§ 460ss-3. — Klamath River Basin Fisheries Task Force.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ss-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIV--KLAMATH RIVER CONSERVATION AREA
Sec. 460ss-3. Klamath River Basin Fisheries Task Force
(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,\1\
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\1\ So in original. The comma probably should be a period.
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(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\
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\2\ So in original. Probably should be followed by a period.
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(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) of this section.
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) of this section.
(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.
(Pub. L. 99-552, Sec. 4, Oct. 27, 1986, 100 Stat. 3084; Pub. L. 100-580,
Sec. 12(a), Oct. 31, 1988, 102 Stat. 2935; Pub. L. 100-653, title VI,
Secs. 601, 602(b), 603(1), Nov. 14, 1988, 102 Stat. 3829, 3830; Pub. L.
102-570, Sec. 2, Oct. 29, 1992, 106 Stat. 4490.)
Amendments
1992--Subsec. (j). Pub. L. 102-570 added subsec. (j).
1988--Subsec. (c). Pub. L. 100-580, Sec. 12(a)(A), substituted
``14'' for ``12'' in introductory provisions.
Subsec. (c)(11), (12). Pub. L. 100-580, Sec. 12(a)(B), added pars.
(11) and (12).
Subsec. (f)(1). Pub. L. 100-653, Sec. 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, Sec. 603(1), substituted ``, the State
of California, or the State of Oregon'' for ``or the State of
California''.
Subsec. (i). Pub. L. 100-653, Sec. 601, substituted ``Expenses'' for
``Limitation on spending authority'' in heading and amended text
generally, designating existing provisions as par. (2) and adding par.
(1).
Special Rule
Section 12(b) of Pub. L. 100-580 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.''
Section Referred to in Other Sections
This section is referred to in sections 460ss-1, 460ss-5 of this
title.
