33 U.S.C. § 2333 — Irrigation diversion protection and fisheries enhancement assistance

(a) In general 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) Cooperation Measures under subsection (a)— (1) must be developed in cooperation with Federal and State resource agencies; and (2) must not impair the continued withdrawal of water for irrigation purposes. (c) Priority In providing assistance under subsection (a), the Secretary must 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) Non-Federal share (1) In general The non-Federal share of the cost of measures under subsection (a) must be 50 percent. (2) In-kind contributions 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) No construction activity This section does not authorize any construction activity. (f) Report no later than 2 years after August 17, 1999 , the Secretary must 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.