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

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Goals.--The goals of the program under subsection (a) 
shall be--</DELETED>
        <DELETED>    (1) to decrease the incidence of juvenile and 
        adult fish entering water supply systems; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) assisting entities in their compliance with 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);</DELETED>
        <DELETED>    (2) cost effectiveness;</DELETED>
        <DELETED>    (3) size of diversion;</DELETED>
        <DELETED>    (4) availability of other funding sources; 
        and</DELETED>
        <DELETED>    (5) opportunity for biological benefit to be 
        achieved with improved conditions.</DELETED>
<DELETED>    (e) Requirements.--A fish screen, fish passage device, or 
related feature shall not be eligible for funding under subsection (a) 
unless--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) it is agreed to by all interested Federal and 
        non-Federal entities.</DELETED>
<DELETED>    (f) Cost Sharing.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (i) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

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