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:
Clerk.
HR 5148 EH——2
HR 5148 EH——3
HR 5148 EH——4
HR 5148 EH——5
103D CONGRESS
2D SESSION
H. R. 5148
AN ACT
To authorize certain elements of the Yakima River
Basin Water Enhancement Project, and for other
purposes.