[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2795-S2796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     IRRIGATION MITIGATION AND RESTORATION PARTNERSHIP ACT OF 1999

  The Senate proceeded to consider the bill (H.R. 1444) 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 State of Oregon, Washington, Montana, 
Idaho, and California, which had been reported from the Committee on 
Energy and Natural Resources, with an amendment to strike all after the 
enacting clause and inserting in lieu thereof the following:

     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

[[Page S2796]]

     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.''.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 455), as amended, was passed.

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