[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1444 Enrolled Bill (ENR)]

        H.R.1444

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
  To authorize 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 fisheries associated with 
irrigation system water diversions by local 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 the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fisheries Restoration and Irrigation 
Mitigation Act of 2000''.

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 Director of the United States Fish 
    and Wildlife Service.

SEC. 3. ESTABLISHMENT OF THE PROGRAM.

    (a) Establishment.--There is established the Fisheries Restoration 
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 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 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 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.

    (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 one 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.