[House Report 104-395]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-395
_______________________________________________________________________


 
TRINITY RIVER BASIN FISH AND WILDLIFE MANAGEMENT REAUTHORIZATION ACT OF 
                                  1995

                                _______


  December 11, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2243]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2243) to amend the Trinity River Basin Fish and Wildlife 
Management Act of 1984, to extend for three years the 
availability of moneys for the restoration of fish and wildlife 
in the Trinity River, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.''.

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'.''.

                          Purpose of the Bill

    The purposes of H.R. 2243 are to amend Public Law 98-541 to 
provide for the restoration of fish and wildlife in the Trinity 
River Basin, and to extend for three years the availability of 
monies for this restoration.

                  Background and Need for Legislation

    Located in northwest California, the Trinity River travels 
over 200 miles before joining the Klamath River, which runs to 
the Pacific Ocean not far south of the Oregon border. The 
Trinity River Basin drains approximately 3,000 square miles and 
has historically produced major chinook and coho salmon and 
steelhead trout populations.
    The Trinity River Division of the Central Valley Project in 
California included construction of the Trinity River and 
Lewiston Dams to divert a large part of the river's flow to the 
Central Valley of California for agricultural, municipal, and 
industrial uses. This diverted flow also passes through four 
hydroelectric plants and generates substantial amounts of 
electricity. The dams were completed in 1963.
    The Lewiston Dam at mile 112 blocked access to 109 miles of 
salmon and trout spawning and rearing habitat on the upper 
river. To compensate for this loss, the Trinity River Hatchery 
was constructed at Lewiston to provide fish for stocking. Water 
flow below the dam was set at 120,000 acre-feet annually to 
maintain the productivity of the lower river. Even with these 
measures, both salmon and trout populations declined at a rapid 
rate after the completion of the project. The reduced flow at 
120,000 acre-feet, down from an average annual flow of ten 
times that amount, allowed eroded sediments to fill holding 
pools and spawning and rearing areas. The reduced flow also 
allowed vegetation to become established along shallow 
stretches, further reducing rearing and spawning habitat. Other 
factors which contributed to loss of fish and wildlife 
populations were harmful land use, floods, fires, and an 
overharvest of some anadromous fish stocks. Currently, to 
ensure the return of a viable population of fish to the Klamath 
and Trinity Rivers, commercial fishing along a large area of 
the California and Oregon coast is banned.
    In 1974, State and Federal agencies formed the Trinity 
River Basin Fish and Wildlife Task Force to develop an action 
plan for the restoration of the lower river. This Task Force 
concluded that one small watershed, Grass Valley Creek, was 
responsible for the bulk of the sediment that was destroying 
habitat in the most productive stretches of the lower river. In 
1980, Congress authorized $3.5 million for the construction of 
Buckhorn Debris Dam and several sediment collection pools on 
Grass Valley Creek to control movement of sediments into the 
lower portion of the Trinity River. This dam was completed in 
1990 at a total cost of approximately $20 million.
    In 1981, the Department of the Interior planned to increase 
the lower river's flow to 340,000 acre-feet annually, to be 
reduced to 220,000 acre-feet in dry years and to 140,000 acre-
feet in drought years. Also, the U.S. Fish and Wildlife Service 
was to conduct a 12-year Trinity River Flow Evaluation to 
determine the effectiveness of the increased flows and habitat 
restoration measures. During the first six years of the study, 
a major drought occurred in California and flows were less than 
340,000 acre-feet for four of the six years. To ensure that 
adequate flows would be released for the remaining six years, 
the Secretary amended the earlier planned restrictions so that 
the minimum annual release would be 340,000 acre-feet. This 
limit remains in effect today.
    In May 1982, the Trinity River Task Force completed the 
Trinity River Basin Fish and Wildlife Management Program, which 
identified 11 actions designed to restore fish and wildlife 
habitat. This plan was embodied in legislation, Public Law 98-
541, in 1984. This Act directed the Secretary of the Interior 
to implement the action plan and establish a 14-member Trinity 
River Basin Fish and Wildlife Task Force. The Act also 
authorized $33 million to remain available until the end of 
Fiscal Year 1995 for design and construction under the 
management program.\1\ The Act also specified that restoration 
work on the lower river was to be delayed until the sediment 
control on Grass Valley Creek was complete, and that funds for 
Grass Valley Creek were not to be expended until cost-sharing 
arrangements were agreed upon with the State of California and 
the water and power authorities of the Central Valley Project.
    \1\ This amount was increased by $15 million under Public Law 102-
377 to purchase 17,000 acres of highly erodible land in the Grass 
Valley Creek watershed.
---------------------------------------------------------------------------
    The Trinity River Task Force issued a report in March 1993 
stating that all the program elements would not be completed by 
the end of Fiscal Year 1995 and recommended continuation of the 
program for another five years. The Task Force also estimated 
that an additional $21.9 million was needed to complete and 
fully implement all of the action plans.
    To date, restoration efforts in the Trinity River Basin 
include the modernization of the Lewiston Hatchery, the 
construction of the Buckhorn Debris Dam and sediment collection 
pools in the Grass Valley Creek, and the purchase and 
rehabilitation of 17,000 acres of highly erodible land in the 
Grass Valley Watershed. Other important habitat restoration 
efforts are underway, including replacement of spawning gravel 
below the Lewiston Dam, reestablishment of meander channels, 
dredging of pools in the Trinity River, and feather-tapering 
the river's edges--all to encourage natural fish spawning and 
rearing.
    Reauthorization of Public Law 98-541 will continue the 
restoration of the Grass Valley Creek Watershed, control 
sediment on tributary watersheds, restore the South Forks 
Trinity River fish habitat, and implement a wildlife management 
program. The reauthorization would also provide $2.4 million 
per year for three years for operation, maintenance, and 
monitoring expenses. These efforts will contribute strongly to 
rebuilding the populations of salmon and trout which are 
important to commercial, recreational, and Tribal fishing 
interests.

                            Committee Action

    H.R. 2243 was introduced on August 4, 1995, by Congressman 
Frank Riggs. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries, Wildlife and Oceans.
    On November 2, 1995, the Subcommittee held a hearing on 
H.R. 2243. Congressman Frank Riggs; Mr. David Cottingham, 
Counselor to the Assistant Secretary for Water and Science, 
Department of the Interior; Mr. Arnold Whitridge, Member, 
Trinity County Board of Supervisors; Mr. Thomas Weseloh, 
Northern California Manager, California Trout and Friends of 
the Trinity River; Mr. W.F. ``Zeke'' Grader, Jr., Executive 
Director, Pacific Coast Federation of Fishermen's Associations; 
and Mr. Michael Orcutt, Director of Fisheries, Hoopa Valley 
Tribe of California, all testified in support of the bill. 
Congressman Wally Herger submitted a statement in strong 
support of the legislation. All the witnesses persuasively 
argued that restoration of the Basin is of paramount importance 
to the economy and culture of northwestern California.
    On November 7, 1995, the Subcommittee on Fisheries, 
Wildlife and Oceans met to mark up H.R. 2243. At that time, 
Chairman Jim Saxton offered an amendment in the nature of a 
substitute that deleted section 4 (Alternatives for Enhancing 
Harvest Opportunities) of the introduced bill, restored 
language from the original Act dealing with the restoration of 
fish and wildlife populations, altered the membership of the 
Trinity River Basin Fish and Wildlife Task Force, and made 
other technical changes. This amendment was adopted by voice 
vote. The bill, as amended, was then approved by voice vote and 
ordered favorably reported to the Full Committee.
    On November 15, 1995, the Full Resources Committee met to 
consider H.R. 2243. An amendment en bloc was offered by 
Congressman Wayne Allard on behalf of Congressman John 
Doolittle which altered language in the bill pertaining to the 
potential increases in the ocean populations of salmon and 
trout relative to the restoration of salmon and trout 
production in the Trinity River Basin. This amendment passed by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis

Section 1. Short title

    This Act may be cited as the ``Trinity River Basin Fish and 
Wildlife Management Reauthorization Act of 1995''.

Section 2. Clarification of findings

    Section 2 clarifies the Congressional findings section of 
Public Law 96-541 to provide that fishery restoration is to be 
measured not only by the number of returning adult fish but by 
the ability of dependent Tribal, commercial, and sport 
fisheries to participate fully in the benefits of the 
restoration in the Basin. It also states that, to the extent 
that restored fish and wildlife populations in the Trinity and 
Klamath River will contribute to ocean populations, a 
management plan will aid the resumption of commercial and 
recreational fishing in the ocean.

Section 3. Changes to management program

    Section 3 amends Public Law 98-541 to state that to the 
extent restored populations contribute to ocean populations, 
the management program is intended to aid in the resumption of 
commercial and recreational fishing in the ocean. This section 
also provides that in formulating a management plan, the 
Secretary of the Interior, where appropriate, will consult with 
the Secretary of Commerce. Section 3 also authorizes 
restoration activity in portions of the Klamath River, 
clarifies the purpose of the Trinity River Fish Hatchery, and 
recognizes that more than one Indian tribe may participate in 
the Task Force.

Section 4. Additions to task force

    Section 4 expands the membership of the Trinity River Task 
Force found in section 3 of Public Law 98-541 by five members, 
including representation for commercial and recreational 
fishing interests, the Karuk Tribe, the timber industry, and 
the Yurok Tribe. This section also states that 120 days after 
the date of enactment, no action may be taken by the Task Force 
unless the new appointments have been made, that the Trinity 
River Basin Fish and Wildlife Task Force will coordinate 
efforts with the Klamath Fishery Management Council and Task 
Force, and that certain appointees may be reimbursed for 
expenses they incurred during their service on the Task Force.

Section 5. Appropriations

    Section 5 extends Public Law 98-541 by authorizing the 
management program for an additional three years and continues 
the authorization of $2.4 million per year for three years for 
operations, maintenance, and monitoring. This section allows 
the Secretary to request funds for monitoring, maintenance, and 
evaluation of restoration projects after they have been 
completed. This section also allows the Secretary to accept in-
kind services as payment for obligations incurred under the 
Act, limits the portion of management program funds to be used 
for overhead and indirect costs, and requires annual financial 
reports to Congress.

Section 6. No rights affected

    Section 6 amends Public Law 98-541 to stipulate that 
nothing in that Act is to be construed as establishing or 
affecting any past, present, or future rights of any Indian or 
Indian tribe, or any other individual or entity.

Section 7. Short title of 1984 act

    Section 7 designates Public Law 98-541 as the ``Trinity 
River Basin Fish and Wildlife Management Act of 1984''.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2243 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2243. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2243 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. The bill will not increase revenues but would 
reduce offsetting receipts to the Federal Government (less than 
$500,000 per year for the period 1996-1998).
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2243.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2243 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 8, 1995.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives, Washington, 
        DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2243, the Trinity 
River Basin Fish and Wildlife Management Reauthorization Act of 
1995.
    Enacting H.R. 2243 would affect direct spending. Therefore, 
pay-as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 2243.
    2. Bill title: Trinity River Basin Fish and Wildlife 
Management Reauthorization Act of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Resources on November 15, 1995.
    4. Bill purpose: H.R. 2243 would amend the 1984 Trinity 
River Basin, California, Fish and Wildlife Act (Public Law 98-
541), as amended, to extend the authorization of appropriations 
for the Trinity River Basin Fish and Wildlife Management 
Program through fiscal year 1998. The original authorization 
expired at the end of fiscal year 1995. The bill also would 
authorize the Secretary of the Interior to accept in-kind 
services as payment for obligations incurred by certain 
nonfederal entities under the act.
    5. Estimated cost to the Federal Government: CBO estimates 
that enacting H.R. 2243 would result in new discretionary 
spending of about $15 million between 1997 and 1999, assuming 
appropriation of the authorized amount. We also estimate that 
the bill would affect direct spending but that the changes 
would be less than $500,000 per year over the 1996-1998 period. 
There would be no impact on direct spending in 1999 or 2000. 
The following table summarizes the estimated budgetary impact 
of the bill.

----------------------------------------------------------------------------------------------------------------
                                                        1995      1996      1997      1998      1999      2000  
----------------------------------------------------------------------------------------------------------------
Spending subject to appropriations action:                                                                      
    Spending under current law:                                                                                 
        Budget authority............................         7         7         0         0         0         0
        Estimated outlays...........................         7         7         1         0         0         0
    Proposed changes:                                                                                           
        Estimated authorization level...............         0         0         7         7         0         0
        Estimated outlays...........................         0         0         6         7         1         0
    Spending under H.R. 2243:                                                                                   
        Estimated authorization level \1\...........         7         7         7         7         0         0
        Estimated outlays...........................         7         7         7         7         1         0
Additional direct spending:                                                                                     
    Estimated budget authority......................         0     (\2\)     (\2\)     (\2\)         0         0
    Estimated outlays...............................         0     (\2\)     (\2\)     (\2\)         0         0
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 and 1996 levels are the amounts appropriated for those years.                                      
\2\ Less than $500,000.                                                                                         

    The costs of this bill fall within budget function 300.
    6. Basis of estimate:

Spending subject to appropriation

    Assuming appropriation of the amounts authorized, CBO 
estimates that enactment of the bill would result in new 
discretionary spending totaling slightly less than $15 million 
over the 1997-1999 period. Roughly $10 million of this total 
would be for design and construction activities and about $5 
million would be for operations and maintenance.
    Authorization for Design and Construction.--H.R. 2243 would 
extend the period over which funds authorized under the 1984 
act for design and construction could be expended through 
fiscal year 1998. The original authority expired in fiscal year 
1995 and was extended to 1996 by the Fiscal Year 1996 
Appropriations for Energy and Water (Public Law 104-46). Based 
on information provided by the Bureau of Reclamation, and 
accounting for expected inflation over the next few years, CBO 
estimates that extending the authorization for design and 
construction activities through 1998 would cost about $10 
million, assuming appropriation of the authorized amounts. That 
total reflects the balance of previously authorized but 
unappropriated amounts from the ceiling on design and 
construction spending, as established in Public Law 98-541, as 
amended. (Public Law 98-541, as amended, establishes a ceiling 
of $48 million, but allows for increases to account for 
inflation. To date, $61 million has been appropriated. CBO 
estimates that the total authorization, after accounting for 
inflation over the 1996-1998 period, is about $71 million.)
    The Bureau of Reclamation has indicated that the amounts 
authorized under the 1984 act, as amended, are not sufficient 
to complete the design and construction of the management 
program. The Bureau estimates that $26 million (in 1995 
dollars) would be required to complete the program in addition 
to the $10 million discussed above. H.R. 2243 does not change 
the current spending ceiling, however, and these potential 
costs are therefore not included in this estimate.
    Authorization for Operations and Maintenance.--H.R. 2243 
also would authorize appropriations of $2.4 million a year for 
operation and maintenance of the management program through 
fiscal year 1998. The original authority of $2.4 million a year 
expired in fiscal year 1995 and was extended to fiscal year 
1996 by this year's appropriation bill (Public Law 104-46).

Direct spending

    CBO estimates that enacting H.R. 2243 would result in 
direct spending of less than $500,000 per year over the 1996-
1998 period. This reflects CBO's estimate of the receipts that 
would be lost by allowing the Secretary of the Interior to 
accept in-kind contributions instead of cash from certain 
nonfederal entities that are required by the 1984 act to share 
project costs.
    CBO estimates that the provision would affect roughly $1 
million of the annual payments due from cost-sharing partners. 
Payments by contributors that would qualify for this provision, 
however, have been less than $500,000 a year in recent years. 
Based on this recent payment history, CBO estimates that the 
provision would result in a loss of offsetting receipts of less 
than $500,000 a year. Based on information provided by the 
Bureau of Reclamation and the state of California (the primary 
cost-sharing partner that would qualify for the provision), CBO 
assumes that in-kind payments could not be made against unpaid 
cost-sharing obligations incurred prior to 1996, which total 
slightly more than $3 million.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enactment 
of H.R. 2243 would affect direct spending by allowing the 
Secretary of the Interior to accept in-kind contributions 
instead of financial payments from nonfederal entities that are 
required by the 1984 act to share project costs. A loss of 
offsetting receipts would increase direct spending and pay-as-
you-go procedures would apply to the bill. CBO estimates that 
the loss of offsetting receipts would be less than $500,000 a 
year.

----------------------------------------------------------------------------------------------------------------
                                                                1996               1997               1998      
----------------------------------------------------------------------------------------------------------------
Change in outlays......................................                  0                  0                  0
Change in receipts.....................................              (\1\)              (\1\)              (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.                                                                                             

    8. Estimated cost to State and local governments: The 1984 
Trinity River Basin Fish and Wildlife Act requires that federal 
expenditures for this project be matched by the state of 
California and the counties of Humboldt and Trinity, 
California, and by purchasers of water and power from the 
Trinity River division of the Central Valley Project. These 
purchasers include public utilities and water districts. The 
combined state and county match is 15 percent of federal 
spending and the required match by purchasers is 50 percent. 
Given CBO's estimate that federal expenditures under the bill 
would be $7 million per year in fiscal years 1997 and 1998, the 
required state and county contribution would be about $1 
million in each year, and the required contribution from water 
and power purchasers would be about $3.5 million annually.
    H.R. 2243 would benefit the state of California and the 
counties of Humboldt and Trinity, California, by amending the 
1984 act to allow these contributions to take the form of in-
kind services. Based on information provided by state 
officials, we estimate that the state and counties combined 
would save less than $500,000 per year in the next three years 
as a result of this change. Total spending would decline 
because amounts that would have been spent in any case on state 
and county programs would be counted as part of the match, 
allowing the state and counties to forgo additional payments to 
the federal government.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal cost estimate: Gary 
Brown; State and local cost estimate: Marjorie Miller.
    12. Estimate approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
2243.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                        ACT OF OCTOBER 24, 1984

 AN ACT To provide for the restoration of the fish and wildlife in the 
        Trinity River Basin, California, and for other purposes

                                findings

    Section 1. The Congress finds that--
          (1) * * *
          * * * * * * *
          (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;
          [(5)] (6) a fish and wildlife management program has 
        been developed by an existing interagency advisory 
        group called the Trinity River Basin Fish and Wildlife 
        Task Force; and
          [(6) the Secretary requires additional authority to 
        implement a basin-wide fish and wildlife management 
        program in order to achieve the long-term goal of 
        restoring fish and wildlife populations in the Trinity 
        River Basin to a level approximately that which existed 
        immediately before the start of the construction of the 
        Trinity River division.]
          (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.

          trinity river basin and wildlife management program

    Sec. 2. (a) Subject to subsection (b), the Secretary, in 
consultation with the Secretary of Commerce where appropriate, 
shall formulate and implement a fish and wildlife management 
program for the Trinity River Basin designed to restore the 
fish and wildlife populations in such basin to the levels 
approximating those which existed immediately before the start 
of the construction referred to in section 1(1) and to maintain 
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. 
The program shall include the following activities:
          (1) The design, construction, operation, and 
        maintenance of facilities to--
                  (A) rehabilitate fish habitats in the Trinity 
                River between Lewiston Dam and [Weitchpec;] 
                Weitchpec and in the Klamath River downstream 
                of the confluence with the Trinity River;
                  (B) rehabilitate fish habitats in tributaries 
                of such river below Lewiston Dam and in the 
                south fork of such river; and
                  (C) modernize and otherwise increase the 
                effectiveness of the Trinity River Fish 
                Hatchery, 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.
    (b)(1) The Secretary shall use the program described in 
section 1(5) of this Act as a basis for the management program 
to be formulated under subsection (a) of this section. In 
formulating and implementing such management program, the 
Secretary shall be assisted by an advisory group called the 
Trinity River Basin Fish and Wildlife Task Force established 
under section 3.
    (2) In order to facilitate the implementation of those 
activities under the management program over which the 
Secretary does not have jurisdiction, the Secretary shall 
undertake to enter into a memorandum of agreement with those 
Federal, State, and local agencies, and the Indian [tribe] 
tribes, represented on the Task Force established under section 
3. The memorandum of agreement should specify those management 
program activities for which the respective signatories to the 
agreement are primarily responsible and should contain such 
commitments and arrangements between and among the signatories 
as may be necessary or appropriate to ensure the coordinated 
implementation of the program.
          * * * * * * *

            trinity river basin fish and wildlife task force

    Sec. 3. (a) There is established the Trinity River Basin 
Fish and Wildlife Task Force (hereinafter in this Act referred 
to as the ``Task Force'') which shall be composed of [fourteen] 
nineteen members as follows:
          (1) * * *
          * * * * * * *
          (10) One officer or employee of the [United States 
        Soil Conservation Service] Natural Resource Soil and 
        Conservation Service to be appointed by the Secretary 
        of Agriculture.
          * * * * * * *
          (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.
    (c)(1) Members of the Task Force who are full-time officers 
or employees of the United States shall receive no additional 
pay, allowances, or benefits by reason of their service on the 
Task Force.
    (2) No moneys authorized to be appropriated under this Act 
may be used to pay any member of the Task Force for service on 
the Task Force or to reimburse any agency or governmental unit 
for the pay of any such member for such service. 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) 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.

                    authorization of appropriations

    Sec. 4. (a) Subject to subsection (b), there are authorized 
to be appropriated--
          (1) after fiscal year 1985, and to remain available 
        until October 1, [1995] 1998, for design and 
        construction under the management program formulated 
        under section 2(a), $33,000,000, adjusted appropriately 
        to reflect any increase or decrease in the engineering 
        cost indexes applicable to the types of construction 
        involved between (A) the month of May 1982, and (B) the 
        date of enactment of any appropriation for such 
        construction; and
          (2) for the cost of operations, maintenance, and 
        monitoring under that management program, $2,400,000 
        for each of the fiscal years in the [ten] 13-year 
        period beginning on October 1, 1985.
           * * * * * * *
    (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.
    [(d)] (h) For purposes of this section, the term ``Grass 
Valley Creek activities'' means the following activities 
authorized by the Act of September 4, 1980 (94 Stat. 1062):
          (1) The construction of the Grass Valley Creek debris 
        dam.
          (2) The construction, operation, and maintenance of 
        the sand dredging system in Grass Valley Creek.
    (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.


                         preservation of rights


    Sec. 5. Nothing in this Act shall be construed as 
establishing or affecting any past, present, or future rights 
of an Indian or Indian tribe or any other individual or entity.


                              short title


    Sec. 6. This Act may be cited as the ``Trinity River Basin 
Fish and Wildlife Management Act of 1984''.