< Back to S. 294 (106th Congress, 1999–2000)

Text of A bill to direct the Secretary of the Army to develop and implement a comprehensive program for fish screens and ...

...fish screens and passage devices.

This bill was introduced on January 22, 1999, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 22, 1999 (Introduced).

Source: GPO

S 294 IS

106th CONGRESS

1st Session

S. 294

To direct the Secretary of the Army to develop and implement a comprehensive program for fish screens and passage devices.

IN THE SENATE OF THE UNITED STATES

January 22, 1999

Mr. WYDEN (for himself and Mr. SMITH of Oregon) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To direct the Secretary of the Army to develop and implement a comprehensive program for fish screens and passage devices.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. WATER DIVERSION PROTECTION AND FISHERIES ENHANCEMENT PROGRAM.

    (a) IN GENERAL- In cooperation with the Secretary of the Interior and the Secretary of Commerce, the Secretary shall develop and implement a comprehensive program for fish screens, fish passage devices, and other measures agreed to by local interests and relevant Federal agencies for water diversions by local governmental entities in the States of Oregon, Washington, Montana, and Idaho that provide water supplies.

    (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) ACTIVITIES-

      (1) IN GENERAL- The program under subsection (a) shall consist of--

        (A) inventory of screened and unscreened diversions and evaluation of the effectiveness of fish screens, fish passage devices, and other measures in existence on the date of enactment of this Act;

        (B) identification and prioritization of critical areas for improvement; and

        (C) development and execution of an implementation and construction program.

      (2) BASIS OF EVALUATION AND PRIORITIZATION- Evaluation and prioritization shall be conducted on the basis of--

        (A) the objectives of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and related environmental concerns;

        (B) the cost effectiveness;

        (C) the size of diversion;

        (D) the availability of other funding sources; and

        (E) the opportunity for biological benefit to be achieved with improved conditions.

      (3) PROCEDURE- In the development of the program under subsection (a), the Secretary shall--

        (A) consult with other Federal, State, and local agencies; and

        (B) make maximum use of data and studies in existence on the date of enactment of this Act.

    (e) REQUIREMENTS- A recommended fish screen, fish passage device, or other measure shall--

      (1) meet the requirements of the United States Fish and Wildlife Service or the National Marine Fisheries Service, as applicable, and any State requirements; and

      (2) be agreed to by all interested Federal and non-Federal entities.

    (f) COST SHARING-

      (1) STUDIES- The cost of studies conducted in connection with the program under subsection (a) shall be shared in accordance with section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215).

      (2) IMPLEMENTATION-

        (A) IN GENERAL- The non-Federal interests shall pay 35 percent of the implementation cost for any measures recommended under the program under subsection (a).

        (B) IN-KIND CONTRIBUTIONS- The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for projects carried out under the program under subsection (a). The value of such land, easements, rights of way, dredged material disposal areas, and relocations shall be credited toward the payment required under subparagraph (A).

      (3) OMRR&R- The non-Federal interests shall be responsible for all costs associated with operating, maintaining, repairing, rehabilitating, and replacing all projects carried out under the program under subsection (a).

    (g) AGREEMENTS-

      (1) PAYMENT OF COSTS- Construction of a project under this section shall be initiated only after the non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, repair, rehabilitation, or replacement cost with respect to the project in accordance with guidelines established by the Secretary.

      (2) ACCESS-

        (A) IN GENERAL- The owner of land on which a project under this section is constructed shall grant appropriate Federal personnel reasonable access to the project for the installation, maintenance, repair, rehabilitation, or replacement of fish screens and passage devices.

        (B) EFFECT OF GRANT- A grant of access to land under subparagraph (A) shall not provide a basis for Federal use or regulation of the surrounding private land.

    (h) REPORTING REQUIREMENTS-

      (1) IN GENERAL- The non-Federal interests with respect to a project under this section shall provide reports on such matters and in such form as the Secretary may require.

      (2) ITEMS TO BE ADDRESSED- Items to be addressed shall include costs and actions taken to fulfill annual requirements for operating, maintaining, replacing, repairing, and rehabilitating projects.

    (i) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year.