II 

109TH CONGRESS 

2D SESSION S. 3522 

To amend the Bonneville Power Administration portions of the Fisheries 

Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2006 through 2012, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2006 

Mr. WYDEN (for himself, Mr. SMITH, Mr. CRAIG, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Bonneville Power Administration portions of 

the Fisheries Restoration and Irrigation Mitigation Act 

of 2000 to authorize appropriations for fiscal years 2006 

through 2012, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 and Irrigation Mitigation Act of 2006’’. 


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1 SEC. 2. PRIORITY PROJECTS; PARTICIPATION IN PROGRAM. 

2 The Fisheries Restoration and Irrigation Mitigation 

3 Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) 

4 is amended— 

5 (1) in section 3— 

6 (A) in subsection (a), by inserting ‘‘as a 

7 pass-through program’’ before ‘‘within the De8 partment’’; and 

9 (B) in subsection (c)(3), by striking 

10 ‘‘$5,000,000’’ and inserting ‘‘$2,500,000’’; and 

11 (2) in section 4, by striking subsection (b) and 

12 inserting the following: 

13 ‘‘(b) NONREIMBURSABLE FEDERAL AND TRIBAL EX14 PENDITURES.—Development and implementation of 

15 projects under the Program on land or facilities owned by 

16 the United States or an Indian tribe shall be nonreimburs17 able expenditures.’’. 

18 SEC. 3. COST SHARING. 

19 Section 7(c) of Fisheries Restoration and Irrigation 

20 Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 

21 106–502) is amended— 

22 (1) by striking ‘‘The value’’ and inserting the 

23 following: 

24 ‘‘(1) IN GENERAL.—The value’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 

2 Any amounts provided by the Bonneville Power Ad3 ministration directly or through a grant to another 

4 entity for a project carried under the Program shall 

5 be credited toward the non-Federal share of the 

6 costs of the project.’’. 

7 SEC. 4. REPORT. 

8 Section 9 of the Fisheries Restoration and Irrigation 

9 Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 

10 106–502) is amended— 

11 (1) by inserting ‘‘any’’ before ‘‘amounts are 

12 made’’; and 

13 (2) by inserting after ‘‘Secretary shall’’ the fol14 lowing: ‘‘, after partnering with local governmental 

15 entities and the States in the Pacific Ocean drainage 

16 area,’’. 

17 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 10 of the Fisheries Restoration and Irriga19 tion Mitigation Act of 2000 (16 U.S.C. 777 note; Public 

20 Law 106–502) is amended— 

21 (1) in subsection (a), by striking ‘‘2001 through 

22 2005’’ and inserting ‘‘2006 through 2012’’; and 

23 (2) in subsection (b), by striking paragraph (2) 

24 and inserting the following: 

25 ‘‘(2) ADMINISTRATIVE EXPENSES.— 


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1 ‘‘(A) DEFINITION OF ADMINISTRATIVE EX2 PENSE.—In this paragraph, the term ‘adminis3 trative expense’ means any expenditure relating 

4 to— 

5 ‘‘(i) staffing and overhead, such as 

6 the rental of office space and the acquisi7 tion of office equipment; and 

8 ‘‘(ii) the review, processing, and provi9 sion of applications for funding under the 

10 Program. 

11 ‘‘(B) LIMITATION.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in subparagraph (C), a percentage of 

14 amounts up to 6 percent made available 

15 for each fiscal year, as determined under 

16 clause (ii), may be used for Federal (in17 cluding tribal) and State administrative ex18 penses of carrying out this Act. 

19 ‘‘(ii) FORMULA.—For purposes of de20 termining the percentage of administrative 

21 expenses to be made available under clause 

22 (i) for a fiscal year— 

23 ‘‘(I) 1 percent shall be provided 

24 if less than $1,000,000 is made availVerDate Aug 31 2005 06:48 Jun 16, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3522.IS S3522

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1 able to carry out the Program for the 

2 fiscal year; 

3 ‘‘(II) 2 percent shall be provided 

4 if $1,000,000 or more, but less than 

5 $6,000,000, is made available to carry 

6 out the Program for the fiscal year; 

7 ‘‘(III) 3 percent shall be provided 

8 if $6,000,000 or more, but less than 

9 $11,000,000, is made available to 

10 carry out the Program for the fiscal 

11 year; 

12 ‘‘(IV) 4 percent shall be provided 

13 if $11,000,000 or more, but less than 

14 $15,000,000, is made available to 

15 carry out the Program for the fiscal 

16 year; 

17 ‘‘(V) 5 percent shall be provided 

18 if $15,000,000 or more, but less than 

19 $21,000,000, is made available to 

20 carry out the Program for the fiscal 

21 year; and 

22 ‘‘(VI) 6 percent shall be provided 

23 if $21,000,000 or more is made avail24 able to carry out the Program for the 

25 fiscal year. 


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1 ‘‘(iii) FEDERAL AND STATE

2 SHARES.—To the maximum extent prac3 ticable, of the amounts made available for 

4 administrative expenses under clause (i)— 

5 ‘‘(I) 50 percent shall be provided 

6 to the Federal agencies (including In7 dian tribes) carrying out the Program; 

8 and 

9 ‘‘(II) 50 percent shall be provided 

10 to the State agencies provided assist11 ance under the Program. 

12 ‘‘(iv) STATE EXPENSES.—Amounts 

13 made available to States for administrative 

14 expenses under clause (i)— 

15 ‘‘(I) shall be divided evenly 

16 among all States provided assistance 

17 under the Program; and 

18 ‘‘(II) on request of a project 

19 sponsor, may be used to provide tech20 nical support to the project sponsor. 

21 ‘‘(C) TECHNICAL ASSISTANCE.— 

22 ‘‘(i) IN GENERAL.—Amounts ex23 pended by the Secretary for the provision 

24 of technical assistance relating to the Pro25 gram shall not be subject to the 6 percent 


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1 limitation on administrative expenses 

2 under subparagraph (B)(i). 

3 ‘‘(ii) INCLUSIONS.—For purposes of 

4 clause (i), expenditures for the provision of 

5 technical assistance include any staffing 

6 expenditures (including staff travel ex7 penses) associated with— 

8 ‘‘(I) arranging meetings to pro9 mote the Program to potential appli10 cants; 

11 ‘‘(II) assisting applicants with 

12 the preparation of applications for 

13 funding under the Program; and 

14 ‘‘(III) visiting construction sites 

15 to provide technical assistance, if re16 quested by the applicant.’’. 

Æ 


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