Title: Yakima River Basin Water Enhancement Project Phase III Act
Policy area: Water Resources Development

Summary:
Yakima River Basin Water Enhancement Project Phase III Act
This bill directs the Department of the Interior to implement projects under the third phase of the Yakima River Basin Water Enhancement Project in Washington. The bill also addresses various issues related to the project, such as the treatment of certain additional stored water made available by the project.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1048 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 1048

  To authorize phase III of the Yakima River Basin Water Enhancement 
                    Project, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2019

  Mr. Newhouse (for himself and Ms. Schrier) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize phase III of the Yakima River Basin Water Enhancement 
                    Project, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Yakima River Basin Water Enhancement 
Project Phase III Act''.

SEC. 2. AUTHORIZATION OF PHASE III.

    (a) Definitions.--In this section:
            (1) Integrated plan.--The term ``Integrated Plan'' means 
        the Yakima River Basin Integrated Water Resource Management 
        Plan, the Federal elements of which are known as ``phase III of 
        the Yakima River Basin Water Enhancement Project'', as 
        described in the Bureau of Reclamation document entitled 
        ``Record of Decision for the Yakima River Basin Integrated 
        Water Resource Management Plan Final Programmatic Environmental 
        Impact Statement'' and dated March 2, 2012.
            (2) Irrigation entity.--The term ``irrigation entity'' 
        means a district, project, or State-recognized authority, board 
        of control, agency, or entity located in the Yakima River basin 
        that manages and delivers irrigation water to farms in the 
        Yakima River basin.
            (3) Proratable irrigation entity.--The term ``proratable 
        irrigation entity'' means an irrigation entity that possesses, 
        or the members of which possess, proratable water (as defined 
        in section 1202 of Public Law 103-434 (108 Stat. 4551)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Washington.
            (6) Total water supply available.--The term ``total water 
        supply available'' has the meaning given the term in applicable 
        civil actions, as determined by the Secretary.
            (7) Yakima river basin water enhancement project.--The term 
        ``Yakima River Basin Water Enhancement Project'' means the 
        Yakima River basin water enhancement project authorized by 
        Congress pursuant to title XII of Public Law 103-434 (108 Stat. 
        4550; 114 Stat. 1425) and other Acts (including Public Law 96-
        162 (93 Stat. 1241), section 109 of Public Law 98-381 (16 
        U.S.C. 839b note), and Public Law 105-62 (111 Stat. 1320)) to 
        promote water conservation, water supply, habitat, and stream 
        enhancement improvements in the Yakima River basin.
    (b) Integrated Plan.--
            (1) Initial development phase.--
                    (A) In general.--As the initial development phase 
                of the Integrated Plan, the Secretary, in coordination 
                with the State and the Yakama Nation, shall identify 
                and implement projects under the Integrated Plan that 
                are prepared to be commenced during the 10-year period 
                beginning on the date of enactment of this Act.
                    (B) Requirement.--The initial development phase of 
                the Integrated Plan under subparagraph (A) shall be 
                carried out in accordance with--
                            (i) this subsection, including any related 
                        plans, reports, and correspondence referred to 
                        in this subsection; and
                            (ii) title XII of Public Law 103-434 (108 
                        Stat. 4550; 114 Stat. 1425).
            (2) Intermediate and final development phases.--
                    (A) Plans.--The Secretary, in coordination with the 
                State and the Yakama Nation, shall develop plans for 
                the intermediate and final development phases of the 
                Integrated Plan to achieve the purposes of title XII of 
                Public Law 103-434 (108 Stat. 4550; 114 Stat. 1425), 
                including conducting applicable feasibility studies, 
                environmental reviews, and other relevant studies 
                required to develop those plans.
                    (B) Intermediate development phase.--The Secretary, 
                in coordination with the State and the Yakama Nation, 
                shall develop an intermediate development phase of the 
                Integrated Plan, to commence not earlier than the date 
                that is 10 years after the date of enactment of this 
                Act.
                    (C) Final development phase.--The Secretary, in 
                coordination with the State and the Yakama Nation, 
                shall develop a final development phase of the 
                Integrated Plan, to commence not earlier than the date 
                that is 20 years after the date of enactment of this 
                Act.
            (3) Requirements.--The projects and activities identified 
        by the Secretary for implementation under the Integrated Plan 
        shall be carried out only--
                    (A) subject to authorization and appropriation;
                    (B) contingent on the completion of applicable 
                feasibility studies, environmental reviews, and cost-
                benefit analyses that include favorable recommendations 
                for further project development;
                    (C) on public review and a determination by the 
                Secretary that design, construction, and operation of a 
                proposed project or activity is in the best interest of 
                the public; and
                    (D) in accordance with applicable laws, including--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.).
            (4) Effect of subsection.--Nothing in this subsection--
                    (A) shall be considered to be a new or supplemental 
                benefit for purposes of the Reclamation Reform Act of 
                1982 (43 U.S.C. 390aa et seq.);
                    (B) affects--
                            (i) any contract in existence on the date 
                        of enactment of this Act that was executed 
                        pursuant to the reclamation laws; or
                            (ii) any contract or agreement between the 
                        Bureau of Indian Affairs and the Bureau of 
                        Reclamation;
                    (C) affects, waives, abrogates, diminishes, 
                defines, or interprets any treaty between the Yakama 
                Nation and the United States; or
                    (D) constrains the authority of the Secretary to 
                provide fish passage in the Yakima River basin, in 
                accordance with the Hoover Power Plant Act of 1984 (43 
                U.S.C. 619 et seq.).
            (5) Progress report.--Not later than 5 years after the date 
        of enactment of this Act, the Secretary, in conjunction with 
        the State and in consultation with the Yakama Nation, shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a progress report on the development and 
        implementation of the Integrated Plan.
    (c) Financing, Construction, Operation, and Maintenance of Kachess 
Drought Relief Pumping Plant and Keechelus to Kachess Pipeline.--
            (1) Long-term agreements.--
                    (A) In general.--A long-term agreement negotiated 
                pursuant to this section or the reclamation laws 
                between the Secretary and a participating proratable 
                irrigation entity in the Yakima River basin for the 
                non-Federal financing, construction, operation, or 
                maintenance of the Drought Relief Pumping Plant or the 
                Keechelus to Kachess Pipeline shall include provisions 
                regarding--
                            (i) responsibilities of each participating 
                        proratable irrigation entity for--
                                    (I) the planning, design, and 
                                construction of infrastructure, in 
                                consultation and coordination with the 
                                Secretary; and
                                    (II) the pumping and operational 
                                costs necessary to provide the total 
                                water supply available that is made 
                                inaccessible due to drought pumping 
                                during any preceding calendar year, if 
                                the Kachess Reservoir fails to refill 
                                as a result of pumping drought storage 
                                water during such a calendar year;
                            (ii) property titles and responsibilities 
                        of each participating proratable irrigation 
                        entity for the maintenance of, and liability 
                        for, all infrastructure constructed under title 
                        XII of Public Law 103-434 (108 Stat. 4550; 114 
                        Stat. 1425);
                            (iii) operation and integration of the 
                        projects by the Secretary in the operation of 
                        the Yakima Project; and
                            (iv) costs associated with the design, 
                        financing, construction, operation, 
                        maintenance, and mitigation of projects, with 
                        the costs of Federal oversight and review to be 
                        nonreimbursable to the participating proratable 
                        irrigation entities and the Yakima Project.
                    (B) Treatment.--A facility developed or operated by 
                a participating proratable irrigation entity under this 
                subsection shall not be considered to be a supplemental 
                work for purposes of section 9(a) of the Reclamation 
                Project Act of 1939 (43 U.S.C. 485h(a)).
            (2) Kachess reservoir.--
                    (A) In general.--Any additional stored water made 
                available by the construction of a facility to access 
                and deliver inactive and natural storage in Kachess 
                Lake and Reservoir under this subsection--
                            (i) shall be considered to be Yakima 
                        Project water;
                            (ii) shall be used exclusively by the 
                        Secretary to enhance the water supply during 
                        years for which the total water supply 
                        available is not sufficient to provide a 
                        percentage of proratable entitlements in order 
                        to make that additional water available, in a 
                        quantity representing not more than 70 percent 
                        of proratable entitlements to the Kittitas 
                        Reclamation District, the Roza Irrigation 
                        District, or any other proratable irrigation 
                        entity participating in the construction, 
                        operation, or maintenance costs of a facility 
                        under this section, in accordance with such 
                        terms and conditions as the districts may 
                        agree, subject to the conditions that--
                                    (I) the Bureau of Indian Affairs, 
                                the Wapato Irrigation Project, and the 
                                Yakama Nation, on an election to 
                                participate, may also obtain water from 
                                Kachess Reservoir inactive storage to 
                                enhance applicable existing irrigation 
                                water supply in accordance with such 
                                terms and conditions as the Bureau of 
                                Indian Affairs and the Yakama Nation 
                                may agree; and
                                    (II) the additional supply made 
                                available under this clause shall be 
                                available to participating individuals 
                                and entities based on--
                                            (aa) the proportion that--

                                                    (AA) the proratable 
                                                entitlement of each 
                                                participating 
                                                individual or entity; 
                                                bears to

                                                    (BB) the proratable 
                                                entitlements of all 
                                                participating 
                                                individuals and 
                                                entities; or

                                            (bb) such other proportion 
                                        as the participating entities 
                                        may agree; and
                            (iii) shall not be any portion of the total 
                        water supply available.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                affects, as in existence on the date of enactment of 
                this Act, any--
                            (i) contract;
                            (ii) law (including regulations) relating 
                        to repayment costs;
                            (iii) water rights; or
                            (iv) treaty right of the Yakama Nation.
            (3) Project power for kachess pumping plant.--
                    (A) In general.--Subject to subparagraphs (B) 
                through (D), the Administrator of the Bonneville Power 
                Administration, pursuant to the Pacific Northwest 
                Electric Power Planning and Conservation Act (16 U.S.C. 
                839 et seq.), shall provide to the Secretary project 
                power to operate the Kachess Pumping Plant constructed 
                under this section if inactive storage in the Kachess 
                Reservoir is needed to provide drought relief for 
                irrigation.
                    (B) Determinations by secretary.--The project power 
                described in subparagraph (A) may be provided only if 
                the Secretary determines that--
                            (i) there are in effect--
                                    (I) a drought declaration issued by 
                                the State; and
                                    (II) conditions that have led to 70 
                                percent or lower water delivery to 
                                proratable irrigation districts; and
                            (ii) it is appropriate to provide the power 
                        under that subparagraph.
                    (C) Period of availability.--The power described in 
                subparagraph (A) shall be provided during the period--
                            (i) beginning on the date on which the 
                        Secretary makes the determinations described in 
                        subparagraph (B); and
                            (ii) ending on the earlier of--
                                    (I) the date that is 1 year after 
                                that date; and
                                    (II) the date on which the 
                                Secretary determines that--
                                            (aa) drought mitigation 
                                        measures are still necessary in 
                                        the Yakima River basin; or
                                            (bb) the power should no 
                                        longer be provided for any 
                                        other reason.
                    (D) Rate.--
                            (i) In general.--The Administrator of the 
                        Bonneville Power Administration shall provide 
                        project power under subparagraph (A) at the 
                        then-applicable lowest Bonneville Power 
                        Administration rate for public body, 
                        cooperative, and Federal agency customer firm 
                        obligations on the date on which the authority 
                        is provided.
                            (ii) No discounts.--The rate under clause 
                        (i) shall not include any irrigation discount.
                    (E) Local provider.--During any period for which 
                project power is not provided under subparagraph (A), 
                the Secretary shall obtain power to operate the Kachess 
                Pumping Plant from a local provider.
                    (F) Other costs.--The cost of power for pumping and 
                station service, and the costs of transmitting power 
                from the Federal Columbia River power system to the 
                pumping facilities of the Yakima River Basin Water 
                Enhancement Project, shall be borne by the irrigation 
                districts receiving the benefits of the applicable 
                water.
                    (G) Duties of commissioner.--For purposes of this 
                paragraph, the Commissioner of Reclamation shall 
                arrange transmission for any delivery of--
                            (i) Federal power over the Bonneville 
                        system through applicable tariff and business 
                        practice processes of that system; or
                            (ii) power obtained from any local 
                        provider.
    (d) Design and Use of Groundwater Recharge Projects.--The 
Secretary, in coordination with the State and the Yakama Nation, may 
provide technical assistance for, participate in, and enter into 
agreements, including with irrigation entities for the use of excess 
conveyance capacity in Yakima River Basin Water Enhancement Project 
facilities, for--
            (1) groundwater recharge projects; and
            (2) aquifer storage and recovery projects.
    (e) Operational Control of Water Supplies.--
            (1) In general.--The Secretary shall retain authority and 
        discretion over the management of Yakima River Basin Water 
        Enhancement Project supplies--
                    (A) to optimize operational use and flexibility; 
                and
                    (B) to ensure compliance with all applicable 
                Federal and State laws, treaty rights of the Yakama 
                Nation, and legal obligations, including those under 
                title XII of Public Law 103-434 (108 Stat. 4550; 114 
                Stat. 1425).
            (2) Inclusion.--The authority and discretion described in 
        paragraph (1) shall include the ability of the United States to 
        store, deliver, conserve, and reuse water supplies deriving 
        from projects authorized under title XII of Public Law 103-434 
        (108 Stat. 4550; 114 Stat. 1425).
    (f) Cooperative Agreements and Grants.--The Secretary may enter 
into cooperative agreements and make grants to carry out this section, 
including for the purposes of land and water transfers, leases, and 
acquisitions from willing participants, subject to the condition that 
the acquiring entity shall hold title to, and be responsible for, all 
required operation, maintenance, and management of the acquired land or 
water during any period in which the acquiring entity holds title to 
the acquired land.
    (g) Water Conservation Projects.--The Secretary may participate in, 
provide funding for, and accept non-Federal financing for water 
conservation projects, regardless of whether the projects are in 
accordance with the Yakima River Basin Water Conservation Program 
established under section 1203 of Public Law 103-434 (108 Stat. 4551), 
that are intended to partially implement the Integrated Plan by 
providing conserved water to improve tributary and mainstem stream 
flow.
    (h) Indian Irrigation Projects.--
            (1) In general.--The Secretary, acting through the 
        Commissioner of Reclamation, may contribute funds for the 
        preparation of plans and investigation measures, and, after the 
        date on which the Secretary certifies that the measures are 
        consistent with the water conservation objectives of this 
        section, to any Indian irrigation project--
                    (A) that is located in the Pacific Northwest 
                Region;
                    (B) that is identified in the report of the 
                Government Accountability Office numbered GAO-15-453T;
                    (C) that has been identified as part of a Bureau of 
                Reclamation basin study pursuant to subtitle F of title 
                IX of Public Law 111-11 (42 U.S.C. 10361 et seq.) to 
                increase water supply for the Pacific Northwest Region; 
                and
                    (D) an improvement to which would contribute to the 
                flow of interstate water.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $75,000,000.

SEC. 3. MODIFICATION OF PURPOSES AND DEFINITIONS.

    (a) Purposes.--Section 1201 of Public Law 103-434 (108 Stat. 4550) 
is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) to protect, mitigate, and enhance fish and wildlife 
        and the recovery and maintenance of self-sustaining harvestable 
        populations of fish and other aquatic life, both anadromous and 
        resident species, throughout their historic distribution range 
        in the Yakima Basin through--
                    ``(A) improved water management and the 
                constructions of fish passage at storage and diversion 
                dams, as authorized under the Hoover Power Plant Act of 
                1984 (43 U.S.C. 619 et seq.);
                    ``(B) improved instream flows and water supplies;
                    ``(C) improved water quality, watershed, and 
                ecosystem function;
                    ``(D) protection, creation, and enhancement of 
                wetlands; and
                    ``(E) other appropriate means of habitat 
                improvement;'';
            (2) in paragraph (2), by inserting ``, municipal, 
        industrial, and domestic water supply and use purposes, 
        especially during drought years, including reducing the 
        frequency and severity of water supply shortages for pro-
        ratable irrigation entities'' before the semicolon at the end;
            (3) by striking paragraph (4);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) to authorize the Secretary to make water available 
        for purchase or lease for meeting municipal, industrial, and 
        domestic water supply purposes;'';
            (6) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (8), respectively;
            (7) by inserting after paragraph (4) (as redesignated by 
        paragraph (4)) the following:
            ``(5) to realize sufficient water savings from implementing 
        the Yakima River Basin Integrated Water Resource Management 
        Plan, so that not less than 85,000 acre feet of water savings 
        are achieved by implementing the initial development phase of 
        the Integrated Plan pursuant to section 2(b)(1) of the Yakima 
        River Basin Water Enhancement Project Phase III Act, in 
        addition to the 165,000 acre-feet of water savings targeted 
        through the Basin Conservation Program, as authorized on 
        October 31, 1994;'';
            (8) in paragraph (6) (as redesignated by paragraph (6))--
                    (A) by inserting ``an increase in'' before 
                ``voluntary''; and
                    (B) by striking ``and'' at the end;
            (9) by inserting after paragraph (6) (as so redesignated) 
        the following:
            ``(7) to encourage an increase in the use of, and reduce 
        the barriers to, water transfers, leasing, markets, and other 
        voluntary transactions among public and private entities to 
        enhance water management in the Yakima River basin;'';
            (10) in paragraph (8) (as so redesignated), by striking the 
        period at the end and inserting ``; and''; and
            (11) by adding at the end the following:
            ``(9) to improve the resilience of the ecosystems, 
        economies, and communities in the Yakima River basin facing 
        drought, hydrologic changes, and other related changes and 
        variability in natural and human systems, for the benefit of 
        the people, fish, and wildlife of the region.''.
    (b) Definitions.--Section 1202 of Public Law 103-434 (108 Stat. 
4550) is amended--
            (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
        (11), (12), (13), and (14) as paragraphs (8), (10), (11), (12), 
        (13), (14), (15), (17), and (18), respectively;
            (2) by inserting after paragraph (5) the following:
            ``(6) Designated federal official.--The term `designated 
        Federal official' means the Commissioner of Reclamation (or a 
        designee), acting pursuant to the charter of the Conservation 
        Advisory Group.
            ``(7) Integrated plan.--The term `Integrated Plan' has the 
        meaning given the term in section 2(a) of the Yakima River 
        Basin Water Enhancement Project Phase III Act, to be carried 
        out in cooperation with, and in addition to, activities of the 
        State of Washington and the Yakama Nation.'';
            (3) by inserting after paragraph (8) (as redesignated by 
        paragraph (1)) the following:
            ``(9) Municipal, industrial, and domestic water supply and 
        use.--The term `municipal, industrial, and domestic water 
        supply and use' means the supply and use of water for--
                    ``(A) domestic consumption (whether urban or 
                rural);
                    ``(B) maintenance and protection of public health 
                and safety;
                    ``(C) manufacture, fabrication, processing, 
                assembly, or other production of a good or commodity;
                    ``(D) production of energy;
                    ``(E) fish hatcheries; or
                    ``(F) water conservation activities relating to a 
                use described in subparagraphs (A) through (E).''; and
            (4) by inserting after paragraph (15) (as so redesignated) 
        the following:
            ``(16) Yakima enhancement project; yakima river basin water 
        enhancement project.--The terms `Yakima Enhancement Project' 
        and `Yakima River Basin Water Enhancement Project' mean the 
        Yakima River basin water enhancement project authorized by 
        Congress pursuant to this Act and other Acts (including Public 
        Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381 
        (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111 
        Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to 
        promote water conservation, water supply, habitat, and stream 
        enhancement improvements in the Yakima River basin.''.

SEC. 4. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the second sentence, by striking 
                        ``title'' and inserting ``section''; and
                            (ii) in the third sentence, by striking 
                        ``within 5 years of the date of enactment of 
                        this Act''; and
                    (B) in paragraph (2), by striking ``irrigation'' 
                and inserting ``the number of irrigated acres'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in each of subparagraphs (A) through 
                        (D), by striking the comma at the end of the 
                        subparagraph and inserting a semicolon;
                            (ii) in subparagraph (E), by striking the 
                        comma at the end and inserting ``; and'';
                            (iii) in subparagraph (F), by striking 
                        ``Department of Wildlife of the State of 
                        Washington, and'' and inserting ``Department of 
                        Fish and Wildlife of the State of 
                        Washington.''; and
                            (iv) by striking subparagraph (G);
                    (B) in paragraph (3)--
                            (i) in each of subparagraphs (A) through 
                        (C), by striking the comma at the end of the 
                        subparagraph and inserting a semicolon;
                            (ii) in subparagraph (D), by striking ``, 
                        and'' at the end and inserting a semicolon;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) provide recommendations to advance the 
                purposes and programs of the Yakima Enhancement 
                Project, including the Integrated Plan.''; and
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Authority of designated federal official.--The 
        designated Federal official may--
                    ``(A) arrange and provide logistical support for 
                meetings of the Conservation Advisory Group;
                    ``(B) use a facilitator to serve as a moderator for 
                meetings of the Conservation Advisory Group or provide 
                additional logistical support; and
                    ``(C) grant any request for a facilitator by any 
                member of the Conservation Advisory Group.'';
            (3) in subsection (d), by adding at the end the following:
            ``(4) Payment of local share by state or federal 
        government.--
                    ``(A) In general.--The State or the Federal 
                Government may fund not more than the 17.5-percent 
                local share of the costs of the Basin Conservation 
                Program in exchange for the long-term use of conserved 
                water, subject to the requirement that the funding by 
                the Federal Government of the local share of the costs 
                shall provide a quantifiable public benefit in meeting 
                Federal responsibilities in the Yakima River basin and 
                the purposes of this title.
                    ``(B) Use of conserved water.--The Yakima Project 
                Manager may use water resulting from conservation 
                measures taken under this title, in addition to water 
                that the Bureau of Reclamation may acquire from any 
                willing seller through purchase, donation, or lease, 
                for water management uses pursuant to this title.'';
            (4) in subsection (e), by striking the first sentence and 
        inserting the following: ``To participate in the Basin 
        Conservation Program, as described in subsection (b), an entity 
        shall submit to the Secretary a proposed water conservation 
        plan.'';
            (5) in subsection (i)(3)--
                    (A) by striking ``purchase or lease'' each place it 
                appears and inserting ``purchase, lease, or 
                management''; and
                    (B) in the third sentence, by striking ``made 
                immediately upon availability'' and all that follows 
                through ``Committee'' and inserting ``continued as 
                needed to provide water to be used by the Yakima 
                Project Manager as recommended by the System Operations 
                Advisory Committee and the Conservation Advisory 
                Group''; and
            (6) in subsection (j)(4), in the first sentence, by 
        striking ``initial acquisition'' and all that follows through 
        ``flushing flows'' and inserting ``acquisition of water from 
        willing sellers or lessors specifically to provide improved 
        instream flows for anadromous and resident fish and other 
        aquatic life, including pulse flows to facilitate outward 
        migration of anadromous fish''.

SEC. 5. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.

    (a) Redesignation of Yakama Nation.--Section 1204(g) of Public Law 
103-434 (108 Stat. 4557) is amended--
            (1) by striking the subsection designation and heading and 
        all that follows through paragraph (1) and inserting the 
        following:
    ``(g) Redesignation of Yakama Indian Nation to Yakama Nation.--
            ``(1) Redesignation.--The Confederated Tribes and Bands of 
        the Yakama Indian Nation shall be known and designated as the 
        `Confederated Tribes and Bands of the Yakama Nation'.''; and
            (2) in paragraph (2), by striking ``deemed to be a 
        reference to the `Confederated Tribes and Bands of the Yakama 
        Indian Nation'.'' and inserting ``deemed to be a reference to 
        the `Confederated Tribes and Bands of the Yakama Nation'.''.
    (b) Operation of Yakima Basin Projects.--Section 1205 of Public Law 
103-434 (108 Stat. 4557) is amended--
            (1) in subsection (a)(4)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``additional'' 
                                after ``secure'';
                                    (II) by striking ``flushing'' and 
                                inserting ``pulse''; and
                                    (III) by striking ``uses'' and 
                                inserting ``uses, in addition to the 
                                quantity of water provided under the 
                                treaty between the Yakama Nation and 
                                the United States'';
                            (ii) by striking clause (ii);
                            (iii) by redesignating clause (iii) as 
                        clause (ii); and
                            (iv) in clause (ii) (as so redesignated) by 
                        inserting ``and water rights mandated'' after 
                        ``goals''; and
                    (B) in subparagraph (B)(i), in the first sentence, 
                by inserting ``in proportion to the funding received'' 
                after ``Program'';
            (2) in subsection (b), in the second sentence, by striking 
        ``instream flows for use by the Yakima Project Manager as 
        flushing flows or as otherwise'' and inserting ``fishery 
        purposes, as''; and
            (3) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--Additional purposes of the Yakima 
        Project shall be any of the following:
                    ``(A) To recover and maintain self-sustaining 
                harvestable populations of native fish, both anadromous 
                and resident species, throughout their historic 
                distribution range in the Yakima River basin.
                    ``(B) To protect, mitigate, and enhance aquatic 
                life and wildlife.
                    ``(C) Recreation.
                    ``(D) Municipal, industrial, and domestic use.''.
    (c) Enhancement of Water Supplies for Yakima Basin Tributaries.--
Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended--
            (1) in the section heading, by striking ``supplies'' and 
        inserting ``management'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``supplies'' and inserting ``management'';
                    (B) in paragraph (1), by inserting ``and water 
                supply entities'' after ``owners''; and
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``that choose not to participate in, or opt out 
                        of, tributary enhancement projects pursuant to 
                        this section'' after ``water right owners''; 
                        and
                            (ii) in subparagraph (B), by inserting 
                        ``nonparticipating'' before ``tributary water 
                        users'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking the paragraph designation 
                        and all that follows through ``(but not limited 
                        to)--'' and inserting the following:
            ``(1) In general.--The Secretary, following consultation 
        with the State of Washington, tributary water right owners, and 
        the Yakama Nation, and on agreement of appropriate water right 
        owners, is authorized to conduct studies to evaluate measures 
        to further Yakima Project purposes on tributaries to the Yakima 
        River. Enhancement programs that use measures authorized by 
        this subsection may be investigated and implemented by the 
        Secretary in tributaries to the Yakima River, including Taneum 
        Creek, other areas, or tributary basins that currently or could 
        potentially be provided supplemental or transfer water by 
        entities, such as the Kittitas Reclamation District or the 
        Yakima-Tieton Irrigation District, subject to the condition 
        that activities may commence on completion of applicable and 
        required feasibility studies, environmental reviews, and cost-
        benefit analyses that include favorable recommendations for 
        further project development, as appropriate. Measures to 
        evaluate include--'';
                            (ii) by indenting subparagraphs (A) through 
                        (F) appropriately;
                            (iii) in subparagraph (A), by inserting 
                        before the semicolon at the end the following: 
                        ``, including irrigation efficiency 
                        improvements (in coordination with programs of 
                        the Department of Agriculture), consolidation 
                        of diversions or administration, and diversion 
                        scheduling or coordination'';
                            (iv) by redesignating subparagraphs (C) 
                        through (F) as subparagraphs (E) through (H), 
                        respectively;
                            (v) by inserting after subparagraph (B) the 
                        following:
                    ``(C) improvements in irrigation system management 
                or delivery facilities within the Yakima River basin 
                when those improvements allow for increased irrigation 
                system conveyance and corresponding reduction in 
                diversion from tributaries or flow enhancements to 
                tributaries through direct flow supplementation or 
                groundwater recharge;
                    ``(D) improvements of irrigation system management 
                or delivery facilities to reduce or eliminate 
                excessively high flows caused by the use of natural 
                streams for conveyance or irrigation water or return 
                water;'';
                            (vi) in subparagraph (E) (as redesignated 
                        by clause (iv)), by striking ``ground water'' 
                        and inserting ``groundwater recharge and'';
                            (vii) in subparagraph (G) (as so 
                        redesignated), by inserting ``or transfer'' 
                        after ``purchase''; and
                            (viii) in subparagraph (H) (as so 
                        redesignated), by inserting ``stream processes 
                        and'' before ``stream habitats'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Taneum Creek study'' and 
                        inserting ``studies under this subsection'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``and economic'' 
                                and inserting ``, infrastructure, 
                                economic, and land use''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(D) any related studies already underway or 
                undertaken.''; and
                    (C) in paragraph (3), in the first sentence, by 
                inserting ``of each tributary or group of tributaries'' 
                after ``study'';
            (4) in subsection (c)--
                    (A) in the subsection heading, by inserting ``and 
                Nonsurface Storage'' after ``Nonstorage''; and
                    (B) in the matter preceding paragraph (1), by 
                inserting ``and nonsurface storage'' after 
                ``nonstorage'';
            (5) by striking subsection (d);
            (6) by redesignating subsection (e) as subsection (d); and
            (7) in paragraph (2) of subsection (d) (as so 
        redesignated)--
                    (A) in the first sentence--
                            (i) by inserting ``and implementation'' 
                        after ``investigation'';
                            (ii) by striking ``other'' before ``Yakima 
                        River''; and
                            (iii) by inserting ``and other water supply 
                        entities'' after ``owners''; and
                    (B) by striking the second sentence.
    (d) Chandler Pumping Plant and Powerplant-Operations at Prosser 
Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562; 
114 Stat. 1425) is amended by inserting ``negatively'' before 
``affected''.
                                 <all>