The text of the bill below is as of Nov 9, 1999 (Passed the House).
HR 1444 EH
H. R. 1444
To authorize the Secretary of the Interior to plan, design, and construct 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND IN CALIFORNIA.
(a) IN GENERAL- In cooperation with other Federal agencies, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and in consultation with the Bureau of Reclamation, may develop and implement projects for fish screens, fish passage devices, and related features agreed to by non-Federal interests, relevant Federal agencies, and affected States to mitigate adverse impacts to fisheries resulting from the construction and operation of water diversions by local governmental entities in the States of Oregon, Washington, Montana, Idaho, and California. Priority shall be given to any project that has a total cost of less than $2,500,000.
(b) GOALS- The goals of the program under subsection (a) shall be--
(1) to decrease the incidence of juvenile and adult fish entering water supply systems; and
(2) to decrease fish mortality associated with the withdrawal of water for irrigation and other purposes without impairing the continued withdrawal of water for that purpose.
(c) PARTICIPATION BY NON-FEDERAL ENTITIES- Non-Federal participation in the program under subsection (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 device, 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 Marine Fisheries Service, as applicable, and any State requirements; and
(2) it is agreed to by all interested Federal and non-Federal entities.
(f) COST SHARING-
(1) IN GENERAL- (A) Development and implementation 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 development 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 participants shall provide any lands, easements, rights-of-way, dredged material disposal areas, and relocations that are necessary for the project.
(B) The value of lands, easements, rights-of-way, dredged material disposal areas, and relocations 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 operating, maintaining, repairing, rehabilitating, and replacing all projects carried out under this section on lands that are not owned by the United States.
(B) Costs associated with operating, maintaining, repairing, rehabilitating, and replacing all projects carried out under this section on lands owned by the United States shall be a Federal expense.
(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 purpose.
(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.
(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 Interior shall report to the Congress describing the accomplishments to date under this section and the projects that will be completed with amounts provided under this section for the fourth and fifth fiscal years for which such amounts are available.
Passed the House of Representatives November 9, 1999.