IB
106TH CONGRESS
1ST SESSION
H. R. 1444
[Report No. 106–454, Part I]
To authorize the Secretary of the Army to develop and implement projects
for fish screens, fish passage devices, and other similar measures to
mitigate adverse impacts associated with irrigation system water diver-
sions by local governmental entities in the States of Oregon, Washington,
Montana, and Idaho.
IN THE HOUSE OF REPRESENTATIVES
APRIL 15, 1999
Mr. DEFAZIO (for himself and Mr. WALDEN of Oregon) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
NOVEMBER 5, 1999
Reported from the Committee on Resources with amendments
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To authorize the Secretary of the Army to develop and
implement projects for fish screens, fish passage devices,
and other similar measures to mitigate adverse impacts
associated with irrigation system water diversions by
local governmental entities in the States of Oregon,
Washington, Montana, and Idaho.
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.
(a) IN GENERAL.—In cooperation with other Federal
agencies, the Secretary of the Army is authorized to de-
velop and implement projects for fish screens, fish passage
devices, and other similar measures agreed to by non-Fed-
eral interests and relevant Federal agencies to mitigate
adverse impacts associated with irrigation system water
diversions by local governmental entities in the States of
Oregon, Washington, Montana, and Idaho.
(b) PROCEDURE AND PARTICIPATION.—
(1) CONSULTATION REQUIREMENT; USE OF EX-
ISTING DATA.—In providing assistance under sub-
section (a), the Secretary shall consult with other
Federal, State, and local agencies and make max-
imum use of data and studies in existence on the
date of enactment of this Act.
(2) PARTICIPATION
BY
NON-FEDERAL
INTER-
ESTS.—Participation by non-Federal interests in
projects under this section shall be voluntary. The
Secretary shall not take any action under this sec-
tion that will result in a non-Federal interest being
held financially responsible for an action under a
project unless the non-Federal interest has volun-
tarily agreed to participate in the project.
(c) COST SHARING.—Projects carried out under this
section on lands owned by the United States shall be car-
ried out at full Federal expense. The non-Federal share
of the cost of any such project undertaken on lands not
in Federal ownership shall be 35 percent.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000 for fiscal year 2000 and each fiscal year
thereafter.
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 de-
velop and implement projects for fish screens, fish passage
devices, and other facilities agreed to by non-Federal inter-
ests, relevant Federal agencies, and affected States to miti-
gate adverse impacts to fisheries resulting from the con-
struction and operation of water diversions by local govern-
mental entities in the States of Oregon, Washington, Mon-
tana, 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 purposes
without impairing the continued withdrawal of water
for that purpose.
(c) PARTICIPATION
BY NON-FEDERAL ENTITIES.—
Non-Federal participation in the program under subsection
(a) shall be voluntary. The Secretary shall take no action
that would result in any non-Federal entity being held fi-
nancially responsible for any action unless the entity ap-
plies 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.) and related environmental concerns;
(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 other 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
(2) it is agreed to by all interested Federal and
non-Federal entities.
(f) COST SHARING.—
(1) IN GENERAL.—(A) Development and imple-
mentation of projects under this section on lands
owned by the United States shall be at full Federal
expense.
(B) The non-Federal share of the cost of develop-
ment and implementation of any project under this
section on lands that are not owned by the United
States shall be 35 percent.
(2) IN-KIND CONTRIBUTIONS.—(A) The non-Fed-
eral participants in any project under this section on
lands that are not owned by the United States shall
provide all land, easements, rights-of-way, dredged
material disposal areas, and relocations necessary for
the project.
(B) The value of land, easements, rights-of-way,
dredged material disposal areas, and relocations pro-
vided under this paragraph for a project shall be
credited toward the non-Federal share of the costs of
the project under paragraph (1).
(3) OMRR&R.—The non-Federal interests shall
be responsible for all costs associated with operating,
maintaining, repairing, rehabilitating, and replacing
all projects carried out under this section.
(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 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 an-
other federally funded program for the same purpose.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to carry out this section $25,000,000 for
each of fiscal years 2001 through 2005.
(2) LIMITATIONS.—(A) Not more than 1⁄3 of the
total amount of funds appropriated under this section
may be used for projects in any single State.
(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 3d fiscal year for which amounts are available to
carry out this section, the Secretary of the Interior
shall report to the Congress describing the accomplish-
ments to date under this section and the projects that
will be completed with amounts provided under this
section for the 4th and 5th fiscal years for which such
amounts are available.
Amend the title to read as follows: ‘‘A bill to author-
ize the Secretary of the Interior to plan, design, and con-
struct fish screens, fish passage devices, and other facili-
ties to mitigate adverse impacts associated with irrigation
system water diversions by local governmental entities in
the States of Oregon, Washington, Montana, Idaho, and
California.’’.