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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 714 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 143
115th CONGRESS
  1st Session
                                 S. 714

                          [Report No. 115-107]

To amend Public Law 103-434 to authorize Phase III of the Yakima River 
  Basin Water Enhancement Project for the purpose of improving water 
     management in the Yakima River basin, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2017

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 13, 2017

              Reported by Ms. Murkowski, without amendment

_______________________________________________________________________

                                 A BILL

 
To amend Public Law 103-434 to authorize Phase III of the Yakima River 
  Basin Water Enhancement Project for the purpose of improving water 
     management in the Yakima River basin, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yakima River Basin Water Enhancement 
Project Phase III Act of 2017''.

SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.

    (a) Modification of Terms.--Title XII of Public Law 103-434 (108 
Stat. 4550) is amended--
            (1) by striking ``Yakama Indian'' each place it appears 
        (except section 1204(g)) and inserting ``Yakama''; and
            (2) by striking ``Superintendent'' each place it appears 
        and inserting ``Manager''.
    (b) Modification of Purposes.--Section 1201 of Public Law 103-434 
(108 Stat. 4550) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) to protect, mitigate, and enhance fish and wildlife 
        and the recovery and maintenance of self-sustaining harvestable 
        populations of fish and other aquatic life, both anadromous and 
        resident species, throughout their historic distribution range 
        in the Yakima Basin through--
                    ``(A) improved water management and the 
                constructions of fish passage at storage and diversion 
                dams, as authorized under the Hoover Power Plant Act of 
                1984 (43 U.S.C. 619 et seq.);
                    ``(B) improved instream flows and water supplies;
                    ``(C) improved water quality, watershed, and 
                ecosystem function;
                    ``(D) protection, creation, and enhancement of 
                wetlands; and
                    ``(E) other appropriate means of habitat 
                improvement;'';
            (2) in paragraph (2), by inserting ``, municipal, 
        industrial, and domestic water supply and use purposes, 
        especially during drought years, including reducing the 
        frequency and severity of water supply shortages for pro-
        ratable irrigation entities'' before the semicolon at the end;
            (3) by striking paragraph (4);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) to authorize the Secretary to make water available 
        for purchase or lease for meeting municipal, industrial, and 
        domestic water supply purposes;'';
            (6) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (8), respectively;
            (7) by inserting after paragraph (4) (as so redesignated) 
        the following:
            ``(5) to realize sufficient water savings from implementing 
        the Yakima River Basin Integrated Water Resource Management 
        Plan, so that not less than 85,000 acre feet of water savings 
        are achieved by implementing the first phase of the Integrated 
        Plan pursuant to section 1213(a), in addition to the 165,000 
        acre feet of water savings targeted through the Basin 
        Conservation Program, as authorized on October 31, 1994;'';
            (8) in paragraph (6) (as so redesignated)--
                    (A) by inserting ``an increase in'' before 
                ``voluntary''; and
                    (B) by striking ``and'' at the end;
            (9) by inserting after paragraph (6) (as so redesignated) 
        the following:
            ``(7) to encourage an increase in the use of, and reduce 
        the barriers to, water transfers, leasing, markets, and other 
        voluntary transactions among public and private entities to 
        enhance water management in the Yakima River basin;'';
            (10) in paragraph (8) (as redesignated by paragraph (6)), 
        by striking the period at the end and inserting a semicolon; 
        and
            (11) by adding at the end the following:
            ``(9) to improve the resilience of the ecosystems, 
        economies, and communities in the Basin as they face drought, 
        hydrologic changes, and other related changes and variability 
        in natural and human systems, for the benefit of both the 
        people and the fish and wildlife of the region; and
            ``(10) to authorize and implement the Yakima River Basin 
        Integrated Water Resource Management Plan as Phase III of the 
        Yakima River Basin Water Enhancement Project, as a balanced and 
        cost-effective approach to maximize benefits to the communities 
        and environment in the Basin.''.
    (c) Modification of Definitions.--Section 1202 of Public Law 103-
434 (108 Stat. 4550) is amended--
            (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
        (11), (12), (13), and (14) as paragraphs (8), (10), (11), (13), 
        (14), (15), (16), (18), and (19), respectively;
            (2) by inserting after paragraph (5) the following:
            ``(6) Designated federal official.--The term `designated 
        Federal official' means the Commissioner of Reclamation (or a 
        designee), acting pursuant to the charter of the Conservation 
        Advisory Group.
            ``(7) Integrated plan.--The terms `Integrated Plan' and 
        `Yakima River Basin Integrated Water Resource Plan' mean the 
        plan and activities authorized by the Yakima River Basin Water 
        Enhancement Project Phase III Act of 2017 and the amendments 
        made by that Act, to be carried out in cooperation with and in 
        addition to activities of the State of Washington and Yakama 
        Nation.'';
            (3) by inserting after paragraph (8) (as redesignated by 
        paragraph (1)) the following:
            ``(9) Municipal, industrial, and domestic water supply and 
        use.--The term `municipal, industrial, and domestic water 
        supply and use' means the supply and use of water for--
                    ``(A) domestic consumption (whether urban or 
                rural);
                    ``(B) maintenance and protection of public health 
                and safety;
                    ``(C) manufacture, fabrication, processing, 
                assembly, or other production of a good or commodity;
                    ``(D) production of energy;
                    ``(E) fish hatcheries; or
                    ``(F) water conservation activities relating to a 
                use described in subparagraphs (A) through (E).'';
            (4) by inserting after paragraph (11) (as redesignated by 
        paragraph (1)) the following:
            ``(12) Proratable irrigation entity.--The term `proratable 
        irrigation entity' means a district, project, or State-
        recognized authority, board of control, agency, or entity 
        located in the Yakima River basin that--
                    ``(A) manages and delivers irrigation water to 
                farms in the basin; and
                    ``(B) possesses, or the members of which possess, 
                water rights that are proratable during periods of 
                water shortage.''; and
            (5) by inserting after paragraph (16) (as redesignated by 
        paragraph (1)) the following:
            ``(17) Yakima enhancement project; yakima river basin water 
        enhancement project.--The terms `Yakima Enhancement Project' 
        and `Yakima River Basin Water Enhancement Project' mean the 
        Yakima River basin water enhancement project authorized by 
        Congress pursuant to this Act and other Acts (including Public 
        Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381 
        (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111 
        Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to 
        promote water conservation, water supply, habitat, and stream 
        enhancement improvements in the Yakima River basin.''.

SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the second sentence, by striking 
                        ``title'' and inserting ``section''; and
                            (ii) in the third sentence, by striking 
                        ``within 5 years of the date of enactment of 
                        this Act''; and
                    (B) in paragraph (2), by striking ``irrigation'' 
                and inserting ``the number of irrigated acres'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in each of subparagraphs (A) through 
                        (D), by striking the comma at the end and 
                        inserting a semicolon;
                            (ii) in subparagraph (E), by striking the 
                        comma at the end and inserting ``; and'';
                            (iii) in subparagraph (F), by striking 
                        ``Department of Wildlife of the State of 
                        Washington, and'' and inserting ``Department of 
                        Fish and Wildlife of the State of 
                        Washington.''; and
                            (iv) by striking subparagraph (G);
                    (B) in paragraph (3)--
                            (i) in each of subparagraphs (A) through 
                        (C), by striking the comma at the end and 
                        inserting a semicolon;
                            (ii) in subparagraph (D), by striking ``, 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) provide recommendations to advance the 
                purposes and programs of the Yakima Enhancement 
                Project, including the Integrated Plan.''; and
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Authority of designated federal official.--The 
        designated Federal official may--
                    ``(A) arrange and provide logistical support for 
                meetings of the Conservation Advisory Group;
                    ``(B) use a facilitator to serve as a moderator for 
                meetings of the Conservation Advisory Group or provide 
                additional logistical support; and
                    ``(C) grant any request for a facilitator by any 
                member of the Conservation Advisory Group.'';
            (3) in subsection (d), by adding at the end the following:
            ``(4) Payment of local share by state or federal 
        government.--
                    ``(A) In general.--The State or the Federal 
                Government may fund not more than the 17.5 percent 
                local share of the costs of the Basin Conservation 
                Program in exchange for the long-term use of conserved 
                water, subject to the requirement that the funding by 
                the Federal Government of the local share of the costs 
                shall provide a quantifiable public benefit in meeting 
                Federal responsibilities in the Basin and the purposes 
                of this title.
                    ``(B) Use of conserved water.--The Yakima Project 
                Manager may use water resulting from conservation 
                measures taken under this title, in addition to water 
                that the Bureau of Reclamation may acquire from any 
                willing seller through purchase, donation, or lease, 
                for water management uses pursuant to this title.'';
            (4) in subsection (e), by striking the first sentence and 
        inserting the following: ``To participate in the Basin 
        Conservation Program, as described in subsection (b), an entity 
        shall submit to the Secretary a proposed water conservation 
        plan.'';
            (5) in subsection (i)(3)--
                    (A) by striking ``purchase or lease'' each place it 
                appears and inserting ``purchase, lease, or 
                management''; and
                    (B) in the third sentence, by striking ``made 
                immediately upon availability'' and all that follows 
                through ``Committee'' and inserting ``continued as 
                needed to provide water to be used by the Yakima 
                Project Manager as recommended by the System Operations 
                Advisory Committee and the Conservation Advisory 
                Group''; and
            (6) in subsection (j)(4), in the first sentence, by 
        striking ``initial acquisition'' and all that follows through 
        ``flushing flows'' and inserting ``acquisition of water from 
        willing sellers or lessors specifically to provide improved 
        instream flows for anadromous and resident fish and other 
        aquatic life, including pulse flows to facilitate outward 
        migration of anadromous fish''.

SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.

    (a) Yakama Nation Projects.--Section 1204 of Public Law 103-434 
(108 Stat. 4555) is amended--
            (1) in subsection (a)(2), in the first sentence, by 
        striking ``not more than $23,000,000'' and inserting ``not more 
        than $100,000,000''; and
            (2) in subsection (g)--
                    (A) by striking the subsection heading and 
                inserting ``Redesignation of Yakama Indian Nation to 
                Yakama Nation.--'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Redesignation.--The Confederated Tribes and Bands of 
        the Yakama Indian Nation shall be known and designated as the 
        `Confederated Tribes and Bands of the Yakama Nation'.''; and
                    (C) in paragraph (2), by striking ``deemed to be a 
                reference to the `Confederated Tribes and Bands of the 
                Yakama Indian Nation'.'' and inserting ``deemed to be a 
                reference to the `Confederated Tribes and Bands of the 
                Yakama Nation'.''.
    (b) Operation of Yakima Basin Projects.--Section 1205 of Public Law 
103-434 (108 Stat. 4557) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) by inserting 
                                        ``additional'' after 
                                        ``secure'';
                                            (bb) by striking 
                                        ``flushing'' and inserting 
                                        ``pulse''; and
                                            (cc) by striking ``uses'' 
                                        and inserting ``uses, in 
                                        addition to the quantity of 
                                        water provided under the treaty 
                                        between the Yakama Nation and 
                                        the United States'';
                                    (II) by striking clause (ii);
                                    (III) by redesignating clause (iii) 
                                as clause (ii); and
                                    (IV) in clause (ii) (as so 
                                redesignated) by inserting ``and water 
                                rights mandated'' after ``goals''; and
                            (ii) in subparagraph (B)(i), in the first 
                        sentence, by inserting ``in proportion to the 
                        funding received'' after ``Program'';
            (2) in subsection (b), in the second sentence, by striking 
        ``instream flows for use by the Yakima Project Manager as 
        flushing flows or as otherwise'' and inserting ``fishery 
        purposes, as''; and
            (3) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--Additional purposes of the Yakima 
        Project shall be any of the following:
                    ``(A) To recover and maintain self-sustaining 
                harvestable populations of native fish, both anadromous 
                and resident species, throughout their historic 
                distribution range in the Yakima Basin.
                    ``(B) To protect, mitigate, and enhance aquatic 
                life and wildlife.
                    ``(C) Recreation.
                    ``(D) Municipal, industrial, and domestic use.''.
    (c) Lake Cle Elum Authorization of Appropriations.--Section 
1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is amended, in the 
matter preceding subparagraph (A), by striking ``at September'' and all 
that follows through ``to--'' and inserting ``not more than $12,000,000 
to--''.
    (d) Enhancement of Water Supplies for Yakima Basin Tributaries.--
Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended--
            (1) in the heading, by striking ``supplies'' and inserting 
        ``management'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``supplies'' and inserting ``management'';
                    (B) in paragraph (1), by inserting ``and water 
                supply entities'' after ``owners''; and
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``that choose not to participate or opt out of 
                        tributary enhancement projects pursuant to this 
                        section'' after ``water right owners''; and
                            (ii) in subparagraph (B), by inserting 
                        ``nonparticipating'' before ``tributary water 
                        users'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking the paragraph designation 
                        and all that follows through ``(but not limited 
                        to)--'' and inserting the following:
            ``(1) In general.--The Secretary, following consultation 
        with the State of Washington, tributary water right owners, and 
        the Yakama Nation, and on agreement of appropriate water right 
        owners, is authorized to conduct studies to evaluate measures 
        to further Yakima Project purposes on tributaries to the Yakima 
        River. Enhancement programs that use measures authorized by 
        this subsection may be investigated and implemented by the 
        Secretary in tributaries to the Yakima River, including Taneum 
        Creek, other areas, or tributary basins that currently or could 
        potentially be provided supplemental or transfer water by 
        entities, such as the Kittitas Reclamation District or the 
        Yakima-Tieton Irrigation District, subject to the condition 
        that activities may commence on completion of applicable and 
        required feasibility studies, environmental reviews, and cost-
        benefit analyses that include favorable recommendations for 
        further project development, as appropriate. Measures to 
        evaluate include--'';
                            (ii) by indenting subparagraphs (A) through 
                        (F) appropriately;
                            (iii) in subparagraph (A), by inserting 
                        before the semicolon at the end the following: 
                        ``, including irrigation efficiency 
                        improvements (in coordination with programs of 
                        the Department of Agriculture), consolidation 
                        of diversions or administration, and diversion 
                        scheduling or coordination'';
                            (iv) by redesignating subparagraphs (C) 
                        through (F) as subparagraphs (E) through (H), 
                        respectively;
                            (v) by inserting after subparagraph (B) the 
                        following:
                    ``(C) improvements in irrigation system management 
                or delivery facilities within the Yakima River basin 
                when those improvements allow for increased irrigation 
                system conveyance and corresponding reduction in 
                diversion from tributaries or flow enhancements to 
                tributaries through direct flow supplementation or 
                groundwater recharge;
                    ``(D) improvements of irrigation system management 
                or delivery facilities to reduce or eliminate 
                excessively high flows caused by the use of natural 
                streams for conveyance or irrigation water or return 
                water;'';
                            (vi) in subparagraph (E) (as redesignated 
                        by clause (iv)), by striking ``ground water'' 
                        and inserting ``groundwater recharge and'';
                            (vii) in subparagraph (G) (as redesignated 
                        by clause (iv)), by inserting ``or transfer'' 
                        after ``purchase''; and
                            (viii) in subparagraph (H) (as redesignated 
                        by clause (iv)), by inserting ``stream 
                        processes and'' before ``stream habitats'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Taneum Creek study'' and 
                        inserting ``studies under this subsection'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``and economic'' 
                                and inserting ``, infrastructure, 
                                economic, and land use''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(D) any related studies already underway or 
                undertaken.''; and
                    (C) in paragraph (3), in the first sentence, by 
                inserting ``of each tributary or group of tributaries'' 
                after ``study'';
            (4) in subsection (c)--
                    (A) in the heading, by inserting ``and nonsurface 
                storage'' after ``nonstorage''; and
                    (B) in the matter preceding paragraph (1), by 
                inserting ``and nonsurface storage'' after 
                ``nonstorage'';
            (5) by striking subsection (d);
            (6) by redesignating subsection (e) as subsection (d); and
            (7) in paragraph (2) of subsection (d) (as so 
        redesignated)--
                    (A) in the first sentence--
                            (i) by inserting ``and implementation'' 
                        after ``investigation'';
                            (ii) by striking ``other'' before ``Yakima 
                        River''; and
                            (iii) by inserting ``and other water supply 
                        entities'' after ``owners''; and
                    (B) by striking the second sentence.
    (e) Chandler Pumping Plant and Powerplant-operations at Prosser 
Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562; 
114 Stat. 1425) is amended by inserting ``negatively'' before 
``affected''.
    (f) Interim Comprehensive Basin Operating Plan.--Section 1210(c) of 
Public Law 103-434 (108 Stat. 4564) is amended by striking ``$100,000'' 
and inserting ``$200,000''.
    (g) Environmental Compliance.--Section 1211 of Public Law 103-434 
(108 Stat. 4564) is amended by striking ``$2,000,000'' and inserting 
``$5,000,000''.

SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN WATER 
              ENHANCEMENT PROJECT.

    Title XII of Public Law 103-434 (108 Stat. 4550) is amended by 
adding at the end the following:

``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE III OF 
              YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT.

    ``(a) Integrated Plan.--
            ``(1) In general.--The Secretary shall implement the 
        Integrated Plan as Phase III of the Yakima River Basin Water 
        Enhancement Project in accordance with this section and 
        applicable laws.
            ``(2) Initial development phase of the integrated plan.--
                    ``(A) In general.--The Secretary, in coordination 
                with the State of Washington and Yakama Nation and 
                subject to feasibility studies, environmental reviews, 
                and the availability of appropriations, shall implement 
                an initial development phase of the Integrated Plan, 
                to--
                            ``(i) complete the planning, design, and 
                        construction or development of upstream and 
                        downstream fish passage facilities, as 
                        previously authorized by the Hoover Power Plant 
                        Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum 
                        Reservoir and another Yakima Project reservoir 
                        identified by the Secretary as consistent with 
                        the Integrated Plan, subject to the condition 
                        that, if the Yakima Project reservoir 
                        identified by the Secretary contains a 
                        hydropower project licensed by the Federal 
                        Energy Regulatory Commission, the Secretary 
                        shall cooperate with the Federal Energy 
                        Regulatory Commission in a timely manner to 
                        ensure that actions taken by the Secretary are 
                        consistent with the applicable hydropower 
                        project license;
                            ``(ii) negotiate long-term agreements with 
                        participating proratable irrigation entities in 
                        the Yakima Basin and, acting through the Bureau 
                        of Reclamation, coordinate between Bureaus of 
                        the Department of the Interior and with the 
                        heads of other Federal agencies to negotiate 
                        agreements concerning leases, easements, and 
                        rights-of-way on Federal land, and other terms 
                        and conditions determined to be necessary to 
                        allow for the non-Federal financing, 
                        construction, operation, and maintenance of--
                                    ``(I) new facilities needed to 
                                access and deliver inactive storage in 
                                Lake Kachess for the purpose of 
                                providing drought relief for irrigation 
                                (known as the `Kachess Drought Relief 
                                Pumping Plant'); and
                                    ``(II) a conveyance system to allow 
                                transfer of water between Keechelus 
                                Reservoir to Kachess Reservoir for 
                                purposes of improving operational 
                                flexibility for the benefit of both 
                                fish and irrigation (known as the `K to 
                                K Pipeline');
                            ``(iii) participate in, provide funding 
                        for, and accept non-Federal financing for--
                                    ``(I) water conservation projects, 
                                not subject to the provisions of the 
                                Basin Conservation Program described in 
                                section 1203, that are intended to 
                                partially implement the Integrated Plan 
                                by providing 85,000 acre-feet of 
                                conserved water to improve tributary 
                                and mainstem stream flow; and
                                    ``(II) aquifer storage and recovery 
                                projects;
                            ``(iv) study, evaluate, and conduct 
                        feasibility analyses and environmental reviews 
                        of fish passage, water supply (including 
                        groundwater and surface water storage), 
                        conservation, habitat restoration projects, and 
                        other alternatives identified as consistent 
                        with the purposes of this Act, for the initial 
                        and future phases of the Integrated Plan;
                            ``(v) coordinate with and assist the State 
                        of Washington in implementing a robust water 
                        market to enhance water management in the 
                        Yakima River basin, including--
                                    ``(I) assisting in identifying ways 
                                to encourage and increase the use of, 
                                and reduce the barriers to, water 
                                transfers, leasing, markets, and other 
                                voluntary transactions among public and 
                                private entities in the Yakima River 
                                basin;
                                    ``(II) providing technical 
                                assistance, including scientific data 
                                and market information; and
                                    ``(III) negotiating agreements that 
                                would facilitate voluntary water 
                                transfers between entities, including 
                                as appropriate, the use of federally 
                                managed infrastructure; and
                            ``(vi) enter into cooperative agreements 
                        with, or, subject to a minimum non-Federal 
                        cost-sharing requirement of 50 percent, make 
                        grants to, the Yakama Nation, the State of 
                        Washington, Yakima River basin irrigation 
                        districts, water districts, conservation 
                        districts, other local governmental entities, 
                        nonprofit organizations, and land owners to 
                        carry out this title under such terms and 
                        conditions as the Secretary may require, 
                        including the following purposes:
                                    ``(I) Land and water transfers, 
                                leases, and acquisitions from willing 
                                participants, so long as the acquiring 
                                entity shall hold title and be 
                                responsible for any and all required 
                                operations, maintenance, and management 
                                of that land and water.
                                    ``(II) To combine or relocate 
                                diversion points, remove fish barriers, 
                                or for other activities that increase 
                                flows or improve habitat in the Yakima 
                                River and its tributaries in 
                                furtherance of this title.
                                    ``(III) To implement, in 
                                partnership with Federal and non-
                                Federal entities, projects to enhance 
                                the health and resilience of the 
                                watershed.
                    ``(B) Commencement date.--The Secretary shall 
                commence implementation of the activities included 
                under the initial development phase pursuant to this 
                paragraph--
                            ``(i) on the date of enactment of this 
                        section; and
                            ``(ii) on completion of applicable 
                        feasibility studies, environmental reviews, and 
                        cost-benefit analyses that include favorable 
                        recommendations for further project 
                        development.
            ``(3) Intermediate and final phases.--
                    ``(A) In general.--The Secretary, in coordination 
                with the State of Washington and in consultation with 
                the Yakama Nation, shall develop plans for intermediate 
                and final development phases of the Integrated Plan to 
                achieve the purposes of this Act, including conducting 
                applicable feasibility studies, environmental reviews, 
                and other relevant studies needed to develop the plans.
                    ``(B) Intermediate phase.--The Secretary shall 
                develop an intermediate development phase to implement 
                the Integrated Plan that, subject to authorization and 
                appropriation, would commence not later than 10 years 
                after the date of enactment of this section.
                    ``(C) Final phase.--The Secretary shall develop a 
                final development phase to implement the Integrated 
                Plan that, subject to authorization and appropriation, 
                would commence not later than 20 years after the date 
                of enactment of this section.
            ``(4) Contingencies.--The implementation by the Secretary 
        of projects and activities identified for implementation under 
        the Integrated Plan shall be--
                    ``(A) subject to authorization and appropriation;
                    ``(B) contingent on the completion of applicable 
                feasibility studies, environmental reviews, and cost-
                benefit analyses that include favorable recommendations 
                for further project development;
                    ``(C) implemented on public review and a 
                determination by the Secretary that design, 
                construction, and operation of a proposed project or 
                activity is in the best interest of the public; and
                    ``(D) in compliance with all applicable laws, 
                including the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) and the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.).
            ``(5) Progress report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this section, the Secretary, in 
                conjunction with the State of Washington and in 
                consultation with the Yakama Nation, shall submit to 
                the Committee on Energy and Natural Resources of the 
                Senate and the Committee on Natural Resources of the 
                House of Representatives a progress report on the 
                development and implementation of the Integrated Plan.
                    ``(B) Requirements.--The progress report under this 
                paragraph shall--
                            ``(i) provide a review and reassessment, if 
                        needed, of the objectives of the Integrated 
                        Plan, as applied to all elements of the 
                        Integrated Plan;
                            ``(ii) assess, through performance metrics 
                        developed at the initiation of, and measured 
                        throughout the implementation of, the 
                        Integrated Plan, the degree to which the 
                        implementation of the initial development phase 
                        addresses the objectives and all elements of 
                        the Integrated Plan;
                            ``(iii) identify the amount of Federal 
                        funding and non-Federal contributions received 
                        and expended during the period covered by the 
                        report;
                            ``(iv) describe the pace of project 
                        development during the period covered by the 
                        report;
                            ``(v) identify additional projects and 
                        activities proposed for inclusion in any future 
                        phase of the Integrated Plan to address the 
                        objectives of the Integrated Plan, as applied 
                        to all elements of the Integrated Plan; and
                            ``(vi) for water supply projects--
                                    ``(I) provide a preliminary 
                                discussion of the means by which--
                                            ``(aa) water and costs 
                                        associated with each 
                                        recommended project would be 
                                        allocated among authorized 
                                        uses; and
                                            ``(bb) those allocations 
                                        would be consistent with the 
                                        objectives of the Integrated 
                                        Plan; and
                                    ``(II) establish a plan for 
                                soliciting and formalizing 
                                subscriptions among individuals and 
                                entities for participation in any of 
                                the recommended water supply projects 
                                that will establish the terms for 
                                participation, including fiscal 
                                obligations associated with 
                                subscription.
    ``(b) Financing, Construction, Operation, and Maintenance of 
Kachess Drought Relief Pumping Plant and K to K Pipeline.--
            ``(1) Agreements.--Long-term agreements negotiated between 
        the Secretary and participating proratable irrigation entities 
        in the Yakima Basin for the non-Federal financing, 
        construction, operation, and maintenance of the Drought Relief 
        Pumping Plant and K to K Pipeline shall include provisions 
        regarding--
                    ``(A) responsibilities of the participating 
                proratable irrigation entities for the planning, 
                design, and construction of infrastructure in 
                consultation and coordination with the Secretary;
                    ``(B) property titles and responsibilities of the 
                participating proratable irrigation entities for the 
                maintenance of and liability for all infrastructure 
                constructed under this title;
                    ``(C) operation and integration of the projects by 
                the Secretary in the operation of the Yakima Project;
                    ``(D) costs associated with the design, financing, 
                construction, operation, maintenance, and mitigation of 
                projects, with the costs of Federal oversight and 
                review to be nonreimbursable to the participating 
                proratable irrigation entities and the Yakima Project; 
                and
                    ``(E) responsibilities for the pumping and 
                operational costs necessary to provide the total water 
                supply available made inaccessible due to drought 
                pumping during the preceding 1 or more calendar years, 
                in the event that the Kachess Reservoir fails to refill 
                as a result of pumping drought storage water during the 
                preceding 1 or more calendar years, which shall remain 
                the responsibility of the participating proratable 
                irrigation entities.
            ``(2) Use of kachess reservoir stored water.--
                    ``(A) In general.--The additional stored water made 
                available by the construction of facilities to access 
                and deliver inactive storage in Kachess Reservoir under 
                subsection (a)(2)(A)(ii)(I) shall--
                            ``(i) be considered to be Yakima Project 
                        water;
                            ``(ii) not be part of the total water 
                        supply available, as that term is defined in 
                        various court rulings; and
                            ``(iii) be used exclusively by the 
                        Secretary--
                                    ``(I) to enhance the water supply 
                                in years when the total water supply 
                                available is not sufficient to provide 
                                70 percent of proratable entitlements 
                                in order to make that additional water 
                                available up to 70 percent of 
                                proratable entitlements to the Kittitas 
                                Reclamation District, the Roza 
                                Irrigation District, or other 
                                proratable irrigation entities 
                                participating in the construction, 
                                operation, and maintenance costs of the 
                                facilities under this title under such 
                                terms and conditions to which the 
                                districts may agree, subject to the 
                                conditions that--
                                            ``(aa) the Bureau of Indian 
                                        Affairs, the Wapato Irrigation 
                                        Project, and the Yakama Nation, 
                                        on an election to participate, 
                                        may also obtain water from 
                                        Kachess Reservoir inactive 
                                        storage to enhance applicable 
                                        existing irrigation water 
                                        supply in accordance with such 
                                        terms and conditions to which 
                                        the Bureau of Indian Affairs 
                                        and the Yakama Nation may 
                                        agree; and
                                            ``(bb) the additional 
                                        supply made available under 
                                        this clause shall be available 
                                        to participating individuals 
                                        and entities in proportion to 
                                        the proratable entitlements of 
                                        the participating individuals 
                                        and entities, or in such other 
                                        proportion as the participating 
                                        entities may agree; and
                                    ``(II) to facilitate reservoir 
                                operations in the reach of the Yakima 
                                River between Keechelus Dam and Easton 
                                Dam for the propagation of anadromous 
                                fish.
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph affects (as in existence on the date of 
                enactment of this section) any contract, law (including 
                regulations) relating to repayment costs, water right, 
                or Yakama Nation treaty right.
            ``(3) Commencement.--The Secretary shall not commence 
        entering into agreements pursuant to subsection (a)(2)(A)(ii) 
        or subsection (b)(1) or implementing any activities pursuant to 
        the agreements before the date on which--
                    ``(A) all applicable and required feasibility 
                studies, environmental reviews, and cost-benefit 
                analyses have been completed and include favorable 
                recommendations for further project development, 
                including an analysis of--
                            ``(i) the impacts of the agreements and 
                        activities conducted pursuant to subsection 
                        (a)(2)(A)(ii) on adjacent communities, 
                        including potential fire hazards, water access 
                        for fire districts, community and homeowner 
                        wells, future water levels based on projected 
                        usage, recreational values, and property 
                        values; and
                            ``(ii) specific options and measures for 
                        mitigating the impacts, as appropriate;
                    ``(B) the Secretary has made the agreements and any 
                applicable project designs, operations plans, and other 
                documents available for public review and comment in 
                the Federal Register for a period of not less than 60 
                days; and
                    ``(C) the Secretary has made a determination, 
                consistent with applicable law, that the agreements and 
                activities to which the agreements relate--
                            ``(i) are in the public interest; and
                            ``(ii) could be implemented without 
                        significant adverse impacts to the environment.
            ``(4) Electrical power associated with kachess drought 
        relief pumping plant.--
                    ``(A) In general.--The Administrator of the 
                Bonneville Power Administration, pursuant to the 
                Pacific Northwest Electric Power Planning and 
                Conservation Act (16 U.S.C. 839 et seq.), shall provide 
                to the Secretary project power to operate the Kachess 
                Pumping Plant constructed under this title if inactive 
                storage in Kachess Reservoir is needed to provide 
                drought relief for irrigation, subject to the 
                requirements of subparagraphs (B) and (C).
                    ``(B) Determination.--Power may be provided under 
                subparagraph (A) only if--
                            ``(i) there is in effect a drought 
                        declaration issued by the State of Washington;
                            ``(ii) there are conditions that have led 
                        to 70 percent or less water delivery to 
                        proratable irrigation districts, as determined 
                        by the Secretary; and
                            ``(iii) the Secretary determines that it is 
                        appropriate to provide power under that 
                        subparagraph.
                    ``(C) Period of availability.--Power under 
                subparagraph (A) shall be provided until the date on 
                which the Secretary determines that power should no 
                longer be provided under that subparagraph, but for not 
                more than a 1-year period or the period during which 
                the Secretary determines that drought mitigation 
                measures are necessary in the Yakima River basin.
                    ``(D) Rate.--The Administrator of the Bonneville 
                Power Administration shall provide power under 
                subparagraph (A) at the then-applicable lowest 
                Bonneville Power Administration rate for public body, 
                cooperative, and Federal agency customers firm 
                obligations, which as of the date of enactment of this 
                section is the priority firm Tier 1 rate, and shall not 
                include any irrigation discount.
                    ``(E) Local provider.--During any period in which 
                power is not being provided under subparagraph (A), the 
                power needed to operate the Kachess Pumping Plant shall 
                be obtained by the Secretary from a local provider.
                    ``(F) Costs.--The cost of power for such pumping, 
                station service power, and all costs of transmitting 
                power from the Federal Columbia River Power System to 
                the Yakima Enhancement Project pumping facilities shall 
                be borne by irrigation districts receiving the benefits 
                of that water.
                    ``(G) Duties of commissioner.--The Commissioner of 
                Reclamation shall be responsible for arranging 
                transmission for deliveries of Federal power over the 
                Bonneville system through applicable tariff and 
                business practice processes of the Bonneville system 
                and for arranging transmission for deliveries of power 
                obtained from a local provider.
    ``(c) Design and Use of Groundwater Recharge Projects.--
            ``(1) In general.--Any water supply that results from an 
        aquifer storage and recovery project shall not be considered to 
        be a part of the total water supply available if--
                    ``(A) the water for the aquifer storage and 
                recovery project would not be available for use, but 
                instead for the development of the project;
                    ``(B) the aquifer storage and recovery project will 
                not otherwise impair any water supply available for any 
                individual or entity entitled to use the total water 
                supply available; and
                    ``(C) the development of the aquifer storage and 
                recovery project will not impair fish or other aquatic 
                life in any localized stream reach.
            ``(2) Project types.--The Secretary may provide technical 
        assistance for, and participate in, any of the following 3 
        types of groundwater recharge projects (including the 
        incorporation of groundwater recharge projects into Yakima 
        Project operations, as appropriate):
                    ``(A) Aquifer recharge projects designed to 
                redistribute Yakima Project water within a water year 
                for the purposes of supplementing stream flow during 
                the irrigation season, particularly during storage 
                control, subject to the condition that if such a 
                project is designed to supplement a mainstem reach, the 
                water supply that results from the project shall be 
                credited to instream flow targets, in lieu of using the 
                total water supply available to meet those targets.
                    ``(B) Aquifer storage and recovery projects that 
                are designed, within a given water year or over 
                multiple water years--
                            ``(i) to supplement or mitigate for 
                        municipal uses;
                            ``(ii) to supplement municipal supply in a 
                        subsurface aquifer; or
                            ``(iii) to mitigate the effect of 
                        groundwater use on instream flow or senior 
                        water rights.
                    ``(C) Aquifer storage and recovery projects 
                designed to supplement existing irrigation water 
                supply, or to store water in subsurface aquifers, for 
                use by the Kittitas Reclamation District, the Roza 
                Irrigation District, or any other proratable irrigation 
                entity participating in the repayment of the 
                construction, operation, and maintenance costs of the 
                facilities under this section during years in which the 
                total water supply available is insufficient to provide 
                to those proratable irrigation entities all water to 
                which the entities are entitled, subject to the 
                conditions that--
                            ``(i) the Bureau of Indian Affairs, the 
                        Wapato Irrigation Project, and the Yakama 
                        Nation, on an election to participate, may also 
                        obtain water from aquifer storage to enhance 
                        applicable existing irrigation water supply in 
                        accordance with such terms and conditions to 
                        which the Bureau of Indian Affairs and the 
                        Yakama Nation may agree; and
                            ``(ii) nothing in this subparagraph affects 
                        (as in existence on the date of enactment of 
                        this section) any contract, law (including 
                        regulations) relating to repayment costs, water 
                        right, or Yakama Nation treaty right.
    ``(d) Federal Cost-Share.--
            ``(1) In general.--The Federal cost-share of a project 
        carried out under this section shall be determined in 
        accordance with the applicable laws (including regulations) and 
        policies of the Bureau of Reclamation.
            ``(2) Initial phase.--The Federal cost-share for the 
        initial development phase of the Integrated Plan shall not 
        exceed 50 percent of the total cost of the initial development 
        phase.
            ``(3) State and other contributions.--The Secretary may 
        accept as part of the non-Federal cost-share of a project 
        carried out under this section, and expend as if appropriated, 
        any contribution (including in-kind services) by the State of 
        Washington or any other individual or entity that the Secretary 
        determines will enhance the conduct and completion of the 
        project.
            ``(4) Limitation on use of other federal funds.--Except as 
        otherwise provided in this title, other Federal funds may not 
        be used to provide the non-Federal cost-share of a project 
        carried out under this section.
    ``(e) Savings and Contingencies.--Nothing in this section shall--
            ``(1) be a new or supplemental benefit for purposes of the 
        Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
            ``(2) affect any contract in existence on the date of 
        enactment of this section that was executed pursuant to the 
        reclamation laws;
            ``(3) affect any contract or agreement between the Bureau 
        of Indian Affairs and the Bureau of Reclamation;
            ``(4) affect, waive, abrogate, diminish, define, or 
        interpret the treaty between the Yakama Nation and the United 
        States; or
            ``(5) constrain the continued authority of the Secretary to 
        provide fish passage in the Yakima Basin in accordance with the 
        Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).

``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.

    ``The Secretary shall retain authority and discretion over the 
management of project supplies to optimize operational use and 
flexibility to ensure compliance with all applicable Federal and State 
laws, treaty rights of the Yakama Nation, and legal obligations, 
including those contained in this Act. That authority and discretion 
includes the ability of the United States to store, deliver, conserve, 
and reuse water supplies deriving from projects authorized under this 
title.''.
                                                       Calendar No. 143

115th CONGRESS

  1st Session

                                 S. 714

                          [Report No. 115-107]

_______________________________________________________________________

                                 A BILL

To amend Public Law 103-434 to authorize Phase III of the Yakima River 
  Basin Water Enhancement Project for the purpose of improving water 
     management in the Yakima River basin, and for other purposes.

_______________________________________________________________________

                             June 13, 2017

                       Reported without amendment
```