[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2662 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2662

   To direct the Secretary of Commerce to provide emergency disaster 
  assistance to mitigate the economic losses caused by salmon fishery 
   restrictions along the California and Oregon coast, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2006

 Mr. Smith (for himself and Mr. Wyden) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Commerce to provide emergency disaster 
  assistance to mitigate the economic losses caused by salmon fishery 
   restrictions along the California and Oregon coast, 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. EMERGENCY DISASTER ASSISTANCE.

    (a) Authorization of Payment.--The Secretary of Commerce shall make 
a direct payment to the Pacific States Marine Fisheries Commission for 
distribution to mitigate the economic losses caused by federal 
fisheries restrictions put in place to meet the needs of Klamath River 
Fall Chinook Salmon. The money provided to the Pacific States Marine 
Fisheries Commission shall be distributed to--
            (1) persons or entities, including federally recognized 
        Indian tribes, which have experienced significant economic 
        hardship as a result of federal fisheries closures or fishing 
        restrictions;
            (2) small businesses including fishermen, fish processors, 
        and related businesses serving the fishing industry including, 
        but not limited to, cold storage facilities, ice houses, docks, 
        and other related shoreside fishery support facilities and 
        infrastructure; and
            (3) state and local governments adversely affected by 
        reductions in fish landing fees and other fishing-related 
        revenue.
    (b) Limitations on Distributions.--Distributions authorized under 
this section may be made in areas declared by the Governor of a state 
to be in a state of emergency due to Klamath River basin conditions and 
limitations on ocean commercial and sport salmon fishing.
    (c) Purpose of Distributions.--Distributions may be made for the 
purposes described in section 312(a)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(a)(2)).
    (d) Limitation on Administrative Costs.--Not more than 4 percent of 
such funds provided to the Pacific States Marine Fisheries Commission 
for disaster relief distributions may be used for administrative 
expenses, and no funds may be used for lobbying activities or 
representational expenses. Any funds not distributed by the end of 
fiscal year 2008 shall be returned to the Treasury.
    (e) Relief Distribution 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 
section, and every 6 months thereafter, submit to the Secretary of 
Commerce and the Committee on Appropriations of the House of 
Representatives and the Senate a report listing the persons and 
entities to whom the payment was distributed and the rationale for such 
distributions.
    (f) Exclusion of Payments From Gross Income.--For the purposes of 
the Internal Revenue Code of 1986--
            (1) Exclusion.--Gross income shall not include any amount 
        received as a payment or distribution under subsection (a).
            (2) 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 
        (1).
    (g) Appropriation.--There is appropriated to the Secretary of 
Commerce $81,000,000 to make the payment under this section for 
fisheries disaster assistance.
                                 <all>