Home > 106th Congressional Bills > H.R. 1444 (eas) [Engrossed Amendment Senate] ...H.R. 1444 (eas) [Engrossed Amendment Senate] ...
In the House of Representatives, U. S.,
October 17, 2000.
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.
(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.''.
Attest:
Clerk.
106th CONGRESS
2d Session
H.R. 1444
_______________________________________________________________________
HOUSE AMENDMENTS TO SENATE AMENDMENTS
Pages: 1 Other Popular 106th Congressional Bills Documents:
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