< Back to H.R. 1444 (106th Congress, 1999–2000)

Text of the Fisheries Restoration and Irrigation Mitigation Act of 2000

This bill was enacted after being signed by the President on November 13, 2000. The text of the bill below is as of Mar 9, 2000 (Reported by Senate Committee).

This is not the latest text of this bill.

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HR 1444 RS

Calendar No. 455

106th CONGRESS

2d Session

H. R. 1444

[Report No. 106-239]

IN THE SENATE OF THE UNITED STATES

November 10, 1999

Received

November 19, 1999

Read twice and referred to the Committee on Energy and Natural Resources

March 9, 2000

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

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,

[Struck out->] SECTION 1. AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND IN CALIFORNIA. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) GOALS- The goals of the program under subsection (a) shall be-- [<-Struck out]

      [Struck out->] (1) to decrease the incidence of juvenile and adult fish entering water supply systems; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) assisting entities in their compliance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); [<-Struck out]

      [Struck out->] (2) cost effectiveness; [<-Struck out]

      [Struck out->] (3) size of diversion; [<-Struck out]

      [Struck out->] (4) availability of other funding sources; and [<-Struck out]

      [Struck out->] (5) opportunity for biological benefit to be achieved with improved conditions. [<-Struck out]

    [Struck out->] (e) REQUIREMENTS- A fish screen, fish passage device, or related feature shall not be eligible for funding under subsection (a) unless-- [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (2) it is agreed to by all interested Federal and non-Federal entities. [<-Struck out]

    [Struck out->] (f) COST SHARING- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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). [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (i) AUTHORIZATION OF APPROPRIATIONS- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

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 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 Irrigation Mitigation and Restoration Partnership Program established by section 3(a).

      (3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

SEC. 3. ESTABLISHMENT OF THE PARTNERSHIP PROGRAM.

    (a) ESTABLISHMENT- There is established the Irrigation 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 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 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, improvement, or installation of--

        (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 subparagraphs (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 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.

    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 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 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 eligibility of a project under this Act, the Secretary 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-Federal 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 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 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.

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 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.

      (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.

Amend the title so as to read: ‘A bill to authorize the Secretary of the Interior to establish a program to plan, design, and construct facilities to mitigate impacts associated with irrigation system water diversions by local governmental entities in the Pacific Ocean drainage of the States of Oregon, Washington, Montana, and Idaho.’.

Passed the House of Representatives November 9, 1999.

Attest:

JEFF TRANDAHL,

Clerk.

Calendar No. 455

106th CONGRESS

2d Session

H. R. 1444

[Report No. 106-239]

AN ACT

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.


March 9, 2000

Reported with an amendment and an amendment to the title