[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1444 Referred in Senate (RFS)]

  1st Session
                                H. R. 1444


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 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,

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.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.