S. Rept. 106-239 - IRRIGATION MITIGATION AND RESTORATION PARTNERSHIP ACT OF 1999106th Congress (1999-2000)
Committee Report
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106th Congress Report
SENATE
2d Session 106-239
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IRRIGATION MITIGATION AND RESTORATION PARTNERSHIP ACT OF 1999
_______
March 9, 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1444]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1444) 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, having considered
the same, reports favorably thereon with an amendment and an
amendment to the title and recommends that the Act, as amended,
do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Irrigation Mitigation and
Restoration Partnership Act of 1999''.
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 Irrigation
Mitigation and Restoration Partnership Program established by
section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. ESTABLISHMENT OF THE PARTNERSHIP PROGRAM.
(a) Establishment.--There is established the Irrigation Mitigation
and Restoration Partnership 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 from 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 water
and soil conservations districts, in the Pacific Ocean drainage
area.
(2) Types of projects.--Projects eligible under the Program
may include the development, improvement, or installation of--
(A) fish screens;
(B) fish passage devices;
(C) other facilities agreed to by non-Federal
interests, relevant Federal and tribal agencies, and
affected States; and
(D) inventories by the States on the need and
priority for projects described in subparagraphs (A)
through (C).
(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) Determinaton 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.
2. Amend the title so as to read: ``A bill to authorize the
Secretary of the Interior to establish a program to plan,
design, and construct facilities to mitigate impacts associated
with irrigation system water diversions by local governmental
entities in the Pacific Ocean drainage of the States of Oregon,
Washington, Montana, and Idaho.''.
Purpose of the Measure
As ordered reported, H.R. 1444 would establish a program to
authorize the Secretary of the Interior to plan, design, and
construct facilities to mitigate impacts associated with
irrigation system water diversions by local governmental
entities in the Pacific Ocean drainage of the States of Oregon,
Washington, Montana, and Idaho. This program is to be carried
out in a partnership, with the Secretary of the Interior
consulting with the head of other appropriate agencies, as well
as a local government entities, including soil and water
conservation districts in these four States.
Background and Need
The Bureau of Reclamation and the U.S. Army Corps of
Engineers currently operate 14 large-scale water projects in
the Columbia River Basin. These facilities provide navigation
assistance, flood control, irrigation, hydroelectric power and
various recreational opportunities for the citizens in the
Pacific Northwest.
Salmon migrate through the rivers basins in those states
and traverse the system as juvenile and adult fish. One of the
factors that can affect or halt this migration is the diversion
of water from the system for irrigation. Two of the goals of
H.R. 1444 are to decrease fish mortality association with this
withdrawal and decrease the incidence of fish entering the
water supply systems. Fish screens and fish passage devices
have been identified as one of the best means to aid in
addressing these goals. Information has been provided to the
Committee that current State and Federal law require
installation of fish screens on many of these irrigation
diversions.
The Federal and State agencies responsible for managing
these river systems in the Pacific Drainage area have worked to
get fish screens and fish passage devices incorporated into the
irrigation systems in these states. There is currently a gap in
this effort in that Federal assistance is not available for
local governmental entities outside the mainstream Columbia
River system despite the need to conserve juvenile salmon
populations. This legislation would help close that gap
according to testimony before the Subcommittee on Water and
Power Resources.
Legislative History
H.R. 1444 passed the House of Representatives by a voice
vote on November 9, 1999 and was referred to the Committee on
Energy and Natural Resources on November 19, 1999. Companion
legislation, S. 1723, was introduced by Senators Wyden and G.
Smith on October 13, 1999. A hearing was held in the Water and
Power Subcommittee on October 20, 1999. At the business meeting
on February 10, 2000, the Committee on Energy and Natural
Resources took up the House passed version, H.R. 1444, struck
the text and inserted the text of S. 1723, as amended. The
Committee then ordered H.R. 1444 favorably reported, as
amended.
COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES
The Committee on Energy and Natural Resources, in open
business session on February 10, 2000, by an unanimous vote of
a quorum present, recommends that the Senate pass H.R. 1444, if
amended as described herein.
COMMITTEE AMENDMENTS
During the consideration of H.R. 1444, the Committee took
up the House passed version and adopted a substitute amendment.
As introduced, S. 1723 made the program the responsibility
of the Bureau of Reclamation. The substitute amendment changes
the title of the bill to reflect broader responsibilities
between federal agencies so the mitigation and restoration
partnership envisioned for irrigation facilities would be
carried out by the Secretary of the Interior, and the U.S. Fish
and Wildlife Service since the program focus is to mitigate
impact to fisheries resulting from the construction and
operation of water diversions by local governments, not
necessarily those by the Bureau of Reclamation.
The Committee intends for this work to be carried out in
the Pacific Drainage of Oregon, Washington, Montana, and Idaho.
The Committee notes that other Federal programs, such as the
Columbia River Basin Fish and Wildlife Protection program
provide funding for similar projects and does not intend that
entities receiving funding under those other Federal programs
be eligible to also receive funding under this program for the
same projects.
The goals of this new program are to address the fish
mortality problems associated with these irrigation withdrawals
and decrease the incidence of these fish entering the water
supply systems. The Committee does not intend for any
significant research to be carried out with the funding
provided.
The projects constructed and operated by local governmental
entities, including soil and water conservation districts that
are eligible under this program shall be eligible to have fish
screens, fish passage devices or other facilities that are
agreed to by the interests listed in the bill to be
development, improved or installed on their projects. The four
States are also expected to undertake an inventory under the
program so some priority can be established.
The Committee would also like to make it clear that under
the eligibility requirements, the project where the work is to
be undertaken will be done so only with the non-Federal
entities with authority and responsibility for the project. The
cost-sharing for such work will be 35 percent for the non-
Federal share and the Federal government shall pick up the full
share for any projects carried out on Federal land or at a
Federal facility.
The Committee believes there is great value in the report
that is to be prepared after three years, especially with
respect to any changes that need to be made in the program.
There is $25 million for the next five fiscal years that is
authorized to carry out this work and the Committeeexpects the
6 percent cap on administrative expenses to be adhered to during the
course of the authorization. Given the importance of this program, the
Committee would also like the Secretary to make use of the waiver
provision in the limitation section if a particular State is not going
to make use of the program.
section-by-section analysis
Section 1--Short title
Section 2--Definitions
Section 3--Establishment of the Partnership Program
This section establishes the Program, outlines the goals of
the program, requires the Secretary to consult with the heads
of appropriate agencies in developing and implementing
projects, lists the types of projects eligible and requires the
Secretary to give priority to projects costing less than
$5,000,000.
Section 4--Participation in the program
This section provides that non-Federal participation shall
be voluntary, that the Secretary cannot take any action that
would result in financial liability for any non-participating,
non-Federal entity and that costs for projects involving U.S.
land or facilities shall be nonreimbursable.
Section 5--Evaluation and prioritization of projects
This section requires that projects be evaluated and
prioritized based on five criteria.
Section 6--Eligibility requirements
This section requires that projects meet certain criteria
to be eligible for funding.
Section 7--Cost sharing
This section provides direction for Federal and non-Federal
cost-sharing for development and implementation of projects.
Section 8--Limitation on eligibility for funding
This section provides that projects receiving funds under
this Act shall not be eligible to receive Federal funds from
any other source for the same purpose.
Section 9--Report
This section requires the Secretary to submit a report to
Congress on the projects completed, or to be completed, and any
recommended changes to the Program.
Section 10--Authorization of appropriations
This section authorizes $25,000,000 for each of fiscal
years 2001 through 2005 and describes limitations on amounts to
single states, provides for a waiver and limits administrative
expenses.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 22, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1444, the
Irrigation Mitigation and Restoration Partnership Act of 1999.
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--Irrigation Mitigation and Restoration Partnership Act of
1999
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 $95 million through fiscal
year 2005. An additional $30 million would be spent in years
after 2005. H.R. 1444 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The legislation 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 those costs would be voluntary.
H.R. 1444 would establish the irrigation mitigation and
restoration partnership program within the Department of the
Interior. The new program would support projects to mitigate
adverse impacts on fisheries in Oregon, Washington, Montana,
and Idaho that are caused by the construction and operation of
irrigation facilities controlled by local governments. The
program would finance the construction and operation of fish
ladders, fish screens, and other facilities that decrease fish
mortality from the operation of irrigation and other water
diversion systems. For this purpose, H.R. 1444 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 environmental). CBO assumes that the
entire amounts authorized will be appropriated for each fiscal
year. Outlays are based on spending patterns for similar
programs of the U.S. Fish and Wildlife Service.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level...................................... 25 25 25 25 25
Estimated Outlays........................................ 8 16 21 25 25
----------------------------------------------------------------------------------------------------------------
Pay-as-you-go consideration: 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.
Previous CBO estimate: On September 8, 1999, CBO submitted
a cost estimate for H.R. 1444 as ordered reported by the House
Committee on Resources on August 4, 1999. The costs of the two
versions of the bill are identical.
Estimate prepared by: Deborah Reis.
Estimate approved by: Robert A. Sunshine, 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 H.R. 1444. 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 H.R. 1444, as ordered reported.
executive communications
On October 22, 1999 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1723. These
reports had not been received at the time this report was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The Administration did not provide
testimony at the October 20, 1999 hearing.
changes in existing law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill H.R. 1444, as
ordered reported.