In the House of Representatives, U. S.,

October 3, 1994.

Resolved, That the bill from the Senate (S. 1146) entitled ‘‘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’’, do pass with the

following

AMENDMENT:

Strike out all after the resolving clause and insert:

1 TITLE I—YAVAPAI-PRESCOTT IN2 DIAN TRIBE WATER RIGHTS

3 SETTLEMENT

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Yavapai-Prescott

6 Indian Tribe Water Rights Settlement Act of 1994’’.

7 SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS.

8 (a) FINDINGS.—The Congress finds that—

9 (1) it is the policy of the United States, in ful10 fillment of its trust responsibility to the Indian tribes,

11 to promote Indian self-determination and economic

12 self-sufficiency, and to settle, wherever possible, the

13 water rights claims of Indian tribes without lengthy

14 and costly litigation;
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1 (2) meaningful Indian self-determination and

2 economic self-sufficiency depend on the development of

3 viable Indian reservation economies;

4 (3) quantification of rights to water and develop5 ment of facilities needed to utilize tribal water sup6 plies effectively is essential to the development of via7 ble Indian reservation economies, particularly in arid

8 western States;

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

10 thereto, the United States established a reservation for

11 the Yavapai-Prescott Indian Tribe in Arizona adja12 cent to the city of Prescott;

13 (5) proceedings to determine the full extent of

14 Yavapai-Prescott Tribe’s water rights are currently

15 pending before the Superior Court of the State of Ari16 zona in and for Maricopa County, as part of the gen17 eral adjudication of the Gila River system and source;

18 (6) recognizing that final resolution of the gen19 eral adjudication will take many years and entail

20 great expense to all parties, prolong uncertainty as to

21 the full extent of the Yavapai-Prescott Tribe’s entitle22 ment to water and the availability of water supplies

23 to fulfill that entitlement, and impair orderly plan24 ning and development by the Tribe and the city of

25 Prescott; the Tribe, the city of Prescott, the Chino Val-
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1 ley Irrigation District, the State of Arizona and the

2 United States have sought to settle all claims to water

3 between and among them;

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

5 the city of Prescott, the Chino Valley Irrigation Dis6 trict, the State of Arizona and the United States have

7 negotiated a Settlement Agreement to resolve all water

8 rights claims between and among them, and to pro9 vide the Tribe with long term, reliable water supplies

10 for the orderly development and maintenance of the

11 Tribe’s reservation;

12 (8) pursuant to the Settlement Agreement and

13 the Water Service Agreement, the quantity of water

14 made available to the Yavapai-Prescott Tribe by the

15 city of Prescott and the Chino Valley Irrigation Dis16 trict will be secured, such Agreements will be contin17 ued in perpetuity, and the Tribe’s continued on-res18 ervation use of water for municipal and industrial,

19 recreational and agricultural purposes will be pro20 vided for;

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

22 and to fulfill the trust responsibility of the United

23 States to the Tribe, it is appropriate that the United

24 States participate in the implementation of the Set25 tlement Agreement and assist in firming up the long-
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1 term water supplies of the city of Prescott and the

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

3 utilize fully its water entitlements in developing a di4 verse, efficient reservation economy; and

5 (10) the assignment of the CAP contract of the

6 Yavapai-Prescott Tribe and the CAP subcontract of

7 the city of Prescott is a cost-effective means to ensure

8 reliable, long-term water supplies for the Yavapai9 Prescott Tribe and to promote efficient, environ10 mentally sound use of available water supplies in the

11 Verde River basin.

12 (b) DECLARATION OF PURPOSES.—The Congress de13 clares that the purposes of this title are—

14 (1) to approve, ratify and confirm the Settlement

15 Agreement among the Yavapai-Prescott Tribe, the city

16 of Prescott, the Chino Valley Irrigation District, the

17 State of Arizona and the United States;

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

19 Interior to execute and perform the Settlement Agree20 ment;

21 (3) to authorize the actions and appropriations

22 necessary for the United States to fulfill its legal and

23 trust obligations to the Yavapai-Prescott Tribe as pro24 vided in the Settlement Agreement and this title;
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1 (4) to require that expenditures of funds obtained

2 through the assignment of CAP contract entitlements

3 by the Yavapai-Prescott Tribe and Prescott for the ac4 quisition or development of replacement water sup5 plies in the Verde River basin shall not be inconsist6 ent with the goals of the Prescott Active Management

7 Area, preservation of riparian habitat, flows and

8 biota of the Verde River and its tributaries; and

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

10 628 which authorizes $30,000,000 in appropriations

11 for the acquisition of land and water resources in the

12 Verde River basin and for the development thereof as

13 an alternative source of water for the Fort McDowell

14 Indian Community.

15 SEC. 103. DEFINITIONS.

16 For purposes of this title:

17 (1) The term ‘‘CAP’’ means the Central Arizona

18 Project, a reclamation project authorized under title

19 III of the Colorado River Basin Project Act of 1968

20 (43 U.S.C. 1521 et seq.).

21 (2) The term ‘‘CAWCD’’ means the Central Ari22 zona Water Conservation District, organized under

23 the laws of the State of Arizona, which is the contrac24 tor under a contract with the United States, dated
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1 December 1, 1988, for the delivery of water and re2 payment of costs of the Central Arizona Project.

3 (3) The term ‘‘CVID’’ means the Chino Valley

4 Irrigation District, an irrigation district organized

5 under the laws of the State of Arizona.

6 (4) The term ‘‘Prescott AMA’’ means the Active

7 Management Area, established pursuant to Arizona

8 law and encompassing the Prescott ground water

9 basin, wherein the primary goal is to achieve balance

10 between annual ground water withdrawals and natu11 ral and artificial recharge by the year 2025.

12 (5) The term ‘‘Prescott’’ means the city of Pres13 cott, an Arizona municipal corporation.

14 (6) The term ‘‘Reservation’’ means the reserva15 tion established by the Act of June 7, 1935 (49 Stat.

16 332) and the Act of May 18, 1956 (70 Stat. 157) for

17 the Yavapai-Prescott Tribe of Indians.

18 (7) The term ‘‘Secretary’’ means the Secretary of

19 the United States Department of the Interior.

20 (8) The term ‘‘Settlement Agreement’’ means that

21 agreement entered into by the city of Prescott, the

22 Chino Valley Irrigation District, the Yavapai-Prescott

23 Indian Tribe, the State of Arizona, and the United

24 States, providing for the settlement of all water

25 claims between and among them.
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1 (9) The term ‘‘Tribe’’ means the Yavapai-Pres2 cott Indian Tribe, a tribe of Yavapai Indians duly

3 recognized by the Secretary.

4 (10) The term ‘‘Water Service Agreement’’ means

5 that agreement between the Yavapai-Prescott Indian

6 Tribe and the city of Prescott, as approved by the

7 Secretary, providing for water, sewer, and effluent

8 service from the city of Prescott to the Yavapai9 Prescott Tribe.

10 SEC. 104. RATIFICATION OF SETTLEMENT AGREEMENT.

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

12 extent the Settlement Agreement does not conflict with the

13 provisions of this title, such Agreement is approved, ratified

14 and confirmed. The Secretary shall execute and perform

15 such Agreement, and shall execute any amendments to the

16 Agreement and perform any action required by any amend17 ments to the Agreement which may be mutually agreed

18 upon by the parties.

19 (b) PERPETUITY.—The Settlement Agreement and

20 Water Service Agreement shall include provisions which

21 will ensure that the benefits to the Tribe thereunder shall

22 be secure in perpetuity. Notwithstanding the provisions of

23 section 2103 of the Revised Statutes of the United States

24 (25 U.S.C. 81) relating to the term of the Agreement, the
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1 Secretary is authorized and directed to approve the Water

2 Service Agreement with a perpetual term.

3 SEC. 105. ASSIGNMENT OF CAP WATER.

4 The Secretary is authorized and directed to arrange

5 for the assignment of, or to purchase, the CAP contract of

6 the Tribe and the CAP subcontract of the city of Prescott

7 to provide funds for deposit into the Verde River Basin

8 Water Fund established pursuant to section 106.

9 SEC. 106. REPLACEMENT WATER FUND; CONTRACTS.

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

11 known as the ‘‘Verde River Basin Water Fund’’ (hereinafter

12 called the ‘‘Fund’’) to provide replacement water for the

13 CAP water relinquished by the Tribe and by Prescott. Mon14 eys in the Fund shall be available without fiscal year limi15 tations.

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

17 moneys obtained through the assignment or purchase of the

18 contract and subcontract referenced in section 105, appro19 priations as authorized in section 109, and any moneys re20 turned to the Fund pursuant to subsection (d) of this sec21 tion.

22 (c) PAYMENTS FROM FUND.—The Secretary shall, sub23 sequent to the publication of a statement of findings as pro24 vided in section 112(a), promptly cause to be paid from

25 the Fund to the Tribe the amounts deposited to the Fund
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1 from the assignment or purchase of the Tribe’s CAP con2 tract, and, to the city of Prescott, the amounts deposited

3 to the Fund from the assignment or purchase of the city’s

4 CAP subcontract.

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

6 condition precedent to the payment of any moneys pursuant

7 to subsection (c), that the Tribe and Prescott agree, by con8 tract with the Secretary, to establish trust accounts into

9 which the payments would be deposited and administered,

10 to use such moneys consistent with the purpose and intent

11 of section 107, to provide for audits of such accounts, and

12 for the repayment to the Fund, with interest, any amount

13 determined by the Secretary not to have been used within

14 the purpose and intent of section 107.

15 SEC. 107. EXPENDITURES OF FUNDS.

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

17 relinquishing its CAP subcontract and deposited into a

18 trust account pursuant to section 106(d), shall be used for

19 the purposes of defraying expenses associated with the inves20 tigation, acquisition or development of alternative sources

21 of water to replace the CAP water relinquished under this

22 title. Alternative sources shall be understood to include, but

23 not be limited to, retirement of agricultural land and acqui24 sition of associated water rights, development of ground

25 water resources outside the Prescott Active Management
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1 Area established pursuant to the laws of the State of Ari2 zona, and artificial recharge; except that none of the moneys

3 paid to Prescott may be used for construction or renovation

4 of the city’s existing waterworks or water delivery system.

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

6 relinquishing its CAP contract and deposited into a trust

7 account pursuant to section 106(d), shall be used to defray

8 its water service costs under the Water Service Agreement

9 or to develop and maintain facilities for on-reservation

10 water or effluent use.

11 (c) NO PER CAPITA PAYMENTS.—No amount of the

12 Tribe’s portion of the Fund may be used to make per capita

13 payments to any member of the Tribe, nor may any amount

14 of any payment made pursuant to section 106(c) be distrib15 uted as a dividend or per capita payment to any constitu16 ent, member, shareholder, director or employee of Prescott.

17 (d) DISCLAIMER.—Effective with the payment of funds

18 pursuant to section 106(c), the United States shall not be

19 liable for any claim or cause of action arising from the use

20 of such funds by the Tribe or by Prescott.

21 SEC. 108. ENVIRONMENTAL COMPLIANCE.

22 The Secretary, the Tribe and Prescott shall comply

23 with all applicable Federal environmental and State envi24 ronmental and water laws in developing alternative water

25 sources pursuant to section 107(a). Development of such al-
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1 ternative water sources shall not be inconsistent with the

2 goals of the Prescott Active Management Area, preservation

3 of the riparian habitat, flows and biota of the Verde River

4 and its tributaries.

5 SEC. 109. APPROPRIATIONS AUTHORIZATION AND REPEAL.

6 (a) AUTHORIZATION.—There are authorized to be ap7 propriated to the Fund established pursuant to section

8 106(a):

9 (1) Such sums as may be necessary, but not to

10 exceed $200,000, to the Secretary for the Tribe’s costs

11 associated with judicial confirmation of the settle12 ment.

13 (2) Such sums as may be necessary to establish,

14 maintain and operate the gauging station required

15 under section 111(e).

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

17 contribute $200,000 to the trust account established by the

18 Tribe pursuant to the Settlement Agreement and section

19 106(d) for uses consistent with section 107(b).

20 (c) REPEAL.—Subsection 406(k) of the Act of Novem21 ber 28, 1990 (Public Law 101–628; 104 Stat. 4487) is

22 repealed.

23 SEC. 110. SATISFACTION OF CLAIMS.

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

25 of its members under the Settlement Agreement and this
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1 title shall constitute full and complete satisfaction of all

2 claims by the Tribe and all members’ claims for water

3 rights or injuries to water rights under Federal and State

4 laws (including claims for water rights in ground water,

5 surface water and effluent) from time immemorial to the

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

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

8 water, surface water, and effluent) from and after the effec9 tive date of this title. Nothing in this title shall be deemed

10 to recognize or establish any right of a member of the Tribe

11 to water on the Tribe’s reservation.

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

13 itself and its members, and the Secretary on behalf of the

14 United States, are authorized and required, as a condition

15 to the implementation of this title, to execute a waiver and

16 release, except as provided in subsection (d) and the Settle17 ment Agreement, of all claims of water rights or injuries

18 to water rights (including water rights in ground water,

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

20 of this title, which the Tribe and its members may have,

21 against the United States, the State of Arizona or any agen22 cy or political subdivision thereof, or any other person, cor23 poration, or municipal corporation, arising under the laws

24 of the United States or the State of Arizona.
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1 (c) WAIVER BY UNITED STATES.—Except as provided

2 in subsection (d) and the Settlement Agreement, the United

3 States, in its own right or on behalf of the Tribe, shall not

4 assert any claim against the State of Arizona or any politi5 cal subdivision thereof, or against any other person, cor6 poration, or municipal corporation, arising under the laws

7 of the United States or the State of Arizona based upon

8 water rights or injuries to water rights of the Tribe and

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

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

11 its members.

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

13 claims authorized in subsection (b) of this section do not

14 become effective pursuant to section 112(a), the Tribe, and

15 the United States on behalf of the Tribe, shall retain the

16 right to assert past and future water rights claims as to

17 all reservation lands.

18 (e) JURISDICTION.—The United States District Court

19 for the District of Arizona shall have original jurisdiction

20 of all actions arising under this title, the Settlement Agree21 ment and the Water Service Agreement, including review

22 pursuant to title 9, United States Code, of any arbitration

23 and award under the Water Service Agreement.

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

25 prohibit the Tribe, or the United States on behalf of the
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1 Tribe, from asserting or maintaining any claims for the

2 breach or enforcement of the Settlement Agreement or the

3 Water Service Agreement.

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

5 water rights or claims related to any trust allotment located

6 outside the exterior boundaries of the reservation of any

7 member of the Tribe.

8 (h) FULL SATISFACTION OF CLAIMS.—Payments made

9 to Prescott under this title shall be in full satisfaction for

10 any claim that Prescott might have against the Secretary

11 or the United States related to the allocation, reallocation,

12 relinquishment or delivery of CAP water.

13 SEC. 111. MISCELLANEOUS PROVISIONS.

14 (a) JOINING OF PARTIES.—In the event any party to

15 the Settlement Agreement should file a lawsuit in any Unit16 ed States district court relating only and directly to the

17 interpretation or enforcement of the Settlement Agreement

18 or this title, naming the United States of America or the

19 Tribe as parties, authorization is hereby granted to join the

20 United States of America or the Tribe, or both, in any such

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

22 or the Tribe to sovereign immunity from such suit is hereby

23 waived. In the event Prescott submits a dispute under the

24 Water Service Agreement to arbitration or seeks review by

25 the United States District Court for the District of Arizona
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1 of an arbitration award under the Water Service Agree2 ment, any claim by the Tribe to sovereign immunity from

3 such arbitration or review is hereby waived.

4 (b) NO REIMBURSEMENT.—The United States of

5 America shall make no claims for reimbursement of costs

6 arising out of the implementation of the Settlement Agree7 ment or this title against any lands within the Yavapai8 Prescott Indian Reservation, and no assessment shall be

9 made with regard to such costs against such lands.

10 (c) WATER MANAGEMENT.—The Tribe shall establish

11 a ground water management plan for the Reservation

12 which, except to be consistent with the Water Service Agree13 ment, the Settlement Agreement and this title, will be com14 patible with the ground water management plan in effect

15 for the Prescott Active Management Area and will include

16 an annual information exchange with the Arizona Depart17 ment of Water Resources. In establishing a ground water

18 management plan pursuant to this section, the Tribe may

19 enter into a Memorandum of Understanding with the Ari20 zona Department of Water Resources for consultation. Not21 withstanding any other law, the Tribe may establish a trib22 al water code, consistent with the above-described water

23 management plan, under which the Tribe will manage, reg24 ulate, and control the water resources granted it in the Set25 tlement Act, the Settlement Agreement, and the Water Serv-
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1 ice Agreement, except that such management, regulation

2 and control shall not authorize any action inconsistent with

3 the trust ownership of the Tribe’s water resources.

4 (d) GAUGING STATION.—The Secretary, acting

5 through the Geological Survey, shall establish, maintain

6 and operate a gauging station at the State Highway 89

7 bridge across Granite Creek adjacent to the reservation to

8 assist the Tribe and the CVID in allocating the surface flows

9 from Granite Creek as provided in the Settlement Agree10 ment.

11 SEC. 112. EFFECTIVE DATE.

12 (a) WAIVERS AND RELEASES.—The waivers and re13 leases required by section 110(b) of this title shall become

14 effective as of the date the Secretary causes to be published

15 in the Federal Register a statement of findings that—

16 (1)(A) the Secretary has determined that an ac17 ceptable party, or parties, have executed contracts for

18 the assignments of the Tribe’s CAP contract and the

19 city of Prescott’s CAP subcontract, and the proceeds

20 from the assignments have been deposited into the

21 Fund as provided in section 106(d); or,

22 (B) the Secretary has executed contracts for the

23 acquisition of the Tribe’s CAP contract and the city

24 of Prescott’s CAP subcontract as provided in section

25 106(d);
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1 (2) the stipulation which is attached to the Set2 tlement Agreement as exhibit 9.5, has been approved

3 in substantially the form of such exhibit no later than

4 December 31, 1995;

5 (3) the Settlement Agreement has been modified

6 to the extent it is in conflict with this title and has

7 been executed by the Secretary; and

8 (4) the State of Arizona has appropriated and

9 deposited into the Tribe’s trust account $200,000 as

10 required by the Settlement Agreement.

11 (b) DEADLINE.—If the actions described in paragraphs

12 (1), (2), (3), and (4) of subsection (a) have not occurred

13 by December 31, 1995, any contract between Prescott and

14 the United States entered into pursuant to section 106(d)

15 shall not thereafter be effective, and any funds appropriated

16 by the State of Arizona pursuant to the Settlement Agree17 ment shall be returned by the Tribe to the State of Arizona.

18 SEC. 113. OTHER CLAIMS.

19 (a) OTHER TRIBES.—Nothing in the Settlement Agree20 ment or this title shall be construed in any way to quantify

21 or otherwise adversely affect the land and water rights,

22 claims or entitlements to water of any Arizona Indian tribe,

23 band or community, other than the Tribe.

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

25 be construed to affect the water rights or the water rights
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1 claims of any Federal agency, other than the Bureau of

2 Indian Affairs on behalf of the Tribe.

3 TITLE II—AUBURN INDIAN

4 RESTORATION

5 SEC. 201. SHORT TITLE.

6 This title may be cited as the ‘‘Auburn Indian Restora7 tion Act’’.

8 SEC. 202. RESTORATION OF FEDERAL RECOGNITION,

9 RIGHTS, AND PRIVILEGES.

10 (a) FEDERAL RECOGNITION.—Notwithstanding any

11 other provision of law, Federal recognition is hereby ex12 tended to the Tribe. Except as otherwise provided in this

13 title, all laws and regulations of general application to In14 dians or nations, tribes, or bands of Indians that are not

15 inconsistent with any specific provision of this title shall

16 be applicable to the Tribe and its members.

17 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—Ex18 cept as provided in subsection (d), all rights and privileges

19 of the Tribe and its members under any Federal treaty, Ex20 ecutive order, agreement, or statute, or under any other au21 thority which were diminished or lost under the Act of Au22 gust 18, 1958 (Public Law 85–671), are hereby restored and

23 the provisions of such Act shall be inapplicable to the Tribe

24 and its members after the date of enactment of this title.
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1 (c) FEDERAL SERVICES AND BENEFITS.—Notwith2 standing any other provision of law and without regard

3 to the existence of a reservation, the Tribe and its members

4 shall be eligible, on and after the date of enactment of this

5 title, for all Federal services and benefits furnished to feder6 ally recognized Indian tribes or their members. In the case

7 of Federal services available to members of federally recog8 nized Indian tribes residing on a reservation, members of

9 the Tribe residing in the Tribe’s service area shall be deemed

10 to be residing on a reservation.

11 (d) HUNTING, FISHING, TRAPPING, AND WATER

12 RIGHTS.—Nothing in this title shall expand, reduce, or af13 fect in any manner any hunting, fishing, trapping, gather14 ing, or water right of the Tribe and its members.

15 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

16 The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be

17 applicable to the Tribe and its members.

18 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe19 cifically provided in this title, nothing in this title shall

20 alter any property right or obligation, any contractual

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

22 SEC. 203. ECONOMIC DEVELOPMENT.

23 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec24 retary shall—
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1 (1) enter into negotiations with the governing

2 body of the Tribe with respect to establishing a plan

3 for economic development for the Tribe;

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

5 than 2 years after the adoption of a tribal constitu6 tion as provided in section 107, develop such a plan;

7 and

8 (3) upon the approval of such plan by the gov9 erning body of the Tribe, submit such plan to the

10 Congress.

11 (b) RESTRICTIONS.—Any proposed transfer of real

12 property contained in the plan developed by the Secretary

13 under subsection (a) shall be consistent with the require14 ments of section 104.

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

16 (a) LANDS TO BE TAKEN IN TRUST.—The Secretary

17 shall accept any real property located in Placer County,

18 California, for the benefit of the Tribe if conveyed or other19 wise transferred to the Secretary if, at the time of such con20 veyance or transfer, there are no adverse legal claims on

21 such property, including outstanding liens, mortgages, or

22 taxes owed. The Secretary may accept any additional acre23 age in the Tribe’s service area pursuant to the authority

24 of the Secretary under the Act of June 18, 1934 (25 U.S.C.

25 461 et seq.).
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1 (b) FORMER TRUST LANDS OF THE AUBURN

2 RANCHERIA.—Subject to the conditions specified in this sec3 tion, real property eligible for trust status under this section

4 shall include fee land held by the White Oak Ridge Associa5 tion, Indian owned fee land held communally pursuant to

6 the distribution plan prepared and approved by the Bureau

7 of Indian Affairs on August 13, 1959, and Indian owned

8 fee land held by persons listed as distributees or dependent

9 members in such distribution plan or such distributees’ or

10 dependent members’ Indian heirs or successors in interest.

11 (c) LANDS TO BE PART OF THE RESERVATION.—Sub12 ject to the conditions imposed by this section, any real prop13 erty conveyed or transferred under this section shall be

14 taken in the name of the United States in trust for the Tribe

15 or, as applicable, an individual member of the Tribe, and

16 shall be part of the Tribe’s reservation.

17 SEC. 205. MEMBERSHIP ROLLS.

18 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

19 Within 1 year after the date of the enactment of this title,

20 the Secretary shall, after consultation with the Tribe, com21 pile a membership roll of the Tribe.

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

23 constitution is adopted pursuant to section 207, an individ24 ual shall be placed on the membership roll if the individual

25 is living, is not an enrolled member of another federally
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1 recognized Indian tribe, is of United Auburn Indian Com2 munity ancestry, possesses at least one-eighth or more of

3 Indian blood quantum, and if—

4 (A) the individual’s name was listed on the Au5 burn Indian Rancheria distribution roll compiled

6 and approved by the Bureau of Indian Affairs on Au7 gust 13, 1959, pursuant to Public Law 85–671;

8 (B) the individual was not listed on, but met the

9 requirements that had to be met to be listed on, the

10 Auburn Indian Rancheria distribution list compiled

11 and approved by the Bureau of Indian Affairs on Au12 gust 13, 1959, pursuant to Public Law 85–671; or

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

14 individual, living or dead, identified in subparagraph

15 (A) or (B).

16 (2) After adoption of a tribal constitution pursuant

17 to section 207, such tribal constitution shall govern member18 ship in the Tribe, except that in addition to meeting any

19 other criteria imposed in such tribal constitution, any per20 son added to the membership roll shall be of United Auburn

21 Indian Community ancestry and shall not be an enrolled

22 member of another federally recognized Indian tribe.

23 (c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN

24 COMMUNITY ANCESTRY.—For the purpose of subsection (b),

25 the Secretary shall accept any available evidence establish-
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1 ing United Auburn Indian Community ancestry. The Sec2 retary shall accept as conclusive evidence of United Auburn

3 Indian Community ancestry information contained in the

4 Auburn Indian Rancheria distribution list compiled by the

5 Bureau of Indian Affairs on August 13, 1959.

6 SEC. 206. INTERIM GOVERNMENT.

7 Until a new tribal constitution and bylaws are adopt8 ed and become effective under section 207, the Tribe’s gov9 erning body shall be an Interim Council. The initial mem10 bership of the Interim Council shall consist of the members

11 of the Executive Council of the Tribe on the date of the en12 actment of this title, and the Interim Council shall continue

13 to operate in the manner prescribed for the Executive Coun14 cil under the tribal constitution adopted July 20, 1991, as

15 long as such constitution is not contrary to Federal law.

16 Any new members filling vacancies on the Interim council

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

18 and be elected in the same manner as are Executive Council

19 members under the tribal constitution adopted July 20,

20 1991.

21 SEC. 207. TRIBAL CONSTITUTION.

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

23 completion of the tribal membership roll under section

24 205(a) and upon the written request of the Interim Council,

25 the Secretary shall conduct, by secret ballot, an election for
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1 the purpose of adopting a constitution and bylaws for the

2 Tribe. The election shall be held according to section 16 of

3 the Act of June 18, 1934 (25 U.S.C. 476), except that absen4 tee balloting shall be permitted regardless of voter residence.

5 (b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—

6 Not later than 120 days after the Tribe adopts a constitu7 tion and bylaws under subsection (a), the Secretary shall

8 conduct an election by secret ballot for the purpose of elect9 ing tribal officials as provided in such tribal constitution.

10 Such election shall be conducted according to the procedures

11 specified in subsection (a) except to the extent that such pro12 cedures conflict with the tribal constitution.

13 SEC. 208. DEFINITIONS.

14 For purposes of this title:

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

16 Indian Community of the Auburn Rancheria of Cali17 fornia.

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

19 the Interior.

20 (3) The term ‘‘Interim Council’’ means the gov21 erning body of the Tribe specified in section 206.

22 (4) The term ‘‘member’’ means those persons

23 meeting the enrollment criteria under section 205(b).

24 (5) The term ‘‘State’’ means the State of Califor25 nia.
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1 (6) The term ‘‘reservation’’ means those lands ac2 quired and held in trust by the Secretary for the bene3 fit of the Tribe pursuant to section 204.

4 (7) The term ‘‘service area’’ means the counties

5 of Placer, Nevada, Yuba, Sutter, El Dorado, and Sac6 ramento, in the State of California.

7 SEC. 209. REGULATIONS.

8 The Secretary may promulgate such regulations as

9 may be necessary to carry out the provisions of this title.

10 TITLE III—CENTRAL UTAH

11 PROJECT

12 SEC. 301. APPLICATION OF THE WARREN ACT.

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

14 (1) enter into contracts with private entities

15 pursuant to the Act of February 21, 1911 (commonly

16 known as the ‘‘Warren Act’’) (36 Stat. 925 et seq.,

17 chapter 141; 43 U.S.C. 523 et seq.), for the impound18 ing, storage, and carriage of nonproject water for do19 mestic, municipal, fish and wildlife, industrial, and

20 other beneficial purposes, using any facilities associ21 ated with the Central Utah Project, Utah; and

22 (2) enter into agreements, under terms and con23 ditions authorized for contracts under such Act, with

24 appropriate officials of other Federal agencies, mu25 nicipalities, public water districts and agencies, and
26

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1 States for impounding, storage, and carriage of

2 nonproject water for purposes described in paragraph

3 (1) using facilities referred to in such paragraph.

4 (b) NONPROJECT WATER DEFINED.—In subsection

5 (a), the term ‘‘nonproject water’’ means water that is not

6 from a Federal Reclamation project.

7 SEC. 302. UTAH RECLAMATION MITIGATION AND CON8 SERVATION COMMISSION.

9 Section 301(d) of Public Law 102–575 (106 Stat.

10 4626) is amended by adding the following new paragraph

11 at the end:

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

13 Board of Directors of the District may serve as a member

14 of the Commission.’’.

15 TITLE IV—MOUNTAIN PARK

16 PROJECT

17 SEC. 401. SHORT TITLE.

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

19 Act of 1994’’.

20 SEC. 402. MODIFICATION OF MOUNTAIN PARK PROJECT.

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

22 ‘‘An Act to authorize the Secretary of the Interior to con23 struct, operate, and maintain the Mountain Park reclama24 tion project, Oklahoma, and for other purposes’’ (Public

25 Law 90–503; 82 Stat. 853) is amended by striking out ‘‘and
27

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1 controlling floods.’’ and inserting in lieu thereof ‘‘control2 ling floods, and environmental quality activities. As used

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

4 any activity that primarily benefits the quality of natural

5 environmental resources.’’.

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

7 further amended by adding at the end the following new

8 section:

9 ‘‘SEC. 7. (a)(1) Not later than 180 days after the date

10 of enactment of the Mountain Park Project Act of 1994, the

11 Secretary of the Interior (referred to in this section as the

12 ‘Secretary’) shall—

13 ‘‘(A) conduct appropriate investigations to deter14 mine environmental quality activities that could be

15 carried out for the Mountain Park project; and

16 ‘‘(B) on the basis of the determination made

17 under subparagraph (A), make an appropriate

18 reallocation of the costs of the project under sections

19 2 and 3 (referred to in this section as ‘project costs’)

20 to accommodate the environmental quality activities

21 that the Secretary authorizes pursuant to this sub22 section.

23 ‘‘(2) In conducting investigations under this sub24 section, the Secretary shall examine the benefits to natural

25 environmental resources achievable from an environmental
28

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1 quality activity that requires reallocating water or using

2 facilities or land of the Mountain Park project, including

3 any of the following activities:

4 ‘‘(A) Developing in-stream flows.

5 ‘‘(B) Developing wetland habitat.

6 ‘‘(C) Any other environmental quality activity

7 that the Secretary determines to be appropriate to

8 benefit the overall quality of the environment.

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

10 subsection (a)(2), the Secretary shall carry out the follow11 ing:

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

13 of project costs in conformance with subsection

14 (a)(1)(B).

15 ‘‘(B) Negotiations with the Mountain Park Mas16 ter Conservancy District (referred to in this section as

17 the ‘District’) to amend the contract executed by the

18 District pursuant to this Act to adjust the obligation

19 of the District to repay project costs, as described in

20 section 2, to reflect the reallocation of

21 nonreimbursable project costs.

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

23 associated with an environmental quality activity specified

24 by the Secretary pursuant to subsection (a)(2) shall be

25 nonreimbursable project costs.
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1 ‘‘(c)(1) Notwithstanding any other provision of this

2 Act, the Secretary is authorized to accept prepayment of

3 the repayment obligation of the District for the reimburs4 able construction costs of the project allocated to municipal

5 and industrial water supply for the city of Altus, Okla6 homa, the city of Frederick, Oklahoma, or the city of Sny7 der, Oklahoma (or any combination thereof), and, upon re8 ceipt of such prepayment, the District’s obligation to the

9 United States shall be reduced by the amount of such costs,

10 and any security held therefor, shall be released by the Sec11 retary.

12 ‘‘(2) Any prepayment made pursuant to subsection

13 (c)(1) shall realize to the United States an amount cal14 culated by discounting the remaining repayment obligation

15 by the interest rate determined in accordance with sub16 section (d).

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

18 the interest rate in accordance with the guidelines set forth

19 in Circular A–129 issued by the Office of Management and

20 Budget and the Department of Treasury Financial Manual.

21 In determining the interest rate, the Secretary shall con22 sider the price of the District’s obligation if it were to be

23 sold on the open market to a third party.

24 ‘‘(2) If the District uses tax-exempt financing to fi25 nance a prepayment under subsection (c)(1), then the inter-
30

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1 est rate by which the Secretary discounts the remaining

2 payments due on the District’s obligation shall be adjusted

3 by an amount that compensates the United States for the

4 direct or indirect loss of future tax revenues.

5 ‘‘(e) Notwithstanding any payment made by the Dis6 trict pursuant to this section or pursuant to any contract

7 with the Secretary, title to the project facilities shall remain

8 with the United States.’’.

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

10 Projects Authorization and Adjustment Act of 1992 (Public

11 Law 102–575; 106 Stat. 4698) is repealed.

12 TITLE V—SAN ANGELO FEDERAL

13 RECLAMATION PROJECT

14 SEC. 501. INCREASE IN IRRIGABLE ACREAGE.

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

16 ‘‘An Act to provide for the construction by the Secretary

17 of the Interior of the San Angelo Federal reclamation

18 project, Texas, and for other purposes’’, approved August

19 16, 1957 (71 Stat. 372), is amended by striking ‘‘ten thou20 sand acres’’ and inserting ‘‘fifteen thousand acres’’.

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

22 Interior is authorized to amend contract numbered 14–06–

23 500–369 to reflect the amendment made by subsection (a),

24 except that such amendment shall not be construed to re25 quire a change in the proportionate amount of all remain-
31

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1 ing payments due and payable to the United States by Tom

2 Green County Water Control Improvement District No. 1.

3 TITLE VI—SHOSHONE FEDERAL

4 RECLAMATION PROJECT

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

6 DISTRICT.

7 The Secretary of the Interior shall convey, by quit

8 claim deed, to the Big Horn County School District, Wyo9 ming, all right, title, and interest of the United States in

10 and to the following described lands in Big Horn County,

11 Wyoming: Lot 18 of Block 22, Lots 1–6 of Block 25, all

12 of Block 21, and all within the town of Frannie, Wyoming,

in the S1⁄2NW1⁄4NW1⁄4 and N1⁄2SW1⁄4NW1 13 ⁄4 of T. 58N., R.

14 97 W., Big Horn County.

15 TITLE VII—LAKE POWELL

16 SEC. 701. ELIMINATION OF 24-HOUR RESTRICTION.

17 The second sentence of section 104(c) of the Reclama18 tion Development Act of 1974 (Public Law 93–493; 88 Stat.

19 1488) is amended by striking ‘‘or three million gallons of

20 water in any twenty-four-hour period,’’.

21 TITLE VIII—MNI WICONI RURAL

22 WATER SUPPLY PROJECT

23 SEC. 801. SHORT TITLE.

24 This title may be cited as the ‘‘Mni Wiconi Act Amend25 ments of 1994’’.
32

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1 SEC. 802. REFERENCE.

2 Whenever in this title a section or other provision is

3 amended or repealed, such amendment or repeal shall be

4 considered to be made to that section or other provision of

5 the Mni Wiconi Project Act of 1988 (102 Stat. 2566).

6 SEC. 803. FINDINGS AND PURPOSES.

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

8 2566) is amended—

9 (1) in paragraph (1), by striking ‘‘Reservation’’

10 and inserting ‘‘Reservation, Rosebud Indian Reserva11 tion, and Lower Brule Indian Reservation’’;

12 (2) by redesignating paragraphs (3), (4), and (5)

13 as paragraphs (4), (5), and (6), respectively, and by

14 inserting after paragraph (2) the following new para15 graph:

16 ‘‘(3) the lack of water supplies on the Rosebud

17 Reservation and Lower Brule Reservation restrict ef18 forts to promote economic development on those res19 ervations;’’;

20 (3) in paragraph (5), as redesignated by para21 graph (2) of this subsection, by striking ‘‘Reserva22 tion;’’ and inserting ‘‘Reservation, Rosebud Indian

23 Reservation, and Lower Brule Indian Reservation;’’;

24 and

25 (4) in paragraph (6), as redesignated by para26 graph (2) of this subsection, by inserting ‘‘Rosebud
33

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1 Indian Reservation and Lower Brule Indian Reserva2 tion,’’ after ‘‘Reservation,’’.

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

4 2566) is amended by inserting ‘‘, Rosebud Indian Reserva5 tion, and Lower Brule Indian Reservation’’ after ‘‘Reserva6 tion’’ each place it appears.

7 SEC. 804. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.

8 (a) AUTHORIZATION.—Subsection (a) of section 3 (102

9 Stat. 2567) is amended—

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

11 striking ‘‘1988.’’ and inserting ‘‘1988, and as more

12 specifically described in the Final Engineering Re13 port dated May, 1993.’’; and

14 (2) by amending paragraph (3) to read as fol15 lows:

16 ‘‘(3) facilities to allow for interconnections with

17 the West River Rural Water System, Lyman-Jones

18 Rural Water System, Rosebud Sioux Rural Water

19 System, and Lower Brule Sioux Rural Water Sys20 tem;’’.

21 (b) CONSTRUCTION REQUIREMENTS.—Subsection (d)

22 of such section (102 Stat. 2568) is amended—

23 (1) by striking ‘‘West River Rural Water Sys24 tem, and the Lyman-Jones Rural Water System,’’;

25 and by inserting ‘‘West River Rural Water System,
34

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1 the Lyman-Jones Rural Water System, the Rosebud

2 Sioux Rural Water System, and the Lower Brule

3 Sioux Rural Water System,’’; and

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

5 ‘‘five systems authorized under this Act’’.

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

7 (102 Stat. 2568) is amended by inserting ‘‘or encumbered’’

8 after ‘‘transferred’’.

9 SEC. 805. WEST RIVER RURAL WATER SYSTEM AND LYMAN10 JONES RURAL WATER SYSTEM.

11 Section 4(a) of the Act is amended—

12 (1) in paragraph (2), by striking out ‘‘65 per

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

14 and

15 (2) in paragraph (3), by striking out ‘‘35 per

16 centum’’ and inserting in lieu thereof ‘‘20 percent’’.

17 SEC. 806. ROSEBUD SIOUX RURAL WATER SYSTEM AND

18 LOWER BRULE SIOUX RURAL WATER SYSTEM.

19 The Act is amended by inserting after section 3 the

20 following:

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

22 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

23 and directed to plan, design, construct, operate, maintain,

24 and replace a municipal, rural, and industrial water sys25 tem, to be known as the Rosebud Sioux Rural Water Sys-
35

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1 tem, as generally described in the Rosebud Sioux Tribe Mu2 nicipal, Rural and Industrial Water Needs Assessment,

3 dated July 1993, and the Final Engineering Report for the

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

5 The Rosebud Sioux Rural Water system shall consist of—

6 ‘‘(1) necessary pumping and treatment facilities;

7 ‘‘(2) pipelines extending from the points of inter8 connections with the Oglala Sioux Rural Water Sys9 tem to the Rosebud Indian Reservation;

10 ‘‘(3) facilities to allow for interconnections with

11 the Lyman-Jones Rural Water Supply System;

12 ‘‘(4) distribution and treatment facilities to serve

13 the needs of the Rosebud Indian Reservation, and

14 other areas described in the Rosebud Sioux Tribe Mu15 nicipal, Rural and Industrial Water Needs Assess16 ment, dated July 1993, including (but not limited to)

17 the purchase, improvement and repair of existing

18 water systems, including systems owned by individual

19 tribal members and other residents of the Rosebud In20 dian Reservation;

21 ‘‘(5) appurtenant buildings and property rights;

22 ‘‘(6) necessary property and property rights;

23 ‘‘(7) electrical power transmission and distribu24 tion facilities necessary for services to water systems

25 facilities; and
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1 ‘‘(8) such other pipelines, pumping plants, and

2 facilities as the Secretary deems necessary and appro3 priate to meet the water supply, economic, public

4 health, and environmental needs of the reservation,

5 including (but not limited to) water storage tanks,

6 water lines, and other facilities for the Rosebud Sioux

7 Tribe and reservation villages, towns, and munici8 palities.

9 ‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO

10 PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN THE

11 ROSEBUD SIOUX RURAL WATER SUPPLY SYSTEM.—

12 ‘‘(1) In carrying out subsection (a), the Sec13 retary, with the concurrence of the Rosebud Sioux

14 Tribal Council, shall enter into cooperative agree15 ments with the appropriate non-Federal entity or en16 tities for planning, designing, constructing, operating,

17 maintaining, and replacing the Rosebud Sioux Rural

18 Water System.

19 ‘‘(2) Such cooperative agreements shall set forth,

20 in a manner acceptable to the Secretary—

21 ‘‘(A) the responsibilities of the parties for

22 needs assessment, feasibility, and environmental

23 studies; engineering and design; construction;

24 water conservation measures; and administra-
37

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1 tion of any contracts with respect to this sub2 paragraph;

3 ‘‘(B) the procedures and requirements for

4 approval and acceptance of such design and con5 struction; and

6 ‘‘(C) the rights, responsibilities, and liabil7 ities of each party to the agreement.

8 ‘‘(3) Such cooperative agreements may include

9 purchase, improvement, and repair of existing water

10 systems, including systems owned by individual tribal

11 members and other residents located on the Rosebud

12 Indian Reservation.

13 ‘‘(4) The Secretary may unilaterally terminate

14 any cooperative agreement entered into pursuant to

15 this section if the Secretary determines that the qual16 ity of construction does not meet all standards estab17 lished for similar facilities constructed by the Sec18 retary or that the operation and maintenance of the

19 system does not meet conditions acceptable to the Sec20 retary for fulfilling the obligations of the United

21 States to the Rosebud Sioux Tribe.

22 ‘‘(5) Upon execution of any cooperative agree23 ment authorized under this section, the Secretary is

24 authorized to transfer to the appropriate non-Federal

25 entity, on a nonreimbursable basis, the funds author-
38

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1 ized to be appropriated by section 10(a) for the Rose2 bud Sioux Rural Water System.

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

4 Sioux Rural Water System shall extend to all of Todd

5 County, South Dakota, and to all other territory and lands

6 generally described in the Rosebud Sioux Tribe Municipal,

7 Rural and Industrial Water Needs Assessment, dated July

8 1993 and the Final Engineering Report for the Mni Wiconi

9 Rural Water Supply Project dated May 1993.

10 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pumping

11 plants, pipelines, treatment facilities, and other appur12 tenant facilities for the Rosebud Sioux Rural Water System

13 shall be planned and constructed to a size sufficient to meet

14 the municipal, rural and industrial water supply require15 ments of the Rosebud Sioux Tribe and the Lyman-Jones

16 Rural Water System, as generally described in the Rosebud

17 Sioux Tribe Municipal, Rural and Industrial Water Needs

18 Assessment, dated July 1993, and the Final Engineering

19 Report for the Mni Wiconi Rural Water Supply Project

20 dated May, 1993, taking into account the effects of the con21 servation plans described in section 5. The Rosebud Rural

22 Water System and Lyman-Jones Rural Water System may

23 be interconnected and provided with water service from

24 common facilities. Any joint costs associated with common
39

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1 facilities shall be allocated to the Rosebud Sioux Rural

2 Water System.

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

4 Rural Water System shall be held in trust for the Rosebud

5 Sioux Tribe by the United States and shall not be trans6 ferred or encumbered without a subsequent Act of Congress.

7 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au8 thorized and directed to provide such technical assistance

9 as may be necessary to the Rosebud Sioux Tribe to plan,

10 develop, construct, operate, maintain, and replace the Rose11 bud Sioux Rural Water System, including (but not limited

12 to) operation and management training.

13 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETERMINA14 TION ACT.—Planning, design, construction, and operation

15 of the Rosebud Sioux Rural Water System shall be subject

16 to the provisions of the Indian Self-Determination Act

17 (Public Law 93–638, 25 U.S.C. 450).

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

19 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

20 and directed to plan, design, construct, operate, maintain,

21 and replace a municipal, rural, and industrial water sys22 tem, to be known as the Lower Brule Sioux Rural Water

23 System, as generally described in the Final Engineering

24 Report for the Mni Wiconi Rural Water Supply Project,
40

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1 dated May 1993. The Lower Brule Sioux Rural Water Sys2 tem shall consist of—

3 ‘‘(1) necessary pumping and treatment facilities;

4 ‘‘(2) pipelines extending from the points of inter5 connections with the Oglala Sioux Rural Water Sup6 ply System to the Lower Brule Indian Reservation;

7 ‘‘(3) facilities to allow for interconnections with

8 the Lyman-Jones Rural Water Supply System;

9 ‘‘(4) distribution and treatment facilities to serve

10 the needs of the Lower Brule Indian Reservation, in11 cluding (but not limited to) the purchase, improve12 ment and repair of existing water systems, including

13 systems owned by individual tribal members and

14 other residents of the Lower Brule Indian Reserva15 tion;

16 ‘‘(5) appurtenant buildings and property rights;

17 ‘‘(6) necessary property and property rights;

18 ‘‘(7) electrical power transmission and distribu19 tion facilities necessary for services to water systems

20 facilities; and

21 ‘‘(8) such other pipelines, pumping plants, and

22 facilities as the Secretary deems necessary and appro23 priate to meet the water supply, economic, public

24 health, and environmental needs of the reservation,

25 including (but not limited to) water storage tanks,
41

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1 water lines, and other facilities for the Lower Brule

2 Sioux Tribe and reservation villages, towns and mu3 nicipalities.

4 ‘‘(b) AGREEMENT WITH NON-FEDERAL ENTITY TO

5 PLAN, DESIGN, CONSTRUCT, OPERATE AND MAINTAIN THE

6 LOWER BRULE SIOUX RURAL WATER SUPPLY SYSTEM.—

7 ‘‘(1) In carrying out subsection (a), the Sec8 retary, with the concurrence of the Lower Brule Sioux

9 Tribal Council, shall enter into cooperative agree10 ments with the appropriate non-Federal entity or en11 tities for planning, designing, constructing, operating,

12 maintaining, and replacing the Lower Brule Sioux

13 Rural Water System.

14 ‘‘(2) Such cooperative agreements shall set forth,

15 in a manner acceptable to the Secretary—

16 ‘‘(A) the responsibilities of the parties for

17 needs assessment, feasibility, and environmental

18 studies; engineering and design, construction;

19 water conservation measures; and administra20 tion of any contracts with respect to this sub21 paragraph;

22 ‘‘(B) the procedures and requirements for

23 approval and acceptance of such design and con24 struction; and
42

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1 ‘‘(C) the rights, responsibilities, and liabil2 ities of each party to the agreement.

3 ‘‘(3) Such cooperative agreements may include

4 purchase, improvement, and repair of existing water

5 systems, including systems owned by individual tribal

6 members and other residents located on the Lower

7 Brule Indian Reservation.

8 ‘‘(4) The Secretary may unilaterally terminate

9 any cooperative agreement entered into pursuant to

10 this section if the Secretary determines that the qual11 ity of construction does not meet all standards estab12 lished for similar facilities constructed by the Sec13 retary or that the operation and maintenance of the

14 system does not meet conditions acceptable to the Sec15 retary for fulfilling the obligations of the United

16 States to the Lower Brule Sioux Tribe.

17 ‘‘(5) Upon execution of any cooperative agree18 ment authorized under this section, the Secretary is

19 authorized to transfer to the appropriate non-Federal

20 entity, on a nonreimbursable basis, the funds author21 ized to be appropriated by section 10(a) for the Lower

22 Brule Sioux Rural Water System.

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

24 Brule Sioux Rural Water System shall be the boundaries

25 of the Lower Brule Indian Reservation.
43

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1 ‘‘(d) CONSTRUCTION REQUIREMENTS.—The pumping

2 plants, pipelines, treatment facilities, and other appur3 tenant facilities for the Lower Brule Sioux Rural Water

4 System shall be planned and constructed to a size sufficient

5 to meet the municipal, rural, and industrial water supply

6 requirements of the Lower Brule Sioux Tribe and the

7 Lyman-Jones Rural Water System, as generally described

8 in the Final Engineering Report of the Mni Wiconi Rural

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

10 the effects of the conservation plans described in section 5.

11 The Lower Brule Sioux Rural Water System and Lyman12 Jones Rural Water System may be interconnected and pro13 vided with water service from common facilities. Any joint

14 costs associated with common facilities shall be allocated

15 to the Lower Brule Sioux Rural Water System.

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

17 Sioux Rural Water System shall be held in trust for the

18 Lower Brule Sioux Tribe by the United States and shall

19 not be transferred or encumbered without a subsequent Act

20 of Congress.

21 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary is au22 thorized and directed to provide such technical assistance

23 as may be necessary to the Lower Brule Sioux Tribe to

24 plan, develop, construct, operate, maintain, and replace the
44

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1 Lower Brule Sioux Rural Water System, including (but not

2 limited to) operation and management training.

3 ‘‘(g) APPLICATION OF THE INDIAN SELF-DETERMINA4 TION ACT.—Planning, design, construction, and operation

5 of the Lower Brule Sioux Rural Water System shall be sub6 ject to the provisions of the Indian Self-Determination Act

7 (Public Law 93–638, 25 U.S.C. 450).’’.

8 SEC. 807. WEST RIVER RURAL WATER SYSTEM AND LYMAN9 JONES RURAL WATER SYSTEM.

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

11 Stat. 2569) is amended by striking the period at the end

12 thereof and inserting ‘‘, and Final Engineering Report

13 dated May 1993.’’.

14 (b) INTERCONNECTION OF FACILITIES AND WAIVER OF

15 CHARGES.—Section 4 of the Act (102 Stat. 2568) is amend16 ed by redesignating subsection (f) as subsection (g) and in17 serting after subsection (e) the following new subsection:

18 ‘‘(f) INTERCONNECTION OF FACILITIES AND WAIVER

19 OF CHARGES.—The Secretary is authorized to interconnect

20 the Lyman-Jones Rural Water System, and the West River

21 Rural Water System, with each of the other systems author22 ized under this Act, and to provide for the delivery of water

23 to the West River Rural Water System, and Lyman-Jones

24 Rural Water System, without charge or cost, from the Mis25 souri River and through common facilities of the Oglala
45

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1 Sioux Rural Water Supply System, Rosebud Rural Water

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

3 SEC. 808. WATER CONSERVATION.

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

5 striking ‘‘The non-Federal parties (including the Oglala

6 Sioux Tribe)’’ and inserting ‘‘Each non-Federal party (in7 cluding the Oglala Sioux Tribe, Rosebud Sioux Tribe, and

8 Lower Brule Sioux Tribe)’’.

9 SEC. 809. MITIGATION OF FISH AND WILDLIFE LOSSES.

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

11 (1) in subsection (a)—

12 (A) by inserting ‘‘, ROSEBUD SIOUX RURAL

13 WATER SUPPLY SYSTEM, LOWER BRULE SIOUX

14 RURAL WATER SUPPLY SYSTEM,’’ after ‘‘SUPPLY

15 SYSTEM’’; and

16 (B) by inserting ‘‘Rosebud Sioux Rural

17 Water Supply System, Lower Brule Sioux Rural

18 Water Supply System,’’ after ‘‘Supply System,’’;

19 and

20 (2) in subsection (b)—

21 (A) by inserting ‘‘, all Indian tribes resid22 ing on reservations within the State of South

23 Dakota,’’ after ‘‘South Dakota’’;

24 (B) by inserting ‘‘and terrestrial’’ after

25 ‘‘wildlife’’;
46

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1 (C) by striking ‘‘Such plans’’ and inserting

2 ‘‘Such recommendations’’; and

3 (D) by adding at the end the following:

4 ‘‘The Indian tribes shall be afforded an opportunity to re5 view and concur within any recommendations affecting

6 their reservations before they are submitted to Congress.’’.

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

8 PURPOSES.

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

10 striking ‘‘Supply System,’’ and inserting ‘‘Supply System,

11 the Rosebud Sioux Rural Water Supply System, the Lower

12 Brule Rural Water Supply System,’’.

13 SEC. 811. RULE OF CONSTRUCTION.

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

15 (1) by inserting ‘‘, Rosebud Sioux Tribe, and

16 Lower Brule Sioux Tribe’’ after ‘‘Tribe’’; and

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

18 ‘‘construct, maintain, or replace’’.

19 SEC. 812. USE OF PICK-SLOAN POWER.

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

21 Stat. 2570) is amended by striking ‘‘sections 3’’ and insert22 ing ‘‘sections 3, 3A, 3B,’’.

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

24 Stat. 2571) is amended by striking ‘‘Supply System,’’ and

25 inserting ‘‘Supply System, the Rosebud Sioux Rural Water
47

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1 Supply System, the Lower Brule Sioux Rural Water Sup2 ply System,’’.

3 SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

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

5 read as follows:

6 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) PLANNING, DESIGN, AND CONSTRUCTION.—There

8 are authorized to be appropriated $263,241,000 for the

9 planning, design, and construction of the Oglala Sioux

10 Rural Water Supply System, the Rosebud Sioux Rural

11 Water Supply System, the Lower Brule Sioux Rural Water

12 Supply System, the West River Rural Water Supply Sys13 tem, and the Lyman-Jones Rural Water Supply System de14 scribed in sections 3, 3A, 3B, and 4. Such funds are author15 ized to be appropriated only through the end of the year

16 2003. The funds authorized to be appropriated by the first

17 sentence of this section, less any amounts previously obli18 gated for the Systems, may be increased or decreased by

19 such amounts as may be justified by reason of ordinary

20 fluctuations in development costs incurred after October 1,

21 1992, as indicated by engineering costs indices applicable

22 for the type of construction involved.

23 ‘‘(b) OPERATION AND MAINTENANCE OF OGLALA

24 SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX

25 RURAL WATER SUPPLY SYSTEM AND LOWER BRULE SIOUX
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•S 1146 EAH

1 RURAL WATER SUPPLY SYSTEM.—There are authorized to

2 be appropriated such sums as may be necessary for the op3 eration and maintenance of the Oglala Sioux Rural Water

4 Supply System, Rosebud Sioux Rural Water Supply Sys5 tem and Lower Brule Sioux Rural Water Supply System.

6 The operation and maintenance expenses associated with

7 water deliveries to the West River and Lyman-Jones Rural

8 Water Systems are a non-Federal responsibility and for

9 such deliveries the Secretary shall enter into a contract with

10 the West River and Lyman-Jones Systems for the payment

11 of an annual operation and maintenance fee. Such fee shall

12 be based on the incremental operation and maintenance

13 costs for water actually delivered each year to the West

14 River and Lyman-Jones Rural Water Systems. Such oper15 ation and maintenance payments shall be increased or de16 creased by such amounts as may be justified by reason of

17 ordinary fluctuations as indicated by indices applicable to

18 comparable regional rural water supply systems for the

19 type of operation and maintenance involved.

20 ‘‘(c) WASTE WATER DISPOSAL SYSTEMS FEASIBILITY

21 STUDIES.—There is authorized to be appropriated such

22 sums as may be necessary to complete the feasibility studies

23 authorized by section 15(c).’’.
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1 SEC. 814. WATER RIGHTS.

2 Paragraph (5) of section 11 (102 Stat. 2571) is

3 amended—

4 (1) by inserting ‘‘rights, benefits, privileges or

5 claims, including’’ after ‘‘affect any’’;

6 (2) by inserting ‘‘Rosebud Sioux Tribe and

7 Lower Brule Sioux Tribe,’’ after ‘‘Tribe,’’ the first

8 place it appears;

9 (3) by striking ‘‘the Pine Ridge Indian Reserva10 tion’’ and inserting ‘‘their respective reservations’’;

11 and

12 (4) by striking ‘‘Tribe,’’ the second place it ap13 pears and inserting ‘‘Tribe, Rosebud Sioux Tribe,

14 Lower Brule Sioux Tribe,’’.

15 SEC. 815. FEASIBILITY STUDIES.

16 (a) ALTERNATE USES.—Section 3 of Public Law 97–

17 273, as amended by section 12(b) of Public Law 100–516

18 (102 Stat. 2572), is amended by striking ‘‘Dakota,’’ and

19 inserting ‘‘Dakota and all Indian tribes residing on res20 ervations within the State of South Dakota,’’.

21 (b) WASTE WATER DISPOSAL SYSTEMS.—Section 12

22 of the Act (102 Stat. 2572) is amended by adding at the

23 end the following:

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

25 Secretary is authorized and directed, in consultation with

26 the Oglala Sioux Tribe, Rosebud Sioux Tribe and Lower
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1 Brule Sioux Tribe, to conduct feasibility studies on the need

2 to develop waste water disposal facilities and systems, and

3 rehabilitate existing waste water disposal facilities and sys4 tems, on the Pine Ridge Indian Reservation, Rosebud In5 dian Reservation and Lower Brule Indian Reservation, and

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

7 with his recommendations.

8 ‘‘(2) The feasibility studies authorized under this sub9 section shall be completed and presented to Congress within

10 one year after the date that funds are first made available

11 by the Secretary to complete the studies.’’.

12 TITLE IX—BELLE FOURCHE

13 IRRIGATION PROJECT

14 SEC. 901. EXPANSION OF BELLE FOURCHE IRRIGATION

15 PROJECT.

16 (a) AUTHORIZATION OF ADDITIONAL ACTIVITIES.—

17 The Act entitled ‘‘An Act to authorize rehabilitation of the

18 Belle Fourche irrigation project, and for other purposes.’’

19 (Public Law 98–157, 97 Stat. 989) is amended in the first

20 section—

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

22 in lieu thereof, so as to appear immediately after and

23 below the enacting clause, the following:

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

25 (2) by adding at the end the following:
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1 ‘‘(b)(1) In addition to the activities authorized under

2 subsection (a), the general plan for the Belle Fourche project

3 is modified to include the following:

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

5 control structures:

6 ‘‘(i) The Whitewood Siphon.

7 ‘‘(ii) 2 Belle Fourche dam outlets.

8 ‘‘(B) Lining at South Canal and rehabilitation

9 of Johnson Lateral for water conservation.

10 ‘‘(C) Replacement or rehabilitation of deterio11 rated canal bridges.

12 ‘‘(D) Provision of minor lateral rehabilitation

13 and contract support work by the Belle Fourche irri14 gation district.

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

16 water use management and implementation of im17 proved management practices for the purpose of

18 achieving optimal conservation of water supplies.

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

20 this subsection may not exceed $10,500,000. The State share

21 of those costs may not exceed $4,000,000, and shall be paid

22 concurrently with Federal expenditures for activities under

23 this subsection.’’.

24 (b) EXTENSION OF REPAYMENT PERIOD.—Section 2(b)

25 of that Act is amended by striking ‘‘the year in which such
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1 amendatory repayment contract is executed’’ and inserting

2 ‘‘July 1, 1995’’.

3 (c) APPLICABLE RATES OF CHARGE AND ASSESSABLE

4 ACREAGE.—Section 2(c) of that Act is amended to read as

5 follows:

6 ‘‘(c)(1) Before July 1, 1995, the rates of charge to land

7 class in the unit shall continue to be as established in the

8 November 29, 1949, repayment contract with the district,

9 as subsequently amended and supplemented. On and after

10 July 1, 1995, such rates of charge and assessable acreage

11 shall, subject to subsection (d), be in accordance with the

12 amortization capacity and classification of unit lands as

13 then determined by the Secretary.

14 ‘‘(2) After final completion of the rehabilitation and

15 betterment program authorized by this Act, and at intervals

16 agreed to by the Secretary and the Belle Fourche irrigation

17 district, the rates of charge and assessable acreage may be

18 amended as determined necessary by the Secretary.’’.

19 (d) AUTHORIZATION OF APPROPRIATION.—Section 7

20 of that Act is amended—

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

22 (2) by adding at the end the following:

23 ‘‘(b) In addition to amounts authorized under sub24 section (a), for activities under section 1(b) there are au25 thorized to be appropriated $10,500,000, plus or minus such
53

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1 amounts (if any) as may be justified by reason of ordinary

2 fluctuations in construction cost indexes applicable to types

3 of construction conducted under that section.’’.

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

5 Interior and the Belle Fourche irrigation district shall

6 amend the contract numbered 5–07–60–WR170 to reflect

7 the amendments made by this section.

8 TITLE X—UPPER YAMPA WATER

9 CONSERVANCY PROJECT

10 SEC. 1001. SHORT TITLE.

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

12 Project Act of 1994’’.

13 SEC. 1002. SALE OF THE STAGECOACH RESERVOIR PROJECT

14 LOAN.

15 (a) AGREEMENT.—

16 (1) IN GENERAL.—As soon as practicable after

17 the date of enactment of this Act, the Secretary of the

18 Interior shall conduct appropriate investigations re19 garding, and is authorized to sell, or accept prepay20 ment on, the loan contract described in paragraph (2)

21 to the Upper Yampa Water Conservancy District in

22 Colorado (referred to in this title as the ‘‘District’’)

23 for the Stagecoach Reservoir Project.

24 (2) LOAN CONTRACT.—The loan contract de25 scribed in paragraph (1) is numbered 7–07–40–
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1 R0480 and was entered into pursuant to the Small

2 Reclamation Projects Act of 1956 (43 U.S.C. 422a et

3 seq.).

4 (b) PAYMENT.—Any agreement negotiated pursuant to

5 subsection (a) shall realize an amount to the Federal Gov6 ernment calculated by discounting the remaining payments

7 due on the loans by the interest rate determined pursuant

8 to subsection (c).

9 (c) INTEREST RATE.—

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

11 the interest rate in accordance with the guidelines set

12 forth in Circular A–129 issued by the Office of Man13 agement and Budget concerning loan sales and pre14 payment of loans.

15 (2) DETERMINATION.—In determining the inter16 est rate, the Secretary—

17 (A) shall not equate an appropriate amount

18 of prepayment with the price of the loan if it

19 were to be sold on the open market to a third

20 party; and

21 (B) shall, in following the guidelines set

22 forth in Circular A–129 regarding an allowance

23 for administrative expenses and possible losses,

24 make such an allowance from the perspective of

25 the Federal Government as lender and not from
55

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1 the perspective of a third party purchasing the

2 loan on the open market.

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

4 of the loan has access to tax-exempt financing, includ5 ing tax-exempt bonds, tax-exempt cash reserves, and

6 cash and loans of any kind from any tax-exempt en7 tity, to finance the transaction, and if the Office of

8 Management and Budget grants the Secretary the

9 right to conduct such a transaction, then the interest

10 rate by which the Secretary discounts the remaining

11 payments due on the loan shall be adjusted by an

12 amount that compensates the Federal Government for

13 the direct or indirect loss of future tax revenues.

14 (4) LIMITATION.—Notwithstanding any other

15 provision of law, the interest rate shall not exceed a

16 composite interest rate consisting of the current mar17 ket yield on Treasury securities of comparable matu18 rities.

19 (5) APPROVAL.—The Secretary shall obtain ap20 proval from the Secretary of the Treasury and the Di21 rector of the Office of Management and Budget of the

22 final terms of any loan sale or prepayment made

23 pursuant to this title.
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1 SEC. 1003. TERMINATION AND CONVEYANCE OF RIGHTS.

2 Upon receipt of the payment specified in section

3 1002(b)—

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

5 contract described in section 1002(a)(2) shall termi6 nate;

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

8 right and interest of the United States in the Stage9 coach Reservoir Project to the District; and

10 (3) the District shall absolve the United States,

11 and its officers and agents, of any liability associated

12 with the Stagecoach Reservoir Project.

13 SEC. 1004. TERMINATION OF AUTHORITY.

14 (a) IN GENERAL.—Subject to subsection (b), the au15 thority granted by this title to sell loans shall terminate

16 2 years after the date of enactment of this Act.

17 (b) TIME TO RESPOND TO OFFER.—The borrower

18 shall have not less than 60 days to respond to any prepay19 ment offer made by the Secretary.

20 TITLE XI—MANCOS PROJECT

21 SEC. 1101. SHORT TITLE.

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

23 Power Development Authorization Act of 1994’’.

24 SEC. 1102. FINDINGS.

25 Congress finds that—
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1 (a) development of hydroelectric power at the

2 Mancos Project consistent with the Feasibility Report

3 and Engineering and Construction Report for the

4 Jackson Gulch Reservoir Hydroelectric Project dated

5 April 19, 1991, and revised on May 13, 1992, and

6 February 10, 1993, by the Mancos Water Conservancy

7 District—

8 (1) will be without cost to the United

9 States;

10 (2) will not impair the efficiency of the

11 project for irrigation purposes;

12 (3) will not alter the volume, timing or tem13 peratures of flows from the reservoir; and

14 (4) is not likely to cause any new or in15 creased adverse impacts to any federally listed or

16 candidate species;

17 (b) that the Mancos Water Conservancy District

18 is currently operating and maintaining facilities at

19 the Mancos Project and that the development of hy20 droelectric power at the Mancos Project consistent

21 with the Feasibility Report and Engineering and

22 Construction Report for the Jackson Gulch Reservoir

23 Hydroelectric Project dated April 19, 1991, revised on

24 May 13, 1992, and February 10, 1993, by the Mancos

25 Water Conservancy District will not increase oper-
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1 ation and maintenance costs of the Federal Govern2 ment; and

3 (c) that any lease of power privileges issued by

4 the Secretary pursuant to this title does not constitute

5 a ‘‘contract’’ under section 202(1) of Public Law 97–

6 293 (96 Stat. 1261; 43 U.S.C. section 390bb) and that

7 nothing in this title is intended to make applicable

8 any section of Public Law 97–293 (96 Stat. 1261; 43

9 U.S.C. section 390aa et. seq.) that would not pre10 viously apply.

11 SEC. 1103. AUTHORIZATION TO LEASE POWER PRIVILEGES.

12 Notwithstanding the provisions of the Water Conserva13 tion and Utilization Act (16 U.S.C. sections 590y–590z–

14 11) or any relevant provision of the repayment contract

15 Ilr–384, dated July 20, 1942, as amended December 22,

16 1947, the Secretary is authorized to enter into a lease of

17 power privileges at the Mancos Project, Colorado, with the

18 Mancos Water Conservancy District.

19 SEC. 1104. LEASE CONDITIONS.

20 Any such lease of power privileges issued pursuant to

21 section 1103 of this title shall not exceed a period of forty

22 years and shall be consistent with rates charged by the Fed23 eral Energy Regulatory Commission for comparable sized

24 projects. Moneys derived from such lease shall be covered

25 into the reclamation fund in accordance with relevant parts
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1 of Federal reclamation law, the Act of June 17, 1902, and

2 Acts supplementary thereto and amendatory thereof (43

3 U.S.C. 371).

4 SEC. 1105. REVENUES DERIVED FROM POWER DEVELOP5 MENT.

6 Notwithstanding the provisions of the Water Conserva7 tion and Utilization Act (16 U.S.C. sections 590y–590z–

8 11) or any relevant provision of the repayment contract

9 Ilr–384, dated July 20, 1942, as amended December 22,

10 1947, the Mancos Water Conservancy District may receive

11 revenues from the sale of the power generated pursuant to

12 such lease of power privilege.

13 TITLE XII—YAKIMA RIVER BASIN

14 WATER ENHANCEMENT

15 PROJECT

16 SEC. 1201. PURPOSES.

17 The purposes of this title are—

18 (1) to protect, mitigate, and enhance fish and

19 wildlife through improved water management; im20 proved instream flows; improved water quality; pro21 tection, creation and enhancement of wetlands; and

22 by other appropriate means of habitat improvement;

23 (2) to improve the reliability of water supply for

24 irrigation;
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1 (3) to authorize a Yakima River basin water

2 conservation program that will improve the efficiency

3 of water delivery and use; enhance basin water sup4 plies; improve water quality; protect, create and en5 hance wetlands; and determine the amount of basin

6 water needs that can be met by water conservation

7 measures;

8 (4) to realize sufficient water savings from the

9 Yakima River Basin Water Conservation Program so

10 that not less than 40,000 acre-feet of water savings

11 per year are achieved by the end of the fourth year

12 of the Basin Conservation Program, and not less than

13 110,000 acre-feet of water savings per year are

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

15 to protect and enhance fish and wildlife resources;

16 and not less than 55,000 acre feet of water savings

17 per year are achieved by the end of the eighth year

18 of the program for availability for irrigation;

19 (5) to encourage voluntary transactions among

20 public and private entities which result in the imple21 mentation of water conservation measures, practices,

22 and facilities; and

23 (6) to provide for the implementation by the

24 Yakama Indian Nation at its sole discretion of (A) an

25 irrigation demonstration project on the Yakama In-
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1 dian Reservation using water savings from system

2 improvements to the Wapato Irrigation Project, and

3 (B) a Toppenish Creek corridor enhancement project

4 integrating agricultural, fish, wildlife, and cultural

5 resources.

6 SEC. 1202. DEFINITIONS.

7 As used in this title:

8 (1) The term ‘‘Basin Conservation Plan’’ means

9 a plan for implementing water conservation measures

10 found in the various water conservation plans devel11 oped under the Basin Conservation Program.

12 (2) The term ‘‘Basin Conservation Program’’

13 means the Yakima River Basin Water Conservation

14 Program established under section 1203(a).

15 (3) The term ‘‘comprehensive basin operating

16 plan’’ means a plan that will provide guidance to the

17 Yakima Project Superintendent for operation of the

18 existing Yakima Project as modified by actions taken

19 pursuant to this title.

20 (4) The term ‘‘Conservation Advisory Group’’

21 means the Yakima River Basin Conservation Advi22 sory Group established under section 1203(c).

23 (5) The term ‘‘conserved water’’ means water

24 saved and attributable to the program established

25 under the Basin Conservation Program.
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1 (6) The term ‘‘Irrigation Demonstration Project’’

2 means the Yakama Indian Reservation Irrigation

3 Demonstration Project authorized in section 1204(b).

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

5 portion of the total water supply available under pro6 visions of sections 18 and 19 of Civil Action No. 21

7 (Federal District Court Judgment of January 31,

8 1945) that is not subject to proration in times of

9 water shortage.

10 (8) The term ‘‘on-district storage’’ means small

11 water storage facilities located within the boundaries

12 of an irrigation entity, including reregulating res13 ervoirs, holding ponds, or other new storage methods

14 which allow for efficient water use.

15 (9) The term ‘‘proratable water’’ means that por16 tion of the total water supply available under provi17 sions of sections 18 and 19 of Civil Action No. 21

18 (Federal District Court Judgment of January 31,

19 1945) that is subject to proration in times of water

20 shortage.

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

22 of the Interior.

23 (11) The term ‘‘System Operations Advisory

24 Committee’’ means a group of fishery biologists—
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1 (A) created by the Yakima Project Super2 intendent in response to the supplemental in3 structions entitled ‘‘Supplementary Instructions

4 to the Water Master’’, and dated November 28,

5 1980, in the case of Kittitass Reclamation Dis6 trict, et al. vs. the Sunnyside Valley Irrigation

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

8 (B) who advise the Yakima Project Super9 intendent on operations of the Yakima Project

10 for fish and wildlife purposes; and

11 (C) who, together with others, were identi12 fied for consultation on November 29, 1990, in

13 the amended partial summary judgment entered

14 in the basin adjudication (Yakima County Supe15 rior Court No. 77–2–01484–5).

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

17 means the Toppenish Creek corridor enhancement

18 project authorized by section 1204(c).

19 (13) The term ‘‘Yakama Indian Nation’’ means

20 the Confederated Tribes and Bands of the Yakama In21 dian Nation as redesignated under section 1204(g).

22 (14) The term ‘‘Yakima Project Superintendent’’

23 means the individual designated by the Regional Di24 rector, Pacific Northwest Region, Bureau of Reclama25 tion, to be responsible for the operation and manage-
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1 ment of the Yakima Federal Reclamation Project,

2 Washington.

3 SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION

4 PROGRAM.

5 (a) ESTABLISHMENT.—(1) The Secretary, in consulta6 tion with the State of Washington, the Yakama Indian Na7 tion, Yakima River basin irrigators, and other interested

8 parties, shall establish and administer a Yakima River

9 Basin Water Conservation Program for the purpose of eval10 uating and implementing measures to improve the avail11 ability of water supplies for irrigation and the protection

12 and enhancement of fish and wildlife resources, including

13 wetlands, while improving the quality of water in the Yak14 ima Basin. The Secretary may make grants to eligible enti15 ties for the purposes of carrying out this title under such

16 terms and conditions as the Secretary may require. Such

17 terms and conditions shall include a requirement that all

18 water districts, irrigation districts, individuals, or other en19 tities eligible to participate in the Basin Conservation Pro20 gram must equip all surface water delivery systems within

21 their boundaries with volumetric water meters or equally

22 effective water measuring methods within 5 years of the

23 date of enactment of this Act.

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

25 the expenditure of Federal funds shall not be used to expand
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1 irrigation in the Yakima Basin, except as specifically pro2 vided in section 1204(a)(3) on the Yakama Indian Reserva3 tion.

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

5 the Yakama Indian Nation except as to any funds specifi6 cally applied for from the Basin Conservation Program.

7 (b) FOUR PHASES OF PROGRAM.—The Basin Con8 servation Program shall encourage and provide funding as9 sistance for four phases of water conservation, which shall

10 consist of the following:

11 (1) The development of water conservation plans,

12 consistent with applicable water conservation guide13 lines of the Secretary, by irrigation districts, con14 servation districts, water purveyors, other areawide

15 entities, and individuals not included within an

16 areawide entity.

17 (2) The investigation of the feasibility of specific

18 potential water conservation measures identified in

19 conservation plans.

20 (3) The implementation of measures that have

21 been identified in conservation plans and have been

22 determined to be feasible.

23 (4) Post implementation monitoring and evalua24 tion of implemented measures.
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1 (c) CONSERVATION ADVISORY GROUP.—(1) Not later

2 than 12 months after the date of enactment of this Act, the

3 Secretary, in consultation with the State of Washington,

4 the Yakama Indian Nation, Yakima River basin irrigators,

5 and other interested and related parties, shall establish the

6 Yakima River Basin Conservation Advisory Group.

7 (2) Members of the Conservation Advisory Group shall

8 be appointed by the Secretary and shall be comprised of—

9 (A) one representative of the Yakima River basin

10 nonproratable irrigators,

11 (B) one representative of the Yakima River basin

12 proratable irrigators,

13 (C) one representative of the Yakama Indian Na14 tion,

15 (D) one representative of environmental inter16 ests,

17 (E) one representative of the Washington State

18 University Agricultural Extension Service,

19 (F) one representative of the Department of

20 Wildlife of the State of Washington, and

21 (G) one individual who shall serve as the

22 facilitator.

23 (3) The Conservation Advisory Group shall—

24 (A) provide recommendations to the Secretary

25 and to the State of Washington regarding the struc-
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1 ture and implementation of the Basin Conservation

2 Program,

3 (B) provide recommendations to the Secretary

4 and to the State of Washington regarding the estab5 lishment of a permanent program for the measure6 ment and reporting of all natural flow and contract

7 diversions within the basin.

8 (C) structure a process to prepare a basin con9 servation plan as specified in subsection (f),

10 (D) provide annual review of the implementa11 tion of the applicable water conservation guidelines of

12 the Secretary, and

13 (E) provide recommendations consistent with

14 statutes of the State of Washington on rules, regula15 tions, and administration of a process to facilitate the

16 voluntary sale or lease of water.

17 (4) The facilitator shall arrange for meetings of the

18 Conservation Advisory Group, provide logistical support,

19 and serve as moderator for the meetings.

20 (5) The Conservation Advisory Group shall consult an

21 irrigation district when considering actions specifically af22 fecting that district. For the purposes of this paragraph,

23 an irrigation district includes the Yakima Reservation Irri24 gation District.
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1 (6) The Conservation Advisory Group shall be

2 nonvoting, seeking consensus whenever possible. If disagree3 ment occurs, any member may submit independent com4 ments to the Secretary. The Conservation Advisory Group

5 shall terminate 5 years after the date of its establishment

6 unless extended by the Secretary.

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

8 by this title, costs incurred in the four phases of the Basin

9 Conservation Program shall be shared as follows:

Program Phase

Non-Federal Federal

Grant State Grant Local

1. Development of water conservation

plans

50% but not

more

than

$200,000

per recipient

(Residual

amount if

any)

50%

2. Investigation of specific water conservation measures50% 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 evaluation17.5% 17.5% 65.0%

10 (2) The Yakima River Basin Water Enhancement

11 Project is a Federal action to improve streamflow and fish

12 passage conditions and shall be considered part of a com13 prehensive program to restore the Yakima River basin

14 anadromous fishery resource. Related fishery resource im15 provement facilities which utilize funding sources under the
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1 Pacific Northwest Electric Power Planning and Conserva2 tion Act of 1989 (94 Stat. 2697) and independent water3 related improvements of the State of Washington and other

4 public and private entities to improve irrigation water use,

5 water supply, and water quality, shall be treated as non6 Federal cost share expenditures and shall be consolidated

7 in any final calculation of required cost sharing. Within

8 one year of the date of enactment of this Act, the Secretary

9 shall enter into a binding cost sharing agreement with the

10 State of Washington. The agreement shall describe the terms

11 and conditions of specific contributions and other activities

12 that may, subject to approval by the Secretary, qualify as

13 non-Federal cost share expenditures.

14 (3) Costs of the Basin Conservation Program related

15 to projects on the Yakama Indian Reservation are a Federal

16 responsibility and shall be nonreimbursable and not subject

17 to the cost-sharing provisions of this subsection.

18 (e) ENTITY WATER CONSERVATION PLANS.—To par19 ticipate in the Conservation Basin Program an entity must

20 submit a proposed water conservation plan to the Secretary.

21 The Secretary shall approve a water conservation plan sub22 mitted under this subsection if the Secretary determines

23 that the plan meets the applicable water conservation guide24 lines of the Secretary.
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1 (f) BASIN CONSERVATION PLAN.—The Conservation

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

3 enactment of this Act, submit a draft basin conservation

4 plan to the Secretary.

5 (g) PUBLIC COMMENT.—The Secretary shall distribute

6 the draft basin conservation plan and the entity water con7 servation plans submitted under subsections (e) and (f), re8 spectively, for public comment for a 60-day period.

9 (h) PUBLICATION OF BASIN CONSERVATION PLAN.—

10 Within 60 days after the close of the comment period under

11 subsection (g), the Secretary shall publish the Basin Con12 servation Plan which plan will provide the basis—

13 (1) for prioritizing and allocating funds to im14 plement conservation measures under this title; and

15 (2) for preparing an interim comprehensive

16 basin operating plan under section 1210 of this title

17 as provided for in Public Law 96–162 (93 Stat.

18 1241).

19 (i) CONSERVATION MEASURES.—(1) Measures consid20 ered for implementation in the Basin Conservation Pro21 gram may include, among others, conveyance and distribu22 tion system monitoring, automation of water conveyance

23 systems, water measuring or metering devices and equip24 ment, lining and piping of water conveyance and distribu25 tion systems, on-district storage, electrification of hydraulic
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1 turbines, tail-water recycling, consolidation of irrigation

2 systems, irrigation scheduling, and improvement of on-farm

3 water application systems. Basin Conservation Program

4 funds may also be used throughout all four phases of the

5 Basin Conservation Program to mitigate for adverse im6 pacts of program measures.

7 (2) In addition to implementing existing technologies,

8 the Secretary shall encourage the testing of innovative water

9 conservation measures. The Secretary shall, to the maxi10 mum extent possible under applicable Federal, State, and

11 tribal law, cooperate with the State of Washington to facili12 tate water and water right transfers, water banking, dry

13 year options, the sale and leasing of water, and other inno14 vative allocation tools used to maximize the utility of exist15 ing Yakima River basin water supplies.

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

17 use funds appropriated to carry out this section for the pur18 chase or lease of land, water, or water rights from any en19 tity or individual willing to limit or forego water use on

20 a temporary or permanent basis. Funds used for purchase

21 or lease under this paragraph are not subject to the cost

22 sharing provisions of subsection (d). Efforts to acquire

23 water should be made immediately upon availability of

24 funds to meet the three-year goal specified in section

25 1205(a)(4) to provide water to be used by the Yakima
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1 Project Superintendent under the advisement of the System

2 Operations Advisory Committee for instream flow purposes.

3 The use of Basin Conservation Program funds under this

4 paragraph are in addition to those specifically authorized

5 to be appropriated by subsection (j)(4).

6 (4) On-farm water management improvements shall be

7 coordinated with programs administered by the Secretary

8 of Agriculture and State conservation districts.

9 (j) AUTHORIZATION OF APPROPRIATIONS.—There is

10 hereby authorized to be appropriated to the Secretary, at

11 September 1990 prices, plus or minus such amounts as may

12 be justified by reason of ordinary fluctuations of applicable

13 cost indexes, the following amounts for the Basin Conserva14 tion Program:

15 (1) $1,000,000 for the development of water con16 servation plans.

17 (2) $4,000,000 for investigation of specific poten18 tial water conservation measures identified in con19 servation plans for consideration for implementing

20 through the Basin Conservation Program.

21 (3) Up to $67,500,000 for design, implementa22 tion, post-implementation monitoring and evaluation

23 of measures, and addressing environmental impacts.

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

25 of water from willing sellers or lessors specifically to
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1 provide instream flows for interim periods to facili2 tate the outward migration of anadromous fish flush3 ing flows. Such funds shall not be subject to the cost

4 sharing provisions of subsection (d).

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

6 support of the Conservation Advisory Group during

7 its duration. Such funds shall be available for travel

8 and per diem, rental of meeting rooms, typing, print9 ing and mailing, and associated administrative

10 needs. The Secretary and the State of Washington

11 shall provide appropriate staff support to the Con12 servation Advisory Group.

13 SEC. 1204. YAKAMA INDIAN NATION.

14 (a) WAPATO IRRIGATION PROJECT IMPROVEMENTS

15 AND APPROPRIATIONS.—(1) The Yakama Indian Nation’s

16 proposed system improvements to the Wapato Irrigation

17 Project, as well as the design, construction, operation, and

18 maintenance of the Irrigation Demonstration Project and

19 the Toppenish Creek corridor enhancement project, pursu20 ant to this title shall be coordinated with the Bureau of

21 Indian Affairs.

22 (2) There is authorized to be appropriated to the Sec23 retary not more than $23,000,000 for the preparation of

24 plans, investigation of measures, and following the Sec25 retary’s certification that such measures are consistent with
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1 the water conservation objectives of this title, the implemen2 tation of system improvements to the Wapato Irrigation

3 Project. Funding for further improvements within the

4 Wapato Irrigation Project may be acquired under the Basin

5 Conservation Program or other sources identified by the

6 Yakama Indian Nation.

7 (3) Water savings resulting from irrigation system im8 provements shall be available for the use of the Yakama In9 dian Nation for irrigation and other purposes on the res10 ervation and for protection and enhancement of fish and

11 wildlife within the Yakima River basin. The conveyance of

12 such water through irrigation facilities other than the

13 Wapato Irrigation Project shall be on a voluntary basis and

14 shall not further diminish the amount of water that other15 wise would have been delivered by an entity to its water

16 users in years of water proration.

17 (b) IRRIGATION DEMONSTRATION PROJECT APPRO18 PRIATIONS.—(1)(A) There is hereby authorized to be appro19 priated to the Secretary—

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

21 amounts as may be justified by reason of ordinary

22 fluctuations of applicable cost indexes, $8,500,000 for

23 the design and construction of the Yakama Indian

24 Reservation Irrigation Demonstration Project; and
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1 (ii) such sums as may be necessary for the oper2 ation and maintenance of the Irrigation Demonstra3 tion Project, including funds for administration,

4 training, equipment, materials, and supplies for the

5 period specified by the Secretary, which sums are in

6 addition to operation and maintenance funds for

7 wildlife and cultural purposes appropriated to the

8 Secretary under other authorization.

9 (B) Funds may not be made available under this sub10 section until the Yakama Indian Nation obtains the concur11 rence of the Secretary in the construction, management, and

12 administrative aspects of the Irrigation Demonstration

13 Project.

14 (C) After the end of the period specified under subpara15 graph (A)(ii), costs for the operation and maintenance of

16 the Irrigation Demonstration Project, including funds for

17 administration, training, equipment, materials, and sup18 plies referred to in that subparagraph, shall be borne exclu19 sively by the lands directly benefitting from the Irrigation

20 Demonstration Project.

21 (2) The Irrigation Demonstration Project shall provide

22 for the construction of distribution and on-farm irrigation

23 facilities to use all or a portion of the water savings, as

24 determined by the Yakama Indian Nation, resulting from

25 the Wapato Irrigation Project system improvements for—
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1 (A) demonstrating cost-effective state of the art

2 irrigation water management and conservation,

3 (B) the training of tribal members in irrigation

4 methods, operation, and management, and

5 (C) upgrading existing hydroelectric facilities

6 and construction of additional hydroelectric facilities

7 on the reservation to meet irrigation pumping power

8 needs.

9 (c) TOPPENISH CREEK CORRIDOR ENHANCEMENT

10 PROJECT APPROPRIATIONS.—There is hereby authorized to

11 be appropriated to the Secretary $1,500,000 for the further

12 investigation by the Yakama Indian Nation of measures to

13 develop a Toppenish Creek corridor enhancement project to

14 demonstrate integration of management of agricultural,

15 fish, wildlife, and cultural resources to meet tribal objectives

16 and such amount as the Secretary subsequently determines

17 is necessary for implementation. There is also authorized

18 to be appropriated to the Secretary such sums as may be

19 necessary for the operation and maintenance of the

20 Toppenish Enhancement Project.

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

22 of the Irrigation Demonstration Project and the Toppenish

23 Enhancement Project, the Secretary, in consultation with

24 the Yakama Indian Nation, shall report to the Committee

25 on Energy and Natural Resources of the Senate, the Com-
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1 mittee on Natural Resources of the House of Representa2 tives, and the Governor of the State of Washington on the

3 effectiveness of the conservation, training, mitigation, and

4 other measures implemented.

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

6 Wapato Irrigation Project system improvements and any

7 specific irrigation facility of the Irrigation Demonstration

8 Project (excluding on-farm irrigation facilities) and the

9 Toppenish Enhancement Project shall become features of the

10 Wapato Irrigation Project.

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

12 Wapato Irrigation Project improvements, the Irrigation

13 Demonstration Project, and the Toppenish Enhancement

14 Project shall be a Federal responsibility and are

15 nonreimbursable and nonreturnable.

16 (g) REDESIGNATION OF YAKIMA INDIAN NATION TO

17 YAKAMA INDIAN NATION.—

18 (1) REDESIGNATION.—The Confederated Tribes

19 and Bands of the Yakima Indian Nation shall be

20 known and designated as the ‘‘Confederated Tribes

21 and Bands of the Yakama Indian Nation’’.

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

23 regulation, document, paper, or other record of the

24 United States to the Confederated Tribes and Bands

25 of the Yakima Indian Nation referred to in subsection
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1 (a) shall be deemed to be a reference to the ‘‘Confed2 erated Tribes and Bands of the Yakama Indian Na3 tion’’.

4 SEC. 1205. OPERATION OF YAKIMA BASIN PROJECTS.

5 (a) WATER SAVINGS FROM BASIN CONSERVATION

6 PROGRAM.—(1) The Basin Conservation Program is in7 tended to result in reductions in water diversions allowing

8 for changes in the present operation of the Yakima Project

9 to improve stream flow conditions in the Yakima River

10 basin. Except as provided by paragraph (5) of this sub11 section and section 1209, commencing with the enactment

12 of this title, and notwithstanding that anticipated water

13 savings are yet to be realized, the Secretary, upon the enact14 ment of this title and acting through the Yakima Project

15 Superintendent, shall (A) continue to estimate the water

16 supply which is anticipated to be available to meet water

17 entitlements; and (B) provide instream flows in accordance

18 with the following criteria:

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

September Sunnyside

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
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1 (2) The initial target flows represent target flows at

2 the respective points. Reasonable fluctuations from these

3 target flows are anticipated in the operation of the Yakima

4 Project, except that for any period exceeding 24 hours—

5 (A) actual flows at the Sunnyside Diversion

6 Dam may not decrease to less than 65 percent of the

7 target flow at the Sunnyside Diversion Dam; and

8 (B) actual flows at the Prosser Diversion Dam

9 may not decrease by more than 50 cubic feet per sec10 ond from the target flow.

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

12 periods during any month of April through October to fa13 cilitate when necessary the outward migration of anad14 romous fish. Increased instream flows for such interim peri15 ods shall be obtained through voluntary sale and leasing

16 of water or water rights or from conservation measures

17 taken under this title.

18 (4)(A)(i) Within the three-year period beginning when

19 appropriations are first provided to carry out the Basin

20 Conservation Program, the instream flow goal in the Yak21 ima River is as follows: to secure water which is to be used

22 for instream flows to facilitate meeting recommendations

23 of the System Operations Advisory Committee for flushing

24 flows or other instream uses.
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1 (ii) In addition to any other authority of the Secretary

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

3 meet the goal specified in clause (i) shall be acquired

4 through the voluntary purchase or lease of land, water, or

5 water rights and from the development of additional storage

6 capability at Lake Cle Elum provided for in section

7 1206(a).

8 (iii) In addition to water required to meet the

9 instream flow goal specified in clause (i), the System Oper10 ations Advisory Committee may recommend additional

11 water to meet instream flow goals pursuant to judicial ac12 tions.

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

14 such instream flow goal is modified as follows:

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

16 flows specified in the table in paragraph (1) increase

17 by 50 cubic feet per second for each 27,000 acre-feet

18 of reduced annual water diversions achieved through

19 implementation of measures under the Basin Con20 servation Program. Such increases do not apply to

21 actions taken pursuant to section 1204. Such in22 creases shall not further diminish the amount of

23 water that otherwise would have been delivered by an

24 entity to its water users in years of water proration.
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1 (ii) The goal changes directly with the availabil2 ity of water resulting from Federal expenditures

3 under this title for purchase or lease of water under

4 this title.

5 (C) The Yakima Project Superintendent shall main6 tain an account of funded and completed conservation

7 measures taken under the Basin Conservation Program.

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

9 Yakima Project Superintendent shall meet with the State

10 of Washington, Yakama Indian Nation, and Yakima River

11 basin irrigators to mutually determine total diversion re12 ductions and respective adjustments to the target flows re13 ferred to in this subsection. The Yakima Project Super14 intendent shall announce such adjustments with the an15 nouncements of Total Water Supply Available. For the pur16 poses of this subparagraph, conserved water will be consid17 ered available for adjusting target flows in the first year

18 following completion of a measure or following a result from

19 the post implementation monitoring and evaluation pro20 gram, as the case may be.

21 (5) Operational procedures and processes in the Yak22 ima River basin which have or may be implemented

23 through judicial actions shall not be impacted by this title.

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

25 of this Act, the Secretary shall conduct a study and submit
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1 a report with recommendations to the appropriate commit2 tees of the Congress on whether the water supply available

3 for irrigation is adequate to sustain the agricultural econ4 omy of the Yakima River basin.

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

6 shall be evaluated within three years after the date of enact7 ment of this Act by the Systems Operations Advisory Com8 mittee for the purpose of making a report with rec9 ommendations to the Secretary and the Congress evaluating

10 what is necessary to have biologically-based target flows.

11 (C) The recommendations and reports under subpara12 graphs (A) and (B) shall provide a basis for the third phase

13 of the Yakima River Basin Water Enhancement Project.

14 (b) WATER FROM LAKE CLE ELUM.—Water accruing

15 from the development of additional storage capacity at Lake

16 Cle Elum, made available pursuant to the modifications

17 authorized in section 1206(a), shall not be part of the Yak18 ima River basin’s water supply as provided in subsection

19 (a)(1). Water obtained from such development is exclusively

20 dedicated to instream flows for use by the Yakima Project

21 Superintendent as flushing flows or as otherwise advised

22 by the System Operations Advisory Committee. Water may

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

24 to the extent that there is space available. Releases may be

25 made from other Yakima Project storage facilities to most
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1 effectively utilize this additional water, except that water

2 deliveries to holders of existing water rights shall not be

3 impaired.

4 (c) STATUS OF BASIN CONSERVATION PROGRAM FA5 CILITIES.—Measures of the Basin Conservation Program

6 which are implemented on facilities currently under the ad7 ministrative jurisdiction of the Secretary, except as pro8 vided in section 1204, shall be considered features of the

9 Yakima River Basin Water Enhancement Project, and their

10 operation and maintenance shall be integrated and coordi11 nated with other features of the existing Yakima Project.

12 The responsibility for operation and maintenance and the

13 related costs shall remain with the current operating entity.

14 As appropriate, the Secretary shall incorporate the oper15 ation and maintenance of such facilities into existing agree16 ments. The Secretary shall assure that such facilities are

17 operated in a manner consistent with Federal and State

18 law and in accordance with water rights recognized pursu19 ant to State and Federal law.

20 (d) WATER ACQUIRED BY PURCHASE AND LEASE.—

21 Water acquired from voluntary sellers and lessors shall be

22 administered as a block of water separate from the Total

23 Water Supply Available, in accordance with applicable

24 Federal and State law.
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1 (e) YAKIMA PROJECT PURPOSE.—(1) An additional

2 purpose of the Yakima Project shall be for fish, wildlife, and

3 recreation.

4 (2) The existing storage rights of the Yakima Project

5 shall include storage for the purposes of fish, wildlife, and

6 recreation.

7 (3) The purposes specified in paragraphs (1) and (2)

8 shall not impair the operation of the Yakima Project to pro9 vide water for irrigation purposes nor impact existing con10 tracts.

11 SEC. 1206. LAKE CLE ELUM AUTHORIZATION OF APPRO12 PRIATIONS.

13 (a) MODIFICATIONS AND IMPROVEMENTS.—There is

14 hereby authorized to be appropriated to the Secretary—

15 (1) at September 1990 prices, plus or minus

16 such amounts as may be justified by reason of ordi17 nary fluctuation of applicable indexes, $2,934,000

18 to—

19 (A) modify the radial gates at Cle Elum

20 Dam to provide an additional 14,600 acre-feet of

21 storage capacity in Lake Cle Elum,

22 (B) provide for shoreline protection of Lake

23 Cle Elum, and

24 (C) construct juvenile fish passage facilities

25 at Cle Elum Dam, plus
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1 (2) such additional amounts as may be necessary

2 which may be required for environmental mitigation.

3 (b) OPERATION AND MAINTENANCE APPROPRIA4 TIONS.—There is hereby authorized to be appropriated to

5 the Secretary such sums as may be necessary for that por6 tion of the operation and maintenance of Cle Elum Dam

7 determined by the Secretary to be a Federal responsibility.

8 SEC. 1207. ENHANCEMENT OF WATER SUPPLIES FOR YAK9 IMA BASIN TRIBUTARIES.

10 (a) GENERAL PROVISIONS.—The following shall be ap11 plicable to the investigation and implementation of meas12 ures to enhance water supplies for fish and wildlife and

13 irrigation purposes on tributaries of the Yakima River

14 basin:

15 (1) An enhancement program authorized by this

16 section undertaken in any tributary shall be contin17 gent upon the agreement of appropriate water right

18 owners to participate.

19 (2) The enhancement program authorized by this

20 section shall not be construed to affect (A) the water

21 rights of any water right owners in the tributary or

22 other water delivering entities; (B) the capability of

23 tributary water users to divert, convey, and apply

24 water; and (C) existing water and land uses within

25 the tributary area.
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1 (3) The water supply for tributary enhancement

2 shall be administered in accordance with applicable

3 State and Federal laws.

4 (4) Any enhancement program authorized by

5 this section shall be predicated upon the availability

6 of a dependable water supply.

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

8 with the State of Washington, the tributary water right

9 owners, and the Yakama Indian Nation, and agreement of

10 appropriate water right owners to participate, shall con11 duct a study concerning the measures that can be imple12 mented to enhance water supplies for fish and wildlife and

13 irrigation purposes on Taneum Creek, including (but not

14 limited to)—

15 (A) water use efficiency improvements;

16 (B) the conveyance of water from the Yakima

17 Project through the facilities of any irrigation entity

18 willing to contract with the Secretary without adverse

19 impact to water users;

20 (C) the construction, operation, and maintenance

21 of ground water withdrawal facilities;

22 (D) contracting with any entity that is willing

23 to voluntarily limit or forego present water use

24 through lease or sale of water or water rights on a

25 temporary or permanent basis;
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1 (E) purchase of water rights from willing sellers;

2 and

3 (F) other measures compatible with the purposes

4 of this title, including restoration of stream habitats.

5 (2) In conducting the Taneum Creek study, the Sec6 retary shall consider—

7 (A) the hydrologic and environmental character8 istics;

9 (B) the engineering and economic factors relat10 ing to each measure; and

11 (C) the potential impacts upon the operations of

12 present water users in the tributary and measures to

13 alleviate such impacts.

14 (3) The Secretary shall make available to the public

15 for a 45-day comment period a draft report describing in

16 detail the findings, conclusions, and recommendations of the

17 study. The Secretary shall consider and include any com18 ment made in developing a final report. The Secretary’s

19 final report shall be submitted to the Committee on Energy

20 and Natural Resources of the Senate, the Committee on Nat21 ural Resources of the House of Representatives, and the

22 Governor of the State of Washington, and made available

23 to the public.

24 (c) IMPLEMENTATION OF NONSTORAGE MEASURES.—

25 After securing the necessary permits the Secretary may, in
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1 cooperation with the Department of Ecology of the State

2 of Washington and in accordance with the laws of the State

3 of Washington, implement nonstorage measures identified

4 in the final report under subsection (b) upon fulfillment of

5 the following conditions:

6 (1) The Secretary shall enter into an agreement

7 with the appropriate water right owners who are

8 willing to participate, the State of Washington, and

9 the Yakama Indian Nation, for the use and manage10 ment of the water supply to be provided by proposed

11 tributary measures pursuant to this section.

12 (2) The Secretary and the State of Washington

13 find that the implementation of the proposed tribu14 tary measures will not impair the water rights of any

15 person or entity in the affected tributary.

16 (d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—En17 hancement programs similar to the enhancement program

18 authorized by this section may be investigated and imple19 mented by the Secretary in other tributaries contingent

20 upon the agreement of the appropriate tributary water

21 right owners to participate. The provisions set forth in this

22 section shall be applicable to such programs.

23 (e) AUTHORIZATION OF APPROPRIATIONS.—(1) There

24 is hereby authorized to be appropriated to the Secretary

25 $500,000 for the study of the Taneum Creek Project and
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1 such amount as the Secretary subsequently determines is

2 necessary for implementation of tributary measures pursu3 ant to this section.

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

5 Secretary such funds as are necessary for the investigation

6 of enhancement programs similar to the enhancement pro7 gram authorized by this section in other Yakima River

8 basin tributaries contingent upon the agreement of the ap9 propriate water right owners to participate. Funds for the

10 implementation of any such similar enhancement program

11 may not be appropriated until after the Secretary submits

12 an investigation report to the appropriate congressional

13 committees.

14 SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT15 OPERATIONS AT PROSSER DIVERSION DAM.

16 (a) AUTHORIZATION OF APPROPRIATIONS FOR ELEC17 TRIFICATION.—In order to provide for electrification to en18 hance instream flows by eliminating the need to divert

19 water to operate the hydraulic turbines which pump water

20 to the Kennewick Irrigation District, there is authorized to

21 be appropriated—

22 (1) $50,000 to conduct an assessment of opportu23 nities for alternative pumping plant locations;

24 (2) $4,000,000 for construction; and
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1 (3) such sums as may be necessary for the

2 prorata share of the operation and maintenance allo3 cated to fish and wildlife as determined by the Sec4 retary.

5 (b) POWER FOR PROJECT PUMPING.—(1) The Admin6 istrator of the Bonneville Power Administration shall pro7 vide for project power needed to effect the electrification as

8 provided in subsection (a).

9 (2)(A) There is authorized to be appropriated for the

10 Bureau of Reclamation for each fiscal year in which the

11 Administrator provides power under this subsection an

12 amount equal to the cost to the Bonneville Power Adminis13 tration of providing power under this subsection during

14 such fiscal year. The rate to be utilized by the Adminis15 trator in determining the cost of power under this para16 graph in a fiscal year shall be the rate for priority firm

17 power charged by the Bonneville Power Administration in

18 that fiscal year under section 7(b) of the Pacific Northwest

19 Electric Power Planning and Conservation Act (16 U.S.C.

20 839e(b)).

21 (B) The Bureau of Reclamation shall, using funds ap22 propriated pursuant to the authorization of appropriations

23 in subparagraph (A), reimburse the Bonneville Power Ad24 ministration for the costs of the project power provided
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1 under this subsection. Such funds shall be available for such

2 purpose without fiscal year limitation.

3 (c) SUBORDINATION.—Any diversions for hydropower

4 generation at the Chandler Powerplant shall be subordi5 nated to meet the flow targets determined under subsection

6 (f).

7 (d) WATER SUPPLY FOR KENNEWICK IRRIGATION DIS8 TRICT.—The Secretary shall ensure that the irrigation

9 water supply for the Kennewick Irrigation District shall

10 not be affected by conservation, electrification, or subordi11 nation pursuant to this title and any reduction in its irri12 gation water supply resulting from conservation measures

13 adopted or implemented by other entities pursuant to this

14 title shall be replaced by water developed through subordi15 nation, electrification, or a combination of the two.

16 (e) TREATMENT OF CERTAIN FUNDS.—Funds appro17 priated and project power provided pursuant to this section

18 shall be nonreimbursable since such funds are used for fish

19 and wildlife purposes and such funds are not subject to cost

20 share under section 1203(d).

21 (f) TARGET FLOWS.—Target flows measured at appro22 priate biological and hydrological location or locations shall

23 be determined by the Yakima Project Superintendent in

24 consultation with the System Operations Advisory Commit25 tee.
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1 SEC. 1209. AUGMENTATION OF KACHESS RESERVOIR

2 STORED WATER.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—In order

4 to augment Kachess Reservoir stored water supplies from

5 flows of Cabin Creek and Silver Creek which are excess to

6 system demands, there is authorized to be appropriated—

7 (1) such sums as may be necessary to carry out

8 a feasibility study, including the benefits, costs, and

9 environmental aspects, of the facility described in

10 paragraph (2);

11 (2) for the construction of facilities to convey

12 such flows to Kachess Reservoir, $20,000,000; and

13 (3) such sums as may be necessary for the pro

14 rata share of the operation and maintenance allocated

15 to fish and wildlife determined by the Secretary.

16 (b) LIMITATION.—Construction of the facilities de17 scribed in subsection (a)(1) is contingent on the completion

18 of the feasibility study referred to in subsection (a)(2).

19 (c) USE OF ADDITIONAL WATER.—The stored water

20 supply resulting from the construction of facilities under

21 this section shall be used by the Secretary to—

22 (1) enhance the water supply available to the

23 Kittitas Reclamation District and the Roza Irriga24 tion District in years of proration; and
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1 (2) facilitate reservoir operations in the Easton

2 Dam to Keechelus Dam reach of the Yakima River for

3 the propagation of anadromous fish.

4 (d) TREATMENT OF COSTS.—The construction and op5 eration and maintenance costs of the facilities under this

6 section shall be allocated to irrigation and fishery enhance7 ment, as follows:

8 (1) The portion of such costs allocated to irriga9 tion is reimbursable, with the construction costs to be

10 paid prior to initiation of construction by the

11 Kittitas Reclamation District and the Roza Irriga12 tion District.

13 (2) The portion of such costs allocated to fishery

14 enhancement is nonreimbursable.

15 (e) KACHESS DAM MODIFICATIONS.—There is author16 ized to be appropriated $2,000,000 for the modification of

17 the discharge facilities of Kachess Dam to improve reservoir

18 operations for anadromous fish enhancement. Amounts ap19 propriated under this subsection are nonreimbursable.

20 SEC. 1210. INTERIM COMPREHENSIVE BASIN OPERATING

21 PLAN.

22 (a) DEVELOPMENT.—The Secretary shall, in consulta23 tion with the State of Washington, Yakama Indian Nation,

24 Yakima River Basin irrigation districts, Bonneville Power

25 Administration, and other entities as determined by the
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1 Secretary, develop an interim comprehensive operating

2 plan for providing a general framework within which the

3 Yakima Project Superintendent operates the Yakima

4 Project, including measures implemented under the Yakima

5 River Basin Water Enhancement Project, including (but

6 not limited to)—

7 (1) operating capability and constraints of the

8 system;

9 (2) information on water supply calculations an

10 water needs;

11 (3) system operations and stream flow objectives;

12 and

13 (4) the System Operations Advisory Committee

14 activities.

15 (b) PROCESS REQUIREMENTS.—A draft of the interim

16 comprehensive basin operating plan shall be completed

17 within 18 months after the completion of the Basin Con18 servation Plan under section 1203(f) and, upon completion,

19 published for a 90-day public review period. The Secretary

20 shall complete and publish the final interim comprehensive

21 operating plan within 90 days after the close of the public

22 review period. The Secretary shall update the plan as need23 ed to respond to decisions from water adjudications relating

24 to the Yakima River basin.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $100,000 to carry out this

3 section.

4 SEC. 1211. ENVIRONMENTAL COMPLIANCE.

5 There are hereby authorized to be appropriated to the

6 Secretary $2,000,000 for environmental compliance activi7 ties including the conduct, in cooperation with the State

8 of Washington, of an inventory of wildlife and wetland re9 sources in the Yakima River basin and an investigation

10 of measures, including ‘‘wetland banking’’, which could be

11 implemented to address potential impacts which could re12 sult from the activities taken under this title.

13 SEC. 1212. SAVINGS AND CONTINGENCIES.

14 (a) IN GENERAL.—Nothing in this title shall be con15 strued to—

16 (1) affect or modify any treaty or other right of

17 the Yakama Indian Nation;

18 (2) authorize the appropriation or use of water

19 by any Federal, State, or local agency, the Yakama

20 Indian Nation, or any other entity or individual;

21 (3) impair the rights or jurisdictions of the

22 United States, the States, the Yakama Indian Nation,

23 or other entities over waters of any river or stream

24 or over any ground water resource;
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1 (4) alter, amend, repeal, interpret, modify, or be

2 in conflict with any interstate compact made by the

3 States;

4 (5) alter, establish, or impair the respective

5 rights of States, the United States, the Yakama In6 dian Nation, or any other entity or individual with

7 respect to any water or water-related right;

8 (6) alter, diminish, or abridge the rights and ob9 ligations of any Federal, State, or local agency, the

10 Yakama Indian Nation, or other entity, public or pri11 vate;

12 (7) affect or modify the rights of the Yakama In13 dian Nation or its successors in interest to, and man14 agement and regulation of, those water resources aris15 ing or used, within the external boundaries of the

16 Yakama Indian Reservation;

17 (8) affect or modify the settlement agreement be18 tween the United States and the State of Washington

19 filed in Yakima County Superior Court with regard

20 to Federal reserved water rights other than those

21 rights reserved by the United States for the benefit of

22 the Yakama Indian Nation and its members;

23 (9) affect or modify the rights of any Federal,

24 State, or local agency, the Yakama Indian Nation, or

25 any other entity, public or private with respect to
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1 any unresolved and unsettled claims in any water

2 right adjudications, or court decisions, including

3 State against Acquavella, or constitute evidence in

4 any such proceeding in which any water or water re5 lated right is adjudicated; or

6 (10) preclude other planning studies and projects

7 to accomplish the purposes of this title by other

8 means: funded publicly, privately, or by a combina9 tion of public and private funding.

10 (b) CONTINGENCY BASED ON APPROPRIATIONS.—The

11 performance of any activity under this title which requires

12 accomplishment within a specified period that may require

13 appropriation of money by Congress or the allotment of

14 funds shall be contingent upon such appropriation or allot15 ment being made.

16 TITLE XIII—LIMITATION ON AP17 PLICATION OF REQUIREMENT

18 FOR ACQUISITIONS BY UNIT19 ED STATES UNDER MIGRA20 TORY BIRD CONSERVATION

21 ACT

22 Section 7 of the Migratory Bird Conservation Act (16

23 U.S.C. 715f) is amended by inserting ‘‘in fee’’ after ‘‘con24 veyance’’.
103D CONGRESS

2D SESSION S. 1146

AMENDMENT