II 109th CONGRESS 2d Session S. 3522 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.

1.

Short title

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

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. .

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. .

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,.

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. .