Fisheries Restoration and Irrigation Mitigation  Act of 2000
PL 106-502 (H.R.1444), enacted 11/13/2000

114 STAT. 2294 
PUBLIC LAW 106-502—NOV. 13, 2000 
Public Law 106-502 
106th Congress 
An Act 
To authorize the Secretary of the Interior to establish a program to plan, design, 
N 
1^ 9nnn 
^^^ construct fish screens, fish passage devices, and related features to mitigate 
——: 
impacts on fisheries associated with irrigation system water diversions by local 
[H.R. 1444] 
governmental entities in the Pacific Ocean drainage of the States of Oregon, 
Washington, Montana, and Idaho. 
Be it enacted by the Senate and House of Representatives of 
Fisheries 
the United States of America in Congress assembled, 
ta?gation"" ^^ 
SECTION 1. SHORT TITLE. 
Mit^ationActof 
T^ig ^ct may be cited as the "Fisheries Restoration and Irriga-
16 use 777 note. 
*^°^ Mitigation Act of 2000". 
16 u s e 777 note. 
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, Mont£ma, and IdsJio from 
which water drains into the Pacific Ocean. 
(2) PROGRAM.—^The term "Program" means the Fisheries 
Restoration and Irrigation Mitigation Program estabUshed by 
section 3(a). 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the United States 
Fish and Wildlife Service. 
16 u s e 777 note. 
SEC. 3. ESTABLISHMENT OF THE PROGRAM. 
(a) ESTABLISHMENT.—^There is established the Fisheries Res-
toration and Irrigation Mitigation Program within the Department 
of the Interior. 
(b) GOALS.—^The goals of the Program are— 
(1) to decrease fish mortality associated with the with-
drawal 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 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 Pro-
gram may include— 
PUBLIC LAW 106-502—NOV. 13, 2000 
114 STAT. 2295 
(A) the development, improvement', or installation 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. 
16 USC 777 note. 
' (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 finan-
cially responsible for any action 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 expenditures. 
SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS. 
16 USC 777 note. 
Evaluation and prioritization of projects for development 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 tj^e 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. 
16 USC 777 note. 
(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 requirements; 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 eligi-
bility of a project under this Act, the Secretary shall— 
(1) consult with other Federal, State, tribal, and local agen-
cies; and 
(2) make maximum use of all available data. 
SEC. 7. COST SHARING. 
16 USC 777 note. 
(a) NON-FEDERAL SHARE.—^The non-Federal share of the cost 
of development and implementation of any project under the Pro-
gram 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 partici-
pants in any project imder the Program on land or at a facility 
that is not owned by the United States shall provide all land, 
114 STAT. 2296 
PUBLIC LAW 106-502—NOV. 13, 2000 
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 pro-
vided 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, 
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. 
16 u s e 777 note. 
SEC. 8. LDtflTATION 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. 
16 u s e 777 note. 
SEC. 9. REPORT. 
On the expiration of the third fiscal year for which amounts 
are made available to carry out this Act, the Secretary 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 authorized 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. 
16 u s e 777 note. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There is authorized to be appropriated 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 one 
or more projects in any single State. 
(B) WAIVER.—On notification to Congress, the Sec-
retary 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 
PUBLIC LAW 106-502—NOV. 13, 2000 
114 STAT. 2297 
may be used for Federal administrative expenses of carrying 
out this Act. 
Approved November 13, 2000. 
LEGISLATIVE HISTORY—H.R. 1444: 
HOUSE REPORTS: No. 10&-454, Pt. 1 (Comm. on Resources). 
SENATE REPORTS: No. 106-239 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Nov. 9, considered and passed House. 
Vol. 146 (2000): Apr. 13, considered and passed Senate, amended. 
Oct. 17, House concurred in Senate amendments with 
amendments. 
Oct. 27, Senate concurred in House amendments.