I 

109TH CONGRESS 

2D SESSION H. R. 5019 

To authorize the Bureau of Reclamation to participate in the rehabilitation 

of the Wallowa Lake Dam in Oregon, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. WALDEN of Oregon introduced the following bill; which was referred to 

the Committee on Resources 

A BILL 

To authorize the Bureau of Reclamation to participate in 

the rehabilitation of the Wallowa Lake Dam in Oregon, 

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 ‘‘Wallowa Lake Dam 

5 Rehabilitation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSOCIATED DITCH COMPANIES, INCOR9 PORATED.—The term ‘‘Associated Ditch Companies, 

10 Incorporated’’ means the nonprofit corporation esVerDate Aug 31 2005 23:55 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5019.IH H5019

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1 tablished under the laws of the State of Oregon that 

2 operates Wallowa Lake Dam. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior, acting through the 

5 Commissioner of Reclamation. 

6 (3) WALLOWA LAKE DAM REHABILITATION

7 PROGRAM.—The term ‘‘Wallowa Lake Dam Reha8 bilitation Program’’ means the program for the re9 habilitation of the Wallowa Lake Dam in Oregon, as 

10 contained in the engineering document entitled, 

11 ‘‘Phase I Dam Assessment and Preliminary Engi12 neering Design’’, dated December 2002, and on file 

13 with the Bureau of Reclamation. 

14 SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM. 

15 (a) GRANTS AND COOPERATIVE AGREEMENTS.—The 

16 Secretary may provide grants to, or enter into cooperative 

17 or other agreements with, tribal, State, and local govern18 mental entities and the Associated Ditch Companies, In19 corporated, to plan, design, and construct facilities needed 

20 to implement the Wallowa Lake Dam Rehabilitation Pro21 gram. 

22 (b) CONDITIONS.—As a condition of providing funds 

23 under subsection (a), the Secretary shall ensure that— 

24 (1) the Wallowa Lake Dam Rehabilitation Pro25 gram and activities under this Act meet the standVerDate Aug 31 2005 23:55 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5019.IH H5019

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1 ards of the dam safety program of the State of Or2 egon; 

3 (2) the Associated Ditch Companies, Incor4 porated, agrees to assume liability for any work per5 formed, or supervised, with Federal funds provided 

6 to it under this Act; and 

7 (3) the United States shall not be liable for 

8 damages of any kind arising out of any act, omis9 sion, or occurrence relating to a facility rehabilitated 

10 or constructed with Federal funds provided under 

11 this Act, both while and after activities are con12 ducted using Federal funds provided under this Act. 

13 (c) COST SHARING.— 

14 (1) IN GENERAL.—The Federal share of the 

15 costs of activities authorized under this Act shall not 

16 exceed 50 percent. 

17 (2) EXCLUSIONS FROM FEDERAL SHARE.— 

18 There shall not be credited against the Federal 

19 share of such costs— 

20 (A) any expenditure by the Bonneville 

21 Power Administration in the Wallowa River wa22 tershed; and 

23 (B) expenditures made by individual agri24 cultural producers in any Federal commodity or 

25 conservation program. 


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1 (d) COMPLIANCE WITH STATE LAW.—The Secretary, 

2 in carrying out this Act, shall comply with applicable Or3 egon State water law. 

4 (e) PROHIBITION ON HOLDING TITLE.—The Federal 

5 Government shall not hold title to any facility rehabilitated 

6 or constructed under this Act. 

7 (f) PROHIBITION ON OPERATION AND MAINTE8 NANCE.—The Federal Government shall not be respon9 sible for the operation and maintenance of any facility con10 structed or rehabilitated under this Act. 

11 SEC. 4. RELATIONSHIP TO OTHER LAW. 

12 Activities funded under this Act shall not be consid13 ered a supplemental or additional benefit under Federal 

14 reclamation law (the Act of June 17, 1902 (32 Stat. 388, 

15 chapter 1093), and Acts supplemental to and amendatory 

16 of that Act (43 U.S.C. 371 et seq.)). 

17 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to the Sec19 retary to pay the Federal share of the costs of activities 

20 authorized under this Act, $6,000,000. 

Æ 


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