{"identifier":"/us/usc/t16/s460ss\u20131","title":16,"num":"\u00a7\u202f460ss\u20131.","heading":"Establishment","text":"\u00a7\u202f460ss\u20131.\nEstablishment\n(a)\nIn general\nThe Secretary shall designate the anadromous fish habitats and resources of the Klamath River basin as the Klamath River Basin Conservation Area (hereafter in this subchapter referred to as the \u201cArea\u201d).\n(b)\nRestoration program\n(1)\nEstablishment\nThe Secretary shall, in consultation with the task force established under\nsection 460ss\u20133 of this title\nsection 460ss(6) of this title\n(2)\nProgram activities\nIn carrying out the objectives of the program, the Secretary, in cooperation with the task force established under\n(A) monitor and coordinate research evaluating the Area anadromous fish populations and administer and evaluate the success of activities described in subparagraph (B); and\n(B) take such actions as are necessary to\u2014\n(i) improve and restore Area habitats, and to promote access to blocked Area habitats, to support increased run sizes;\n(ii) rehabilitate problem watersheds in the Area to reduce negative impacts on fish and fish habitats;\n(iii) improve existing Area hatcheries and rearing ponds to assist in rebuilding the natural populations;\n(iv) implement an intensive, short-term stocking program to rebuild run sizes while maintaining the genetic integrity and diversity of Area subbasin stocks; and\n(v) improve upstream and downstream migration by removal of obstacles to fish passage and the provision of facilities for avoiding obstacles.\n(3)\nRestoration work\nTo the extent practicable, any restoration work performed under paragraph (2)(B) shall be performed by unemployed\u2014\n(A) commercial fishermen;\n(B) Indians; and\n(C) other persons whose livelihood depends upon Area fishery resources.\n(4)\nMemorandum of agreement\nIn order to facilitate the implementation of any activity described in paragraph (2) over which the Secretary does not have jurisdiction, the Secretary shall enter into a memorandum of agreement with the Federal, State, and local agencies having jurisdiction over such activities, and the Area Indian tribes. The memorandum of agreement shall specify the program activities for which the respective signatories to the agreement are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of the program.","url":"https://projectusc.org/usc/t16/s460ss\u20131.html","content":[{"t":"sec","id":"/us/usc/t16/s460ss\u20131","children":[{"t":"num","text":"\u00a7\u202f460ss\u20131."},{"t":"heading","text":"Establishment"},{"t":"subsec","id":"/us/usc/t16/s460ss\u20131/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall designate the anadromous fish habitats and resources of the Klamath River basin as the Klamath River Basin Conservation Area (hereafter in this subchapter referred to as the \u201cArea\u201d).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460ss\u20131/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Restoration program"},{"t":"para","id":"/us/usc/t16/s460ss\u20131/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Establishment"},{"t":"content","children":[{"t":"p","text":"The Secretary shall, in consultation with the task force established under ","children":[{"t":"ref","text":"section 460ss\u20133 of this title","href":"/us/usc/t16/s460ss\u20133","tail":", formulate, establish, and implement a 20-year program to restore the anadromous fish populations of the Area to optimum levels and to maintain such levels. The program shall be based on the Klamath River Basin Fisheries Resource Plan referred to in "},{"t":"ref","text":"section 460ss(6) of this title","href":"/us/usc/t16/s460ss/6","tail":" and shall be known as the Klamath River Basin Conservation Area Restoration Program."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460ss\u20131/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Program activities"},{"t":"chapeau","text":"In carrying out the objectives of the program, the Secretary, in cooperation with the task force established under ","children":[{"t":"ref","text":"section 460ss\u20133 of this title","href":"/us/usc/t16/s460ss\u20133","tail":", shall\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s460ss\u20131/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" monitor and coordinate research evaluating the Area anadromous fish populations and administer and evaluate the success of activities described in subparagraph (B); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460ss\u20131/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" take such actions as are necessary to\u2014"},{"t":"clause","id":"/us/usc/t16/s460ss\u20131/b/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" improve and restore Area habitats, and to promote access to blocked Area habitats, to support increased run sizes;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460ss\u20131/b/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" rehabilitate problem watersheds in the Area to reduce negative impacts on fish and fish habitats;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460ss\u20131/b/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" improve existing Area hatcheries and rearing ponds to assist in rebuilding the natural populations;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460ss\u20131/b/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" implement an intensive, short-term stocking program to rebuild run sizes while maintaining the genetic integrity and diversity of Area subbasin stocks; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460ss\u20131/b/2/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" improve upstream and downstream migration by removal of obstacles to fish passage and the provision of facilities for avoiding obstacles.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460ss\u20131/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Restoration work"},{"t":"chapeau","text":"To the extent practicable, any restoration work performed under paragraph (2)(B) shall be performed by unemployed\u2014"},{"t":"subpara","id":"/us/usc/t16/s460ss\u20131/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" commercial fishermen;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460ss\u20131/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Indians; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460ss\u20131/b/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" other persons whose livelihood depends upon Area fishery resources.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460ss\u20131/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Memorandum of agreement"},{"t":"content","children":[{"t":"p","text":"In order to facilitate the implementation of any activity described in paragraph (2) over which the Secretary does not have jurisdiction, the Secretary shall enter into a memorandum of agreement with the Federal, State, and local agencies having jurisdiction over such activities, and the Area Indian tribes. The memorandum of agreement shall specify the program activities for which the respective signatories to the agreement are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of the program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}