Public Law 102-575 (October 30, 1992)
Sec. 3406. FISH, WILDLIFE AND HABITAT RESTORATION.
(b) FISH AND WILDLIFE RESTORATION ACTIVITIES. - The Secretary, immediately upon the enactment of this title, shall operate the Central Valley Project to meet all obligations under state and federal law, including but not limited to the federal Endangered Species Act, 16 U.S.C. s 1531, et seq., and all decisions of the California State Water Resources Control Board establishing conditions on applicable licenses and permits for the project. The Secretary, in consultation with other State and Federal agencies, Indian tribes, and affected interests, is further authorized and directed to: …
in order to meet Federal trust responsibilities to
protect the fishery resources of the Hoopa Valley Tribe, and to meet the
fishery restoration goals of the Act of
(A) by September 30, 1996, the Secretary, after consultation with the Hoopa Valley Tribe, shall complete the Trinity River Flow Evaluation Study currently being conducted by the U.S. Fish and Wildlife Service under the mandate of the Secretarial Decision of January 14, 1981, in a manner which insures the development of recommendations, based on the best available scientific data, regarding permanent instream fishery flow requirements and Trinity River Division operating criteria and procedures for the restoration and maintenance of the Trinity River fishery; and
(B) not later than December 31, 1996, the
Secretary shall forward the recommendations of the Trinity River Flow
Evaluation Study, referred to in subparagraph (A) of
this paragraph, to the Committee on Energy and Natural Resources and the Select
Committee on Indian Affairs of the Senate and the Committee on Interior and
Insular Affairs and the Committee on Merchant Marine and Fisheries of the House
of Representatives. If the Secretary and the Hoopa Valley Tribe concur in these
recommendations, any increase to the minimum
If the Secretary and the State of California determine that long-term natural fishery productivity in all Central Valley Project controlled rivers and streams resulting from implementation of this section exceeds that which existed in the absence of Central Valley Project facilities, the costs of implementing those measures which are determined to provide such enhancement shall become credits to offset reimbursable costs associated with implementation of this subsection.