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. 
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 Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ASSOCIATED
DITCH
COMPANIES, INCOR-
PORATED.—The term ‘‘Associated Ditch Companies, 
Incorporated’’ means the nonprofit corporation es-
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tablished 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 December 2002, and on file 
with the Bureau of Reclamation. 
SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM. 
(a) GRANTS AND COOPERATIVE AGREEMENTS.—The 
Secretary may provide grants to, or enter into cooperative 
or other agreements with, tribal, State, and local govern-
mental entities and the Associated Ditch Companies, In-
corporated, to plan, design, and construct facilities needed 
to implement the Wallowa Lake Dam Rehabilitation Pro-
gram. 
(b) CONDITIONS.—As a condition of providing funds 
under subsection (a), the Secretary shall ensure that— 
(1) the Wallowa Lake Dam Rehabilitation Pro-
gram and activities under this Act meet the stand-
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ards of the dam safety program of the State of Or-
egon; 
(2) the Associated Ditch Companies, Incor-
porated, agrees to assume liability for any work per-
formed, or supervised, with Federal funds provided 
to it under this Act; and 
(3) the United States shall not be liable for 
damages of any kind arising out of any act, omis-
sion, or occurrence relating to a facility rehabilitated 
or constructed with Federal funds provided under 
this Act, both while and after activities are con-
ducted using Federal funds provided under this Act. 
(c) COST SHARING.— 
(1) IN GENERAL.—The Federal share of the 
costs of activities authorized under this Act shall not 
exceed 50 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 agri-
cultural producers in any Federal commodity or 
conservation program. 
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(d) COMPLIANCE WITH STATE LAW.—The Secretary, 
in carrying out this Act, shall comply with applicable Or-
egon State water law. 
(e) PROHIBITION ON HOLDING TITLE.—The Federal 
Government shall not hold title to any facility rehabilitated 
or constructed under this Act. 
(f) 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. 
SEC. 4. RELATIONSHIP TO OTHER LAW. 
Activities funded under this Act shall not be consid-
ered a supplemental or additional benefit under Federal 
reclamation law (the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), and Acts supplemental to and amendatory 
of that Act (43 U.S.C. 371 et seq.)). 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary to pay the Federal share of the costs of activities 
authorized under this Act, $6,000,000. 
Æ 
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