109TH CONGRESS
2D SESSION
H. R. ____
To direct the Secretary of Commerce to provide emergency
disaster assistance to mitigate the economic losses caused by declining
Klamath River salmon and to develop and implement a research and recovery
plan for Klamath River salmon, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. THOMPSON of California introduced the following bill;
which was referred
to the Committee on _______________
A BILL
To direct the Secretary of Commerce to provide emergency
disaster assistance to mitigate the economic losses caused by declining
Klamath River salmon and to develop and implement a research and recovery
plan for Klamath River salmon, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. IMPLEMENTATION OF KLAMATH RIVER SALMON PROTECTION MEASURES AND
DISASTER ASSISTANCE.
(a) KLAMATH RIVER FALL CHINOOK AND COHO SALMON PROTECTION
MEASURES.—
(1) IN GENERAL.— The Secretary of Commerce shall develop and implement a
coordinated, comprehensive research and recovery program for Klamath River
Fall Chinook salmon and Klamath River Fall Coho salmon.
(2) PROGRAM FEATURES.— The program shall be designed to
study or implement—
(A) in-river monitoring of Ceratomyxa Shasta and Parvicapsula
minibicornus, and
implementation of any immediate protective measures against
such pathogens;
(B) additional ocean and in-river fisheries population
monitoring;
(C) completion of a recovery plan for Coho salmon on the
Klamath River;
(D) operation and maintenance of stream gauges for flow
monitoring on the Klamath
River and its tributaries, including the Shasta, Scott, Salmon and Trinity
Rivers;
(E) fish passage in the Klamath National Forest, and Six
Rivers National Forest; and
(F) restoration of aquatic habitats in the Klamath River basin with emphasis
on the
Klamath and its tributaries below Iron Gate Dam.
(3) DEADLINE FOR ISSUANCE OF RECOVERY PLAN.—
The Secretary shall issue a recovery plan for Coho salmon on
the Klamath River for purposes of paragraph (2)(C) by not later than 6
months after the date of the enactment of this Act.
(4) APPROPRIATION.—
(A) IN GENERAL.—To implement out the program developed
under this subsection, there is appropriated to the Secretary of Commerce
$45,000,000, which shall remain available until expended.
(B) LIMITATION ON USE OF FUNDS.— None of the amounts
appropriated under this paragraph may be distributed before the date the
Secretary issues a salmon recovery plan under paragraph (3).
(b) EMERGENCY DISASTER ASSISTANCE.—
(1) AUTHORIZATION OF PAYMENT.—The Secretary of Commerce
shall make a direct payment to the Pacific States Marine Fisheries
Commission to distribute to fishing communities, Indian tribes, businesses,
holders of community development quotas issued under the Magnuson-Stevens
Fishery Conservation and Management Act, individuals, and other entities as
emergency disaster assistance to mitigate the economic losses caused by
declining Klamath River Fall Chinook salmon.
(2) PAYMENT RECIPIENT REPORTS.—
The Secretary of Commerce shall require that the Pacific
States Marine Fisheries Commission shall, within 6 months after receiving a
payment under this subsection, submit to the Secretary of Commerce and the
Committee on Appropriations of the House of Representatives and the Senate a
report describing the persons to whom the payment was distributed and the
rationale for such distributions.
(3) EXCLUSION OF PAYMENTS FROM GROSS INCOME.—
For purposes of the Internal Revenue Code of 1986—
(A) EXCLUSION.—Gross income shall not include any amount
received as a payment or distribution under paragraph (1).
(B) DENIAL OF DOUBLE BENEFIT.— Rules similar to the rules
of subsections (g)(3) and (h) of section 139 of such Code shall apply with
respect to any amount excluded under subparagraph (A).
(4) APPROPRIATION.— There is appropriated to the Secretary
of Commerce $81,000,000 to make payments under this subsection.
(c) REPORTS BY SECRETARIES.— Not
later than one year after the date of the enactment of this Act, and
annually thereafter, the Secretary of Commerce shall report to the Congress
on progress in implementing subsection (a) and specifically note how
projects under subsection (a) have increased water quantity, improved water
quality, increased salmon populations, and specifically benefited
salmon spawning habitat.
April 21, 2006 (12:21 PM)
