I 

116TH CONGRESS 

1ST SESSION H. R. 1048 

To authorize phase III of the Yakima River Basin Water Enhancement 

Project, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2019 

Mr. NEWHOUSE (for himself and Ms. SCHRIER) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To authorize phase III of the Yakima River Basin Water 

Enhancement Project, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Yakima River Basin 

5 Water Enhancement Project Phase III Act’’. 

6 SEC. 2. AUTHORIZATION OF PHASE III. 

7 (a) DEFINITIONS.—In this section: 

8 (1) INTEGRATED PLAN.—The term ‘‘Integrated 

9 Plan’’ means the Yakima River Basin Integrated 

10 Water Resource Management Plan, the Federal eleVerDate Sep 11 2014 00:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1048.IH H1048

pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 1048 IH

1 ments of which are known as ‘‘phase III of the Yak2 ima River Basin Water Enhancement Project’’, as 

3 described in the Bureau of Reclamation document 

4 entitled ‘‘Record of Decision for the Yakima River 

5 Basin Integrated Water Resource Management Plan 

6 Final Programmatic Environmental Impact State7 ment’’ and dated March 2, 2012. 

8 (2) IRRIGATION ENTITY.—The term ‘‘irrigation 

9 entity’’ means a district, project, or State-recognized 

10 authority, board of control, agency, or entity located 

11 in the Yakima River basin that manages and deliv12 ers irrigation water to farms in the Yakima River 

13 basin. 

14 (3) PRORATABLE IRRIGATION ENTITY.—The 

15 term ‘‘proratable irrigation entity’’ means an irriga16 tion entity that possesses, or the members of which 

17 possess, proratable water (as defined in section 1202 

18 of Public Law 103–434 (108 Stat. 4551)). 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (5) STATE.—The term ‘‘State’’ means the State 

22 of Washington. 

23 (6) TOTAL WATER SUPPLY AVAILABLE.—The 

24 term ‘‘total water supply available’’ has the meaning 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 1048 IH

1 given the term in applicable civil actions, as deter2 mined by the Secretary. 

3 (7) YAKIMA RIVER BASIN WATER ENHANCE4 MENT PROJECT.—The term ‘‘Yakima River Basin 

5 Water Enhancement Project’’ means the Yakima 

6 River basin water enhancement project authorized 

7 by Congress pursuant to title XII of Public Law 

8 103–434 (108 Stat. 4550; 114 Stat. 1425) and 

9 other Acts (including Public Law 96–162 (93 Stat. 

10 1241), section 109 of Public Law 98–381 (16 

11 U.S.C. 839b note), and Public Law 105–62 (111 

12 Stat. 1320)) to promote water conservation, water 

13 supply, habitat, and stream enhancement improve14 ments in the Yakima River basin. 

15 (b) INTEGRATED PLAN.— 

16 (1) INITIAL DEVELOPMENT PHASE.— 

17 (A) IN GENERAL.—As the initial develop18 ment phase of the Integrated Plan, the Sec19 retary, in coordination with the State and the 

20 Yakama Nation, shall identify and implement 

21 projects under the Integrated Plan that are pre22 pared to be commenced during the 10-year pe23 riod beginning on the date of enactment of this 

24 Act. 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 1048 IH

1 (B) REQUIREMENT.—The initial develop2 ment phase of the Integrated Plan under sub3 paragraph (A) shall be carried out in accord4 ance with— 

5 (i) this subsection, including any re6 lated plans, reports, and correspondence 

7 referred to in this subsection; and 

8 (ii) title XII of Public Law 103–434 

9 (108 Stat. 4550; 114 Stat. 1425). 

10 (2) INTERMEDIATE AND FINAL DEVELOPMENT

11 PHASES.— 

12 (A) PLANS.—The Secretary, in coordina13 tion with the State and the Yakama Nation, 

14 shall develop plans for the intermediate and 

15 final development phases of the Integrated Plan 

16 to achieve the purposes of title XII of Public 

17 Law 103–434 (108 Stat. 4550; 114 Stat. 

18 1425), including conducting applicable feasi19 bility studies, environmental reviews, and other 

20 relevant studies required to develop those plans. 

21 (B) INTERMEDIATE DEVELOPMENT

22 PHASE.—The Secretary, in coordination with 

23 the State and the Yakama Nation, shall develop 

24 an intermediate development phase of the Inte25 grated Plan, to commence not earlier than the 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 1048 IH

1 date that is 10 years after the date of enact2 ment of this Act. 

3 (C) FINAL DEVELOPMENT PHASE.—The 

4 Secretary, in coordination with the State and 

5 the Yakama Nation, shall develop a final devel6 opment phase of the Integrated Plan, to com7 mence not earlier than the date that is 20 years 

8 after the date of enactment of this Act. 

9 (3) REQUIREMENTS.—The projects and activi10 ties identified by the Secretary for implementation 

11 under the Integrated Plan shall be carried out 

12 only— 

13 (A) subject to authorization and appropria14 tion; 

15 (B) contingent on the completion of appli16 cable feasibility studies, environmental reviews, 

17 and cost-benefit analyses that include favorable 

18 recommendations for further project develop19 ment; 

20 (C) on public review and a determination 

21 by the Secretary that design, construction, and 

22 operation of a proposed project or activity is in 

23 the best interest of the public; and 

24 (D) in accordance with applicable laws, in25 cluding— 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 1048 IH

1 (i) the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); and 

3 (ii) the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.). 

5 (4) EFFECT OF SUBSECTION.—Nothing in this 

6 subsection— 

7 (A) shall be considered to be a new or sup8 plemental benefit for purposes of the Reclama9 tion Reform Act of 1982 (43 U.S.C. 390aa et 

10 seq.); 

11 (B) affects— 

12 (i) any contract in existence on the 

13 date of enactment of this Act that was exe14 cuted pursuant to the reclamation laws; or 

15 (ii) any contract or agreement be16 tween the Bureau of Indian Affairs and 

17 the Bureau of Reclamation; 

18 (C) affects, waives, abrogates, diminishes, 

19 defines, or interprets any treaty between the 

20 Yakama Nation and the United States; or 

21 (D) constrains the authority of the Sec22 retary to provide fish passage in the Yakima 

23 River basin, in accordance with the Hoover 

24 Power Plant Act of 1984 (43 U.S.C. 619 et 

25 seq.). 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 1048 IH

1 (5) PROGRESS REPORT.—Not later than 5 

2 years after the date of enactment of this Act, the 

3 Secretary, in conjunction with the State and in con4 sultation with the Yakama Nation, shall submit to 

5 the Committee on Energy and Natural Resources of 

6 the Senate and the Committee on Natural Resources 

7 of the House of Representatives a progress report on 

8 the development and implementation of the Inte9 grated Plan. 

10 (c) FINANCING, CONSTRUCTION, OPERATION, AND

11 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

12 PLANT AND KEECHELUS TO KACHESS PIPELINE.— 

13 (1) LONG-TERM AGREEMENTS.— 

14 (A) IN GENERAL.—A long-term agreement 

15 negotiated pursuant to this section or the rec16 lamation laws between the Secretary and a par17 ticipating proratable irrigation entity in the 

18 Yakima River basin for the non-Federal financ19 ing, construction, operation, or maintenance of 

20 the Drought Relief Pumping Plant or the 

21 Keechelus to Kachess Pipeline shall include pro22 visions regarding— 

23 (i) responsibilities of each partici24 pating proratable irrigation entity for— 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 1048 IH

1 (I) the planning, design, and con2 struction of infrastructure, in con3 sultation and coordination with the 

4 Secretary; and 

5 (II) the pumping and operational 

6 costs necessary to provide the total 

7 water supply available that is made 

8 inaccessible due to drought pumping 

9 during any preceding calendar year, if 

10 the Kachess Reservoir fails to refill as 

11 a result of pumping drought storage 

12 water during such a calendar year; 

13 (ii) property titles and responsibilities 

14 of each participating proratable irrigation 

15 entity for the maintenance of, and liability 

16 for, all infrastructure constructed under 

17 title XII of Public Law 103–434 (108 

18 Stat. 4550; 114 Stat. 1425); 

19 (iii) operation and integration of the 

20 projects by the Secretary in the operation 

21 of the Yakima Project; and 

22 (iv) costs associated with the design, 

23 financing, construction, operation, mainte24 nance, and mitigation of projects, with the 

25 costs of Federal oversight and review to be 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•HR 1048 IH

1 nonreimbursable to the participating pro2 ratable irrigation entities and the Yakima 

3 Project. 

4 (B) TREATMENT.—A facility developed or 

5 operated by a participating proratable irrigation 

6 entity under this subsection shall not be consid7 ered to be a supplemental work for purposes of 

8 section 9(a) of the Reclamation Project Act of 

9 1939 (43 U.S.C. 485h(a)). 

10 (2) KACHESS RESERVOIR.— 

11 (A) IN GENERAL.—Any additional stored 

12 water made available by the construction of a 

13 facility to access and deliver inactive and nat14 ural storage in Kachess Lake and Reservoir 

15 under this subsection— 

16 (i) shall be considered to be Yakima 

17 Project water; 

18 (ii) shall be used exclusively by the 

19 Secretary to enhance the water supply dur20 ing years for which the total water supply 

21 available is not sufficient to provide a per22 centage of proratable entitlements in order 

23 to make that additional water available, in 

24 a quantity representing not more than 70 

25 percent of proratable entitlements to the 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•HR 1048 IH

1 Kittitas Reclamation District, the Roza Ir2 rigation District, or any other proratable 

3 irrigation entity participating in the con4 struction, operation, or maintenance costs 

5 of a facility under this section, in accord6 ance with such terms and conditions as the 

7 districts may agree, subject to the condi8 tions that— 

9 (I) the Bureau of Indian Affairs, 

10 the Wapato Irrigation Project, and 

11 the Yakama Nation, on an election to 

12 participate, may also obtain water 

13 from Kachess Reservoir inactive stor14 age to enhance applicable existing irri15 gation water supply in accordance 

16 with such terms and conditions as the 

17 Bureau of Indian Affairs and the 

18 Yakama Nation may agree; and 

19 (II) the additional supply made 

20 available under this clause shall be 

21 available to participating individuals 

22 and entities based on— 

23 (aa) the proportion that— 

24 (AA) the proratable en25 titlement of each particiVerDate Sep 11 2014 00:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1048.IH H1048

pamtmann on DSKBFK8HB2PROD with BILLS
11 

•HR 1048 IH

1 pating individual or entity; 

2 bears to 

3 (BB) the proratable en4 titlements of all partici5 pating individuals and enti6 ties; or 

7 (bb) such other proportion 

8 as the participating entities may 

9 agree; and 

10 (iii) shall not be any portion of the 

11 total water supply available. 

12 (B) EFFECT OF PARAGRAPH.—Nothing in 

13 this paragraph affects, as in existence on the 

14 date of enactment of this Act, any— 

15 (i) contract; 

16 (ii) law (including regulations) relat17 ing to repayment costs; 

18 (iii) water rights; or 

19 (iv) treaty right of the Yakama Na20 tion. 

21 (3) PROJECT POWER FOR KACHESS PUMPING

22 PLANT.— 

23 (A) IN GENERAL.—Subject to subpara24 graphs (B) through (D), the Administrator of 

25 the Bonneville Power Administration, pursuant 


pamtmann on DSKBFK8HB2PROD with BILLS
12 

•HR 1048 IH

1 to the Pacific Northwest Electric Power Plan2 ning and Conservation Act (16 U.S.C. 839 et 

3 seq.), shall provide to the Secretary project 

4 power to operate the Kachess Pumping Plant 

5 constructed under this section if inactive stor6 age in the Kachess Reservoir is needed to pro7 vide drought relief for irrigation. 

8 (B) DETERMINATIONS BY SECRETARY.— 

9 The project power described in subparagraph 

10 (A) may be provided only if the Secretary deter11 mines that— 

12 (i) there are in effect— 

13 (I) a drought declaration issued 

14 by the State; and 

15 (II) conditions that have led to 

16 70 percent or lower water delivery to 

17 proratable irrigation districts; and 

18 (ii) it is appropriate to provide the 

19 power under that subparagraph. 

20 (C) PERIOD OF AVAILABILITY.—The power 

21 described in subparagraph (A) shall be provided 

22 during the period— 

23 (i) beginning on the date on which the 

24 Secretary makes the determinations de25 scribed in subparagraph (B); and 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•HR 1048 IH

1 (ii) ending on the earlier of— 

2 (I) the date that is 1 year after 

3 that date; and 

4 (II) the date on which the Sec5 retary determines that— 

6 (aa) drought mitigation 

7 measures are still necessary in 

8 the Yakima River basin; or 

9 (bb) the power should no 

10 longer be provided for any other 

11 reason. 

12 (D) RATE.— 

13 (i) IN GENERAL.—The Administrator 

14 of the Bonneville Power Administration 

15 shall provide project power under subpara16 graph (A) at the then-applicable lowest 

17 Bonneville Power Administration rate for 

18 public body, cooperative, and Federal agen19 cy customer firm obligations on the date 

20 on which the authority is provided. 

21 (ii) NO DISCOUNTS.—The rate under 

22 clause (i) shall not include any irrigation 

23 discount. 

24 (E) LOCAL PROVIDER.—During any period 

25 for which project power is not provided under 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•HR 1048 IH

1 subparagraph (A), the Secretary shall obtain 

2 power to operate the Kachess Pumping Plant 

3 from a local provider. 

4 (F) OTHER COSTS.—The cost of power for 

5 pumping and station service, and the costs of 

6 transmitting power from the Federal Columbia 

7 River power system to the pumping facilities of 

8 the Yakima River Basin Water Enhancement 

9 Project, shall be borne by the irrigation dis10 tricts receiving the benefits of the applicable 

11 water. 

12 (G) DUTIES OF COMMISSIONER.—For pur13 poses of this paragraph, the Commissioner of 

14 Reclamation shall arrange transmission for any 

15 delivery of— 

16 (i) Federal power over the Bonneville 

17 system through applicable tariff and busi18 ness practice processes of that system; or 

19 (ii) power obtained from any local 

20 provider. 

21 (d) DESIGN AND USE OF GROUNDWATER RECHARGE

22 PROJECTS.—The Secretary, in coordination with the State 

23 and the Yakama Nation, may provide technical assistance 

24 for, participate in, and enter into agreements, including 

25 with irrigation entities for the use of excess conveyance 


pamtmann on DSKBFK8HB2PROD with BILLS
15 

•HR 1048 IH

1 capacity in Yakima River Basin Water Enhancement 

2 Project facilities, for— 

3 (1) groundwater recharge projects; and 

4 (2) aquifer storage and recovery projects. 

5 (e) OPERATIONAL CONTROL OF WATER SUPPLIES.— 

6 (1) IN GENERAL.—The Secretary shall retain 

7 authority and discretion over the management of 

8 Yakima River Basin Water Enhancement Project 

9 supplies— 

10 (A) to optimize operational use and flexi11 bility; and 

12 (B) to ensure compliance with all applica13 ble Federal and State laws, treaty rights of the 

14 Yakama Nation, and legal obligations, including 

15 those under title XII of Public Law 103–434 

16 (108 Stat. 4550; 114 Stat. 1425). 

17 (2) INCLUSION.—The authority and discretion 

18 described in paragraph (1) shall include the ability 

19 of the United States to store, deliver, conserve, and 

20 reuse water supplies deriving from projects author21 ized under title XII of Public Law 103–434 (108 

22 Stat. 4550; 114 Stat. 1425). 

23 (f) COOPERATIVE AGREEMENTS AND GRANTS.—The 

24 Secretary may enter into cooperative agreements and 

25 make grants to carry out this section, including for the 


pamtmann on DSKBFK8HB2PROD with BILLS
16 

•HR 1048 IH

1 purposes of land and water transfers, leases, and acquisi2 tions from willing participants, subject to the condition 

3 that the acquiring entity shall hold title to, and be respon4 sible for, all required operation, maintenance, and man5 agement of the acquired land or water during any period 

6 in which the acquiring entity holds title to the acquired 

7 land. 

8 (g) WATER CONSERVATION PROJECTS.—The Sec9 retary may participate in, provide funding for, and accept 

10 non-Federal financing for water conservation projects, re11 gardless of whether the projects are in accordance with 

12 the Yakima River Basin Water Conservation Program es13 tablished under section 1203 of Public Law 103–434 (108 

14 Stat. 4551), that are intended to partially implement the 

15 Integrated Plan by providing conserved water to improve 

16 tributary and mainstem stream flow. 

17 (h) INDIAN IRRIGATION PROJECTS.— 

18 (1) IN GENERAL.—The Secretary, acting 

19 through the Commissioner of Reclamation, may con20 tribute funds for the preparation of plans and inves21 tigation measures, and, after the date on which the 

22 Secretary certifies that the measures are consistent 

23 with the water conservation objectives of this sec24 tion, to any Indian irrigation project— 


pamtmann on DSKBFK8HB2PROD with BILLS
17 

•HR 1048 IH

1 (A) that is located in the Pacific North2 west Region; 

3 (B) that is identified in the report of the 

4 Government Accountability Office numbered 

5 GAO–15–453T; 

6 (C) that has been identified as part of a 

7 Bureau of Reclamation basin study pursuant to 

8 subtitle F of title IX of Public Law 111–11 (42 

9 U.S.C. 10361 et seq.) to increase water supply 

10 for the Pacific Northwest Region; and 

11 (D) an improvement to which would con12 tribute to the flow of interstate water. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $75,000,000. 

16 SEC. 3. MODIFICATION OF PURPOSES AND DEFINITIONS. 

17 (a) PURPOSES.—Section 1201 of Public Law 103– 

18 434 (108 Stat. 4550) is amended— 

19 (1) by striking paragraph (1) and inserting the 

20 following: 

21 ‘‘(1) to protect, mitigate, and enhance fish and 

22 wildlife and the recovery and maintenance of self23 sustaining harvestable populations of fish and other 

24 aquatic life, both anadromous and resident species, 


pamtmann on DSKBFK8HB2PROD with BILLS
18 

•HR 1048 IH

1 throughout their historic distribution range in the 

2 Yakima Basin through— 

3 ‘‘(A) improved water management and the 

4 constructions of fish passage at storage and di5 version dams, as authorized under the Hoover 

6 Power Plant Act of 1984 (43 U.S.C. 619 et 

7 seq.); 

8 ‘‘(B) improved instream flows and water 

9 supplies; 

10 ‘‘(C) improved water quality, watershed, 

11 and ecosystem function; 

12 ‘‘(D) protection, creation, and enhance13 ment of wetlands; and 

14 ‘‘(E) other appropriate means of habitat 

15 improvement;’’; 

16 (2) in paragraph (2), by inserting ‘‘, municipal, 

17 industrial, and domestic water supply and use pur18 poses, especially during drought years, including re19 ducing the frequency and severity of water supply 

20 shortages for pro-ratable irrigation entities’’ before 

21 the semicolon at the end; 

22 (3) by striking paragraph (4); 

23 (4) by redesignating paragraph (3) as para24 graph (4); 


pamtmann on DSKBFK8HB2PROD with BILLS
19 

•HR 1048 IH

1 (5) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) to authorize the Secretary to make water 

4 available for purchase or lease for meeting munic5 ipal, industrial, and domestic water supply pur6 poses;’’; 

7 (6) by redesignating paragraphs (5) and (6) as 

8 paragraphs (6) and (8), respectively; 

9 (7) by inserting after paragraph (4) (as redesig10 nated by paragraph (4)) the following: 

11 ‘‘(5) to realize sufficient water savings from im12 plementing the Yakima River Basin Integrated 

13 Water Resource Management Plan, so that not less 

14 than 85,000 acre feet of water savings are achieved 

15 by implementing the initial development phase of the 

16 Integrated Plan pursuant to section 2(b)(1) of the 

17 Yakima River Basin Water Enhancement Project 

18 Phase III Act, in addition to the 165,000 acre-feet 

19 of water savings targeted through the Basin Con20 servation Program, as authorized on October 31, 

21 1994;’’; 

22 (8) in paragraph (6) (as redesignated by para23 graph (6))— 

24 (A) by inserting ‘‘an increase in’’ before 

25 ‘‘voluntary’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
20 

•HR 1048 IH

1 (B) by striking ‘‘and’’ at the end; 

2 (9) by inserting after paragraph (6) (as so re3 designated) the following: 

4 ‘‘(7) to encourage an increase in the use of, and 

5 reduce the barriers to, water transfers, leasing, mar6 kets, and other voluntary transactions among public 

7 and private entities to enhance water management 

8 in the Yakima River basin;’’; 

9 (10) in paragraph (8) (as so redesignated), by 

10 striking the period at the end and inserting ‘‘; and’’; 

11 and 

12 (11) by adding at the end the following: 

13 ‘‘(9) to improve the resilience of the ecosystems, 

14 economies, and communities in the Yakima River 

15 basin facing drought, hydrologic changes, and other 

16 related changes and variability in natural and 

17 human systems, for the benefit of the people, fish, 

18 and wildlife of the region.’’. 

19 (b) DEFINITIONS.—Section 1202 of Public Law 103– 

20 434 (108 Stat. 4550) is amended— 

21 (1) by redesignating paragraphs (6), (7), (8), 

22 (9), (10), (11), (12), (13), and (14) as paragraphs 

23 (8), (10), (11), (12), (13), (14), (15), (17), and 

24 (18), respectively; 


pamtmann on DSKBFK8HB2PROD with BILLS
21 

•HR 1048 IH

1 (2) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

4 term ‘designated Federal official’ means the Com5 missioner of Reclamation (or a designee), acting 

6 pursuant to the charter of the Conservation Advisory 

7 Group. 

8 ‘‘(7) INTEGRATED PLAN.—The term ‘Integrated 

9 Plan’ has the meaning given the term in section 2(a) 

10 of the Yakima River Basin Water Enhancement 

11 Project Phase III Act, to be carried out in coopera12 tion with, and in addition to, activities of the State 

13 of Washington and the Yakama Nation.’’; 

14 (3) by inserting after paragraph (8) (as redesig15 nated by paragraph (1)) the following: 

16 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

17 WATER SUPPLY AND USE.—The term ‘municipal, in18 dustrial, and domestic water supply and use’ means 

19 the supply and use of water for— 

20 ‘‘(A) domestic consumption (whether urban 

21 or rural); 

22 ‘‘(B) maintenance and protection of public 

23 health and safety; 


pamtmann on DSKBFK8HB2PROD with BILLS
22 

•HR 1048 IH

1 ‘‘(C) manufacture, fabrication, processing, 

2 assembly, or other production of a good or com3 modity; 

4 ‘‘(D) production of energy; 

5 ‘‘(E) fish hatcheries; or 

6 ‘‘(F) water conservation activities relating 

7 to a use described in subparagraphs (A) 

8 through (E).’’; and 

9 (4) by inserting after paragraph (15) (as so re10 designated) the following: 

11 ‘‘(16) YAKIMA ENHANCEMENT PROJECT; YAK12 IMA RIVER BASIN WATER ENHANCEMENT

13 PROJECT.—The terms ‘Yakima Enhancement 

14 Project’ and ‘Yakima River Basin Water Enhance15 ment Project’ mean the Yakima River basin water 

16 enhancement project authorized by Congress pursu17 ant to this Act and other Acts (including Public Law 

18 96–162 (93 Stat. 1241), section 109 of Public Law 

19 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub20 lic Law 105–62 (111 Stat. 1320), and Public Law 

21 106–372 (114 Stat. 1425)) to promote water con22 servation, water supply, habitat, and stream en23 hancement improvements in the Yakima River 

24 basin.’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
23 

•HR 1048 IH

1 SEC. 4. YAKIMA RIVER BASIN WATER CONSERVATION PRO2 GRAM. 

3 Section 1203 of Public Law 103–434 (108 Stat. 

4 4551) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) in the second sentence, by striking 

8 ‘‘title’’ and inserting ‘‘section’’; and 

9 (ii) in the third sentence, by striking 

10 ‘‘within 5 years of the date of enactment 

11 of this Act’’; and 

12 (B) in paragraph (2), by striking ‘‘irriga13 tion’’ and inserting ‘‘the number of irrigated 

14 acres’’; 

15 (2) in subsection (c)— 

16 (A) in paragraph (2)— 

17 (i) in each of subparagraphs (A) 

18 through (D), by striking the comma at the 

19 end of the subparagraph and inserting a 

20 semicolon; 

21 (ii) in subparagraph (E), by striking 

22 the comma at the end and inserting ‘‘; 

23 and’’; 

24 (iii) in subparagraph (F), by striking 

25 ‘‘Department of Wildlife of the State of 

26 Washington, and’’ and inserting ‘‘DepartVerDate Sep 11 2014 00:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1048.IH H1048

pamtmann on DSKBFK8HB2PROD with BILLS
24 

•HR 1048 IH

1 ment of Fish and Wildlife of the State of 

2 Washington.’’; and 

3 (iv) by striking subparagraph (G); 

4 (B) in paragraph (3)— 

5 (i) in each of subparagraphs (A) 

6 through (C), by striking the comma at the 

7 end of the subparagraph and inserting a 

8 semicolon; 

9 (ii) in subparagraph (D), by striking 

10 ‘‘, and’’ at the end and inserting a semi11 colon; 

12 (iii) in subparagraph (E), by striking 

13 the period at the end and inserting ‘‘; 

14 and’’; and 

15 (iv) by adding at the end the fol16 lowing: 

17 ‘‘(F) provide recommendations to advance 

18 the purposes and programs of the Yakima En19 hancement Project, including the Integrated 

20 Plan.’’; and 

21 (C) by striking paragraph (4) and insert22 ing the following: 

23 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF24 FICIAL.—The designated Federal official may— 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•HR 1048 IH

1 ‘‘(A) arrange and provide logistical support 

2 for meetings of the Conservation Advisory 

3 Group; 

4 ‘‘(B) use a facilitator to serve as a moder5 ator for meetings of the Conservation Advisory 

6 Group or provide additional logistical support; 

7 and 

8 ‘‘(C) grant any request for a facilitator by 

9 any member of the Conservation Advisory 

10 Group.’’; 

11 (3) in subsection (d), by adding at the end the 

12 following: 

13 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

14 FEDERAL GOVERNMENT.— 

15 ‘‘(A) IN GENERAL.—The State or the Fed16 eral Government may fund not more than the 

17 17.5-percent local share of the costs of the 

18 Basin Conservation Program in exchange for 

19 the long-term use of conserved water, subject to 

20 the requirement that the funding by the Fed21 eral Government of the local share of the costs 

22 shall provide a quantifiable public benefit in 

23 meeting Federal responsibilities in the Yakima 

24 River basin and the purposes of this title. 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•HR 1048 IH

1 ‘‘(B) USE OF CONSERVED WATER.—The 

2 Yakima Project Manager may use water result3 ing from conservation measures taken under 

4 this title, in addition to water that the Bureau 

5 of Reclamation may acquire from any willing 

6 seller through purchase, donation, or lease, for 

7 water management uses pursuant to this title.’’; 

8 (4) in subsection (e), by striking the first sen9 tence and inserting the following: ‘‘To participate in 

10 the Basin Conservation Program, as described in 

11 subsection (b), an entity shall submit to the Sec12 retary a proposed water conservation plan.’’; 

13 (5) in subsection (i)(3)— 

14 (A) by striking ‘‘purchase or lease’’ each 

15 place it appears and inserting ‘‘purchase, lease, 

16 or management’’; and 

17 (B) in the third sentence, by striking 

18 ‘‘made immediately upon availability’’ and all 

19 that follows through ‘‘Committee’’ and inserting 

20 ‘‘continued as needed to provide water to be 

21 used by the Yakima Project Manager as rec22 ommended by the System Operations Advisory 

23 Committee and the Conservation Advisory 

24 Group’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
27 

•HR 1048 IH

1 (6) in subsection (j)(4), in the first sentence, by 

2 striking ‘‘initial acquisition’’ and all that follows 

3 through ‘‘flushing flows’’ and inserting ‘‘acquisition 

4 of water from willing sellers or lessors specifically to 

5 provide improved instream flows for anadromous 

6 and resident fish and other aquatic life, including 

7 pulse flows to facilitate outward migration of anad8 romous fish’’. 

9 SEC. 5. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

10 AND AUTHORIZATIONS. 

11 (a) REDESIGNATION OF YAKAMA NATION.—Section 

12 1204(g) of Public Law 103–434 (108 Stat. 4557) is 

13 amended— 

14 (1) by striking the subsection designation and 

15 heading and all that follows through paragraph (1) 

16 and inserting the following: 

17 ‘‘(g) REDESIGNATION OF YAKAMA INDIAN NATION

18 TO YAKAMA NATION.— 

19 ‘‘(1) REDESIGNATION.—The Confederated 

20 Tribes and Bands of the Yakama Indian Nation 

21 shall be known and designated as the ‘Confederated 

22 Tribes and Bands of the Yakama Nation’.’’; and 

23 (2) in paragraph (2), by striking ‘‘deemed to be 

24 a reference to the ‘Confederated Tribes and Bands 

25 of the Yakama Indian Nation’.’’ and inserting 


pamtmann on DSKBFK8HB2PROD with BILLS
28 

•HR 1048 IH

1 ‘‘deemed to be a reference to the ‘Confederated 

2 Tribes and Bands of the Yakama Nation’.’’. 

3 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec4 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

5 amended— 

6 (1) in subsection (a)(4)— 

7 (A) in subparagraph (A)— 

8 (i) in clause (i)— 

9 (I) by inserting ‘‘additional’’ 

10 after ‘‘secure’’; 

11 (II) by striking ‘‘flushing’’ and 

12 inserting ‘‘pulse’’; and 

13 (III) by striking ‘‘uses’’ and in14 serting ‘‘uses, in addition to the quan15 tity of water provided under the trea16 ty between the Yakama Nation and 

17 the United States’’; 

18 (ii) by striking clause (ii); 

19 (iii) by redesignating clause (iii) as 

20 clause (ii); and 

21 (iv) in clause (ii) (as so redesignated) 

22 by inserting ‘‘and water rights mandated’’ 

23 after ‘‘goals’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
29 

•HR 1048 IH

1 (B) in subparagraph (B)(i), in the first 

2 sentence, by inserting ‘‘in proportion to the 

3 funding received’’ after ‘‘Program’’; 

4 (2) in subsection (b), in the second sentence, by 

5 striking ‘‘instream flows for use by the Yakima 

6 Project Manager as flushing flows or as otherwise’’ 

7 and inserting ‘‘fishery purposes, as’’; and 

8 (3) in subsection (e), by striking paragraph (1) 

9 and inserting the following: 

10 ‘‘(1) IN GENERAL.—Additional purposes of the 

11 Yakima Project shall be any of the following: 

12 ‘‘(A) To recover and maintain self-sus13 taining harvestable populations of native fish, 

14 both anadromous and resident species, through15 out their historic distribution range in the Yak16 ima River basin. 

17 ‘‘(B) To protect, mitigate, and enhance 

18 aquatic life and wildlife. 

19 ‘‘(C) Recreation. 

20 ‘‘(D) Municipal, industrial, and domestic 

21 use.’’. 

22 (c) ENHANCEMENT OF WATER SUPPLIES FOR YAK23 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

24 103–434 (108 Stat. 4560) is amended— 


pamtmann on DSKBFK8HB2PROD with BILLS
30 

•HR 1048 IH

1 (1) in the section heading, by striking ‘‘SUP2 PLIES’’ and inserting ‘‘MANAGEMENT’’; 

3 (2) in subsection (a)— 

4 (A) in the matter preceding paragraph (1), 

5 by striking ‘‘supplies’’ and inserting ‘‘manage6 ment’’; 

7 (B) in paragraph (1), by inserting ‘‘and 

8 water supply entities’’ after ‘‘owners’’; and 

9 (C) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘that choose not to participate in, or opt 

12 out of, tributary enhancement projects 

13 pursuant to this section’’ after ‘‘water 

14 right owners’’; and 

15 (ii) in subparagraph (B), by inserting 

16 ‘‘nonparticipating’’ before ‘‘tributary water 

17 users’’; 

18 (3) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) by striking the paragraph designa21 tion and all that follows through ‘‘(but not 

22 limited to)—’’ and inserting the following: 

23 ‘‘(1) IN GENERAL.—The Secretary, following 

24 consultation with the State of Washington, tributary 

25 water right owners, and the Yakama Nation, and on 


pamtmann on DSKBFK8HB2PROD with BILLS
31 

•HR 1048 IH

1 agreement of appropriate water right owners, is au2 thorized to conduct studies to evaluate measures to 

3 further Yakima Project purposes on tributaries to 

4 the Yakima River. Enhancement programs that use 

5 measures authorized by this subsection may be in6 vestigated and implemented by the Secretary in trib7 utaries to the Yakima River, including Taneum 

8 Creek, other areas, or tributary basins that currently 

9 or could potentially be provided supplemental or 

10 transfer water by entities, such as the Kittitas Rec11 lamation District or the Yakima-Tieton Irrigation 

12 District, subject to the condition that activities may 

13 commence on completion of applicable and required 

14 feasibility studies, environmental reviews, and cost15 benefit analyses that include favorable recommenda16 tions for further project development, as appro17 priate. Measures to evaluate include—’’; 

18 (ii) by indenting subparagraphs (A) 

19 through (F) appropriately; 

20 (iii) in subparagraph (A), by inserting 

21 before the semicolon at the end the fol22 lowing: ‘‘, including irrigation efficiency 

23 improvements (in coordination with pro24 grams of the Department of Agriculture), 

25 consolidation of diversions or administraVerDate Sep 11 2014 00:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1048.IH H1048

pamtmann on DSKBFK8HB2PROD with BILLS
32 

•HR 1048 IH

1 tion, and diversion scheduling or coordina2 tion’’; 

3 (iv) by redesignating subparagraphs 

4 (C) through (F) as subparagraphs (E) 

5 through (H), respectively; 

6 (v) by inserting after subparagraph 

7 (B) the following: 

8 ‘‘(C) improvements in irrigation system 

9 management or delivery facilities within the 

10 Yakima River basin when those improvements 

11 allow for increased irrigation system conveyance 

12 and corresponding reduction in diversion from 

13 tributaries or flow enhancements to tributaries 

14 through direct flow supplementation or ground15 water recharge; 

16 ‘‘(D) improvements of irrigation system 

17 management or delivery facilities to reduce or 

18 eliminate excessively high flows caused by the 

19 use of natural streams for conveyance or irriga20 tion water or return water;’’; 

21 (vi) in subparagraph (E) (as redesig22 nated by clause (iv)), by striking ‘‘ground 

23 water’’ and inserting ‘‘groundwater re24 charge and’’; 


pamtmann on DSKBFK8HB2PROD with BILLS
33 

•HR 1048 IH

1 (vii) in subparagraph (G) (as so re2 designated), by inserting ‘‘or transfer’’ 

3 after ‘‘purchase’’; and 

4 (viii) in subparagraph (H) (as so re5 designated), by inserting ‘‘stream processes 

6 and’’ before ‘‘stream habitats’’; 

7 (B) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘the Taneum Creek 

10 study’’ and inserting ‘‘studies under this 

11 subsection’’; 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘and economic’’ 

14 and inserting ‘‘, infrastructure, eco15 nomic, and land use’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 (iii) in subparagraph (C), by striking 

18 the period at the end and inserting ‘‘; 

19 and’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(D) any related studies already underway 

23 or undertaken.’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
34 

•HR 1048 IH

1 (C) in paragraph (3), in the first sentence, 

2 by inserting ‘‘of each tributary or group of trib3 utaries’’ after ‘‘study’’; 

4 (4) in subsection (c)— 

5 (A) in the subsection heading, by inserting 

6 ‘‘AND NONSURFACE STORAGE’’ after ‘‘NON7 STORAGE’’; and 

8 (B) in the matter preceding paragraph (1), 

9 by inserting ‘‘and nonsurface storage’’ after 

10 ‘‘nonstorage’’; 

11 (5) by striking subsection (d); 

12 (6) by redesignating subsection (e) as sub13 section (d); and 

14 (7) in paragraph (2) of subsection (d) (as so re15 designated)— 

16 (A) in the first sentence— 

17 (i) by inserting ‘‘and implementation’’ 

18 after ‘‘investigation’’; 

19 (ii) by striking ‘‘other’’ before ‘‘Yak20 ima River’’; and 

21 (iii) by inserting ‘‘and other water 

22 supply entities’’ after ‘‘owners’’; and 

23 (B) by striking the second sentence. 

24 (d) CHANDLER PUMPING PLANT AND POWERPLANT25 OPERATIONS AT PROSSER DIVERSION DAM.—Section 


pamtmann on DSKBFK8HB2PROD with BILLS
35 

•HR 1048 IH

1 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

2 Stat. 1425) is amended by inserting ‘‘negatively’’ before 

3 ‘‘affected’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS