“This Act may be cited as the ‘Fisheries Restoration and Irrigation Mitigation Act of 2000’.
1988—Subsec. (b). Pub. L. 100–448 substituted “Allocation of amounts by coastal States between marine fish projects and freshwater fish projects” for “Allocation of funds by coastal States; formula; ‘coastal State’ defined” in heading and amended text generally. Prior to amendment, text read as follows: “Each coastal State, to the extent practicable, shall equitably allocate the following sums between marine fish projects and freshwater fish projects in the same proportion as the estimated number of resident marine anglers and the estimated number of resident freshwater anglers, respectively, bear to the estimated number of all resident anglers in that State:
“(1) The additional sums apportioned to such State under this chapter as a result of the taxes imposed by the amendments made by section 1015 of the Tax Reform Act of 1984 on items not taxed under section 4161(a) of title 26 before
“(2) The sums apportioned to such State under this chapter that are not attributable to any tax imposed by such section 4161(a).
As used in this subsection, the term ‘coastal State’ means any one of the States of Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington. The term also includes the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas.”
1986—Subsec. (b)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1984—Pub. L. 98–369 designated existing provisions as subsec. (a) and added subsec. (b).
Pub. L. 100–448, § 6(e),
Pub. L. 98–369, div. A, title X, § 1014(b),
Act Aug. 9, 1950, ch. 658, § 13, 64 Stat. 434, which provided that the effective date of this chapter was
Pub. L. 112–141, div. C, title IV, § 34001,
Pub. L. 109–74, § 1,
Pub. L. 109–59, title X, § 10101,
Pub. L. 105–178, title VII, § 7401(a),
Pub. L. 91–503, title II, § 204,
Act Aug. 9, 1950, ch. 658, § 15, formerly § 16, formerly § 15, as added by Pub. L. 106–408, title I, § 101(c),
Act Aug. 9, 1950, ch. 658, as amended, is also popularly known as the “Federal Aid in Fish Restoration Act” and the “Fish Restoration and Management Projects Act”.
Pub. L. 106–502, “This Act may be cited as the ‘Fisheries Restoration and Irrigation Mitigation Act of 2000’. “A project that receives funds under this Act shall be ineligible to receive Federal funds from any other source for the same purpose.“SECTION 1. SHORT TITLE.“SEC. 2. DEFINITIONS.“In this Act:“(1) The term ‘Pacific Ocean drainage area’ means the area comprised of portions of the States of Oregon, Washington, Montana, Idaho, and California from which water drains into the Pacific Ocean.“(2) The term ‘Program’ means the Fisheries Restoration and Irrigation Mitigation Program established by section 3(a).“(3) 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 PROGRAM.“(a) There is established the Fisheries Restoration and Irrigation Mitigation Program within the Department of the Interior.“(b) 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) “(1) 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) 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) The Secretary shall give priority to any project that has a total cost of less than $2,500,000.“SEC. 4. PARTICIPATION IN THE PROGRAM.“(a) “(1) Non-Federal participation in the Program shall be voluntary.“(2) 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) 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) 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) 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) 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) 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) “(1) 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) “(A) 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) 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) “(1) 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) 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.“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) There is authorized to be appropriated to carry out this Act $15 million through 2021.“(b) “(1) “(A) 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) 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) “(A) 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) “(i) 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) 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) 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.”
[Pub. L. 114–322, title III, § 4010(b)(7)(A),
Transfer of functions to Secretary of Commerce from Secretary of the Interior in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf-Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.