IV
106TH CONGRESS
2D SESSION
H. RES. 630
Providing for the concurrence by the House with an amendment in the
Senate amendment to H.R. 1444.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 17, 2000
Mr. YOUNG of Alaska submitted the following resolution; which was considered
and agreed to
RESOLUTION
Providing for the concurrence by the House with an
amendment in the Senate amendment to H.R. 1444.
Resolved, That upon the adoption of this resolution
the House shall be considered to have taken from the
Speaker’s table the bill, H.R. 1444, with the Senate
amendments thereto, and to have concurred in the Senate
amendment with the following amendments:
(1) Amend the title so as to read: ‘‘A bill to au-
thorize the Secretary of the Interior to establish a
program to plan, design, and construct fish screens,
fish passage devices, and related features to mitigate
impacts on fisheries associated with irrigation sys-
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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 pur-
poses 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
Secretary, in consultation with the heads of other
appropriate agencies, shall develop and implement
projects to mitigate impacts to fisheries resulting
from the construction and operation of water diver-
sions 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
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(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 pri-
ority 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 ac-
tion under the Program, unless the entity applies to
participate 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 ex-
penditures.
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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
Secretary, 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 responsi-
bility for the project.
(b) DETERMINATION
OF ELIGIBILITY.—In deter-
mining the eligibility of a project under this Act, the Sec-
retary shall—
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(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-Fed-
eral 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
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for all costs associated with operating, maintaining,
repairing, 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
remaining fiscal years for which amounts are au-
thorized 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.