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cize and effectively repeal the Trinity provision of the Central Val- 

 ley Improvement Act. 



In modem times, Congress has recognized Indian reserve fishing 

 rights in the Trinity River. We, the tribes, own about 50 percent 

 of the fishery in the Klamath Management Zone. When Congress 

 authorized the Trinity Division of the Central Valley Project in 

 1955, it required that an instream flow be maintained for the pres- 

 ervation and propagation of fish and wildlife in the Trinity River. 



Nonetheless, the Trinity Division eliminated spawning habitat 

 for 109 miles of the Trinity Basin resulting in the diversion to the 

 Central Valley of up to 90 percent of the average annual discharge 

 from the Trinity River at Lewiston Dam to the Central Valley 

 Project. 



The once abundant salmon fishery in which the tribes in the 

 basin owned reserved fishing rights and which was the mainstay 

 of the Pacific Coast commercial fishing industry was nearly de- 

 stroyed. The Trinity River is now incapable of supplying the cere- 

 monial and subsistence needs to the tribes, let alone supporting 

 tribal commercial fishing rights. 



In 1992, Congressman Frank Riggs reinforced the Secretarial de- 

 cision with an act of Congress. After a difficult legislative battle. 

 Congressman Riggs achieved bipartisan support for enactment of 

 Section 3406(b)(23) of the Central Valley Project Improvement Act 

 better known as the Riggs Amendment. 



The Riggs Amendment both confirms Secretary Lujan's decision 

 and established a legal framework for reaching a final decision on 

 water requirements for the Trinity River fishery and developing of 

 operating criteria and procedures for the Trinity Division, 



Agricultural interests in the Central Valley Project attacked the 

 Riggs Amendment in Court. That attack collapsed almost as soon 

 as it began. The Federal District Court in the Central Valley ruled 

 that the Riggs Amendment had a solid foundation and administra- 

 tive record developed by Secretary Lujan, and that the Department 

 of Interior immediatelv began implementation of the Riggs Amend- 

 ment without prior additional compliance with the National Envi- 

 ronmental Policy Act, the Westlands Water District v. U.S. 



Section 6(b)(6) of H.R. 1906 is the latest assault on the Riggs 

 Amendment. H.R. 1906 will force the return to the political arena 

 and Congress of detailed scientific data regarding fishery conserva- 

 tion and hydrology that the Department of the Interior has spent 

 15 years and tens of millions of dollars developing at Congress's di- 

 rection. 



In summary, on behalf of the Hoopa Tribe and the Klamath 

 Inter-Tribal Fish and Water Commission, we adamantly oppose 

 any congressional efforts to circumvent the intent of the Riggs 

 Trinity River provision of the Central Valley Improvement Act. The 

 future of the tribes, and to a large extent the north coast econo- 

 mies, rests upon successful restoration of the Trinity Basin. 



And tribes are in agreement with our upriver neighbors in Trin- 

 ity County that the needless delays to the Interior Secretary's '96 

 Trinity River stream flow decision is, in essence, continuance of a 

 taking from our people. With that, I would like to again say that 

 it is an honor to be here, and if you have any questions, I will be 

 here. Thank you. 



