[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.

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