16 U.S.C. § 460ss–3: Klamath River Basin…

Summary

Creates a Klamath River Basin Fisheries Task Force to help plan, coordinate, and carry out fish restoration work in the Klamath area. The Task Force must help the Secretary, work with federal, state, local, and private restoration projects, do other needed activities to meet program goals, and can advise the Council. The group has 14 members: representatives named by California’s governor for commercial salmon fishing, in-river sport fishing, and the California Department of Fish and Game; tribes and county boards pick other members (including Hoopa, Karuk, and Yurok representatives, and one person each from Del Norte, Siskiyou, Humboldt, and Trinity Counties); federal agencies and state agencies (Interior, Commerce/NMFS, Agriculture, and Oregon Department of Fish and Wildlife) also appoint members. Members serve 4-year terms and stay until a replacement arrives. The Task Force sets its own rules, must have a quorum to meet business, picks its own chair, and meets when the chair or a majority asks. The Secretary and the California Department of Fish and Game must give staff help and information. Any member who leaves a government job must leave the Task Force within 14 days. Members can get travel pay like intermittent federal employees under section 5703 of title 5, unless their agency pays them. If the program expands above Iron Gate Dam, two more members are added: a Klamath County appointee and a Klamath Tribe representative.

Title 16, §460ss–3

Conservation, Source: USLM XML via OLRC

(a)Establishment

There is established a Klamath River Basin Fisheries Task Force (hereafter in this subchapter referred to as the “Task Force”).

(b)Functions

The Task Force—

(1)shall assist the Secretary in the formulation, coordination, and implementation of the program;

(2)shall assist, and coordinate its activities with, Federal, State, and local governmental or private anadromous fish restoration projects within the Area;

(3)shall conduct any other activity that is necessary to accomplish the objectives of the program; and

(4)may act as an advisor to the Council.

(c)Membership and appointment

The Task Force is composed of 14 members as follows:

(1)A representative, who shall be appointed by the Governor of California, of each of the following:

(A)The commercial salmon fishing industry.

(B)The in-river sport fishing community.

(C)The California Department of Fish and Game.

(2)A representative of the Hoopa Indian Tribe who shall be appointed by the Hoopa Valley Business Council.

(3)A representative of the Department of the Interior who shall be appointed by the Secretary.

(4)A representative of the National Marine Fisheries Service who shall be appointed by the Secretary of Commerce.

(5)A representative of the Department of Agriculture who shall be appointed by the Secretary of Agriculture.

(6)A representative of the Oregon Department of Fish and Wildlife who shall be appointed by the Governor of Oregon.

(7)One individual who shall be appointed by the Board of Supervisors of Del Norte County, California.

(8)One individual who shall be appointed by the Board of Supervisors of Siskiyou County, California.

(9)One individual who shall be appointed by the Board of Supervisors of Humboldt County, California.

(10)One individual who shall be appointed by the Board of Supervisors of Trinity County, California.

(11)A representative of the Karuk Tribe, who shall be appointed by the governing body of the Tribe,

(12)A representative of the Yurok Tribe, who shall be appointed by the Secretary until such time as the Yurok Tribe is organized upon which time the Yurok Tribe shall appoint such representative beginning with the first appointment ordinarily occurring after the Yurok Tribe is organized

(d)Council membership not a bar to Task Force appointment

An individual who is a member of the Council is not ineligible for appointment as a member of the Task Force.

(e)Terms

(1)In general

The term of a member of the Task Force is 4 years.

(2)Service

Members of the Task Force serve at the pleasure of the appointing authorities.

(3)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 his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office.

(f)Transaction of business

(1)Procedures

The Task Force shall establish practices and procedures for the carrying out of its functions under subsection (b). The procedures shall include the requirement that a quorum of the Task Force must be present before business may be transacted.

(2)Chairman

The members of the Task Force shall select a Chairman from among its members.

(3)Meetings

The Task Force shall meet at the call of the Chairman or upon the request of a majority of its members.

(g)Staff and administration

(1)Administrative support

The Secretary and the Director of the California Department of Fish and Game shall provide the Task Force with the administrative and technical support services necessary for the effective functioning of the Task Force.

(2)Information

The Secretary and the Director of the California Department of Fish and Game shall furnish the members of the Task Force with relevant information concerning the Area.

(3)Organization

The Task Force shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b).

(h)Members who are Federal or State employees

Any Task Force member who is an officer or employee of the United States, the State of California, or the State of Oregon at the time of appointment to the Task Force shall cease to be a member of the Task Force within 14 days of the date on which he ceases to be so employed.

(i)Expenses

(1)Travel expenses

While away from their homes or regular places of business in the performance of services for the Task Force, Task Force members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of title 5. Any Task Force member who is an employee of an agency or governmental unit and is eligible for travel expenses from that agency or unit for performing services for the Task Force is not eligible for travel expenses under this paragraph.

(2)Limitation on spending authority

No money authorized to be appropriated under section 460ss–5 of this title may be used to reimburse any agency or governmental unit (whose employees are Task Force members) for time spent by any such employee performing Task Force duties.

(j)Membership increase upon program expansion

At such time as the program is expanded to include portions of the Klamath River upstream from the Iron Gate dam, membership on the Task Force shall be increased to include the following—

(1)One individual who shall be appointed by the Commissioners of Klamath County, Oregon.

(2)A representative of the Klamath Tribe, who shall be appointed by the governing body of the Tribe.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (j). Pub. L. 102–570 added subsec. (j). 1988—Subsec. (c). Pub. L. 100–580, § 12(a)(A), substituted “14” for “12” in introductory provisions. Subsec. (c)(11), (12). Pub. L. 100–580, § 12(a)(B), added pars. (11) and (12). Subsec. (f)(1). Pub. L. 100–653, § 602(b), substituted “Procedures” for “Decisions of Task Force” as par. heading and amended text generally. Prior to amendment, text read as follows: “All decisions of the Task Force must be by unanimous vote of all the members.” Subsec. (h). Pub. L. 100–653, § 603(1), substituted “, the State of California, or the State of Oregon” for “or the State of California”. Subsec. (i). Pub. L. 100–653, § 601, substituted “Expenses” for “Limitation on spending authority” in heading and amended text generally, designating existing provisions as par. (2) and adding par. (1).

Statutory Notes and Related Subsidiaries

Special Rule Pub. L. 100–580, § 12(b), Oct. 31, 1988, 102 Stat. 2935, provided that: “The initial term of the representative appointed pursuant to section 4(c)(11) and (12) of such Act [16 U.S.C. 460ss–3(c)(11), (12)] (as added by the amendment made by subsection (a)) shall be for that time which is the remainder of the terms of the members of the Task Force then serving. Thereafter, the term of such representatives shall be as provided in section 4(e) of such Act.”

§460ss–3 Klamath River Basin Fisheries Task Force