§ 2333. Irrigation diversion protection and fisheries enhancement assistance

• (a) The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.
• (b) Measures under subsection (a)—
  • (1) shall be developed in cooperation with Federal and State resource agencies; and
  • (2) shall not impair the continued withdrawal of water for irrigation purposes.
• (c) In providing assistance under subsection (a), the Secretary shall give priority based on—
  • (1) the objectives of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.);
  • (2) cost-effectiveness; and
  • (3) the potential for reducing fish mortality.
• (d)
  • (1) The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.
  • (2) Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.
• (e) This section does not authorize any construction activity.
• (f) Not later than 2 years after August 17, 1999 , the Secretary shall submit to Congress a report on—
  • (1) fish mortality caused by irrigation water intake devices;
  • (2) appropriate measures to reduce fish mortality;
  • (3) the extent to which those measures are currently being employed in arid States;
  • (4) the construction costs associated with those measures; and
  • (5) the appropriate Federal role, if any, to encourage the use of those measures.