Collapse to view only § 460ss-6. Definitions
- § 460ss. Findings
- § 460ss-1. Establishment
- § 460ss-2. Klamath Fishery Management Council
- § 460ss-3. Klamath River Basin Fisheries Task Force
- § 460ss-4. Enforcement
- § 460ss-5. Appropriations
- § 460ss-6. Definitions
§ 460ss. Findings
The Congress finds that—
(1) the Klamath and Trinity Rivers have been placed under the California and National Wild and Scenic Rivers Systems to protect their outstanding anadromous fishery values;
(2) the Klamath and Trinity Rivers provide fishery resources necessary for Indian subsistence and ceremonial purposes, ocean commercial harvest, recreational fishing, and the economic health of many local communities;
(3) floods, the construction and operation of dams, diversions and hydroelectric projects, past mining, timber harvest practices, and roadbuilding have all contributed to sedimentation, reduced flows, and degraded water quality which has significantly reduced the anadromous fish habitat in the Klamath-Trinity River System;
(4) overlapping Federal, State, and local jurisdictions, inadequate enforcement of fishery harvest regulations, and ineffective fishery management have historically hampered fishery conservation efforts and prevented the Federal Government and the State of California from fulfilling their responsibilities to protect the rivers’ anadromous fishery values;
(5) the Klamath-Trinity fall chinook salmon populations have declined by 80 percent from historic levels and steelhead trout have also undergone significant reductions;
(6) Klamath River Basin Fisheries Resource Plan has been developed by the Secretary acting through the Bureau of Indian Affairs;
(7) the Klamath Salmon Management Group, a group of agencies with fishery management responsibility, has established, in cooperation with the users of the Klamath-Trinity River Basin fishery resources, a sound framework for the future coordination of fishery harvest management;
(8) a new Klamath-Trinity River Basin Management authority, composed of the Klamath Salmon Management Group and representatives of users of the fishery resources of the Klamath-Trinity River Basin, is needed to ensure more effective long-term coordination of the Klamath-Trinity River fisheries under sound conservation and management principles that ensure adequate spawning escapement; and
(9) the Secretary has the authority to implement a restoration program only in the Trinity River Basin and needs additional authority to implement a restoration program in cooperation with State and local governments to restore anadromous fish populations to optimum levels in both the Klamath and Trinity River Basins; 1
1 So in original. The semicolon probably should be a period.
(Pub. L. 99–552, § 1, Oct. 27, 1986, 100 Stat. 3080.)
§ 460ss–1. Establishment
(a) In general
(b) Restoration program
(1) Establishment
(2) Program activitiesIn carrying out the objectives of the program, the Secretary, in cooperation with the task force established under section 460ss–3 of this title, shall—
(A) monitor and coordinate research evaluating the Area anadromous fish populations and administer and evaluate the success of activities described in subparagraph (B); and
(B) take such actions as are necessary to—
(i) improve and restore Area habitats, and to promote access to blocked Area habitats, to support increased run sizes;
(ii) rehabilitate problem watersheds in the Area to reduce negative impacts on fish and fish habitats;
(iii) improve existing Area hatcheries and rearing ponds to assist in rebuilding the natural populations;
(iv) implement an intensive, short-term stocking program to rebuild run sizes while maintaining the genetic integrity and diversity of Area subbasin stocks; and
(v) improve upstream and downstream migration by removal of obstacles to fish passage and the provision of facilities for avoiding obstacles.
(3) Restoration workTo the extent practicable, any restoration work performed under paragraph (2)(B) shall be performed by unemployed—
(A) commercial fishermen;
(B) Indians; and
(C) other persons whose livelihood depends upon Area fishery resources.
(4) Memorandum of agreement
(Pub. L. 99–552, § 2, Oct. 27, 1986, 100 Stat. 3081.)
§ 460ss–2. Klamath Fishery Management Council
(a) Establishment
(b) Functions
(1) The Council shall—
(A) establish a comprehensive long-term plan and policy, that must be consistent with the goals of the program, for the management of the in-river and ocean harvesting that affects or may affect Klamath and Trinity River basin anadromous fish populations;
(B) make recommendations, that must be consistent with the plan and policy established under subparagraph (A) and with the standards in paragraph (2)—
(i) to the California Fish and Game Commission regarding in-river and offshore recreational harvesting regulations,
(ii) to the Oregon Department of Fish and Wildlife regarding offshore recreational harvesting regulations,
(iii) to the Pacific Fishery Management Council regarding ocean harvesting regulations,
(iv) to the Bureau of Indian Affairs regarding regulations for harvesting in the Area by non-Hoopa Indians, and
(v) to the Hoopa Valley Business Council regarding regulations for harvesting in the Area by members of the Hoopa Indian Tribe; and
(C) conduct public hearings on any regulation referred to in subparagraph (B)(i) through (v).
(2) Any recommendation made by the Council under paragraph (1)(B) regarding harvesting regulations shall—
(A) be based upon the best scientific information available;
(B) minimize costs where practicable, and avoid unnecessary duplication of regulations;
(C) take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches; and
(D) be designed to achieve an escapement that preserves and strengthens the viability of the Area’s natural anadromous fish populations.
(c) Membership and appointmentThe Council is composed of 11 members as follows:
(1) A representative, who shall be appointed by the Governor of California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sportfishing community.
(C) The offshore recreational fishing industry.
(D) The California Department of Fish and Game.
(2) A representative of the Hoopa Indian Tribe who shall be appointed by Hoopa Valley Business Council.
(3) A representative, who shall be appointed by the Secretary, of each of the following:
(A) The non-Hoopa Indians residing in the Area.
(B) The Department of the Interior.
(4) A representative, who shall be appointed by the Secretary of Commerce, of each of the following—
(A) The National Marine Fisheries Service.
(B) The Pacific Fishery Management Council.
(5) A representative, who shall be appointed by the Governor of Oregon, of each of the following:
(A) The commercial salmon fishing industry.
(B) The Oregon Department of Fish and Wildlife.
(d) Consultation requirement
(e) Qualifications
(f) Terms
(1) In general
(2) Service
(3) Vacancies
(g) Transaction of business
(1) ProceduresThe Council shall establish practices and procedures for the carrying out of its functions under subsection (b). The procedures shall include requirements that—
(A) a quorum of the Council must be present before business may be transacted; and
(B) no comprehensive plan or recommendation referred to in subsection (b)(1)(A) or (B) may be adopted by the Council except by the unanimous vote of all members present and voting.
(2) Chairman
(3) Meetings
(h) Staff and administration
(1) Administrative support
(2) Information
(3) Organization
(i) Federal or State employees
(j) Expenses
(1) Travel expenses
(2) Limitation on spending authority
(Pub. L. 99–552, § 3, Oct. 27, 1986, 100 Stat. 3082; Pub. L. 100–653, title VI, §§ 602(a), 603(1), (2), Nov. 14, 1988, 102 Stat. 3830.)
§ 460ss–3. Klamath River Basin Fisheries Task Force
(a) Establishment
(b) FunctionsThe Task Force—
(1) shall assist the Secretary in the formulation, coordination, and implementation of the program;
(2) shall assist, and coordinate its activities with, Federal, State, and local governmental or private anadromous fish restoration projects within the Area;
(3) shall conduct any other activity that is necessary to accomplish the objectives of the program; and
(4) may act as an advisor to the Council.
(c) Membership and appointmentThe Task Force is composed of 14 members as follows:
(1) A representative, who shall be appointed by the Governor of California, of each of the following:
(A) The commercial salmon fishing industry.
(B) The in-river sport fishing community.
(C) The California Department of Fish and Game.
(2) A representative of the Hoopa Indian Tribe who shall be appointed by the Hoopa Valley Business Council.
(3) A representative of the Department of the Interior who shall be appointed by the Secretary.
(4) A representative of the National Marine Fisheries Service who shall be appointed by the Secretary of Commerce.
(5) A representative of the Department of Agriculture who shall be appointed by the Secretary of Agriculture.
(6) A representative of the Oregon Department of Fish and Wildlife who shall be appointed by the Governor of Oregon.
(7) One individual who shall be appointed by the Board of Supervisors of Del Norte County, California.
(8) One individual who shall be appointed by the Board of Supervisors of Siskiyou County, California.
(9) One individual who shall be appointed by the Board of Supervisors of Humboldt County, California.
(10) One individual who shall be appointed by the Board of Supervisors of Trinity County, California.
(11) A representative of the Karuk Tribe, who shall be appointed by the governing body of the Tribe,1
1 So in original. The comma probably should be a period.
(12) A representative of the Yurok Tribe, who shall be appointed by the Secretary until such time as the Yurok Tribe is organized upon which time the Yurok Tribe shall appoint such representative beginning with the first appointment ordinarily occurring after the Yurok Tribe is organized 2
2 So in original. Probably should be followed by a period.
(d) Council membership not a bar to Task Force appointment
(e) Terms
(1) In general
(2) Service
(3) Vacancies
(f) Transaction of business
(1) Procedures
(2) Chairman
(3) Meetings
(g) Staff and administration
(1) Administrative support
(2) Information
(3) Organization
(h) Members who are Federal or State employees
(i) Expenses
(1) Travel expenses
(2) Limitation on spending authority
(j) Membership increase upon program expansionAt such time as the program is expanded to include portions of the Klamath River upstream from the Iron Gate dam, membership on the Task Force shall be increased to include the following—
(1) One individual who shall be appointed by the Commissioners of Klamath County, Oregon.
(2) A representative of the Klamath Tribe, who shall be appointed by the governing body of the Tribe.
(Pub. L. 99–552, § 4, Oct. 27, 1986, 100 Stat. 3084; Pub. L. 100–580, § 12(a), Oct. 31, 1988, 102 Stat. 2935; Pub. L. 100–653, title VI, §§ 601, 602(b), 603(1), Nov. 14, 1988, 102 Stat. 3829, 3830; Pub. L. 102–570, § 2, Oct. 29, 1992, 106 Stat. 4490.)
§ 460ss–4. Enforcement
(a) Memorandum of agreement 1
1 So in original. No subsec. (b) has been enacted.
(Pub. L. 99–552, § 5, Oct. 27, 1986, 100 Stat. 3085.)
§ 460ss–5. Appropriations
(a) Authorization
(b) Cost-sharing
(1) 50 percent of the cost of the development and implementation of the program must be provided by one or more non-Federal sources on a basis considered by the Secretary to be timely and appropriate. For purposes of this subsection, the term “non-Federal source” includes a State or local government, any private entity, and any individual.
(2) In addition to cash outlays, the Secretary shall consider as financial contributions by a non-Federal source the value of inkind contributions and real and personal property provided by the source for purposes of implementing the program. Valuations made by the Secretary under this paragraph are final and not subject to judicial review.
(3) For purposes of paragraph (2), inkind contributions may be in the form of, but are not limited to, personal services rendered by volunteers.
(4) The Secretary shall by regulation establish—
(A) the training, experience, and other qualifications which such volunteers must have in order for their services to be considered as inkind contributions; and
(B) the standards under which the Secretary will determine the value of inkind contributions and real and personal property for purposes of paragraph (2).
(5) The Secretary may not consider the expenditure, either directly or indirectly, with respect to the program of Federal moneys received by a State or local government to be a financial contribution by a non-Federal source to carry out the program.
(Pub. L. 99–552, § 6, Oct. 27, 1986, 100 Stat. 3085; Pub. L. 100–653, title VI, § 603(3), (4), Nov. 14, 1988, 102 Stat. 3830.)
§ 460ss–6. Definitions
As used in this subchapter—
(1) The term “program” means the Klamath River Basin Conservation Area Restoration Program established under section 460ss–1(b) of this title.
(2) The term “Secretary” means the Secretary of the Interior.
(Pub. L. 99–552, § 7, Oct. 27, 1986, 100 Stat. 3086.)