```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1411 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1411

     To authorize certain elements of the Yakima River Basin Water 
              Enhancement Project, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, June 30), 1993

  Mr. Gorton introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
     To authorize certain elements of the Yakima River Basin Water 
              Enhancement Project, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yakima Basin Water Enhancement Act 
of 1993''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect, mitigate, and enhance fish and wildlife 
        through improved water management, improved instream flows, 
        improved water quality, protection, creation and enhancement of 
        wetlands, and by other appropriate means of habitat 
        improvement;
            (2) to improve the reliability of water supply for 
        irrigation;
            (3) to authorize a Yakima basin water conservation program 
        that will improve the efficiency of water delivery and use, and 
        to enhance basin water supplies, improve water quality, 
        protect, create and enhance wetlands, and determine the 
        quantity of basin water needs that can be met by water 
        conservation measures;
            (4) to encourage voluntary transactions among public and 
        private entities that result in the implementation of water 
        conservation measures, practices, and facilities; and
            (5) to provide for the discretionary implementation by the 
        Yakima Indian Nation of--
                    (A) an irrigation demonstration project on the 
                Yakima Indian Reservation using water savings from 
                system improvements to the Wapato Irrigation Project; 
                and
                    (B) a Toppenish Creek corridor enhancement project 
                integrating agricultural, fish, wildlife, and cultural 
                resources.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Basin conservation program.--The term ``Basin 
        Conservation Program'' means the Yakima River Basin Water 
        Conservation Program established under section 4(a).
            (2) Conservation advisory group.--The term ``Conservation 
        Advisory Group'' means the Yakima River Basin Conservation 
        Advisory Group established under section 4(c).
            (3) Irrigation demonstration project.--The term 
        ``Irrigation Demonstration Project'' means the Yakima Indian 
        Reservation Irrigation Demonstration Project authorized in 
        section 5(b).
            (4) On-district storage.--The term ``on-district storage'' 
        means small water storage facilities located within the 
        boundaries of an irrigation entity, including reregulating 
        reservoirs, holding ponds, or other new storage methods that 
        allow for efficient water use.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Toppenish enhancement project.--The term ``Toppenish 
        Enhancement Project'' means the Toppenish Creek Corridor 
        Enhancement Project authorized by section 5(c).
            (7) Yakima project superintendent.--The term ``Yakima 
        Project Superintendent'' means the individual designated by the 
        Regional Director, Pacific Northwest Region, Bureau of 
        Reclamation, to be responsible for the operation and management 
        of the Yakima Federal Reclamation Project, Washington.

SEC. 4. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary, in consultation with the 
        Governor of the State of Washington, representatives of the 
        Yakima Indian Nation, Yakima River Basin irrigators, and other 
        interested parties, shall establish and administer a Yakima 
        River Basin Water Conservation Program.
            (2) Purpose.--The purpose of the Basin Conservation Program 
        shall be to evaluate and carry out measures to improve the 
        availability of water supplies for irrigation and the 
        protection and enhancement of fish and wildlife resources, 
        including wetlands, while improving the quality of water in the 
        Yakima Basin.
            (3) Yakima indian nation.--This section shall not apply to 
        the Yakima Indian Nation except to the extent that the Yakima 
        Indian Nation specifically applies for funds from the Basin 
        Conservation Program.
            (4) Grants.--The Secretary may make grants to eligible 
        entities to carry out this Act under such terms and conditions 
        as the Secretary may require.
    (b) Phases of Program.--The Basin Conservation Program shall 
encourage and provide funding assistance for the following 4 phases of 
water conservation:
            (1) First phase.--The first phase shall consist of the 
        development of water conservation plans, consistent with 
        guidelines developed pursuant to subsection (d), by--
                    (A) irrigation districts;
                    (B) conservation districts;
                    (C) water purveyors;
                    (D) other areawide entities; and
                    (E) individuals not included within an areawide 
                entity.
            (2) Second phase.--The second phase shall consist of the 
        investigation of the feasibility of specific potential water 
        conservation measures identified in conservation plans.
            (3) Third phase.--The third phase shall consist of the 
        implementation of measures that have been identified in 
        conservation plans and have been investigated for feasibility.
            (4) Fourth phase.--The fourth phase shall consist of post-
        implementation monitoring and evaluation of implemented 
        measures.
    (c) Conservation Advisory Group.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Governor of the State of Washington, representatives of the 
        Yakima Indian Nation, Yakima River basin irrigators, and other 
        interested and related parties, shall establish the Yakima 
        River Basin Conservation Advisory Group.
            (2) Members.--Members of the Conservation Advisory Group 
        shall be appointed by the Secretary and shall be comprised of--
                    (A) 2 representatives of the Yakima River basin 
                irrigators;
                    (B) 1 representative of the Yakima Indian Nation;
                    (C) 1 representative of counties and cities in the 
                Yakima River basin; and
                    (D) 1 representative of environmental interests.
            (3) Duties.--The Conservation Advisory Group shall--
                    (A) provide recommendations to the Secretary 
                regarding the structure and implementation of the Basin 
                Conservation Program;
                    (B) assist in the preparation of guidelines for the 
                Basin Conservation Program, as provided for in 
                subsection (d);
                    (C) structure a process to integrate specific water 
                conservation measures into a basin conservation plan;
                    (D) provide for an annual review of the 
                implementation of the guidelines; and
                    (E) provide recommendations consistent with State 
                laws, on rules, regulations, and administration of a 
                process to facilitate the voluntary sale or lease of 
                water.
            (4) Decisionmaking.--The Conservation Advisory Group shall 
        make decisions based on consensus whenever possible. If 
        disagreement occurs, any member may submit independent comments 
        to the Secretary.
            (5) Termination.--The Conservation Advisory Group shall 
        terminate 5 years after the date of the establishment of the 
        Advisory Group, unless extended by the Secretary.
    (d) Guidelines.--
            (1) In general.--The Secretary, in cooperation with the 
        Governor of the State of Washington, representatives of the 
        Yakima Indian Nation, Yakima River basin irrigators, and 
        interested agencies, and in consultation with the Conservation 
        Advisory Group, shall, not later than 1 year after all of the 
        members of the Conservation Advisory Group are appointed, adopt 
        guidelines to be used in the administration of the Basin 
        Conservation Program.
            (2) Report.--
                    (A) In general.--The Secretary shall submit a 
                detailed report on the guidelines to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (iii) the Governor of the State of 
                        Washington.
                    (B) Draft report.--Not later than 60 days prior to 
                the submission of the report under subparagraph (A), 
                the Secretary shall make a draft of the report 
                available to--
                            (i) the Governor of the State of 
                        Washington;
                            (ii) representatives of the Yakima Indian 
                        Nation;
                            (iii) Yakima River basin irrigators;
                            (iv) representatives of related agencies; 
                        and
                            (v) the public.
                    (C) Comment.--
                            (i) Procedures.--The Secretary shall 
                        establish procedures for timely comments on the 
                        draft report.
                            (ii) Inclusion of comments.--The Secretary 
                        shall include a summary of the comments on the 
                        draft report as an appendix to the final 
                        report.
            (3) Contents of guidelines.--The guidelines shall, to the 
        extent possible, be consistent with State law funding 
        processes, regulations, and guidelines and shall include the 
        following:
                    (A) Standards for the scope and content of water 
                conservation plans and for feasibility studies of 
                specific measures.
                    (B) Eligibility requirements for funding of 
                proposals for conservation plan development, 
                investigation of measures, and implementation.
                    (C) Criteria for evaluating and prioritizing 
                proposals for the development of conservation plans and 
                the investigation of potential measures and 
                implementation, including--
                            (i) the availability of information on 
                        water diversions and use in the area for which 
                        the measures are proposed;
                            (ii) information to be gained, and 
                        applicability to other areas and programs in 
                        the Yakima River basin;
                            (iii) cost-effectiveness and availability 
                        of non-Federal funding;
                            (iv) the quantity of reduced diversions and 
                        timing in relation to present diversions;
                            (v) the extent to which each measure will 
                        contribute to the improved use of the available 
                        water and the reliability of the water supply 
                        of the Yakima River basin;
                            (vi) post-implementation monitoring and 
                        evaluation;
                            (vii) a plan to mitigate adverse 
                        environmental effects;
                            (viii) the extent to which proposed 
                        measures incorporate the testing of innovative 
                        water management techniques and technology;
                            (ix) the extent to which proposed measures 
                        contribute to the maintenance of the economic 
                        viability of agriculture in the area;
                            (x) consistency with applicable laws and 
                        Federal, State, tribal, and Yakima River basin 
                        water resource policies, goals, and objectives;
                            (xi) the existence or willingness of 
                        irrigation entities and other Basin 
                        Conservation Program participants to adopt 
                        procedures providing for incremental water 
                        pricing; and
                            (xii) the willingness to permanently 
                        restrict annual water diversions to a mutually 
                        agreed quantity in recognition of securing 
                        funding from and accomplishments of the Basin 
                        Conservation Program.
                    (D) Institutional and economic incentives to 
                increase conservation and to promote more efficient use 
                of water, including the specification of procedures for 
                the voluntary transfer of water within the Yakima River 
                basin.
                    (E) Procedures for administration and allocation of 
                funds from the Basin Conservation Program.
                    (F) Oversight of the Basin Conservation Program and 
                consultation requirements.
    (e) Cost Sharing.--
            (1) In general.--Costs incurred in the 4 phases of the 
        Basin Conservation Program shall be shared as follows:

      

------------------------------------------------------------------------
                                Non-Federal                             
   Program phase   ------------------------------------   Federal share 
                       State share         Local                        
------------------------------------------------------------------------
1. Development of   50% but not more  Residual amount          50%      
 water               than $200,000     if any                           
 conservation        per recipient                                      
 plans                                                                  
2. Investigation    50% but sum of 1  20% after         Residual amount 
 of specific water   and 2 not         deducting State   after deducting
 conservation        greater than      funds for Item    State and local
 measures            $200,000 per      2                 funds for Item 
                     recipient                           2              
3 and 4.                   35%               30%               35%      
 Implementation                                                         
 and post-                                                              
 implementation                                                         
 monitoring and                                                         
 evaluation                                                             
------------------------------------------------------------------------

            (2) Specific water related improvements.--
                    (A) Non-federal expenditures.--Water and water 
                related resource improvements implemented in the Yakima 
                River basin subsequent to and independent of this Act 
                that utilize funding from the Bonneville Power 
                Administration under the Pacific Northwest Electric 
                Power Planning and Conservation Act of 1980 (16 U.S.C. 
                839 et seq.) to enhance fishery resources, and 
                independent water related improvements of the State of 
                Washington and other public and private entities to 
                improve irrigation water use, water supply, and water 
                quality shall be treated as non-Federal cost-share 
                expenditures under this Act for purposes of the 
                implementation and post-implementation monitoring and 
                evaluation phases of the Basin Conservation Program.
                    (B) Limitation on amount of non-federal share.--
                Expenditures described in subparagraph (A) shall be 
                limited to 50 percent of the non-Federal share of the 
                total costs incurred in the implementation and post-
                implementation monitoring and evaluation phases of the 
                Basin Conservation Program, and shall reduce the total 
                amount of the non-Federal cost share required for the 
                phases.
            (3) Basin conservation program.--Costs of the Basin 
        Conservation Program related to projects on the Yakima Indian 
        Reservation shall be a Federal responsibility, shall be 
        nonreimbursable, and shall not be subject to the cost-sharing 
        requirements of this subsection.
    (f) Public Review.--A water conservation plan recommended for 
funding through the Basin Conservation Program shall be made available 
to the public for a period of not less than 30 days for review and 
comment prior to submission to the Secretary. A summary of the comments 
shall be included with the recommendation of the Conservation Advisory 
Group upon transmittal to the Secretary.
    (g) Conservation Measures.--
            (1) In general.--Measures considered for implementation in 
        the Basin Conservation Program may include--
                    (A) conveyance and distribution system monitoring;
                    (B) automation of water conveyance systems;
                    (C) lining and piping of water conveyance and 
                distribution systems;
                    (D) on-district storage;
                    (E) electrification of hydraulic turbines;
                    (F) tailwater recycling;
                    (G) consolidation of irrigation systems;
                    (H) irrigation scheduling; and
                    (I) improvement of on-farm water application 
                systems.
            (2) Funding.--Basin Conservation Program funds may be used 
        throughout all 4 phases of the Conservation Program to mitigate 
        adverse effects of program measures.
            (3) Other measures.--
                    (A) Testing.--In addition to implementing 
                technologies existing on the date of enactment of this 
                Act, the Secretary shall encourage the testing of 
                innovative water conservation measures.
                    (B) Innovative allocation tools.--The Secretary 
                shall, to the maximum extent possible under Federal and 
                State law, cooperate with the State of Washington to 
                facilitate--
                            (i) water and water right transfers;
                            (ii) water banking;
                            (iii) dry year options;
                            (iv) the sale and leasing of water; and
                            (v) other innovative allocation tools used 
                        to maximize the utility of Yakima River basin 
                        water supplies.
            (4) Acquisition of water rights.--The Secretary may use 
        funds made available to carry out this section for the purchase 
        or lease of land, water, or water rights from any entity or 
        individual willing to limit or forego water use on a temporary 
        or permanent basis.
            (5) On-farm water management.--On-farm water management 
        improvements shall be coordinated with programs administered by 
        the Secretary of Agriculture and State conservation districts.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary the following amounts for the Basin 
Conservation Program:
            (1) $1,000,000 for the development of water conservation 
        plans.
            (2) $4,000,000 for investigation of specific potential 
        water conservation measures identified in conservation plans 
        for consideration for implementing through the Basin 
        Conservation Program.
            (3) $67,500,000 for implementation, post-implementation 
        monitoring and evaluation of measures, and addressing 
        environmental impacts.
            (4) $6,000,000 for the initial acquisition of water from 
        willing sellers or lessors specifically to provide instream 
        flows for interim periods to facilitate the outward migration 
        of anadromous fish. The funds shall not be subject to the cost-
        sharing requirements of subsection (e).
            (5) $100,000 for each fiscal year for the establishment and 
        support of the Conservation Advisory Group during duration of 
        the Group. Funds made available under this paragraph shall be 
        made available for travel and per diem expenses, rental of 
        meeting rooms, typing, printing and mailing, and associated 
        administrative needs. The Secretary and the Governor of the 
        State of Washington shall provide appropriate staff support to 
        the Conservation Advisory Group.

SEC. 5. YAKIMA INDIAN NATION.

    (a) Wapato Irrigation Project Improvements.--
            (1) Coordination.--The system improvements of the Yakima 
        Indian Nation to the Wapato Irrigation Project proposed 
        pursuant to this Act shall be coordinated with the Bureau of 
        Indian Affairs.
            (2) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Secretary $10,000,000 for the 
                preparation of plans, investigation of measures, and, 
                following the certification by the Secretary that the 
                measures are consistent with the water conservation 
                objectives of this Act, the implementation of system 
                improvements to the Wapato Irrigation Project.
                    (B) Further improvements.--Funding for further 
                improvements within the Wapato Irrigation Project may 
                be acquired under the Basin Conservation Program or 
                other sources identified by the Yakima Indian Nation.
            (3) Use of savings.--Water savings resulting from 
        irrigation system improvements shall be available for the use 
        of the Yakima Indian Nation for irrigation and other purposes 
        on the reservation and for protection and enhancement of fish 
        and wildlife within the Yakima River basin. The conveyance of 
        the water through irrigation facilities, other than the Wapato 
        Irrigation Project, shall be on a voluntary basis.
    (b) Irrigation Demonstration Project.--
            (1) In general.--Subject to paragraph (3), there are 
        authorized to be appropriated to the Secretary $8,500,000 for 
        the design and construction of the Yakima Indian Reservation 
        Irrigation Demonstration Project.
            (2) Operation and maintenance.--In addition to amounts made 
        available under paragraph (1), and subject to paragraph (3), 
        there are authorized to be appropriated to the Secretary such 
        sums as are necessary for the operation and maintenance of the 
        Irrigation Demonstration Project, including funds for 
        administration, training, equipment, materials, and supplies 
        for a period specified by the Secretary.
            (3) Concurrence of secretary.--Funds may not be made 
        available under this subsection until the Yakima Indian Nation 
        obtains the concurrence of the Secretary in the construction, 
        management, and administration of the Irrigation Demonstration 
        Project.
            (4) Construction of facilities.--The Irrigation 
        Demonstration Project shall provide for the construction of 
        distribution and on-farm irrigation facilities to use water 
        savings resulting from the Wapato Irrigation Project system 
        improvements for--
                    (A) demonstrating cost-effective, state-of-the-art 
                irrigation water management and conservation;
                    (B) training tribal members in irrigation methods, 
                operation, and management; and
                    (C) upgrading existing hydroelectric facilities and 
                constructing additional hydroelectric facilities on the 
                reservation to meet irrigation pumping power needs.
    (c) Toppenish Creek Corridor Enhancement Project Appropriations.--
There are authorized to be appropriated to the Secretary--
            (1) $1,500,000 for the investigation by the Yakima Indian 
        Nation of measures to develop a Toppenish Creek Corridor 
        Enhancement Project to demonstrate integration of management of 
        agricultural, fish, wildlife, and cultural resources to meet 
        tribal objectives; and
            (2) such sums as the Secretary determines are necessary for 
        the implementation and maintenance of a Toppenish Creek 
        Corridor Enhancement Project.
    (d) Report.--Not later than 5 years after the implementation of the 
Irrigation Demonstration Project and the Toppenish Enhancement Project, 
the Secretary, in consultation with the Yakima Indian Nation, shall 
report to the Committee on Energy and Natural Resources of the Senate, 
the Committee on Natural Resources of the House of Representatives, and 
the Governor of the State of Washington on the effectiveness of the 
conservation, training, mitigation, and other measures implemented.
    (e) Status of Improvements and Facilities.--The Wapato Irrigation 
Project system improvements and any specific irrigation facility of the 
Irrigation Demonstration Project and the Toppenish Enhancement Project 
shall be considered part of the Wapato Irrigation Project.
    (f) Treatment of Certain Costs.--Costs related to Wapato Irrigation 
Project improvements, the Irrigation Demonstration Project, and the 
Toppenish Enhancement Project shall be a Federal responsibility and 
shall be nonreimbursable.

SEC. 6. OPERATION OF YAKIMA BASIN PROJECTS.

    (a) Water Savings From Basin Conservation Program.--
            (1) Intention of congress.--It is the intention of Congress 
        that the Basin Conservation Program shall result in reductions 
        in water diversions allowing for changes in the operation of 
        the Yakima Project, as in existence on the date of enactment of 
        this Act, to improve streamflow conditions in the Yakima River 
        basin.
            (2) Estimation of water supply; flows.--
                    (A) In general.--The Secretary shall, acting 
                through the Yakima Project Superintendent--
                            (i) continue to estimate the water supply 
                        that is anticipated to be available to meet 
                        water entitlements; and
                            (ii) provide instream flows in accordance 
                        with the following criteria:
      

------------------------------------------------------------------------
        Water supply estimate for period (million     Target flow from  
                       acre feet):                    date of estimate  
     ----------------------------------------------     thru October    
                                                    downstream of (cubic
                                                      feet per second): 
         April        May        June       July   ---------------------
        through     through    through    through   Sunnyside   Prosser 
       September   September  September  September  Diversion  Diversion
                                                       Dam        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.  
------------------------------------------------------------------------

                    (B) Target flows.--The instream flows referred to 
                in subparagraph (A)(ii) shall, with represent target 
                flows at the respective points, with reasonable 
                fluctuations from the targets flows anticipated in the 
                operation of the Yakima Project.
                    (C) Definition of full supply.--As used in this 
                section, the term ``full supply'' means the figures in 
                the water supply columns referred to in subparagraph 
                (A)(ii).
            (3) Increase in instream flows.--The instream flows shall 
        be increased for interim periods during April through October 
        to facilitate, when necessary, the outward migration of 
        anadromous fish. Increased instream flows for the interim 
        periods shall be obtained through voluntary sale and leasing of 
        water or water rights.
            (4) Review of fall supply.--
                    (A) In general.--The Secretary, in cooperation with 
                the Governor of the State of Washington, 
                representatives of the Yakima Indian Nation, and Yakima 
                River basin irrigators shall, not less often than once 
                every 5 years after the completion of the first measure 
                of the Basin Conservation Program, review the 
                components that comprise the full supply.
                    (B) Adjustments.--If the actual supply reflects an 
                increase in relation to the quantity required to meet 
                irrigation water entitlements and a reduction in water 
                diversions that are attributed to the Basin 
                Conservation Program, the full supply may be adjusted 
                downward and the Yakima Project shall be operated by 
                the Yakima Project Superintendent in accordance with 
                the adjusted criteria.
                    (C) Use of water savings.--Water savings resulting 
                from improvements to the Wapato Irrigation Project 
                shall be available for use by the Yakima Indian Nation 
                for irrigation and other purposes on the reservation 
                and for the protection and enhancement of fish and 
                wildlife within the Yakima River basin.
            (5) Effect of judicial actions.--Operational procedures and 
        processes in the Yakima River basin that have been or may be 
        implemented through judicial actions shall not be affected by 
        this Act.
    (b) Water From Lake Cle Elum.--Water accruing from the development 
of additional storage capacity at Lake Cle Elum, made available as a 
result of the modifications authorized in section 6(a), shall be 
considered a part of the water supply of the basin as provided in 
subsection (a). Releases may be made from other Yakima Project storage 
facilities to most effectively utilize water surpluses, except that 
water deliveries to holders of existing water rights shall not be 
impaired.
    (c) Status of Basin Conservation Program Facilities.--
            (1) Integration and coordination.--Measures of the Basin 
        Conservation Program that are implemented in connection with 
        facilities under the administrative jurisdiction of the 
        Secretary, except as provided in section 5, shall be considered 
        part of the Yakima River Basin Water Enhancement Project, and 
        the operation and maintenance of the Basin Conservation Program 
        shall be integrated and coordinated with other features of the 
        Yakima Project.
            (2) Operation and maintenance.--The responsibility for 
        operation and maintenance and the related costs of the 
        facilities described in paragraph (1) shall remain with the 
        operating entity. As appropriate, the Secretary shall 
        incorporate the operation and maintenance of the facilities 
        into agreements.
            (3) Operation.--The Secretary shall ensure that the 
        facilities are operated in a manner consistent with Federal and 
        State laws and in accordance with water rights recognized under 
        Federal and State law.
    (d) Water Acquired by Purchase and Lease.--Water acquired from 
voluntary sellers and lessors shall be administered in accordance with 
the laws of the State of Washington, including chapter 90.38 of the 
Revised Code of Washington.
    (e) Appropriation for Chandler Power Canal Operations.--There are 
authorized to be appropriated to the Secretary $480,000 for facilities 
to automate the headgate, wasteways, and trashrack of the Chandler 
Power Canal to maintain operating controls for the delivery of water to 
the Kennewick Division as the requirements of subsection (a) are 
implemented.

SEC. 7. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.

    (a) Modifications and Improvements.--There are authorized to be 
appropriated to the Secretary--
            (1) $2,934,000 to--
                    (A) modify the radial gates at Cle Elum Dam to 
                provide an additional 14,600 acre-feet of storage 
                capacity in Lake Cle Elum;
                    (B) provide for shoreline protection of Lake Cle 
                Elum; and
                    (C) construct juvenile fish passage facilities at 
                Cle Elum Dam; and
            (2) such sums as are necessary for environmental 
        mitigation.
    (b) Operation and Maintenance Appropriations.--There are authorized 
to be appropriated to the Secretary such sums as are necessary for the 
share of the operation and maintenance of Cle Elum Dam determined by 
the Secretary to be a Federal responsibility.

SEC. 8. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA BASIN TRIBUTARIES.

    (a) General Provisions.--The following shall apply to the 
investigation and implementation of measures to enhance water supplies 
for fish and wildlife and irrigation purposes on tributaries of the 
Yakima River basin:
            (1) Agreement of water right owners.--An enhancement 
        program undertaken in any tributary shall be contingent upon 
        the agreement of appropriate water rights owners to 
        participate.
            (2) Water rights.--The enhancement program shall not 
        impair--
                    (A) the water rights of any water rights owners in 
                the tributary;
                    (B) the capability of tributary water users to 
                divert, convey, and apply water; and
                    (C) existing water and land uses within the 
                tributary area.
            (3) Laws of washington applicable.--The water supply for 
        tributary enhancement shall be administered in accordance with 
        the laws of the State of Washington.
            (4) Availability of water supply.--Any enhancement program 
        shall be predicated upon the availability of a dependable water 
        supply.
    (b) Study.--
            (1) Measures studied.--The Secretary, after consultation 
        with Governor of the State of Washington, the tributary water 
        rights owners, and representatives of the Yakima Indian Nation, 
        and the agreement of appropriate water rights owners to 
        participate, shall conduct a study concerning the measures that 
        can be implemented to enhance water supplies for fish and 
        wildlife and irrigation purposes on Taneum Creek, including--
                    (A) water use efficiency improvements;
                    (B) the conveyance of water from the Yakima Project 
                through the facilities of any irrigation entity willing 
                to contract with the Secretary without adverse impact 
                to water users;
                    (C) the construction, operation, and maintenance of 
                ground water withdrawal facilities;
                    (D) contracting with any entity that is willing to 
                voluntarily limit or forego present water use through 
                lease or sale of water or water rights on a temporary 
                or permanent basis;
                    (E) the purchase of water rights from willing 
                sellers; and
                    (F) other measures compatible with the purposes of 
                this Act, including restoration of stream habitats.
            (2) Consideration.--In conducting the Taneum Creek study, 
        the Secretary shall consider--
                    (A) the hydrologic and environmental 
                characteristics;
                    (B) the engineering and economic factors relating 
                to each measure; and
                    (C) the potential effects on the operations of 
                present water users in the tributary and measures to 
                alleviate the effects.
            (3) Public comment.--
                    (A) In general.--The Secretary shall make available 
                to the public for a 45-day comment period a draft 
                report describing in detail the findings, conclusions, 
                and recommendations of the study.
                    (B) Inclusion in final report.--The Secretary shall 
                consider and include any comment made in developing a 
                final report.
                    (C) Submission of final report.--The final report 
                shall be submitted to the Committee on Energy and 
                Natural Resources of the Senate, the Committee on 
                Natural Resources of the House of Representatives, and 
                the Governor of the State of Washington, and shall be 
                made available to the public.
    (c) Implementation of Nonstorage Measures.--After securing the 
necessary permits, the Secretary may, in cooperation with the head of 
the Department of Ecology of the State of Washington and in accordance 
with the laws of the State of Washington, implement nonstorage measures 
identified in the final report under subsection (b) upon fulfillment of 
the following conditions:
            (1) The Secretary enters into an agreement with the 
        appropriate water rights owners who are willing to participate, 
        the Governor of the State of Washington, and representatives of 
        the Yakima Indian Nation, for the use and management of the 
        water supply to be provided by proposed tributary measures 
        pursuant to this section.
            (2) The Secretary and the State of Washington finds that 
        the implementation of the proposed tributary measures will not 
        impair the water rights of any person or entity in the affected 
        tributary.
    (d) Other Yakima River Basin Tributaries.--An enhancement program 
similar to the program described in this section may be investigated 
and implemented by the Secretary in other tributaries contingent upon 
the agreement of the appropriate tributary water right owners to 
participate. The requirements of this section shall be applicable to 
such other programs.
    (e) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to the Secretary--
                    (A) $500,000 for the study of the Taneum Creek 
                Project;
                    (B) such additional amounts as the Secretary 
                subsequently determines are necessary for the 
                implementation of tributary measures pursuant to this 
                section; and
                    (C) such sums as the Secretary determines are 
                necessary for the investigation of similar enhancement 
                programs in other Yakima River basin tributaries 
                contingent upon the agreement of the appropriate water 
                right owners to participate.
            (2) Investigation report.--Funds for the implementation of 
        any enhancement program, other than the program described in 
        this section, shall be appropriated to the Secretary following 
        the submittal of an investigation report to the appropriate 
        congressional committees.

SEC. 9. ENVIRONMENTAL COMPLIANCE.

    (a) Compliance With the National Environmental Policy Act of 
1969.--Implementation of this Act is contingent upon compliance by the 
Secretary with the provisions of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $2,000,000 for--
            (1) environmental compliance activities, including the 
        conduct, in cooperation with the Governor of the State of 
        Washington, of an inventory of wildlife and wetland resources 
        in the Yakima River basin; and
            (2) an investigation of measures including wetland banking, 
        that may be implemented to address potential effects of actions 
        taken under this Act.

SEC. 10. SAVINGS PROVISIONS.

    Nothing in this Act shall be construed to--
            (1) affect or modify any treaty or other right of the 
        Yakima Indian Nation;
            (2) authorize the appropriation or use of water by any 
        Federal, State, or local agency, the Yakima Indian Nation, or 
        any other entity or individual;
            (3) impair the rights or jurisdictions of the Federal 
        Government, the States, the Yakima Indian Nation, or other 
        entities over waters of any river or stream or over any ground 
        water resource;
            (4) alter, amend, repeal, interpret, modify, or be in 
        conflict with any interstate compact entered into by the 
        States;
            (5) alter, establish, or impair the respective rights of 
        States, the United States, the Yakima Indian Nation, or any 
        other entity or individual with respect to any water or water-
        related right;
            (6) alter, diminish, or abridge the rights and obligations 
        of any Federal, State, or local agency, the Yakima Indian 
        Nation, or other entity, public or private;
            (7) affect or modify the rights of the Yakima Indian Nation 
        or successors in interest to, and management and regulation of, 
        water resources arising or used within the external boundaries 
        of the Yakima Indian Reservation;
            (8) affect or modify the settlement agreement between the 
        United States and the State of Washington filed in Yakima 
        County Superior Court with regard to Federal reserved water 
        rights other than rights reserved by the United States for the 
        benefit of the Yakima Indian Nation and the members of the 
        Nation; or
            (9) affect or modify the rights of any Federal, State, or 
        local agency, the Yakima Indian Nation, or any other entity, 
        with respect to any unresolved and unsettled claim in any water 
        right adjudication, or court decision, including State against 
        Acquavella, or constitute evidence in any proceeding in which 
        any water or water-related right is adjudicated.

                                 <all>

S 1411--O----2
S 1411--O----3
S 1411--O----4
```