I 
108TH CONGRESS 
2D SESSION 
H. R. 3747
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 
JANUARY 28, 2004
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wallowa Lake Dam 
Rehabilitation and Water Management Act of 2004’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ASSOCIATED
DITCH
COMPANIES, INCOR-
PORATED.—The term ‘‘Associated Ditch Companies, 
Incorporated’’ means the non-profit corporation by
that name (as established under the laws of the 
State of Oregon) that operates Wallowa Lake Dam. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the 
Commissioner of Reclamation. 
(3) WALLOWA
LAKE
DAM
REHABILITATION 
PROGRAM.—The term ‘‘Wallowa Lake Dam Reha-
bilitation Program’’ means the program for the re-
habilitation of the Wallowa Lake Dam in Oregon, as 
contained in the engineering document entitled, 
‘‘Phase I Dam Assessment and Preliminary Engi-
neering Design’’, dated October 2001, and on file 
with the Bureau of Reclamation. 
(4) WALLOWA
VALLEY
WATER
MANAGEMENT 
PLAN.—The term ‘‘Wallowa Valley Water Manage-
ment Plan’’ means the program developed for the 
Wallowa River watershed, as contained in the docu-
ment entitled ‘‘Wallowa Lake Dam Rehabilitation 
and Water Management Plan Vision Statement’’, 
dated February 2001, and on file with the Bureau 
of Reclamation. 
SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM. 
(a) AUTHORIZATION.—The Secretary—
(1) may provide funding to the Associated 
Ditch Companies, Incorporated, in order for the As-
sociated Ditch Companies, Incorporated, to plan, de-
sign and construct facilities needed to implement the 
Wallowa Lake Dam Rehabilitation Program; and 
(2) in cooperation with tribal, State and local 
governmental entities, may participate in planning, 
design and construction of facilities needed to imple-
ment the Wallowa Valley Water Management Plan. 
(b) COST SHARING.—
(1) IN GENERAL.—The Federal share of the 
costs of activities authorized under this Act shall not 
exceed 80 percent. 
(2) EXCLUSIONS
FROM
FEDERAL
SHARE.—
There shall not be credited against the Federal 
share of such costs—
(A) any expenditure by the Bonneville 
Power Administration in the Wallowa River wa-
tershed; and 
(B) expenditures made by individual farm-
ers in any Federal farm or conservation pro-
gram. 
(c) COMPLIANCE WITH STATE LAW.—The Secretary, 
in carrying out this Act, shall comply with otherwise appli-
cable State water law.
(d) PROHIBITION ON HOLDING TITLE.—The Federal 
Government shall not hold title to any facility rehabilitated 
or constructed under this Act. 
(e) PROHIBITION
ON OPERATION
AND MAINTE-
NANCE.—The Federal Government shall not be respon-
sible for the operation and maintenance of any facility con-
structed or rehabilitated under this Act. 
(f) OWNERSHIP AND OPERATION OF FISH PASSAGE 
FACILITY.—Any facility located at Wallowa Lake Dam for 
trapping and transportation of migratory adult salmon 
may be owned and operated only by the Nez Perce Tribe. 
SEC. 4. RELATIONSHIP TO OTHER LAW. 
Activities funded under this Act shall not be consid-
ered a supplemental or additional benefit under the Act 
of June 17, 1902 (32 Stat. 388), and all Acts amendatory 
thereof or supplementary thereto. 
SEC. 5. APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary $32,000,000 for the Federal share of the costs of 
activities authorized under this Act.
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