of enhancement programs similar to the enhancement pro-
gram authorized by this section in other Yakima River
basin tributaries contingent upon the agreement of the ap-
propriate water right owners to participate. Funds for the
implementation of any such similar enhancement program
may not be appropriated until after the Secretary submits
an investigation report to the appropriate congressional
committees.
SEC. 8. CHANDLER PUMPING PLANT AND POWERPLANT-
OPERATIONS AT PROSSER DIVERSION DAM.
(a) AUTHORIZATION OF APPROPRIATIONS FOR ELEC-
TRIFICATION.—In order to provide for electrification to
enhance instream flows by eliminating the need to divert
water to operate the hydraulic turbines which pump water
to the Kennewick Irrigation District, there is authorized
to be appropriated—
(1) $50,000 to conduct an assessment of oppor-
tunities for alternative pumping plant locations;
(2) $4,000,000 for construction; and
(3) such sums as may be necessary for the
prorata share of the operation and maintenance allo-
cated to fish and wildlife as determined by the Sec-
retary.
(b) POWER FOR PROJECT PUMPING.—(1) The Ad-
ministrator of the Bonneville Power Administration shall
provide for project power needed to effect the electrifica-
tion as provided in subsection (a).
(2)(A) There is authorized to be appropriated for the
Bureau of Reclamation for each fiscal year in which the
Administrator provides power under this subsection an
amount equal to the cost to the Bonneville Power Adminis-
tration of providing power under this subsection during
such fiscal year. The rate to be utilized by the Adminis-
trator in determining the cost of power under this para-
graph in a fiscal year shall be the rate for priority firm
power charged by the Bonneville Power Administration in
that fiscal year under section 7(b) of the Pacific North-
west Electric Power Planning and Conservation Act (16
U.S.C. 839e(b)).
(B) The Bureau of Reclamation shall, using funds
appropriated pursuant to the authorization of appropria-
tions in subparagraph (A), reimburse the Bonneville
Power Administration for the costs of the project power
provided under this subsection. Such funds shall be avail-
able for such purpose without fiscal year limitation.
(c) SUBORDINATION.—Any diversions for hydropower
generation at the Chandler Powerplant shall be subordi-
nated to meet the flow targets determined under sub-
section (f).
(d) WATER SUPPLY FOR KENNEWICK IRRIGATION
DISTRICT.—The Secretary shall ensure that the irrigation
water supply for the Kennewick Irrigation District shall
not be affected by conservation, electrification, or subordi-
nation pursuant to this Act and any reduction in its irriga-
tion water supply resulting from conservation measures
adopted or implemented by other entities pursuant to this
Act shall be replaced by water developed through subordi-
nation, electrification, or a combination of the two.
(e) TREATMENT OF CERTAIN FUNDS.—Funds appro-
priated and project power provided pursuant to this sec-
tion shall be nonreimbursable since such funds are used
for fish and wildlife purposes and such funds are not sub-
ject to cost share under section 3(d).
(f) TARGET FLOWS.—Target flows measured at ap-
propriate biological and hydrological location or locations
shall be determined by the Yakima Project Superintendent
in consultation with the System Operations Advisory Com-
mittee.
SEC. 9. AUGMENTATION OF KACHESS RESERVOIR STORED
WATER.
(a) AUTHORIZATION OF APPROPRIATIONS.—In order
to augment Kachess Reservoir stored water supplies from
flows of Cabin Creek and Silver Creek which are excess
to system demands, there is authorized to be appro-
priated—
(1) such sums as may be necessary to carry out
a feasibility study, including the benefits, costs, and
environmental aspects, of the facility described in
paragraph (2);
(2) for the construction of facilities to convey
such flows to Kachess Reservoir, $20,000,000; and
(3) such sums as may be necessary for the pro
rata share of the operation and maintenance allo-
cated to fish and wildlife determined by the Sec-
retary.
(b) LIMITATION.—Construction of the facilities de-
scribed in subsection (a)(1) is contingent on the comple-
tion of the feasibility study referred to in subsection
(a)(2).
(c) USE OF ADDITIONAL WATER.—The stored water
supply resulting from the construction of facilities under
this section shall be used by the Secretary to—
(1) enhance the water supply available to the
Kittitas Reclamation District and the Roza Irriga-
tion District in years of proration; and
(2) facilitate reservoir operations in the Easton
Dam to Keechelus Dam reach of the Yakima River
for the propagation of anadromous fish.
(d) TREATMENT OF COSTS.—The construction and
operation and maintenance costs of the facilities under
this section shall be allocated to irrigation and fishery en-
hancement, as follows:
(1) The portion of such costs allocated to irri-
gation is reimbursable, with the construction costs to
be paid prior to initiation of construction by the
Kittitas Reclamation District and the Roza Irriga-
tion District.
(2) The portion of such costs allocated to fish-
ery enhancement is nonreimbursable.
(e) KACHESS DAM MODIFICATIONS.—There is au-
thorized to be appropriated $2,000,000 for the modifica-
tion of the discharge facilities of Kachess Dam to improve
reservoir operations for anadromous fish enhancement.
Amounts 
appropriated 
under 
this 
subsection 
are
nonreimbursable.
SEC. 10. INTERIM COMPREHENSIVE BASIN OPERATING
PLAN.
(a) DEVELOPMENT.—The Secretary shall, in con-
sultation with the State of Washington, Yakama Indian
Nation, Yakima River Basin irrigation districts, Bonne-
ville Power Administration, and other entities as deter-
mined by the Secretary, develop an interim comprehensive
operating plan for providing a general framework within
which the Yakima Project Superintendent operates the
Yakima Project, including measures implemented under
the Yakima River Basin Water Enhancement Project, in-
cluding (but not limited to)—
(1) operating capability and constraints of the
system;
(2) information on water supply calculations an
water needs;
(3) system operations and stream flow objec-
tives; and
(4) the System Operations Advisory Committee
activities.
(b) PROCESS REQUIREMENTS.—A draft of the in-
terim comprehensive basin operating plan shall be com-
pleted within 18 months after the completion of the Basin
Conservation Plan under section 3(f) and, upon comple-
tion, published for a 90-day public review period. The Sec-
retary shall complete and publish the final interim com-
prehensive operating plan within 90 days after the close
of the public review period. The Secretary shall update the
plan as needed to respond to decisions from water adju-
dications relating to the Yakima River basin.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $100,000 to carry out this
section.
SEC. 11. ENVIRONMENTAL COMPLIANCE.
There are hereby authorized to be appropriated to the
Secretary $2,000,000 for environmental compliance activi-
ties including the conduct, in cooperation with the State
of Washington, of an inventory of wildlife and wetland re-
sources in the Yakima River basin and an investigation
of measures, including ‘‘wetland banking’’, which could be
implemented to address potential impacts which could re-
sult from the activities taken under this Act.
SEC. 12. SAVINGS AND CONTINGENCIES.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to—
(1) affect or modify any treaty or other right of
the Yakama Indian Nation;
(2) authorize the appropriation or use of water
by any Federal, State, or local agency, the Yakama
Indian Nation, or any other entity or individual;
(3) impair the rights or jurisdictions of the
United States, the States, the Yakama Indian Na-
tion, 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 made by
the States;
(5) alter, establish, or impair the respective
rights of States, the United States, the Yakama In-
dian 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 Yakama Indian Nation, or other entity, public or
private;
(7) affect or modify the rights of the Yakama
Indian Nation or its successors in interest to, and
management and regulation of, those water re-
sources arising or used, within the external bound-
aries of the Yakama Indian Reservation;
(8) affect or modify the settlement agreement
between the United States and the State of Wash-
ington filed in Yakima County Superior Court with
regard to Federal reserved water rights other than
those rights reserved by the United States for the
benefit of the Yakama Indian Nation and its mem-
bers;
(9) affect or modify the rights of any Federal,
State, or local agency, the Yakama Indian Nation,
or any other entity, public or private with respect to
any unresolved and unsettled claims in any water
right adjudications, or court decisions, including
State against Acquavella, or constitute evidence in
any such proceeding in which any water or water re-
lated right is adjudicated; or
(10) preclude other planning studies and
projects to accomplish the purposes of this Act by
other means: funded publicly, privately, or by a com-
bination of public and private funding.
(b) CONTINGENCY BASED ON APPROPRIATIONS.—
The performance of any activity under this Act which re-
quires accomplishment within a specified period that may
require appropriation of money by Congress or the allot-
ment of funds shall be contingent upon such appropriation
or allotment being made.
Passed the House of Representatives October 3,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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