PUBLIC LAW 106-502—NOV. 13, 2000 114 STAT. 2295 (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. SEC. 4. PARTICIPATION IN THE PROGRAM. 16 USC 777 note. ' (a) NON-FEDERAL.— (1) IN GENERAL.— Non-Federal participation in the Program shall be voluntary. (2) FEDERAL ACTION. — 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) FEDERAL.—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. 16 USC 777 note. 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 tj^e 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. 16 USC 777 note. (a) IN GENERAL. —^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) DETERMINATION OF ELIGIBILITY. —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. 16 USC 777 note. (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,
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