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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                     December 11, 2014.
    Resolved, That the bill from the House of Representatives (H.R. 
2640) entitled ``An Act to amend the Wild and Scenic Rivers Act to 
adjust the Crooked River boundary, to provide water certainty for the 
City of Prineville, Oregon, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crooked River Collaborative Water 
Security and Jobs Act of 2014''.

SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by striking paragraph (72) and inserting the following:
            ``(72) Crooked, oregon.--
                    ``(A) In general.--The 14.75-mile segment from the 
                National Grassland boundary to Dry Creek, to be 
                administered by the Secretary of the Interior in the 
                following classes:
                            ``(i) The 7-mile segment from the National 
                        Grassland boundary to River Mile 8 south of 
                        Opal Spring, as a recreational river.
                            ``(ii) The 7.75-mile segment from a point 
                        \1/4\-mile downstream from the center crest of 
                        Bowman Dam, as a recreational river.
                    ``(B) Hydropower.--In any license or lease of power 
                privilege application relating to non-Federal 
                hydropower development (including turbines and 
                appurtenant facilities) at Bowman Dam, the applicant, 
                in consultation with the Director of the Bureau of Land 
                Management, shall--
                            ``(i) analyze any impacts to the scenic, 
                        recreational, and fishery resource values of 
                        the Crooked River from the center crest of 
                        Bowman Dam to a point \1/4\-mile downstream 
                        that may be caused by the proposed hydropower 
                        development, including the future need to 
                        undertake routine and emergency repairs;
                            ``(ii) propose measures to minimize and 
                        mitigate any impacts analyzed under clause (i); 
                        and
                            ``(iii) propose designs and measures to 
                        ensure that any access facilities associated 
                        with hydropower development at Bowman Dam shall 
                        not impede the free-flowing nature of the 
                        Crooked River below Bowman Dam.''.

SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.

    Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 
554; 78 Stat. 954) is amended--
            (1) by striking ``sec. 4. In order'' and inserting the 
        following:

``SEC. 4. CITY OF PRINEVILLE WATER SUPPLY.

    ``(a) In General.--In order'';
            (2) in subsection (a) (as so designated), by striking 
        ``during those months'' and all that follows through ``purpose 
        of the project''; and
            (3) by adding at the end the following:
    ``(b) Annual Release.--
            ``(1) In general.--Without further action by the Secretary 
        of the Interior, beginning on the date of enactment of the 
        Crooked River Collaborative Water Security and Jobs Act of 
        2014, 5,100 acre-feet of water shall be annually released from 
        the project to serve as mitigation for City of Prineville 
        groundwater pumping, pursuant to and in a manner consistent 
        with Oregon State law, including any shaping of the release of 
        the water.
            ``(2) Payments.--The City of Prineville shall make payments 
        to the Secretary of the Interior for the water released under 
        paragraph (1), in accordance with applicable Bureau of 
        Reclamation policies, directives, and standards.
    ``(c) Additional Quantities.--Consistent with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
applicable Federal laws, the Secretary of the Interior may contract 
exclusively with the City of Prineville for additional quantities of 
water, at the request of the City of Prineville.''.

SEC. 4. ADDITIONAL PROVISIONS.

    The Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 
954), is amended by adding at the end the following:

``SEC. 6. FIRST FILL STORAGE AND RELEASE.

    ``(a) In General.--Other than the 10 cubic feet per second release 
provided for in section 4, and subject to compliance with the flood 
curve requirements of the Corps of Engineers, the Secretary shall, on a 
`first fill' priority basis, store in and when called for in any year 
release from Prineville Reservoir, whether from carryover, infill, or a 
combination of both, the following:
            ``(1) Not more than 68,273 acre-feet of water annually to 
        fulfill all 16 Bureau of Reclamation contracts existing as of 
        January 1, 2011.
            ``(2) Not more than 2,740 acre-feet of water annually to 
        supply the McKay Creek land, in accordance with section 5 of 
        the Crooked River Collaborative Water Security and Jobs Act of 
        2014.
            ``(3) Not more than 10,000 acre-feet of water annually, to 
        be made available first to the North Unit Irrigation District, 
        and subsequently to any other holders of Reclamation contracts 
        existing as of January 1, 2011 (in that order) pursuant to 
        Temporary Water Service Contracts, on the request of the North 
        Unit Irrigation District or the contract holders, consistent 
        with the same terms and conditions as prior such contracts 
        between the Bureau of Reclamation and District or contract 
        holders, as applicable.
            ``(4) Not more than 5,100 acre-feet of water annually to 
        mitigate the City of Prineville groundwater pumping under 
        section 4, with the release of this water to occur not based on 
        an annual call, but instead pursuant to section 4 and the 
        release schedule developed pursuant to section 7(b).
    ``(b) Carryover.--Except for water that may be called for and 
released after the end of the irrigation season (either as City of 
Prineville groundwater pumping mitigation or as a voluntary release, in 
accordance with section 4 of this Act and section 6(c) of the Crooked 
River Collaborative Water Security and Jobs Act of 2014, respectively), 
any water stored under this section that is not called for and released 
by the end of the irrigation season in a given year shall be--
            ``(1) carried over to the subsequent water year, which, for 
        accounting purposes, shall be considered to be the 1-year 
        period beginning October 1 and ending September 30, consistent 
        with Oregon State law; and
            ``(2) accounted for as part of the `first fill' storage 
        quantities of the subsequent water year, but not to exceed the 
        maximum `first fill' storage quantities described in subsection 
        (a).

``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES.

    ``(a) Authorization.--
            ``(1) In general.--The Secretary shall store in and release 
        from Prineville Reservoir sufficient quantities of remaining 
        stored quantities to be released pursuant to the annual release 
        schedule under subsection (b) and to provide instream flows 
        consistent, to the maximum extent practicable, with the 
        recommendations for in-channel strategies in the plan prepared 
        by the Northwest Power and Conservation Council entitled 
        `Deschutes Subbasin Plan' and dated March 24, 2005, for flow 
        between Bowman Dam and Lake Billy Chinook.
            ``(2) Requirements.--In calculating the quantity of 
        released water under paragraph (1), the Secretary shall--
                    ``(A) comply with the flood curve requirements of 
                the Corps of Engineers; and
                    ``(B) credit toward the requirements of paragraph 
                (1) the instream flow benefits provided by--
                            ``(i) the quantities released under section 
                        4;
                            ``(ii) the `first fill' quantities released 
                        under section 6; and
                            ``(iii) any quantities released to comply 
                        with the flood curve requirements of the Corps 
                        of Engineers.
            ``(3) Use of uncontracted water.--If a consultation 
        conducted under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or an order of a court in a proceeding under that 
        Act requires releases of stored water from Prineville Reservoir 
        for fish and wildlife downstream of Bowman Dam, the Secretary 
        shall use uncontracted water under paragraph (1).
            ``(4) State water law.--All releases and downstream uses 
        authorized under paragraph (1) shall be in accordance with 
        Oregon State water law.
    ``(b) Annual Release Schedule.--The Commissioner of Reclamation, in 
consultation with the Assistant Administrator of Fisheries of the 
National Marine Fisheries Service and the Director of the United States 
Fish and Wildlife Service, shall develop annual release schedules for 
the remaining stored water quantities (including the quantities 
described in subsection (a) and the water serving as mitigation for 
City of Prineville groundwater pumping pursuant to section 4) that 
maximizes, to the maximum extent practicable, benefits to downstream 
fish and wildlife.
    ``(c) Carryover.--Any water stored under subsection (a) in 1 water 
year that is not released during the water year--
            ``(1) shall be carried over to the subsequent water year; 
        and
            ``(2)(A) may be released for downstream fish and wildlife 
        resources, consistent with subsection (b), until the reservoir 
        reaches maximum capacity in the subsequent water year; and
            ``(B) once the reservoir reaches maximum capacity under 
        subparagraph (A), shall be credited to the `first fill' storage 
        quantities, but not to exceed the maximum `first fill' storage 
        quantities described in section 6(a).
    ``(d) Effect.--Nothing in this section affects the authority of the 
Commissioner of Reclamation to perform all other traditional and 
routine activities associated with the Crooked River Project.

``SEC. 8. RESERVOIR LEVELS.

    ``The Commissioner of Reclamation shall--
            ``(1) project reservoir water levels over the course of the 
        year; and
            ``(2) make the projections under paragraph (1) available 
        to--
                    ``(A) the public (including fisheries groups, 
                recreation interests, and municipal and irrigation 
                stakeholders);
                    ``(B) the Assistant Administrator of Fisheries of 
                the National Marine Fisheries Service; and
                    ``(C) the Director of the United States Fish and 
                Wildlife Service.

``SEC. 9. EFFECT.

    ``Except as otherwise provided in this Act, nothing in this Act--
            ``(1) modifies contractual rights that may exist between 
        contractors and the United States under Reclamation contracts;
            ``(2) amends or reopens contracts referred to in paragraph 
        (1); or
            ``(3) modifies any rights, obligations, or requirements 
        that may be provided or governed by Federal or Oregon State 
        law.''.

SEC. 5. OCHOCO IRRIGATION DISTRICT.

    (a) Early Repayment.--
            (1) In general.--Notwithstanding section 213 of the 
        Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner 
        within Ochoco Irrigation District, Oregon (referred to in this 
        section as the ``district''), may repay, at any time, the 
        construction costs of the project facilities allocated to the 
        land of the landowner within the district.
            (2) Exemption from limitations.--Upon discharge, in full, 
        of the obligation for repayment of the construction costs 
        allocated to all land of the landowner in the district, the 
        land shall not be subject to the ownership and full-cost 
        pricing limitations of Federal reclamation law (the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.)).
    (b) Certification.--Upon the request of a landowner who has repaid, 
in full, the construction costs of the project facilities allocated to 
the land of the landowner within the district, the Secretary of the 
Interior shall provide the certification described in section 213(b)(1) 
of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)).
    (c) Contract Amendment.--On approval of the district directors and 
notwithstanding project authorizing authority to the contrary, the 
Reclamation contracts of the district are modified, without further 
action by the Secretary of the Interior--
            (1) to authorize the use of water for instream purposes, 
        including fish or wildlife purposes, in order for the district 
        to engage in, or take advantage of, conserved water projects 
        and temporary instream leasing as authorized by Oregon State 
        law;
            (2) to include within the district boundary approximately 
        2,742 acres in the vicinity of McKay Creek, resulting in a 
        total of approximately 44,937 acres within the district 
        boundary;
            (3) to classify as irrigable approximately 685 acres within 
        the approximately 2,742 acres of included land in the vicinity 
        of McKay Creek, with those approximately 685 acres authorized 
        to receive irrigation water pursuant to water rights issued by 
        the State of Oregon if the acres have in the past received 
        water pursuant to State water rights; and
            (4) to provide the district with stored water from 
        Prineville Reservoir for purposes of supplying up to the 
        approximately 685 acres of land added within the district 
        boundary and classified as irrigable under paragraphs (2) and 
        (3), with the stored water to be supplied on an acre-per-acre 
        basis contingent on the transfer of existing appurtenant McKay 
        Creek water rights to instream use and the issuance of water 
        rights by the State of Oregon for the use of stored water.
    (d) Limitation.--Except as otherwise provided in subsections (a) 
and (c), nothing in this section--
            (1) modifies contractual rights that may exist between the 
        district and the United States under the Reclamation contracts 
        of the district;
            (2) amends or reopens the contracts referred to in 
        paragraph (1); or
            (3) modifies any rights, obligations, or relationships that 
        may exist between the district and any owner of land within the 
        district, as may be provided or governed by Federal or Oregon 
        State law.

SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES.

    (a) Participation in Dry-year Management Planning Meetings.--The 
Bureau of Reclamation shall participate in dry-year management planning 
meetings with the State of Oregon, the Confederated Tribes of the Warm 
Springs Reservation of Oregon, municipal, agricultural, conservation, 
recreation, and other interested stakeholders to plan for dry-year 
conditions.
    (b) Dry-year Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Bureau of Reclamation shall develop 
        a dry-year management plan in coordination with the 
        participants referred to in subsection (a).
            (2) Requirements.--The plan developed under paragraph (1) 
        shall only recommend strategies, measures, and actions that the 
        irrigation districts and other Bureau of Reclamation contract 
        holders voluntarily agree to implement.
            (3) Limitations.--Nothing in the plan developed under 
        paragraph (1) shall be mandatory or self-implementing.
    (c) Voluntary Release.--In any year, if North Unit Irrigation 
District or other eligible Bureau of Reclamation contract holders have 
not initiated contracting with the Bureau of Reclamation for any 
quantity of the 10,000 acre feet of water described in subsection 
(a)(3) of section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as 
added by section 4), by June 1 of any calendar year, with the voluntary 
agreement of North Unit Irrigation District and other Bureau of 
Reclamation contract holders referred to in that paragraph, the 
Secretary may release that quantity of water for the benefit of 
downstream fish and wildlife as described in section 7 of that Act.

SEC. 7. HYDROPOWER DECISION.

    Not later than 3 years after the date of enactment of this Act, the 
Commissioner of Reclamation shall determine the applicability of the 
jurisdiction of the Commissioner of Reclamation to non-Federal 
hydropower development pursuant to--
            (1) the Memorandum of Understanding between the Federal 
        Energy Regulatory Commission and the Bureau of Reclamation, 
        Department of the Interior, entitled ``Establishment of 
        Processes for the Early Resolution of Issues Related to the 
        Timely Development of Non-Federal Hydroelectric power at the 
        Bureau of Reclamation Facilities'' and signed November 6, 1992 
        (58 Fed. Reg. 3269); or
            (2) any memorandum of understanding that is subsequent or 
        related to the memorandum of understanding described in 
        paragraph (1).

SEC. 8. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS.

    Nothing in this Act (or an amendment made by this Act)--
            (1) provides to the Secretary the authority to store and 
        release the ``first fill'' quantities provided for in section 6 
        of the Act of August 6, 1956 (70 Stat. 1058) (as added by 
        section 4) for any purposes other than the purposes provided 
        for in that section, except for--
                    (A) the potential instream use resulting from 
                conserved water projects and temporary instream leasing 
                as provided for in section 5(c)(1);
                    (B) the potential release of additional amounts 
                that may result from voluntary actions agreed to 
                through the dry-year management plan developed under 
                section 6(b); and
                    (C) the potential release of the 10,000 acre feet 
                for downstream fish and wildlife as provided for in 
                section 6(c); or
            (2) alters any responsibilities under Oregon State law or 
        Federal law, including section 7 of the Endangered Species Act 
        (16 U.S.C. 1536).

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                               H.R. 2640

_______________________________________________________________________

                               AMENDMENT
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