S.Amdt. 3726

1. Inserts new text on page 141, between lines 5 and 6

   InsertsPrinted page

   Inserted: EMERGENCY DISASTER ASSISTANCE

   Inserted: (a) The Secretary of Commerce shall make a direct payment to the Pacific States Marine Fisheries Commission for distribution to mitigate the economic losses caused by Federal fisheries restrictions put in place to meet the needs of Klamath River Fall Chinook Salmon. The money provided to the Pacific States Marine Fisheries Commission shall be distributed to--

   Inserted: (1) persons or entities, including federally recognized Indian tribes, which have experienced significant economic hardship as a result of Federal fisheries closures or fishing restrictions;

   Inserted: (2) small businesses including fishermen, fish processors, and related businesses serving the fishing industry including, but not limited to, cold storage facilities, ice houses, docks, and other related shoreside fishery support facilities and infrastructure; and

   Inserted: (3) State and local governments adversely affected by reductions in fish landing fees and other fishing-related revenue.

   Inserted: (b) Payments authorized by this section may be used only in areas declared by the Governor of a State to be in a state of emergency due to Klamath River basin conditions and limitations on ocean commercial and sport salmon fishing.

   Inserted: (c) Such payments may be made for the purposes described in section 312(a)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)(2)).

   Inserted: (d) Not more than 4 percent of such payments provided to the Pacific States Marine Fisheries Commission for disaster relief distributions may be used for administrative expenses, and none of such payments may be used for lobbying activities or representational expenses. Any funds not distributed by the end of fiscal year 2008 shall be returned to the Treasury.

   Inserted: (e) The Secretary of Commerce shall require the Pacific States Marine Fisheries Commission to, not later than 6 months after receiving a payment authorized by this section, and every 6 months thereafter, submit to the Secretary of Commerce and the Committee on Appropriations of the House of Representatives and the Senate a report listing the persons and entities to whom the payment was distributed and the rationale for such distributions.

   Inserted: (f) For the purposes of the Internal Revenue Code of 1986--

   Inserted: (1) gross income shall not include any amount received as a payment or distribution under subsection (a); and

   Inserted: (2) rules similar to the rules of subsections (g)(3) and (h) of section 139 of such Code shall apply with respect to any amount excluded under subparagraph (1).

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   Inserted: (g) There is appropriated to the Secretary of Commerce $81,000,000 to make payments under this section for fisheries disaster assistance. The amount provided under this subsection is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

   Original wording

   On page 141, between lines 5 and 6, insert the following:

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As printed