Pub. L. 104-208, div. B, tit. II, sec. 201

UPPER KIAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.

EnactedYear: 1996Length: 963 wordsOfficial source
SEC. 201. UPPER KIAMATH BASIN ECOLOGICAL RESTORATION PROJECTS. (a) Definitions.— In this section: (1) Ecosystem restoration office.— The term “Ecosystem Restoration Office” means the Klamath Basin Ecosystem Restoration Office operated cooperatively by the United States Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, and Forest Service. (2) Working group.— The term “Working Group” means the Upper Klamath Basin Working Group, established before the date of enactment of this title, consisting of members nominated by their represented groups, including: (A) 3 tribal members; (B) 1 representative of the city of Klamath Falls, Oregon; (C) 1 representative of Klamath County, Oregon; (D) 1 representative of institutions of higher education in the Upper Klamath Basin; (E) 4 representatives of the environmental community, including at least one such representative from the State of California with interests in the Klamath Basin National Wildlife Refuge Complex; (F) 4 representatives of local businesses and industries, including at least one representative of the wood products industry and one representative of the ocean commercial fishing industry and/or the recreational fishing industry based in either Oregon or California; (G) 4 representatives of the ranching and farming community, including representatives of Federal lease-land farmers and ranchers and of private land farmers and ranchers in the Upper Klamath Basin; (H) 2 representatives from State of Oregon agencies with authority and responsibility in the Klamath River Basin, including one from the Oregon Department of Fish and Wildlife and one from the Oregon Water Resources Department; (I) 4 representatives from the local community; (J) 1 representative each from the following Federal resource management agencies in the Upper Klamath Basin: Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, Bureau of Indian Affairs, Forest Service, Natural Resources Conservation Service, National Marine Fisheries Service and Ecosystem Restoration Office; and (K) 1 representative of the Klamath County Soil and Water Conservation District. (3) Secretary.— The term “Secretary” means the Secretary of the Interior. 110 STAT. 3009–533 (4) Task force.— The term “Task Force” means the Klamath River Basin Fisheries Task Force as established by the Klamath River Basin Fishery Resource Restoration Act (Public Law 99–552, 16 U.S.C. 460ss–3, et. seq.). (5) Compact commission.— The term “Compact Commission” means the Klamath River Basin Compact Commission created pursuant to the Klamath River Compact Act of 1954. (6) Consensus.— The term “consensus” means a unanimous agreement by the Working Group members present and consisting of at least a quorum at a regularly scheduled business meeting. (7) Quorum.— The term “quorum” means one more than half of those qualified Working Group members appointed and eligible to serve. (8) Trinity task force.— The term “Trinity Task Force” means the Trinity River Restoration Task Force created by Public Law 98–541, as amended by Public Law 104–143. (b) In General.— (1) The Working Group through the Ecosystem Restoration Office, with technical assistance from the Secretary, will propose ecological restoration projects, economic development and stability projects, and projects designed to reduce the impacts of drought conditions to be undertaken in the Upper Klamath Basin based on a consensus of the Working Group membership. (2) The Secretary shall pay, to the greatest extent feasible, up to 50 percent of the cost of performing any project approved by the Secretary or his designee, up to a total amount of $1,000,000 during each of fiscal years 1997 through 2001. (3) Funds made available under this title through the Department of the Interior or the Department of Agriculture shall be distributed through the Ecosystem Restoration Office. (4) The Ecosystem Restoration Office may utilize not more than 15 percent of all Federal funds administered under this section for administrative costs relating to the implementation of this title. (5) All funding recommendations developed by the Working Group shall be based on a consensus of Working Group members. (c) Coordination.— (1) The Secretary shall formulate a cooperative agreement among the Working Group, the Task Force, the Trinity Task Force and the Compact Commission for the purposes of ensuring that projects proposed and funded through the Working Group are consistent with other basin-wide fish and wildlife restoration and conservation plans, including but not limited to plans developed by the Task Force and the Compact Commission. (2) To the greatest extent practicable, the Working Group shall provide notice to, and accept input from, two members each of the Task Force, the Trinity Task Force, and the Compact Commission, so appointed by those entities, for the express purpose of facilitating better communication and coordination regarding additional basin-wide fish and wildlife and ecosystem restoration and planning efforts. The roles and relationships of the entities involved shall be clarified in the cooperative agreement. 110 STAT. 3009–534 (d) Public Meetings.— The Working Group shall conduct all meetings subject to applicable open meeting and public participation laws. The chartering requirements of 5 U.S.C. App 2 ss 1–15 are hereby deemed to have been met by this section. (e) Terms and Vacancies.— Working Group members shall serve for 3-year terms, beginning on the date of enactment of this title. Vacancies which occur for any reason after the date of enactment of this title shall be filled by direct appointment of the governor of the State of Oregon, in consultation with the Secretary of the Interior and the Secretary of Agriculture, in accordance with nominations from the appropriate groups, interests, and government agencies outlined in subsection (a)(2). (f) Rights, Duties and Authorities Unaffected.— The Working Group will supplement, rather than replace, existing efforts to manage the natural resources of the Klamath Basin. Nothing in this title affects any legal right, duty or authority of any person or agency, including any member of the working group. (g) Authorization of Appropriations.— There are authorized to be appropriated to carry out this title $1,000,000 for each of fiscal years 1997 through 2002.
Pub. L. 104-208, div. B, tit. II, sec. 201: UPPER KIAMATH BASIN ECOLOGICAL RESTORATION PROJECTS. | Justis AI