Text: H.R.1444 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-502 (11/13/2000)

 
[106th Congress Public Law 502]
[From the U.S. Government Printing Office]


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[DOCID: f:publ502.106]


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       FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2000

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Public Law 106-502
106th Congress

                                 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. <<NOTE: Nov. 13, 2000 -  [H.R. 1444]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Fisheries Restoration and 
Irrigation Mitigation Act of 2000.>> assembled,

SECTION 1. SHORT <<NOTE: 16 USC 777 note.>> TITLE.

    This Act may be cited as the ``Fisheries Restoration and Irrigation 
Mitigation Act of 2000''.

SEC. 2. <<NOTE: 16 USC 777 note.>> 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 <<NOTE: 16 USC 777 note.>> 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--

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                    (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 <<NOTE: 16 USC 777 note.>> 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 <<NOTE: 16 USC 777 
            note.>> 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 <<NOTE: 16 USC 777 note.>> 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 <<NOTE: 16 USC 777 note.>> 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,

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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 <<NOTE: 16 USC 777 
            note.>> 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. <<NOTE: 16 USC 777 note.>> 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 <<NOTE: 16 USC 777 note.>> 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 
                one 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 


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        may be used for Federal administrative expenses of carrying out 
        this Act.

    Approved November 13, 2000.

LEGISLATIVE HISTORY--H.R. 1444:
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HOUSE REPORTS: No. 106-454, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 106-239 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Nov. 9, considered and passed House.
                                                        Vol. 146 (2000):
                                    Apr. 13, considered and passed 
                                        Senate, amended.
                                    Oct. 17, House concurred in Senate 
                                        amendments with amendments.
                                    Oct. 27, Senate concurred in House 
                                        amendments.

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