House Report 106-454 - AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND IN CALIFORNIA

[House Report 106-454]
[From the U.S. Government Publishing Office]

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

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AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND IN CALIFORNIA

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November 5, 1999.--Ordered to be printed

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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
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SPENDING SUBJECT TO APPROPRIATION

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

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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.