IV

106TH CONGRESS

2D SESSION H. RES. 630

Providing for the concurrence by the House with an amendment in the

Senate amendment to H.R. 1444.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 17, 2000

Mr. YOUNG of Alaska submitted the following resolution; which was considered

and agreed to

RESOLUTION

Providing for the concurrence by the House with an

amendment in the Senate amendment to H.R. 1444.

1 Resolved, That upon the adoption of this resolution

2 the House shall be considered to have taken from the

3 Speaker’s table the bill, H.R. 1444, with the Senate

4 amendments thereto, and to have concurred in the Senate

5 amendment with the following amendments:

6 (1) Amend the title so as to read: ‘‘A bill to au7 thorize the Secretary of the Interior to establish a

8 program to plan, design, and construct fish screens,

9 fish passage devices, and related features to mitigate

10 impacts on fisheries associated with irrigation sys-
2

•HRES 630 ATH

1 tem water diversions by local governmental entities

2 in the Pacific Ocean drainage of the States of Or3 egon, Washington, Montana, and Idaho.’’.

4 (2) In lieu of the matter proposed to be in5 serted by the amendment of the Senate, insert the

6 following:

7 SECTION 1. SHORT TITLE.

8 This Act may be cited as the ‘‘Fisheries Restoration

9 and Irrigation Mitigation Act of 2000’’.

10 SEC. 2. DEFINITIONS.

11 In this Act:

12 (1) PACIFIC OCEAN DRAINAGE AREA.—The

13 term ‘‘Pacific Ocean drainage area’’ means the area

14 comprised of portions of the States of Oregon,

15 Washington, Montana, and Idaho from which water

16 drains into the Pacific Ocean.

17 (2) PROGRAM.—The term ‘‘Program’’ means

18 the Fisheries Restoration and Irrigation Mitigation

19 Program established by section 3(a).

20 (3) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior, acting through the Di22 rector of the United States Fish and Wildlife Serv23 ice.
3

•HRES 630 ATH

1 SEC. 3. ESTABLISHMENT OF THE PROGRAM.

2 (a) ESTABLISHMENT.—There is established the Fish3 eries Restoration and Irrigation Mitigation Program with4 in the Department of the Interior.

5 (b) GOALS.—The goals of the Program are—

6 (1) to decrease fish mortality associated with

7 the withdrawal of water for irrigation and other pur8 poses without impairing the continued withdrawal of

9 water for those purposes; and

10 (2) to decrease the incidence of juvenile and

11 adult fish entering water supply systems.

12 (c) IMPACTS ON FISHERIES.—

13 (1) IN GENERAL.—Under the Program, the

14 Secretary, in consultation with the heads of other

15 appropriate agencies, shall develop and implement

16 projects to mitigate impacts to fisheries resulting

17 from the construction and operation of water diver18 sions by local governmental entities (including soil

19 and water conservation districts) in the Pacific

20 Ocean drainage area.

21 (2) TYPES OF PROJECTS.—Projects eligible

22 under the Program may include—

23 (A) the development, improvement, or in24 stallation of—

25 (i) fish screens;

26 (ii) fish passage devices; and
4

•HRES 630 ATH

1 (iii) other related features agreed to

2 by non-Federal interests, relevant Federal

3 and tribal agencies, and affected States;

4 and

5 (B) inventories by the States on the need

6 and priority for projects described in clauses (i)

7 through (iii).

8 (3) PRIORITY.—The Secretary shall give pri9 ority to any project that has a total cost of less than

10 $5,000,000.

11 SEC. 4. PARTICIPATION IN THE PROGRAM.

12 (a) NON-FEDERAL.—

13 (1) IN GENERAL.—Non-Federal participation in

14 the Program shall be voluntary.

15 (2) FEDERAL ACTION.—The Secretary shall

16 take no action that would result in any non-Federal

17 entity being held financially responsible for any ac18 tion under the Program, unless the entity applies to

19 participate in the Program.

20 (b) FEDERAL.—Development and implementation of

21 projects under the Program on land or facilities owned by

22 the United States shall be nonreimbursable Federal ex23 penditures.
5

•HRES 630 ATH

1 SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.

2 Evaluation and prioritization of projects for develop3 ment under the Program shall be conducted on the basis

4 of—

5 (1) benefits to fish species native to the project

6 area, particularly to species that are listed as being,

7 or considered by Federal or State authorities to be,

8 endangered, threatened, or sensitive;

9 (2) the size and type of water diversion;

10 (3) the availability of other funding sources;

11 (4) cost effectiveness; and

12 (5) additional opportunities for biological or

13 water delivery system benefits.

14 SEC. 6. ELIGIBILITY REQUIREMENTS.

15 (a) IN GENERAL.—A project carried out under the

16 Program shall not be eligible for funding unless—

17 (1) the project meets the requirements of the

18 Secretary, as applicable, and any applicable State re19 quirements; and

20 (2) the project is agreed to by all Federal and

21 non-Federal entities with authority and responsi22 bility for the project.

23 (b) DETERMINATION OF ELIGIBILITY.—In deter24 mining the eligibility of a project under this Act, the Sec25 retary shall—
6

•HRES 630 ATH

1 (1) consult with other Federal, State, tribal,

2 and local agencies; and

3 (2) make maximum use of all available data.

4 SEC. 7. COST SHARING.

5 (a) NON-FEDERAL SHARE.—The non-Federal share

6 of the cost of development and implementation of any

7 project under the Program on land or at a facility that

8 is not owned by the United States shall be 35 percent.

9 (b) NON-FEDERAL CONTRIBUTIONS.—The non-Fed10 eral participants in any project under the Program on land

11 or at a facility that is not owned by the United States

12 shall provide all land, easements, rights-of-way, dredged

13 material disposal areas, and relocations necessary for the

14 project.

15 (c) CREDIT FOR CONTRIBUTIONS.—The value of

16 land, easements, rights-of-way, dredged material disposal

17 areas, and relocations provided under subsection (b) for

18 a project shall be credited toward the non-Federal share

19 of the costs of the project.

20 (d) ADDITIONAL COSTS.—

21 (1) NON-FEDERAL RESPONSIBILITIES.—The

22 non-Federal participants in any project carried out

23 under the Program on land or at a facility that is

24 not owned by the United States shall be responsible
7

•HRES 630 ATH

1 for all costs associated with operating, maintaining,

2 repairing, rehabilitating, and replacing the project.

3 (2) FEDERAL RESPONSIBILITY.—The Federal

4 Government shall be responsible for costs referred to

5 in paragraph (1) for projects carried out on Federal

6 land or at a Federal facility.

7 SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.

8 A project that receives funds under this Act shall be

9 ineligible to receive Federal funds from any other source

10 for the same purpose.

11 SEC. 9. REPORT.

12 On the expiration of the third fiscal year for which

13 amounts are made available to carry out this Act, the Sec14 retary shall submit to Congress a report describing—

15 (1) the projects that have been completed under

16 this Act;

17 (2) the projects that will be completed with

18 amounts made available under this Act during the

19 remaining fiscal years for which amounts are au20 thorized to be appropriated under section 10; and

21 (3) recommended changes to the Program as a

22 result of projects that have been carried out under

23 this Act.
8

•HRES 630 ATH

1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $25,000,000 for each of fiscal

4 years 2001 through 2005.

5 (b) LIMITATIONS.—

6 (1) SINGLE STATE.—

7 (A) IN GENERAL.—Except as provided in

8 subparagraph (B), not more than 25 percent of

9 the total amount of funds made available under

10 this section may be used for 1 or more projects

11 in any single State.

12 (B) WAIVER.—On notification to Congress,

13 the Secretary may waive the limitation under

14 subparagraph (A) if a State is unable to use the

15 entire amount of funding made available to the

16 State under this Act.

17 (2) ADMINISTRATIVE EXPENSES.—Not more

18 than 6 percent of the funds authorized under this

19 section for any fiscal year may be used for Federal

20 administrative expenses of carrying out this Act.

Æ