klamath Salmon Management Group, a group of 
agencies with fishery management responsibility, has estab-
lished, in cooperation with the users of the Klamath-Trinity 
River Basin fishery resources, a sound framework for the future 
coordination of fishery harvest management; 
(8) a new Klamath-Trinity River Basin Management author-
ity, composed of the Klamath Salmon Management Group and 
representatives of users of the fishery resources of the Klamath-
Trinity River Basin, is needed to ensure more effective long-
term coordination of the Klamath-Trinity River fisheries under 
sound conservation and management principles that ensure 
adequate spawning escapement; and 
(9) the Secretary has the authority to implement a restoration 
program only in the Trinity River Basin and needs additional 
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authority to implement a restoration program in cooperation 
with State and local governments to restore anadromous fish 
PUBLIC LAW 99-552—OCT. 27, 1986 
100 STAT. 3081 
populations to optimum levels in both the Klamath and Trinity 
River Basins; 
SEC. 2. KLAMATH RIVER BASIN CONSERVATION AREA; FISHERY RE-
SOURCES RESTORATION PROGRAM. 
(a) 
ESTABUSHMENT OF 
K L A M A T H 
R I V E R 
B A S I N 
CONSERVATION 
AREA.—The Secretary shall designate the anadromous fish habitats 
and resources of the Klamath River basin as the Klamath River 
Basin Conservation Area (hereafter in this Act referred to as the 
"Area"). 
(b) KLAMATH RIVER BASIN CONSERVATION AREA RESTORATION 
PROGRAM.— 
(1) EsTABUSHMENT.—The Secretary shall, in consultation with 
the task force established under section 4, formulate, establish, 
and implement a 20-year program to restore the anadromous 
fish populations of the Area to optimum levels and to maintain 
such levels. The program shall be based on the Klamath River 
Basin Fisheries Resource Plan referred to in section 1(6) and 
shall be known as the Klamath River Basin Conservation Area 
Restoration Program. 
(2) PROGRAM ACTIVITIES.—In carrying out the objectives of the 
program, the Secretary, in cooperation with the task force 
established under section 4, shall— 
(A) monitor and coordinate research evaluating the Area 
anadromous fish populations and administer and evaluate 
the success of activities described in subparagraph (B); and 
(B) take such actions as are necessary to— 
(i) improve and restore Area habitats, and to promote 
access to blocked Area habitats, to support increased 
run sizes; 
(ii) rehabilitate problem watersheds in the Area to 
reduce negative impacts on fish and fish habitats; 
(iii) improve existing Area hatcheries and rearing 
ponds to assist in rebuilding the natural populations; 
(iv) implement an intensive, short-term stocking pro-
gram to rebuild run sizes while maintaining the genetic 
integrity and diversity of Area subbasin stocks; and 
(v) improve upstream and downstream migration by 
removal of obstacles to fish passage and the provision 
of facilities for avoiding obstacles. 
(3) RESTORATION WORK.—To the extent practicable, any res-
toration work performed under paragraph (2XB) shall be per-
formed by unemployed— 
(A) commercial fishermen; 
(B) Indians; and 
(C) other persons whose livelihood depends upon Area 
fishery resources. 
(4) MEMORANDUM OF AGREEMENT.—In order to facilitate the 
implementation of any activity described in paragraph (2) over 
which the Secretary does not have jurisdiction, the Secretary 
shall enter into a memorandum of agreement with the Federal, 
State, and local agencies having jurisdiction over such activities, 
and the Area Indian tribes. The memorandum of agreement 
shall specify the program activities for which the respective 
signatories to the agreement are responsible and shall contain 
such provisions as are necessary to ensure the coordinated 
implementation of the program. 
16 u s e 460SS-1. 
Research and 
development. 
Indians. 
Contracts. 
State and local 
governments. 
Indians. 
100 STAT. 3082 
PUBLIC LAW 99-552—OCT. 27, 1986 
16 u s e 460SS-2. 
SEC. 3. KLAMATH FISHERY MANAGEMENT COUNCIL. 
(a) ESTABLISHMENT.—There is established a Klamath 
Fishery 
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Management Council (hereafter in this Act referred to as the 
"Council"). 
(b) FUNCTIONS.— 
(1) The Council shall— 
(A) establish a comprehensive long-term plan and policy, 
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that must be consistent with the goals of the program, for 
the management of the in-river and ocean harvesting that 
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affects or may affect Klamath and Trinity River basin 
anadromous fish populations; 
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(B) make recommendations, that must be consistent with 
the plan and policy established under subparagraph (A) and 
with the standards in paragraph (2)— 
(i) to the California Fish and Game Commission 
regarding in-river and offshore recreational harvesting 
fjj,. 
regulations, 
(ii) to the Oregon Department of Fish and Wildlife 
regarding offshore recreational harvesting regulations, 
(iii) to the Pacific Fishery Manetgement Council 
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regarding ocean harvesting regulations, 
(iv) to the Bureau of Indian Affairs regarding regula-
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tions for harvesting in the Area by non-Hoopa Indians, 
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and 
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(v) to the Hoopa Valley Business Council regarding 
regulations for harvesting in the Area by members of 
the Hoopa Indian Tribe; and 
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(C) conduct public hearings on any regulation referred to 
in subparagraph (B) (i) through (v). 
(2) Any recommendation made by the Council under para-
graph (IXB) regarding harvesting regulations shall— 
(A) be based 
upon the best scientific 
information 
available; 
(B) minimize costs where practicable, and avoid unneces-
sary duplication of regulations; 
(C) take into account and allow for variations among, and 
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contingencies in, fisheries, fishery resources, and catches; 
and 
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(D) be designed to achieve an escapement that preserves 
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and strengthens the viability of the Area's natural anad-
romous fish populations. 
(c) MEMBERSHIP AND APPOINTMENT.—The Council is composed of 
11 members as follows: 
(1) A representative, who shall be appointed by the Governor 
of California, of each of the following: 
(A) The commercial salmon fishing industry. 
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(B) The in-river sportfishing community. 
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(C) The offshore recreational fishing industry. 
(D) The California Department of Fish and Game. 
(2) A representative of the Hoopa Indian Tribe who shall be 
appointed by Hoopa Valley Business Council. 
(3) A representative, who shall be appointed by the Secretary, 
of each of the following: 
(A) The non-Hoopa Indians residing in the Area. 
(B) The Department of the Interior. 
PUBLIC LAW 99-552—OCT. 27, 1986 
100 STAT. 3083 
i c 
(4) A representative, who shall be appointed by the Secretary 
of Commerce, of each of the following— 
(A) The National Marine Fisheries Service. 
(B) The Pacific Fishery Management Council. 
(5) A representative, who shall be appointed by the Governor 
3' of Oregon, of each of the following: 
(A) The commercial salmon fishing industry. 
(B) The Oregon Department of Fish and Wildlife. 
(d) CONSULTATION REQUIREMENT.—The appointments required 
under subsection (c) shall be made in consultation with the appro-
priate users of Area anadromous fish resources. 
(e) QUAUFICATIONS.—Council members shall be individuals who 
are knowledgable and experienced in the management and con-
servation, or the recreational or commercial harvest, of the anad-
romous fish resources in Northern California. 
(f) TERMS.— 
(1) IN GENERAL.—The term of a member is 4 years. 
(2) SERVICE.—Members of the Council serve at the pleasure of 
'•^' the appointing authority. 
(3) VACANCIES.—Any vacancy on the Council shall be filled in 
the manner in which the original appointment was made. Any 
member appointed to fill a vacancy occurring before the expira-
tion of the term for which his predecessor was appointed shall 
be appointed only for the remainder of such term. A member 
may serve after the expiration of his term until his successor 
has taken office. 
(g) TRANSACTION OF BUSINESS.— 
(1) DECISIONS OF COUNCIL.—All decisions of the Council must 
be by unanimous vote of all of the members. 
(2) CHAIRMAN.—The Council shall elect a Chairman from 
among its members. 
(3) MEETINGS.—The Council shall meet at the call of the 
Chairman or upon the request of a majority of its members. 
(h) STAFF AND ADMINISTRATION.— 
(1) ADMINISTRATIVE SUPPORT.—The Secretary and the Director 
of the California Department of Fish and Game shall provide 
the Council with such administrative and technical support 
services as are necessary for the effective functioning of the 
Council. 
(2) INFORMATION.—The Secretary and the Director of the 
California Department of Fish and Game shall furnish the 
Council with relevant information concerning the Area. 
(3) ORGANIZATION.—The Council shall determine its organiza-
tion, and prescribe the practices and procedures for carrying out 
its functions under subsection (b). 
(i) FEDERAL OR STATE EMPLOYEES.—Any Council member who is an 
officer or employee of the United States or the State of California at 
the time of appointment to the Council shall cease to be a Council 
member within 14 days after the date on which he ceases to be so 
employed. 
0') EXPENSES.— 
(1) TRAVEL EXPENSES.—While away from their homes or regu-
lar places of business in the performance of services for the 
Council, Council members shall be allowed travel expenses, 
including a per diem allowance in lieu of subsistence, in the 
same manner as persons employed intermittently in the 
100 STAT. 3084 
PUBLIC LAW 99-552—OCT. 27, 1986 
Government service are allowed travel expenses under section 
5703 of title 5 of the United States Code. 
(2) LIMITATION ON SPENDING AUTHORITY.—No money au-
thorized to be appropriated under section 6 may be used to 
reimburse any agency or governmental unit (whose employees 
are Council members) for time spent by any such employee 
performing Council duties. 
16 use 460SS-3. 
SEC. 4. KLAMATH RIVER BASIN FISHERIES TASK FORCE. 
(a) EsTABUSHMENT.—There is established a Klamath River Basin 
Fisheries Task Force (hereafter in this Act referred to as the "Task 
Force"). 
(b) FUNCTIONS.—The Task Force— 
(1) shall assist the Secretary in the formulation, coordination, 
and implementation of the program; 
(2) shall assist, and coordinate its activities with, Federal, 
State, and local governmental or private anadromous fish res-
toration projects within the Area; 
(3) shall conduct any other activity that is necessary to accom-
plish the objectives of the program; and 
(4) may act as an advisor to the (Council. 
(c) MEMBERSHIP AND APPOINTMENT.—The Task Force is composed 
of 12 members as follows: 
(1) A representative, who shall be appointed by the Governor 
of California, of each of the following: 
(A) The commercial salmon fishing industry. 
(B) The in-river sport fishing community. 
(C) The California Department of Fish and Game. 
(2) A representative of the Hoopa Indian Tribe who shall be 
appointed by the Hoopa Valley Business Council. 
(3) A representative of the Department of the Interior who 
shall be appointed by the Secretary. 
(4) A representative of the National Marine Fisheries Service 
who shall be appointed by the Secretary of Commerce. 
(5) A representative of the Department of Agriculture who 
shall be appointed by the Secretary of Agriculture. 
(6) A representative of the Oregon Department of Fish and 
Wildlife who shall be appointed by the Governor of Oregon. 
(7) One individual who shall be appointed by the Board of 
Supervisors of Del Norte County, California. 
(8) One individual who shall be appointed by the Board of 
Supervisors of Siskiyou County, California. 
(9) One individual who shall be appointed by the Board of 
Supervisors of Humboldt County, California. 
(10) One individual who shall be appointed by the Board of 
Supervisors of Trinity County, California. 
(d) 
COUNCIL 
MEMBERSHIP 
NOT 
A 
BAR 
TO 
TASK 
FORCE 
APPOINTMENT.—An individual who is a member of the Council is 
not ineligible for appointment as a member of the Task Force. 
(e) TERMS.— 
(1) IN GENERAL.—The term of a member of the Task Force is 4 
years. 
(2) SERVICE.—Members of the Task Force serve at the pleas-
ure of the appointing authorities. 
(3) VACANCIES.—Any vacancy on the Task Force shall be filled 
in the manner in which the original appointment was made. 
Any member appointed to fill a vacancy occurring before the 
PUBLIC LAW 99-552—OCT. 27, 1986 
100 STAT. 3085 
expiration of the term for which his predecessor was appointed 
shall be appointed only for the remainder of such term. A 
member may serve after the expiration of his term until his 
successor has taken office. 
(f) TRANSACTION OF BUSINESS.— 
(1) DECISIONS OF TASK FORCE.—All decisions of the Task Force 
must be by unanimous vote of all the members. 
(2) CHAIRMAN.—The members of the Task Force shall select a 
Chairman from among its members. 
(3) MEETINGS.—The Task Force shall meet at the call of the 
Chairman or upon the request of a majority of its members. 
(g) STAFF AND ADMINISTRATION.— 
(1) ADMINISTRATIVE SUPPORT.—The Secretary and the Director 
of the California Department of Fish and Game shall provide 
the Task Force with the administrative and technical support 
services necessary for the effective functioning of the Task 
Force. 
(2) INFORMATION.—The Secretary and the Director of the 
California Department of Fish and Game shall furnish the 
members of the Task Force with relevant information concern-
ing the Area. 
(3) ORGANIZATION.—The Task Force shall determine its 
organization, and prescribe the practices and procedures for 
carrying out its functions under subsection (b). 
(h) MEMBERS WHO ARE FEDERAL OR STATE EMPLOYEES.—Any Task 
Force member who is an officer or employee of the United States or 
the State of California at the time of appointment to the Task Force 
shall cease to be a member of the Task Force within 14 days of the 
date on which he ceases to be so employed. 
(i) LIMITATION ON SPENDING AUTHORITY.—No money authorized to 
be appropriated under section 6 may be used to reimburse any Task 
Force member or agency or governmental unit (whose employees 
are Task Force members) for time spent by any such employee 
preforming Task Force duties. 
SEC. 5. ENFORCEMENT. 
(a) MEMORANDUM OF AGREEMENT.—In order to strengthen and 
facilitate the enforcement of Area fishery harvesting regulations, 
the Secretary shall enter into a memorandum of agreement with the 
California Department of Fish and Game. Such agreement shall 
specify the enforcement activities within the Area for which the 
respective agencies of the Department of Interior and the California 
Department of Fish and Game are responsible and shall contain 
such provisions as are necessary to ensure the coordinated 
implementation of Federal and State enforcement activities. 
SEC. 6. APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be appropriated to 
the Department of the Interior during the period beginning October 
1, 1986, and ending on September 30, 2006, $21,000,000 for the 
design, construction, operation, and maintenance of the program. 
Monies appropriated under this subsection shall remain available 
until expended or October 1, 2006, whichever first occurs, 
fl)) COST-SHARING.— 
(1) 50 percent of the cost of the development and implementa-
tion of the program must be provided by one or more non-
Federal sources on a basis considered by the Secretary to be 
Contracts. 
California. 
State and local 
governments. 
16 u s e 460SS-4. 
16 u s e 460SS-5. 
100 STAT. 3086 
PUBLIC LAW 99-552—OCT. 27, 1986 
Gifts and 
property. 
Real property. 
Voluntarism. 
Regulations. 
State and local 
governments. 
16 u s e 460SS-6. 
timely and appropriate. For purposes of this subsection, the 
term "non-Federal source" includes a State or local govern-
ment, any private entity, and any individual. 
(2) In addition to cash outlays, the Secretary shall consider as 
financial contributions by a non-Federal source the value of 
in kind contributions and real and personal property provided 
by the source for purposes of implementing the program. Valu-
ations made by the Secretary under this paragraph are final 
and not subject to judicial review. 
(3) For purposes of paragraph (2), in kind contributions may be 
in the form of, but are not limited to, personal services rendered 
by volunteers in carrying out surveys, censuses, and other 
scientific studies. 
(4) The Secretary shall by regulation establish— 
(A) the training, experience, and other qualifications 
which such volunteers must have in order for their services 
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to be considered as in kind contributions; and 
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(B) the standards under which the Secretary will deter-
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mine the value of in kind contributions and real and per-
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sonal property for purposes of paragraph (2). 
(5) The Secretary may not consider the expenditure, either 
directly or indirectly, with respect to the program of Federal 
moneys received by a State or local government to be a financial 
contribution by a non-Federal source to carry out the program. 
SEC. 7. DEFINITIONS. 
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As used in this Act— 
(1) The term "program" means the Klamath River Basin 
Conservation Area Restoration Program established under sec-
tion 2(b). 
(2) The term "Secretary" means the Secretary of the Interior. 
Approved October 27, 1986. 
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LEGISLATIVE HISTORY—H.R. 4712: 
HOUSE REPORTS: No. 99-894, Pt. 1 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
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Sept. 30, considered and passed House. 
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Oct. 3, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Oct. 27, Presidential statement.