[Congressional Record Volume 146, Number 137 (Friday, October 27, 2000)]
[Senate]
[Pages S11276-S11278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 BEND PINE NURSERY LAND CONVEYANCE ACT

                                 ______
                                 

      FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2000

  Mr. HATCH. I ask unanimous consent that the Chair lay before the 
Senate messages from the House with respect to S. 1936 and H.R. 1444.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  There being no objection, the Presiding Officer (Mr. Bennett) laid 
before the Senate the following messages from the House of 
Representatives:

       Resolved, That the bill from the Senate (S. 1936) entitled 
     ``An Act to authorize the Secretary of Agriculture to sell or 
     exchange all

[[Page S11277]]

     or part of certain administrative sites and other National 
     Forest System land in the State of Oregon and use the 
     proceeds derived from the sale or exchange for National 
     Forest System purposes'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bend Pine Nursery Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) State.--The term ``State'' means the State of Oregon.

     SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.

       (a) In General.--The Secretary may, under such terms and 
     conditions as the Secretary may prescribe, sell or exchange 
     any or all right, title, and interest of the United States in 
     and to the following National Forest System land and 
     improvements:
       (1) Tract A, Bend Pine Nursery, comprising approximately 
     210 acres, as depicted on site plan map entitled ``Bend Pine 
     Nursery Administrative Site, May 13, 1999''.
       (2) Tract B, the Federal Government owned structures 
     located at Shelter Cove Resort, Deschutes National Forest, 
     buildings only, as depicted on site plan map entitled 
     ``Shelter Cove Resort, November 3, 1997''.
       (3) Tract C, portions of isolated parcels of National 
     Forest Land located in Township 20 south, Range 10 East 
     section 25 and Township 20 South, Range 11 East sections 8, 
     9, 16, 17, 20, and 21 consisting of approximately 1,260 
     acres, as depicted on map entitled ``Deschutes National 
     Forest Isolated Parcels, January 1, 2000''.
       (4) Tract D, Alsea Administrative Site, consisting of 
     approximately 24 acres, as depicted on site plan map entitled 
     ``Alsea Administrative Site, May 14, 1999''.
       (5) Tract F, Springdale Administrative Site, consisting of 
     approximately 3.6 acres, as depicted on site plan map 
     entitled ``Site Development Plan, Columbia Gorge Ranger 
     Station, April 22, 1964''.
       (6) Tract G, Dale Administrative Site, consisting of 
     approximately 37 acres, as depicted on site plan map entitled 
     ``Dale Compound, February 1999''.
       (7) Tract H, Crescent Butte Site, consisting of 
     approximately .8 acres, as depicted on site plan map entitled 
     ``Crescent Butte Communication Site, January 1, 2000''.
       (b) Consideration.--Consideration for a sale or exchange of 
     land under subsection (a) may include the acquisition of 
     land, existing improvements, or improvements constructed to 
     the specifications of the Secretary.
       (c) Applicable Law.--Except as otherwise provided in this 
     Act, any sale or exchange of National Forest System land 
     under subsection (a) shall be subject to the laws (including 
     regulations) applicable to the conveyance and acquisition of 
     land for the National Forest System.
       (d) Cash Equalization.--Notwithstanding any other provision 
     of law, the Secretary may accept a cash equalization payment 
     in excess of 25 percent of the value of land exchanged under 
     subsection (a).
       (e) Solicitations of Offers.--
       (1) In general.--Subject to paragraph (3), the Secretary 
     may solicit offers for sale or exchange of land under this 
     section on such terms and conditions as the Secretary may 
     prescribe.
       (2) Rejection of offers.--The Secretary may reject any 
     offer made under this section if the Secretary determines 
     that the offer is not adequate or not in the public interest.
       (3) Right of first refusal.--The Bend Metro Park and 
     Recreation District in Deschutes County, Oregon, shall be 
     given the right of first refusal to purchase the Bend Pine 
     Nursery described in subsection (a)(1).
       (f) Revocations.--
       (1) In general.--Any public land order withdrawing land 
     described in subsection (a) from all forms of appropriation 
     under the public land laws is revoked with respect to any 
     portion of the land conveyed by the Secretary under this 
     section.
       (2) Effective date.--The effective date of any revocation 
     under paragraph (1) shall be the date of the patent or deed 
     conveying the land.

     SEC. 4. DISPOSITION OF FUNDS.

       (a) Deposit of Proceeds.--The Secretary shall deposit the 
     proceeds of a sale or exchange under section 3(a) in the fund 
     established under Public Law 90-171 (16 U.S.C. 484a) 
     (commonly known as the ``Sisk Act'').
       (b) Use of Proceeds.--Funds deposited under subsection (a) 
     shall be available to the Secretary, without further Act of 
     appropriation, for--
       (1) the acquisition, construction, or improvement of 
     administrative and visitor facilities and associated land in 
     connection with the Deschutes National Forest;
       (2) the construction of a bunkhouse facility in the 
     Umatilla National Forest; and
       (3) to the extent the funds are not necessary to carry out 
     paragraphs (1) and (2), the acquisition of land and interests 
     in land in the State.
       (c) Administration.--Subject to valid existing rights, the 
     Secretary shall manage any land acquired by purchase or 
     exchange under this Act in accordance with the Act of March 
     1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the 
     ``Weeks Act'') and other laws (including regulations) 
     pertaining to the National Forest System.

     SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.

       The Secretary may acquire, construct, or improve 
     administrative facilities and associated land in connection 
     with the Deschutes National Forest System by using--
       (1) funds made available under section 4(b); and
       (2) to the extent the funds are insufficient to carry out 
     the acquisition, construction, or improvement, funds 
     subsequently made available for the acquisition, 
     construction, or improvement.

     SEC. 6. AUTHORIZATION OF APPROPRIATION.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                  ____
                                  
       Resolved, That the House agree to the amendments of the 
     Senate to the bill (H.R. 1444) entitled ``An Act 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 States 
     of Oregon, Washington, Montana, Idaho, and California'', with 
     the following House amendments to Senate amendments:
       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 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.

[[Page S11278]]

       (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 ``An Act 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.''.
  Mr. HATCH. I ask consent that the Senate agree to the amendments of 
the House for each bill, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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