H. Res. 630
In the House of Representatives, U.S.,
October 17, 2000.
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 there-
to, and to have concurred in the Senate amendment with the
following amendments:
(1) Amend the title so as to read: ‘‘A bill to author-
ize 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 fish-
eries associated with irrigation system water diversions
by local governmental entities in the Pacific Ocean
drainage of the States of Oregon, Washington, Montana,
and Idaho.’’.
(2) 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’’.
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SEC. 2. DEFINITIONS.
In this Act:
(1) PACIFIC
OCEAN
DRAINAGE
AREA.—The
term ‘‘Pacific Ocean drainage area’’ means the area
comprised of portions of the States of Oregon,
Washington, Montana, and Idaho from which water
drains into the Pacific Ocean.
(2) PROGRAM.—The term ‘‘Program’’ means
the Fisheries Restoration and Irrigation Mitigation
Program 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 Serv-
ice.
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.—
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(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
(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.
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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.
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.
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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—
(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.
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(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.
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.
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(2) ADMINISTRATIVE
EXPENSES.—Not more
than 6 percent of the funds authorized under this
section for any fiscal year may be used for Federal
administrative expenses of carrying out this Act.
Attest:
Clerk.