In the House of Representatives, U. S.,
October 17, 2000.
Resolved, That the House agree to the amendments of
the Senate to the bill (H.R. 1444) entitled ‘‘An Act to au-
thorize the Secretary of the Interior to plan, design, and con-
struct 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’’,
with the following
HOUSE AMENDMENTS TO SENATE AMENDMENTS:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fisheries Restoration
and Irrigation Mitigation Act of 2000’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) PACIFIC OCEAN DRAINAGE AREA.—The term
‘‘Pacific Ocean drainage area’’ means the area com-
prised of portions of the States of Oregon, Wash-
ington, Montana, and Idaho from which water drains
into the Pacific Ocean.
(2) PROGRAM.—The term ‘‘Program’’ means the
Fisheries Restoration and Irrigation Mitigation Pro-
gram established by section 3(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the United States Fish and Wildlife Service.
SEC. 3. ESTABLISHMENT OF THE PROGRAM.
(a) ESTABLISHMENT.—There is established the Fish-
eries Restoration and Irrigation Mitigation Program with-
in the Department of the Interior.
(b) GOALS.—The goals of the Program are—
(1) to decrease fish mortality associated with the
withdrawal of water for irrigation and other purposes
without impairing the continued withdrawal of water
for those purposes; and
(2) to decrease the incidence of juvenile and
adult fish entering water supply systems.
(c) IMPACTS ON FISHERIES.—
(1) IN GENERAL.—Under the Program, the Sec-
retary, in consultation with the heads of other appro-
priate agencies, shall develop and implement projects
to mitigate impacts to fisheries resulting from the
construction and operation of water diversions by
local governmental entities (including soil and water
conservation districts) in the Pacific Ocean drainage
area.
(2) TYPES OF PROJECTS.—Projects eligible under
the Program may include—
(A) the development, improvement, or in-
stallation of—
(i) fish screens;
(ii) fish passage devices; and
(iii) other related features agreed to by
non-Federal interests, relevant Federal and
tribal agencies, and affected States; and
(B) inventories by the States on the need
and priority for projects described in clauses (i)
through (iii).
(3) PRIORITY.—The Secretary shall give priority
to any project that has a total cost of less than
$5,000,000.
SEC. 4. PARTICIPATION IN THE PROGRAM.
(a) NON-FEDERAL.—
(1) IN GENERAL.—Non-Federal participation in
the Program shall be voluntary.
(2) FEDERAL ACTION.—The Secretary shall take
no action that would result in any non-Federal entity
being held financially responsible for any action
under the Program, unless the entity applies to par-
ticipate in the Program.
(b) FEDERAL.—Development and implementation of
projects under the Program on land or facilities owned by
the United States shall be nonreimbursable Federal expendi-
tures.
SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.
Evaluation and prioritization of projects for develop-
ment under the Program shall be conducted on the basis
of—
(1) benefits to fish species native to the project
area, particularly to species that are listed as being,
or considered by Federal or State authorities to be,
endangered, threatened, or sensitive;
(2) the size and type of water diversion;
(3) the availability of other funding sources;
(4) cost effectiveness; and
(5) additional opportunities for biological or
water delivery system benefits.
SEC. 6. ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—A project carried out under the
Program shall not be eligible for funding unless—
(1) the project meets the requirements of the Sec-
retary, as applicable, and any applicable State re-
quirements; and
(2) the project is agreed to by all Federal and
non-Federal entities with authority and responsibility
for the project.
(b) DETERMINATION OF ELIGIBILITY.—In determining
the eligibility of a project under this Act, the Secretary
shall—
(1) consult with other Federal, State, tribal, and
local agencies; and
(2) make maximum use of all available data.
SEC. 7. COST SHARING.
(a) NON-FEDERAL SHARE.—The non-Federal share of
the cost of development and implementation of any project
under the Program on land or at a facility that is not
owned by the United States shall be 35 percent.
(b) NON-FEDERAL CONTRIBUTIONS.—The non-Federal
participants in any project under the Program on land or
at a facility that is not owned by the United States shall
provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations necessary for the project.
(c) CREDIT FOR CONTRIBUTIONS.—The value of land,
easements, rights-of-way, dredged material disposal areas,
and relocations provided under subsection (b) for a project
shall be credited toward the non-Federal share of the costs
of the project.
(d) ADDITIONAL COSTS.—
(1) NON-FEDERAL RESPONSIBILITIES.—The non-
Federal participants in any project carried out under
the Program on land or at a facility that is not
owned by the United States shall be responsible for all
costs associated with operating, maintaining, repair-
ing, rehabilitating, and replacing the project.
(2) FEDERAL
RESPONSIBILITY.—The Federal
Government shall be responsible for costs referred to
in paragraph (1) for projects carried out on Federal
land or at a Federal facility.
SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.
A project that receives funds under this Act shall be
ineligible to receive Federal funds from any other source
for the same purpose.
SEC. 9. REPORT.
On the expiration of the third fiscal year for which
amounts are made available to carry out this Act, the Sec-
retary shall submit to Congress a report describing—
(1) the projects that have been completed under
this Act;
(2) the projects that will be completed with
amounts made available under this Act during the re-
maining fiscal years for which amounts are author-
ized to be appropriated under section 10; and
(3) recommended changes to the Program as a
result of projects that have been carried out under this
Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $25,000,000 for each of fiscal
years 2001 through 2005.
(b) LIMITATIONS.—
(1) SINGLE STATE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), not more than 25 percent of
the total amount of funds made available under
this section may be used for 1 or more projects
in any single State.
(B) WAIVER.—On notification to Congress,
the Secretary may waive the limitation under
subparagraph (A) if a State is unable to use the
entire amount of funding made available to the
State under this Act.
(2) ADMINISTRATIVE EXPENSES.—Not more than
6 percent of the funds authorized under this section
for any fiscal year may be used for Federal adminis-
trative expenses of carrying out this Act.
Amend the title so as to read ‘‘An Act to authorize
the Secretary of the Interior to establish a program to
plan, design, and construct fish screens, fish passage de-
vices, and related features to mitigate impacts on fish-
eries associated with irrigation system water diversions
by local governmental entities in the Pacific Ocean drain-
age of the States of Oregon, Washington, Montana, and
Idaho.’’.
Attest:
Clerk.
106TH CONGRESS
2D SESSION
H.R. 1444
HOUSE AMENDMENTS TO
SENATE AMENDMENTS