II 

109TH CONGRESS 

1ST SESSION S. 231 

To authorize the Bureau of Reclamation to participate in the rehabilitation 

of the Wallowa Lake Dam in Oregon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSOCIATED DITCH COMPANIES, INCOR9 PORATED.—The term ‘‘Associated Ditch Companies, 
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1 Incorporated’’ means the nonprofit corporation es2 tablished under the laws of the State of Oregon that 

3 operates Wallowa Lake Dam. 

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

5 VALLEY WATER MANAGEMENT PLAN.—The term 

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

7 Water Management Plan’’ means the Phase II pro8 gram for fish passage improvements and water con9 servation measures, and the Phase III program for 

10 implementation of water exchange infrastructure, de11 veloped for the Wallowa River watershed, as con12 tained in the document entitled ‘‘Wallowa Lake Dam 

13 Rehabilitation and Water Management Plan Vision 

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

15 the Bureau of Reclamation. 

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

17 the Secretary of the Interior, acting through the 

18 Commissioner of Reclamation. 

19 (4) WALLOWA LAKE DAM REHABILITATION

20 PROGRAM.—The term ‘‘Wallowa Lake Dam Reha21 bilitation Program’’ means the program for the re22 habilitation of the Wallowa Lake Dam in Oregon, as 

23 contained in the engineering document entitled, 

24 ‘‘Phase I Dam Assessment and Preliminary Engi-
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1 neering Design’’, dated December 2002, and on file 

2 with the Bureau of Reclamation. 

3 SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM. 

4 (a) GRANTS AND COOPERATIVE AGREEMENTS.—The 

5 Secretary may provide grants to, or enter into cooperative 

6 or other agreements with, tribal, State, and local govern7 mental entities and the Associated Ditch Companies, In8 corporated, to plan, design, and construct facilities needed 

9 to implement the Wallowa Lake Dam Rehabilitation Pro10 gram and Phase II and Phase III of the Wallowa Valley 

11 Water Management Plan. 

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

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

14 (1) the Wallowa Lake Dam Rehabilitation Pro15 gram meets the standards of the dam safety pro16 gram of the State of Oregon; 

17 (2) the Associated Ditch Companies, Incor18 porated, agrees to assume liability for any work per19 formed, or supervised, with funds provided to it 

20 under this Act; and 

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

22 damages of any kind arising out of any act, omis23 sion, or occurrence relating to a facility rehabilitated 

24 or constructed under this Act. 

25 (c) COST SHARING.— 
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1 (1) IN GENERAL.—The Federal share of the 

2 costs of activities authorized under this Act shall not 

3 exceed 80 percent. 

4 (2) EXCLUSIONS FROM FEDERAL SHARE.— 

5 There shall not be credited against the Federal 

6 share of such costs— 

7 (A) any expenditure by the Bonneville 

8 Power Administration in the Wallowa River wa9 tershed; and 

10 (B) expenditures made by individual agri11 cultural producers in any Federal commodity or 

12 conservation program. 

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

14 out this Act, the Secretary shall comply with otherwise 

15 applicable State water law. 

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

17 Government shall not hold title to any facility rehabilitated 

18 or constructed under this Act. 

19 (f) PROHIBITION ON OPERATION AND MAINTE20 NANCE.—The Federal Government shall not be respon21 sible for the operation and maintenance of any facility con22 structed or rehabilitated under this Act. 

23 (g) OWNERSHIP AND OPERATION OF FISH PASSAGE

24 FACILITY.—Any facility constructed using Federal funds 

25 authorized by this Act located at Wallowa Lake Dam for 
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1 trapping and transportation of migratory adult salmon 

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

3 SEC. 4. RELATIONSHIP TO OTHER LAW. 

4 An activity funded under this Act shall not be consid5 ered a supplemental or additional benefit under Federal 

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

7 chapter 1093), and Acts supplemental to and amendatory 

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

9 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated to the Sec11 retary to the pay the Federal share of the costs of activi12 ties authorized under this Act $25,600,000. 

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