[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3522 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3522

To amend the Bonneville Power Administration portions of the Fisheries 
    Restoration and Irrigation Mitigation Act of 2000 to authorize 
   appropriations for fiscal years 2006 through 2012, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2006

    Mr. Wyden (for himself, Mr. Smith, Mr. Craig, and Mrs. Murray) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Bonneville Power Administration portions of the Fisheries 
    Restoration and Irrigation Mitigation Act of 2000 to authorize 
   appropriations for fiscal years 2006 through 2012, 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. SHORT TITLE.

    This Act may be cited as the ``Fisheries Restoration and Irrigation 
Mitigation Act of 2006''.

SEC. 2. PRIORITY PROJECTS; PARTICIPATION IN PROGRAM.

    The Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 
U.S.C. 777 note; Public Law 106-502) is amended--
            (1) in section 3--
                    (A) in subsection (a), by inserting ``as a pass-
                through program'' before ``within the Department''; and
                    (B) in subsection (c)(3), by striking 
                ``$5,000,000'' and inserting ``$2,500,000''; and
            (2) in section 4, by striking subsection (b) and inserting 
        the following:
    ``(b) Nonreimbursable Federal and Tribal Expenditures.--Development 
and implementation of projects under the Program on land or facilities 
owned by the United States or an Indian tribe shall be nonreimbursable 
expenditures.''.

SEC. 3. COST SHARING.

    Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act 
of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
            (1) by striking ``The value'' and inserting the following:
            ``(1) In general.--The value''; and
            (2) by adding at the end the following:
            ``(2) Bonneville power administration.--Any amounts 
        provided by the Bonneville Power Administration directly or 
        through a grant to another entity for a project carried under 
        the Program shall be credited toward the non-Federal share of 
        the costs of the project.''.

SEC. 4. REPORT.

    Section 9 of the Fisheries Restoration and Irrigation Mitigation 
Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
            (1) by inserting ``any'' before ``amounts are made''; and
            (2) by inserting after ``Secretary shall'' the following: 
        ``, after partnering with local governmental entities and the 
        States in the Pacific Ocean drainage area,''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the Fisheries Restoration and Irrigation Mitigation 
Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
            (1) in subsection (a), by striking ``2001 through 2005'' 
        and inserting ``2006 through 2012''; and
            (2) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) Administrative expenses.--
                    ``(A) Definition of administrative expense.--In 
                this paragraph, the term `administrative expense' means 
                any expenditure relating to--
                            ``(i) staffing and overhead, such as the 
                        rental of office space and the acquisition of 
                        office equipment; and
                            ``(ii) the review, processing, and 
                        provision of applications for funding under the 
                        Program.
                    ``(B) Limitation.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (C), a percentage of amounts up to 
                        6 percent made available for each fiscal year, 
                        as determined under clause (ii), may be used 
                        for Federal (including tribal) and State 
                        administrative expenses of carrying out this 
                        Act.
                            ``(ii) Formula.--For purposes of 
                        determining the percentage of administrative 
                        expenses to be made available under clause (i) 
                        for a fiscal year--
                                    ``(I) 1 percent shall be provided 
                                if less than $1,000,000 is made 
                                available to carry out the Program for 
                                the fiscal year;
                                    ``(II) 2 percent shall be provided 
                                if $1,000,000 or more, but less than 
                                $6,000,000, is made available to carry 
                                out the Program for the fiscal year;
                                    ``(III) 3 percent shall be provided 
                                if $6,000,000 or more, but less than 
                                $11,000,000, is made available to carry 
                                out the Program for the fiscal year;
                                    ``(IV) 4 percent shall be provided 
                                if $11,000,000 or more, but less than 
                                $15,000,000, is made available to carry 
                                out the Program for the fiscal year;
                                    ``(V) 5 percent shall be provided 
                                if $15,000,000 or more, but less than 
                                $21,000,000, is made available to carry 
                                out the Program for the fiscal year; 
                                and
                                    ``(VI) 6 percent shall be provided 
                                if $21,000,000 or more is made 
                                available to carry out the Program for 
                                the fiscal year.
                            ``(iii) Federal and state shares.--To the 
                        maximum extent practicable, of the amounts made 
                        available for administrative expenses under 
                        clause (i)--
                                    ``(I) 50 percent shall be provided 
                                to the Federal agencies (including 
                                Indian tribes) carrying out the 
                                Program; and
                                    ``(II) 50 percent shall be provided 
                                to the State agencies provided 
                                assistance under the Program.
                            ``(iv) State expenses.--Amounts made 
                        available to States for administrative expenses 
                        under clause (i)--
                                    ``(I) shall be divided evenly among 
                                all States provided assistance under 
                                the Program; and
                                    ``(II) on request of a project 
                                sponsor, may be used to provide 
                                technical support to the project 
                                sponsor.
                    ``(C) Technical assistance.--
                            ``(i) In general.--Amounts expended by the 
                        Secretary for the provision of technical 
                        assistance relating to the Program shall not be 
                        subject to the 6 percent limitation on 
                        administrative expenses under subparagraph 
                        (B)(i).
                            ``(ii) Inclusions.--For purposes of clause 
                        (i), expenditures for the provision of 
                        technical assistance include any staffing 
                        expenditures (including staff travel expenses) 
                        associated with--
                                    ``(I) arranging meetings to promote 
                                the Program to potential applicants;
                                    ``(II) assisting applicants with 
                                the preparation of applications for 
                                funding under the Program; and
                                    ``(III) visiting construction sites 
                                to provide technical assistance, if 
                                requested by the applicant.''.
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