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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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(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 devel-
opment 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) For any
project under this section on lands that are not
owned by the United States, the non-Federal partici-
pants shall provide any lands, easements, rights-of-
way, dredged material disposal areas, and reloca-
tions that are necessary for the project.
(B) The value of lands, easements, rights-of-
way, dredged material disposal areas, and reloca-
tions provided 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.—(A) The non-Federal interests
shall be responsible for all costs associated with op-
erating, maintaining, repairing, rehabilitating, 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.
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Irrigation Mitigation
and Restoration Partnership Act of 1999’’.
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
Irrigation Mitigation and Restoration Partnership
Program established by section 3(a).
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(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. ESTABLISHMENT OF THE PARTNERSHIP PROGRAM.
(a) ESTABLISHMENT.—There is established the Irriga-
tion Mitigation and Restoration Partnership Program
within 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 water and soil
conservation districts, in the Pacific Ocean drainage
area.
(2) TYPES OF PROJECTS.—Projects eligible under
the Program may include the development, improve-
ment, or installation of—
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(A) fish screens;
(B) fish passage devices;
(C) other facilities agreed to by non-Federal
interests, relevant Federal and tribal agencies,
and affected States; and
(D) inventories by the States on the need
and priority for projects described in subpara-
graphs (A) through (C).
(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.