[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1307 Referred in House (RFH)]
2d Session
S. 1307
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2004
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior, acting through the Bureau
of Reclamation, to assist in the implementation of fish passage and
screening facilities at non-Federal water projects, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
As used in this Act--
(1) ``Secretary'' means the Secretary of the Interior,
acting through the Commissioner of Reclamation;
(2) ``Reclamation'' means the Bureau of Reclamation, United
States Department of the Interior;
(3) ``Fish passage and screening facilities'' means
ladders, collection devices, and all other kinds of facilities
which enable fish to pass through, over, or around water
diversion structures; facilities and other constructed works
which modify, consolidate, or replace water diversion
structures in order to achieve fish passage; screens and other
devices which reduce or prevent entrainment and impingement of
fish in a water diversion, delivery, or distribution system;
and any other facilities, projects, or constructed works or
strategies which are designed to provide for or improve fish
passage while maintaining water deliveries and to reduce or
prevent entrainment and impingement of fish in a water storage,
diversion, delivery, or distribution system of a water project;
(4) ``Federal reclamation project'' means a water resources
development project constructed, operated, and maintained
pursuant to the Reclamation Act of 1902 (32 Stat. 388), and
acts amendatory thereof and supplementary thereto;
(5) ``Non-Federal party'' means any non-Federal party,
including federally recognized Indian tribes, non-Federal
governmental and quasi-governmental entities, private entities
(both profit and non-profit organizations), and private
individuals;
(6) ``Snake River Basin'' means the entire drainage area of
the Snake River, including all tributaries, from the headwaters
to the confluence of the Snake River with the Columbia River;
(7) ``Columbia River Basin'' means the entire drainage area
of the Columbia River located in the United States, including
all tributaries, from the headwaters to the Columbia River
estuary; and
(8) ``Habitat improvements'' means work to improve habitat
for aquatic plants and animals within a currently existing
stream channel below the ordinary high water mark, including
stream reconfiguration to rehabilitate and protect the natural
function of streambeds, and riverine wetland construction and
protection.
SEC. 2. AUTHORIZATION.
(a) In General.--Subject to the requirements of this Act, the
Secretary is authorized to plan, design, and construct, or provide
financial assistance to non-Federal parties to plan, design, and
construct, fish passage and screening facilities or habitat
improvements at any non-Federal water diversion or storage project
located anywhere in the Columbia River Basin when the Secretary
determines that such facilities would enable Reclamation to meet its
obligations under section 7(a)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1536(a)(2)) regarding the construction and continued
operation and maintenance of all Federal reclamation projects located
in the Columbia River Basin, excluding the Federal reclamation projects
located in the Snake River Basin.
(b) Prohibition of Acquisition of Land for Habitat Improvements.--
Notwithstanding subsection (a), nothing in this Act authorizes the
acquisition of land for habitat improvements.
SEC. 3. LIMITATIONS.
(a) Written Agreement.--The Secretary may undertake the
construction of, or provide financial assistance covering the cost to
the non-Federal parties to construct, fish passage and screening
facilities at non-Federal water diversion and storage projects or
habitat improvements located anywhere in the Columbia River Basin only
after entering into a voluntary, written agreement with the non-Federal
party or parties who own, operate, or maintain the project, or any
associated lands involved.
(b) Federal Share.--The Federal share of the total costs of
constructing the fish passage and screening facility or habitat
improvements shall be not more than 75 percent.
(c) Non-Federal Share.--
(1) Except as provided in paragraph (4), a written
agreement entered into under subsection (a) shall provide that
the non-Federal party agrees to pay the non-Federal share of
the total costs of constructing the fish passage and screening
facility or habitat improvements.
(2) The non-Federal share may be provided in the form of
cash or in-kind services.
(3) The Secretary shall--
(A) require the non-Federal party to provide
appropriate documentation of any in-kind services
provided; and
(B) determine the value of the in-kind services.
(4) The requirements of this subsection shall not apply to
Indian tribes.
(d) Grant and Cooperative Agreements.--Any financial assistance
made available pursuant to this Act shall be provided through grant
agreements or cooperative agreements entered into pursuant to and in
compliance with chapter 63 of title 31, United States Code.
(e) Terms and Conditions.--The Secretary may require such terms and
conditions as will ensure performance by the non-Federal party, protect
the Federal investment in fish passage and screening facilities or
habitat improvements, define the obligations of the Secretary and the
non-Federal party, and ensure compliance with this Act and all other
applicable Federal, State, and local laws.
(f) Rights and Duties of Non-Federal Parties.--All right and title
to, and interest in, any fish passage and screening facilities
constructed or funded pursuant to the authority of this Act shall be
held by the non-Federal party or parties who own, operate, and maintain
the non-Federal water diversion and storage project, and any associated
lands, involved. The operation, maintenance, and replacement of such
facilities shall be the sole responsibility of such party or parties
and shall not be a project cost assignable to any Federal reclamation
project.
SEC. 4. OTHER REQUIREMENTS.
(a) Permits.--The Secretary may assist a non-Federal party who
owns, operates, or maintains a non-Federal water diversion or storage
project, and any associated lands, to obtain and comply with any
required State, local, or tribal permits.
(b) Federal Law.--In carrying out this Act, the Secretary shall be
subject to all Federal laws applicable to activities associated with
the construction of a fish passage and screening facility or habitat
improvements.
(c) State Water Law.--
(1) In carrying out this Act, the Secretary shall comply
with any applicable State water laws.
(2) Nothing in this Act affects any water or water-related
right of a State, an Indian tribe, or any other entity or
person.
(d) Required Coordination.--The Secretary shall coordinate with the
Northwest Power and Conservation Council; appropriate agencies of the
States of Idaho, Oregon, and Washington; and appropriate federally
recognized Indian tribes in carrying out the program authorized by this
Act.
SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW.
(a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and
Acts amendatory thereof and supplementary thereto, shall not apply to
the non-Federal water projects at which the fish passage and screening
facilities authorized by this Act are located, nor to the lands which
such projects irrigate.
(b) Nonreimbursable and Nonreturnable Expenditures.--
Notwithstanding any provision of law to the contrary, the expenditures
made by the Secretary pursuant to this Act shall not be a project cost
assignable to any Federal reclamation project (either as a construction
cost or as an operation and maintenance cost) and shall be non-
reimbursable and non-returnable to the United States Treasury.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary for the purposes of this Act.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.