II 109th CONGRESS 2d Session S. 2649 IN THE SENATE OF THE UNITED STATES April 25, 2006 Mrs. Boxer (for herself, Mr. Wyden, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Commerce to provide emergency disaster assistance to mitigate the economic losses caused by the declining Klamath River salmon and to develop and implement a research and recovery plan for Klamath River salmon, and for other purposes.

1.

Short title

This Act may be cited as the Salmon Assistance and Recovery Act of 2006.

2.

Implementation of Klamath River salmon protection measures and disaster relief

(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 River and its tributaries below Iron Gate Dam. (3)

Deadline for issuance of recover plan

Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce shall complete and make available to the public the recovery plan described in paragraph (2)(C). (4)

Authorization of appropriations

(A)

In general

There is authorized to be appropriated to the Secretary of Commerce to implement the program developed under this subsection $45,000,000, which shall remain available until expended. (B)

Limitation on use of funds

None of the amounts appropriated pursuant to the authorization of appropriations in subparagraph (A) may be distributed prior to the date the Secretary of Commerce completes and makes available to the public the recovery plan described in paragraph (2)(C). (b)

Emergency disaster assistance

(1)

Authorization of payments

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 (16 U.S.C. 1801 et seq.), 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, not later than 6 months after the date that the Commission receives a payment under this subsection, submit to the Secretary of Commerce and the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report describing the persons to whom the payment was distributed and the rationale for such distribution. (3)

Authorization of appropriations

There is authorized to be 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 general fund of the Treasury. (c)

Reports

Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce shall submit to Congress a report on the progress made to implement subsection (a). Each report shall specifically described the manner in which projects carried out under subsection (a) have increased water quantity, improved water quality, increased salmon populations, and specifically benefitted salmon spawning habitat.