H. Res. 630

In the House of Representatives, U.S.,

October 17, 2000.

Resolved, That upon the adoption of this resolution the

House shall be considered to have taken from the Speaker’s

table the bill, H.R. 1444, with the Senate amendments thereto, and to have concurred in the Senate amendment with the

following amendments:

(1) Amend the title so as to read: ‘‘A bill to authorize the Secretary of the Interior to establish a program

to plan, design, and construct fish screens, fish passage

devices, and related features to mitigate impacts on fisheries associated with irrigation system water diversions

by local governmental entities in the Pacific Ocean

drainage of the States of Oregon, Washington, Montana,

and Idaho.’’.

(2) In lieu of the matter proposed to be inserted by

the amendment of the Senate, insert the following:

1 SECTION 1. SHORT TITLE.

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

3 and Irrigation Mitigation Act of 2000’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) PACIFIC OCEAN DRAINAGE AREA.—The

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

5 comprised of portions of the States of Oregon,

6 Washington, Montana, and Idaho from which water

7 drains into the Pacific Ocean.

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

9 the Fisheries Restoration and Irrigation Mitigation

10 Program established by section 3(a).

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

12 the Secretary of the Interior, acting through the Di13 rector of the United States Fish and Wildlife Serv14 ice.

15 SEC. 3. ESTABLISHMENT OF THE PROGRAM.

16 (a) ESTABLISHMENT.—There is established the Fish17 eries Restoration and Irrigation Mitigation Program with18 in the Department of the Interior.

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

20 (1) to decrease fish mortality associated with

21 the withdrawal of water for irrigation and other pur22 poses without impairing the continued withdrawal of

23 water for those purposes; and

24 (2) to decrease the incidence of juvenile and

25 adult fish entering water supply systems.

26 (c) IMPACTS ON FISHERIES.—
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1 (1) IN GENERAL.—Under the Program, the

2 Secretary, in consultation with the heads of other

3 appropriate agencies, shall develop and implement

4 projects to mitigate impacts to fisheries resulting

5 from the construction and operation of water diver6 sions by local governmental entities (including soil

7 and water conservation districts) in the Pacific

8 Ocean drainage area.

9 (2) TYPES OF PROJECTS.—Projects eligible

10 under the Program may include—

11 (A) the development, improvement, or in12 stallation of—

13 (i) fish screens;

14 (ii) fish passage devices; and

15 (iii) other related features agreed to

16 by non-Federal interests, relevant Federal

17 and tribal agencies, and affected States;

18 and

19 (B) inventories by the States on the need

20 and priority for projects described in clauses (i)

21 through (iii).

22 (3) PRIORITY.—The Secretary shall give pri23 ority to any project that has a total cost of less than

24 $5,000,000.
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1 SEC. 4. PARTICIPATION IN THE PROGRAM.

2 (a) NON-FEDERAL.—

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

4 the Program shall be voluntary.

5 (2) FEDERAL ACTION.—The Secretary shall

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

7 entity being held financially responsible for any ac8 tion under the Program, unless the entity applies to

9 participate in the Program.

10 (b) FEDERAL.—Development and implementation of

11 projects under the Program on land or facilities owned by

12 the United States shall be nonreimbursable Federal ex13 penditures.

14 SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.

15 Evaluation and prioritization of projects for develop16 ment under the Program shall be conducted on the basis

17 of—

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

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

20 or considered by Federal or State authorities to be,

21 endangered, threatened, or sensitive;

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

23 (3) the availability of other funding sources;

24 (4) cost effectiveness; and

25 (5) additional opportunities for biological or

26 water delivery system benefits.
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1 SEC. 6. ELIGIBILITY REQUIREMENTS.

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

3 Program shall not be eligible for funding unless—

4 (1) the project meets the requirements of the

5 Secretary, as applicable, and any applicable State re6 quirements; and

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

8 non-Federal entities with authority and responsi9 bility for the project.

10 (b) DETERMINATION OF ELIGIBILITY.—In deter11 mining the eligibility of a project under this Act, the Sec12 retary shall—

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

14 and local agencies; and

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

16 SEC. 7. COST SHARING.

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

18 of the cost of development and implementation of any

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

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

21 (b) NON-FEDERAL CONTRIBUTIONS.—The non-Fed22 eral participants in any project under the Program on land

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

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

25 material disposal areas, and relocations necessary for the

26 project.
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1 (c) CREDIT FOR CONTRIBUTIONS.—The value of

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

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

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

5 of the costs of the project.

6 (d) ADDITIONAL COSTS.—

7 (1) NON-FEDERAL RESPONSIBILITIES.—The

8 non-Federal participants in any project carried out

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

10 not owned by the United States shall be responsible

11 for all costs associated with operating, maintaining,

12 repairing, rehabilitating, and replacing the project.

13 (2) FEDERAL RESPONSIBILITY.—The Federal

14 Government shall be responsible for costs referred to

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

16 land or at a Federal facility.

17 SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.

18 A project that receives funds under this Act shall be

19 ineligible to receive Federal funds from any other source

20 for the same purpose.

21 SEC. 9. REPORT.

22 On the expiration of the third fiscal year for which

23 amounts are made available to carry out this Act, the Sec24 retary shall submit to Congress a report describing—
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1 (1) the projects that have been completed under

2 this Act;

3 (2) the projects that will be completed with

4 amounts made available under this Act during the

5 remaining fiscal years for which amounts are au6 thorized to be appropriated under section 10; and

7 (3) recommended changes to the Program as a

8 result of projects that have been carried out under

9 this Act.

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There is authorized to be appro12 priated to carry out this Act $25,000,000 for each of fiscal

13 years 2001 through 2005.

14 (b) LIMITATIONS.—

15 (1) SINGLE STATE.—

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

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

18 the total amount of funds made available under

19 this section may be used for 1 or more projects

20 in any single State.

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

22 the Secretary may waive the limitation under

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

24 entire amount of funding made available to the

25 State under this Act.
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1 (2) ADMINISTRATIVE EXPENSES.—Not more

2 than 6 percent of the funds authorized under this

3 section for any fiscal year may be used for Federal

4 administrative expenses of carrying out this Act.

Attest:

Clerk.