[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9984-H9986]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONCURRENCE BY HOUSE WITH AMENDMENT IN SENATE AMENDMENT
TO H.R. 1444, FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF
2000
Mr. CALVERT. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 630) providing for the concurrence by the House
with an amendment in the Senate amendment to H.R. 1444.
The Clerk read as follows:
H. Res. 630
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 1444, with the Senate amendments
thereto, and to have concurred in the Senate amendment with
the following amendments:
(1) 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 fish screens, fish passage devices, and
related features to mitigate impacts on fisheries associated
with irrigation system water diversions by local governmental
entities in the Pacific Ocean drainage of the States of
Oregon, Washington, Montana, and Idaho.''.
(2) In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Restoration and
Irrigation Mitigation Act of 2000''.
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 Fisheries
Restoration and Irrigation Mitigation Program established by
section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
SEC. 3. ESTABLISHMENT OF THE PROGRAM.
(a) Establishment.--There is established the Fisheries
Restoration and Irrigation Mitigation 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 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
soil and water conservation districts) in the Pacific Ocean
drainage area.
(2) Types of projects.--Projects eligible under the Program
may include--
(A) the development, improvement, or installation of--
(i) fish screens;
(ii) fish passage devices; and
(iii) other related features agreed to by non-Federal
interests, relevant Federal and tribal agencies, and affected
States; and
(B) inventories by the States on the need and priority for
projects described in clauses (i) through (iii).
(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
[[Page H9985]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Calvert) and the gentleman from New Mexico (Mr. Udall)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Calvert).
Mr. CALVERT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the House originally passed H.R. 1444 by a voice vote
on November 9, 1999. The bill authorized the Secretary of the Interior
to establish a program to plan, design, and construct fish screens,
fish passage devices, and related features to mitigate impacts on
fisheries related to irrigation system water diversions by local
government entities in the Pacific Ocean drainage of the States of
Oregon, Washington, Montana, and Idaho.
On April 13, 2000, the Senate amended H.R. 1444 by substituting H.R.
1444 with the text of S. 1723 and passed the bill by unanimous consent.
The substance of S. 1723 is virtually identical to H.R. 1444. However,
there are some technical changes which are being made today to clarify
that fishery restoration is a priority.
In the Northwest, valuable salmon populations travel through various
river basins as juvenile and adult fish. It has been demonstrated that
fish screens and passages are an effective way to protect migrating
fish from the deadly effects of water diversion projects. H.R. 1444
will encourage the construction of these fish-saving devices.
I compliment the authors, especially our colleague, the gentleman
from Oregon (Mr. Walden), for their leadership in this matter. This is
a sound conservation bill, and I urge Members to vote aye.
Madam Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Madam Speaker, I want to recognize the
leadership and foresight of the gentleman from Oregon (Mr. DeFazio) on
this bill. He played an instrumental role in this legislation.
H.R. 1444 establishes a fish screen construction program for
irrigation projects in Idaho, Washington, Montana, and Oregon. The
purpose of this legislation is to protect endangered fish species in
the Pacific Northwest. Construction of fish screens authorized by this
bill will help decrease fish mortality rates by preventing juvenile
salmon from straying into water diversion projects. Participation in
the program is voluntary, and a local share of 35 percent of the cost
of the project is required.
{time} 1500
Under this amended version of H.R. 1444, the U.S. Fish and Wildlife
Service will have responsibility for administering the new fish screen
program, in consultation with other Federal agencies.
The Fish and Wildlife Service was chosen as the lead agency in
recognition that the Fish and Wildlife Service has the experience, the
expertise and on-the-ground capability to most effectively administer
the fish screen program. However, other Federal agencies have an
interest in this program; and, in fact, the water project construction
agency, such as the Corps of Engineering and the Bureau of Reclamation
are usually responsible for funding the mitigation of adverse
environmental impacts caused by project construction and operation.
The bill requires consultation with such agencies. In addition to a
consultive role, we expect these other agencies to actively participate
in fish screen projects and also to contribute funds, when appropriate,
for projects developed under the authority of this legislation.
Madam Speaker, I urge my colleagues to support H.R. 1444.
Madam Speaker, I yield back the balance of my time.
Mr. CALVERT. Madam Speaker, I yield such time as he may consume to
the gentleman from Oregon (Mr. Walden) for whatever comments he may
have.
Mr. WALDEN of Oregon. Madam Speaker, I want to thank the gentleman
from California for yielding me the time.
Madam Speaker, this is, indeed, another example of getting things
done, getting things done for fish, getting things done for farmers in
the Northwest. As my colleagues know, our salmon runs face tremendous
challenges there, the wild salmon runs do, and our farmers are under
incredible pressure.
This is one of those bills that is a win-win for both sides, because
we are going to be installing fish screens that will help divert the
salmon around these irrigation projects and help them on their way out
to sea. We are going to help our farmers improve their water flows and
protect their way of life as well.
H.R. 1444 is to encourage irrigators to protect the Northwest
endangered fish species. The bill aims to decrease fish mortality rates
by constructing fish screens to prevent the juvenile salmon from
swimming into water diversion projects. There is a local share that has
to be involved here. Participation in the program is voluntary, and a
local share of 35 percent of the costs of the project is required.
This is one of those pieces of legislation that is actually a helping
hand from the Federal Government in a true partnership with the local
irrigation districts. The Department of Interior, Fish and Wildlife
Service in consultation with the Army Corps and the Bureau of
Reclamation will be responsible for administering the program. And the
legislation is supported by many conservation recreation and water user
groups, including the Oregon Water Resources Congress; Save Our Wild
Salmon, a coalition of sport and fishing groups, fishing businesses and
conservation organizations; along with the Oregon Department of Fish
and Wildlife.
Madam Speaker, I would like to thank my colleagues Senator Smith and
Senator Wyden and certainly the gentleman from Oregon (Mr. DeFazio) for
his leadership in getting this legislation to this point, and the
committee and the staff and the leadership for scheduling for a vote
today.
Madam Speaker, this will do good things for fish. This will do good
things
[[Page H9986]]
for farmers. I am delighted that, in the bipartisan spirit of this
body, we are going to get in passed into law.
Mr. DeFAZIO. Madam Speaker, I rise in strong support of H.R. 1444,
the ``Fisheries Restoration and Irrigation Mitigation Act,''
legislation to establish a fish screen construction program for
irrigation projects in Idaho, Washington, Montana and Oregon.
H.R. 1444 is needed to assist in the effort to protect the
Northwest's endangered fish species. The bill aims to decrease fish
mortality rates by aiding in the construction of fish screens to
prevent juvenile salmon from straying into water diversion projects.
Many farms in the Northwest are irrigated by water diverted from
streams and rivers. Water is transported to farms via irrigation canals
connecting to streams and rivers. The irrigation canals pose a major
risk to juvenile salmon, called smolts, migrating downstream to the
ocean. Smolts die when they are diverted from the rivers and streams
into irrigation ditches. Fish screens placed at entrances to irrigation
diversions will prevent smolts from swimming into irrigation ditches
and decrease mortality rates for fish stocks in the Northwest. H.R.
1444 sets up a federal program to assist in the construction of fish
screens. Under the legislation, participation in the program will be
voluntary and a local share of 35 percent of the cost of each project
is required.
During negotiations over the legislation, there was some debate over
which agency will have responsibility for administering the fish screen
program. The original House bill put the Army Corps of Engineers in
charge of the program while the Senate bill gave the responsibility to
the Department of Interior. It was the Senate sponsor's hope that the
Bureau of Reclamation, would be responsible for administering the
program within the Department of Interior.
Under this final version of H.R. 1444, the U.S. Fish and Wildlife
Service will have responsibility for administering the program. The
Fish and Wildlife was chosen as the lead agency because it has the
expertise to most effectively administer the fish screen program.
However, I would like to make it clear there are other federal agencies
with expertise, capability and an interest in reducing fish mortality
at irrigation diversions. Recognizing this, the bill directs the Fish
and Wildlife Service to consult with other agencies when implementing
the program. I also believe that, in addition to a consultative role,
other agencies may contribute funds for programs developed under the
authority of the act. I see the contribution of funds from federal
agencies other than the Fish and Wildlife Services as especially
appropriate from agencies involved in water management in the region
and in the operations of the Federal Columbia River Power System,
including the Bureau of Reclamation, the Army Corps of Engineers, and
the Bonneville Power Administration to contribute the funds for the
fish screen construction program.
In fact, it is my understanding that the draft Biological Opinion for
the Federal Columbia River Power System issued in July calls for
offsite mitigation by these agencies. Such mitigation under the draft
Biological Opinion can include construction and installation of fish
screens at irrigation diversions. I am hopeful that contributions of
funds to develop programs under the authority of this act could be
credited as offsite mitigation under the finalized Biological Opinion.
As a member of the House Transportation and Infrastructure Committee
as well as the House Resources Committee, I want to acknowledge the
interest that Transportation Committee maintains in the bill and the
projects developed under the bill's authority. The Transportation
Committee should receive any reports prepared for Congress on the
program. The Committee should particularly be included if projects
relate to compliance with the Clean Water Act. In addition, the Corps
of Engineers and EPA should be consulted on projects developed for
compliance with the Clean Water Act.
The legislation is supported by numerous conservation, recreation and
water user groups including the Oregon Water Resources Congress and
Save Our Wild Salmon, a coalition of sport and commercial fishing
groups, fishing businesses and conservation organizations. The bill is
also supported by the Oregon Department of Fish and Wildlife.
The bill has bipartisan support in the House and Senate.
Representative Peter DeFazio (D-Ore.) and Representative Greg Walden
(R-Ore.), members of the House Resources Committee, are original
cosponsors of H.R. 1444. The bill was approved by the House of
Representatives on November 9th of last year. A similar measure was
introduced in the Senate by Senator Ron Wyden (D-Ore.) and Senator
Gordon Smith (R-Ore.) and was approved by the full Senate on April 13,
2000. I urge my colleagues to vote in favor of this important
legislation.
I also want to thank my colleagues who helped with this bill,
including Mr. Walden of Oregon. Resources Committee Chairman Don Young
and Ranking Member George Miller, and Senators Ron Wyden and Gordon
Smith. I'd also like to acknowledge the many congressional staff
members who worked on this bill including: Kathie Eastman of my
personal staff, Lindsay Slater and Troy Tidwell of Mr. Walden's staff;
Steve Lanich, Bob Faber and Doug Yoder of the House of Resources
Committee; Ben Grumbles and Art Chan of the House Transportation and
Infrastructure Committee; Joshua Sheinkman, and Eileen McLellan of
Senator Wyden's staff; Valerie West of Senator Smith's staff; and
former staffers Cynthia Suchman and Martin Kodis.
Mr. CALVERT. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentleman from California (Mr. Calvert) that the House
suspend the rules and agree to the resolution, House Resolution 630.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________