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Testimony on H.R. 1906 

 July 20, 1995 

 Page 5 



H.R. 1906 is a thinly disguised attempt to bog down, politically and 

 bureaucratically, a process that is a model of what the new majority in Congress has 

 sworn to establish: a locally inspired, orderly process that uses the best available 

 scientific information to reach a timely, constructive, and fair decision about retaining a 

 mere fraction of the Trinity Basin's yield in the Trinity River while continuing to export the 

 vast majority of it to the Central Valley. The Tribes and California's North Coast 

 economies have given more than their fair share to the CVP and have received little in 

 return. It is time to let well enough alone and let the people of the Trinity River Basin have 

 a chance to rebuild their economy which is heavily dependant on the resources of this 

 river. Moreover, the depressed North Coast economies have benefited from other non- 

 consumptive uses of the river. For example, since implementation of the mandated 

 340,000 acre feet minimum Trinity River releases, recreational industries (rafting, boating) 

 have increased. This is extremely important to local economies where, at times, 

 unemployment exceeds 60%. 



4. Additional comments 



Section 6(a) of H.R. 1906 would add a provision to the CVPIA which States that 

 "By pursuing the programs and activities authorized by this section [including 

 3406(b)(23)l, the Secretary shall be deemed to have met the mitigation, protection, 

 restoration and enhancement purpose established by this subsection." Section 

 3406(a)(5). "Pursuing" is undefined; but given its plain meaning in the sentence, any 

 activity associated with implementation of the statutory program is declared to be an 

 achievement of the purpose of the act. Under that provision, merely completing the flow 

 study could be seen as "pursuing" the Trinity River program and therefore the program 

 could be deemed to have been effective. 



Section 6(b)(6) of H.R. 1906 amends the Riggs Amendment {3406(b)(23) of the 

 CVPIA) in a way that is defective in substance, grammar, syntax. The amendment would 

 rewrite the Riggs Amendment as six subparagraphs. In the amendment, the Federal trust 

 responsibility to the Hoopa Valley Tribe's fishery resources appears to be applicable only 

 to subparagraph (A), that pertains to releases of water between 1992 and 1996. 

 However, the Riggs Amendment recognized that the trust responsibility extended to 

 implementation of all aspects of the Riggs Amendment including future flow management 

 decisions. 



The sentence structure of the Riggs Amendment relates back to the introductory 

 phrase of section 3406(b) which States: "The Secretary, in consultation with other State 

 and Federal agencies, Indian Tribes, and affected interests, is further authorized and 

 directed to: (1) .... " Thus, the proposed section 22 of H.R. 1906 should have been 

 adapted to that antecedent sentence structure. 



Testimony by Pliny Mc Covey, Sr., on HR 1906 

 July 20, 1995 

 Page 5 



