109TH CONGRESS

1ST SESSION S. 231

AN ACT

To authorize the Bureau of Reclamation to participate in

the rehabilitation of the Wallowa Lake Dam in Oregon,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Wallowa Lake Dam

5 Rehabilitation and Water Management Act of 2005’’.
 †

2

S 231 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ASSOCIATED DITCH COMPANIES, INCOR4 PORATED.—The term ‘‘Associated Ditch Companies,

5 Incorporated’’ means the nonprofit corporation es6 tablished under the laws of the State of Oregon that

7 operates Wallowa Lake Dam.

8 (2) PHASE II AND PHASE III OF THE WALLOWA

9 VALLEY WATER MANAGEMENT PLAN.—The term

10 ‘‘Phase II and Phase III of the Wallowa Valley

11 Water Management Plan’’ means the Phase II pro12 gram for fish passage improvements and water con13 servation measures, and the Phase III program for

14 implementation of water exchange infrastructure, de15 veloped for the Wallowa River watershed, as con16 tained in the document entitled ‘‘Wallowa Lake Dam

17 Rehabilitation and Water Management Plan Vision

18 Statement’’, dated February 2001, and on file with

19 the Bureau of Reclamation.

20 (3) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior, acting through the

22 Commissioner of Reclamation.

23 (4) WALLOWA LAKE DAM REHABILITATION

24 PROGRAM.—The term ‘‘Wallowa Lake Dam Reha25 bilitation Program’’ means the program for the re26 habilitation of the Wallowa Lake Dam in Oregon, as
†

3

S 231 ES

1 contained in the engineering document entitled,

2 ‘‘Phase I Dam Assessment and Preliminary Engi3 neering Design’’, dated December 2002, and on file

4 with the Bureau of Reclamation.

5 SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

6 (a) GRANTS AND COOPERATIVE AGREEMENTS.—The

7 Secretary may provide grants to, or enter into cooperative

8 or other agreements with, tribal, State, and local govern9 mental entities and the Associated Ditch Companies, In10 corporated, to plan, design, and construct facilities needed

11 to implement the Wallowa Lake Dam Rehabilitation Pro12 gram and Phase II and Phase III of the Wallowa Valley

13 Water Management Plan.

14 (b) CONDITIONS.—As a condition of providing funds

15 under subsection (a), the Secretary shall ensure that—

16 (1) the Wallowa Lake Dam Rehabilitation Pro17 gram meets the standards of the dam safety pro18 gram of the State of Oregon;

19 (2) the Associated Ditch Companies, Incor20 porated, agrees to assume liability for any work per21 formed, or supervised, with funds provided to it

22 under this Act; and

23 (3) the United States shall not be liable for

24 damages of any kind arising out of any act, omis-
†

4

S 231 ES

1 sion, or occurrence relating to a facility rehabilitated

2 or constructed under this Act.

3 (c) COST SHARING.—

4 (1) IN GENERAL.—The Federal share of the

5 costs of activities authorized under this Act shall not

6 exceed 80 percent.

7 (2) EXCLUSIONS FROM FEDERAL SHARE.—

8 There shall not be credited against the Federal

9 share of such costs—

10 (A) any expenditure by the Bonneville

11 Power Administration in the Wallowa River wa12 tershed; and

13 (B) expenditures made by individual agri14 cultural producers in any Federal commodity or

15 conservation program.

16 (d) COMPLIANCE WITH STATE LAW.—In carrying

17 out this Act, the Secretary shall comply with otherwise

18 applicable State water law.

19 (e) PROHIBITION ON HOLDING TITLE.—The Federal

20 Government shall not hold title to any facility rehabilitated

21 or constructed under this Act.

22 (f) PROHIBITION ON OPERATION AND MAINTE23 NANCE.—The Federal Government shall not be respon24 sible for the operation and maintenance of any facility con25 structed or rehabilitated under this Act.
†

5

S 231 ES

1 (g) OWNERSHIP AND OPERATION OF FISH PASSAGE

2 FACILITY.—Any facility constructed using Federal funds

3 authorized by this Act located at Wallowa Lake Dam for

4 trapping and transportation of migratory adult salmon

5 may be owned and operated only by the Nez Perce Tribe.

6 SEC. 4. RELATIONSHIP TO OTHER LAW.

7 An activity funded under this Act shall not be consid8 ered a supplemental or additional benefit under Federal

9 reclamation law (the Act of June 17, 1902 (32 Stat. 388,

10 chapter 1093), and Acts supplemental to and amendatory

11 of that Act (43 U.S.C. 371 et seq.)).

12 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated to the Sec14 retary to the pay the Federal share of the costs of activi15 ties authorized under this Act $25,600,000.

Passed the Senate July 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 231

AN ACT

To authorize the Bureau of Reclamation to particiDam in Oregon, and for other purposes. pate in the rehabilitation of the Wallowa Lake