[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5213 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5213

   To direct the Secretary of Commerce to provide emergency disaster 
assistance to mitigate the economic losses caused by declining Klamath 
River salmon and to develop and implement a research and recovery plan 
           for Klamath River salmon, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2006

   Mr. Thompson of California (for himself, Mr. DeFazio, Mr. Wu, Ms. 
 Hooley, Mr. Blumenauer, Ms. Pelosi, Mr. George Miller of California, 
Mr. Farr, Mr. Costa, Ms. Woolsey, Mrs. Tauscher, Mrs. Capps, Ms. Eshoo, 
Mr. Lantos, Ms. Matsui, Mr. Cardoza, Mr. Honda, Mr. Waxman, Ms. Roybal-
  Allard, Ms. Lee, Mr. Stark, Mr. Sherman, Mr. Berman, Mr. Baca, Ms. 
Loretta Sanchez of California, Ms. Linda T. Sanchez of California, Ms. 
Solis, Mr. Schiff, Mr. Becerra, Ms. Harman, Mr. Filner, Ms. Waters, Ms. 
 Watson, Ms. Zoe Lofgren of California, Mrs. Davis of California, and 
   Ms. Millender-McDonald) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Commerce to provide emergency disaster 
assistance to mitigate the economic losses caused by declining Klamath 
River salmon and to develop and implement a research and recovery plan 
           for Klamath River salmon, 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. IMPLEMENTATION OF KLAMATH RIVER SALMON PROTECTION MEASURES 
              AND DISASTER ASSISTANCE.

    (a) Klamath River Fall Chinook and Coho Salmon Protection 
Measures.--
            (1) In general.--The Secretary of Commerce shall develop 
        and implement a coordinated, comprehensive research and 
        recovery program for Klamath River Fall Chinook salmon and 
        Klamath River Fall Coho salmon.
            (2) Program features.--The program shall be designed to 
        study or implement--
                    (A) in-river monitoring of Ceratomyxa Shasta and 
                Parvicapsula minibicornus, and implementation of any 
                immediate protective measures against such pathogens;
                    (B) additional ocean and in-river fisheries 
                population monitoring;
                    (C) completion of a recovery plan for Coho salmon 
                on the Klamath River;
                    (D) operation and maintenance of stream gauges for 
                flow monitoring on the Klamath River and its 
                tributaries, including the Shasta, Scott, Salmon and 
                Trinity Rivers;
                    (E) fish passage in the Klamath National Forest, 
                and Six Rivers National Forest; and
                    (F) restoration of aquatic habitats in the Klamath 
                River basin with emphasis on the Klamath and its 
                tributaries below Iron Gate Dam.
            (3) Deadline for issuance of recovery plan.--The Secretary 
        shall issue a recovery plan for Coho salmon on the Klamath 
        River for purposes of paragraph (2)(C) by not later than 6 
        months after the date of the enactment of this Act.
            (4) Appropriation.--
                    (A) In general.--To implement out the program 
                developed under this subsection, there is appropriated 
                to the Secretary of Commerce $45,000,000, which shall 
                remain available until expended.
                    (B) Limitation on use of funds.--None of the 
                amounts appropriated under this paragraph may be 
                distributed before the date the Secretary issues a 
                salmon recovery plan under paragraph (3).
    (b) Emergency Disaster Assistance.--
            (1) Authorization of payment.--The Secretary of Commerce 
        shall make a direct payment to the Pacific States Marine 
        Fisheries Commission to distribute to fishing communities, 
        Indian tribes, businesses, holders of community development 
        quotas issued under the Magnuson-Stevens Fishery Conservation 
        and Management Act, individuals, and other entities as 
        emergency disaster assistance to mitigate the economic losses 
        caused by declining Klamath River Fall Chinook salmon.
            (2) Payment recipient reports.--The Secretary of Commerce 
        shall require that the Pacific States Marine Fisheries 
        Commission shall, within 6 months after receiving a payment 
        under this subsection, submit to the Secretary of Commerce and 
        the Committee on Appropriations of the House of Representatives 
        and the Senate a report describing the persons to whom the 
        payment was distributed and the rationale for such 
        distributions.
            (3) Exclusion of payments from gross income.--For purposes 
        of the Internal Revenue Code of 1986--
                    (A) Exclusion.--Gross income shall not include any 
                amount received as a payment or distribution under 
                paragraph (1).
                    (B) Denial of double benefit.--Rules similar to the 
                rules of subsections (g)(3) and (h) of section 139 of 
                such Code shall apply with respect to any amount 
                excluded under subparagraph (A).
            (4) Appropriation.--There is appropriated to the Secretary 
        of Commerce $81,000,000 to make payments under this subsection. 
        Any amount appropriated pursuant to this subsection that is not 
        used or otherwise obligated shall be returned to the fund of 
        the Treasury.
    (c) Reports by Secretaries.--Not later than one year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
Commerce shall report to the Congress on progress in implementing 
subsection (a) and specifically note how projects under subsection (a) 
have increased water quantity, improved water quality, increased salmon 
populations, and specifically benefited salmon spawning habitat.
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