[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
[[Page 114 STAT. 2294]]
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,
[[Page 114 STAT. 2296]]
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
[[Page 114 STAT. 2297]]
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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