16 U.S.C. § 460ss–3 — Klamath River Basin Fisheries Task Force

submitted 40 years ago by Pub. L. 99-552 to r/title-16-CONSERVATION · 951 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a 14-member Klamath River Basin Fisheries Task Force to help the Secretary run the fish restoration program and coordinate with other restoration projects. Members represent fishing groups, tribes, agencies, and four California counties, serving 4-year terms.

(a) Establishment: The law creates a Klamath River Basin Fisheries Task Force (called "the Task Force"). (b) Functions: The Task Force: (1) must help the Secretary design, coordinate, and carry out the restoration program; (2) must help, and coordinate with, federal, state, local, and private fish restoration projects within the Area; (3) must do any other work needed to meet the program's goals; and (4) may advise the Council. (c) Membership and appointment: The Task Force has 14 members: (1) One representative each, appointed by California's Governor, from: (A) the commercial salmon fishing industry; (B) the in-river sport fishing community; and (C) the California Department of Fish and Game. (2) One representative of the Hoopa Indian Tribe, appointed by the Hoopa Valley Business Council. (3) One representative of the Department of the Interior, appointed by the Secretary. (4) One representative of the National Marine Fisheries Service, appointed by the Secretary of Commerce. (5) One representative of the Department of Agriculture, appointed by the Secretary of Agriculture. (6) One representative of the Oregon Department of Fish and Wildlife, appointed by Oregon's Governor. (7) One member appointed by the Del Norte County, California Board of Supervisors. (8) One member appointed by the Siskiyou County, California Board of Supervisors. (9) One member appointed by the Humboldt County, California Board of Supervisors. (10) One member appointed by the Trinity County, California Board of Supervisors. (11) One representative of the Karuk Tribe, appointed by the Tribe's governing body. (12) One representative of the Yurok Tribe. The Secretary appoints this person until the Yurok Tribe organizes itself; after that, the Tribe appoints its own representative starting with the first appointment made after the Tribe organizes. (d) Council membership not a bar to Task Force appointment: A Council member can also serve on the Task Force. (e) Terms: (1) A Task Force member serves a 4-year term. (2) Members serve as long as whoever appointed them wants them to. (3) Vacancies are filled the same way the original appointment was made. Someone appointed to fill a vacancy only serves the rest of that term. A member may keep serving past the end of the term until a successor takes office. (f) Transaction of business: (1) The Task Force must set its own procedures for its work under (b), including a rule that a quorum must be present before any business happens. (2) Task Force members choose a Chairman from among themselves. (3) The Task Force meets when the Chairman calls a meeting, or when a majority of members ask for one. (g) Staff and administration: (1) The Secretary and the Director of the California Department of Fish and Game must give the Task Force whatever administrative and technical support it needs to work effectively. (2) They must also give Task Force members relevant information about the Area. (3) The Task Force decides its own organization and sets its own practices and procedures for its work under (b). (h) Members who are Federal or State employees: If a Task Force member is a U.S., California, or Oregon government employee when appointed, that member must leave the Task Force within 14 days of leaving that job. (i) Expenses: (1) Travel expenses: While traveling away from home for Task Force business, members get travel expenses -- including a daily allowance for living costs -- the same way as people occasionally hired by the government. But a member who already gets travel expenses from their own employer for Task Force work cannot also claim these expenses. (2) Limitation on spending authority: Money appropriated under section 460ss–5 cannot be used to repay an agency or government unit for time its employee spent on Task Force work, if that employee is a Task Force member. (j) Membership increase upon program expansion: If the program expands to cover parts of the Klamath River upstream of the Iron Gate dam, the Task Force gains two more members: (1) one appointed by the Klamath County, Oregon Commissioners; and (2) one representative of the Klamath Tribe, appointed by the Tribe's governing body.

the actual law source: uscode.house.gov ↗public domain

(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.

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,1

(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 2

(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.

Source credit: (Pub. L. 99–552, § 4, Oct. 27, 1986, 100 Stat. 3084; Pub. L. 100–580, § 12(a), Oct. 31, 1988, 102 Stat. 2935; Pub. L. 100–653, title VI, §§ 601, 602(b), 603(1), Nov. 14, 1988, 102 Stat. 3829, 3830; Pub. L. 102–570, § 2, Oct. 29, 1992, 106 Stat. 4490.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 99-552 · 100 Stat. 3084
1988Amended · Pub. L. 100-580 · 102 Stat. 2935
1988Amended · Pub. L. 100-653 · 102 Stat. 3829, 3830
1992Amended · Pub. L. 102-570 · 106 Stat. 4490

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-552 on 1986-10-27.

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