[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 294 Introduced in Senate (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.
                                 <all>