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 govern-
mental entities in the States of Oregon, Washington,
Montana, Idaho, and California.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AQUATIC RESOURCES RESTORATION IN THE
NORTHWEST AND IN CALIFORNIA.
(a) IN GENERAL.—In cooperation with other Federal
agencies, the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service
and in consultation with the Bureau of Reclamation, may
develop and implement projects for fish screens, fish pas-
sage devices, and related features agreed to by non-Fed-
eral interests, relevant Federal agencies, and affected
States to mitigate adverse impacts to fisheries resulting
from the construction and operation of water diversions
by local governmental entities in the States of Oregon,
Washington, Montana, Idaho, and California. Priority
shall be given to any project that has a total cost of less
than $2,500,000.
(b) GOALS.—The goals of the program under sub-
section (a) shall be—
(1) to decrease the incidence of juvenile and
adult fish entering water supply systems; and
(2) to decrease fish mortality associated with
the withdrawal of water for irrigation and other pur-
poses without impairing the continued withdrawal of
water for that purpose.
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(c) PARTICIPATION BY NON-FEDERAL ENTITIES.—
Non-Federal participation in the program under sub-
section (a) shall be voluntary. The Secretary shall take
no action that would result in any non-Federal entity
being held financially responsible for any action unless the
entity applies to participate in the program.
(d) 
EVALUATION
AND
PRIORITIZATION
OF
PROJECTS.—Evaluation and prioritization of projects for
development and implementation under this section shall
be conducted on the basis of—
(1) assisting entities in their compliance with
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(2) cost effectiveness;
(3) size of diversion;
(4) availability of other funding sources; and
(5) opportunity for biological benefit to be
achieved with improved conditions.
(e) REQUIREMENTS.—A fish screen, fish passage de-
vice, or related feature shall not be eligible for funding
under subsection (a) unless—
(1) it meets the requirements of the United
States Fish and Wildlife Service or the National Ma-
rine Fisheries Service, as applicable, and any State
requirements; and
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replacing all projects carried out under this section
on lands that are not owned by the United States.
(B) Costs associated with operating, maintain-
ing, repairing, rehabilitating, and replacing all
projects carried out under this section on lands
owned by the United States shall be a Federal ex-
pense.
(g) CONSULTATION AND USE OF EXISTING DATA
AND STUDIES.—In carrying out this section, the Secretary
shall consult with other Federal, State, and local agencies
and make maximum use of data and studies in existence
on the date of the enactment of this Act.
(h) LIMITATION ON ELIGIBILITY FOR FUNDING.—No
project applicant pursuant to this section may obtain
funds under this section if they are also receiving funds
from another federally funded program for the same pur-
pose.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section $25,000,000
for each of fiscal years 2001 through 2005.
(2) LIMITATIONS.—(A) Not more than one-
third of the total amount of funds appropriated
under this section may be used for projects in any
single State.
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(B) Not more than 6 percent of the amount of
funds appropriated under this section for a fiscal
year may be used for administration of this section.
(3) INTERIM REPORT.—Upon the expiration of
the third fiscal year for which amounts are available
to carry out this section, the Secretary of the Inte-
rior shall report to the Congress describing the ac-
complishments to date under this section and the
projects that will be completed with amounts pro-
vided under this section for the fourth and fifth fis-
cal years for which such amounts are available.
Passed the House of Representatives November 9,
1999.
Attest:
JEFF TRANDAHL,
Clerk.