[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2243 Introduced in House (IH)]
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'.''.
<all>