[DOCID: f:sr297.110]
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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.
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