[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1444 Reported in House (RH)]







106th CONGRESS
  1st Session
                                H. R. 1444

                      [Report No. 106-454, Part I]

    To authorize the Secretary of the Army to develop and implement 
  projects for fish screens, fish passage devices, and other similar 
measures to mitigate adverse impacts associated with irrigation system 
   water diversions by local governmental entities in the States of 
                Oregon, Washington, Montana, and Idaho.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1999

   Mr. DeFazio (for himself and Mr. Walden of Oregon) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Resources, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                            November 5, 1999

        Reported from the Committee on Resources with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Army to develop and implement 
  projects for fish screens, fish passage devices, and other similar 
measures to mitigate adverse impacts associated with irrigation system 
   water diversions by local governmental entities in 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,

<DELETED>SECTION 1. AQUATIC RESOURCES RESTORATION IN THE 
              NORTHWEST.</DELETED>

<DELETED>    (a) In General.--In cooperation with other Federal 
agencies, the Secretary of the Army is authorized to develop and 
implement projects for fish screens, fish passage devices, and other 
similar measures agreed to by non-Federal interests and relevant 
Federal agencies to mitigate adverse impacts associated with irrigation 
system water diversions by local governmental entities in the States of 
Oregon, Washington, Montana, and Idaho.</DELETED>
<DELETED>    (b) Procedure and Participation.--</DELETED>
        <DELETED>    (1) Consultation requirement; use of existing 
        data.--In providing assistance under subsection (a), 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 enactment of this Act.</DELETED>
        <DELETED>    (2) Participation by non-federal interests.--
        Participation by non-Federal interests in projects under this 
        section shall be voluntary. The Secretary shall not take any 
        action under this section that will result in a non-Federal 
        interest being held financially responsible for an action under 
        a project unless the non-Federal interest has voluntarily 
        agreed to participate in the project.</DELETED>
<DELETED>    (c) Cost Sharing.--Projects carried out under this section 
on lands owned by the United States shall be carried out at full 
Federal expense. The non-Federal share of the cost of any such project 
undertaken on lands not in Federal ownership shall be 35 
percent.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $25,000,000 for fiscal 
year 2000 and each fiscal year thereafter.</DELETED>

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 other facilities 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.) and 
        related environmental concerns;
            (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 other 
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) The non-Federal 
        participants in any project under this section on lands that 
        are not owned by the United States shall provide all land, 
        easements, rights-of-way, dredged material disposal areas, and 
        relocations necessary for the project.
            (B) The value of land, 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.--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.
    (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 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 \1/3\ 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 3d 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 4th and 5th fiscal years for which such 
        amounts are available.
            Amend the title to read as follows: ``A bill to authorize 
        the Secretary of the Interior to plan, design, and construct 
        fish screens, fish passage devices, and other facilities to 
        mitigate adverse impacts associated with irrigation system 
        water diversions by local governmental entities in the States 
        of Oregon, Washington, Montana, Idaho, and California.''.