[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4408 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4408

To protect and restore the anadromous fish habitat in the Russian River 
of Northern California and its tributaries, and to provide for a pilot 
project to test and demonstrate the benefits of main stem river channel 
                              restoration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1994

  Mr. Hamburg (for himself and Ms. Woolsey) introduced the following 
 bill; which was referred jointly to the Committees on Merchant Marine 
           and Fisheries and Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
To protect and restore the anadromous fish habitat in the Russian River 
of Northern California and its tributaries, and to provide for a pilot 
project to test and demonstrate the benefits of main stem river channel 
                              restoration.

    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 ``Russian River Fisheries and Riverbed 
Restoration Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) California's Russian River and its tributaries contain 
        anadromous fish resources that are an important component of 
        the local, regional, and State commercial and sport 
        recreational fisheries. The commercial and recreational harvest 
        of Russian River salmon and steelhead has historically made an 
        important contribution to local economies.
            (2) The Russian River supported one of the most productive 
        steelhead fisheries in North America as recently as 1940.
            (3) In the recent past, the Russian River supported an 
        abundant population of coho salmon and still contains a remnant 
        population of this species, which has been proposed for listing 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
            (4) The Russian River provides numerous other beneficial 
        uses to the many people who inhabit its basin. The River is a 
        source of drinking and irrigation water, a popular destination 
        for recreational water sports enthusiasts, the soil source for 
        prime agricultural bottom lands, the primary local source of 
        aggregate resources, and the source of hydroelectric power 
        generated by 2 major dams.
            (5) Development of the Russian River for beneficial uses 
        has resulted in the degradation of the river system's riparian 
        areas, streambed, water quality and stream flows. The net 
        result of construction and operation of dams and agricultural 
        water diversions, water conveyance from the Eel River, past 
        gravel mining, timber harvest practices, road building 
        activities, and residential and agricultural development of 
        flood plains has been a substantial degradation of fish habitat 
        in the River. These environmental alterations have caused a 
        major decline in salmon and steelhead fish populations in the 
        River, and have also had a negative impact on several other 
        beneficial uses.
            (6) The Federal Government, through the construction of 
        Coyote Dam in Mendocino County and Warm Springs Dam in Sonoma 
        County and the Russian River Flood Control Project, is 
        substantially responsible for the loss and degradation of fish 
        habitat in the River.
            (7) Overlapping Federal, State, and local jurisdictions 
        have historically hampered fishery conservation efforts and 
        prevented the Federal Government and the State of California 
        from fulfilling their responsibilities to protect the River's 
        anadromous fishery resources.
            (8) The California Department of Fish and Game has 
        authority under State law to direct the restoration of the 
        State's anadromous fishery resources in accordance with 
        comprehensive river basin anadromous fisheries restoration 
        plans. The department is in the process of developing a basin 
        plan for the Russian River.
            (9) The California State Coastal Conservancy is in the 
        process of producing a resource enhancement and restoration 
        plan for the main stem of the Russian River.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To protect and restore the River's anadromous fish 
        habitat for the purpose of optimizing production of salmon and 
        steelhead.
            (2) To foster cooperation between Federal, State, and local 
        agencies in protecting, restoring, and enhancing the River's 
        anadromous fishery resources.
            (3) To construct a pilot project for the purpose of testing 
        and demonstrating the benefits of large scale main stem river 
        channel restoration and stream corridor management.
            (4) To review the operation of Federal dam and flood 
        control projects and assess the environmental impacts of their 
        operation on the River.
            (5) To provide matching funds, if necessary, for the 
        development of the Program Plan, and to provide funds to begin 
        implementation of the Program Plan and for monitoring and 
        evaluating implementation of the program.

SEC. 4. PILOT PROJECT TO REESTABLISH RIVER CHANNEL AND FLOODWAY; FISH 
              HABITAT RESTORATION PROJECTS.

    (a) River Channel and Floodway Project.--The Administrator shall 
conduct 1 or more pilot projects on the main channel of the River which 
may be identified in the Resource Plan, to demonstrate measures to 
reestablish a channel and floodway in dynamic equilibrium with the 
River and to prevent the down cutting of the River bed. The goals of 
the pilot projects shall be to create in-stream fish and wildlife 
habitat, reduce bank erosion and loss of riparian vegetation, and 
accommodate high flows without accompanying damage to land or property. 
To the extent practicable, activities on the main river channel under 
the pilot project shall be integrated with projects on tributaries and 
basin-wide water management, and shall account for the physical and 
ecological interdependency within the watershed. This project will only 
be completed with willing landowners. The Administrator may contract 
with the California State Coastal Conservancy to carry out the pilot 
projects.
    (b) Fish Habitat Restoration Project.--The Chief, working through 
the Resource Conservation Districts and with the California Department 
of Fish and Game, shall carry out high priority fish habitat 
restoration projects on the River's tributaries or watershed 
restoration projects that are identified in and are consistent with the 
objectives of the Program Plan.
    (c) Cooperation With Other Agencies.--The Administrator and the 
Chief shall work with the United States Fish and Wildlife Service, 
National Marine Fisheries Service, Army Corps of Engineers, and the 
State of California in carrying out activities under this section.
    (d) Grants to States.--The Administrator and the Chief shall use 
their existing authorities to award grants or contracts (or both) to 
State or local agencies (or both) to carry out this section and for 
monitoring activities under this section.
    (e) Report.--Not later than September 30, 1996, the Administrator 
and the Chief shall each report to the Congress on progress made toward 
implementing this section.
    (f) Review of Coyote Dam and Warm Springs Dam.--
            (1) Review.--The Secretary in consultation with the 
        Director of the United States Fish and Wildlife Service shall 
        review the effects of the operation and water release schedule 
        of the Coyote Dam in Mendocino County on bank erosion problems, 
        river channel down cutting, decreases in ground water supplies 
        and scour of riparian habitat. The Secretary shall identify 
        alternative release schedules which will reduce adverse impacts 
        along the River and provide fisheries habitat benefits. The 
        Secretary shall also review channel clearing and maintenance 
        measures currently required along the Alexander Valley reach of 
        the River channel as part of the Russian River Flood Control 
        project for their adverse environmental effects on fisheries 
        habitat in the River. The Secretary shall identify alternative 
        measures which reduce bank erosion problems and promote 
        riparian and fisheries habitat restoration while providing the 
        same or higher level of flood water channel capacity as the 
        original 1955 Federal project. Further, the Secretary shall 
        review the effects that operation of Warm Springs dam will have 
        on fish habitat in Dry Creek and downstream reaches of the 
        River, including potential effects that the project will have 
        on the middle reach of the River when fully operational.
            (2) Report.--Not later than September 30, 1996, the 
        Secretary shall report to the Congress the results of the 
        reviews under this subsection.

SEC. 5. RUSSIAN RIVER BASIN ADVISORY COMMITTEE.

    (a) Establishment.--There is established an advisory committee 
which shall be composed of not more than 20 people selected by the 
Chief in consultation with the Administrator. The committee shall be 
representative of the various groups with an interest in the Russian 
River and shall be selected according to the following guidelines:
            (1) Members of the Russian River Enhancement Plan Technical 
        Advisory Committees established by the California State Coastal 
        Conservancy shall be considered if they choose to serve.
            (2) Membership shall include representatives of organized 
        fishery groups even if not presently on the Russian River 
        Enhancement Plan Technical Advisory Committees.
            (3) Membership shall be balanced geographically between 
        Mendocino and Sonoma Counties.
            (4) Membership shall include representatives of State and 
        Federal agencies involved in managing river natural resources 
        but there shall be no more than 6 such members.
    (b) Functions.--The advisory group shall advise and assist the 
Administrator and the Chief regarding the implementation and monitoring 
of the activities authorized by this Act.
    (c) Chairman; Meetings.--The chairman of the advisory committee 
shall be a representative of a river fishery group who is chosen by 
majority vote of the advisory committee. The term of an individual as 
chairman shall be 2 years. The chairman shall call meetings of the 
advisory committee at least 4 times each year. The advisory committee, 
in consultation with the Administrator and the Chief, may establish its 
own order of business.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``Administrator'' means Administrator of the 
        Environmental Protection Agency, acting through the Regional 
        Administrator for the ninth region.
            (2) The term ``Chief'' means the Chief of the Soil 
        Conservation Service.
            (3) The term ``Program Plan'' means the Russian River Basin 
        Andromous Fisheries Restoration Plan being developed by the 
        California Department of Fish and Game.
            (4) The term ``Resource Plan'' means the Russian River 
        Resource Enhancement Plan being developed by the California 
        State Coastal Conservancy.
            (5) The term ``River'' means the Russian River in 
        California.
            (6) The term ``Secretary'' means the Secretary of the Army.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $7,000,000 for carrying out 
this Act for fiscal years beginning after September 30, 1993. 
$4,000,000 shall be allocated for the tributary restoration which shall 
include a maximum of $500,000 for completion of the Program Plan and a 
maximum of $100,000 for support services for the Basin Advisory 
Committee. $3,000,000 shall be allocated for the riverbed restoration 
pursuant to the Resource Plan. Such sums shall remain available until 
expended. A portion of the funding shall be used for Federal staff for 
accomplishing the goals.

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