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106th Congress                                            Rept. 106-454
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
    AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND IN CALIFORNIA

                                _______
                                

                November 5, 1999.--Ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1444]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1444) to authorize the Secretary of the Army to develop 
and implement projects for fish screens, fish passage devices, 
and other similar measures to mitigate adverse impacts 
associated with irrigation system water diversions by local 
governmental entities in the States of Oregon, Washington, 
Montana, and Idaho, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
    The amendments are as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND IN 
                    CALIFORNIA.

    (a) In General.--In cooperation with other Federal agencies, the 
Secretary of the Interior, acting through the Director of the United 
States Fish and Wildlife Service and in consultation with the Bureau of 
Reclamation, may develop and implement projects for fish screens, fish 
passage devices, and other facilities agreed to by non-Federal 
interests, relevant Federal agencies, and affected States to mitigate 
adverse impacts to fisheries resulting from the construction and 
operation of water diversions by local governmental entities in the 
States of Oregon, Washington, Montana, Idaho, and California. Priority 
shall be given to any project that has a total cost of less than 
$2,500,000.
    (b) Goals.--The goals of the program under subsection (a) shall 
be--
          (1) to decrease the incidence of juvenile and adult fish 
        entering water supply systems; and
          (2) to decrease fish mortality associated with the withdrawal 
        of water for irrigation and other purposes without impairing 
        the continued withdrawal of water for that purpose.
    (c) Participation by Non-Federal Entities.--Non-Federal 
participation in the program under subsection (a) shall be voluntary. 
The Secretary shall take no action that would result in any non-Federal 
entity being held financially responsible for any action unless the 
entity applies to participate in the program.
    (d) Evaluation and Prioritization of Projects.--Evaluation and 
prioritization of projects for development and implementation under 
this section shall be conducted on the basis of--
          (1) assisting entities in their compliance with the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
        related environmental concerns;
          (2) cost effectiveness;
          (3) size of diversion;
          (4) availability of other funding sources; and
          (5) opportunity for biological benefit to be achieved with 
        improved conditions.
    (e) Requirements.--A fish screen, fish passage device, or other 
feature shall not be eligible for funding under subsection (a) unless--
          (1) it meets the requirements of the United States Fish and 
        Wildlife Service or the National Marine Fisheries Service, as 
        applicable, and any State requirements; and
          (2) it is agreed to by all interested Federal and non-Federal 
        entities.
    (f) Cost Sharing.--
          (1) In general.--(A) Development and implementation of 
        projects under this section on lands owned by the United States 
        shall be at full Federal expense.
          (B) The non-Federal share of the cost of development and 
        implementation of any project under this section on lands that 
        are not owned by the United States shall be 35 percent.
          (2) In-kind contributions.--(A) The non-Federal participants 
        in any project under this section on lands that are not owned 
        by the United States shall provide all land, easements, rights-
        of-way, dredged material disposal areas, and relocations 
        necessary for the project.
          (B) The value of land, easements, rights-of-way, dredged 
        material disposal areas, and relocations provided under this 
        paragraph for a project shall be credited toward the non-
        Federal share of the costs of the project under paragraph (1).
          (3) OMRR&R.--The; non-Federal interests shall be responsible 
        for all costs associated with operating, maintaining, 
        repairing, rehabilitating, and replacing all projects carried 
        out under this section.
    (g) Consultation and Use of Existing Data and Studies.--In carrying 
out this section, the Secretary shall consult with other Federal, 
State, and local agencies and make maximum use of data and studies in 
existence on the date of enactment of this Act.
    (h) Limitation on Eligibility for Funding.--No project applicant 
pursuant to this section may obtain funds under this section if they 
are also receiving funds from another federally funded program for the 
same purpose.
    (i) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated to 
        carry out this section $25,000,000 for each of fiscal years 
        2001 through 2005.
          (2) Limitations.--(A) Not more than \1/3\ of the total amount 
        of funds appropriated under this section may be used for 
        projects in any single State.
          (B) Not more than 6 percent of the amount of funds 
        appropriated under this section for a fiscal year may be used 
        for administration of this section.
          (3) Interim report.--Upon the expiration of the 3d fiscal 
        year for which amounts are available to carry out this section, 
        the Secretary of the Interior shall report to the Congress 
        describing the accomplishments to date under this section and 
        the projects that will be completed with amounts provided under 
        this section for the 4th and 5th fiscal years for which such 
        amounts are available.

    Amend the title so as to read:

      A bill to authorize the Secretary of the Interior to 
plan, design, and construct fish screens, fish passage devices, 
and other facilities to mitigate adverse impacts associated 
with irrigation system water diversions by local governmental 
entities in the States of Oregon, Washington, Montana, Idaho, 
and California.

                          PURPOSE OF THE BILL

    As introduced, the purpose of H.R. 1444 is to authorize the 
Secretary of the Army to develop and implement projects for 
fish screens, fish passage devices and other similar measures 
to mitigate adverse impacts associated with irrigation system 
water diversions by local governmental entities in the States 
of Oregon, Washington, Montana and Idaho.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Department of the Interior's Bureau of Reclamation and 
the Army Corps of Engineers currently operate 14 large-scale 
water projects in the Columbia River basin, as well as projects 
in California. These facilities provide navigation assistance, 
flood control, crop irrigation, hydroelectric power and various 
recreational opportunities.
    Salmon migrate through the river basins and traverse the 
system as juvenile and adult fish. There are many factors that 
can affect or halt the juvenile salmon's migration. Diversion 
of water from the river basin for irrigation is one of those 
factors. To assist juvenile salmon to safely traverse river 
systems, fish screens and fish passages have been identified as 
a means to aid fish migration and to keep them out of 
diversions. State and federal law currently require 
installation of fish screens on many irrigation diversions. The 
federal and State agencies responsible for managing the 
Columbia River system and other river systems have worked 
diligently to get fish screens and fish passage devices 
incorporated into the irrigation system. However, additional 
work to conserve juvenile salmon populations is needed.

                            COMMITTEE ACTION

    H.R. 1444 was introduced on April 15, 1999, by Congressmen 
Peter DeFazio (D-OR) and Greg Walden (R-OR). The bill was 
referred to the Committee on Transportation and Infrastructure 
and additionally to the Committee on Resources. Within the 
Committee on Resources, the bill was referred to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. 
The Subcommittee has conducted oversight on the benefits of 
fish screens, fish ladders and other fish passage devices but 
did not conduct a hearing on the specific bill. On June 22, 
1999, the Subcommittee met to mark up the bill. No amendments 
were offered and the bill was ordered favorably reported, by 
voice vote, to the Full Committee. On August 4, 1999, the Full 
Resources Committee met to consider the bill. Congressman Jim 
Saxton (R-NJ) offered an amendment in the nature of a 
substitute on behalf of Congressman John Doolittle (R-CA) to 
authorize appropriations of $25 million for each of fiscal 
years 2001 to 2005; move the authority of the program from the 
Secretary of the Army to the Secretary of the Interior, acting 
through the Director of the Fish and Wildlife Service in 
consultation with the Bureau of Reclamation; and include the 
State of California. The amendment was adopted by voice vote. 
The bill as amended was then ordered favorably reported to the 
House of Representatives by voice vote.

              SECTION-BY-SECTION ANALYSIS OF REPORTED BILL

Section 1. Aquatic resources restoration in the Northwest and in 
        California

    The term ``aquatic resources'' in this section applies to 
salmonids.
    Section 1(a) authorizes the Secretary of the Interior, 
acting through the Director of the U.S. Fish and Wildlife 
Service and in consultation with the Bureau of Reclamation, to 
develop and implement projects to mitigate adverse impacts to 
fisheries resulting from the construction and operation of 
water diversions in the States of Oregon, Washington, Montana, 
Idaho and California. The Committee expects that funding 
provided under H.R. 1444 will be through the existing fish 
passage program, and will incorporate existing capabilities and 
expertise.
    As described under subsection (b), the goals of the program 
are to decrease the incidence of fish entering water supply 
systems and to decrease mortality associated with withdrawal of 
water without impairing the continued withdrawal of water. 
Participation by non-Federal entities in the program is 
voluntary.
    As specified in subsection (d), projects eligible for 
funding under this program shall be evaluated and prioritized 
on the basis of: (1) assisting entities in their compliance 
with the Endangered Species Act of 1973; (2) cost 
effectiveness; (3) size of diversion; (4) availability of other 
funding sources; and (5) opportunity for biological benefit to 
be achieved with improved conditions.
    Subsection (e) specifies that a fish screen, fish passage 
device, or related feature shall not be eligible unless it 
meets the requirements of the U.S. Fish and Wildlife Service, 
or the National Marine Fisheries Service, as applicable, and 
any State requirements and is agreed to by all interested 
entities.
    Under subsection (f), development and implementation of 
projects on lands owned by the United States shall be at full 
federal expense. The non-federal share of the costs of 
development and implementation of any project on lands not 
owned by the United States shall be 35 percent. The non-federal 
participants shall provide all lands, easements, rights-of-
ways, dredged material spoil areas, and relocations to the 
extent necessary for projects on lands not owned by the United 
States. The value of land, easements, rights-of-way, dredged 
material disposal areas, and relocations provided shall be 
credited to the non-federal share of the costs. The non-federal 
interests shall be responsible for all costs associated with 
operating, maintaining, repairing, rehabilitating, and 
replacing all projects.
    Under subsection (g), the Secretary of the Interior shall 
consult with other federal, State, and local agencies and shall 
make maximum use of existing data and studies. The Committee 
does not anticipate that significant new research will be 
carried out with funds authorized under H.R. 1444. No project 
applicant may obtain funds if also receiving funds from another 
federally funded program for the same purpose. The Committee is 
aware that other federal programs, such as the Columbia River 
Basin Fish and Wildlife Program, CALFED and the Central Valley 
Project Improvement Act, provide funding for similar projects 
and does not intend that entities receiving funding under those 
programs should also receive funding under this program for the 
same projects.
    Subsection (i) authorizes to be appropriated $25 million 
for each of fiscal years 2001 through 2005. Not more than six 
percent of the funds appropriated for a fiscal year may be used 
for administration of the program. After the third fiscal year 
for which funds are available, the Secretary shall report to 
Congress describing the accomplishments to date and the 
projects that will be completed with amounts provided for the 
fourth and fifth fiscal years.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 8, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budgt Office has 
prepared the enclosed cost estimate for H.R. 1444, a bill to 
authorize the Secretary of the Interior to plan, design, and 
construct fish screens, fish passage devices, and other 
facilities to mitigate adverse impacts associated with 
irrigation system water diversions by local governmental 
entities in Oregon, Washington, Montana, Idaho, and California.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1444--A bill to authorize the Secretary of the Interior to plan, 
        design, and construct fish screens, fish passage devices, and 
        other facilities to mitigate adverse impacts associated with 
        irrigation system water diversions by local governmental 
        entities in Oregon, Washington, Montana, Idaho, and California

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that implementing H.R. 1444 would cost $8 million 
in fiscal year 2001 and a total of $70 million through fiscal 
year 2004. An additional $55 million would be spent in years 
after 2004. H.R. 1444 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
State and local governments might incur some costs as a result 
of the bill's enactment, but these costs would be voluntary.
    H.R. 1444 would authorize the U.S. Fish and Wildlife 
Service (USFWS) to finance projects to mitigate adverse impacts 
on fisheries from the construction and operation of facilities 
that divert water by local governments in Oregon, Washington, 
Montana, Idaho, and California. The program would finance the 
construction and operation of fish ladders, fish screens, and 
other facilities that decrease fish mortality related to the 
operation of irrigation and other water diversion systems. For 
this purpose, the bill would authorize the appropriation of $25 
million annually over the 2001-2005 period. Such amounts would 
finance 100 percent of the costs of developing and implementing 
projects on federal land and 35 percent of such costs on 
nonfederal land. Nonfederal participants in each project would 
be responsible for all costs of operating and maintaining the 
constructed facilities.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1444 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment). CBO assumes that the 
entire amounts authorized will be appropriated for each fiscal 
year. Outlays are based on historic spending patterns for 
similar programs of the USFWS.

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal years, in millions of dollars--
                                                          ------------------------------------------------------
                                                              2000       2001       2002       2003       2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization Level......................................          0         25         25         25         25
Estimated Outlays........................................          0          8         15         22         25
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1444 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would require nonfederal participants 
in the funded projects to pay 35 percent of development and 
implementation costs and all operating and maintenance costs. 
Participation by state and local governments would be 
voluntary.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.
                            A P P E N D I X

                              ----------                              

                          House of Representatives,
                                    Committee on Resources,
                                  Washington, DC, November 4, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Rayburn House 
        Office Building, Washington, DC.
    Dear Mr. Chairman: The Committee on Resources is preparing 
to file its bill report on H.R. 1444, to authorize the 
Secretary of the Army to develop and implement projects for 
fish screens, fish passage devices, and other similar measures 
to mitigate adverse impacts associated with irrigation system 
water diversions by local governmental entities in the States 
of Oregon, Washington, Montana, and Idaho. The bill was 
referred primarily to the Committee on Transportation and 
Infrastructure and additionally to the Committee on Resources.
    During its consideration of the measure, the Committee on 
Resources adopted an amendment supported by the Army Corps of 
Engineers which transferred the implementation of the program 
established under the bill from the Secretary of the Army to 
the Secretary of the Interior. Since this time, our staffs and 
that of the author of the bill have been meeting to negotiate 
further minor changes in the text. I understand that agreement 
has been reached on a suitable text to bring to the Floor.
    Therefore, given the rapidly approaching end to the first 
session of the 106th Congress, I ask that you allow the 
Committee on Transportation and Infrastructure to be discharged 
from further consideration of H.R. 1444 so that it might be 
considered under suspension of the rules soon.
    I look forward to your response and will be happy to 
include it in the report on the bill.
            Sincerely,
                                               Don Young, Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                  Washington, DC, November 4, 1999.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: I appreciate the opportunity to review 
H.R. 1444, as amended by the Resources Committee, before the 
filing of its report.
    As you know, the introduced bill was referred to the 
Transportation and Infrastructure Committee and, in addition, 
the Resources Committee. Your Committee made numerous changes, 
including the substitution of the Secretary of Interior for the 
Secretary of the Army as the person responsible for development 
and implementation of the fish screens and fish passage 
devices.
    Based on the revisions and assurances discussed between 
staff on the two Committees and your desire to move H.R. 1444 
to the Floor expeditiously, I am willing to agree that the 
Transportation and Infrastructure Committee be discharged from 
further consideration of the bill. However, this action is not 
intended to waive the Committee's jurisdiction over H.R. 1444; 
should this legislation go to a House-Senate Conference, the 
Committee on Transportation and Infrastructure reserves the 
right to request to be included as conferees on any provisions 
within this Committee's jurisdiction.
    Thank you for your cooperation and assistance.
            Sincerely,
                                             Bud Shuster, Chairman.