< Back to H.R. 2243 (104th Congress, 1995–1996)

Text of the Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995

This bill was enacted after being signed by the President on May 15, 1996. The text of the bill below is as of Aug 4, 1995 (Introduced).

This is not the latest text of this bill.

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HR 2243 IH

104th CONGRESS

1st Session

H. R. 2243

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.

IN THE HOUSE OF REPRESENTATIVES

August 4, 1995

Mr. RIGGS (for himself and Mr. HERGER) introduced the following bill; which was referred to the Committee on Resources


A BILL

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 restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes’, approved October 24, 1984 (98 Stat. 2721), 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 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 implement a management program in order to achieve the long-term goals of both restoring total ocean populations of adult salmon, steelhead, and other anadromous fish, and resuming commercial and sport fishing activities at the ports between Fort Bragg, California and Brookings, Oregon, at levels approximating those which existed immediately before the start of the construction of the Trinity River division.’.

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), is amended in the matter preceding paragraph (1) by striking ‘in such basin’ and inserting ‘in such basin and in the ocean’.

    (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 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. ALTERNATIVES FOR ENHANCING HARVEST OPPORTUNITIES.

    Section 2(b) 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), is further amended by inserting at the end thereof the following:

    ‘(4) In implementing the management program pursuant to subsection (a), the Secretary shall give priority attention to exploring the following strategies to further enhance the harvest opportunities of anadromous fish:

      ‘(A) Use of biologically sound methods to increase the harvestable surplus of Klamath/Trinity chinook by augmenting mitigation hatchery releases with supplemental hatchery production, including hatchery practices which optimize survival to adulthood of supplementation releases.

      ‘(B) Design of time and area opportunities in the ocean fisheries of the Klamath Management Zone which focus impacts on relatively robust stocks while limit impacts to sensitive stocks.

      ‘(C) Development of processes which allow fisheries to selectively harvest hatchery produced fish while releasing unmarked, natural fish.’.

SEC. 5. 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), is amended--

      (1) by striking ‘fourteen’ and inserting ‘twenty-four’; and

      (2) 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.

      ‘(20) One individual to be appointed by the Secretary to represent environmental interests.

      ‘(21) One individual to be appointed by the Secretary, in consultation with the Secretary of Agriculture, to represent agricultural interests.

      ‘(22) One individual to be appointed by the Secretary, in consultation with the California Urban Water Coalition, to represent urban water interests.

      ‘(23) One individual to be appointed by the Secretary, in consultation with the Secretary of Energy, to represent power customers of the Central Valley Project.

      ‘(24) One individual to be appointed by the Administrator of the Western Area Power Administration to represent the Western Area Power Administration.’.

    (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 established under Public Law 99-552. The Secretary 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), or an Indian tribe, may be reimbursed for such expenses as may be incurred 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. 6. 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, California, and for other purposes’, approved October 24, 1984 (98 Stat. 2723), 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 subsections:

    ‘(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 supplies, 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 annually 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 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 Representatives and the Committee on Energy and Natural Resources of the Senate.

    ‘(g) The Inspector General of the Department of the Interior 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.’.

SEC. 7. 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), 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 or present rights of any Indian or Indian tribe or any other individual or entity.’.

SEC. 8. 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 7 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’.’.