I 

108TH CONGRESS 

2D SESSION H. R. 3747

To authorize the Bureau of Reclamation to participate in the rehabilitation 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2004

Mr. WALDEN of Oregon introduced the following bill; which was referred to 

the Committee on 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 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSOCIATED DITCH COMPANIES, INCOR9 PORATED.—The term ‘‘Associated Ditch Companies, 

10 Incorporated’’ means the non-profit corporation by 
2

•HR 3747 IH 

1 that name (as established under the laws of the 

2 State of Oregon) that operates Wallowa Lake Dam. 

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

4 the Secretary of the Interior, acting through the 

5 Commissioner of Reclamation. 

6 (3) WALLOWA LAKE DAM REHABILITATION

7 PROGRAM.—The term ‘‘Wallowa Lake Dam Reha8 bilitation Program’’ means the program for the re9 habilitation of the Wallowa Lake Dam in Oregon, as 

10 contained in the engineering document entitled, 

11 ‘‘Phase I Dam Assessment and Preliminary Engi12 neering Design’’, dated October 2001, and on file 

13 with the Bureau of Reclamation. 

14 (4) WALLOWA VALLEY WATER MANAGEMENT

15 PLAN.—The term ‘‘Wallowa Valley Water Manage16 ment Plan’’ means the program developed for the 

17 Wallowa River watershed, as contained in the docu18 ment entitled ‘‘Wallowa Lake Dam Rehabilitation 

19 and Water Management Plan Vision Statement’’, 

20 dated February 2001, and on file with the Bureau 

21 of Reclamation. 

22 SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM. 

23 (a) AUTHORIZATION.—The Secretary—

24 (1) may provide funding to the Associated 

25 Ditch Companies, Incorporated, in order for the As-
3

•HR 3747 IH 

1 sociated Ditch Companies, Incorporated, to plan, de2 sign and construct facilities needed to implement the 

3 Wallowa Lake Dam Rehabilitation Program; and 

4 (2) in cooperation with tribal, State and local 

5 governmental entities, may participate in planning, 

6 design and construction of facilities needed to imple7 ment the Wallowa Valley Water Management Plan. 

8 (b) COST SHARING.—

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

10 costs of activities authorized under this Act shall not 

11 exceed 80 percent. 

12 (2) EXCLUSIONS FROM FEDERAL SHARE.—

13 There shall not be credited against the Federal 

14 share of such costs—

15 (A) any expenditure by the Bonneville 

16 Power Administration in the Wallowa River wa17 tershed; and 

18 (B) expenditures made by individual farm19 ers in any Federal farm or conservation pro20 gram. 

21 (c) COMPLIANCE WITH STATE LAW.—The Secretary, 

22 in carrying out this Act, shall comply with otherwise appli23 cable State water law. 
4

•HR 3747 IH 

1 (d) PROHIBITION ON HOLDING TITLE.—The Federal 

2 Government shall not hold title to any facility rehabilitated 

3 or constructed under this Act. 

4 (e) PROHIBITION ON OPERATION AND MAINTE5 NANCE.—The Federal Government shall not be respon6 sible for the operation and maintenance of any facility con7 structed or rehabilitated under this Act. 

8 (f) OWNERSHIP AND OPERATION OF FISH PASSAGE

9 FACILITY.—Any facility located at Wallowa Lake Dam for 

10 trapping and transportation of migratory adult salmon 

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

12 SEC. 4. RELATIONSHIP TO OTHER LAW. 

13 Activities funded under this Act shall not be consid14 ered a supplemental or additional benefit under the Act 

15 of June 17, 1902 (32 Stat. 388), and all Acts amendatory 

16 thereof or supplementary thereto. 

17 SEC. 5. APPROPRIATIONS. 

18 There is authorized to be appropriated to the Sec19 retary $32,000,000 for the Federal share of the costs of 

20 activities authorized under this Act.

Æ