[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1307 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1307

 To authorize the Secretary of the Interior, acting through the Bureau 
  of Reclamation, to assist in the implementation of fish passage and 
   screening facilities at non-Federal water projects, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2003

   Mr. Smith introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior, acting through the Bureau 
  of Reclamation, to assist in the implementation of fish passage and 
   screening facilities at non-Federal water projects, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    As used in this Act--
            (1) ``Secretary'' means the Secretary of the Interior, 
        acting through the Commissioner of Reclamation;
            (2) ``Reclamation'' means the Bureau of Reclamation, United 
        States Department of the Interior;
            (3) ``Fish passage and screening facilities'' means 
        ladders, collection devices, and all other kinds of facilities 
        which enable fish to pass through, over, or around water 
        diversion structures; facilities and other constructed works 
        which modify, consolidate, or replace water diversion 
        structures in order to achieve fish passage; screens and other 
        devices which reduce or prevent entrainment and impingement of 
        fish in a water diversion, delivery, or distribution system; 
        and any other facilities, projects, or constructed works which 
        are designed to provide for or improve fish passage while 
        maintaining water deliveries and to reduce or prevent 
        entrainment and impingement of fish in a water storage, 
        diversion, delivery, or distribution system of a water project;
            (4) ``Federal reclamation project'' means a water resources 
        development project constructed, operated, and maintained 
        pursuant to the Reclamation Act of 1902 (32 Stat. 388), and 
        acts amendatory thereof and supplementary thereto;
            (5) ``Non-Federal party'' means any non-Federal party, 
        including federally recognized Indian tribes, non-Federal 
        governmental and quasi-governmental entities, private entities 
        (both profit and non-profit organizations), and private 
        individuals;
            (6) ``Snake River Basin'' means the entire drainage area of 
        the Snake River, including all tributaries, from the headwaters 
        to the confluence of the Snake River with the Columbia River; 
        and
            (7) ``Columbia River Basin'' means the entire drainage area 
        of the Columbia River located in the United States, including 
        all tributaries, from the headwaters to the Columbia River 
        estuary.

SEC. 2. AUTHORIZATION.

    (a) Subject to the requirements of this Act, the Secretary is 
authorized to plan, design, and construct, or provide financial 
assistance to non-Federal parties to plan, design, and construct, fish 
passage and screening facilities at any non-Federal water diversion or 
storage project located anywhere in the Columbia River Basin when, and 
only when, the Secretary determines that such facilities would enable 
Reclamation to meet its obligations under 16 U.S.C. 1536(a)(2) 
regarding the construction and continued operation and maintenance of 
all Federal reclamation projects located in the Columbia River Basin, 
excluding the Federal reclamation projects located in the Snake River 
Basin.

SEC. 3. LIMITATIONS.

    (a) The Secretary may undertake the construction of, or provide 
financial assistance covering the cost to the non-Federal parties to 
construct, fish passage and screening facilities at non-Federal water 
diversion and storage projects located anywhere in the Columbia River 
Basin only after entering into a voluntary, written agreement with the 
non-Federal party or parties who own, operate, and maintain the 
project, and any associated lands, involved.
    (b) Any financial assistance made available pursuant to this Act 
shall be provided through grant agreements or cooperative agreements 
entered into pursuant to and in compliance with the Federal Grant and 
Cooperative Agreement Act of 1977 (41 U.S.C. 501).
    (c) The Secretary may require such terms and conditions as will 
ensure performance by the non-Federal party, protect the Federal 
investment in fish passage and screening facilities, define the 
obligations of the Secretary and the non-Federal party, and ensure 
compliance with this Act and all other applicable Federal, State, and 
local laws.
    (d) All right and title to, and interest in, any fish passage and 
screening facilities constructed or funded pursuant to the authority of 
this Act shall be held by the non-Federal party or parties who own, 
operate, and maintain the non-Federal water diversion and storage 
project, and any associated lands, involved. In addition, the 
operation, maintenance, and replacement of such facilities shall be the 
sole responsibility of such party or parties and shall not be a project 
cost assignable to any Federal reclamation project.
    (e) Consultation under Section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) shall not be required based solely on the 
provision of financial assistance under this Act. Projects or 
activities that affect listed species shall remain subject to 
applicable provisions of the Endangered Species Act of 1973.

SEC. 4. OTHER REQUIREMENTS.

    (a) In carrying out this Act, the Secretary shall be subject to all 
Federal laws applicable to the actions to be undertaken for the 
construction of fish passage and screening facilities. The Secretary 
shall assist the non-Federal party or parties who own, operate, and 
maintain a non-Federal water diversion or storage project, and any 
associated lands, to obtain and comply with any required State, local, 
or tribal permits.
    (b) The Secretary shall comply with State water law in the 
application of this Act. All water rights shall remain with the owner 
or operator of any non-Federal water diversion and storage project who 
receives assistance pursuant to this Act.
    (c) The Secretary shall coordinate with the Northwest Power 
Planning Council; appropriate agencies of the States of Idaho, Oregon, 
and Washington; and appropriate federally recognized Indian tribes in 
carrying out the program authorized by this Act.

SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW.

    (a) The Reclamation Act of 1902 (32 Stat. 388), and Acts amendatory 
thereof and supplementary thereto, shall not apply to the non-Federal 
water projects at which the fish passage and screening facilities 
authorized by this Act are located, nor to the lands which such 
projects irrigate.
    (b) Notwithstanding any provision of law to the contrary, the 
expenditures made by the Secretary pursuant to this Act shall not be a 
project cost assignable to any Federal reclamation project (either as a 
construction cost or as an operation and maintenance cost) and shall be 
non-reimbursable and non-returnable to the United States Treasury.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such amounts as are 
necessary for the purposes of this Act.

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