[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1760 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1760

To establish water conservation and habitat restoration programs in the 
  Klamath River basin and to provide emergency disaster assistance to 
  fishermen, Indian tribes, small businesses, and others that suffer 
 economic harm from the devastating effects of the Klamath River basin 
                           fish kill of 2002.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2003

     Mr. Thompson of California (for himself, Mr. George Miller of 
   California, Mr. Matsui, Mr. Farr, Mr. Blumenauer, Ms. Solis, Mrs. 
Napolitano, Mr. Berman, Mr. Honda, Ms. Lee, Ms. Harman, Mr. Schiff, Ms. 
Watson, Ms. Lofgren, Mr. Lantos, Mrs. Capps, Ms. Eshoo, Mr. Waxman, Ms. 
     Woolsey, Mr. Sherman, Mrs. Davis of California, and Mr. Baca) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To establish water conservation and habitat restoration programs in the 
  Klamath River basin and to provide emergency disaster assistance to 
  fishermen, Indian tribes, small businesses, and others that suffer 
 economic harm from the devastating effects of the Klamath River basin 
                           fish kill of 2002.

    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 ``Klamath River Basin Restoration and 
Emergency Assistance Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Klamath basin.--The term ``Klamath Basin'' means the 
        watershed areas in Oregon and California that drain into the 
        Klamath River System.
            (2) Klamath basin national wildlife refuges.--The term 
        ``Klamath Basin National Wildlife Refuges'' means the 
        following:
                    (A) The Lower Klamath National Wildlife Refuge.
                    (B) The Tule Lake National Wildlife Refuge.
                    (C) The Clear Lake National Wildlife Refuge.
                    (D) The Upper Klamath National Wildlife Refuge.
                    (E) The Bear Valley National Wildlife Refuge.
                    (F) The Klamath Marsh National Wildlife Refuge.
            (3) Program.--The term ``Program'' means the Klamath River 
        Basin Conservation Area Restoration Program established under 
        section 3.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, unless otherwise specified.
            (5) Task Force.--The term ``Task Force'' means the Klamath 
        Basin Restoration Task Force established by section 6.
            (6) Tribes.--The term ``Tribes'' means--
                    (A) the Klamath Tribes;
                    (B) the Hoopa Valley Tribe;
                    (C) the Karuk Tribe; and
                    (D) the Yurok Tribe.
            (7) Water conservation.--The term ``water conservation''--
                    (A) subject to subparagraph (B), means actions 
                taken to improve the efficiency of storage, conveyance, 
                distribution, or use of water, including such actions 
                taken specifically for protection and restoration of 
                fish and wildlife species in the Klamath Basin; and
                    (B) does not include the construction of any dam, 
                reservoir, or well.

SEC. 3. KLAMATH WATER QUALITY AND CONSERVATION PROGRAM.

    (a) Establishment of Program.--The Secretary of the Interior, 
acting through the Commissioner of the Bureau of Reclamation and the 
Director of the United States Fish and Wildlife Service, shall, 
immediately upon the enactment of this Act, establish a program for 
providing financial and technical assistance for water conservation in 
the Klamath Basin. The program shall be known as the ``Klamath River 
Basin Conservation Area Restoration Program''.
    (b) Assistance.--The Secretary, under the Program, may provide 
loans, grants, and technical assistance to qualified applicants for 
preparation and implementation of plans for and short- and long-term 
eligible water conservation projects and measures in the Klamath Basin.
    (c) Qualified Applicant.--
            (1) In general.--For purposes of subsection (b), a 
        qualified applicant is any irrigation district, Indian tribe, 
        nonprofit nongovernmental organization, or individual landowner 
        that meets qualification requirements established by the 
        Secretary under paragraph (2).
            (2) Qualification requirements.--The Secretary shall issue 
        regulations establishing qualification requirements for 
        purposes of paragraph (1) by not later than 1 year after the 
        date of the enactment of this Act.
    (d) Eligible Water Conservation Projects and Measures.--For 
purposes of subsection (b), eligible water conservation projects and 
measures include the following:
            (1) Incentives for growing crops that require less water 
        than crops grown on the date of the enactment of this Act, in--
                    (A) the Upper Klamath Basin above Iron Gate Dam; or
                    (B) the Scott and Shasta River Valleys and other 
                Lower Klamath Basin areas.
            (2) Purchase, from a willing seller, of land, water rights 
        associated with land, and other property interests in the Upper 
        Klamath Basin above Iron Gate Dam and within the Scott and 
        Shasta River Valleys and other Lower Klamath Basin areas, 
        including acquisition of nonirrigation conservation easements 
        that preclude the grantor of such an easement from irrigating 
        lands that are subject to such an easement.
            (3) Short- or long-term contracts for the lease, from a 
        willing seller or lessor of land, of water rights associated 
with land and other property interests in the Klamath Basin.
            (4) Tail-water recovery programs, and lining or piping (or 
        both) of earthen irrigation channels.
            (5) Groundwater recharge and management systems.
            (6) Restoration of in-stream habitat conditions, consistent 
        with generally accepted stream improvement practices, in 
        accordance with the California Department of Fish and Game 
        stream improvement manual (for projects and measures in 
        California) or the Oregon Watershed Enhancement Board stream 
        restoration guidelines (for projects and measures in Oregon), 
        as applicable.
            (7) Field leveling, monitoring of soil moisture conditions, 
        and irrigation scheduling.
            (8) Restoration of riparian habitat for the purposes of 
        improving water quality and conservation.
            (9) Updating and installation of water monitoring and 
        metering facilities.
    (e) Water Conservation for Fish Habitat Restoration.--The Secretary 
shall require that any water conservation project or measure for fish 
habitat restoration purposes that is carried out with assistance under 
this section shall be carried out in accordance with all applicable 
State and Federal laws.
    (f) Prohibition of Use of Funds.--None of the funds made available 
under this Act may be used to plan, design, or construct new facilities 
that may be used to store, divert, distribute, or otherwise supply 
water from any source for the purpose of bringing newly irrigated lands 
into agricultural production.
    (g) Cost Sharing.--
            (1) In general.--The Federal share of the cost of any 
        activity carried out with a loan or grant under this section 
        shall not exceed 75 percent.
            (2) In-kind contributions.--(A) The Secretary shall apply 
        to the non-Federal share of the cost of any activity carried 
        out with a loan or grant under this section (in addition to 
        cash outlays), the value of in-kind contributions to the 
        activity of real and personal property and voluntary personal 
        services provided from non-Federal sources.
            (B) Any valuation of property or services by the Secretary 
        for purposes of this paragraph is final and not subject to 
        judicial review.
            (C) The Secretary shall by regulation establish--
                    (i) the training, experience, and other 
                qualifications that volunteers must have in order for 
                their services to be considered as in-kind 
                contributions under this paragraph; and
                    (ii) the standards under which the Secretary will 
                determine the value of in-kind contributions for 
                purposes of this paragraph.
            (3) Limitation.--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 for purposes of this subsection.
    (h) Operation and Maintenance Expenses.--No Federal funds may be 
expended for operation or maintenance of any facility constructed under 
this Act.
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out this section $200,000,000 for fiscal 
        years 2004 through 2016, of which no more than $5,000,000 shall 
        be used for short-term and long-term water leasing programs in 
        the Klamath Basin for eligible water conservation projects and 
        measures described in subsection (d)(4).
            (2) Availability.--Amounts appropriated under this 
        subsection may remain available until expended.

SEC. 4. EMERGENCY DISASTER ASSISTANCE.

    (a) In General.--The Secretary of the Interior, subject to the 
availability of appropriations, shall provide emergency financial 
assistance to persons in northern California and Oregon coastal 
communities that were adversely affected by the Klamath Basin salmon 
kill disaster of 2002, including Indian tribes, participants in the 
recreational and commercial fishing industries, owners and operators of 
fish processing facilities, and other businesses that were so affected.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior $20,000,000 to provide 
assistance under this section.

SEC. 5. FLOW RATES.

    The Secretary of the Interior shall release the funds necessary to 
complete in final form the document entitled ``Evaluation of Interim 
Instream Flow Needs in the Klamath River, Phase II, Final Report'', 
prepared for the Department of the Interior by Dr. Thomas B. Hardy and 
Mr. R. Craig Addley (also known as the ``Final Hardy Phase II Report'') 
by no later than one month after the date of the enactment of this Act.

SEC. 6. KLAMATH BASIN RESTORATION TASK FORCE.

    (a) Establishment.--There is established a Klamath Basin 
Restoration Task Force.
    (b) Functions.--The Task Force shall--
            (1) advise the Secretary in the formulation, coordination, 
        and implementation of the Program;
            (2) develop and propose water conservation projects and 
        measures for receipt of assistance under the Program, and make 
        recommendations on eligible water conservation projects and 
        measures to be provided assistance under the Program;
            (3) assist, and coordinate its activities with, Federal, 
        State, and local governmental or private anadromous and 
        resident native fish restoration projects within the Klamath 
        Basin;
            (4) conduct any other activity that is necessary to 
        accomplish the objectives of the Program; and
            (5) act as an advisor to the Klamath Fisheries Management 
        Council.
    (c) Membership and Appointment.--The Task Force shall consist of 32 
members, as follows:
            (1) Nine members appointed by the Governor of California, 
        as follows:
                    (A) A representative of the California commercial 
                salmon fishing industry.
                    (B) A representative of the California in-river 
                sport fishing or in-stream recreational industry.
                    (C) A representative of the California Department 
                of Fish and Game.
                    (D) A representative of the California Department 
                of Water Resources.
                    (E) A representative of private land owners in the 
                Lower Klamath River basin farming and ranching 
                community, who reside in the State of California and 
                who are not dependent on the Federal Klamath Irrigation 
                Project for water supplies.
                    (F) A representative of private land owners in the 
                farming and ranching community who reside in the State 
                of California and who are dependent on the Federal 
                Klamath Irrigation Project for water supplies.
                    (G) Two representatives of California-based 
                environmental organizations, or of national 
                organizations having an office in California, with 
                interests in ecosystem restoration, anadromous 
                fisheries and wildlife refuges in the Klamath Basin.
                    (H) A citizen of California who resides in the 
                Lower Klamath Basin to represent the general business 
                community and who is drawn from the California business 
                community of the Lower Klamath Basin.
            (2) Nine members appointed by the Governor of Oregon, as 
        follows:
                    (A) A representative of the Oregon commercial 
                salmon fishing industry.
                    (B) A representative of the Oregon in-river sport 
                fishing or in-stream recreational industry.
                    (C) A representative of the Oregon Department of 
                Fish and Wildlife.
                    (D) A representative of the Oregon Water Resources 
                Department.
                    (E) A representative of private land owners in the 
                Upper Klamath Basin farming and ranching community, who 
                reside in the State of Oregon and who are not dependent 
                on the Federal Klamath Irrigation Project for water 
                supplies.
                    (F) A representative of private land owners in the 
                farming and ranching community who reside in the State 
                of Oregon and who are dependent on the Federal Klamath 
                Irrigation Project for water supplies.
                    (G) Two representatives of Oregon-based 
                environmental organizations, or of national 
                organizations having an office in Oregon, with 
                interests in ecosystem restoration, anadromous 
                fisheries and wildlife refuges in the Klamath Basin.
                    (H) A citizen of Oregon who resides in the Upper 
                Klamath Basin to represent the general business 
                community and who is drawn from the Oregon business 
                community of the Upper Klamath Basin.
            (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 and the Department of Commerce, 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 Environmental Protection 
        Agency, who shall be appointed by the Administrator of that 
        agency.
            (7) One individual who shall be appointed by the County 
        Commissioners of Klamath County, Oregon.
            (8) One individual who shall be appointed by the Board of 
        Supervisors of Del Norte County, California.
            (9) One individual who shall be appointed by the Board of 
        Supervisors of Siskiyou County, California.
            (10) One individual who shall be appointed by the Board of 
        Supervisors of Humboldt County, California.
            (11) One individual who shall be appointed by the Board of 
        Supervisors of Modoc County, California.
            (12) One individual who shall be appointed by the Board of 
        Supervisors of Trinity County, California.
            (13) A representative of the Karuk Tribe, who shall be 
        appointed by the governing body of the Tribe.
            (14) A representative of the Klamath Tribes, who shall be 
        appointed by the governing body of the Klamath Tribes.
            (15) A representative of the Yurok Tribe, who shall be 
        appointed by the governing body of the Tribe.
            (16) A representative of the Hoopa Valley Tribe, who shall 
        be appointed by the governing body of the Hoopa Valley Tribe.
    (d) Terms.--
            (1) In general.--The term of a member of the Task Force is 
        4 years, except that an individual may continue to serve as a 
        member after expiration of the individual's term until a 
        successor has taken office.
            (2) Service.--A member of the Task Force shall serve at the 
        pleasure of the person having authority to appoint the member.
            (3) Vacancies.--(A) Any vacancy on the Task Force shall be 
        filled in the manner in which the original appointment was 
        made.
            (B) Any member appointed to fill a vacancy occurring before 
        the expiration of the term for which the member's predecessor 
        was appointed shall be appointed only for the remainder of such 
        term.
    (e) Transaction of Business.--
            (1) Procedures.--The Task Force shall establish practices 
        and procedures for the carrying out of its functions under 
        subsection (b). The procedures shall include the requirement 
        that a quorum of the Task Force must be present before business 
        may be transacted. The Task Force shall make decisions by the 
        unanimous consent of the members voting (without regard to any 
        abstentions).
            (2) Chairman.--The members of the Task Force shall select a 
        Chairman from among its members. The term of membership as 
        Chairman shall be one year. The chairmanship shall rotate 
        annually between appointees from California and appointees from 
        Oregon. Any member who is an employee of a Federal agency shall 
        be considered, for purposes of this paragraph, to be an 
        appointee from both States, and may serve as Chairman without 
        regard to the member's State of residence.
            (3) Meetings.--The Task Force shall meet at the call of the 
        Chairman or upon the request of a majority of its members, but 
        not less than 3 times each year. At least one meeting each 
        calendar year shall be held in or near Klamath Falls, Oregon, 
        at least one meeting each calendar year shall be held in or 
        near Yreka, California, and at least one meeting each calendar 
        year shall be held in or near Eureka, California.
    (f) Staff and Administration.--
            (1) Administrative support.--The Secretary, through the 
        United States Fish and Wildlife Service and other relevant 
        agencies, 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 shall furnish the members 
        of the Task Force with relevant information concerning the 
        Klamath Basin.
            (3) Organization.--The Task Force shall determine its 
        organization, and prescribe the practices and procedures for 
        carrying out its functions under subsection (b).
            (4) Science advisory team.--(A) The Task Force shall 
        establish a Science Advisory Team to advise it on technical 
        issues referred to it and to review and advise the Task Force 
        on the scientific merits of proposed projects and measures.
            (B) The Task Force shall--
                    (i) provide staff support for the Science Advisory 
                Team; and
                    (ii) reimburse travel expenses of members of the 
                Science Advisory Team in the same manner such 
                reimbursement is provided to Task Force members.
    (g) Members Who Are Federal or State Employees.--Any Task Force 
member who is an officer or employee of the United States, the State of 
California, or the State of Oregon at the time of appointment to the 
Task Force, and who serves on the Task Force as a representative of a 
State or Federal agency, shall cease to be a member of the Task Force 
within 14 days after the date on which the member ceases to be employed 
by such agency.
    (h) Expenses.--
            (1) Travel expenses.--(A) Except as provided in 
        subparagraph (B), while away from their homes or regular places 
        of business in the performance of services for the Task Force, 
        Task Force 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 Government service 
        are allowed travel expenses under section 5703 of title 5, 
        United States Code.
            (B) Any Task Force member who is an employee of any agency 
        or governmental unit and is eligible for travel expenses from 
        that agency or unit for performing services for the Task Force 
        is not eligible for travel expenses under this paragraph.
            (2) Limitation on spending authority.--Amounts appropriated 
        under section 6 of the Klamath River Basin Fishery Resources 
        Restoration Act (16 U.S.C. 460ss-5) may not be used to 
        reimburse any agency or governmental unit that has a 
        representative as a member of the Task Force with respect to 
        the performance of such member's duties on the Task Force.
    (i) Memorandum of Agreement Regarding Enforcement.--In order to 
strengthen and facilitate the enforcement of Klamath Basin fishery 
harvesting and wildlife hunting regulations, the Secretary shall enter 
into a memorandum of agreement with the California Department of Fish 
and Game and the Oregon Department of Fish and Wildlife that--
            (1) specifies the enforcement activities within the Klamath 
        Basin for which the Department of Interior and the California 
        Department of Fish and Game and Oregon Department of Fish and 
        Wildlife are responsible; and
            (2) contains such provisions as are necessary to ensure 
        coordinated implementation of Federal and State enforcement 
        activities.
    (j) Termination of Existing Entities.--
            (1) Termination.--The Upper Klamath Basin Working Group 
        referred to in section 1024 of the Omnibus Parks and Public 
        Lands Act of 1996 (Public Law 104-333; 110 Stat. 4224) and the 
        Klamath Basin Fisheries Restoration Task Force established by 
        section 4 of the Klamath River Basin Fishery Resources 
        Restoration Act (16 U.S.C. 460ss-3) are terminated.
            (2) Conforming amendments and repeals--(A) Section 1024 of 
        the Omnibus Parks and Public Lands Act of 1996 (Public Law 104-
        333; 110 Stat. 4224) is repealed.
            (B) The Klamath River Basin Fishery Resources Restoration 
        Act is amended--
                    (i) in section 2(b)(1) (16 U.S.C. 460ss-1(b)(1)) by 
                striking ``, in consultation with the task force 
                established under section 4,'';
                    (ii) in section 2(b)(2) (16 U.S.C. 460ss-1(b)(2)) 
                by striking ``, in cooperation with the task force 
                established under section 4,'';
                    (iii) in section 6(a) (16 U.S.C. 460ss-5(a)) by 
                striking ``and 4(i); and
                    (iv) by repealing section 4 (16 U.S.C. 460ss-3).

SEC. 7. TRINITY RIVER FLOW IMPLEMENTATION.

    (a) In General.--Notwithstanding any other provision of law, the 
record of decision by the United States Fish and Wildlife Service 
entitled ``Trinity River Mainstem Fishery Restoration'', issued by the 
Secretary of the Interior with the concurrence of the Hoopa Valley 
Tribe on December 19, 2000 (referred to in this section as the ``record 
of decision''), shall be considered to comply with all provisions of 
law under which, and subject to which, the record of decision was 
issued.
    (b) Implementation.--Upon enactment of this Act, the Secretary of 
the Interior, and any other person with respect to which the record of 
decision describes any right, authority, or obligation, shall implement 
and otherwise comply with the record of decision.

SEC. 8. REPORTING REQUIREMENTS.

    The Secretary of the Interior, acting through the Commissioner of 
the Bureau of Reclamation, shall submit to the Congress by no later 
than 90 days after the date of the enactment of this Act, and quarterly 
thereafter, a report describing the progress of the conservation 
programs in the Klamath Basin implemented pursuant to this Act.

SEC. 9. KLAMATH PROJECT IMPROVEMENT.

    In addition to the purposes of the Klamath Reclamation Project 
under the Act of February 9, 1905 (chapter 567; 33 Stat. 714), and 
other applicable law, the Secretary of the Interior shall operate and 
maintain the Project for the purposes of--
            (1) fish and wildlife and the maintenance and restoration 
        of national wildlife refuges in the Klamath Basin;
            (2) tribal trust responsibilities; and
            (3) water quality.

SEC. 10. KLAMATH BASIN NATIONAL WILDLIFE REFUGES.

    (a) Purpose of the Refuges.--The purpose of each of the Klamath 
Basin National Wildlife Refuges is to conserve migratory birds and 
other wildlife and the ecosystems upon which those species depend.
    (b) Refuge Water Supply Study.--
            (1) In general.--The Secretary of the Interior shall 
        conduct a study to determine the amount of water necessary to 
        sustain wetland habitats within the Klamath Basin National 
        Wildlife Refuges in order to meet the fish and wildlife 
        conservation purpose of the refuges.
            (2) Report.--The Secretary shall submit a report containing 
        the findings of this study to the Congress by no later than one 
        year after the date of enactment of this act. The report shall 
        include determinations regarding the following:
                    (A) The average monthly water deliveries to the 
                Klamath Basin National Wildlife Refuges from 1961 to 
                2002.
                    (B) The water necessary to sustain wetland habitats 
                in the Klamath Basin National Wildlife Refuges under 
                current management practices.
                    (C) The water necessary to sustain wetlands in the 
                Klamath Basin National Wildlife Refuges under optimal 
                fish and wildlife management.
                    (D) The opportunities for re-engineering the 
                current water delivery system into a more efficient 
                water delivery system.
                    (E) The feasibility of storing water within the 
                current boundaries of Lower Klamath National Wildlife 
                Refuge and Tule Lake National Wildlife Refuge.
                    (F) The nutritional and habitat values of 
                agricultural crops and native habitats for migratory 
                birds and other wildlife of the Klamath Basin National 
                Wildlife Refuges.
                    (G) The feasibility of storing water within the 
                boundaries of Lower Klamath National Wildlife Refuge as 
                established under Executive Order 924, dated August 8, 
                1908.
    (c) Water Storage Authority.--
            (1) In general.--The Secretary of the Interior may store 
        water on the Lower Klamath National Wildlife Refuge and the 
        Tule Lake National Wildlife Refuge, if such storage does not 
        compromise the waterfowl and wildlife habitat and values of the 
        refuge.
            (2) Use of stored water.--Water stored on a refuge under 
        this paragraph shall be dedicated solely to maintain and 
        restore wetland and open water habitats necessary to meet the 
        fish and wildlife conservation purpose of the refuge.
    (d) Water Deliveries to Refuges.--
            (1) In general.--The Secretary of the Interior shall 
        provide to the Klamath Basin National Wildlife Refuges on an 
        incremental basis such amounts of water, in addition to any 
        water stored pursuant to subsection (b), as are determined to 
        be necessary in the report required under subsection (a).
            (2) Deadline for full delivery.--The Secretary of the 
        Interior, by no later than 1 year after the date of enactment 
        of this Act, shall--
                    (A) implement full water deliveries to the Klamath 
                Basin National Wildlife Refuges; and
                    (B) ensure that the Klamath Basin National Wildlife 
                Refuges receive the water determined necessary under 
                subsection (a)(2)(B).
            (3) Deadline for delivery of water necessary for optimal 
        wetlands.--The Secretary of the Interior shall, by no later 
        than five years after the date of the enactment of this Act, 
        ensure that the Klamath Basin National Wildlife Refuges receive 
        the water determined to be necessary under paragraph (a)(2)(C).

SEC. 11. TRIBAL RIGHTS NOT DIMINISHED OR AFFECTED.

    Nothing in this Act is intended to in any way diminish the water, 
fishery, or other rights of the Tribes as confirmed by treaty, 
Executive Order, or other judicial, administrative, or legislative 
authority, or to diminish the obligations of the Secretary of the 
Interior on behalf of the United States to assert and protect such 
rights.
                                 <all>