Home > 105th Congressional Bills > H.R. 1761 (ih) To provide for improved coordination, communication, and enforcement ...H.R. 1761 (ih) To provide for improved coordination, communication, and enforcement ...
108th CONGRESS
1st Session
H. R. 1760
To establish water conservation and habitat restoration programs in the
Klamath River basin and to provide emergency disaster assistance to
fishermen, Indian tribes, small businesses, and others that suffer
economic harm from the devastating effects of the Klamath River basin
fish kill of 2002.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. Thompson of California (for himself, Mr. George Miller of
California, Mr. Matsui, Mr. Farr, Mr. Blumenauer, Ms. Solis, Mrs.
Napolitano, Mr. Berman, Mr. Honda, Ms. Lee, Ms. Harman, Mr. Schiff, Ms.
Watson, Ms. Lofgren, Mr. Lantos, Mrs. Capps, Ms. Eshoo, Mr. Waxman, Ms.
Woolsey, Mr. Sherman, Mrs. Davis of California, and Mr. Baca)
introduced the following bill; which was referred to the Committee on
Resources
_______________________________________________________________________
A BILL
To establish water conservation and habitat restoration programs in the
Klamath River basin and to provide emergency disaster assistance to
fishermen, Indian tribes, small businesses, and others that suffer
economic harm from the devastating effects of the Klamath River basin
fish kill of 2002.
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 ``Klamath River Basin Restoration and
Emergency Assistance Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Klamath basin.--The term ``Klamath Basin'' means the
watershed areas in Oregon and California that drain into the
Klamath River System.
(2) Klamath basin national wildlife refuges.--The term
``Klamath Basin National Wildlife Refuges'' means the
following:
(A) The Lower Klamath National Wildlife Refuge.
(B) The Tule Lake National Wildlife Refuge.
(C) The Clear Lake National Wildlife Refuge.
(D) The Upper Klamath National Wildlife Refuge.
(E) The Bear Valley National Wildlife Refuge.
(F) The Klamath Marsh National Wildlife Refuge.
(3) Program.--The term ``Program'' means the Klamath River
Basin Conservation Area Restoration Program established under
section 3.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise specified.
(5) Task Force.--The term ``Task Force'' means the Klamath
Basin Restoration Task Force established by section 6.
(6) Tribes.--The term ``Tribes'' means--
(A) the Klamath Tribes;
(B) the Hoopa Valley Tribe;
(C) the Karuk Tribe; and
(D) the Yurok Tribe.
(7) Water conservation.--The term ``water conservation''--
(A) subject to subparagraph (B), means actions
taken to improve the efficiency of storage, conveyance,
distribution, or use of water, including such actions
taken specifically for protection and restoration of
fish and wildlife species in the Klamath Basin; and
(B) does not include the construction of any dam,
reservoir, or well.
SEC. 3. KLAMATH WATER QUALITY AND CONSERVATION PROGRAM.
(a) Establishment of Program.--The Secretary of the Interior,
acting through the Commissioner of the Bureau of Reclamation and the
Director of the United States Fish and Wildlife Service, shall,
immediately upon the enactment of this Act, establish a program for
providing financial and technical assistance for water conservation in
the Klamath Basin. The program shall be known as the ``Klamath River
Basin Conservation Area Restoration Program''.
(b) Assistance.--The Secretary, under the Program, may provide
loans, grants, and technical assistance to qualified applicants for
preparation and implementation of plans for and short- and long-term
eligible water conservation projects and measures in the Klamath Basin.
(c) Qualified Applicant.--
(1) In general.--For purposes of subsection (b), a
qualified applicant is any irrigation district, Indian tribe,
nonprofit nongovernmental organization, or individual landowner
that meets qualification requirements established by the
Secretary under paragraph (2).
(2) Qualification requirements.--The Secretary shall issue
regulations establishing qualification requirements for
purposes of paragraph (1) by not later than 1 year after the
date of the enactment of this Act.
(d) Eligible Water Conservation Projects and Measures.--For
purposes of subsection (b), eligible water conservation projects and
measures include the following:
(1) Incentives for growing crops that require less water
than crops grown on the date of the enactment of this Act, in--
(A) the Upper Klamath Basin above Iron Gate Dam; or
(B) the Scott and Shasta River Valleys and other
Lower Klamath Basin areas.
(2) Purchase, from a willing seller, of land, water rights
associated with land, and other property interests in the Upper
Klamath Basin above Iron Gate Dam and within the Scott and
Shasta River Valleys and other Lower Klamath Basin areas,
including acquisition of nonirrigation conservation easements
that preclude the grantor of such an easement from irrigating
lands that are subject to such an easement.
(3) Short- or long-term contracts for the lease, from a
willing seller or lessor of land, of water rights associated
with land and other property interests in the Klamath Basin.
(4) Tail-water recovery programs, and lining or piping (or
both) of earthen irrigation channels.
(5) Groundwater recharge and management systems.
(6) Restoration of in-stream habitat conditions, consistent
with generally accepted stream improvement practices, in
accordance with the California Department of Fish and Game
stream improvement manual (for projects and measures in
California) or the Oregon Watershed Enhancement Board stream
restoration guidelines (for projects and measures in Oregon),
as applicable.
(7) Field leveling, monitoring of soil moisture conditions,
and irrigation scheduling.
(8) Restoration of riparian habitat for the purposes of
improving water quality and conservation.
(9) Updating and installation of water monitoring and
metering facilities.
(e) Water Conservation for Fish Habitat Restoration.--The Secretary
shall require that any water conservation project or measure for fish
habitat restoration purposes that is carried out with assistance under
this section shall be carried out in accordance with all applicable
State and Federal laws.
(f) Prohibition of Use of Funds.--None of the funds made available
under this Act may be used to plan, design, or construct new facilities
that may be used to store, divert, distribute, or otherwise supply
water from any source for the purpose of bringing newly irrigated lands
into agricultural production.
(g) Cost Sharing.--
(1) In general.--The Federal share of the cost of any
activity carried out with a loan or grant under this section
shall not exceed 75 percent.
(2) In-kind contributions.--(A) The Secretary shall apply
to the non-Federal share of the cost of any activity carried
out with a loan or grant under this section (in addition to
cash outlays), the value of in-kind contributions to the
activity of real and personal property and voluntary personal
services provided from non-Federal sources.
(B) Any valuation of property or services by the Secretary
for purposes of this paragraph is final and not subject to
judicial review.
(C) The Secretary shall by regulation establish--
(i) the training, experience, and other
qualifications that volunteers must have in order for
their services to be considered as in-kind
contributions under this paragraph; and
(ii) the standards under which the Secretary will
determine the value of in-kind contributions for
purposes of this paragraph.
(3) Limitation.--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 for purposes of this subsection.
(h) Operation and Maintenance Expenses.--No Federal funds may be
expended for operation or maintenance of any facility constructed under
this Act.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section $200,000,000 for fiscal
years 2004 through 2016, of which no more than $5,000,000 shall
be used for short-term and long-term water leasing programs in
the Klamath Basin for eligible water conservation projects and
measures described in subsection (d)(4).
(2) Availability.--Amounts appropriated under this
subsection may remain available until expended.
SEC. 4. EMERGENCY DISASTER ASSISTANCE.
(a) In General.--The Secretary of the Interior, subject to the
availability of appropriations, shall provide emergency financial
assistance to persons in northern California and Oregon coastal
communities that were adversely affected by the Klamath Basin salmon
kill disaster of 2002, including Indian tribes, participants in the
recreational and commercial fishing industries, owners and operators of
fish processing facilities, and other businesses that were so affected.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $20,000,000 to provide
assistance under this section.
SEC. 5. FLOW RATES.
The Secretary of the Interior shall release the funds necessary to
complete in final form the document entitled ``Evaluation of Interim
Instream Flow Needs in the Klamath River, Phase II, Final Report'',
prepared for the Department of the Interior by Dr. Thomas B. Hardy and
Mr. R. Craig Addley (also known as the ``Final Hardy Phase II Report'')
by no later than one month after the date of the enactment of this Act.
SEC. 6. KLAMATH BASIN RESTORATION TASK FORCE.
(a) Establishment.--There is established a Klamath Basin
Restoration Task Force.
(b) Functions.--The Task Force shall--
(1) advise the Secretary in the formulation, coordination,
and implementation of the Program;
(2) develop and propose water conservation projects and
measures for receipt of assistance under the Program, and make
recommendations on eligible water conservation projects and
measures to be provided assistance under the Program;
(3) assist, and coordinate its activities with, Federal,
State, and local governmental or private anadromous and
resident native fish restoration projects within the Klamath
Basin;
(4) conduct any other activity that is necessary to
accomplish the objectives of the Program; and
(5) act as an advisor to the Klamath Fisheries Management
Council.
(c) Membership and Appointment.--The Task Force shall consist of 32
members, as follows:
(1) Nine members appointed by the Governor of California,
as follows:
(A) A representative of the California commercial
salmon fishing industry.
(B) A representative of the California in-river
sport fishing or in-stream recreational industry.
(C) A representative of the California Department
of Fish and Game.
(D) A representative of the California Department
of Water Resources.
(E) A representative of private land owners in the
Lower Klamath River basin farming and ranching
community, who reside in the State of California and
who are not dependent on the Federal Klamath Irrigation
Project for water supplies.
(F) A representative of private land owners in the
farming and ranching community who reside in the State
of California and who are dependent on the Federal
Klamath Irrigation Project for water supplies.
(G) Two representatives of California-based
environmental organizations, or of national
organizations having an office in California, with
interests in ecosystem restoration, anadromous
fisheries and wildlife refuges in the Klamath Basin.
(H) A citizen of California who resides in the
Lower Klamath Basin to represent the general business
community and who is drawn from the California business
community of the Lower Klamath Basin.
(2) Nine members appointed by the Governor of Oregon, as
follows:
(A) A representative of the Oregon commercial
salmon fishing industry.
(B) A representative of the Oregon in-river sport
fishing or in-stream recreational industry.
(C) A representative of the Oregon Department of
Fish and Wildlife.
(D) A representative of the Oregon Water Resources
Department.
(E) A representative of private land owners in the
Upper Klamath Basin farming and ranching community, who
reside in the State of Oregon and who are not dependent
on the Federal Klamath Irrigation Project for water
supplies.
(F) A representative of private land owners in the
farming and ranching community who reside in the State
of Oregon and who are dependent on the Federal Klamath
Irrigation Project for water supplies.
(G) Two representatives of Oregon-based
environmental organizations, or of national
organizations having an office in Oregon, with
interests in ecosystem restoration, anadromous
fisheries and wildlife refuges in the Klamath Basin.
(H) A citizen of Oregon who resides in the Upper
Klamath Basin to represent the general business
community and who is drawn from the Oregon business
community of the Upper Klamath Basin.
(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 and the Department of Commerce, who shall be appointed
by the Secretary of Commerce.
(5) A representative of the Department of Agriculture who
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