S. 1146

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To provide for the settlement of the water rights claims of the Yavapai-Prescott

Indian Tribe in Yavapai County, Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—YAVAPAI-PRESCOTT INDIAN

TRIBE WATER RIGHTS SETTLEMENT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Yavapai-Prescott Indian Tribe

Water Rights Settlement Act of 1994’’.

SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS.

(a) FINDINGS.—The Congress finds that—

(1) it is the policy of the United States, in fulfillment

of its trust responsibility to the Indian tribes, to promote Indian

self-determination and economic self-sufficiency, and to settle,

wherever possible, the water rights claims of Indian tribes

without lengthy and costly litigation;

(2) meaningful Indian self-determination and economic selfsufficiency depend on the development of viable Indian reservation economies;

(3) quantification of rights to water and development of

facilities needed to utilize tribal water supplies effectively is

essential to the development of viable Indian reservation economies, particularly in arid western States;

(4) on June 7, 1935, and by actions subsequent thereto,

the United States established a reservation for the YavapaiPrescott Indian Tribe in Arizona adjacent to the city of Prescott;

(5) proceedings to determine the full extent of YavapaiPrescott Tribe’s water rights are currently pending before the

Superior Court of the State of Arizona in and for Maricopa

County, as part of the general adjudication of the Gila River

system and source;

(6) recognizing that final resolution of the general adjudication will take many years and entail great expense to all

parties, prolong uncertainty as to the full extent of the YavapaiPrescott Tribe’s entitlement to water and the availability of

water supplies to fulfill that entitlement, and impair orderly

planning and development by the Tribe and the city of Prescott;

the Tribe, the city of Prescott, the Chino Valley Irrigation
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District, the State of Arizona and the United States have sought

to settle all claims to water between and among them;

(7) representatives of the Yavapai-Prescott Tribe, the city

of Prescott, the Chino Valley Irrigation District, the State of

Arizona and the United States have negotiated a Settlement

Agreement to resolve all water rights claims between and

among them, and to provide the Tribe with long term, reliable

water supplies for the orderly development and maintenance

of the Tribe’s reservation;

(8) pursuant to the Settlement Agreement and the Water

Service Agreement, the quantity of water made available to

the Yavapai-Prescott Tribe by the city of Prescott and the

Chino Valley Irrigation District will be secured, such Agreements will be continued in perpetuity, and the Tribe’s continued

on-reservation use of water for municipal and industrial, recreational and agricultural purposes will be provided for;

(9) to advance the goals of Federal Indian policy and to

fulfill the trust responsibility of the United States to the Tribe,

it is appropriate that the United States participate in the

implementation of the Settlement Agreement and assist in

firming up the long-term water supplies of the city of Prescott

and the Yavapai-Prescott Tribe so as to enable the Tribe to

utilize fully its water entitlements in developing a diverse,

efficient reservation economy; and

(10) the assignment of the CAP contract of the YavapaiPrescott Tribe and the CAP subcontract of the city of Prescott

is a cost-effective means to ensure reliable, long-term water

supplies for the Yavapai-Prescott Tribe and to promote efficient,

environmentally sound use of available water supplies in the

Verde River basin.

(b) DECLARATION OF PURPOSES.—The Congress declares that

the purposes of this title are—

(1) to approve, ratify and confirm the Settlement Agreement among the Yavapai-Prescott Tribe, the city of Prescott,

the Chino Valley Irrigation District, the State of Arizona and

the United States;

(2) to authorize and direct the Secretary of the Interior

to execute and perform the Settlement Agreement; (3) to authorize the actions and appropriations necessary

for the United States to fulfill its legal and trust obligations

to the Yavapai-Prescott Tribe as provided in the Settlement

Agreement and this title; (4) to require that expenditures of funds obtained through

the assignment of CAP contract entitlements by the YavapaiPrescott Tribe and Prescott for the acquisition or development

of replacement water supplies in the Verde River basin shall

not be inconsistent with the goals of the Prescott Active

Management Area, preservation of riparian habitat, flows and

biota of the Verde River and its tributaries; and

(5) to repeal section 406(k) of Public Law 101–628 which

authorizes $30,000,000 in appropriations for the acquisition

of land and water resources in the Verde River basin and

for the development thereof as an alternative source of water

for the Fort McDowell Indian Community.

SEC. 103. DEFINITIONS.

For purposes of this title:
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(1) The term ‘‘CAP’’ means the Central Arizona Project, a reclamation project authorized under title III of the Colorado

River Basin Project Act of 1968 (43 U.S.C. 1521 et seq.). (2) The term ‘‘CAWCD’’ means the Central Arizona Water

Conservation District, organized under the laws of the State

of Arizona, which is the contractor under a contract with the

United States, dated December 1, 1988, for the delivery of

water and repayment of costs of the Central Arizona Project. (3) The term ‘‘CVID’’ means the Chino Valley Irrigation District, an irrigation district organized under the laws of the

State of Arizona.

(4) The term ‘‘Prescott AMA’’ means the Active Manage- ment Area, established pursuant to Arizona law and

encompassing the Prescott ground water basin, wherein the

primary goal is to achieve balance between annual ground

water withdrawals and natural and artificial recharge by the

year 2025. (5) The term ‘‘Prescott’’ means the city of Prescott, an Arizona municipal corporation. (6) The term ‘‘Reservation’’ means the reservation established by the Act of June 7, 1935 (49 Stat. 332) and the

Act of May 18, 1956 (70 Stat. 157) for the Yavapai-Prescott

Tribe of Indians.

(7) The term ‘‘Secretary’’ means the Secretary of the United States Department of the Interior. (8) The term ‘‘Settlement Agreement’’ means that agree- ment entered into by the city of Prescott, the Chino Valley

Irrigation District, the Yavapai-Prescott Indian Tribe, the State

of Arizona, and the United States, providing for the settlement

of all water claims between and among them. (9) The term ‘‘Tribe’’ means the Yavapai-Prescott Indian

Tribe, a tribe of Yavapai Indians duly recognized by the Secretary. (10) The term ‘‘Water Service Agreement’’ means that agreement between the Yavapai-Prescott Indian Tribe and the

city of Prescott, as approved by the Secretary, providing for

water, sewer, and effluent service from the city of Prescott

to the Yavapai-Prescott Tribe.

SEC. 104. RATIFICATION OF SETTLEMENT AGREEMENT.

(a) APPROVAL OF SETTLEMENT AGREEMENT.—To the extent the

Settlement Agreement does not conflict with the provisions of this

title, such Agreement is approved, ratified and confirmed. The

Secretary shall execute and perform such Agreement, and shall

execute any amendments to the Agreement and perform any action

required by any amendments to the Agreement which may be

mutually agreed upon by the parties.

(b) PERPETUITY.—The Settlement Agreement and Water Service

Agreement shall include provisions which will ensure that the benefits to the Tribe thereunder shall be secure in perpetuity. Notwithstanding the provisions of section 2103 of the Revised Statutes

of the United States (25 U.S.C. 81) relating to the term of the

Agreement, the Secretary is authorized and directed to approve

the Water Service Agreement with a perpetual term.

SEC. 105. ASSIGNMENT OF CAP WATER.

The Secretary is authorized and directed to arrange for the

assignment of, or to purchase, the CAP contract of the Tribe and
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the CAP subcontract of the city of Prescott to provide funds for

deposit into the Verde River Basin Water Fund established pursuant to section 106.

SEC. 106. REPLACEMENT WATER FUND; CONTRACTS.

(a) FUND.—The Secretary shall establish a fund to be known

as the ‘‘Verde River Basin Water Fund’’ (hereinafter called the

‘‘Fund’’) to provide replacement water for the CAP water relinquished by the Tribe and by Prescott. Moneys in the Fund shall

be available without fiscal year limitations.

(b) CONTENT OF FUND.—The Fund shall consist of moneys

obtained through the assignment or purchase of the contract and

subcontract referenced in section 105, appropriations as authorized

in section 109, and any moneys returned to the Fund pursuant

to subsection (d) of this section.

(c) PAYMENTS FROM FUND.—The Secretary shall, subsequent

to the publication of a statement of findings as provided in section

112(a), promptly cause to be paid from the Fund to the Tribe

the amounts deposited to the Fund from the assignment or purchase

of the Tribe’s CAP contract, and, to the city of Prescott, the amounts

deposited to the Fund from the assignment or purchase of the

city’s CAP subcontract.

(d) CONTRACTS.—The Secretary shall require, as a condition

precedent to the payment of any moneys pursuant to subsection

(c), that the Tribe and Prescott agree, by contract with the Secretary, to establish trust accounts into which the payments would

be deposited and administered, to use such moneys consistent with

the purpose and intent of section 107, to provide for audits of

such accounts, and for the repayment to the Fund, with interest,

any amount determined by the Secretary not to have been used

within the purpose and intent of section 107.

SEC. 107. EXPENDITURES OF FUNDS.

(a) BY THE CITY.—All moneys paid to Prescott for relinquishing

its CAP subcontract and deposited into a trust account pursuant

to section 106(d), shall be used for the purposes of defraying

expenses associated with the investigation, acquisition or development of alternative sources of water to replace the CAP water

relinquished under this title. Alternative sources shall be understood to include, but not be limited to, retirement of agricultural

land and acquisition of associated water rights, development of

ground water resources outside the Prescott Active Management

Area established pursuant to the laws of the State of Arizona,

and artificial recharge; except that none of the moneys paid to

Prescott may be used for construction or renovation of the city’s

existing waterworks or water delivery system.

(b) BY THE TRIBE.—All funds paid to the Tribe for relinquishing

its CAP contract and deposited into a trust account pursuant to

section 106(d), shall be used to defray its water service costs under

the Water Service Agreement or to develop and maintain facilities

for on-reservation water or effluent use.

(c) NO PER CAPITA PAYMENTS.—No amount of the Tribe’s portion of the Fund may be used to make per capita payments to

any member of the Tribe, nor may any amount of any payment

made pursuant to section 106(c) be distributed as a dividend or

per capita payment to any constituent, member, shareholder, director or employee of Prescott.
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(d) DISCLAIMER.—Effective with the payment of funds pursuant to section 106(c), the United States shall not be liable for any

claim or cause of action arising from the use of such funds by

the Tribe or by Prescott.

SEC. 108. ENVIRONMENTAL COMPLIANCE.

The Secretary, the Tribe and Prescott shall comply with all applicable Federal environmental and State environmental and

water laws in developing alternative water sources pursuant to

section 107(a). Development of such alternative water sources shall

not be inconsistent with the goals of the Prescott Active Management Area, preservation of the riparian habitat, flows and biota

of the Verde River and its tributaries.

SEC. 109. APPROPRIATIONS AUTHORIZATION AND REPEAL.

(a) AUTHORIZATION.—There are authorized to be appropriated to the Fund established pursuant to section 106(a): (1) Such sums as may be necessary, but not to exceed $200,000, to the Secretary for the Tribe’s costs associated with

judicial confirmation of the settlement. (2) Such sums as may be necessary to establish, maintain

and operate the gauging station required under section 111(e).

(b) STATE CONTRIBUTION.—The State of Arizona shall contribute

$200,000 to the trust account established by the Tribe pursuant

to the Settlement Agreement and section 106(d) for uses consistent

with section 107(b).

(c) REPEAL.—Subsection 406(k) of the Act of November 28,

1990 (Public Law 101–628; 104 Stat. 4487) is repealed.

SEC. 110. SATISFACTION OF CLAIMS.

(a) WAIVER.—The benefits realized by the Tribe or any of its

members under the Settlement Agreement and this title shall constitute full and complete satisfaction of all claims by the Tribe

and all members’ claims for water rights or injuries to water rights

under Federal and State laws (including claims for water rights

in ground water, surface water and effluent) from time immemorial

to the effective date of this title, and for any and all future claims

of water rights (including claims for water rights in ground water,

surface water, and effluent) from and after the effective date of

this title. Nothing in this title shall be deemed to recognize or

establish any right of a member of the Tribe to water on the

Tribe’s reservation.

(b) WAIVER AND RELEASE.—The Tribe, on behalf of itself and

its members, and the Secretary on behalf of the United States,

are authorized and required, as a condition to the implementation

of this title, to execute a waiver and release, except as provided

in subsection (d) and the Settlement Agreement, of all claims of

water rights or injuries to water rights (including water rights

in ground water, surface water and effluent), from and after the

effective date of this title, which the Tribe and its members may

have, against the United States, the State of Arizona or any agency

or political subdivision thereof, or any other person, corporation,

or municipal corporation, arising under the laws of the United

States or the State of Arizona.

(c) WAIVER BY UNITED STATES.—Except as provided in subsection (d) and the Settlement Agreement, the United States, in

its own right or on behalf of the Tribe, shall not assert any claim

against the State of Arizona or any political subdivision thereof,
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or against any other person, corporation, or municipal corporation,

arising under the laws of the United States or the State of Arizona

based upon water rights or injuries to water rights of the Tribe

and its members or based upon water rights or injuries to water

rights held by the United States on behalf of the Tribe and its

members.

(d) RIGHTS RETAINED.—In the event the waivers of claims

authorized in subsection (b) of this section do not become effective

pursuant to section 112(a), the Tribe, and the United States on

behalf of the Tribe, shall retain the right to assert past and future

water rights claims as to all reservation lands.

(e) JURISDICTION.—The United States District Court for the

District of Arizona shall have original jurisdiction of all actions

arising under this title, the Settlement Agreement and the Water

Service Agreement, including review pursuant to title 9, United

States Code, of any arbitration and award under the Water Service

Agreement.

(f) CLAIMS.—Nothing in this title shall be deemed to prohibit

the Tribe, or the United States on behalf of the Tribe, from asserting

or maintaining any claims for the breach or enforcement of the

Settlement Agreement or the Water Service Agreement.

(g) DISCLAIMER.—Nothing in this title shall affect the water

rights or claims related to any trust allotment located outside

the exterior boundaries of the reservation of any member of the

Tribe.

(h) FULL SATISFACTION OF CLAIMS.—Payments made to Prescott

under this title shall be in full satisfaction for any claim that

Prescott might have against the Secretary or the United States

related to the allocation, reallocation, relinquishment or delivery

of CAP water.

SEC. 111. MISCELLANEOUS PROVISIONS.

(a) JOINING OF PARTIES.—In the event any party to the Settlement Agreement should file a lawsuit in any United States district

court relating only and directly to the interpretation or enforcement

of the Settlement Agreement or this title, naming the United States

of America or the Tribe as parties, authorization is hereby granted

to join the United States of America or the Tribe, or both, in

any such litigation, and any claim by the United States of America

or the Tribe to sovereign immunity from such suit is hereby waived.

In the event Prescott submits a dispute under the Water Service

Agreement to arbitration or seeks review by the United States

District Court for the District of Arizona of an arbitration award

under the Water Service Agreement, any claim by the Tribe to

sovereign immunity from such arbitration or review is hereby

waived.

(b) NO REIMBURSEMENT.—The United States of America shall

make no claims for reimbursement of costs arising out of the

implementation of the Settlement Agreement or this title against

any lands within the Yavapai-Prescott Indian Reservation, and

no assessment shall be made with regard to such costs against

such lands.

(c) WATER MANAGEMENT.—The Tribe shall establish a ground

water management plan for the Reservation which, except to be

consistent with the Water Service Agreement, the Settlement Agreement and this title, will be compatible with the ground water

management plan in effect for the Prescott Active Management
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Area and will include an annual information exchange with the

Arizona Department of Water Resources. In establishing a ground

water management plan pursuant to this section, the Tribe may

enter into a Memorandum of Understanding with the Arizona

Department of Water Resources for consultation. Notwithstanding

any other law, the Tribe may establish a tribal water code, consistent with the above-described water management plan, under which

the Tribe will manage, regulate, and control the water resources

granted it in the Settlement Act, the Settlement Agreement, and

the Water Service Agreement, except that such management, regulation and control shall not authorize any action inconsistent with

the trust ownership of the Tribe’s water resources.

(d) GAUGING STATION.—The Secretary, acting through the

Geological Survey, shall establish, maintain and operate a gauging

station at the State Highway 89 bridge across Granite Creek adjacent to the reservation to assist the Tribe and the CVID in allocating

the surface flows from Granite Creek as provided in the Settlement

Agreement.

SEC. 112. EFFECTIVE DATE.

(a) WAIVERS AND RELEASES.—The waivers and releases required

by section 110(b) of this title shall become effective as of the

date the Secretary causes to be published in the Federal Register

a statement of findings that—

(1)(A) the Secretary has determined that an acceptable

party, or parties, have executed contracts for the assignments

of the Tribe’s CAP contract and the city of Prescott’s CAP

subcontract, and the proceeds from the assignments have been

deposited into the Fund as provided in section 106(d); or

(B) the Secretary has executed contracts for the acquisition

of the Tribe’s CAP contract and the city of Prescott’s CAP

subcontract as provided in section 106(d);

(2) the stipulation which is attached to the Settlement

Agreement as exhibit 9.5, has been approved in substantially

the form of such exhibit no later than December 31, 1995;

(3) the Settlement Agreement has been modified to the

extent it is in conflict with this title and has been executed

by the Secretary; and (4) the State of Arizona has appropriated and deposited

into the Tribe’s trust account $200,000 as required by the

Settlement Agreement.

(b) DEADLINE.—If the actions described in paragraphs (1), (2), (3), and (4) of subsection (a) have not occurred by December 31,

1995, any contract between Prescott and the United States entered

into pursuant to section 106(d) shall not thereafter be effective,

and any funds appropriated by the State of Arizona pursuant to

the Settlement Agreement shall be returned by the Tribe to the

State of Arizona.

SEC. 113. OTHER CLAIMS.

(a) OTHER TRIBES.—Nothing in the Settlement Agreement or

this title shall be construed in any way to quantify or otherwise

adversely affect the land and water rights, claims or entitlements

to water of any Arizona Indian tribe, band or community, other

than the Tribe.

(b) FEDERAL AGENCIES.—Nothing in this title shall be construed

to affect the water rights or the water rights claims of any Federal
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agency, other than the Bureau of Indian Affairs on behalf of the

Tribe.

TITLE II—AUBURN INDIAN

RESTORATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Auburn Indian Restoration

Act’’.

SEC. 202. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND

PRIVILEGES.

(a) FEDERAL RECOGNITION.—Notwithstanding any other provision of law, Federal recognition is hereby extended to the Tribe.

Except as otherwise provided in this title, all laws and regulations

of general application to Indians or nations, tribes, or bands of

Indians that are not inconsistent with any specific provision of

this title shall be applicable to the Tribe and its members.

(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as provided in subsection (d), all rights and privileges of the Tribe and

its members under any Federal treaty, Executive order, agreement,

or statute, or under any other authority which were diminished

or lost under the Act of August 18, 1958 (Public Law 85–671),

are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of enactment

of this title.

(c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any

other provision of law and without regard to the existence of a

reservation, the Tribe and its members shall be eligible, on and

after the date of enactment of this title, for all Federal services

and benefits furnished to federally recognized Indian tribes or their

members. In the case of Federal services available to members

of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe’s service area shall be

deemed to be residing on a reservation. (d) HUNTING, FISHING, TRAPPING, AND WATER RIGHTS.—Nothing

in this title shall expand, reduce, or affect in any manner any

hunting, fishing, trapping, gathering, or water right of the Tribe

and its members.

(e) INDIAN REORGANIZATION ACT APPLICABILITY.—The Act of

June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the

Tribe and its members.

(f) CERTAIN RIGHTS NOT ALTERED.—Except as specifically provided in this title, nothing in this title shall alter any property

right or obligation, any contractual right or obligation, or any obligation for taxes levied.

SEC. 203. ECONOMIC DEVELOPMENT.

(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Secretary shall—

(1) enter into negotiations with the governing body of the

Tribe with respect to establishing a plan for economic development for the Tribe;

(2) in accordance with this section and not later than

2 years after the adoption of a tribal constitution as provided

in section 107, develop such a plan; and
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(3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress.

(b) RESTRICTIONS.—Any proposed transfer of real property con- tained in the plan developed by the Secretary under subsection

(a) shall be consistent with the requirements of section 104.

SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST.

(a) LANDS TO BE TAKEN IN TRUST.—The Secretary shall accept any real property located in Placer County, California, for the

benefit of the Tribe if conveyed or otherwise transferred to the

Secretary if, at the time of such conveyance or transfer, there

are no adverse legal claims on such property, including outstanding

liens, mortgages, or taxes owed. The Secretary may accept any

additional acreage in the Tribe’s service area pursuant to the

authority of the Secretary under the Act of June 18, 1934 (25

U.S.C. 461 et seq.). (b) FORMER TRUST LANDS OF THE AUBURN RANCHERIA.—Subject to the conditions specified in this section, real property eligible

for trust status under this section shall include fee land held

by the White Oak Ridge Association, Indian owned fee land held

communally pursuant to the distribution plan prepared and

approved by the Bureau of Indian Affairs on August 13, 1959,

and Indian owned fee land held by persons listed as distributees

or dependent members in such distribution plan or such

distributees’ or dependent members’ Indian heirs or successors in

interest.

(c) LANDS TO BE PART OF THE RESERVATION.—Subject to the conditions imposed by this section, any real property conveyed

or transferred under this section shall be taken in the name of

the United States in trust for the Tribe or, as applicable, an individual member of the Tribe, and shall be part of the Tribe’s reservation.

SEC. 205. MEMBERSHIP ROLLS.

(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Within 1 year after the date of the enactment of this title, the Secretary shall,

after consultation with the Tribe, compile a membership roll of

the Tribe.

(b) CRITERIA FOR ENROLLMENTS.—(1) Until a tribal constitution

is adopted pursuant to section 207, an individual shall be placed

on the membership roll if the individual is living, is not an enrolled

member of another federally recognized Indian tribe, is of United

Auburn Indian Community ancestry, possesses at least one-eighth

or more of Indian blood quantum, and if— (A) the individual’s name was listed on the Auburn Indian

Rancheria distribution roll compiled and approved by the

Bureau of Indian Affairs on August 13, 1959, pursuant to

Public Law 85–671;

(B) the individual was not listed on, but met the requirements that had to be met to be listed on, the Auburn Indian

Rancheria distribution list compiled and approved by the

Bureau of Indian Affairs on August 13, 1959, pursuant to

Public Law 85–671; or

(C) the individual is a lineal descendant of an individual,

living or dead, identified in subparagraph (A) or (B).

(2) After adoption of a tribal constitution pursuant to section

207, such tribal constitution shall govern membership in the Tribe,

except that in addition to meeting any other criteria imposed in

such tribal constitution, any person added to the membership roll
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shall be of United Auburn Indian Community ancestry and shall

not be an enrolled member of another federally recognized Indian

tribe.

(c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN COMMUNITY

ANCESTRY.—For the purpose of subsection (b), the Secretary shall

accept any available evidence establishing United Auburn Indian

Community ancestry. The Secretary shall accept as conclusive evidence of United Auburn Indian Community ancestry information

contained in the Auburn Indian Rancheria distribution list compiled

by the Bureau of Indian Affairs on August 13, 1959.

SEC. 206. INTERIM GOVERNMENT.

Until a new tribal constitution and bylaws are adopted and

become effective under section 207, the Tribe’s governing body

shall be an Interim Council. The initial membership of the Interim

Council shall consist of the members of the Executive Council

of the Tribe on the date of the enactment of this title, and the

Interim Council shall continue to operate in the manner prescribed

for the Executive Council under the tribal constitution adopted

July 20, 1991, as long as such constitution is not contrary to

Federal law. Any new members filling vacancies on the Interim

council shall meet the enrollment criteria set forth in section 205(b)

and be elected in the same manner as are Executive Council members under the tribal constitution adopted July 20, 1991.

SEC. 207. TRIBAL CONSTITUTION.

(a) ELECTION; TIME AND PROCEDURE.—Upon the completion

of the tribal membership roll under section 205(a) and upon the

written request of the Interim Council, the Secretary shall conduct,

by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according

to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except

that absentee balloting shall be permitted regardless of voter residence.

(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—Not later

than 120 days after the Tribe adopts a constitution and bylaws

under subsection (a), the Secretary shall conduct an election by

secret ballot for the purpose of electing tribal officials as provided

in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the

extent that such procedures conflict with the tribal constitution.

SEC. 208. DEFINITIONS.

For purposes of this title:

(1) The term ‘‘Tribe’’ means the United Auburn Indian

Community of the Auburn Rancheria of California.

(2) The term ‘‘Secretary’’ means the Secretary of the

Interior.

(3) The term ‘‘Interim Council’’ means the governing body

of the Tribe specified in section 206.

(4) The term ‘‘member’’ means those persons meeting the

enrollment criteria under section 205(b).

(5) The term ‘‘State’’ means the State of California.

(6) The term ‘‘reservation’’ means those lands acquired

and held in trust by the Secretary for the benefit of the Tribe

pursuant to section 204.
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(7) The term ‘‘service area’’ means the counties of Placer,

Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State

of California.

SEC. 209. REGULATIONS.

The Secretary may promulgate such regulations as may be

necessary to carry out the provisions of this title.

TITLE III—CENTRAL UTAH PROJECT

SEC. 301. APPLICATION OF THE WARREN ACT.

(a) AUTHORITY.—The Secretary of the Interior may—

(1) enter into contracts with private entities pursuant to

the Act of February 21, 1911 (commonly known as the ‘‘Warren

Act’’) (36 Stat. 925 et seq., chapter 141; 43 U.S.C. 523 et

seq.), for the impounding, storage, and carriage of nonproject

water for domestic, municipal, fish and wildlife, industrial,

and other beneficial purposes, using any facilities associated

with the Central Utah Project, Utah; and

(2) enter into agreements, under terms and conditions

authorized for contracts under such Act, with appropriate officials of other Federal agencies, municipalities, public water

districts and agencies, and States for impounding, storage, and

carriage of nonproject water for purposes described in paragraph (1) using facilities referred to in such paragraph.

(b) NONPROJECT WATER DEFINED.—In subsection (a), the term

‘‘nonproject water’’ means water that is not from a Federal Reclamation project.

SEC. 302. UTAH RECLAMATION MITIGATION AND CONSERVATION

COMMISSION.

Section 301(d) of Public Law 102–575 (106 Stat. 4626) is amended by adding the following new paragraph at the end:

‘‘(8) Any employee of the District or member of the Board

of Directors of the District may serve as a member of the Commission.’’.

TITLE IV—MOUNTAIN PARK PROJECT

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Mountain Park Project Act

of 1994’’.

SEC. 402. MODIFICATION OF MOUNTAIN PARK PROJECT.

(a) IN GENERAL.—The first section of the Act entitled ‘‘An

Act to authorize the Secretary of the Interior to construct, operate,

and maintain the Mountain Park reclamation project, Oklahoma,

and for other purposes’’ (Public Law 90–503; 82 Stat. 853) is amended by striking out ‘‘and controlling floods.’’ and inserting in lieu

thereof ‘‘controlling floods, and environmental quality activities.

As used in this Act, the term ‘environmental quality activity’ means

any activity that primarily benefits the quality of natural environmental resources.’’.

(b) REALLOCATION OF PROJECT COSTS.—Such Act is further

amended by adding at the end the following new section:
S. 1146—12

‘‘SEC. 7. (a)(1) Not later than 180 days after the date of enactment of the Mountain Park Project Act of 1994, the Secretary

of the Interior (referred to in this section as the ‘Secretary’) shall—

‘‘(A) conduct appropriate investigations to determine

environmental quality activities that could be carried out for

the Mountain Park project; and

‘‘(B) on the basis of the determination made under subparagraph (A), make an appropriate reallocation of the costs of

the project under sections 2 and 3 (referred to in this section

as ‘project costs’) to accommodate the environmental quality

activities that the Secretary authorizes pursuant to this subsection.

‘‘(2) In conducting investigations under this subsection, the

Secretary shall examine the benefits to natural environmental

resources achievable from an environmental quality activity that

requires reallocating water or using facilities or land of the Mountain Park project, including any of the following activities:

‘‘(A) Developing in-stream flows.

‘‘(B) Developing wetland habitat.

‘‘(C) Any other environmental quality activity that the Secretary determines to be appropriate to benefit the overall quality of the environment.

‘‘(b)(1) Upon completion of the investigations under subsection

(a)(2), the Secretary shall carry out the following:

‘‘(A) The preparation of a proposed reallocation of project

costs in conformance with subsection (a)(1)(B).

‘‘(B) Negotiations with the Mountain Park Master Conservancy District (referred to in this section as the ‘District’)

to amend the contract executed by the District pursuant to

this Act to adjust the obligation of the District to repay project

costs, as described in section 2, to reflect the reallocation of

nonreimbursable project costs.

‘‘(2) For the purposes of paragraph (1), project costs associated

with an environmental quality activity specified by the Secretary

pursuant to subsection (a)(2) shall be nonreimbursable project costs.

‘‘(c)(1) Notwithstanding any other provision of this Act, the

Secretary is authorized to accept prepayment of the repayment

obligation of the District for the reimbursable construction costs

of the project allocated to municipal and industrial water supply

for the city of Altus, Oklahoma, the city of Frederick, Oklahoma,

or the city of Snyder, Oklahoma (or any combination thereof),

and, upon receipt of such prepayment, the District’s obligation

to the United States shall be reduced by the amount of such

costs, and any security held therefor, shall be released by the

Secretary.

‘‘(2) Any prepayment made pursuant to subsection (c)(1) shall

realize to the United States an amount calculated by discounting

the remaining repayment obligation by the interest rate determined

in accordance with subsection (d).

‘‘(d)(1) The Secretary of the Treasury shall determine the

interest rate in accordance with the guidelines set forth in Circular

A–129 issued by the Office of Management and Budget and the

Department of Treasury Financial Manual. In determining the

interest rate, the Secretary shall consider the price of the District’s

obligation if it were to be sold on the open market to a third

party.
S. 1146—13

‘‘(2) If the District uses tax-exempt financing to finance a

prepayment under subsection (c)(1), then the interest rate by which

the Secretary discounts the remaining payments due on the District’s obligation shall be adjusted by an amount that compensates

the United States for the direct or indirect loss of future tax

revenues.

‘‘(e) Notwithstanding any payment made by the District pursuant to this section or pursuant to any contract with the Secretary,

title to the project facilities shall remain with the United States.’’.

(c) REPEAL.—Section 3101 of the Reclamation Projects

Authorization and Adjustment Act of 1992 (Public Law 102–575;

106 Stat. 4698) is repealed.

TITLE V—SAN ANGELO FEDERAL

RECLAMATION PROJECT

SEC. 501. INCREASE IN IRRIGABLE ACREAGE.

(a) IN GENERAL.—The first section of the Act entitled ‘‘An

Act to provide for the construction by the Secretary of the Interior

of the San Angelo Federal reclamation project, Texas, and for other

purposes’’, approved August 16, 1957 (71 Stat. 372), is amended

by striking ‘‘ten thousand acres’’ and inserting ‘‘fifteen thousand

acres’’.

(b) AMENDMENT TO CONTRACT.—The Secretary of the Interior

is authorized to amend contract numbered 14–06–500–369 to reflect

the amendment made by subsection (a), except that such amendment shall not be construed to require a change in the proportionate

amount of all remaining payments due and payable to the United

States by Tom Green County Water Control Improvement District

No. 1.

TITLE VI—SHOSHONE FEDERAL

RECLAMATION PROJECT

SEC. 601. CONVEYANCE TO THE BIG HORN COUNTY SCHOOL DISTRICT.

The Secretary of the Interior shall convey, by quit claim deed,

to the Big Horn County School District, Wyoming, all right, title,

and interest of the United States in and to the following described

lands in Big Horn County, Wyoming: Lot 18 of Block 22, Lots

1–6 of Block 25, all of Block 21, and all within the town of Frannie,

Wyoming, in the S1⁄2NW1⁄4NW1⁄4 and N1⁄2SW1⁄4NW1⁄4 of T. 58N.,

R. 97 W., Big Horn County.

TITLE VII—LAKE POWELL

SEC. 701. ELIMINATION OF 24-HOUR RESTRICTION.

The second sentence of section 104(c) of the Reclamation Development Act of 1974 (Public Law 93–493; 88 Stat. 1488) is amended

by striking ‘‘or three million gallons of water in any twenty-fourhour period,’’.
S. 1146—14

TITLE VIII—MNI WICONI RURAL WATER

SUPPLY PROJECT

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Mni Wiconi Act Amendments

of 1994’’.

SEC. 802. REFERENCE.

Whenever in this title a section or other provision is amended

or repealed, such amendment or repeal shall be considered to be

made to that section or other provision of the Mni Wiconi Project

Act of 1988 (102 Stat. 2566).

SEC. 803. FINDINGS AND PURPOSES.

(a) FINDINGS.—Subsection (a) of section 2 (102 Stat. 2566) is

amended—

(1) in paragraph (1), by striking ‘‘Reservation’’ and inserting

‘‘Reservation, Rosebud Indian Reservation, and Lower Brule

Indian Reservation’’;

(2) by redesignating paragraphs (3), (4), and (5) as para- graphs (4), (5), and (6), respectively, and by inserting after

paragraph (2) the following new paragraph: ‘‘(3) the lack of water supplies on the Rosebud Reservation

and Lower Brule Reservation restrict efforts to promote economic development on those reservations;’’;

(3) in paragraph (5), as redesignated by paragraph (2)

of this subsection, by striking ‘‘Reservation;’’ and inserting ‘‘Reservation, Rosebud Indian Reservation, and Lower Brule Indian

Reservation;’’; and

(4) in paragraph (6), as redesignated by paragraph (2)

of this subsection, by inserting ‘‘Rosebud Indian Reservation

and Lower Brule Indian Reservation,’’ after ‘‘Reservation,’’.

(b) PURPOSE.—Subsection (b) of section 2 (102 Stat. 2566) is

amended by inserting ‘‘, Rosebud Indian Reservation, and Lower

Brule Indian Reservation’’ after ‘‘Reservation’’ each place it appears.

SEC. 804. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.

(a) AUTHORIZATION.—Subsection (a) of section 3 (102 Stat. 2567)

is amended—

(1) in the matter preceding paragraph (1), by striking

‘‘1988.’’ and inserting ‘‘1988, and as more specifically described

in the Final Engineering Report dated May, 1993.’’; and (2) by amending paragraph (3) to read as follows:

‘‘(3) facilities to allow for interconnections with the West

River Rural Water System, Lyman-Jones Rural Water System,

Rosebud Sioux Rural Water System, and Lower Brule Sioux

Rural Water System;’’.

(b) CONSTRUCTION REQUIREMENTS.—Subsection (d) of such section (102 Stat. 2568) is amended—

(1) by striking ‘‘West River Rural Water System, and the

Lyman-Jones Rural Water System,’’; and by inserting ‘‘West

River Rural Water System, the Lyman-Jones Rural Water System, the Rosebud Sioux Rural Water System, and the Lower

Brule Sioux Rural Water System,’’; and

(2) by striking ‘‘three systems’’ and inserting ‘‘five systems

authorized under this Act’’.
S. 1146—15

(c) TITLE TO SYSTEM.—Subsection (e) of such section (102 Stat.

2568) is amended by inserting ‘‘or encumbered’’ after ‘‘transferred’’.

SEC. 805. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES

RURAL WATER SYSTEM.

Section 4(a) of the Act is amended—

(1) in paragraph (2), by striking out ‘‘65 per centum’’ and

inserting in lieu thereof ‘‘80 percent’’; and

(2) in paragraph (3), by striking out ‘‘35 per centum’’ and

inserting in lieu thereof ‘‘20 percent’’.

SEC. 806. ROSEBUD SIOUX RURAL WATER SYSTEM AND LOWER BRULE

SIOUX RURAL WATER SYSTEM.

The Act is amended by inserting after section 3 the following:

‘‘SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM.

‘‘(a) AUTHORIZATION.—The Secretary is authorized and directed

to plan, design, construct, operate, maintain, and replace a municipal, rural, and industrial water system, to be known as the Rosebud

Sioux Rural Water System, as generally described in the Rosebud

Sioux Tribe Municipal, Rural and Industrial Water Needs Assessment, dated July 1993, and the Final Engineering Report for the

Mni Wiconi Rural Water Supply Project dated May, 1993. The

Rosebud Sioux Rural Water system shall consist of—

‘‘(1) necessary pumping and treatment facilities;

‘‘(2) pipelines extending from the points of interconnections

with the Oglala Sioux Rural Water System to the Rosebud

Indian Reservation;

‘‘(3) facilities to allow for interconnections with the LymanJones Rural Water Supply System; ‘‘(4) distribution and treatment facilities to serve the needs

of the Rosebud Indian Reservation, and other areas described

in the Rosebud Sioux Tribe Municipal, Rural and Industrial

Water Needs Assessment, dated July 1993, including (but not

limited to) the purchase, improvement and repair of existing

water systems, including systems owned by individual tribal

members and other residents of the Rosebud Indian Reservation;

‘‘(5) appurtenant buildings and property rights;

‘‘(6) necessary property and property rights;

‘‘(7) electrical power transmission and distribution facilities

necessary for services to water systems facilities; and ‘‘(8) such other pipelines, pumping plants, and facilities

as the Secretary deems necessary and appropriate to meet

the water supply, economic, public health, and environmental

needs of the reservation, including (but not limited to) water

storage tanks, water lines, and other facilities for the Rosebud

Sioux Tribe and reservation villages, towns, and municipalities.

‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO PLAN, DESIGN,

CONSTRUCT, OPERATE AND MAINTAIN THE ROSEBUD SIOUX RURAL

WATER SUPPLY SYSTEM.—

‘‘(1) In carrying out subsection (a), the Secretary, with

the concurrence of the Rosebud Sioux Tribal Council, shall

enter into cooperative agreements with the appropriate nonFederal entity or entities for planning, designing, constructing,

operating, maintaining, and replacing the Rosebud Sioux Rural

Water System.
S. 1146—16

‘‘(2) Such cooperative agreements shall set forth, in a manner acceptable to the Secretary—

‘‘(A) the responsibilities of the parties for needs assessment, feasibility, and environmental studies; engineering

and design; construction; water conservation measures; and

administration of any contracts with respect to this

subparagraph;

‘‘(B) the procedures and requirements for approval and

acceptance of such design and construction; and

‘‘(C) the rights, responsibilities, and liabilities of each

party to the agreement.

‘‘(3) Such cooperative agreements may include purchase,

improvement, and repair of existing water systems, including

systems owned by individual tribal members and other residents located on the Rosebud Indian Reservation.

‘‘(4) The Secretary may unilaterally terminate any cooperative agreement entered into pursuant to this section if the

Secretary determines that the quality of construction does not

meet all standards established for similar facilities constructed

by the Secretary or that the operation and maintenance of

the system does not meet conditions acceptable to the Secretary

for fulfilling the obligations of the United States to the Rosebud

Sioux Tribe.

‘‘(5) Upon execution of any cooperative agreement authorized under this section, the Secretary is authorized to transfer

to the appropriate non-Federal entity, on a nonreimbursable

basis, the funds authorized to be appropriated by section 10(a)

for the Rosebud Sioux Rural Water System.

‘‘(c) SERVICE AREA.—The service area of the Rosebud Sioux

Rural Water System shall extend to all of Todd County, South

Dakota, and to all other territory and lands generally described

in the Rosebud Sioux Tribe Municipal, Rural and Industrial Water

Needs Assessment, dated July 1993 and the Final Engineering

Report for the Mni Wiconi Rural Water Supply Project dated May

1993.

‘‘(d) CONSTRUCTION REQUIREMENTS.—The pumping plants, pipelines, treatment facilities, and other appurtenant facilities for the

Rosebud Sioux Rural Water System shall be planned and constructed to a size sufficient to meet the municipal, rural and industrial water supply requirements of the Rosebud Sioux Tribe and

the Lyman-Jones Rural Water System, as generally described in

the Rosebud Sioux Tribe Municipal, Rural and Industrial Water

Needs Assessment, dated July 1993, and the Final Engineering

Report for the Mni Wiconi Rural Water Supply Project dated May,

1993, taking into account the effects of the conservation plans

described in section 5. The Rosebud Rural Water System and

Lyman-Jones Rural Water System may be interconnected and provided with water service from common facilities. Any joint costs

associated with common facilities shall be allocated to the Rosebud

Sioux Rural Water System.

‘‘(e) TITLE TO SYSTEM.—Title to the Rosebud Sioux Rural Water

System shall be held in trust for the Rosebud Sioux Tribe by

the United States and shall not be transferred or encumbered

without a subsequent Act of Congress.

‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is authorized and

directed to provide such technical assistance as may be necessary

to the Rosebud Sioux Tribe to plan, develop, construct, operate,
S. 1146—17

maintain, and replace the Rosebud Sioux Rural Water System,

including (but not limited to) operation and management training.

‘‘(g) APPLICATION OF THE INDIAN SELF-DETERMINATION ACT.—

Planning, design, construction, and operation of the Rosebud Sioux

Rural Water System shall be subject to the provisions of the Indian

Self-Determination Act (Public Law 93–638, 25 U.S.C. 450).

‘‘SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM.

‘‘(a) AUTHORIZATION.—The Secretary is authorized and directed

to plan, design, construct, operate, maintain, and replace a municipal, rural, and industrial water system, to be known as the Lower

Brule Sioux Rural Water System, as generally described in the

Final Engineering Report for the Mni Wiconi Rural Water Supply

Project, dated May 1993. The Lower Brule Sioux Rural Water

System shall consist of—

‘‘(1) necessary pumping and treatment facilities;

‘‘(2) pipelines extending from the points of interconnections

with the Oglala Sioux Rural Water Supply System to the Lower

Brule Indian Reservation;

‘‘(3) facilities to allow for interconnections with the LymanJones Rural Water Supply System;

‘‘(4) distribution and treatment facilities to serve the needs

of the Lower Brule Indian Reservation, including (but not limited to) the purchase, improvement and repair of existing water

systems, including systems owned by individual tribal members

and other residents of the Lower Brule Indian Reservation;

‘‘(5) appurtenant buildings and property rights;

‘‘(6) necessary property and property rights;

‘‘(7) electrical power transmission and distribution facilities

necessary for services to water systems facilities; and ‘‘(8) such other pipelines, pumping plants, and facilities

as the Secretary deems necessary and appropriate to meet

the water supply, economic, public health, and environmental

needs of the reservation, including (but not limited to) water

storage tanks, water lines, and other facilities for the Lower

Brule Sioux Tribe and reservation villages, towns and municipalities.

‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN THE LOWER BRULE SIOUX

RURAL WATER SUPPLY SYSTEM.— ‘‘(1) In carrying out subsection (a), the Secretary, with

the concurrence of the Lower Brule Sioux Tribal Council, shall

enter into cooperative agreements with the appropriate nonFederal entity or entities for planning, designing, constructing,

operating, maintaining, and replacing the Lower Brule Sioux

Rural Water System.

‘‘(2) Such cooperative agreements shall set forth, in a manner acceptable to the Secretary—

‘‘(A) the responsibilities of the parties for needs assessment, feasibility, and environmental studies; engineering

and design, construction; water conservation measures; and

administration of any contracts with respect to this

subparagraph;

‘‘(B) the procedures and requirements for approval and

acceptance of such design and construction; and

‘‘(C) the rights, responsibilities, and liabilities of each

party to the agreement.
S. 1146—18

‘‘(3) Such cooperative agreements may include purchase,

improvement, and repair of existing water systems, including

systems owned by individual tribal members and other residents located on the Lower Brule Indian Reservation.

‘‘(4) The Secretary may unilaterally terminate any cooperative agreement entered into pursuant to this section if the

Secretary determines that the quality of construction does not

meet all standards established for similar facilities constructed

by the Secretary or that the operation and maintenance of

the system does not meet conditions acceptable to the Secretary

for fulfilling the obligations of the United States to the Lower

Brule Sioux Tribe.

‘‘(5) Upon execution of any cooperative agreement authorized under this section, the Secretary is authorized to transfer

to the appropriate non-Federal entity, on a nonreimbursable

basis, the funds authorized to be appropriated by section 10(a)

for the Lower Brule Sioux Rural Water System.

‘‘(c) SERVICE AREA.—The service area of the Lower Brule Sioux

Rural Water System shall be the boundaries of the Lower Brule

Indian Reservation.

‘‘(d) CONSTRUCTION REQUIREMENTS.—The pumping plants, pipelines, treatment facilities, and other appurtenant facilities for the

Lower Brule Sioux Rural Water System shall be planned and constructed to a size sufficient to meet the municipal, rural, and

industrial water supply requirements of the Lower Brule Sioux

Tribe and the Lyman-Jones Rural Water System, as generally

described in the Final Engineering Report of the Mni Wiconi Rural

Water Supply Project, dated May 1993, taking into account the

effects of the conservation plans described in section 5. The Lower

Brule Sioux Rural Water System and Lyman-Jones Rural Water

System may be interconnected and provided with water service

from common facilities. Any joint costs associated with common

facilities shall be allocated to the Lower Brule Sioux Rural Water

System.

‘‘(e) TITLE TO SYSTEM.—Title to the Lower Brule Sioux Rural

Water System shall be held in trust for the Lower Brule Sioux

Tribe by the United States and shall not be transferred or encumbered without a subsequent Act of Congress.

‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is authorized and

directed to provide such technical assistance as may be necessary

to the Lower Brule Sioux Tribe to plan, develop, construct, operate,

maintain, and replace the Lower Brule Sioux Rural Water System,

including (but not limited to) operation and management training.

‘‘(g) APPLICATION OF THE INDIAN SELF-DETERMINATION ACT.—

Planning, design, construction, and operation of the Lower Brule

Sioux Rural Water System shall be subject to the provisions of

the Indian Self-Determination Act (Public Law 93–638, 25 U.S.C.

450).’’.

SEC. 807. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES

RURAL WATER SYSTEM.

(a) SERVICE AREA.—Subsection (d) of section 4 (102 Stat. 2569)

is amended by striking the period at the end thereof and inserting

‘‘, and Final Engineering Report dated May 1993.’’.

(b) INTERCONNECTION OF FACILITIES AND WAIVER OF

CHARGES.—Section 4 of the Act (102 Stat. 2568) is amended by
S. 1146—19

redesignating subsection (f) as subsection (g) and inserting after

subsection (e) the following new subsection:

‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER OF

CHARGES.—The Secretary is authorized to interconnect the LymanJones Rural Water System, and the West River Rural Water System, with each of the other systems authorized under this Act,

and to provide for the delivery of water to the West River Rural

Water System, and Lyman-Jones Rural Water System, without

charge or cost, from the Missouri River and through common facilities of the Oglala Sioux Rural Water Supply System, Rosebud

Rural Water System and Lower Brule Rural Water System.’’.

SEC. 808. WATER CONSERVATION.

Section 5 of the Act (102 Stat. 2570) is amended by striking

‘‘The non-Federal parties (including the Oglala Sioux Tribe)’’ and

inserting ‘‘Each non-Federal party (including the Oglala Sioux Tribe,

Rosebud Sioux Tribe, and Lower Brule Sioux Tribe)’’.

SEC. 809. MITIGATION OF FISH AND WILDLIFE LOSSES.

Section 6 of the Act (102 Stat. 2570) is amended—

(1) in subsection (a)—

(A) by inserting ‘‘, ROSEBUD SIOUX RURAL WATER SUPPLY SYSTEM, LOWER BRULE SIOUX RURAL WATER SUPPLY

SYSTEM,’’ after ‘‘SUPPLY SYSTEM’’; and

(B) by inserting ‘‘Rosebud Sioux Rural Water Supply

System, Lower Brule Sioux Rural Water Supply System,’’

after ‘‘Supply System,’’; and

(2) in subsection (b)—

(A) by inserting ‘‘, all Indian tribes residing on reservations within the State of South Dakota,’’ after ‘‘South

Dakota’’;

(B) by inserting ‘‘and terrestrial’’ after ‘‘wildlife’’;

(C) by striking ‘‘Such plans’’ and inserting ‘‘Such recommendations’’; and

(D) by adding at the end the following:

‘‘The Indian tribes shall be afforded an opportunity to review and

concur within any recommendations affecting their reservations

before they are submitted to Congress.’’.

SEC. 810. PROHIBITION OF USE OF FUNDS FOR IRRIGATION PURPOSES.

Section 7 of the Act (102 Stat. 2570) is amended by striking

‘‘Supply System,’’ and inserting ‘‘Supply System, the Rosebud Sioux

Rural Water Supply System, the Lower Brule Rural Water Supply

System,’’.

SEC. 811. RULE OF CONSTRUCTION.

Section 8 of the Act (102 Stat. 2570) is amended—

(1) by inserting ‘‘, Rosebud Sioux Tribe, and Lower Brule

Sioux Tribe’’ after ‘‘Tribe’’; and

(2) by striking ‘‘or construct’’ and inserting ‘‘construct,

maintain, or replace’’.

SEC. 812. USE OF PICK-SLOAN POWER.

(a) IN GENERAL.—Subsection (a) of section 9 (102 Stat. 2570)

is amended by striking ‘‘sections 3’’ and inserting ‘‘sections 3, 3A,

3B,’’.

(b) DEFINITIONS.—Subsection (e)(1) of section 9 (102 Stat. 2571)

is amended by striking ‘‘Supply System,’’ and inserting ‘‘Supply
S. 1146—20

System, the Rosebud Sioux Rural Water Supply System, the Lower

Brule Sioux Rural Water Supply System,’’.

SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

Section 10 of the Act (102 Stat. 2571) is amended to read

as follows:

‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) PLANNING, DESIGN, AND CONSTRUCTION.—There are authorized to be appropriated $263,241,000 for the planning, design, and

construction of the Oglala Sioux Rural Water Supply System, the

Rosebud Sioux Rural Water Supply System, the Lower Brule Sioux

Rural Water Supply System, the West River Rural Water Supply

System, and the Lyman-Jones Rural Water Supply System

described in sections 3, 3A, 3B, and 4. Such funds are authorized

to be appropriated only through the end of the year 2003. The

funds authorized to be appropriated by the first sentence of this

section, less any amounts previously obligated for the Systems,

may be increased or decreased by such amounts as may be justified

by reason of ordinary fluctuations in development costs incurred

after October 1, 1992, as indicated by engineering costs indices

applicable for the type of construction involved.

‘‘(b) OPERATION AND MAINTENANCE OF OGLALA SIOUX RURAL

WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SUPPLY

SYSTEM AND LOWER BRULE SIOUX RURAL WATER SUPPLY SYSTEM.—

There are authorized to be appropriated such sums as may be

necessary for the operation and maintenance of the Oglala Sioux

Rural Water Supply System, Rosebud Sioux Rural Water Supply

System and Lower Brule Sioux Rural Water Supply System. The

operation and maintenance expenses associated with water deliveries to the West River and Lyman-Jones Rural Water Systems

are a non-Federal responsibility and for such deliveries the Secretary shall enter into a contract with the West River and LymanJones Systems for the payment of an annual operation and maintenance fee. Such fee shall be based on the incremental operation

and maintenance costs for water actually delivered each year to

the West River and Lyman-Jones Rural Water Systems. Such operation and maintenance payments shall be increased or decreased

by such amounts as may be justified by reason of ordinary fluctuations as indicated by indices applicable to comparable regional

rural water supply systems for the type of operation and maintenance involved.

‘‘(c) WASTE WATER DISPOSAL SYSTEMS FEASIBILITY STUDIES.—

There is authorized to be appropriated such sums as may be necessary to complete the feasibility studies authorized by section

15(c).’’.

SEC. 814. WATER RIGHTS.

Paragraph (5) of section 11 (102 Stat. 2571) is amended— (1) by inserting ‘‘rights, benefits, privileges or claims,

including’’ after ‘‘affect any’’; (2) by inserting ‘‘Rosebud Sioux Tribe and Lower Brule

Sioux Tribe,’’ after ‘‘Tribe,’’ the first place it appears;

(3) by striking ‘‘the Pine Ridge Indian Reservation’’ and

inserting ‘‘their respective reservations’’; and

(4) by striking ‘‘Tribe,’’ the second place it appears and

inserting ‘‘Tribe, Rosebud Sioux Tribe, Lower Brule Sioux

Tribe,’’.
S. 1146—21

SEC. 815. FEASIBILITY STUDIES.

(a) ALTERNATE USES.—Section 3 of Public Law 97–273, as

amended by section 12(b) of Public Law 100–516 (102 Stat. 2572),

is amended by striking ‘‘Dakota,’’ and inserting ‘‘Dakota and all

Indian tribes residing on reservations within the State of South

Dakota,’’.

(b) WASTE WATER DISPOSAL SYSTEMS.—Section 12 of the Act

(102 Stat. 2572) is amended by adding at the end the following:

‘‘(c) WASTE WATER DISPOSAL SYSTEMS.—(1) The Secretary is

authorized and directed, in consultation with the Oglala Sioux

Tribe, Rosebud Sioux Tribe and Lower Brule Sioux Tribe, to conduct

feasibility studies on the need to develop waste water disposal

facilities and systems, and rehabilitate existing waste water disposal facilities and systems, on the Pine Ridge Indian Reservation,

Rosebud Indian Reservation and Lower Brule Indian Reservation,

and to report to the Congress the findings of such studies along

with his recommendations.

‘‘(2) The feasibility studies authorized under this subsection

shall be completed and presented to Congress within one year

after the date that funds are first made available by the Secretary

to complete the studies.’’.

TITLE IX—BELLE FOURCHE

IRRIGATION PROJECT

SEC. 901. EXPANSION OF BELLE FOURCHE IRRIGATION PROJECT.

(a) AUTHORIZATION OF ADDITIONAL ACTIVITIES.—The Act entitled ‘‘An Act to authorize rehabilitation of the Belle Fourche irrigation project, and for other purposes.’’ (Public Law 98–157, 97 Stat.

989) is amended in the first section—

(1) by striking ‘‘That the general’’ and inserting in lieu

thereof, so as to appear immediately after and below the enacting clause, the following:

‘‘SECTION 1. (a) The general plan for’’; and

(2) by adding at the end the following:

‘‘(b)(1) In addition to the activities authorized under subsection

(a), the general plan for the Belle Fourche project is modified

to include the following:

‘‘(A) Rehabilitation of the following major water control

structures:

‘‘(i) The Whitewood Siphon.

‘‘(ii) 2 Belle Fourche dam outlets.

‘‘(B) Lining at South Canal and rehabilitation of Johnson

Lateral for water conservation.

‘‘(C) Replacement or rehabilitation of deteriorated canal

bridges.

‘‘(D) Provision of minor lateral rehabilitation and contract

support work by the Belle Fourche irrigation district.

‘‘(E) Conduct of a detailed study of project-wide water use

management and implementation of improved management

practices for the purpose of achieving optimal conservation

of water supplies.

‘‘(2) The Federal share of the cost of activities under this

subsection may not exceed $10,500,000. The State share of those
S. 1146—22

costs may not exceed $4,000,000, and shall be paid concurrently

with Federal expenditures for activities under this subsection.’’. (b) EXTENSION OF REPAYMENT PERIOD.—Section 2(b) of that

Act is amended by striking ‘‘the year in which such amendatory

repayment contract is executed’’ and inserting ‘‘July 1, 1995’’. (c) APPLICABLE RATES OF CHARGE AND ASSESSABLE ACREAGE.— Section 2(c) of that Act is amended to read as follows:

‘‘(c)(1) Before July 1, 1995, the rates of charge to land class in the unit shall continue to be as established in the November

29, 1949, repayment contract with the district, as subsequently

amended and supplemented. On and after July 1, 1995, such rates

of charge and assessable acreage shall, subject to subsection (d),

be in accordance with the amortization capacity and classification

of unit lands as then determined by the Secretary. ‘‘(2) After final completion of the rehabilitation and betterment

program authorized by this Act, and at intervals agreed to by

the Secretary and the Belle Fourche irrigation district, the rates

of charge and assessable acreage may be amended as determined

necessary by the Secretary.’’. (d) AUTHORIZATION OF APPROPRIATION.—Section 7 of that Act

is amended—

(1) by inserting ‘‘(a)’’ after ‘‘SEC. 7.’’; and

(2) by adding at the end the following:

‘‘(b) In addition to amounts authorized under subsection (a),

for activities under section 1(b) there are authorized to be appropriated $10,500,000, plus or minus such amounts (if any) as may

be justified by reason of ordinary fluctuations in construction cost

indexes applicable to types of construction conducted under that

section.’’.

(e) AMENDMENT OF CONTRACT.—The Secretary of the Interior

and the Belle Fourche irrigation district shall amend the contract

numbered 5–07–60–WR170 to reflect the amendments made by

this section.

TITLE X—UPPER YAMPA WATER

CONSERVANCY PROJECT

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Stagecoach Reservoir Project

Act of 1994’’.

SEC. 1002. SALE OF THE STAGECOACH RESERVOIR PROJECT LOAN.

(a) AGREEMENT.— (1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary of the Interior shall

conduct appropriate investigations regarding, and is authorized

to sell, or accept prepayment on, the loan contract described

in paragraph (2) to the Upper Yampa Water Conservancy District in Colorado (referred to in this title as the ‘‘District’’)

for the Stagecoach Reservoir Project. (2) LOAN CONTRACT.—The loan contract described in paragraph (1) is numbered 7–07–40–R0480 and was entered into

pursuant to the Small Reclamation Projects Act of 1956 (43

U.S.C. 422a et seq.).

(b) PAYMENT.—Any agreement negotiated pursuant to subsection (a) shall realize an amount to the Federal Government
S. 1146—23

calculated by discounting the remaining payments due on the loans

by the interest rate determined pursuant to subsection (c).

(c) INTEREST RATE.—

(1) IN GENERAL.—The Secretary shall determine the

interest rate in accordance with the guidelines set forth in

Circular A–129 issued by the Office of Management and Budget

concerning loan sales and prepayment of loans.

(2) DETERMINATION.—In determining the interest rate, the

Secretary—

(A) shall not equate an appropriate amount of prepayment with the price of the loan if it were to be sold

on the open market to a third party; and

(B) shall, in following the guidelines set forth in Circular A–129 regarding an allowance for administrative

expenses and possible losses, make such an allowance from

the perspective of the Federal Government as lender and

not from the perspective of a third party purchasing the

loan on the open market.

(3) ADJUSTMENT.—If the borrower or purchaser of the loan

has access to tax-exempt financing, including tax-exempt bonds,

tax-exempt cash reserves, and cash and loans of any kind

from any tax-exempt entity, to finance the transaction, and

if the Office of Management and Budget grants the Secretary

the right to conduct such a transaction, then the interest rate

by which the Secretary discounts the remaining payments due

on the loan shall be adjusted by an amount that compensates

the Federal Government for the direct or indirect loss of future

tax revenues.

(4) LIMITATION.—Notwithstanding any other provision of

law, the interest rate shall not exceed a composite interest

rate consisting of the current market yield on Treasury securities of comparable maturities.

(5) APPROVAL.—The Secretary shall obtain approval from

the Secretary of the Treasury and the Director of the Office

of Management and Budget of the final terms of any loan

sale or prepayment made pursuant to this title.

SEC. 1003. TERMINATION AND CONVEYANCE OF RIGHTS.

Upon receipt of the payment specified in section 1002(b)—

(1) the obligation of the District under the loan contract

described in section 1002(a)(2) shall terminate;

(2) the Secretary of the Interior shall convey all right

and interest of the United States in the Stagecoach Reservoir

Project to the District; and

(3) the District shall absolve the United States, and its

officers and agents, of any liability associated with the Stagecoach Reservoir Project.

SEC. 1004. TERMINATION OF AUTHORITY.

(a) IN GENERAL.—Subject to subsection (b), the authority

granted by this title to sell loans shall terminate 2 years after

the date of enactment of this Act.

(b) TIME TO RESPOND TO OFFER.—The borrower shall have

not less than 60 days to respond to any prepayment offer made

by the Secretary.
S. 1146—24

TITLE XI—MANCOS PROJECT

SEC. 1101. SHORT TITLE.

This title may be cited as the ‘‘Mancos Project Private Power

Development Authorization Act of 1994’’.

SEC. 1102. FINDINGS.

Congress finds that—

(a) development of hydroelectric power at the Mancos

Project consistent with the Feasibility Report and Engineering

and Construction Report for the Jackson Gulch Reservoir

Hydroelectric Project dated April 19, 1991, and revised on May

13, 1992, and February 10, 1993, by the Mancos Water Conservancy District—

(1) will be without cost to the United States;

(2) will not impair the efficiency of the project for

irrigation purposes;

(3) will not alter the volume, timing or temperatures

of flows from the reservoir; and

(4) is not likely to cause any new or increased adverse

impacts to any federally listed or candidate species;

(b) that the Mancos Water Conservancy District is currently

operating and maintaining facilities at the Mancos Project and

that the development of hydroelectric power at the Mancos

Project consistent with the Feasibility Report and Engineering

and Construction Report for the Jackson Gulch Reservoir

Hydroelectric Project dated April 19, 1991, revised on May

13, 1992, and February 10, 1993, by the Mancos Water Conservancy District will not increase operation and maintenance

costs of the Federal Government; and

(c) that any lease of power privileges issued by the Secretary pursuant to this title does not constitute a ‘‘contract’’

under section 202(1) of Public Law 97–293 (96 Stat. 1261;

43 U.S.C. section 390bb) and that nothing in this title is

intended to make applicable any section of Public Law 97–

293 (96 Stat. 1261; 43 U.S.C. section 390aa et. seq.) that

would not previously apply.

SEC. 1103. AUTHORIZATION TO LEASE POWER PRIVILEGES.

Notwithstanding the provisions of the Water Conservation and

Utilization Act (16 U.S.C. sections 590y–590z–11) or any relevant

provision of the repayment contract Ilr–384, dated July 20, 1942,

as amended December 22, 1947, the Secretary is authorized to

enter into a lease of power privileges at the Mancos Project, Colorado, with the Mancos Water Conservancy District.

SEC. 1104. LEASE CONDITIONS.

Any such lease of power privileges issued pursuant to section

1103 of this title shall not exceed a period of forty years and

shall be consistent with rates charged by the Federal Energy Regulatory Commission for comparable sized projects. Moneys derived

from such lease shall be covered into the reclamation fund in

accordance with relevant parts of Federal reclamation law, the

Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371).
S. 1146—25

SEC. 1105. REVENUES DERIVED FROM POWER DEVELOPMENT.

Notwithstanding the provisions of the Water Conservation and Utilization Act (16 U.S.C. sections 590y–590z–11) or any relevant

provision of the repayment contract Ilr–384, dated July 20, 1942,

as amended December 22, 1947, the Mancos Water Conservancy

District may receive revenues from the sale of the power generated

pursuant to such lease of power privilege.

TITLE XII—YAKIMA RIVER BASIN

WATER ENHANCEMENT PROJECT

SEC. 1201. PURPOSES.

The purposes of this title are— (1) to protect, mitigate, and enhance fish and wildlife through improved water management; improved instream

flows; improved water quality; protection, creation and enhancement of wetlands; and by other appropriate means of habitat

improvement; (2) to improve the reliability of water supply for irrigation;

(3) to authorize a Yakima River basin water conservation

program that will improve the efficiency of water delivery and

use; enhance basin water supplies; improve water quality; protect, create and enhance wetlands; and determine the amount

of basin water needs that can be met by water conservation

measures;

(4) to realize sufficient water savings from the Yakima River Basin Water Conservation Program so that not less than

40,000 acre-feet of water savings per year are achieved by

the end of the fourth year of the Basin Conservation Program,

and not less than 110,000 acre-feet of water savings per year

are achieved by the end of the eighth year of the program,

to protect and enhance fish and wildlife resources; and not

less than 55,000 acre feet of water savings per year are achieved

by the end of the eighth year of the program for availability

for irrigation; (5) to encourage voluntary transactions among public and private entities which result in the implementation of water

conservation measures, practices, and facilities; and (6) to provide for the implementation by the Yakama Indian Nation at its sole discretion of (A) an irrigation demonstration

project on the Yakama Indian Reservation using water savings

from system improvements to the Wapato Irrigation Project,

and (B) a Toppenish Creek corridor enhancement project

integrating agricultural, fish, wildlife, and cultural resources.

SEC. 1202. DEFINITIONS.

As used in this title:

(1) The term ‘‘Basin Conservation Plan’’ means a plan

for implementing water conservation measures found in the

various water conservation plans developed under the Basin

Conservation Program.

(2) The term ‘‘Basin Conservation Program’’ means the

Yakima River Basin Water Conservation Program established

under section 1203(a).

(3) The term ‘‘comprehensive basin operating plan’’ means

a plan that will provide guidance to the Yakima Project Super-
S. 1146—26

intendent for operation of the existing Yakima Project as modified by actions taken pursuant to this title.

(4) The term ‘‘Conservation Advisory Group’’ means the

Yakima River Basin Conservation Advisory Group established

under section 1203(c).

(5) The term ‘‘conserved water’’ means water saved and

attributable to the program established under the Basin Conservation Program.

(6) The term ‘‘Irrigation Demonstration Project’’ means the

Yakama Indian Reservation Irrigation Demonstration Project

authorized in section 1204(b).

(7) The term ‘‘nonproratable water’’ means that portion

of the total water supply available under provisions of sections

18 and 19 of Civil Action No. 21 (Federal District Court Judgment of January 31, 1945) that is not subject to proration

in times of water shortage.

(8) The term ‘‘on-district storage’’ means small water storage facilities located within the boundaries of an irrigation

entity, including reregulating reservoirs, holding ponds, or other

new storage methods which allow for efficient water use.

(9) The term ‘‘proratable water’’ means that portion of

the total water supply available under provisions of sections

18 and 19 of Civil Action No. 21 (Federal District Court Judgment of January 31, 1945) that is subject to proration in times

of water shortage.

(10) The term ‘‘Secretary’’ means the Secretary of the

Interior.

(11) The term ‘‘System Operations Advisory Committee’’

means a group of fishery biologists— (A) created by the Yakima Project Superintendent in

response to the supplemental instructions entitled ‘‘Supplementary Instructions to the Water Master’’, and dated

November 28, 1980, in the case of Kittitass Reclamation

District, et al. vs. the Sunnyside Valley Irrigation District,

et al. (E.D. Wash., Civil No. 21.);

(B) who advise the Yakima Project Superintendent on

operations of the Yakima Project for fish and wildlife purposes; and

(C) who, together with others, were identified for consultation on November 29, 1990, in the amended partial

summary judgment entered in the basin adjudication (Yakima County Superior Court No. 77–2–01484–5).

(12) The term ‘‘Toppenish Enhancement Project’’ means

the Toppenish Creek corridor enhancement project authorized

by section 1204(c).

(13) The term ‘‘Yakama Indian Nation’’ means the Confederated Tribes and Bands of the Yakama Indian Nation as

redesignated under section 1204(g).

(14) The term ‘‘Yakima Project Superintendent’’ means the

individual designated by the Regional Director, Pacific Northwest Region, Bureau of Reclamation, to be responsible for the

operation and management of the Yakima Federal Reclamation

Project, Washington.

SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

(a) ESTABLISHMENT.—(1) The Secretary, in consultation with

the State of Washington, the Yakama Indian Nation, Yakima River
S. 1146—27

basin irrigators, and other interested parties, shall establish and

administer a Yakima River Basin Water Conservation Program

for the purpose of evaluating and implementing measures to

improve the availability of water supplies for irrigation and the

protection and enhancement of fish and wildlife resources, including

wetlands, while improving the quality of water in the Yakima

Basin. The Secretary may make grants to eligible entities for the

purposes of carrying out this title under such terms and conditions

as the Secretary may require. Such terms and conditions shall

include a requirement that all water districts, irrigation districts,

individuals, or other entities eligible to participate in the Basin

Conservation Program must equip all surface water delivery systems within their boundaries with volumetric water meters or

equally effective water measuring methods within 5 years of the

date of enactment of this Act.

(2) Conserved water resulting in whole or in part from the

expenditure of Federal funds shall not be used to expand irrigation

in the Yakima Basin, except as specifically provided in section

1204(a)(3) on the Yakama Indian Reservation.

(3) The provisions of this section shall not apply to the Yakama

Indian Nation except as to any funds specifically applied for from

the Basin Conservation Program.

(b) FOUR PHASES OF PROGRAM.—The Basin Conservation Program shall encourage and provide funding assistance for four phases

of water conservation, which shall consist of the following:

(1) The development of water conservation plans, consistent

with applicable water conservation guidelines of the Secretary,

by irrigation districts, conservation districts, water purveyors,

other areawide entities, and individuals not included within

an areawide entity. (2) The investigation of the feasibility of specific potential

water conservation measures identified in conservation plans.

(3) The implementation of measures that have been identified in conservation plans and have been determined to be

feasible.

(4) Post implementation monitoring and evaluation of

implemented measures.

(c) CONSERVATION ADVISORY GROUP.—(1) Not later than 12

months after the date of enactment of this Act, the Secretary,

in consultation with the State of Washington, the Yakama Indian

Nation, Yakima River basin irrigators, and other interested and

related parties, shall establish the Yakima River Basin Conservation Advisory Group. (2) Members of the Conservation Advisory Group shall be

appointed by the Secretary and shall be comprised of—

(A) one representative of the Yakima River basin

nonproratable irrigators,

(B) one representative of the Yakima River basin proratable

irrigators,

(C) one representative of the Yakama Indian Nation,

(D) one representative of environmental interests,

(E) one representative of the Washington State University

Agricultural Extension Service,

(F) one representative of the Department of Wildlife of

the State of Washington, and

(G) one individual who shall serve as the facilitator.

(3) The Conservation Advisory Group shall—
S. 1146—28

(A) provide recommendations to the Secretary and to the

State of Washington regarding the structure and implementation of the Basin Conservation Program,

(B) provide recommendations to the Secretary and to the

State of Washington regarding the establishment of a permanent program for the measurement and reporting of all natural

flow and contract diversions within the basin,

(C) structure a process to prepare a basin conservation

plan as specified in subsection (f),

(D) provide annual review of the implementation of the

applicable water conservation guidelines of the Secretary, and

(E) provide recommendations consistent with statutes of

the State of Washington on rules, regulations, and administration of a process to facilitate the voluntary sale or lease of

water.

(4) The facilitator shall arrange for meetings of the Conservation Advisory Group, provide logistical support, and serve as moderator for the meetings.

(5) The Conservation Advisory Group shall consult an irrigation

district when considering actions specifically affecting that district.

For the purposes of this paragraph, an irrigation district includes

the Yakima Reservation Irrigation District.

(6) The Conservation Advisory Group shall be nonvoting, seeking consensus whenever possible. If disagreement occurs, any member may submit independent comments to the Secretary. The Conservation Advisory Group shall terminate 5 years after the date

of its establishment unless extended by the Secretary.

(d) COST SHARING.—(1) Except as otherwise provided by this

title, costs incurred in the four phases of the Basin Conservation

Program shall be shared as follows:

Program Phase

Non-Federal Federal

Grant State Grant Local

1. Development of water conservation plans50% but not

more than

$200,000

per recipient

(Residual

amount if

any)

50%

2. Investigation of specific water

conservation measures

50% but sum

of 1 and 2

not greater

than

$200,000

per recipient

20% after deducting

State

funds for

Item 2

Residual

amount

after deducting

State and

local funds

for Item 2

3 and 4. Implementation and post

implementation monitoring and

evaluation

17.5% 17.5% 65.0%
S. 1146—29

(2) The Yakima River Basin Water Enhancement Project is

a Federal action to improve streamflow and fish passage conditions

and shall be considered part of a comprehensive program to restore

the Yakima River basin anadromous fishery resource. Related fishery resource improvement facilities which utilize funding sources

under the Pacific Northwest Electric Power Planning and Conservation Act of 1989 (94 Stat. 2697) and independent water-related

improvements of the State of Washington and other public and

private entities to improve irrigation water use, water supply, and

water quality, shall be treated as non-Federal cost share expenditures and shall be consolidated in any final calculation of required

cost sharing. Within one year of the date of enactment of this

Act, the Secretary shall enter into a binding cost sharing agreement

with the State of Washington. The agreement shall describe the

terms and conditions of specific contributions and other activities

that may, subject to approval by the Secretary, qualify as nonFederal cost share expenditures.

(3) Costs of the Basin Conservation Program related to projects

on the Yakama Indian Reservation are a Federal responsibility

and shall be nonreimbursable and not subject to the cost-sharing

provisions of this subsection.

(e) ENTITY WATER CONSERVATION PLANS.—To participate in

the Conservation Basin Program an entity must submit a proposed

water conservation plan to the Secretary. The Secretary shall

approve a water conservation plan submitted under this subsection

if the Secretary determines that the plan meets the applicable

water conservation guidelines of the Secretary.

(f) BASIN CONSERVATION PLAN.—The Conservation Advisory

Group shall, within 21⁄2 years after the date of enactment of this

Act, submit a draft basin conservation plan to the Secretary. (g) PUBLIC COMMENT.—The Secretary shall distribute the draft

basin conservation plan and the entity water conservation plans

submitted under subsections (e) and (f), respectively, for public

comment for a 60-day period. (h) PUBLICATION OF BASIN CONSERVATION PLAN.—Within 60

days after the close of the comment period under subsection (g),

the Secretary shall publish the Basin Conservation Plan which

plan will provide the basis—

(1) for prioritizing and allocating funds to implement conservation measures under this title; and

(2) for preparing an interim comprehensive basin operating

plan under section 1210 of this title as provided for in Public

Law 96–162 (93 Stat. 1241).

(i) CONSERVATION MEASURES.—(1) Measures considered for

implementation in the Basin Conservation Program may include,

among others, conveyance and distribution system monitoring, automation of water conveyance systems, water measuring or metering

devices and equipment, lining and piping of water conveyance and

distribution systems, on-district storage, electrification of hydraulic

turbines, tail-water recycling, consolidation of irrigation systems,

irrigation scheduling, and improvement of on-farm water application systems. Basin Conservation Program funds may also be used

throughout all four phases of the Basin Conservation Program

to mitigate for adverse impacts of program measures.

(2) In addition to implementing existing technologies, the Secretary shall encourage the testing of innovative water conservation

measures. The Secretary shall, to the maximum extent possible
S. 1146—30

under applicable Federal, State, and tribal law, cooperate with

the State of Washington to facilitate water and water right transfers, water banking, dry year options, the sale and leasing of water,

and other innovative allocation tools used to maximize the utility

of existing Yakima River basin water supplies.

(3) The Secretary may, consistent with applicable law, use

funds appropriated to carry out this section for the purchase or

lease of land, water, or water rights from any entity or individual

willing to limit or forego water use on a temporary or permanent

basis. Funds used for purchase or lease under this paragraph are

not subject to the cost sharing provisions of subsection (d). Efforts

to acquire water should be made immediately upon availability

of funds to meet the three-year goal specified in section 1205(a)(4)

to provide water to be used by the Yakima Project Superintendent

under the advisement of the System Operations Advisory Committee for instream flow purposes. The use of Basin Conservation

Program funds under this paragraph are in addition to those specifically authorized to be appropriated by subsection (j)(4).

(4) On-farm water management improvements shall be coordinated with programs administered by the Secretary of Agriculture

and State conservation districts.

(j) AUTHORIZATION OF APPROPRIATIONS.—There is hereby

authorized to be appropriated to the Secretary, at September 1990

prices, plus or minus such amounts as may be justified by reason

of ordinary fluctuations of applicable cost indexes, the following

amounts for the Basin Conservation Program:

(1) $1,000,000 for the development of water conservation

plans.

(2) $4,000,000 for investigation of specific potential water

conservation measures identified in conservation plans for

consideration for implementing through the Basin Conservation

Program.

(3) Up to $67,500,000 for design, implementation, postimplementation monitoring and evaluation of measures, and

addressing environmental impacts.

(4) Up to $10,000,000 for the initial acquisition of water

from willing sellers or lessors specifically to provide instream

flows for interim periods to facilitate the outward migration

of anadromous fish flushing flows. Such funds shall not be

subject to the cost sharing provisions of subsection (d).

(5) $100,000 annually for the establishment and support

of the Conservation Advisory Group during its duration. Such

funds shall be available for travel and per diem, rental of

meeting rooms, typing, printing and mailing, and associated

administrative needs. The Secretary and the State of Washington shall provide appropriate staff support to the Conservation

Advisory Group.

SEC. 1204. YAKAMA INDIAN NATION.

(a) WAPATO IRRIGATION PROJECT IMPROVEMENTS AND APPROPRIATIONS.—(1) The Yakama Indian Nation’s proposed system

improvements to the Wapato Irrigation Project, as well as the

design, construction, operation, and maintenance of the Irrigation

Demonstration Project and the Toppenish Creek corridor enhancement project, pursuant to this title shall be coordinated with the

Bureau of Indian Affairs.
S. 1146—31

(2) There is authorized to be appropriated to the Secretary

not more than $23,000,000 for the preparation of plans, investigation of measures, and following the Secretary’s certification that

such measures are consistent with the water conservation objectives

of this title, the implementation of system improvements to the

Wapato Irrigation Project. Funding for further improvements within

the Wapato Irrigation Project may be acquired under the Basin

Conservation Program or other sources identified by the Yakama

Indian Nation.

(3) Water savings resulting from irrigation system improvements shall be available for the use of the Yakama Indian Nation

for irrigation and other purposes on the reservation and for protection and enhancement of fish and wildlife within the Yakima River

basin. The conveyance of such water through irrigation facilities

other than the Wapato Irrigation Project shall be on a voluntary

basis and shall not further diminish the amount of water that

otherwise would have been delivered by an entity to its water

users in years of water proration.

(b) IRRIGATION DEMONSTRATION PROJECT APPROPRIATIONS.—

(1)(A) There is hereby authorized to be appropriated to the Secretary—

(i) at September 1990 prices, plus or minus such amounts

as may be justified by reason of ordinary fluctuations of

applicable cost indexes, $8,500,000 for the design and construction of the Yakama Indian Reservation Irrigation Demonstration Project; and

(ii) such sums as may be necessary for the operation and

maintenance of the Irrigation Demonstration Project, including

funds for administration, training, equipment, materials, and

supplies for the period specified by the Secretary, which sums

are in addition to operation and maintenance funds for wildlife

and cultural purposes appropriated to the Secretary under other

authorization.

(B) Funds may not be made available under this subsection

until the Yakama Indian Nation obtains the concurrence of the

Secretary in the construction, management, and administrative

aspects of the Irrigation Demonstration Project. (C) After the end of the period specified under subparagraph (A)(ii), costs for the operation and maintenance of the Irrigation

Demonstration Project, including funds for administration, training,

equipment, materials, and supplies referred to in that subparagraph, shall be borne exclusively by the lands directly benefitting

from the Irrigation Demonstration Project. (2) The Irrigation Demonstration Project shall provide for the

construction of distribution and on-farm irrigation facilities to use

all or a portion of the water savings, as determined by the Yakama

Indian Nation, resulting from the Wapato Irrigation Project system

improvements for—

(A) demonstrating cost-effective state of the art irrigation

water management and conservation,

(B) the training of tribal members in irrigation methods,

operation, and management, and

(C) upgrading existing hydroelectric facilities and construction of additional hydroelectric facilities on the reservation to

meet irrigation pumping power needs.

(c) TOPPENISH CREEK CORRIDOR ENHANCEMENT PROJECT

APPROPRIATIONS.—There is hereby authorized to be appropriated
S. 1146—32

to the Secretary $1,500,000 for the further investigation by the

Yakama Indian Nation of measures to develop a Toppenish Creek

corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet

tribal objectives and such amount as the Secretary subsequently

determines is necessary for implementation. There is also authorized to be appropriated to the Secretary such sums as may be

necessary for the operation and maintenance of the Toppenish

Enhancement Project.

(d) REPORT.—Within 5 years of the implementation of the

Irrigation Demonstration Project and the Toppenish Enhancement

Project, the Secretary, in consultation with the Yakama Indian

Nation, shall report to the Committee on Energy and Natural

Resources of the Senate, the Committee on Natural Resources of

the House of Representatives, and the Governor of the State of

Washington on the effectiveness of the conservation, training, mitigation, and other measures implemented.

(e) STATUS OF IMPROVEMENTS AND FACILITIES.—The Wapato

Irrigation Project system improvements and any specific irrigation

facility of the Irrigation Demonstration Project (excluding on-farm

irrigation facilities) and the Toppenish Enhancement Project shall

become features of the Wapato Irrigation Project.

(f) TREATMENT OF CERTAIN COSTS.—Costs related to Wapato

Irrigation Project improvements, the Irrigation Demonstration

Project, and the Toppenish Enhancement Project shall be a Federal

responsibility and are nonreimbursable and nonreturnable.

(g) REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA

INDIAN NATION.—

(1) REDESIGNATION.—The Confederated Tribes and Bands

of the Yakima Indian Nation shall be known and designated

as the ‘‘Confederated Tribes and Bands of the Yakama Indian

Nation’’.

(2) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the

Confederated Tribes and Bands of the Yakima Indian Nation

referred to in subsection (a) shall be deemed to be a reference

to the ‘‘Confederated Tribes and Bands of the Yakama Indian

Nation’’.

SEC. 1205. OPERATION OF YAKIMA BASIN PROJECTS.

(a) WATER SAVINGS FROM BASIN CONSERVATION PROGRAM.—

(1) The Basin Conservation Program is intended to result in reductions in water diversions allowing for changes in the present operation of the Yakima Project to improve stream flow conditions

in the Yakima River basin. Except as provided by paragraph (5)

of this subsection and section 1209, commencing with the enactment

of this title, and notwithstanding that anticipated water savings

are yet to be realized, the Secretary, upon the enactment of this

title and acting through the Yakima Project Superintendent, shall

(A) continue to estimate the water supply which is anticipated

to be available to meet water entitlements; and (B) provide instream

flows in accordance with the following criteria:
S. 1146—33

Water Supply Estimate for Period (million acre

feet):

Target Flow from Date

of Estimate thru October

Downstream of (cubic

feet per second):

April thru

September

May thru

September

June thru

September

July thru

SeptemberSunnyside

Diversion

Dam

Prosser Diversion Dam

(1) 3.2 2.9 2.4 1.9 600 600

(2) 2.9 2.65 2.2 1.7 500 500

(3) 2.65 2.4 2.0 1.5 400 400

Less than line 3 water supply 300 300

(2) The initial target flows represent target flows at the respective points. Reasonable fluctuations from these target flows are

anticipated in the operation of the Yakima Project, except that

for any period exceeding 24 hours—

(A) actual flows at the Sunnyside Diversion Dam may

not decrease to less than 65 percent of the target flow at

the Sunnyside Diversion Dam; and

(B) actual flows at the Prosser Diversion Dam may not

decrease by more than 50 cubic feet per second from the target

flow.

(3) The instream flows shall be increased for interim periods

during any month of April through October to facilitate when necessary the outward migration of anadromous fish. Increased

instream flows for such interim periods shall be obtained through

voluntary sale and leasing of water or water rights or from conservation measures taken under this title.

(4)(A)(i) Within the three-year period beginning when appropriations are first provided to carry out the Basin Conservation

Program, the instream flow goal in the Yakima River is as follows:

to secure water which is to be used for instream flows to facilitate

meeting recommendations of the System Operations Advisory

Committee for flushing flows or other instream uses.

(ii) In addition to any other authority of the Secretary to

provide water for flushing flows, the water required to meet the

goal specified in clause (i) shall be acquired through the voluntary

purchase or lease of land, water, or water rights and from the

development of additional storage capability at Lake Cle Elum

provided for in section 1206(a).

(iii) In addition to water required to meet the instream flow

goal specified in clause (i), the System Operations Advisory Committee may recommend additional water to meet instream flow goals

pursuant to judicial actions.

(B) After the period referred to in subparagraph (A), such

instream flow goal is modified as follows:

(i) The goal increases so that the instream target flows

specified in the table in paragraph (1) increase by 50 cubic

feet per second for each 27,000 acre-feet of reduced annual

water diversions achieved through implementation of measures

under the Basin Conservation Program. Such increases do not

apply to actions taken pursuant to section 1204. Such increases

shall not further diminish the amount of water that otherwise

would have been delivered by an entity to its water users

in years of water proration.
S. 1146—34

(ii) The goal changes directly with the availability of water

resulting from Federal expenditures under this title for purchase or lease of water under this title.

(C) The Yakima Project Superintendent shall maintain an

account of funded and completed conservation measures taken

under the Basin Conservation Program.

(D) No later than March 31 of each calendar year, the Yakima

Project Superintendent shall meet with the State of Washington,

Yakama Indian Nation, and Yakima River basin irrigators to mutually determine total diversion reductions and respective adjustments

to the target flows referred to in this subsection. The Yakima

Project Superintendent shall announce such adjustments with the

announcements of Total Water Supply Available. For the purposes

of this subparagraph, conserved water will be considered available

for adjusting target flows in the first year following completion

of a measure or following a result from the post implementation

monitoring and evaluation program, as the case may be.

(5) Operational procedures and processes in the Yakima River

basin which have or may be implemented through judicial actions

shall not be impacted by this title.

(6)(A) Within three years after the date of enactment of this

Act, the Secretary shall conduct a study and submit a report with

recommendations to the appropriate committees of the Congress

on whether the water supply available for irrigation is adequate

to sustain the agricultural economy of the Yakima River basin.

(B) The target flows provided for under this subsection shall

be evaluated within three years after the date of enactment of

this Act by the Systems Operations Advisory Committee for the

purpose of making a report with recommendations to the Secretary

and the Congress evaluating what is necessary to have biologicallybased target flows. (C) The recommendations and reports under subparagraphs (A) and (B) shall provide a basis for the third phase of the Yakima

River Basin Water Enhancement Project. (b) WATER FROM LAKE CLE ELUM.—Water accruing from the

development of additional storage capacity at Lake Cle Elum, made

available pursuant to the modifications authorized in section

1206(a), shall not be part of the Yakima River basin’s water supply

as provided in subsection (a)(1). Water obtained from such development is exclusively dedicated to instream flows for use by the

Yakima Project Superintendent as flushing flows or as otherwise

advised by the System Operations Advisory Committee. Water may

be carried over from year-to-year in the additional capacity to

the extent that there is space available. Releases may be made

from other Yakima Project storage facilities to most effectively

utilize this additional water, except that water deliveries to holders

of existing water rights shall not be impaired.

(c) STATUS OF BASIN CONSERVATION PROGRAM FACILITIES.—

Measures of the Basin Conservation Program which are implemented on facilities currently under the administrative jurisdiction

of the Secretary, except as provided in section 1204, shall be considered features of the Yakima River Basin Water Enhancement

Project, and their operation and maintenance shall be integrated

and coordinated with other features of the existing Yakima Project.

The responsibility for operation and maintenance and the related

costs shall remain with the current operating entity. As appropriate,

the Secretary shall incorporate the operation and maintenance of
S. 1146—35

such facilities into existing agreements. The Secretary shall assure

that such facilities are operated in a manner consistent with Federal

and State law and in accordance with water rights recognized

pursuant to State and Federal law. (d) WATER ACQUIRED BY PURCHASE AND LEASE.—Water

acquired from voluntary sellers and lessors shall be administered

as a block of water separate from the Total Water Supply Available,

in accordance with applicable Federal and State law. (e) YAKIMA PROJECT PURPOSE.—(1) An additional purpose of

the Yakima Project shall be for fish, wildlife, and recreation. (2) The existing storage rights of the Yakima Project shall include storage for the purposes of fish, wildlife, and recreation. (3) The purposes specified in paragraphs (1) and (2) shall not impair the operation of the Yakima Project to provide water for

irrigation purposes nor impact existing contracts.

SEC. 1206. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.

(a) MODIFICATIONS AND IMPROVEMENTS.—There is hereby authorized to be appropriated to the Secretary— (1) at September 1990 prices, plus or minus such amounts

as may be justified by reason of ordinary fluctuation of

applicable indexes, $2,934,000 to— (A) modify the radial gates at Cle Elum Dam to provide an additional 14,600 acre-feet of storage capacity in Lake

Cle Elum,

(B) provide for shoreline protection of Lake Cle Elum,

and

(C) construct juvenile fish passage facilities at Cle Elum Dam, plus

(2) such additional amounts as may be necessary which may be required for environmental mitigation.

(b) OPERATION AND MAINTENANCE APPROPRIATIONS.—There is

hereby authorized to be appropriated to the Secretary such sums

as may be necessary for that portion of the operation and maintenance of Cle Elum Dam determined by the Secretary to be a

Federal responsibility.

SEC. 1207. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA BASIN

TRIBUTARIES.

(a) GENERAL PROVISIONS.—The following shall be applicable to the investigation and implementation of measures to enhance

water supplies for fish and wildlife and irrigation purposes on

tributaries of the Yakima River basin:

(1) An enhancement program authorized by this section undertaken in any tributary shall be contingent upon the agreement of appropriate water right owners to participate. (2) The enhancement program authorized by this section shall not be construed to affect (A) the water rights of any

water right owners in the tributary or other water delivering

entities; (B) the capability of tributary water users to divert,

convey, and apply water; and (C) existing water and land

uses within the tributary area.

(3) The water supply for tributary enhancement shall be

administered in accordance with applicable State and Federal

laws.

(4) Any enhancement program authorized by this section

shall be predicated upon the availability of a dependable water

supply.
S. 1146—36

(b) STUDY.—(1) The Secretary, following consultation with the

State of Washington, the tributary water right owners, and the

Yakama Indian Nation, and agreement of appropriate water right

owners to participate, shall conduct a study concerning the measures that can be implemented to enhance water supplies for fish

and wildlife and irrigation purposes on Taneum Creek, including

(but not limited to)—

(A) water use efficiency improvements;

(B) the conveyance of water from the Yakima Project

through the facilities of any irrigation entity willing to contract

with the Secretary without adverse impact to water users;

(C) the construction, operation, and maintenance of ground

water withdrawal facilities;

(D) contracting with any entity that is willing to voluntarily

limit or forego present water use through lease or sale of

water or water rights on a temporary or permanent basis;

(E) purchase of water rights from willing sellers; and

(F) other measures compatible with the purposes of this

title, including restoration of stream habitats.

(2) In conducting the Taneum Creek study, the Secretary shall

consider—

(A) the hydrologic and environmental characteristics;

(B) the engineering and economic factors relating to each

measure; and

(C) the potential impacts upon the operations of present

water users in the tributary and measures to alleviate such

impacts.

(3) The Secretary shall make available to the public for a

45-day comment period a draft report describing in detail the findings, conclusions, and recommendations of the study. The Secretary

shall consider and include any comment made in developing a

final report. The Secretary’s final report shall be submitted to

the Committee on Energy and Natural Resources of the Senate,

the Committee on Natural Resources of the House of Representatives, and the Governor of the State of Washington, and made

available to the public.

(c) IMPLEMENTATION OF NONSTORAGE MEASURES.—After securing the necessary permits the Secretary may, in cooperation with

the Department of Ecology of the State of Washington and in

accordance with the laws of the State of Washington, implement

nonstorage measures identified in the final report under subsection

(b) upon fulfillment of the following conditions: (1) The Secretary shall enter into an agreement with the

appropriate water right owners who are willing to participate,

the State of Washington, and the Yakama Indian Nation, for

the use and management of the water supply to be provided

by proposed tributary measures pursuant to this section.

(2) The Secretary and the State of Washington find that

the implementation of the proposed tributary measures will

not impair the water rights of any person or entity in the

affected tributary.

(d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—Enhancement

programs similar to the enhancement program authorized by this

section may be investigated and implemented by the Secretary

in other tributaries contingent upon the agreement of the appropriate tributary water right owners to participate. The provisions

set forth in this section shall be applicable to such programs.
S. 1146—37

(e) AUTHORIZATION OF APPROPRIATIONS.—(1) There is hereby

authorized to be appropriated to the Secretary $500,000 for the

study of the Taneum Creek Project and such amount as the Secretary subsequently determines is necessary for implementation

of tributary measures pursuant to this section.

(2) There is also authorized to be appropriated to the Secretary

such funds as are necessary for the investigation of enhancement

programs similar to the enhancement program authorized by this

section in other Yakima River basin tributaries contingent upon

the agreement of the appropriate water right owners to participate.

Funds for the implementation of any such similar enhancement

program may not be appropriated until after the Secretary submits

an investigation report to the appropriate congressional committees.

SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT-OPERATIONS AT PROSSER DIVERSION DAM.

(a) AUTHORIZATION OF APPROPRIATIONS FOR ELECTRIFICATION.—

In order to provide for electrification to enhance instream flows

by eliminating the need to divert water to operate the hydraulic

turbines which pump water to the Kennewick Irrigation District,

there is authorized to be appropriated—

(1) $50,000 to conduct an assessment of opportunities for

alternative pumping plant locations;

(2) $4,000,000 for construction; and

(3) such sums as may be necessary for the prorata share

of the operation and maintenance allocated to fish and wildlife

as determined by the Secretary.

(b) POWER FOR PROJECT PUMPING.—(1) The Administrator of

the Bonneville Power Administration shall provide for project power

needed to effect the electrification as provided in subsection (a).

(2)(A) There is authorized to be appropriated for the Bureau

of Reclamation for each fiscal year in which the Administrator

provides power under this subsection an amount equal to the cost

to the Bonneville Power Administration of providing power under

this subsection during such fiscal year. The rate to be utilized

by the Administrator in determining the cost of power under this

paragraph in a fiscal year shall be the rate for priority firm power

charged by the Bonneville Power Administration in that fiscal year

under section 7(b) of the Pacific Northwest Electric Power Planning

and Conservation Act (16 U.S.C. 839e(b)).

(B) The Bureau of Reclamation shall, using funds appropriated

pursuant to the authorization of appropriations in subparagraph

(A), reimburse the Bonneville Power Administration for the costs

of the project power provided under this subsection. Such funds

shall be available for such purpose without fiscal year limitation.

(c) SUBORDINATION.—Any diversions for hydropower generation

at the Chandler Powerplant shall be subordinated to meet the

flow targets determined under subsection (f).

(d) WATER SUPPLY FOR KENNEWICK IRRIGATION DISTRICT.—

The Secretary shall ensure that the irrigation water supply for

the Kennewick Irrigation District shall not be affected by conservation, electrification, or subordination pursuant to this title and

any reduction in its irrigation water supply resulting from conservation measures adopted or implemented by other entities pursuant

to this title shall be replaced by water developed through subordination, electrification, or a combination of the two.
S. 1146—38

(e) TREATMENT OF CERTAIN FUNDS.—Funds appropriated and

project power provided pursuant to this section shall be

nonreimbursable since such funds are used for fish and wildlife

purposes and such funds are not subject to cost share under section

1203(d).

(f) TARGET FLOWS.—Target flows measured at appropriate biological and hydrological location or locations shall be determined

by the Yakima Project Superintendent in consultation with the

System Operations Advisory Committee.

SEC. 1209. AUGMENTATION OF KACHESS RESERVOIR STORED WATER.

(a) AUTHORIZATION OF APPROPRIATIONS.—In order to augment Kachess Reservoir stored water supplies from flows of Cabin Creek

and Silver Creek which are excess to system demands, there is

authorized to be appropriated— (1) such sums as may be necessary to carry out a feasibility study, including the benefits, costs, and environmental aspects,

of the facility described in paragraph (2); (2) for the construction of facilities to convey such flows to Kachess Reservoir, $20,000,000; and

(3) such sums as may be necessary for the pro rata share of the operation and maintenance allocated to fish and wildlife

determined by the Secretary.

(b) LIMITATION.—Construction of the facilities described in subsection (a)(1) is contingent on the completion of the feasibility

study referred to in subsection (a)(2). (c) USE OF ADDITIONAL WATER.—The stored water supply resulting from the construction of facilities under this section shall

be used by the Secretary to— (1) enhance the water supply available to the Kittitas Rec- lamation District and the Roza Irrigation District in years

of proration; and (2) facilitate reservoir operations in the Easton Dam to

Keechelus Dam reach of the Yakima River for the propagation

of anadromous fish.

(d) TREATMENT OF COSTS.—The construction and operation and

maintenance costs of the facilities under this section shall be allocated to irrigation and fishery enhancement, as follows: (1) The portion of such costs allocated to irrigation is reimbursable, with the construction costs to be paid prior to

initiation of construction by the Kittitas Reclamation District

and the Roza Irrigation District. (2) The portion of such costs allocated to fishery enhance- ment is nonreimbursable.

(e) KACHESS DAM MODIFICATIONS.—There is authorized to be

appropriated $2,000,000 for the modification of the discharge facilities of Kachess Dam to improve reservoir operations for anadromous

fish enhancement. Amounts appropriated under this subsection are

nonreimbursable.

SEC. 1210. INTERIM COMPREHENSIVE BASIN OPERATING PLAN.

(a) DEVELOPMENT.—The Secretary shall, in consultation with

the State of Washington, Yakama Indian Nation, Yakima River

Basin irrigation districts, Bonneville Power Administration, and

other entities as determined by the Secretary, develop an interim

comprehensive operating plan for providing a general framework

within which the Yakima Project Superintendent operates the Yakima Project, including measures implemented under the Yakima
S. 1146—39

River Basin Water Enhancement Project, including (but not limited

to)—

(1) operating capability and constraints of the system;

(2) information on water supply calculations and water

needs;

(3) system operations and stream flow objectives; and

(4) the System Operations Advisory Committee activities.

(b) PROCESS REQUIREMENTS.—A draft of the interim comprehensive basin operating plan shall be completed within 18 months

after the completion of the Basin Conservation Plan under section

1203(f) and, upon completion, published for a 90-day public review

period. The Secretary shall complete and publish the final interim

comprehensive operating plan within 90 days after the close of

the public review period. The Secretary shall update the plan as

needed to respond to decisions from water adjudications relating

to the Yakima River basin.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $100,000 to carry out this section.

SEC. 1211. ENVIRONMENTAL COMPLIANCE.

There are hereby authorized to be appropriated to the Secretary

$2,000,000 for environmental compliance activities including the

conduct, in cooperation with the State of Washington, of an inventory of wildlife and wetland resources in the Yakima River basin

and an investigation of measures, including ‘‘wetland banking’’,

which could be implemented to address potential impacts which

could result from the activities taken under this title.

SEC. 1212. SAVINGS AND CONTINGENCIES.

(a) IN GENERAL.—Nothing in this title shall be construed to— (1) affect or modify any treaty or other right of the Yakama

Indian Nation;

(2) authorize the appropriation or use of water by any

Federal, State, or local agency, the Yakama Indian Nation,

or any other entity or individual; (3) impair the rights or jurisdictions of the United States,

the States, the Yakama Indian Nation, or other entities over

waters of any river or stream or over any ground water

resource;

(4) alter, amend, repeal, interpret, modify, or be in conflict

with any interstate compact made by the States; (5) alter, establish, or impair the respective rights of States,

the United States, the Yakama Indian Nation, or any other

entity or individual with respect to any water or water-related

right;

(6) alter, diminish, or abridge the rights and obligations

of any Federal, State, or local agency, the Yakama Indian

Nation, or other entity, public or private;

(7) affect or modify the rights of the Yakama Indian Nation

or its successors in interest to, and management and regulation

of, those water resources arising or used, within the external

boundaries of the Yakama Indian Reservation;

(8) affect or modify the settlement agreement between the

United States and the State of Washington filed in Yakima

County Superior Court with regard to Federal reserved water

rights other than those rights reserved by the United States

for the benefit of the Yakama Indian Nation and its members;
S. 1146—40

(9) affect or modify the rights of any Federal, State, or

local agency, the Yakama Indian Nation, or any other entity,

public or private with respect to any unresolved and unsettled

claims in any water right adjudications, or court decisions,

including State against Acquavella, or constitute evidence in

any such proceeding in which any water or water related right

is adjudicated; or

(10) preclude other planning studies and projects to accomplish the purposes of this title by other means: funded publicly,

privately, or by a combination of public and private funding.

(b) CONTINGENCY BASED ON APPROPRIATIONS.—The performance of any activity under this title which requires accomplishment

within a specified period that may require appropriation of money

by Congress or the allotment of funds shall be contingent upon

such appropriation or allotment being made.

TITLE XIII—LIMITATION ON APPLICATION OF REQUIREMENT FOR ACQUISITIONS BY UNITED STATES UNDER

MIGRATORY BIRD CONSERVATION

ACT

Section 7 of the Migratory Bird Conservation Act (16 U.S.C.

715f) is amended by inserting ‘‘in fee’’ after ‘‘conveyance’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.