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                                                       Calendar No. 649
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-297

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



 
      FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2008

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1522]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1522) to amend the Bonneville Power 
Administration portions of the Fisheries Restoration and 
Irrigation Mitigation Act of 2000 to authorize appropriations 
for fiscal years 2008 through 2014, and for other purposes, 
having considered the same, reports favorably thereon with 
amendments and an amendment to the title and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
  1. On page 1, line 5, strike ``2007'' and insert ``2008''.
  2. On page 3, line 16, strike ``2008 through 2014'' and 
insert ``2009 through 2015''.
  3. Amend the title so as to read: ``A bill to amend the 
Bonneville Power Administration portions of the Fisheries 
Restoration and Irrigation Mitigation Act of 2000 to authorize 
appropriations for fiscal years 2009 through 2015, and for 
other purposes.''.

                         Purpose of the Measure

    The purpose of S. 1522 is to amend the Bonneville Power 
Administration portions of the Fisheries Restoration and 
Irrigation Mitigation Act of 2000 and to authorize 
appropriations for fiscal years 2009 through 2015, and for 
other purposes.

                          Background and Need

    The federal government's large-scale water projects in the 
Columbia River Basin provide navigation assistance, flood 
control, irrigation, hydroelectric power, and various 
recreational opportunities in the Pacific Northwest. As 
juvenile and adult salmon traverse the river systems in the 
Pacific drainage area of Idaho, Oregon, Washington, and western 
Montana, the diversion of water for irrigation purposes can 
adversely affect their migration.
    In 2000, Congress enacted the Fisheries Restoration and 
Irrigation Mitigation Act (FRIMA) to decrease both the fish 
mortality resulting from irrigation water withdrawals and the 
incidence of fish entering the water supply systems (P.L. 106-
502). The Act established a program within the Department of 
the Interior to plan, design, and construct fish screens and 
fish passage devices, and to conduct inventories to provide 
information for planning and decision-making purposes.
    Implemented by the U.S. Fish and Wildlife Service (FWS), 
FRIMA is a voluntary, cooperative partnership among the federal 
government and local, state, and tribal governments. Projects 
must be associated with an irrigation system, or other water 
diversion; benefit fish species native to the project area; and 
have a local, state, tribal, or federal government sponsor or 
co-applicant. No state may receive more than 25% of project 
funding and grant recipients must contribute at least 35% in 
non-federal matching funds. The program authorization expired 
in FY 2005.

                          Legislative History

    S. 1522 was introduced on May 24, 2007 by Senator Wyden for 
himself and Senators Smith, Craig, Murray, Cantwell, Baucus, 
Crapo, and Tester, and referred to the Committee on Energy and 
Natural Resources. The Water and Power Subcommittee held a 
hearing on S. 1522 on July 26, 2007. (S. Hrg. 110-152.) At its 
business meeting on January 30, 2008, the Committee on Energy 
and Natural Resources ordered S. 1522 favorably reported as 
amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by voice vote of a quorum 
present, recommends that the Senate pass S. 1522, if amended as 
described herein.

                          Committee Amendment

    During the consideration of S. 1522, the Committee adopted 
a technical amendment to improve the bill. The amendment 
updates several dates referenced within the text of S. 1522.

                      Section-by-Section Analysis

    Section 1 provides the short title of the Act.
    Section 2 amends FRIMA with respect to the cost of projects 
treated as priorities under the program.
    Section 3 amends FRIMA to allow the Secretary to accept 
amounts provided by the Bonneville Power Administration, and to 
count those amounts toward the non-Federal share of the costs 
of a project.
    Section 4 amends FRIMA with respect to its existing 
requirements to report to Congress regarding implementation of 
the program.
    Section 5 amends FRIMA by extending the time period in 
which appropriations are authorized for the program, and by 
defining and allocating administrative expenses for the 
program.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1522--Fisheries Restoration and Irrigation Mitigation Act of 2007

    Summary: S. 1522 would reauthorize funding for projects 
carried out under the Fisheries Restoration and Irrigation 
Mitigation Act of 2000 (FRIMA). Such projects, which are 
administered by the U.S. Fish and Wildlife Service (USFWS), 
help restore fisheries affected by water projects in the 
northwest United States. The bill also would allow the USFWS to 
accept and spend amounts provided by the Bonneville Power 
Administration (BPA) to mitigate damage to fisheries caused by 
water diversions.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1522 would cost $115 million 
over the 2008-2013 period and $60 million after 2013 (including 
$25 million authorized to be appropriated for 2014). Enacting 
S. 1522 also could increase offsetting receipts (collected from 
BPA customers) and spending of those receipts (for fisheries 
restoration), but CBO estimates that any such increases would 
be minimal and offset each other over time.
    S. 1522 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1522 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2008    2009    2010    2011    2012    2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............................................      25      25      25      25      25      25
Estimated Outlays...............................................       5      15      20      25      25      25
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1522 will be enacted by the end of fiscal year 2008 and that 
the entire amounts authorized for fiscal years 2008 through 
2013 will be appropriated. Estimated outlays are based on 
historic spending patterns for USFWS programs.
    S. 1522 would authorize the appropriation of $25 million 
for each of fiscal years 2008 through 2014. The previous 
authorization, also of $25 million annually, expired at the end 
of fiscal year 2005. Although no amounts were appropriated for 
FRIMA activities for 2008, in past years appropriations have 
ranged from $1 million to $4 million.
    The bill also would allow the USFWS to use any amounts 
provided by BPA without further appropriation for FRIMA 
projects and to treat those amounts as the nonfederal 
contribution toward the cost of such projects. Because any 
amount provided by BPA toward a FRIMA project would have to be 
recouped through higher electricity rates charged to its 
customers, any additional direct spending resulting from this 
provision would be offset by new offsetting receipts and would 
therefore have no net impact on the federal budget. Moreover, 
based on information provided by the USFWS and BPA, CBO 
estimates that additional offsetting receipts and direct 
spending would be minimal.
    Intergovernmental and private-sector impact: S. 1522 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would extend an existing program that 
benefits participating state and local governments. Any costs 
to those governments would result from complying with 
conditions of aid.
    Estimate prepared by: Federal Costs: Deborah Reis and 
Kathleen Gramp; Impact on State, Local, and Tribal Governments: 
Neil Hood; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1522. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1522, as ordered reported.

                   Congressionally Directed Spending

    S. 1522, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined by rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the United States Fish and 
Wildlife Service at the Subcommittee hearing on July 26, 2007 
on S. 1522 follows:

 Statement of the Fish and Wildlife Service, Department of the Interior

    Chairman Johnson and Members of the Subcommittee, thank you 
for inviting the U.S. Fish and Wildlife Service (Service) to 
provide a written statement on S. 1522, to reauthorize the 
Fisheries Restoration and Irrigation Mitigation Act of 2000 
(FRIMA) for fiscal years 2008 through 2014. The Administration 
supports the principles of FRIMA as one of the tools to 
conserve and restore native anadromous and resident fish 
populations in the Pacific Northwest.
    On November 13, 2000, Congress enacted Public Law 106-502, 
the Fisheries Restoration and Irrigation Mitigation Act 
(FRIMA). This Act created a voluntary fish passage partnership 
program administered by the Department of the Interior. The 
geographic scope of the FRIMA program is the Pacific drainage 
area of Idaho, Oregon, Washington, and western Montana.
    For decades, state, tribal, and federal fishery agencies in 
the Pacific Northwest have identified the screening of 
irrigation and other water diversions, and the resultant 
improvements to fish passage as an effective and important 
means to protect, recover, and restore native anadromous and 
resident fish populations. Irrigation districts in the Pacific 
Northwest also recognize that poorly designed or unscreened 
water diversions result in fish mortality. Nearly 80 percent of 
water diversions in the Pacific Northwest are unscreened, and 
many have passage obstructions that pose a major risk to 
juvenile and adult threatened and endangered fish, including 
salmon, steelhead, bull trout, cutthroat trout, and Klamath 
basin suckers.
    The FRIMA program is carried out by the Service on behalf 
of the Secretary of the Interior, and the program focuses on 
screening water diversions and improving fish passage. FRIMA 
projects can result in nearly 100 percent survival of fish at 
what were often impassable and deadly water control structures. 
The program promotes both sustainable agriculture and 
sustainable fisheries and has strong support from both the 
public and the states--it is an example of the cooperative 
approach needed to restore depleted, native fish stocks.
    The States of Idaho, Montana, Oregon, and Washington, along 
with tribal and local governments have worked closely with the 
Service to assure projects are carefully evaluated and 
prioritized before being funded. Local and state governments 
have shown a strong commitment to the program, investing their 
own staff time and dollars to ensure projects are well designed 
and properly implemented. The FRIMA Steering Committee, made up 
of state, tribal, and federal representatives, ensures a 
collaborative approach to program implementation. FRIMA 
projects have involved the active participation and support of 
over 200 partners who make up the wide array of conservation 
districts, counties, cities and towns, irrigation districts, 
tribes, resource conservation and development councils, and 
environmental organizations that support this program. One 
indication of the strong support for this program is the amount 
of local cost share for FRIMA projects. Although the 
legislation only requires a non-federal cost share of 35 
percent, the local cost share for the FRIMA program has 
averaged 55 percent.
    From fiscal years 2002 through 2006, 121 FRIMA projects 
have been funded, 59 of which have been completed. In addition, 
there are many more acceptable projects with partners that are 
willing to provide their cost share amount. Through 2004 (the 
most recent year for which summary accomplishment reports are 
available), FRIMA projects protected 656 miles of stream, fixed 
15 fish barriers, installed 68 fish screens, conducted nine 
inventories, completed five pre-design analyses, and developed 
one database.
    The Administration supports the principles of FRIMA and 
recognizes that, in some instances, BPA funds are treated as 
non-federal cost share amounts. However, more study and 
evaluation is needed to determine whether Bonneville funds 
should be counted toward the non-federal component of FRIMA.
    In conclusion, FRIMA projects contribute to our efforts to 
restore and conserve anadromous and resident fish populations 
in the Pacific Northwest. The FRIMA program is cost-effective 
and operates in a collaborative, partnership-driven manner with 
private landowners, non-governmental organizations, community 
leaders, and local, state, and tribal governments. The 
Administration supports the principles of FRIMA and looks 
forward to working with the Committee to address concerns with 
the legislation.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1522 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

      FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2000


                  Public Law 106-502 (114 Stat. 2294)


SECTION 1. SHORT TITLE.

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

           *       *       *       *       *       *       *


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] $2,500,000.

           *       *       *       *       *       *       *


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]
          (1) In general.--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.
          (2) Bonneville power administration._
                  (A) In general.--The Secretary may, without 
                further appropriation and without fiscal year 
                limitation, accept any amounts provided to the 
                Secretary by the Administrator of the 
                Bonneville Power Administration.
                  (B) Non-federal share.--Any amounts provided 
                by the Bonneville Power Administration directly 
                or through a grant to another entity for a 
                project carried under the Program 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. 9. REPORT.

    On the expiration of the third fiscal year for which any 
amounts are made available to carry out this Act, the Secretary 
shall, after partnering with local governmental entities and 
the States in the Pacific Ocean drainage area, 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] 2009 through 2015.
    (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 may be used for Federal administrative 
        expenses of carrying out this Act.]
          (2) Administrative expenses.--
                  (A) Definition of administrative expense.--In 
                this paragraph, the term `administrative 
                expense' means, except as provided in 
                subparagraph (B)(iii)(II), any expenditure 
                relating to--
                          (i) staffing and overhead, such as 
                        the rental of office space and the 
                        acquisition of office equipment; and
                          (ii) the review, processing, and 
                        provision of applications for funding 
                        under the Program.
                  (B) Limitation.--
                          (i) In general.--Not more than 6 
                        percent of amounts made available to 
                        carry out this Act for each fiscal year 
                        may be used for Federal and State 
                        administrative expenses of carrying out 
                        this Act.
                          (ii) Federal and state shares.--To 
                        the maximum extent practicable, of the 
                        amounts made available for 
                        administrative expenses under clause 
                        (i)--
                                  (I) 50 percent shall be 
                                provided to the State agencies 
                                provided assistance under the 
                                Program; and
                                  (II) an amount equal to the 
                                cost of 1 full-time equivalent 
                                Federal employee, as determined 
                                by the Secretary, shall be 
                                provided to the Federal agency 
                                carrying out the Program.
                          (iii) State expenses.--Amounts made 
                        available to States for administrative 
                        expenses under clause (i)--
                                  (I) shall be divided evenly 
                                among all States provided 
                                assistance under the Program; 
                                and
                                  (II) may be used by a State 
                                to provide technical assistance 
                                relating to the program, 
                                including any staffing 
                                expenditures (including staff 
                                travel expenses) associated 
                                with--
                                          (aa) arranging 
                                        meetings to promote the 
                                        Program to potential 
                                        applicants;
                                          (bb) assisting 
                                        applicants with the 
                                        preparation of 
                                        applications for 
                                        funding under the 
                                        Program; and
                                          (cc) visiting 
                                        construction sites to 
                                        provide technical 
                                        assistance, if 
                                        requested by the 
                                        applicant.