[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2243 Reported in Senate (RS)]
Calendar No. 367
104th CONGRESS
2d Session
H. R. 2243
[Report No. 104-253]
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
April 16, 1996
Reported without amendment
Calendar No. 367
104th CONGRESS
2d Session
H. R. 2243
[Report No. 104-253]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 1995
Received; read twice and referred to the Committee on Environment and
Public Works
April 16, 1996
Reported by Mr. Chafee, without amendment
_______________________________________________________________________
AN ACT
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), 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 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 conjunction with other
appropriate 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
(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, including 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. 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), 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 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. 5. 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), 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
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
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 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:
``(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 monitor,
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 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), 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 ``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 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 Fish
and Wildlife Management Act of 1984'.''.
Passed the House of Representatives December 12, 1995.
Attest:
ROBIN H. CARLE,
Clerk.