FORT PECK FISH HATCHERY, MONTANA.

SEC. 325. FORT PECK FISH HATCHERY, MONTANA. (a) Findings.—Congress finds that— (1) Fort Peck Lake, Montana, is in need of a multispecies fish hatchery;114 STAT. 2606 (2) the burden of carrying out efforts to raise and stock fish species in Fort Peck Lake has been disproportionately borne by the State of Montana despite the existence of a Federal project at Fort Peck Lake; (3)(A) as of the date of enactment of this Act, eastern Montana has only 1 warm water fish hatchery, which is inadequate to meet the demands of the region; and (B) a disease or infrastructure failure at that hatchery could imperil fish populations throughout the region; (4) although the multipurpose project at Fort Peck, Montana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1034, chapter 831), was intended to include irrigation projects and other activities designed to promote economic growth, many of those projects were never completed, to the detriment of the local communities flooded by the Fort Peck Dam; (5) the process of developing an environmental impact statement for the update of the Corps of Engineers Master Manual for the operation of the Missouri River recognized the need for greater support of recreation activities and other authorized purposes of the Fort Peck project; (6)(A) although fish stocking is included among the authorized purposes of the Fort Peck project, the State of Montana has funded the stocking of Fort Peck Lake since 1947; and (B) the obligation to fund the stocking constitutes an undue burden on the State; and (7) a viable multispecies fishery would spur economic development in the region. (b) Purposes.—The purposes of this section are— (1) to authorize and provide funding for the design and construction of a multispecies fish hatchery at Fort Peck Lake, Montana; and (2) to ensure stable operation and maintenance of the fish hatchery. (c) Definitions.—In this section, the following definitions apply: (1) Fort peck lake.—The term “Fort Peck Lake” means the reservoir created by the damming of the upper Missouri River in northeastern Montana. (2) Hatchery project.—The term “hatchery project” means the project authorized by subsection (d). (d) Authorization.—The Secretary shall carry out a project at Fort Peck Lake, Montana, for the design and construction of a fish hatchery and such associated facilities as are necessary to sustain a multispecies fishery. (e) Cost Sharing.— (1) Design and construction.— (A) Federal share.—The Federal share of the costs of design and construction of the hatchery project shall be 75 percent. (B) Form of non-federal share.—The non-Federal share of the costs of the hatchery project may be provided in the form of cash or in the form of land, easements, rights-of-way, services, roads, or any other form of in-kind contribution determined by the Secretary to be appropriate.114 STAT. 2607 (C) Required crediting.—The Secretary shall credit toward the non-Federal share of the costs of the hatchery project— (i) the costs to the State of Montana of stocking Fort Peck Lake during the period beginning January 1, 1947; and (ii) the costs to the State of Montana and the counties having jurisdiction over land surrounding Fort Peck Lake of construction of local access roads to the lake. (2) Operation, maintenance, repair, and replacement.— (A) In general.—Except as provided in subparagraph (B), the operation, maintenance, repair, and replacement of the hatchery project shall be a non-Federal responsibility. (B) Costs associated with threatened and endangered species.—The costs of operation and maintenance associated with raising threatened or endangered species shall be a Federal responsibility. (f) Authorization of Appropriations.— (1) In general.—There are authorized to be appropriated— (A) $20,000,000 to carry out this section (other than subsection (e)(2)(B)); and (B) such sums as are necessary to carry out subsection (e)(2)(B). (2) Availability of funds.—Sums made available to carry out this section shall remain available until expended.