[Congressional Record Volume 141, Number 197 (Tuesday, December 12, 1995)]
[House]
[Pages H14277-H14279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




TRINITY RIVER BASIN FISH AND WILDLIFE MANAGEMENT REAUTHORIZATION ACT OF 
                                  1995

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2243) to amend the Trinity River Basin Fish and 
Wildlife Management Act of 1984, to extend for 3 years the availability 
of moneys for the restoration of fish and wildlife in the Trinity 
River, and for other purposes, as amended.
  The Clerk read, as follows:

                               H.R. 2243

       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.''.
     
[[Page H14278]]


     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'.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska [Mr. Young] will be recognized for 20 minutes, and the gentleman 
from California [Mr. Miller] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Alaska [Mr. Young].
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I strongly support H.R. 2243, to 
extend the Trinity River Basin Fish and Wildlife Act of 1984.
  This bill, introduced by our distinguished colleague from California, 
Frank Riggs, will build upon the successes of the past decade and 
continue the important work of rebuilding valuable fish and wildlife 
populations in the Trinity River Basin.
  Furthermore, the legislation will expand the membership of the 
Trinity River task force to include representatives from commercial, 
recreational, and tribal fishing interests. By broadening the 
membership of the task force, I am confident that the Secretary of the 
Interior will receive new and valuable advice on innovative ways to 
improve the Trinity River Basin in the future.
  I urge the adoption of H.R. 2243, and I compliment Frank Riggs for 
his tireless work on behalf of his constituents.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I join my colleague from Alaska in supporting the 
enactment of H.R. 2243, the Trinity River Basin Fish and Wildlife 
Management Reauthorization Act of 1995.
  Mr. Speaker, a little over 30 years ago, Federal dams on the Trinity 
River in northern California began taking up to 90 percent of the 
river's flow and sending it west through the mountains to the 
Sacramento Valley. From there, Trinity River water flowed south, 
ultimately to irrigate cotton and tomato fields in the San Joaquin 
Valley. Unfortunately, diversions from the Trinity River Basin have 
devastated fish populations.
  The health of the Trinity River is crucial to the well-being of 
Indian communities and to the commercial and recreational fishing 
economies. H.R. 2243 will help ensure that future decisions that affect 
flows in the Trinity River will be based on good science and an 
understanding of the hydrology and biology of this complex river 
system.
  This bill will clarify the goals of the Trinity River Fish and 
Wildlife Restoration Program and will extend the authorization of the 
Trinity River Fish and Wildlife task force.
  The restoration program and the task force are strongly supported by 
commercial fishing interests, including the Pacific Coast Federation of 
Fishermen's Associations; sport fishing interests; native Americans who 
depend on the river and its fishery; environmentalists; and other 
stakeholders in the Trinity River Basin. The restoration program enjoys 
broad support because it is based on good science and because it is 
producing results.
  While I strongly support the work of the restoration program and the 
task force, I remain concerned that agricultural interests in the 
Sacramento and San Joaquin Valleys are still interested in diverting as 
much water as they can away from the Trinity River Basin. In 
particular, H.R. 2738, Mr. Doolittle's bill to rewrite the 1992 Central 
Valley Project Improvement Act, includes provisions that will undermine 
and perhaps nullify efforts to restore the Trinity, and perhaps even 
open the way for more water conflicts throughout California. 
California's Constitution and State laws are clearly designed to 
protect areas of origin such as the Trinity River Basin, and these 
concepts were incorporated by Congress into the 1955 law that 
authorized construction of the Trinity River division of the Central 
Valley project. I will strongly oppose proposals that violate these 
precepts, and I caution my colleagues to be aware of plans for further 
assault on these critical fishery resources.
  Mr. Speaker, I have no further requests for time, and I reserve the 
balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield 3 minutes to the gentleman 
from California [Mr. Herger].
  Mr. HERGER. Mr. Speaker, I rise in strong support of H.R. 2243, the 
Trinity River Basin Fish and Wildlife Management Reauthorization Act of 
1995. I wish to acknowledge and thank my colleague, Frank Riggs, and 
his staff for their efforts to bring this legislation to the floor. I 
also wish to thank Chairman Saxton, Chairman Doolittle, Chairman Young, 
and their staff for their help and cooperation moving H.R. 2243 through 
committee.
  Mr. Speaker, the reauthorization of the Trinity River restoration 
program enjoys broad support from the residents of Trinity County in 
northern California. Congress authorized the restoration program in 
1984 to study the effect of increased stream flow and watershed 
rehabilitation within the Trinity River system. The primary purpose of 
the program is to restore fish habitat that was lost due to the 
construction of Lewiston and Trinity Dams. The program gives priority 
to rehabilitating spawning areas for winter and spring-run chinook 
salmon.
  Mr. Speaker, H.R. 2243 extends the Trinity River program for 3 years. 
This will authorize completion of an environmental impact statement 
that the Secretary of the Interior will use to establish an adequate 
stream flow for salmon populations. It will also authorize additional 
river bank restoration projects intended to maximize the effectiveness 
of streamflow modifications.
  As members of the California delegation can attest, our State's water 
supply, particularly within the Central Valley project, is used for a 
variety of important purposes and is constantly stretched to the limit. 
Efficient water use is therefore, essential to meeting the demands of 
the future.
  H.R. 2243 will maximize water use within the Trinity River system by 
helping to establish an appropriate balance between riverbank 
restoration and stream flow. The benefits of this balance will be 
rejuvenated fisheries and a more stable long-term supply of water for 
counties of origin, recreation, agriculture, wildlife habitat, 
industry, and a host of other important water uses.
  Mr. Speaker, this is a good bill, and I urge my colleagues to vote in 
favor of its passage.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I urge the support of this 
legislation.
  Mr. SAXTON. Mr. Speaker, I am pleased to present to the House of 
Representatives H.R. 2243, a bill introduced by our colleague from 
California, Frank Riggs, to reauthorize the Trinity River Basin Fish 
and Wildlife Act of 1984.
  During the past 10 years, nearly $60 million has been spent on trying 
to restore the habitat of the Trinity River Basin in an effort to 
rebuild the populations of various fish and wildlife species, including 
chinook and coho salmon and steelhead trout.
  Among the accomplishments of the Trinity River Basin Fish and 
Wildlife Act are the construction of the Buckhorn Debris Dam, the 
modernization of the Lewiston Hatchery, and the purchase and 
rehabilitation of 17,000 acres of highly erodible lands along Grass 
Valley Creek.
  H.R. 2243, which was the subject to a hearing before the Subcommittee 
on Fisheries, Wildlife and Oceans on November 2, will extend the 
Trinity River Basin Fish and Wildlife Management Program for another 3 
years; expand the membership of the task force to include 
representatives from the timber industry and commercial, recreational, 
and tribal fishing interests; and will specify that stocking the 
Trinity River with hatchery fish should not impair efforts to restore 
naturally reproducing stocks.
  At that subcommittee hearing, every witness testified in support of 
the reauthorization of the act; and there was a consensus that the 
Trinity River is the principal natural asset of this broad geographic 
region and crucial component of the economy.

  The goal of H.R. 2243 is simple: to restore fish and wildlife 
populations in the Trinity River Basin. While working with the sponsor 
of this bill and other interested Members, it has become very clear 
that this legislation attempts 

[[Page H14279]]
to walk through a mine field of other issues that are not so simple. At 
the subcommittee markup, the bill was refined to address most of the 
recommended changes. I hope that we will continue to walk carefully 
through that mine field without attempting to refight the California 
water wars of the past.
  Mr. Speaker, proponents of this legislation have persuasively argued 
that restoration of the Trinity River Basin is of paramount importance 
to the economy and culture of northwestern California. Reauthorization 
will allow this program to march forward and to complete a number of 
high priority efforts including the restoration of the Grass Valley 
Creek watershed, the South Fork fish habitat and watershed, and to 
implement a wildlife management program.
  I strongly support H.R. 2243 and I want to compliment Congressman 
Frank Riggs for his effective leadership in this matter. I urge the 
adoption of H.R. 2243.
  This bill to extend the authorization of the Trinity River 
Restoration Act for 3 years is extremely important to Northern 
California, and I ask my colleagues to vote in favor of passage.
  I want to thank the managers of this bill--the Chairman [Mr. Saxton] 
and Ranking Minority Member [Mr. Studds] of the Fisheries Subcommittee, 
as well as the Chairman [Mr. Young] and Ranking Minority Member [Mr. 
Miller] of the full Resources Committee. They gave this measure their 
priority attention.
  I ask unanimous consent that my statement in support of the bill be 
included in the Record with the debate on H.R. 2243.
  Mr. RIGGS. Mr. Speaker, I strongly recommend that the House approve 
H.R. 2243, legislation that my colleague from California [Mr. Herger] 
and I introduced on August 4th of this year to reauthorize of the 
Trinity River Restoration Act.
  Trinity River water began to be diverted into the Sacramento River 
basin in 1963. Average annual runoff of 1.2 million acre-feet declined 
to 120,000 acre-feet. This had a devastating impact on fisheries that 
historically had produced total spawning escapements of 100,000 Chinook 
and Coho salmon and steelhead.
  Correcting the problem required action in three areas; Stream flow, 
harvest management, and watershed stabilization. The Secretary of the 
Interior administratively increased stream flow to 340,000 acre-feet, 
action subsequently ratified by Congress an amendment I offered to the 
Central Valley Project Improvement Act. In 1984, Congress passed the 
Trinity River Basin Fish and Wildlife Act, authorizing appropriations 
of $57 million over a 10-year period. Another $15 million was approved 
in 1993 for purchases of 17,000 acres in the Grass Valley Creek 
watershed and other program needs.
  While I was able to include a temporary extension of the Restoration 
Act in the 1996 Energy and Water Development Appropriations Act, 
enactment of this legislation is important to continuation of the 
restoration program, reauthorization will set the stage for the 1996 
release by the Secretary of the Interior of the Flow Study required by 
the 1984 Act.
  A restored Trinity river will have an impact well beyond the 
immediate area. As the largest tributary of the Klamath River, a 
healthy Trinity will benefit the economy of a wide area of California 
and Oregon.
  Success in our restoration efforts will also demonstrate that the 
Federal Government is keeping its promise to correct environmental 
degradation which it has caused.
  The bill being considered by the House today was drafted after the 
Water and Power Subcommittee held an oversight hearing on the Trinity 
River Restoration Act last July. At that hearing, concerned individuals 
suggested elements that should be included in any new legislation.
  H.R. 2243 incorporates elements of a bill proposed by the 
Administration last March. It also reflects a consensus of the major 
Trinity River stakeholders that enhanced fish harvest opportunities 
both in-river and in the ocean are measures of a healthy Trinity. The 
fact that a consensus could be reached among such diverse groups as 
Indian Tribes, commercial fishermen, and environmental organizations is 
a tribute to their concern for the Trinity.
  Mr. Speaker, key provisions of H.R. 2243 include the following.
  The findings of the original Act are expanded to emphasize the 
importance of ocean harvest opportunities, recognizing, of course, that 
many factors contribute to the health of our ocean fisheries.
  Restoration activity is authorized in the Klamath River, downstream 
from its intersection with the Trinity to the ocean.
  The bill clarifies that the purpose of the Trinity River Fish 
Hatchery is mitigation of fish habitat loss above Lewiston Dam; it 
should not impair efforts to restore and maintain naturally reproducing 
fish stocks.
  The Trinity River Task Force would be expanded to include 
representatives of the Yurok and Karuk Tribes, plus commercial fishing, 
sport fishing, and timber industry interests.
  The restoration program is extended for three years under the 
existing authorization of appropriations. In-kind services can be 
accepted as match, and overhead and indirect costs are limited to 20 
percent.
  Mr. Speaker, I am pleased that reauthorization of the Trinity River 
Restoration Act has broad bipartisan support. I particularly want to 
thank the Chairman [Mr. Saxton] and Ranking Minority Member [Mr. 
Studds] of the Fisheries Subcommitted, as well as the Chairman [Mr. 
Young] and Ranking Minority Member [Mr. Miller] of the full Resources 
Committee, for giving this measure their priority attention.
  I urge my colleagues to vote in favor of H.R. 2243.
  Mr. MILLER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. the question is on the motion offered by the 
gentleman from Alaska [Mr. Young] that the House suspend the rules and 
pass the bill, H.R. 2243, as amended.
  The question was taken.
  Mr. YOUNG of Alaska. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________