Upper Sacramento River Fishery Resources Restoration Act - Directs the Secretary of the Interior to establish a ten-year program to restore salmon and steelhead trout populations of the Sacramento River (and its California tributaries and its drainage basin above the confluence with the Feather River) to the optimum carrying capacity of the habitat in a restored condition and to provide sufficient hatchery-produced fish to meet fishery restoration and mitigation requirements that cannot be satisfied by natural production.
Requires memoranda of agreement with Federal, State, and local agencies having jurisdiction over certain necessary activities.
Requires the Secretary's responsibilities under this Act, except for those related to construction and operation of facilities under the jurisdiction of the Commissioner of the Bureau of Reclamation, be carried out through the Director of the U.S. Fish and Wildlife Service.
Establishes the Upper Sacramento River Fisheries Task Force to assist the Secretary and coordinate activities with governmental and private anadromous fish restoration projects within the basin. Terminates the Task Force on September 30, 2000.
Authorizes appropriations for formulation, establishment, implementation, operation, and maintenance of the program. Requires cost sharing from California and the electric utilities, water districts, and other direct purchasers of water and power from the Central Valley Project. Prohibits use of amounts appropriated under these provisions to protect fisheries from chronic or acute toxicity caused by heavy metals or acid mine drainage.
Union Calendar No. 482 101st CONGRESS 2d Session H. R. 3613 [Report No. 101-726, Parts I and II] A BILL To establish an Upper Sacramento River fishery resources restoration program. September 28, 1990 Reported with amendments HR 3613 RH Union Calendar No. 482 101st CONGRESS 2d Session H. R. 3613 [Report No. 101-726, Parts I and II] To establish an Upper Sacramento River fishery resources restoration program. IN THE HOUSE OF REPRESENTATIVES November 8, 1989 Mr. BOSCO (for himself, Mr. FAZIO, and Mr. HERGER) introduced the following bill; which was referred jointly to the Committees on Merchant Marine and Fisheries and Interior and Insular Affairs September 21, 1990 Reported from the Committee on Interior and Insular Affairs [Strike out all after the enacting clause and insert the part printed in italic] September 28, 1990 Reported from the Committee on Merchant Marine and Fisheries with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in boldface roman] A BILL To establish an Upper Sacramento River fishery resources restoration program. 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 `California Fish and Wildlife Protection Act of 1990'. SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. (a) FINDINGS- The Congress finds the following: (1) The Central Valley of the State of California is an extraordinary valuable area for fish and wildlife. (2) The area, classified by the United States Fish and Wildlife Service as among the most threatened waterfowl wintering areas in the United States, provides wintering habitat for over one-half of the waterfowl using the Pacific Flyway, making it one of the top five waterfowl habitats in the United States, and the area sustains very important and economically significant commercial and sport fisheries. (3) Fish and wildlife populations in the Central Valley of California have declined dramatically from historic levels, as evidenced by-- (C) riparian habitat has declined from approximately 800,000 acres to less than 102,000 acres, with less than 5 percent of the riparian vegetarian existing in the 1850's remaining in the Sacramento River Basin. (5) Fish and wildlife populations in the Central Valley will continue to decline unless the loss of remaining habitat is stopped and habitat is preserved, protected, restored, and enhanced to the maximum possible extent and unless these resources are properly managed and protected. (6) The construction and operation of dams and water diversion projects, including the Central Valley Project, the State Water Project, and hydropower generation facilities, flood control activities, land management practices, and other activities, have all contributed to a significant decline of fish and wildlife populations and their habitat in the Central Valley. (7) The reduction of these fish and wildlife resources has resulted in substantial economic and recreational losses, with an estimated $3,000,000,000 fishery loss over the past 20 years and an estimated waterfowl habitat loss of over $4,000,000,000. (8) The salmon and steelhead trout resources of the Sacramento River system support major commercial and historical biological baselines against which to measure the impacts from the Central Valley Project, the State Water Project, hydropower generation facilities, and other activities, and because of the difficulty in assessing precise responsibility for these impacts, it is appropriate that the United States, the State of California, and the users of water and power share the cost of the programs to be developed pursuant to this Act. (13) Although the Secretary is currently authorized to address fish and wildlife resources affected by the Central Valley Project, to serve fish and wildlife needs through the Central Valley Project, to comply with fish and wildlife requirements set forth in California State law, and to comply with Federal environmental laws, there is a need to further establish the Secretary's responsibility to preserve, protect, restore, and enhance fish and wildlife resources in the Central Valley. (b) PURPOSES- The purposes of this Act are-- (1) to preserve, protect, restore, and enhance fish and wildlife and their habitats in the Central Valley; (2) to restore by the year 2000 waterfowl and other migratory birds and their habitats in the Central Valley to levels consistent with the goals of the North American Waterfowl Management Plan, at a minimum; (3) to double the natural production of salmon and steelhead by the year 2000, to restore a self-sustaining Bay-Delta striped bass population to levels of more than 3,000,000 adult fish, and to restore anadromous fisheries to the optimum carrying capacity of the habitat in a restored condition; (4) to reverse the loss and degradation of, and to protect, preserve, restore, and enhance, habitat needed by anadromous fish, waterfowl and other migratory birds, and endangered species in the Central Valley; (5) to protect and secure recovery of endangered and threatened species and their habitats and to preserve biological diversity in the Central Valley; and (6) to complement programs and activities of the State of California and local governments to preserve, protect, enhance, and restore fish and wildlife and their habitat. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term `anadromous fisheries' includes all runs of salmon, striped bass, steelhead, sturgeon, and American shad that ascend the freshwater Sacramento River, San Joaquin River, the Trinity Rivers and their tributaries, the San Francisco Bay/Delta Estuary, and the San Francisco Bay to reproduce after maturing in the ocean; (2) the terms `artificial propagation' and `artificial production' include spawning, incubating, hatching, and rearing fish in a hatchery or other facility constructed for fish production; (3) the term `candidate species' means a species for which a finding has been made under section 4(b)(3)(B)(iii) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)(iii)); (4) the term `Central Valley' means-- (A) the counties which are located in whole or in part in the authorized service area of the Central Valley Project, as described in the place of use permit issued by the California State Water Resources Control Board for the Central Valley Project; (B) the watershed of the Sacramento, Trinity, and San Joaquin Rivers and their tributaries, and including the San Francisco Bay/Delta Estuary; and (C) the area within the counties adjoining the San Francisco Bay, including San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, Marin, Napa, and Sonoma Counties; (5) the term `Central Valley Habitat Joint Venture' means the association of Federal and State agencies and private parties established pursuant to the North American Waterfowl Management Plan in the Central Valley for the purpose of developing and implementing the North American Waterfowl Management Plan as it pertains to the Central Valley of California; (6) the term `Central Valley Project' means the Central Valley Project, California, as authorized in the Act of August 26, 1937 (50 Stat. 850), as amended and supplemented; (7) the term `Commission' means the Commission on Central Valley Fish and Wildlife Restoration established under title III; (8) the term `Implementation Plan' means the plan developed by the Central Valley Habitat Joint Venture; (9) the term `listed species' includes all species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (10) the term `migratory birds' means all wild birds native to North America that are in an unconfined state and that are species protected under the Migratory Bird Treaty Act, including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901 et seq.); (11) the term `North American Waterfowl Management Plan' means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada and the Secretary of the Interior for the United States in May 1986 and established as national policy by Public Law 101-233; (12) the term `natural production' means fish produced by spawning and rearing in a natural habitat; (13) the term `Refuge Water Supply Report' means the report entitled `Report on Refuge Water Supply Investigations' published in March 1989 by the Bureau of Reclamation, Department of the Interior; and (14) the term `Secretary' means the Secretary of the Interior. TITLE I--UPPER SACRAMENTO RIVER SEC. 101. UPPER SACRAMENTO RIVER FISHERY RESOURCES RESTORATION PROGRAM. (a) ESTABLISHMENT- (1) GENERAL AUTHORITY; BASIS OF PROGRAM- The Secretary, in consultation with the Upper Sacramento River Fisheries Task Force established by section 102(a), shall formulate, establish, and implement a 10-year program to be known as the Upper Sacramento River Fishery Resources Restoration Program (hereafter in this section referred to as the `Program'). The Secretary shall use the report entitled `Upper Sacramento River, Fisheries and Riparian Habitat Management Plan', prepared for the California Resources Agency by an advisory council and dated January 1989 (hereafter in this section referred to as the `Upper Sacramento River Plan'), as the basis for this Program. (2) OBJECTIVE OF PROGRAM- The objective of the Program shall be, consistent with the Upper Sacramento River Plan, to restore natural salmon and steelhead trout populations to the optimum carrying capacity of the habitat in a restored condition, to preserve remaining riparian habitat and reestablish a continuous riparian ecosystem along the Sacramento River, and to meet the goals established by section 201(b) in that portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River. (b) PROGRAM ACTIVITIES- In carrying out the objective of the Program, the Secretary, in consultation with the Upper Sacramento River Fisheries Task Force established by section 102(a), shall-- (1) monitor, coordinate, and, as necessary, conduct research activities (including the development and application of computer models) for use by the Department of the Interior and the task force for understanding and evaluating the salmon and steelhead trout populations; (2) administer and evaluate the success of the activities described in paragraph (3); (3) take such actions described in the Upper Sacramento River Plan as are necessary to-- (A) develop effective fish passage (including of shad and sturgeon) at Red Bluff Diversion Dam and Anderson-Cottonwood Irrigation District Dam; (B) improve the quantity, quality, and temperatures of fish habitat to allow maximum natural fish production and minimize impediments to migration; (C) increase the quantity and quality of spawning gravels in rearing habitat between Keswick Dam and Red Bluff Diversion Dam; (D) rehabilitate, update, and expand Coleman National Fish Hatchery; (E) minimize downstream migrant salmonid mortality occurring at, or as a result of, improperly or ineffectively screened or unscreened diversions; (F) restore naturally reproducing salmon and steelhead populations in Clear, Battle, and such other streams within that portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River, as are determined feasible; (G) if necessary, construct new fish hatcheries to achieve the objectives and goals of this Act; and (H) restore remaining riparian habitat and reestablish a continuous riparian ecosystem along the Sacramento River; (4) develop funding priorities for activities relating to the restoration of salmon and steelhead trout populations in that portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River; (5) operate and maintain facilities and projects established under the Program so as to sustain the fishery resources of the portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River, at the population levels established in accordance with this Act; and (6) establish a comprehensive assessment program to monitor the fishery resources of that portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River, and provide for timely detection and identification of the causes of population declines. (c) PREPARATION OF MAP- The Secretary shall prepare, and update as necessary, maps depicting that portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River, for use by the Upper Sacramento River Fisheries Task Force established by section 102(a) and other entities involved or interested in the Program. (d) SECRETARIAL ANALYSES- The Secretary shall conduct analyses of the technical, physical, and biological feasibility, adequacy, and cost-effectiveness of the elements of the Program. SEC. 102. UPPER SACRAMENTO RIVER FISHERIES TASK FORCE. (a) ESTABLISHMENT- There is established an Upper Sacramento River Fisheries Task Force. (b) FUNCTIONS- The task force shall-- (1) assist the Secretary in the formulation, coordination, and implementation of the program established under section 101; and (2) assist and coordinate its activities with Federal, State, and local governmental and private anadromous fish restoration projects within that portion of the Sacramento River, its tributaries located in California and its drainage basin above its confluence with the Feather River. (c) Membership and Appointments- Except as provided in subsections (d)(3) and (e), the task force shall be composed of 33 members appointed as follows: (1) California appointments- (A) GOVERNMENTAL, INDUSTRY, AND RECREATION MEMBERS- A representative appointed by the Governor of California from each of-- (i) the California Department of Fish and Game: (ii) the California Department of Water Resources; (iii) the California State Water Resources Control Board; (iv) the California State Lands Commission; (v) the California Department of Forestry and Fire Prevention; (vi) the California State Reclamation Board; (vii) the California Water Commission; (viii) the California Wildlife Conservation Board; (ix) the California Department of Food and Agriculture; (x) the California State Fish and Game Commission; (xi) the Sacramento Valley Landowners Association; (xii) the Sacramento River Water Contractors Association; (xiii) the Sacremento River Preservation Trust; (xiv) the Pacific Coast Federation of Fisherman's Association; (xv) the United Anglers of California; (xvi) the Golden Gate Fisherman's Association; (xvii) general fishery resources and conservation community; and (xviii) the Pacific Processors Association. (B) COUNTY MEMBERS- A representative appointed by the Governor of California from each of the counties of Butte, Colusa, Glenn, Shasta, Sutter, Trinity, and Tehama in California. (20 INTERIOR APPOINTMENTS- A representative appointed by the Secretary from each of the Bureau of Reclamation, the Bureau of Land Management, and the United States Fish and Wildlife Service. (3) COMMERCE APPOINTMENT- A representative appointed by the Secretary of Commerce from the National Marine Fisheries Service. (4) DEFENSE APPOINTMENT- A representative appointed by the Secretary of the Army from the United States Army Corps of Engineers. (5) AGRICULTURE APPOINTMENT- A representative appointed by the Secretary of Agriculture from each of the Soil Conservation Service and the Forest Service. (6) ENERGY APPOINTMENT- A representative appointed by the Secretary of Energy from entities which purchase power as Central Valley Project Preference Power Customers. (d) TERMS- (1) IN GENERAL- The term of a member of the task force shall be 4 years, except that-- (A) each member may be removed by the official who appointed that member before the expiration of the term of the member; and (B) a term may not extend beyond the date of the termination of the task force. (2) VACANCIES- Any vacancy on the task force shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occuring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until a successor has taken office. (3) ADDITIONAL MEMBERS- The task force may recommend to the Secretary that additional members should be appointed to the task force from areas or agencies not represented on the task force. The Secretary may appoint an individual representing that area or agency, except that no more than 3 individuals may be appointed to the task force under this paragraph. (e) CESSATION OF PARTICIPATION ON TASK FORCE- An official authorized to make appointments under paragraphs (2) through (6) of subsection (c) may elect not to appoint a member of the task force or to withdraw from the task force a member appointed by that official. (f) Transaction of Business- (1) OFFICERS- The members of the task force shall elect a chairman and other officers from among its members. (2) MEETINGS- Except as provided in paragraph (3), the task force shall meet at the call of the chairman or upon the request of a majority of its members. (3) DECISIONS OF TASK FORCE- All decisions of the task force shall be in accordance with the consensus of all members present. (g) Staff and Administration- (1) ADMINISTRATION SUPPORT- The Secretary, in cooperation with the State of California, shall provide the task force with necessary administrative and technical support services. (2) INFORMATION- The Secretary, in cooperation with the State of California and to the extent practicable, shall furnish the members of the task force with information concerning the Upper Sacramento River area relevant to the functions of the task force. (3) ORGANIZATION- The task force shall determine its organization and prescribe the practices and procedures for carrying out its functions under subsection (b). The task force may establish committees or working groups of technical representatives of task force members to advise the task force on specific matters. (h) MEMBERS WHO ARE FEDERAL OR STATE EMPLOYEES- Any task force member who is appointed to the task force by reason of his employment as an officer or employee of the United States or the State of California shall cease to be a member of the task force on the date on which that member ceases to be so employed. (i) TRAVEL EXPENSES- While away from their homes or regular places of business in the performance of service for the task force, task force members and their technical representatives shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5, United States Code. Any task force member or technical representative who is an employee of an agency or governmental unit of the United States and is eligible for travel expenses from that agency or unit for performing services for the task force shall not be eligible for travel expenses under this paragraph. (j) COMPENSATION OF FEDERAL EMPLOYEES- Members of the task force and technical representatives 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. (k) TERMINATION- The task force shall cease to exist on September 30, 2000. TITLE II--CENTRAL VALLEY OF CALIFORNIA SEC. 201. RESTORATION LEVELS FOR ANADROMOUS FISH, MIGRATORY BIRDS, AND ENDANGERED SPECIES. (a) WATERFOWL AND OTHER MIGRATORY BIRD POPULATIONS AND HABITAT- Not later than January 1, 2000, the Secretary shall meet the Federal responsibility for restoration of the waterfowl and other migratory bird populations and their habitat within the Central Valley to levels established pursuant to the Implementation Plan of the Central Valley Habitat Joint Venture and the North American Waterfowl Management Plan. The Secretary is authorized to establish and to take actions to implement higher population and habitat goals and objectives for the preservation, protection, restoration, and enhancement of waterfowl and other migratory birds if the Secretary determines it necessary, or appropriate, in order to meet statutory or treaty obligations of the United States. (b) Anadromous Fisheries- (1) RESTORATION LEVELS- Not later than January 1, 2000, the Secretary shall double the natural production of salmon and steelhead trout in the Central Valley, primarily through the restoration and improvement of habitat, using the period 1950-1959 as the baseline. (2) GOAL- The Congress hereby establishes the goals of restoring a self-sustaining Bay/Delta striped bass population to 3,000,000 adult fish and of restoring anadromous fisheries to the optimum carrying capacity of the habitat in a restored condition. (3) DETERMINATION OF POPULATION LEVELS- Within six months after the date of enactment of this Act, the Secretary, in cooperation with the State, shall determine maximum naturally produced anadromous fish population levels attainable in each stream, river, and basin in the Central Valley for their respective habitat in a restored condition downstream of impassable dams. Where biologically appropriate, the difference between the specific population goals established pursuant to this Act and the maximum possible natural production downstream of impassable dams shall be accomplished with artificial production, including spawning, incubating, hatching, or rearing fish in a hatchery or other facility constructed for fish production. The Secretary shall use these natural and artificial population levels as the objectives for this Act. The estimates and determinations made by the Secretary under this paragraph shall be provided to the Commission. (c) REVIEW AND ADJUSTMENT OF LEVELS- After January 1, 2000, the Secretary shall review every 3 years the fish, wildlife, and habitat restoration goals, including recovery plan goals and objectives established pursuant to this section, and adjust such goals and objectives upward, if appropriate and necessary, to ensure the protection, restoration, preservation, and enhancement of fish, wildlife, and their habitat in the Central Valley. The Secretary shall provide a copy of this review, including any recommendations for revisions to the goals, objectives, and action plans, to the Committees on Interior and Insular Affairs and Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. SEC. 202. RESPONSIBILITIES OF THE SECRETARY. (a) WATERFOWL AND OTHER MIGRATORY BIRDS- (1) TEMPORARY DELIVERY OF WATER- Notwithstanding any other provision of law, the Secretary shall provide and deliver to Central Valley refuges dependable water supplies of suitable quality, established pursuant to applicable State and Federal water quality requirements. The water supply and delivery schedule for each Central Valley refuge shall be at least in accordance with level 2 of the Dependable Water Supply Needs table for that refuge, as specified in the Refuge Water Supply Report or as established by the Secretary for any refuge not included in the report. Such water shall be made available within a reasonable period of time, but not to exceed 60 days, after the date of enactment of this Act for those refuges included in the Refuge Water Supply Report, and shall be delivered until the water supply provided for in paragraph (2) is provided. (2) PERMANENT DELIVERY OF WATER- Notwithstanding any other provision of law, by January 1, 2000, the Secretary shall provide and deliver to Central Valley refuges permanent and dependable water supplies of suitable quality, established pursuant to applicable State and Federal water quality requirements. The water supply and delivery schedule for each refuge shall-- (A) permit full habitat development on each refuge and shall be no less than the level 4 quantities and deliveries identified in the Dependable Water Supply Needs table for that refuge, as specified in the Refuge Water Supply Report or as established by the Secretary for any refuge not included in that report; (B) be sufficient to ensure that the international obligations of the United States contained in migratory bird treaties and other agreements to protect waterfowl and migratory birds between the United States and Canada, Mexico, and other countries are met; (C) contribute to the recovery of each listed species that occurs in whole or in part on that refuge and whose recovery depends, directly or indirectly, on the provision of water supplies to that refuge; and (D) be sufficient to ensure that the Secretary can fulfill his statutory obligations to protect waterfowl and other migratory birds, fish, and other wildlife dependent on the provision of water supplies to that refuge. (3) ADDITIONAL REFUGES- For additions to refuges or refuges in the Central Valley not included in the Refuge Water Supply Report, the Secretary shall-- (A) determine that water supply and delivery requirements necessary to permit full habitat development of the refuge; (B) provide water of sufficient quality and quantity to each refuge to meet such requirements; and (C) take such other reasonable actions to meet the goals of the North American Waterfowl Management Plan as the goals pertain to the Central Valley. (4) ADDITIONAL AUTHORITY- The Secretary is authorized to take such other actions, including (but not limited to) habitat acquisition and enhancement, necessary-- (A) to carry out the Federal responsibility for implementing the waterfowl and other migratory bird habitat preservation and restoration programs developed by the Central Valley Habitat Joint Venture as part of the North American Waterfowl Management Plan; (B) to ensure that the international obligations of the United States contained in migratory bird treaties and other agreements to protect waterfowl and other migratory birds are met; (C) to take such actions as necessary to implement the Federal responsibility for meeting the goals of the North American Waterfowl Management Plan in the San Francisco Bay area, including San Pablo Bay; (D) to implement the recovery plans prepared for each listed species that occurs in whole or in part within the Central Valley; and (E) to meet the Secretary's statutory responsibilities and the requirements of this Act. (5) CENTRAL VALLEY REFUGES- For the purposes of this subsection, the term `Central Valley refuges' includes (but is not limited to) the Sacramento, Delevan, Colusa, Sutter, Kesterson, San Luis, Merced, Pixley, and Kern National Wildlife Refuges, the Grassland Resource Conservation District, the Gray Lodge, Los Banos, Volta, and Mendota State Wildlife Management Areas, the Antioch Dunes, San Pablo Bay, San Francisco Bay, Sacramento River, and San Joaquin River National Wildlife Refuges, any expansion of the Central Valley refuges, any addition to or expansion of national wildlife refuges in the Central Valley, and all other lands in the Central Valley in which the Federal Government has acquired an interest for conservation purposes, including (but not limited to) the Butte Sink, Willow Creek-Lurline, East Grasslands, and West Grasslands Wildlife Management Areas. (b) ANADROMOUS FISHERIES- (1) ACTIONS TO BE TAKEN- Notwithstanding any other provision of law, in order to meet the goals and requirements established in section 201, the Secretary, in consultation with appropriate Federal, State, and local agencies, the public, and Indian tribes shall take such reasonable actions as may be necessary to restore the anadromous fisheries and their habitat in the Central Valley. Such actions shall include (but not be limited to) the following: (A) The Secretary shall implement the action items within his authority for fisheries and habitat restoration in the Upper Sacramento River Fishery Resources Restoration Program established under section 101 and the recommendations set forth in the 1988 Annual Report of the California Advisory Committee on Salmon and Steelhead Trout entitled `Restoring the Balance', which fall within the authority of the Secretary and as contained in the Report of the Committee on Interior and Insular Affairs to accompany the bill H.R. 3613 of the 101st Congress (H. Rpt. 101- ). (B) The Secretary shall implement those recommendations within his authority contained in the report of the Commission submitted under section 302. (C)(i) The Secretary shall conduct a study or studies to determine the volume and timing of water flows necessary to attain the natural production of anadromous fish, and their stream and estuarine habitat, including the spawning, incubation, rearing, and migration of such fish, to meet the requirements and goals set pursuant to this Act. The Secretary shall specifically determine the volume and timing of reservoir releases, diversions, pumping cutbacks, and any other operational changes in the Central Valley Project necessary to provide such flows. (ii) The study or studies required by clause (i) shall be completed no later than 5 years after the date of enactment of this Act. (iii) The Secretary shall, to the extent practicable and within the Secretary's authority, provide water flows necessary to optimize the natural production and stream and estuarine habitat of anadromous fish, including the spawning, incubation, rearing, and migration of such fish, no later than 10 years after the date of enactment of this Act. (D) The Secretary shall-- (i) determine the primary factors limiting the natural production and stream and estuarine habitat of anadromous fisheries, including the spawning, incubation, rearing, and migration of such fish, no later than 2 years after the date of enactment of this Act; and (ii)(I) within the jurisdiction and authority of the Department of the Interior, eliminate where practicable or reduce those limiting factors identified pursuant to clause (i) within five years after the date of enactment of this Act; and (II) work with and provide assistance, as appropriate, to State and local entities and the public to assist in the elimination of factors outside of the Secretary's jurisdiction and authority which are limiting the natural production and habitat of anadromous fisheries. (2) IMPROVEMENT OF HABITAT- The protection of, and increase in, anadromous fish pursuant to this Act shall be accomplished primarily through the improvement of habitat, including the spawning, incubation, rearing, and migration habitat. (3) INTERIM MEASURES- During the period in which recommendations are being developed by the Commission under title III and implemented, the Secretary shall take necessary steps within his authority to ensure there is no further decline in the habitat and populations of anadromous fisheries, including (but not limited to) allocating interim water to fisheries protection. (c) ENDANGERED SPECIES- Not later than two years after the date of enactment of this Act, the Secretary shall-- (1) complete plans for the recovery of each of the listed species under the Endangered Species Act of 1973 as of the date of enactment of this Act that occur in whole or in part in the Central Valley; and (2) determine whether to initiate a proposed rulemaking to add to the list of endangered or threatened species under the Endangered Species Act of 1973 each of the candidate species occurring as of the date of enactment of this Act in whole or in part in the Central Valley. The Secretary shall complete a plan in accordance with this Act and the Endangered Species Act of 1973 for the recovery of each of the species subject to paragraph (2) that is subsequently listed as threatened or endangered within one year of the date on which such species becomes a listed species. (d) GENERAL- (1) ACQUISITION OF WATER- In order to carry out the intent, purposes, and requirements of this Act, the Secretary is authorized, consistent with State law, to obtain water supplies from any source available to the Secretary. (2) PROVISION OF WATER TO OTHER LANDS- The Secretary is authorized to provide water to other Federal, State, and private wetlands and other fish and wildlife habitat in the Central Valley in order to meet the purposes and requirements of this Act. (3) CONTRACTS- Notwithstanding any other provision of law, in exercising his power to set terms for contracts for water supply from the Central Valley Project, the Secretary may withhold from new or renewed contracts as much water as reasonably may be needed for purposes of this Act and may impose contract terms on new or renewed contracts permitting conditional use of water subject to the obligation to provide water in the future as needed to satisfy the purposes of this Act. TITLE III--COMMISSION ON CENTRAL VALLEY FISH AND WILDLIFE RESTORATION SEC. 301. ESTABLISHMENT OF THE COMMISSION. (a) ESTABLISHMENT- In order to carry out the purposes of this Act, there is hereby established the Commission on Central Valley Fish and Wildlife Restoration. (b) MEMBERS- The Commission shall be composed of 15 members, as follows: (1) Three members appointed by the President from recommendations submitted by the Speaker of the House of Representatives, two from the majority party and one from the minority party. (2) Three members appointed by the President from recommendations submitted by the majority leader of the Senate, two from the majority party and one from the minority party. (3) Three members appointed by the President from recommendations submitted by the State Assembly of the State of California. (4) Three members appointed by the President from recommendations submitted by the Senate of the State of California. (5) Two members appointed by the President. (6) One member appointed by the President from recommendations submitted by the Governor of California. (c) CHAIRMAN AND VICE CHAIRMAN- The chairman of the Commission shall be designated by the President. (d) COMPOSITION OF COMMISSION- The Commission members shall be knowledgeable and experienced in matters relating to fish, wildlife, and wetlands conservation and shall, to the extent practicable, represent-- (1) organizations which are actively invovled in protecting commercial and recreational fisheries; (2) agricultural interests which receive water from the Central Valley Project; (3) power entities which will be required to repay a portion of the costs of this Act; (4) different nonprofit conservation or environmental organizations which are actively involved in fish, wildlife, or water issues; and (5) an Indian tribal organization affected by this Act. (e) VACANCIES- Vacancies in the membership of the Commission shall not affect the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as the original appointment. (f) QUORUM- Eight members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings. (g) COMPENSATION- (1) Except as provided in paragraph (2), members of the Commission shall serve without any additional compensation as member of the Commission, except for the compensation received by members who are officers or employees of the United States for their services as such officers and employees. Members of the Commission may be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. (2) The Chairman shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS-18 of the General Schedule. SEC. 302. DUTIES. (a) IN GENERAL- The Commission shall examine, review, evaluate, and make specific recommendations with regard to Federal and State actions to restore fish and wildlife in the Central Valley to meet the goals of this Act, taking into consideration the following: (1) The adequacy of present authorities to carry out the provisions of this Act. (2) The water needed to meet the fish and wildlife levels required by this Act, including (but not limited to)-- (A) the quantity of the water supply; (B) the quality of the water supply; (C) instream flows, including the timing and temperature of such flows; and (D) the availability and suitability of groundwater. (3) Where the water identified pursuant to paragraph (2) can be obtained, including (but not limited to) from-- (A) groundwater, including improved management and conjunctive use; (B) conservation, including incentives and pricing; (C) improvements in or modifications to the operations of the Central Valley Project, the State Water Project, and other non-Federal projects; (D) purchase of water; (E) the Central Valley Project, the State Water Project, and other non-Federal projects that is not under long-term contract and that is under long-term contract but not being used; (F) water under contract where the timing and duration of releases and the points of use or discharge may be modified, adjusted, or discontinued, to improve conditions for fish and wildlife; and (G) use of Federal and non-Federal wetland habitat to provide offstream storage capacity when such use neither reduces the wetland or wildlife values of the lands involved, reduces the management flexibility of the administering agency, significantly reduces the value of the water for fisheries, nor contaminates the waters for other uses. (4) How the water identified pursuant to paragraph (2) can be made available in a manner that is consistent with State law, including State water quality standards. (5) How fish production and stream and estuarine habitat can be improved for spawning, incubation, rearing, and migration of fish, including-- (A) identifying the primary factors limiting natural production and stream and estuarine habitat; (B) recommending actions to be taken by the State, Federal, and local governments, water districts, and others for reducing or eliminating such factors; and (C) how the protection of, and increase in, anadromous fish shall be accomplished primarily through the improvement of habitat. (b) RECOMMENDATIONS- In making recommendations pursuant to this section, the Commission shall make recommendations concerning-- (1) those matters needing priority actions, together with specified time periods, and estimated costs and benefits; (2) additional authorizing legislation, if any, needed at the Federal, State, or local level; (3) how water can be made available to carry out this Act in a manner consistent with the obligations and responsibilities of the Secretary to Indian tribes and consistent with State law; (4) specific actions or programs to be taken at the Federal, State, and local level to meet the goals of this Act, including recommendations by which the financial and programmatic participation of the various agencies may be obtained; (5) the implementation of this Act and the recommendations of the Commission, and, specifically, the continuation of the Commission or some other organization to oversee or otherwise facilitate such implementation; and (6) the establishment of parkways and protected riparian areas, including the San Joaquin River Parkway. (d) COORDINATION WITH STATE- The Commission shall carry out its duties under this title in coordination with entities established by the State of California to address fish and wildlife issues in the Central Valley. SEC. 303. POWERS. (a) STAFF- Subject to such rules and regulations as may be adopted by the Commission, the chairman of the Commission shall have the power to-- (1) appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director of the Commission and of such other personnel as the chairman deems advisable to assist in the performance of the duties of the Commission, at rates not to exceed a rate equal to the maximum rate payable for GS-18 of the General Schedule under section 5332 of such title; and (2) procure, as authorized by section 3109 of title 5, United States Code, temporary and intermittent services to the same extent as is authorized by law for agencies in the executive branch, but at rates not to exceed the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-18 of such General Schedule. (b) GENERAL AUTHORITIES- The Commission shall be authorized to-- (1) hold such hearings and sit and act at such times, (2) take such testimony, (3) have such printing and binding done, (4) enter into such contracts and other arrangements, (5) make such expenditures, and (6) take such other actions, as the Commission may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission. (d) Federal Advisory Committee Act--The provisions of the Federal Advisory Committee Act shall not apply to the Commission. (e) INFORMATION FROM OTHER AGENCIES- The Commission is authorized to secure directly from any officer, department, agency, establishment, or instrumentality of the Federal Government such information as the Commission may require for the purpose of this Act, and each such officer, department, agency, establishment, or instrumentality is authorized and directed to furnish, to the extent permitted by law, such information directly to the Commission, upon request made by the chairman of the Commission. (f) USE OF FACILITIES AND SERVICES- Upon the request of the chairman of the Commission, the head of any Federal department, agency, establishment, or instrumentality is authorized to make any of the facilities and services of such department, agency, establishment, or instrumentality available to the Commission and detail any of the personnel of such department, agency, establishment, or instrumentality to the Commission on a nonreimbursable basis to assist the Commission in carrying out its duties under this title. (g) UNITED STATES MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 304. TERMINATION. The Commission shall cease to exist on the date that is the earlier of the date on which the Secretary determines that the goals of this Act have been substantially completed or January 1, 2000. All records, documents, and materials of the Commission shall be transferred to the National Archives and Records Administration on the date on which the Commission ceases to exist. TITLE IV--GENERAL PROVISIONS SEC. 401. WATER CONSERVATION. (a) STATEMENT OF POLICY- The Congress hereby finds and declares that it is in the national interest-- (1) for the Secretary to require the full consideration and incorporation of effective and responsible water conservation measures in the operation of the Central Valley Project and in the use of water by Central Valley Project contractors; and (2) that conserved water be made available to assist in the preservation, protection, restoration, and enhancement of fish and wildlife and their habitats in the Central Valley. (b) IMPLEMENTATION OF POLICY- In order to assist in the implementation of subsection (a), the Secretary shall, within one year after the date of enactment of this Act, prepare a report detailing-- (1) those regulations, policies, and procedures for the operation of the Central Valley Project, including water contract provisions, that inhibit or may inhibit the conservation of water by Central Valley Project contractors; (2) those actions the Secretary will or could take to remove any barrier to promoting water conservation in the operation of the Central Valley Project, including the use of incentives or pricing mechanisms; and (3) any recommendation for changes in law which would enhance water conservation in the operation of the Central Valley Project. (c) INTERIM MEASURES- The Secretary is authorized to encourage water conservation through the use of incentives to encourage contractors-- (1) to make water available for fish and wildlife purposes; and (2) through the use of incentives, pricing, and other measures, to conserve or use water more efficiently where such water will be used for fish and wildlife habitat as long as such habitat is not reduced or is replaced with areas of ecologically equivalent habitat. SEC. 402. USE OF PROJECT POWER. (a) IN GENERAL- The Secretary of Energy, acting through the Administrator of the Western Area Power Administration, is authorized and directed to utilize power from Central Valley Project power generation facilities or power purchased on a nonreimbursable basis to meet the requirements of this Act, including (but not limited to) meeting the electric power requirements of the Central Valley refuges specified in section 202(a)(5) and fish hatcheries and other fish and wildlife facilities, including electric power requirements necessary to pump Central Valley Project water to those refuges and hatcheries. Power made available pursuant to this subsection shall be deemed to be a project use pumping requirement of the Central Valley Project. For the purposes of this subsection, the term `fish hatcheries and other fish and wildlife facilities' includes (but is not limited to) the Coleman National Fish Hatchery; Coleman Fish Health Center; Tehama Colusa Fish Facility; Columbia National Fishery Research Laboratory; the Rancho Cordova and Elk Grove State Laboratories; the Trinity River, Central Valley, Nimbus, American River, and San Joaquin State Fish hatcheries; the Merced River and Kern River Fish Facilities; and the Elk Grove, Glen/Colusa, and Red Bluff Screen Shops. (b) RESERVATION OF POWER TRANSMISSION CAPACITY- Transmission capacity of the Harold T. (Bizz) Johnson California-Pacific Northwest Intertie line authorized by Public Laws 98-360 and 99-88 that is reserved as compensation to serve the needs of Department of Energy laboratories and wildlife refuges in California shall, in no event, be less than 100 megawatts. Sufficient Central Valley Project distribution transmission capacity shall also be reserved and made available by the Administrator of the Western Power Administration so that the responsibilities of the Secretary of the Interior to carry out the purposes of the California Fish and Wildlife Protection Act of 1990 can be met. SEC. 403. RELATION TO OTHER LAWS. Nothing in this Act shall diminish or change the obligation of the Secretary to comply with the requirements of other fish, wildlife, or environmental Act, including (but not limited to) the Endangered Species Act of 1973, the Federal Water Pollution Control Act, the North American Wetlands Conservation Act, the Fish and Wildlife Coordination Act, the National Environmental Policy Act of 1969, and migratory bird and fish treaties, Acts, and agreements. SEC. 404. CITIZEN SUITS. (a) IN GENERAL- Except as provided in subsection (c), any person may commence a civil suit on his own behalf-- (1) against any person, including the United States and any other governmental instrumentality or agency, who is alleged to have violated, be violating, or be about to violate any provision of this Act or regulation issued under this Act; or (2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under section 101, 201, or 202 which is not discretionary with the Secretary. (b) JURISDICTION AND VENUE- The district courts shall have jurisdiction to prohibit any violation of this Act, to compel any action required by this Act, and to issue any other order to further the purposes of this Act. An action under this section may be brought in the judicial district where the alleged violation occurred or is about to occur, where fish or wildlife resources affected by the alleged violation are located, or in the District of Columbia. (c) LIMITATIONS- (1) NOTICE OF VIOLATION- No action may be commenced under subsection (a)(1) before 60 days after written notice of the violation has been given to the Secretary and to any alleged violator of any such provision or regulation. (2) NOTICE OF FAILURE TO PERFORM DUTIES- No action may be commenced under subsection (a)(2) before 60 days after written notice has been given to the Secretary. (3) WAIVER- Notwithstanding paragraphs (1) and (2), an action may be brought immediately after such notification in the case of an action under this section respecting an emergency posing a significant risk to the well-being of any species of fish or wildlife or plant. (4) RULE OF CONSTRUCTION- Paragraphs (1) and (2) are intended to provide notice to responsible parties where possible and do not affect the jurisdiction of the courts (d) COSTS AWARDED BY COURT- The court may award costs of litigation (including reasonable attorney and expert witness fees) to any party, other than the United States, whenever the court determines such award is appropriate. (e) DISCLAIMER- The relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). SEC. 405. AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZATIONS. (a) ACT OF AUGUST 26, 1937- Section 2 of the Act of August 26, 1937 (chapter 832; 50 Stat. 850), as amended, is amended-- (1) in the second proviso of subsection (a), by inserting `and mitigation, protection, restoration and enhancement of fish and wildlife,' after `Indian reservations,'; (2) in the last proviso of subsection (a), by striking `domestic uses;' and inderting `domestic uses and fish and wildlife purposes;'; (3) by adding at the end the following: `The mitigation for fish and wildlife losses incurred as a result of construction, operation, or maintenance of the Central Valley Project shall be concurrent with or prior to such activity and shall be based on the replacement of ecologically equivalent habitat.'; and (4) by adding at the end the following: `(c) Nothing in this Act or the California Fish and Wildlife Protection Act of 1990 shall limit the State's authority to condition water rights permits for the Central Valley Project to make water available to preserve, protect, restore, or enhance fish and wildlife and their habitat.'. (b) ACT OF AUGUST 27, 1954- The first section of the Act of August 27, 1954 (16 U.S.C. 695d) is amended by striking `, subject to such priorities as are applicable under said Acts'. SEC. 406. LIMITATION. (a) PROHIBITION- (1) NEW CONTRACTS- During the period beginning on the date of enactment of this Act and ending on the date which is 1 year after the date on which the Commission submits recommendations to the Congress under section 302, the Secretary may not enter into or renew any repayment or water supply contract for any period over one year, or any contract longer than one year in duration under the authority of the Act of February 21, 1911 (36 Stat. 925; 43 U.S.C. 523-525; commonly referred to as the `Warren Act'), for the delivery of water from the Central Valley Project until the requirements of subsection (b) have been met. (2) RENEWED CONTRACTS- Until the requirements of subsection (b) have been met, the Secretary may not renew any repayment or water supply contract for any period over three years, or any contract longer than one year in duration under the authority of the Act of February 21, 1911 (36 Stat. 925; 43 U.S.C. 523-525; commonly referred to as the `Warren Act'), for the delivery of water from the Central Valley Project. (b) REQUIREMENTS- The requirements referred to in subsection (a) are-- (1) the Secretary has complied with the provisions of sections 201(a), 201(b), and 202 of this Act; and (2) the California State Water Resources Control Board concludes its current review of San Francisco Bay/Sacramento-San Joaquin Delta Estuary water quality and flow requirements, and water export limitations that will be part of the water rights decision, and determines the means of implementing such requirements, including any obligations of the Central Valley Project. (c) DEFINITIONS- As used in this section, the terms `repayment' and `water supply' contracts shall have the same meaning as provided in sections 9 (d) and (e) of the Reclamation Projects Act of 1939 (Act of August 4, 1939; 43 U.S.C. 485h(d) and 485h(e)). (d) NEW OR AMENDED CONTRACTS- All repayment or water supply contracts entered into or amended after the day of enactment of this Act shall conform to the requirements set forth in this Act. SEC. 407. FUNDING. (a) AUTHORIZATION- There are authorized to be appropriated such sums as may be necessary to carry out the purposes and provisions of this Act. Funds appropriated under this section are authorized to remain available until expended. (b) COST-SHARING- Funds made available under subsection (a) shall be repaid in the following manner: (1) Those entities who contract for water and power from the Central Valley Project shall reimburse the United States in an amount equal to 30 percent of the total amount of money that is expended each year from appropriations authorized under subsection (a). (A) Of the amount to be repaid under this subsection, the Secretary shall annually assess water users not more than $1.00 an acre-foot for each acre-foot of water under contract to such users to cover the repayment requirements of this subsection. Such charge shall be considered an operation and maintenance expense. (B) The remainder of the repayment obligation of the water and power users required by this paragraph shall be repaid by power users in accordance with existing policies and procedures. General and administrative nonreimbursable costs as a Federal contribution for preserving, protecting, and restoring fish and wildlife resources impacted by the Central Valley Project. (c) The Secretary of the Interior shall issue regulations to carry out the provisions of this section, including the collection of fees imposed under this section. SEC. 408. COST ALLOCATION OF THE CENTRAL VALLEY PROJECT. The Secretary shall undertake a cost allocation study of the Central Valley Project, including the provisions of this Act, and implement such allocations after a full and complete review by the Administrator of the Western Area Power Administration for purposes of ratemaking no later than 2 years after the date of enactment of this Act. SEC. 409. CONTRACTS FOR UNALLOCATED WATER. Nothing in this Act is intended or shall be construed to preclude the Secretary from entering into contracts for the marketing of unallocated water supplies of the Central Valley Project after meeting the goals and objectives of this Act. SEC. 410. REPORTING REQUIREMENTS. Reports shall be submitted under this Act as follows: (1) Not later than after the date of enactment of this Act and annually thereafter, the Secretary, in consultation with the Upper Sacramento River Fisheries Task Force established by section 102(a), shall submit a report to the Congress concerning the activities related to the Upper Sacramento River Fishery Resources Restoration Program established under section 101 making recommendations that would facilitate the respective signatories to the agreements are responsible and shall contain such provisions as are necessary to ensure coordinated implementation of the provisions of this Act. Amend the title so as to read: `A bill to provide for the restoration of fish and wildlife and their habitat impacted by the Central Valley Project, and for other purposes.'. SECTION 1. SHORT TITLE. This Act may be cited as the `Upper Sacramento River Fishery Resources Restoration Act'. SEC. 2. FINDINGS. The Congress finds that-- (1) the salmon and steelhead trout resources of the Sacramento River system support major commercial and recreational fisheries and provide over $100,000,000 in annual economic benefits in the region that are important to the economic health of local businesses; (2) the Sacramento River system provides nearly 75 percent of all the salmon caught offshore of California, as well as significant opportunities for recreational fishing; (3) the salmon and steelhead trout populations of the Sacramento River are located throughout the jurisdictions of, and are cooperatively managed by, several governmental agencies; (4) the construction and operation of dams and water diversion projects, flood control activities, land management practices, and other activities, have all contributed to a significant decline in Sacramento River fishery populations and riparian habitat since the 1950's; (5) while more than 300,000 adult chinook salmon and steelhead trout returned annually to the Basin as recently as the 1960's, returns averaged less than 100,000 such fish during the early to middle 1980's; (6) the fall and winter chinook salmon runs have declined 50 percent and 99 percent, respectively, from historic levels, and the winter chinook salmon has been listed as a threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (7) steelhead trout populations have declined approximately 90 percent in recent years; (8) less than 5 percent of the riparian vegetation existing in the 1850's remains in the Basin; (9) the Upper Sacramento River Fisheries and Riparian Habitat Advisory Council, established by the California Legislature, prepared a report entitled the `Upper Sacramento River Fisheries and Riparian Habitat Management Plan' which identifies actions to help restore Sacramento River salmon and steelhead populations and increase riparian habitat; (10) in response to statewide declines of anadromous fish populations, the State of California has established the goal of doubling the natural production of salmon and steelhead trout in California by the end of the 20th century; (11) the United States Fish and Wildlife Service, the Bureau of Land Management, the United States Army Corps of Engineers, and various California government agencies are acquiring riparian habitat to protect the Basin and a small joint riparian habitat restoration project administered between the Federal and California governments has been implemented; (12) it is difficult to determine precisely the historical biological baselines against which to measure the impacts on the Basin from the Central Valley Project and non-Federal projects, and because of the difficulty in assessing responsibility for these impacts, it is appropriate that the United States, the State of California, and the users of water and power from the Project share the cost of the program to be developed pursuant to this Act; and (13) the Secretary of the Interior needs authority to develop and implement a cooperative fishery restoration program to increase Upper Sacramento River salmon and steelhead trout populations to the approximate levels existing during the 1950's by the end of the 20th century and maintain that level thereafter. SEC. 3. UPPER SACRAMENTO RIVER FISHERY RESOURCES RESTORATION PROGRAM. (a) Establishment- (1) GENERAL AUTHORITY; BASIS OF PROGRAM- The Secretary, in consultation with the Task Force, shall formulate, establish, and implement a 10-year program to be known as the `Upper Sacramento River Fishery Resources Restoration Program'. The Secretary shall use the Plan referred to in section 2(9) as a basis for the Program. (2) OBJECTIVE OF PROGRAM- The objective of the Program shall be, consistent with the Plan, to restore natural salmon and steelhead trout populations of the Basin to the optimum carrying capacity of the habitat in a restored condition, and to provide sufficient hatchery-produced fish to meet fishery restoration and mitigation requirements that cannot be satisfied by elements of the Program that foster natural production. Within 2 years after the date of the enactment of this Act, the Secretary, in consultation with the Task Force, shall establish population level objectives for steelhead trout and the 4 runs of chinook salmon in the Basin necessary to achieve the objective. (b) PROGRAM ACTIVITIES- In carrying out the objective of the Program, the Secretary, in consultation with the Task Force, shall-- (1) monitor, coordinate, and, as necessary, conduct research activities, including the development and application of computer models, for use by the Department of the Interior and the Task Force for understanding and evaluating the salmon and steelhead trout populations; (2) administer and evaluate the success of the activities described in paragraph (3); (3) take such actions described in the Plan as are necessary to-- (A) develop effective fish passage (including of shad and sturgeon) at Red Bluff Diversion Dam and Anderson-Cottonwood Irrigation District Dam; (B) improve the quantity, quality, and temperatures of fish habitat to allow maximum natural fish production and minimize impediments to migration; (C) increase the quantity and quality of spawning gravels in rearing habitat between Keswick Dam and Red Bluff Diversion Dam; (D) rehabilitate, update, and expand Coleman National Fish Hatchery; (E) minimize downstream migrant salmonid mortality occurring at, or as a result of, improperly or ineffectively screened or unscreened diversions; (F) restore naturally reproducing salmon and steelhead populations in Clear, Battle, Cottonwood, Mill, Deer, Big Chico, Butte Creeks, and such other streams within the Basin as are determined feasible; and (G) if necessary, construct new fish hatcheries to achieve the objective stated in subsection (a)(2); (4) develop funding priorities for activities relating to the restoration of salmon and steelhead trout populations in the Basin; (5) operate and maintain facilities and projects established under the Program so as to sustain the fishery resources of the Basin at the population levels established in accordance with subsection (a)(2); (6) establish a comprehensive assessment program to monitor the fishery resources of the Basin and provide for timely detection and identification of the causes of population declines; and (7) submit a report to the Congress one year after the date of enactment of this Act, and once each year thereafter, concerning the activities related to the Program and making recommendations that would facilitate the attainment of the objective of this Act. (c) MEMORANDA OF AGREEMENT- In order to facilitate the implementation of the activities described in subsection (b) over which the Secretary does not have jurisdiction, the Secretary shall seek to enter into memoranda of agreement with the Federal, State, and local agencies having jurisdiction over such activities. The memoranda of agreement shall specify the Program activities for which the respective signatories to the agreements are responsible and shall contain such provisions as are necessary to ensure coordinated implementation of the Program. (d) PREPARATION OF MAP- The Secretary shall prepare, and update as necessary, maps depicting the Basin for use by the Task Force and other entities involved or interested in the Program. (e) SECRETARIAL ANALYSES- The Secretary shall conduct analyses of the technical, physical, and biological feasibility, adequacy, and cost-effectiveness of the elements of the Program. (f) PROGRAM IMPLEMENTATION- Except for responsibilities related to construction, operation, and maintenance of facilities under the jurisdiction of the Commissioner of the Bureau of Reclamation, the implementation of the Secretary's responsibilities under this Act shall be through the Director of the United States Fish and Wildlife Service. SEC. 4. UPPER SACRAMENTO RIVER FISHERIES TASK FORCE. (a) ESTABLISHMENT- There is established an Upper Sacramento River Fisheries Task Force. (b) FUNCTIONS- The Task Force shall-- (1) assist the Secretary in the formulation, coordination, and implementation of the Program; and (2) assist and coordinate its activities with Federal, State, and local governmental and private anadromous fish restoration projects within the Basin. (c) MEMBERSHIP AND APPOINTMENTS- The Task Force shall be composed of 31 members appointed as follows: (1) CALIFORNIA APPOINTMENTS- (A) GOVERNMENTAL, INDUSTRY, AND RECREATION MEMBERS- A representative appointed by the Governor of California from each of-- (i) the California Department of Fish and Game; (ii) the California Department of Water Resources; (iii) the California State Water Resources Control Board; (iv) the California State Lands Commission; (v) the California Department of Forestry and Fire Prevention; (vi) the California State Reclamation Board; (vii) the California Water Commission; (viii) the California Wildlife Conservation Board; (ix) the California Department of Food and Agriculture; (x) the California State Fish and Game Commission; (xi) the Sacramento Valley Landowners Association; (xii) the Sacramento River Water Contractors Association; (xiii) the Sacramento River Preservation Trust; (xiv) the Pacific Coast Federation of Fishermen's Associations; (xv) the in-river sport fishing community; (xvi) the Golden Gate Fishermen's Association; (xvii) general fishery resources and conservation community; and (xviii) the Pacific Processors Association. (B) COUNTY MEMBERS- A representative appointed by the Governor of California from each of the counties of Butte, Colusa, Glenn, Shasta, Sutter, and Tehama in California. (2) INTERIOR APPOINTMENTS- A representative appointed by the Secretary from each of the Bureau of Reclamation, the Bureau of Land Management, and the United States Fish and Wildlife Service. (3) COMMERCE APPOINTMENT- A representative appointed by the Secretary of Commerce from the National Marine Fisheries Service. (4) DEFENSE APPOINTMENT- A representative appointed by the Secretary of the Army from the United States Army Corps of Engineers. (5) AGRICULTURE APPOINTMENT- A representative appointed by the Secretary of Agriculture from each of the Soil Conservation Service and the Forest Service. (6) ENERGY APPOINTMENT- A representative appointed by the Secretary of Energy from entities which purchase power as Central Valley Project Preference Power Customers. (d) Terms- (1) IN GENERAL- The term of a member of the Task Force is 4 years, except that-- (A) each member may be removed by the official who appointed that member before the expiration of the term of the member; and (B) a term may not extend beyond the date of the termination of the Task Force. (2) VACANCIES- Any vacancy on the Task Force shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of their term until a successor has taken office. (3) ADDITIONAL MEMBERS- The Task Force may recommend to the Secretary that additional members should be appointed to the Task Force from areas or agencies not represented on the Task Force. The Secretary may appoint an individual representing that area or agency, except that no more than 3 individuals may be appointed to the Task Force under this paragraph. (e) CESSATION OF PARTICIPATION ON TASK FORCE- An official authorized to make appointments under paragraphs (2) through (6) of subsection (c) may elect not to appoint a member to the Task Force or to withdraw from the Task Force a member appointed by that official. (f) Transaction of Business- (1) OFFICERS- The members of the Task Force shall elect a chairman and other officers from among its members. (2) MEETINGS- Except as provided in paragraph (3), the Task Force shall meet at the call of the chairman or upon the request of a majority of its members. (3) DECISIONS OF TASK FORCE- All decisions of the Task Force shall be in accordance with the consensus of all members present. (g) Staff and Administration- (1) ADMINISTRATIVE SUPPORT- The Secretary, in cooperation with the State of California, shall provide the Task Force with necessary administrative and technical support services. (2) INFORMATION- The Secretary, in cooperation with the State of California, and to the extent practicable, shall furnish the members of the Task Force with information concerning the Upper Sacramento River area relevant to the functions of the Task Force. (3) ORGANIZATION- The Task Force shall determine its organization and prescribe the practices and procedures for carrying out its functions under subsection (b). The Task Force may establish committees or work groups of technical representatives of Task Force members to advise the Task Force on specific matters. (h) MEMBERS WHO ARE FEDERAL OR STATE EMPLOYEES- Any Task Force member who is appointed to the Task Force by reason of their employment as an officer or employee of the United States or the State of California, shall cease to be a member of the Task Force on the date on which that member ceases to be so employed. (i) TRAVEL EXPENSES- While away from their homes or regular places of business in the performance of service for the Task Force, Task Force members and their technical representatives shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5, United States Code. Any Task Force member or technical representative who is an employee of an agency or governmental unit of the United States and is eligible for travel expenses from that agency or unit for performing services for the Task Force shall not be eligible for travel expenses under this paragraph. (j) COMPENSATION OF FEDERAL EMPLOYEES- Members of the Task Force technical representatives 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. (k) TERMINATION- The Task Force shall cease to exist on September 30, 2000. SEC. 5. APPROPRIATIONS AND COST SHARING. (a) AUTHORIZATION- There are authorized to be appropriated to the Department of the Interior the following: (1) FORMULATION, ESTABLISHMENT, AND IMPLEMENTATION- For the formulation, establishment, and implementation of the Program during the period beginning October 1, 1990, and ending September 30, 2000, $185,000,000 plus or minus any amounts that may be justified by reason of ordinary fluctuations in costs of construction carried out under the Program as indicated by engineering cost indexes applicable to such construction, to remain available until expended. (2) OPERATION AND MAINTENANCE- For the adminstration, operation, maintenance, and evaluation of activities authorized by section 3(b), such sums as are necessary. (b) Cost Sharing- (1) IN GENERAL- Moneys appropriated under the authority of subsection (a)(1) may not be expended until the Secretary receives assurances, considered satisfactory by the Secretary, related to the following: (A) STATE CONTRIBUTION- The State of California agrees to contribute, during the period described in subsection (a)(1), an amount equal to 25 percent of the total amount expended from appropriations made under the authority of that subsection. (B) WATER PURCHASER PAYMENTS- The electric utilities, water districts, and other direct purchasers of water and power from the Central Valley Project will pay to the general fund of the Treasury an amount equal to 50 percent of the total amount of money that is expended from appropriations made under subsection (a)(1). The Secretary and the Secretary of Energy shall determine the shares to be paid by each water and power purchaser, respectively, consistent with cost allocation procedures in effect for the Project on the date of the enactment of this Act. The water and power purchasers shall pay their respective shares-- (i) in accordance with existing rate setting policies of the Department of Energy and the Department of the Interior, respectively; and (ii) within the repayment periods, existing on the date of the enactment of this Act, relating to the purchase of power or water from the Project or within 40 years, whichever is shorter. (2) Form of state contribution- (A) IN GENERAL- State contributions pursuant to paragraph (1)(A) may be made by the State of California in the form of-- (i) cash payments to the Treasury of the United States; or (ii) in-kind contributions that are in conformance with the Program. (B) REGULATIONS- The Secretary shall issue regulations defining the standards under which the value and applicability of in-kind contributions shall be determined by the Secretary for the purposes of this paragraph. (c) LIMITATION ON USE OF APPROPRIATIONS- Amounts appropriated under this section may not be used to protect fisheries from chronic or acute toxicity caused by heavy metals or acid mine drainage. SEC. 6. DEFINITI0NS. (1) the term `Basin' means that portion of the Sacramento River, its tributaries located in California, and its drainage basin above its confluence with the Feather River; (2) the term `in-kind contribution' means a contribution of personal or real property or personnel which the Secretary determines is beneficial to the achievement of the objectives of this Act; (3) the term `Plan' means the report entitled the `Upper Sacramento River Fisheries and Riparian Habitat Management Plan', referred to in section 2(9); (4) the term `Program' means the Upper Sacramento River Fishery Resources Restoration Program implemented by the Secretary pursuant to section 3(a); (5) the term `Secretary' means the Secretary of the Interior; and (6) the term `Task Force' means the Upper Sacramento River Fisheries Task Force established by section 4(a). HR 3613 RH----2 HR 3613 RH----3 HR 3613 RH----4 HR 3613 RH----5
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Referred to the House Committee on Interior and Insular Affairs.
Referred to the Subcommittee on Fisheries and Wildlife Conservation and the Environment.
Executive Comment Requested from Interior, Commerce, Army Corps of Engineers, USDA, and DOE.
Referred to the Subcommittee on Water, Power and Offshore Energy Resources.
Subcommittee Hearings Held.
Forwarded by Subcommittee to Full Committee (Amended).
Subcommittee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended).
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Subcommittee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported adversely (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 726, Part I. Filed late, pursuant to previous special order.
Reported adversely (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 726, Part I. Filed late, pursuant to previous special order.
Reported adversely (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 726, Part II. Filed late, pursuant to previous special order.
Reported adversely (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 726, Part II. Filed late, pursuant to previous special order.
Placed on the Union Calendar, Calendar No. 482.