106TH CONGRESS

1ST SESSION H. R. 1444

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10, 1999

Received

NOVEMBER 19, 1999

Read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To authorize the Secretary of the Interior to plan, design,

and construct fish screens, fish passage devices, and

related features to mitigate adverse impacts associated

with irrigation system water diversions by local governmental entities in the States of Oregon, Washington,

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

3 SECTION 1. AQUATIC RESOURCES RESTORATION IN THE

4 NORTHWEST AND IN CALIFORNIA.

5 (a) IN GENERAL.—In cooperation with other Federal

6 agencies, the Secretary of the Interior, acting through the

7 Director of the United States Fish and Wildlife Service

8 and in consultation with the Bureau of Reclamation, may

9 develop and implement projects for fish screens, fish pas10 sage devices, and related features agreed to by non-Fed11 eral interests, relevant Federal agencies, and affected

12 States to mitigate adverse impacts to fisheries resulting

13 from the construction and operation of water diversions

14 by local governmental entities in the States of Oregon,

15 Washington, Montana, Idaho, and California. Priority

16 shall be given to any project that has a total cost of less

17 than $2,500,000.

18 (b) GOALS.—The goals of the program under sub19 section (a) shall be—

20 (1) to decrease the incidence of juvenile and

21 adult fish entering water supply systems; and

22 (2) to decrease fish mortality associated with

23 the withdrawal of water for irrigation and other pur24 poses without impairing the continued withdrawal of

25 water for that purpose.
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1 (c) PARTICIPATION BY NON-FEDERAL ENTITIES.—

2 Non-Federal participation in the program under sub3 section (a) shall be voluntary. The Secretary shall take

4 no action that would result in any non-Federal entity

5 being held financially responsible for any action unless the

6 entity applies to participate in the program.

7 (d) EVALUATION AND PRIORITIZATION OF

8 PROJECTS.—Evaluation and prioritization of projects for

9 development and implementation under this section shall

10 be conducted on the basis of—

11 (1) assisting entities in their compliance with

12 the Endangered Species Act of 1973 (16 U.S.C.

13 1531 et seq.);

14 (2) cost effectiveness;

15 (3) size of diversion;

16 (4) availability of other funding sources; and

17 (5) opportunity for biological benefit to be

18 achieved with improved conditions.

19 (e) REQUIREMENTS.—A fish screen, fish passage de20 vice, or related feature shall not be eligible for funding

21 under subsection (a) unless—

22 (1) it meets the requirements of the United

23 States Fish and Wildlife Service or the National Ma24 rine Fisheries Service, as applicable, and any State

25 requirements; and
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1 (2) it is agreed to by all interested Federal and

2 non-Federal entities.

3 (f) COST SHARING.—

4 (1) IN GENERAL.—(A) Development and imple5 mentation of projects under this section on lands

6 owned by the United States shall be at full Federal

7 expense.

8 (B) The non-Federal share of the cost of devel9 opment and implementation of any project under

10 this section on lands that are not owned by the

11 United States shall be 35 percent.

12 (2) IN-KIND CONTRIBUTIONS.—(A) For any

13 project under this section on lands that are not

14 owned by the United States, the non-Federal partici15 pants shall provide any lands, easements, rights-of16 way, dredged material disposal areas, and reloca17 tions that are necessary for the project.

18 (B) The value of lands, easements, rights-of19 way, dredged material disposal areas, and reloca20 tions provided under this paragraph for a project

21 shall be credited toward the non-Federal share of

22 the costs of the project under paragraph (1).

23 (3) OMRR&R.—(A) The non-Federal interests

24 shall be responsible for all costs associated with op25 erating, maintaining, repairing, rehabilitating, and
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1 replacing all projects carried out under this section

2 on lands that are not owned by the United States.

3 (B) Costs associated with operating, maintain4 ing, repairing, rehabilitating, and replacing all

5 projects carried out under this section on lands

6 owned by the United States shall be a Federal ex7 pense.

8 (g) CONSULTATION AND USE OF EXISTING DATA

9 AND STUDIES.—In carrying out this section, the Secretary

10 shall consult with other Federal, State, and local agencies

11 and make maximum use of data and studies in existence

12 on the date of the enactment of this Act.

13 (h) LIMITATION ON ELIGIBILITY FOR FUNDING.—No

14 project applicant pursuant to this section may obtain

15 funds under this section if they are also receiving funds

16 from another federally funded program for the same pur17 pose.

18 (i) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) IN GENERAL.—There are authorized to be

20 appropriated to carry out this section $25,000,000

21 for each of fiscal years 2001 through 2005.

22 (2) LIMITATIONS.—(A) Not more than one23 third of the total amount of funds appropriated

24 under this section may be used for projects in any

25 single State.
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1 (B) Not more than 6 percent of the amount of

2 funds appropriated under this section for a fiscal

3 year may be used for administration of this section.

4 (3) INTERIM REPORT.—Upon the expiration of

5 the third fiscal year for which amounts are available

6 to carry out this section, the Secretary of the Inte7 rior shall report to the Congress describing the ac8 complishments to date under this section and the

9 projects that will be completed with amounts pro10 vided under this section for the fourth and fifth fis11 cal years for which such amounts are available.

Passed the House of Representatives November 9,

1999.

Attest: JEFF TRANDAHL,

Clerk.