Reclamation Projects Authorization and Adjustment Act of 1992
PL 102-575 (H.R.429), enacted 10/30/1992

106 STAT. 4600 
PUBLIC LAW 102-575—OCT. 30, 1992 
Public Law 102-575 
102d Congress 
An Act 
Oct. 30, 1992 
[H.R. 429] 
Reclamation 
Projects 
Authorization 
and Adjustment 
Act of 1992. 
C!onservation. 
43 use 371 note. 
To authorize additional appropriations for the construction of the Buffalo Bill Dam 
and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming. 
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 ''Reclamation Projects Authoriza-
tion and Adjustment Act of 1992". 
SEC. 2. DEFINITION AND TABLE OF CONTENTS. 
For purposes of this Act, the term "Secretary" means the Sec-
retary of 
the Interior. 
TABLE OF CONTENTS 
Sec. 1. Short title. 
Sec. 2. Definition and table of contents. 
TITLE I—BUFFALO BILL DAM AND RESERVOIR, WYOMING 
Sec. 101. Additional authorization of appropriations. 
TITLE n—CENTRAL UTAH PROJECT CONSTRUCTION 
Sec. 200. Short title and definitions for titles II-VI. 
Sec. 201. Authorization of additional amounts for the Colorado River Storage 
Project. 
Sec. 202. Bonneville Unit water development. 
Sec. 203. Uinta Basin Replacement Prqject. 
Sec. 204. Non-Federal contribution. 
Sec. 206. Definite Plan Report and environmental compliance. 
Sec. 206. Local development in lieu of irrigation and drainage. 
Sec. 207. Water management improvement 
Sec. 208. Limitation on hydropower operations. 
Sec. 209. Operating agreements. 
Sec. 210. Jordan Aqurauct prepayment 
Sec. 211. Audit of Central Utah Project cost allocations. 
Sec. 212. Surplus crops. 
TITLE m—FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION 
Sec. 301. Utah Reclamation Mitigation and Conservation Commission. 
Sec. 302. Increased project water capability. 
Sec. 303. Stream flows. 
Sec. 304. Fish, wildlife, and recreation projects identified or proposed in the 1988 
Definite Plan Report for the Central Utah Project 
Sec. 305. Wildlife lands and improvements. 
Sec. 306. Wetlands acquisition, rehabilitation, and enhancement 
Sec. 307. Fisheries acquisition, rehabilitation, and enhancement 
Sec. 308. Stabilization of high mountain lakes in the Uinta mountains. 
Sec. 309. Stream access and riparian habitat development. 
Sec. 310. Section 8 expenses. 
Sec. 311. Jordan and Provo River Parkways and natural areas. 
Sec. 312. Recreation. 
Sec. 313. Fish and wildlife features in the Colorado River Storage Project 
Sec. 314. Concurrent mitigation appropriations. 
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Sec. 316. Fish, wildlife, and recreation schedule. 
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PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4601 
TITLE IV—UTAH RECLAMATION MITIGATION AND CONSERVATION 
ACCOUNT 
Sec. 401. Findings and purpose. 
Sec. 402. Utah Reclamation Mitigation and Conservation Account. 
TITLE V—UTE INDIAN RIGHTS SETTLEMENT 
Sec. 501. Findings. 
Sec. 502. Provisions for payment to the Ute Indian Tribe. 
Sec. 503. Tribal use of water. 
Sec. 504. Tribal farming operations. 
Sec. 505. Reservoirs, stream, habitat, and road improvements with respect to the 
Ute Indian Reservation. 
Sec. 506. Tribal development funds. 
Sec. 507. Waiver of claims. 
TITLE VI—ENDANGERED SPECIES ACT AND NATIONAL ENVIRONMENTAL 
POUCYACT 
TITLE Vn—LEADVILLE MINE DRAINAGE TUNNEL, COLORADO 
Sec. 701. Authorization. 
Sec. 702. Costs nonreimbursable. 
Sec. 703. Operation and maintenance. 
Sec. 704. Appropriations authorized. 
Sec. 705. Limitation. 
Sec. 706. Design and operation notification. 
Sec. 707. Fish and wilalife restoration. 
Sec. 708. Water quality restoration. 
TITLE VIII—LAKE MEREDITH SALINITY CONTROL PROJECT, TEXAS AND 
NEW MEXICO 
Sec. 801. Authorization to construct and test. 
Sec. 802. Construction contract with the Canadian River Municipal Water 
Authority. 
Sec. 803. Project costs. 
Sec. 804. Construction and control. 
Sec. 805. Transfer of title. 
Sec. 806. Authorization. 
TITLE K—CEDAR BLUFF UNIT, KANSAS 
Sec. 901. Authorization. 
Sec. 902. Contract. 
Sec. 903. Contract. 
Sec. 904. Transfer of district headquarters. 
Sec. 905. Liability and indemnification. 
Sec. 906. Additional actions. 
TITLE X—SOUTH DAKOTA WATER PLANNING STUDIES 
Sec. 1001. Authorization for South Dakota water planning studies. 
TITLE 
XI—SALTON 
SEA 
RESEARCH 
PROJECT, 
CALIFORNIA 
Sec. 1101. Research project. 
TITLE XII—AMENDMENT TO SABINE RIVER COMPACT 
Sec. 1201. Consent to amendment to Sabine River compact. 
Sec. 1202. Compact described. 
Sec. 1203. Amendment. 
TITLE XIII—SALT-GILA AQUEDUCT, ARIZONA 
Sec. 1301. Designation. 
Sec. 1302. References. 
TITLE XIV—VERMEJO PROJECT REUEF, NEW MEXICO 
TITLE XV—SAN LUIS VALLEY PROTECTION, COLORADO 
Sec. 1501. Permit issuance prohibited. 
Sec. 1502. Judicial review. 
Sec. 1503. Costs. 
Sec. 1504. Disclaimers. 
TITLE XVI—RECLAMATION WASTEWATER AND GROUND WATER STUDIES 
106 STAT. 4602 
PUBLIC LAW 102-575—OCT. 30, 1992 
Sec. 1601. Short title. 
V 
Sec. 1602. General authority. 
Sec. 1603. Appraisal investigations. 
Sec. 1604. Feasibility studies. 
Sec. 1605. Research and demonstration projects. 
Sec. 1606. Southern California comprehensive water reclamation and reuse study. 
Sec. 1607. San Jose area water reclamation and reuse program. 
Sec. 1608. Phoenix metropolitan water reclamation study and program. 
Sec. 1609. Tucson area water reclamation study. 
Sec. 1610. Lake Cheraw water reclamation ana reuse study. 
Sec. 1611. San Francisco area water reclamation study. 
^ 
Sec. 1612. San Diego area water reclamation program. 
Sec. 1613. Los Angeles area water reclamation and reuse project. 
Sec. 1614. San Gabriel Basin demonstration project. 
Sec. 1615. Authorization of appropriations. 
Sec. 1616. Ground water study. 
Sec. 1617. Authorization of appropriations. 
TITLE XVII—IRRIGATION ON STANDING ROCK INDIAN RESERVATION, 
NORTH DAKOTA 
Sec. 1701. Irrigation on Standing Rock Indian Reservation. 
TITLE XVIII—GRAND CANYON PROTECTION 
Sec. 1801. Short title. 
Sec. 1802. Protection of Grand Canyon National Park. 
Sec. 1803. Interim protection of Grand Canyon National Park. 
Sec. 1804. Glen Canyon Dam environmental impact statement; long-term operation 
of Glen Canyon Dam. 
Sec. 1805. Long-term monitoring. 
Sec. 1806. Rules of construction. 
Sec. 1807. Studies nonreimbursable. 
Sec. 1808. Authorization of appropriations. 
Sec. 1809. Replacement power. 
TITLE XK—MID-DAKOTA RURAL WATER SYSTEM 
Sec. 1901. Short title. 
Sec. 1902. Definitions. 
Sec. 1903. Federal assistance for rural water system. 
Sec. 1904. Federal assistance for wetland development and enhancement. 
Sec. 1905. Water conservation. 
Sec. 1906. Mitigation of fish and wildlife losses. 
Sec. 1907. Use of Pick-Sloan power. 
Sec. 1908. Rule of construction. 
Sec. 1909. Water rights. 
Sec. 1910. Use of government facilities. 
Sec. 1911. Authorization of appropriations. 
TITLE XX—LAKE ANDES-WAGNER/MARTY II, SOUTH DAKOTA 
Sec. 2001. Short title. 
Sec. 2002. Demonstration program. 
Sec. 2003. Planning reports—environmental impact statements. 
Sec. 2004. Authorization of the Lake Andes-Wagner Unit and the Marty II Unit, 
South Dakota. 
Sec. 2005. Conditions. 
Sec. 2006. Indian employment. 
Sec. 2007. Federal reclamation laws govern. 
Sec. 2008. Cost sharing. 
Sec. 2009. Authorization of appropriations. 
Sec. 2010. Indian water rights. 
TITLE XXI—RIO GRANDE FLOODWAY, SAN ACACU TO BOSQUE DEL 
? 
APACHE UNIT, NEW MEXICO 
Sec. 2101. Clarification of cost-share requirements. 
TITLE XXII—SUNNYSIDE VALLEY IRRIGATION DISTRICT, WASHINGTON 
Sec. 2201. Conveyance to Sunnyside Valley Irrigation District. 
TITLE XXIII—PLATORO RESERVOIR AND DAM, SAN LUIS VALLEY PROJECT, 
COLORADO 
Sec. 2301. Findings and declarations. 
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1 
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PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4603 
Sec. 2302. Transfer of operation and maintenance responsibility of Platoro Res-
ervoir. 
_ 
Sec. 2303. Definitions. 
TITLE XXIV—REDWOOD COUNTY WATER DISTRICT, CALIFORNIA 
Sec. 2401. Sale of Bureau of Reclanmtion loans. 
Sec. 2402. Savings provisions. 
Sec. 2403. Fees ana expenses of program. 
Sec. 2404. Termination of authority. 
TITLE XXV—UNITED WATER CONSERVATION DISTRICT, CALIFORNIA 
Sec. 2501. Sale of the Freeman Diversion Improvement Project loan. 
Sec. 2502. Termination and conveyance of rights. 
Sec. 2503. Termination of authority. 
TITLE XXVI—fflGH PLAINS GROUNDWATER PROGRAM 
Sec. 2601. High Plains States Groundwater Demonstration Program Act 
TITLE XXVII—MONTANA IRRIGATION PROJECTS 
Sec. 2701. Pick-Sloan project pumping power. 
TITLE XXVIII—RECLAMATION RECREATION MANAGEMENT ACT 
Sec. 2801. Short title. 
Sec. 2802. Findings. 
Sec. 2803. Defmitions. 
Sec. 2804. Amendments to the Federal Water Project Recreation Act. 
Sec. 2805. Management of reclamation lands. 
Sec. 2806. Protection of authorized purposes of reclamation projects. 
TITLE XXK—SAN JUAN SUBURBAN WATER DISTRICT, CENTRAL VALLEY 
PROJECT, CALIFORNIA 
Sec. 2901. Repayment of water pimips, San Juan Suburban Water District, Central 
Valley Project, California. 
TITLE XXX—WESTERN WATER POUCY REVIEW 
Sec. 3001. Short title. 
Sec. 3002. Con^ssional findings. 
Sec. 3003. Presidential review. 
Sec. 3004. The Advisory Commission. 
Sec. 3005. Duties of the Commission. 
Sec. 3006. Representatives. 
Sec. 3007. Powers of the Commission. 
Sec. 3008. Powers and duties of the Chairman. 
Sec. 3009. Other Federal agencies. 
Sec. 3010. Appropriations. 
TITLE XXXI—MOUNTAIN PARK MASTER CONSERVANCY DISTRICT, 
OKLAHOMA 
Sec. 3101. Payment by Mountain Park Master Conservancy District. 
Sec. 3102. Reschedule of repayment obligation. 
TITLE XXXII—SOUTH DAKOTA PRESERVATION AND RESTORATION TRUST 
Subpart A—^Biological Diversity Trust 
Sec. 3201. South Dakota biological diversity trust. 
Subpart B—^Wetland Habitat Restoration Program 
Sec. 3202. Definitions. 
Sec. 3203. Wetland trust. 
Sec. 3204. Authorization of appropriations. 
TITLE XXXIII—ELEPHANT BUTTE IRRIGATION DISTRICT, NEW MEXICO 
Sec. 3301. Transfer. 
Sec. 3302. Limitation. 
Sec. 3303. Efiect of Act on other laws. 
TITLE XXXIV—CENTRAL VALLEY PROJECT IMPROVEMENT ACT 
Sec. 3401. Short title. 
Sec. 3402. Purposes. 
106 STAT. 4604 
PUBLIC LAW 102-575—OCT. 30, 1992 
Sec 3403. Definitions. 
Sec. 3404. Limitation on contracting and contract reform. 
Sec. 3405. Water transfers, improved water management and conservation. 
Sec. 3406. Fish, wildlife and habitat restoration. 
Sec. 3407. Restoration fund. 
Sec. 3408. Additional authorities. 
Sec. 3409. Environmental review. 
Sec. 3410. Authorization of appropriations. 
Sec. 3411. Compliance with State water law and coordinated operations agreement 
Sec. 3412. Extension of the Tehama-Colusa Canal service area. 
TITLE XXXV—THREE AFFILIATED TRIBES AND STANDING ROCK SIOUX 
TRIBE EQUITABLE COMPENSATION PROGRAM, NORTH DAKOTA 
Sec. 3501. Short title. 
Sec. 3502. Definitions. 
Sec. 3503. Findings; Declarations. 
Sec. 3504. Funds. 
Sec. 3505. Eligibility for other services not affected. 
Sec. 3506. Per capita payments prohibited. 
Sec. 3507. Standing Rock Sioux Indian Reservation. 
Sec. 3508. Transfer of lands. 
Sec. 3509. Transfer of lands at the Ohae Dam and Lake project. 
Sec. 3510. Conforming amendment. 
Sec. 3511. Authorization. 
TITLE XXXVI—SONOMA BAYLANDS WETLAND DEMONSTRATION PROJECT, 
CAUFORNIA 
Sec. 3601. Sonoma Baylands wetland demonstration project. 
TITLE XXXVII—SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT, 
ARIZONA 
Sec. 370L Short title. 
Sec. 3702. Congressional findings. 
Sec. 3703, Definitions. 
Sec. 3704. Water. 
Sec. 3705. Ratification and confirmation of contracts. 
Sec. 3706. Water delivery contract amendments; water lease, water withdrawal. 
Sec. 3707. Construction and rehabilitation; trust fund. 
Sec. 3708. Satisfaction of claims. 
Sec. 3709. Environmental compliance. 
Sec. 3710. Miscellaneotis provisions. 
Sec. 3711. Efiective date. 
TITLE XXXVIII—SAN FRANCISCO WATER RECLAMATION AND REUSE 
DEMONSTRATION PROJECT ACT 
TITLE XXXIX—SIPHON REPAIR AND REPLACEMENT 
TITLE X^-NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS 
Sec. 4001. Short title. 
Sec. 4002. Policy. 
Sec. 4003. Review of threats to properties. 
Sec. 4004. State historic preservation programs. 
Sec. 4005. Certification of local governments. 
Sec. 4006. Tribal historic preservation programs. 
Sec. 4007. Matching grants. 
Sec. 4008. Education and training. 
Sec. 4009. Requirements for awarding of grants. 
Sec. 4010. Apportionment of grant funds. 
Sec. 4011. Extension of authorization for historic preservation fund. 
Sec. 4012. Federal agency historic preservation programs. 
Sec. 4013. Lease or exchange of Federal housing properties. 
Sec. 4014. Professional standards. 
Sec. 4015. Interstate and international traffic in antiquities. 
Sec. 4016. Membership of advisory council on historic preservation. 
Sec. 4017. Authorization of appropriations for advisory council on historic preserva-
tion. 
Sec. 4018. Advisory council regulations. 
Sec. 4019. Definitions. 
Sec. 4020. Access to information. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4605 
Sec. 4021. Recommendations. 
Sec. 4022. National center for preservation technology and training. 
Sec. 4023. Rec|uirement for specific authorization for projects under the Historic 
Sites, Buildings, and Antiquities Act. 
I 
TITLE I—BUFFALO BILL DAM AND RESERVOIR, 
WYOMING 
SEC. 101. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. 
Title I of Public Law 97-293 (96 Stat. 1261) is amended as 
follows: 
(a) In the second sentence of section 101, by striking "replacing 
the existing Shoshone Powerplant," and inserting "constructing 
power generating facilities with a total installed capacity of 25.5 
megawatts,". 
(b) In section 102, amend the heading to read "recreational 
facilities, conservation, and fish and wildlife", and add at the end 
"The construction of recreational facilities in excess of the amount 
required to replace or relocate existing facilities is authorized, and 
the costs of such construction shall be borne equally by the United 
States and the State of Wyoming pursuant to the Federal Water 
Project Recreation Act.". 
(c) In section 106(a), strike "for construction of the Buffalo 
Bill Dam and Reservoir modifications the sum of $106,700,000 
(October 1982 price levels)" and insert "for the Federal share of 
the construction of the Buffalo Bill Dam and Reservoir modifications 
and recreational facilities the sum of $80,000,000 (October 1988 
price levels)", and strike "modifications" and all that follows and 
insert "modifications." in lieu thereof. 
(d) There are authorized to be appropriated such sums as 
may be required due to increased costs of construction attributable 
to delays in enactment of any additional authorization of appropria-
tions for the construction of the Buffalo Bill Dam and Reservoir 
modifications and recreational facilities: Provided, That such addi-
tional sums shall be nonreimbursable and nonreturnable under 
the Federal reclamation laws. 
TITLE II—CENTRAL UTAH PROJECT CONSTRUCTION 
Central 
Utah Project 
SEC. 200. SHORT TITLE AND DEFINITIONS FOR TITLES II-VI. 
Completion Act. 
(a) SHORT TITLE.—Titles II through VI of this Act may be 
cited as the "Central Utah Project Completion Act". 
(b) DEFINITIONS.—For the purposes of titles II-VI of this Act: 
(1) The term "Bureau" means the Bureau of Reclamation 
of the Department of the Interior. 
(2) The term "Commission" means the Utah Reclamation 
Mitigation and Conservation Commission established by section 
301 of this Act. 
(3) The term "conservation measure(s)" means actions 
taken to improve the efficiency of the storage, conveyance, 
distribution, or use of water, exclusive of dams, reservoirs, 
or wells. 
(4) The term "1988 Definite Plan Report" means the May 
1988 Draft Supplement to the Definite Plan Report for the 
Bonneville Unit of the Central Utah Project. 
(5) The term "District" means the Central Utah Water 
Conservancy District. 
106 STAT. 4606 
PUBLIC LAW 102-575—OCT. 30, 1992 
(6) The term "fish and wildlife resources" means all birds, 
fishes, mammals, and all other classes of wild animals and 
all tjrpes of habitat upon which such fish and wildlife depend. 
(7) The term "Interagency Biological Assessment Team" 
means the team comprised of representatives from the United 
States Fish and Wildlife Service, the United States Forest 
Service, the Bureau of Reclamation, the Utah Division of Wild-
life Resources, and the District. 
(8) The term "administrative expenses", as used in section 
301(i) of this Act, means all expenses necessary for the Commis-
sion to administer its duties other than the cost of the contracts 
or other transactions provided for in section 301(fX3) for the 
implementation by public natural resource management agen-
cies of the mitigation and conservation projects and features 
authorized in this Act. Such administrative expenses include 
but are not Umited to the costs associated with the Commis-
sion's planning, reporting, and public involvement activities, 
as well as the salaries, travel expenses, office equipment, and 
other such general administrative expenses authorized in this 
Act. 
(9) The term "petitioner(s)" means any person or entity 
that petitions the District for an allotment of water pursuant 
to the Utah Water Conservcmcy Act, Utah Code Aim.. Sec. 
17A-2-1401 et. seq. 
(10) The term "project" means the Central Utah Project. 
(11) The term "public involvement" means to reouest com-
ment on the scope of and, subsequently, on drafts or proposed 
actions or plans, affirmatively soliciting comments, in writing 
or at public hearings, from those persons, agencies, or organiza-
tions who may be interested or affected. 
(12) The term "Secretary" means the Secretary of the 
Interior. 
(13) The term "section 8" means section 8 of the Act of 
April 11,1956 (70 Stat. 110; 43 U.S.C. 620g). 
(14) The term "State" means the State of Utah, its political 
subdivisions, or its designee. 
(15) The term "Stream Flow Agreement" means the agree-
ment entered into by the United States through the Secretary 
of the Interior, the State of Utah, and the Central Utah Water 
Conservancy District, dated February 27, 1980, as modified 
by the amendment to such agreement, dated September 13, 
1990. 
SEC. 201. A
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n order to provide 
^°^- 
for the completion of the Central Utah Project and otiier features 
described in this Act, the amoimt which section 12 of the Act 
of April 11, 1956 (70 Stat. 110; 43 U.S.C. 620k), authorizes to 
be appropriated, which was increased by the Act of August 10, 
1972 (86 Stat. 525; 43 U.S.C. 620k note) and the Act of 
October 31, 1988 (102 Stat. 2826), is hereby further increased 
by $924,206,000 (January 1991) plus or minus such amounts, if 
any, as may be requir^ by reason of changes in construction 
costs as indicated by engineering cost indexes applicable to the 
type of construction involved: Provided, however. That of the 
amounts authorized to be appropriated by this section, the Secretary 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4607 
is not authorized to obligate or expend amounts in excess of 
$214,352,000 for the features identified in the Report of the Senate 
Committee on Energy and Natural Resources accompanying the 
bill H.R. 429. This additional sum shall be available solely for 
desi^, engineering, and construction of the facilities identified 
in title II of this Act and for the planning and implementation 
of the fish and wildlife and recreation mitigation and conservation 
projects and studies authorized in titles III and IV of this Act, 
and for the Ute Indian Settlement authorized in title V of this 
Act. 
(2) APPLICATION OF INSPECTOR GENERAL RECOMMENDATIONS.— 
Notwithstanding any other provision of law to the contrary, the 
Secretary shall implement all the recommendations contained in 
the report entitled "Review of the Financial Management of the 
Colorado River Storage Project, Bureau of Reclamation (Report 
No. 88-45, February 1988)", prepared by the Inspector General 
of the Department of the Interior, with respect to the funds author-
ized to be appropriated in this section. 
(b) UTAH RECLAMATION PROJECTS AND FEATURES NOT TO B E 
FUNDED.—Notwithstanding the Act of April 11, 1956 (70 Stat. 110; 
43 U.S.C. 105), the Act of August 10, 1972 (86 Stat. 525; 43 
U.S.C. 620k note), the Act of October 19, 1980 (94 Stat. 2239; 
43 U.S.C. 620), and the Act of October 31, 1988 (102 Stat. 2826), 
funds may not be made available, obligated, or expended for the 
following Utah reclamation projects and features: 
(1) Fish and wildlife features: 
(A) The dam in Bjorkman Hollow. 
(B) The Deep Creek pumping plant. 
(C) The North Fork pumping plant. 
(2) Water development projects and features: 
(A) Mosida pumping plant, canals, and laterals. 
(B) Draining of Benjamin Slough. 
(C) Diking of Groshen or Prove Bays in Utah Lake. 
(D) Ute Indian Unit. 
(E) Leland Bench development. 
(F) All features of the Bonneville Unit, Central Utah 
Project not proposed and described in the 1988 Definite 
Plan Report. 
Counties in which the projects and features described in this sub-
section were proposed to be located may participate in the local 
development projects provided for in section 206. 
(c) TERMINATION OF AUTHORIZATION OF APPROPRIATIONS.—Not- 43 use 620k 
withstanding any provision of the Act of April 11, 1956 (70 Stat. "°*® 
110; 43 U.S.C. 620k), the Act of September 2, 1964 (78 Stat. 
852), the Act of September 30, 1968 (82 Stat. 885), the Act of 
August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), and the 
Act of October 31, 1988 (102 Stat. 2826) to the contrary, the 
authorization of appropriations for construction of any Colorado 
River Storage Project participating project located in the State 
of Utah sh^l terminate five years after the date of enactment 
of this Act unless: (1) the Secretary executes a cost-sharing agree-
ment with the District for construction of such project, and (2) 
the Secretary has requested, or the Congress has appropriated, 
construction funds for such project. 
(d) USE OF APPROPRIATED FUNDS.—Funds authorized pursuant 
to this Act shall be appropriated to the Secretary and such appro-
priations shall be made immediately available in their entirety 
106 STAT. 4608 
PUBLIC LAW 102-575—OCT. 30, 1992 
to the District and the Commission as provided for piirsuant to 
the provisions of this Act. 
(e) SECRETARIAL RESPONSIBILITY.—The Secretary is responsible 
for carrying out the responsibilities as specifically identified in 
this Act and ma^ not delegate his responsibilities under this Act 
to the Bureau oi Reclamation. The District at its sole option may 
use the services of the Bureau of Reclamation on any project 
features. 
SEC. 202. BONNEVILLE UNIT WATER DEVELOPMENT. 
(a) Of the amounts authorized to be appropriated in section 
201, the following amounts shall be available only for the following 
features of the Bonneville Unit of the Central Utah Project: 
(1) IRRIGATION AND DRAINAGE SYSTEM.—(A) $150,000,000 
for the construction of an enclosed pipeline primary water 
conveyance system from Spanish Fork Canyon to Sevier Bridge 
Reservoir for the piupose of supplving new and supplemental 
irrigation water supplies to Utah, Juab, Millard, Sanpete, 
Sevier, Garfield, and Piute Counties. Construction of the facili-
ties specified in the previous sentence shall be imdertaken 
by the District as specified in subparagraph (D) of this para-
graph. No funds are authorized to be appropriated for construc-
tion of the facilities identified in this paragraph, except as 
provided for in subparagraph (D) of this paragraph. 
(B) The authorization to construct the features provided 
for in subparagraph (A) shall expire if no federally appropriated 
funds to construct such features have been obligated or 
expended by the District in accordance with this Act, unless 
the Secretary determines the District has complied with sec-
tions 202, 204, and 205, within five years from the date of 
its enactment, or such longer time as necessitated for— 
(i) completion, after the exercise of due diligence, of 
compliance measures outlined in a biological opinion issued 
pursuant to the Endangered Species Act (16 U.S.C. 1533 
et seq.) for any species that is or may be listed as threat-
ened or endangered under such Act: Provided, however, 
That such extension of time for the expiration of authoriza-
tion shall not exceed twelve months beyond the five-year 
period provided in subparagraph (B) of this paragraph; 
(ii) judicial review of a completed final environmental 
impact statement for such features if such review is initi-
ated by parties other than the District, the State, or 
petitioners of project water; or 
(iii) a juoicial challenge of the Secretary's failure to 
make a determination of compliance imder this subpara-
graph. 
Provided, however, That in the event that construction is not initi-
ated on the features provided for in subparagraph (A), $125,000,000 
shall remain authorized pursuant to the provisions of this Act 
applicable to subparagraph (A) for the construction of alternate 
features to deliver irrigation water to lands in the Utah Lake 
drainage basin, exclusive of the features identified in section 201(b). 
(C) 
REQUIREMENT FOR BINDING CONTRACTS.—Amounts 
authorized to carry out subparagraph (A) may not be obligated 
or expended, and may not oe borrowed against, until binding 
contracts for the purchase for the purpose of agricultural irriga-
tion of at least 90 percent of the irrigation water to be delivered 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4609 
from the features of the Central Utah Project described in 
subparagraph (A) have been executed. 
(D) In lieu of construction b^ the Secretary, the Central 
Utah Project and features spedned in section 202(aXl) shall 
be constructed by the District under the program guidelines 
authorized by Drainage Facilities and A^nor Construction 
Act (Act of June 13, 1956, 70 Stat. 274, 43 U.S.C. 605). 
The sixty-day congressional notification of the Secretar/s intent 
to use the Drainage Facilities and Minor Construction Act 
program is hereby waived with respect to construction of the 
features authorized in section 202(aXl). Any such feature shall 
be operated, maintained, and repaired by the District in accord-
ance with repajrment contracts and operation and maintenance 
agreements previously entered into between the Secretary and 
the District. The United States shall not be liable for damages 
resulting from the design, construction, operation, maintenance, 
and replacement by ti^e District of the features specified in 
section 202(aXl). 
(2) CONJUNCTIVE USE OF SURFACE AND GROUND WATER.— 
$10,0()0,000 for a feasibility study and development, Mdth public 
involvement, by the Utah Division of Water Resources of sys-
tems to allow ground water recharge, management, and tiie 
coi\junctive use of surface water resources with ground water 
resources in Salt Lake, Utah, Davis, Wasatch, and Weber Coun-
ties, Utah. 
(3) WASATCH COUNTY WATER EFFICIENCY PROJECT.—(A) 
$500,()00 for the District to conduct, within two years from 
the date of enactment of this Act, a feasibility study with 
public involvement, of efficiency improvements in the manage-
ment, deliveiy and treatment of water in Wasatch County, 
without interference with downstream water rights. Such fea-
sibility study shall be developed after consultation with 
Wasatch County and the Commission, or the Utah State Divi-
sion of Wildlife Resources if the Commission has not been 
established, and shall identify the features of the Wasatch 
County Water Efficiency Project. 
(B) $10,000,000 for construction of the Wasatch County 
Water Efficiency Project, in addition to funds authorized in 
section 207(eX2) for related purposes. 
(C) The feasibility study and the Project construction 
authorization shall be subject to the non-Federal contribution 
requirements of section 204. 
(D) The project construction authorization provided in 
subparagraph (B) shall expire if no federally appropriated funds 
to construct such features have been obligated or expended 
by the District in accordance with this Act within five years 
from the date of completion of feasibility studies, or such longer 
times as necessitated for— 
(i) completion, after the exercise of due diligence, of 
compliance measures outlined in a biological opinion issued 
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) for any species that is or may be listed 
as threatened or endangered under such Act, except that 
such extension of time for the expiration of authorization 
shall not exceed twelve months beyond the five-year period 
provided in this subparagraph; or 
106 STAT. 4610 
PUBLIC LAW 102-575—OCT. 30, 1992 
(ii) iudicial review of environmental studies prepared 
in compliance wiUi the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if such review was initiated 
by parties other than the District, the State, or petitioners 
of project water. 
(E) Amounts authorized to carry out subparagraph (B) 
m
a
^
r not be obligated or expended, and may not be borrowed 
against, until bmding contracts for the purchase of at least 
90 percent of the supplemental irrigation project water to be 
delivered from the natures constructed under subparagraph 
(B) have been executed. 
(F) In Ueu of construction by the Secretary, the Central 
Utah Project and features specified in section 202(aX3) shall 
be constructed by the District under the program guidelines 
authorized by the Drainage Facilities and Minor Construction 
Act (Act of June 13, 1956, 70 Stat. 274; 43 U.S.C. 505). The 
sixty-day congressional notification of the Secretary's intent 
to use the Drainage Facilities and Minor Construction Act 
program is hereby waived with respect to construction of the 
features authorized in section 202(aX3). Any such feature mav 
be operated, maintained, and repaired by the District in accord-
ance with repayment contracts and operation and maintenance 
agreements previously entered into between the Secretary and 
the District. The United States shall not be liable for damages 
resulting 
fi:t>m 
the design, construction, operation, maintenance, 
and replacement by the District of the features specified in 
section 202(aX3). 
(4) UTAH LAKE SAUNITY CONTROL.—$1,000,000 for the Dis-
trict to conduct, with public involvement, a feasibility study 
to reduce the salinity of Utah Lake. 
(5) PROVO RIVER STUDIES.—<A) $2,000,000 for the District 
to conduct, with public involvement: 
(i) a Iwdrologic study that includes a h^drologic model 
analysis of the Provo River Bfisin with all tributaries, water 
imports and exports, and diversions, an analysis of expected 
flows and storage imder varying water conditions, and 
a comparison of steady State conditions with proposed 
demands being placed on the river and affected water 
resources, inciuoing historical diversions, decrees, and 
water rights, and 
(ii) a feasibility studv of direct delivery of Colorado 
River Basin water 
firom 
uie Strawberry Reservoir or else-
where in the Strawberry Collection System to the Provo 
River Basin, including the Wallsburg Tunnel and other 
possible importation or exchange options. The studies shall 
also evaluate the potential for changes in existing importa-
tion patterns and quantities of water from the Weber and 
Duchesne River Basins, and shall describe the economic 
and environmental consequences of each alternative identi-
fied. In addition to funds appropriated after the enactment 
of this Act, the Secretary is authorized to utilize section 
8 funds which may be available from fiscal year 1993 
appropriations for the Central Utah Project for the pur-
poses of canying out the studies described in this para-
graph. 
(B) The cost of the studies provided for in subparagraph 
(A) shall be treated as an expense under section 8: Provided, 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4611 
however. That the cost of such study shall be reallocated propor-
tionate with project purposes in the event any conv^ance 
alternative is subsequently authorized and constructed. Within 
its available funds, the United States Geological Survey is 
directed to consult with the District in the preparation of the 
study identified in paragraph (5XAXi). 
(6) COMPLETION OF DIAMOND FORK SYSTEM.—(A) Of 
the 
amoimts authorized to be appropriated under section 201, 
$69,000,000 shall be avcdlable to complete construction of the 
Diamond Fork System. 
(B) In lieu of construction by the Secretary, the facilities 
specified in paragraph (A) shall be constructed by the District 
imder the program guidelines authorized by Drainage Facilities 
and Minor Construction Act (Act of Jime 13, 1956, 70 Stat. 
274, 43 U.S.C. 505). The sixty-dav congressional notification 
of the Secretary's intent to use the Drainage Facilities and 
Minor Construction Act program is hereby waived with respect 
to construction of tiie features authorized in section 202(aX6). 
Any such feature may be operated, maintained, and repaired 
by the District in accordance with repayment contractis and 
operation and maintenance agreements previously entered into 
between the Secretary and the District. The United States 
shall not be liable for damages resulting firom the design, 
construction, operation, maintenance, and replacement by the 
District of the features specified in subparagraph (A) of this 
paragraph. 
(b) STRAWBERRY WATER USERS ASSOCIATION.—(1) In exchange 
for, and as a precondition to approval of the Strawberry Water 
Users Association's petition for Bonneville Unit water, the Sec-
retary, after consultation with the Secretary of Agriculture, shall 
impose conditions on such approval so as to ensure that the Straw-
berry Water Users Association shall manage and devel(^ the lands 
referred to in subparagraph 4(eXlXA) of the Act of October 31, 
1988 (102 Stat. 2826, 2828) in a manner compatible with the 
management and improvement of adjacent Federal lands for wildlife 
purposes, natural values, and recreation. 
(2) The Secretory of Agriculture and the Secretory shall not 
permit commercial or other development of Federal lands within 
sections 2 and 13, T. 3 S., R. 12 W., and sections 7 and 8, T. 
3 S., R. 11 W., Uintoh Special Meridian. Such Federal lands shall 
be rehabiUtoted pursuant to subsection 4(f) of the Act of October 
31, 1988 (102 Stot. 2826, 2828) and hereafter managed and 
improved for wildlife purposes, natural values, and recreation 
consistent with the Uinto National Forest Land and Natural 
Resource Management Plan. This restriction shall not apply to 
the 95 acres referred to in the first sentence of subparagraph 
4(eXlXA) of the Act of October 31, 1988 (102 Stot. 2826, 2828), 
valid existing righto, or to uses of such Federal lands by the Sec-
retary of 
Agriculture or the Secretary for public purposes. 
(c) The Secretory is authorized to utilize any unexpended 
budget authority provided in title II and such funds as may be 
provided by the Commission for fish and wildlife purposes, to pro-
vide 65 percent Federal share pursusint to section 204, of engineer-
ing, design, and construction of Hatehtown d£un in Garfield Coimty 
and associated facilities to deliver supplemental project water from 
Hatehtown dam. The District shall estoblish a viable minimum 
conservation pool in Hatehtown dam and shall ensure maintenance 
106 STAT. 4612 
PUBLIC LAW 102-575—OCT. 30, 1992 
of viable instream flows in the Sevier River between Hatchtown 
dam and the Piute dam with the concurrence of the Commission 
and in consultation with the Division of Wildlife Resources of the 
State of Utah. Tlie District shall comply with the provisions of 
section 202(aXl) with respect to the features to be provided for 
in this subsection. 
SEC. 203. UINTA BASIN REPLACEMENT PROJECT. 
(a) IN GENERAL.—Of the amounts authorized to be appropriated 
by section 201, $30,538,000 shall be available only to increase 
efficiency, enhance beneficial uses, and achieve greater water con-
servation within the Uinta Basin, as follows: 
(1) $13,582,000 for the construction of the Pigeon Water 
Reservoir, together with an enclosed pipeline conveyance sys-
tem to divert water from Lake Fork River to Pigeon Water 
Reservoir and Sandwash Reservoir. 
(2) $2,987,000 for the construction of McGuire Draw Res-
ervoir. 
(3) $7,669,000 for the construction of Cl^ Basin Reservoir. 
(4) $4,000,000 for the rehabilitation of Famsworth Canal. 
(5) $2,300,000 for the construction of permanent diversion 
facilities identified by the Commission on the Duchesne and 
Strawberry Rivers, me designs of which shall be approved 
by the Federal and State fish and wildlife agencies. The amount 
identified in paragraph (5) shall be treated as an expense 
under section 8. 
(b) EXPIRATION OF AUTHORIZATION.—The authorization to con-
struct any of the features provided for in paragraphs (1) through 
(5) of subsection (a)— 
(1) shall expire if no federally appropriated funds for such 
features have been obligated or expended by the District in 
accordance with this Act within five years from the date of 
completion of feasibility studies, or such longer time as neces-
sitated for— 
(A) completion, after the exercise of due diligence, of 
compliance measures outlined in a biological opinion issued 
pursuant to the Endangered Species Act (16 U.S.C. 1533 
et seq.) for any species that is or may be listed as threat-
ened or endangered under such Act: Provided, however. 
That such extension of time for the expiration of authoriza-
tion shall not exceed 12 months beyond the five-year period 
provided in this paragraph; or 
(B) judicial review of environmental studies prepared 
in compUance with the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if such review was initiated 
by parties other than the District, the State, or petitioners 
of project water; and 
(2) shall expire if the Secretary determines that such fea-
ture is not feasible. 
(c) REQUIREMENT FOR BINDING CoNTRACTS.^Amounts author-
ized to carry out subsection (a), paragraphs (1) through (4) may 
not be obligated or expended, and may not be borrowed against, 
until binding contracts for the purchase of at least 90 percent 
of the supplemental irrigation water to be delivered from tne fea-
tures of the Central Utan Project described in subsection (a), para-
graphs (1) through (4) have been executed. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4613 
(d) NON-FEDERAL OPTION.—In lieu of construction by the Sec-
retary, the features described in subsection (a), paragraphs (1) 
through (5) shall be constructed by the District under the program 
guideUnes authorized by the Drainage FaciUties and Minor 
Construction Act (Act of June 13, 1956, 70 Stat. 274, 43 U.S.C. 
505). The sixty-d^ congressional notification of the Secretar/s 
intent to use the Drainage Facilities and Minor Construction Act 
program is hereby waived with respect to construction of the fea-
tures authorized in section 203(a). Any such feature may be oper-
ated, maintained, and repaired by the District in accordance with 
repajnnent contracts and operation and maintenance agreements 
previously entered into between the Secretary and the District. 
The United States shall not be liable for damages resulting from 
the design, construction, operation, maintenance, and replacement 
by the District of the features specified in subsection (a) of this 
section. 
(e) WATER RIGHTS.—^To make water rights available for any 
of the features constructed as authorized in this section, the Bureau 
shall convey to the District in accordance with State law the water 
rights evidenced by Water Right No. 43-3825 (Application No. 
A36642) and Water Right No. 43-3827 (Application No. A36644). 
(f) UINTAH INDIAN IRRIGATION PROJECT.—(1) Notwithstanding Contracts. 
any other provision of law, the Secretary is authorized and directed 
to enter into a contract or cooperative agreement with, or make 
a grant to the Uintah Indian Irrigation Project Operation and 
Maintenance Company, or any other organization representing the 
water users within the Uintah Indian Irrigation Project area, to 
enable such organization to— 
(A) administer the Uintah Indian Irrigation Project, or 
part thereof, and 
(B) operate, maintain, rehabilitate, and construct all or 
some of the irrigation project facilities using the same adminis-
trative authority and management procedures as used by water 
user organizations formed under State laws who administer, 
operate, and maintain irrigation projects. 
(2) Title to Uintah Indian Irrigation Project rights-of-way and 
facilities shall remain in the United States. The Secretary shall 
retain any trust responsibilities to the Uintah Indian Irrigation 
Rroject. 
(3) Notwithstanding any other provision of law, the Secretary 
shall use funds received from assessments, carriage agreements, 
leases, and all other additional sources related to the Uintcdi Indian 
Irrigation Project exclusively for Uint£ih Indian Irrigation Project 
administration, 
operation, 
maintenance, 
rehabilitation, 
and 
construction where appropriate. Upon receipt, the Secretary shall 
deposit such funds in an account in the Treasury of the United 
States. Amounts in the account not currently needed shall earn 
interest at the rate determined by the Secretary of the Treasury, 
taking into consideration ciirrent market yields on outstanding 
obligations of the United States with remsdning periods to maturity 
comparable to the period for which such fimds are not currently 
needed. Amounts in the accoimt shall be available without further 
authorization or appropriation by Congress. Such amoimts shall 
be treated as private funds to be held in trust for landowners 
of the irrigation project and shall not be treated as public or 
appropriated funds. 
106 STAT. 4614 
PUBLIC LAW 102-575—OCT. 30, 1992 
(4) All noncontract costs, direct and indirect, required to admin-
ister the Uintah Indian Irrigation Project shall be nonreimbursable 
and paid for by the Secretcury as part of his trust responsibilities, 
beginning on we date of enactment of this Act. Such costs shall 
Indiude U)ut not be limits to) the noncontract cost positions of 
project manager or engineer and two support staff. Such costs 
shall be add^ to the mnding of the Uintah and Ouray Agency 
of the Bureau of Indian Affairs as a line item. 
(5) The Secretary is authorized to sell, lease, or otherwise 
make available the use of irrigation project equipment to a water 
user organization which is under obligation to the Secretary to 
administer, operate, and maintain the Uintah Indian Irrigation 
Project or part thereof. 
(6) The Secretary is authorized to lease or otherwise make 
available the use of irrigation project facilities to a water user 
organization which is under obligation to the Secretary to admin-
ister, operate, and maintain the Uintah Indian Irrigation Project 
or part thereof. 
(g) BRUSH CREEK AND JENSEN UNIT.—(1) The Secretary is 
authorized to enter into Amendatory Contract Number 6-05-01-
00143, as last revised on September 19, 1988, between the United 
States and the Uintah Water Conservancy District, which provides, 
among other things, for part of the municipal and industrial water 
obligation now the responsibility of the Uintah Water Conservancy 
District to be retained by the United States vdth a corresponding 
part of the water supply to be controlled and marketed by the 
United States. Such water shall be marketed and used in conform-
ance with State law. 
(2) The Secretarv, through the Bureau, shall— 
(A) establish a conservation pool of 4,000 acre-feet in Red 
Fleet Reservoir for the purpose of enhancing associated fishery 
and recreational opportumties and for such other purposes 
as mav be recommended by the Commission in consultation 
with the Utah Division of Wildlife Resources, United States 
Fish and Wildlife Service, and the Utah Division of Parks 
and Recreation; and 
Contracts. 
(B) enter into an agreement with the Utah Division of 
Parks and Recreation for the management and operation of 
Red Fleet recreational facilities. 
SEC. 904. NON-FEDERAL CONTRIBirnON. 
The non-Federal share of the cost for the design, engineering, 
and construction of the Central Utah Project features authorized 
by sections 202 and 203 shall be 35 percent of the total reimbursable 
costs and shall be paid concurrently with the Federal share, except 
that for the facilities specified in 202(aX6), Hie cost-share shall 
be 35 percent of the costs allocated to irrigation beyond the ability 
of irrigators to repay. The non-Federal share of the cost for studies 
required by sections 202 and 203, other than the studjr required 
by section 202(aX5), shall be 50 percent and shall be paid concur-
rently with the Federal share. Within one hundred and twenty 
days of enactment of this Act, the Secretary shall execute a cost 
sharing agreement which binds the District to provide annually 
such sums as may be required to satisfy the non-Federal share 
of the separate features authorized and approved for construction 
pursuant to this Act. The Secretary is not authorized to broaden 
the scope of the cost sharing agreement beyond assuring tiiat the 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4615 
non-Federal interests will satisfy the cost sharing provisions as 
set forth in this section. Any feature to which this section applies 
shall not be initiated until after the non-Federal interests enter 
into a cost sharing agreement with the Secretary to provide the 
share required by this section. The District may commence any 
study autnorized herein prior to entering into a cost sharing agree-
ment, and upon execution of a cost sharing agreement the Secretary 
shall reimburse the District an amount equal to the Federal share 
of the fonds expended by the District. 
SEC. 205. DEFINITE PLAN REPORT AND ENVIRONMENTAL COMPU-
ANCE. 
(a) DEFINITE PLAN REPORT AND FEASIBILITY STUDIES.—Except 
for amounts required for compliance with applicable environmental 
laws €uid the purposes of this subsection, federally appropriated 
funds may not be obligated or expended by the District for construc-
tion of the features authorized m section 202(aXl) or 203 until— 
(1) the District completes— 
(A) a Definite Plan Report for the system authorized 
in section 202(aXl)> or 
(B) an analysis to determine the feasibility of the sepa-
rate features described in section 203(a), paragraphs (1) 
through (4), or subsection (f); 
(2) the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et sea.) have been satisfied with 
respect to the particular system; ana 
(3) a plan has been developed with and approved by the 
United States Fish and Wildlife Service to prevent any harmfvd 
contamination of waters due to concentrations of selenium or 
other such toxicants, if the Service determines that development 
of the particular system may result in such contamination. 
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS AND THE TERMS Contracts. 
OF THIS ACT.—^Notwithstanding any other provision of this Act, 
Federal funds authorized under this title may not be provided 
to the District until the District enters into a binding agreement 
with the Secretanr to be considered a "Federal Agency" for purposes 
of compliance with all Federal fish, wildlife, recreation, and environ-
mental laws with respect to the use of such funds, and to comply 
with this Act. The Secretary shall execute such binding agreement 
within one hundred and twenty days of enactment of this Act. 
(c) INITIATION OF REPAYMENT.—For purposes of repa3rment of 
costs obligated and expended prior to the date of enactment of 
this Act, the Definite Plan Report shall be considered as being 
filed and approved by the Secretary, and repayment of such costs 
shall be initiated by the Secretary of Enerpr at the earliest possible 
date. All the costs allocated to irrigation and associated with 
construction of the Strawberry Collection System, a component 
of the Bonneville Unit, obligated prior to the date of enactment 
of this Act shall be included by the Secretary of Energy in the 
costs specified in this subsection. 
(d) Of the amounts authorized in section 201, the Secretary 
is directed to make sums available to the District as required 
by the District, for the completion of the plans, studies, and analyses 
required by this section pursuant to uie cost sharing provisions 
of section 204. 
(e) CONTENT AND APPROVAL OF THE DEFINITE PLAN REPORT.— 
The Definite Plan Report required under this section shall include 
106 STAT. 4616 
PUBLIC LAW 102-575—OCT. 30, 1992 
economic analyses consistent with the Economic and Environmental 
IMnciples and Guidelines for Water and Related Land Resources 
Implementation Studies (March 10, 1983). The Secretary may with-
hold approval of the Definite Plan Report only on the basis of 
1 
the inadecjuacy of the document, and specifically not on the basis 
of the findings of its economic analyses. 
SEC. 206. LOCAL DEVELOPMENT IN LIEU OF IRRIGATION AND DRAIN-
AGE. 
(a) OPTIONAL REBATE TO COUNTIES.—<1) After two years from 
the date of enactment of this Act, the District shall, at the option 
of an eligible coimty as provided in paragraph (2), rebate to such 
coiinty £Ui of the ad valorem tax contributions paid by such county 
to the District, with interest but less the value of any benefits 
received by such coimty and less the administrative expenses 
incurred by the District to that date. 
(2) Counties eligible to receive the rebate provided for in para-
graph (1) include any coimty within the District, except for Salt 
Lake Comity and Utah County, in which the construction of Central 
Utah Project water storage or delivery features authorized in this 
Act has not commenced and— 
(A) in which there are no binding contracts as required 
under section 202(IXC); or 
(B) in which the authorization for the project or feature 
was repealed pursuant to section 201(b) or expired pursuant 
to section 202( IXB) of this Act. 
Grants. 
(b) LoCAL DEVELOPMENT OPTION.—(1) Up|0n the request of any 
eligible county that elects not to participate in the project as pro-
vided in subsection (a), the Secretary shall provide as a grant 
to such county an amount that, when matched with the rebate 
received by such county, shall constitute 65 percent of the cost 
of implementation of measures identified in paragraph (2). 
(2XA) The grant provided for in this subsection shall be avail-
able for the following purposes: 
(i) Potable water distribution and treatment, 
(ii) Wastewater collection and treatment, 
(iii) Agricultural water management, 
(iv) Other public infrastructure improvements as may be 
approved by the Secretary. 
(B) Funds made available under this subsection may not be 
used for— 
(i) draining of wetlands; 
(ii) dredging of natural water courses; and 
(iii) planmng or constructing water impoundments of 
g'eater than five thousand acre-feet, except for the proposed 
atch Town Dam on the Sevier River in southern Garfield 
County, Utah. 
(C) All Federal environmental laws shall be applicable to any 
projects or features developed pursuant to this section. 
(3) Of the amounts authorized to be appropriated by section 
201, not more than $40,000,000 may be available for the purposes 
of this subsection. 
SEC. 207. WATER MANAGEBIENT niFROVEMENT. 
(a) PURPOSES.—^The purposes of this section are, through such 
means as are cost-effective and environmentally sound, to— 
(1) encourage the conservation and wise use of water; 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4617 
(2) reduce the probability and duration of periods neces-
sitating extraordinary curtailment of water use; 
(3) achieve beneficial reductions in water use and system 
costs; 
(4) prevent or eliminate unnecessary depletion of waters 
in order to assist in the improvement and maintenance of 
water quantity, quality, and streamflow conditions necessary 
to augment water supplies and support fish, wildlife, recreation, 
and other public benefits; 
(5) make prudent and efficient use of currently available 
water prior to any importation of Bear River water into Salt 
Lake Cfounty, Utan; and 
(6) provide a systematic api>roach to the accomplishment 
of these purposes and an objective basis for measuring their 
achievement. 
(b) WATER MANAGEMENT IMPROVEMENT PLAN.—The District, 
after consultetion with the Stete and with each petitioner of project 
water, shall prepare and maintein a water management improve-
ment plan. The first plan shall be submitted to the Secretory 
by January 1, 1995. Every three years thereafter the District shall 
prepare and submit a supplement to this plan. The Secretory shall 
either approve or disapprove such plan or supplement thereto within 
six months of its submission. 
(1) ELEMENTS.—^The plan shall include the following ele-
ments: 
(A) A wator conservation goal, consisting of the greater 
of the following two amounts for each petitioner of project 
water: 
(i) 25 percent of each petitioner's projected increase 
in annual water deliveries between the years 1990 
and 2000, or such later ten-year period as the District 
may find useful for planning purposes; or 
(ii) the amount by which unaccounted for water 
or, in the case of irrigation entities, transport losses, 
exceeds 10 percent of recorded annual water deliveries. 
The minimum goal for the District shall be thirty thousand 
acre-feet per year. In the event that the pipeline conveyance 
system described in section 202(aXlXA) is not constructed 
due to expiration of the authorization pursuant to section 
202(aXlXB), the minimum goal for the District shall be 
reduced by five thousand acre-feet per year. In the event 
that the Wasateh County Water Efncienpy Project author-
ized in section 202(aX3XB) is not constructed due to expira-
tion of the authorization pursuant to section 202(aX3XD), 
the minimum goal for the District shall be reduced by 
five thousand a<;re-feet per year. In the event the water 
supply which would have been supplied by the pipeline 
conveyance svstem described in section 202(aXlXA) is made 
available and delivered to municipal and industrial or agri-
cultural petitioners in Salt Lake, Utah or Juab counties 
subsequent to the expiration of the authorization pursuant 
to section 202(aXlXB), the minimum goal for the District 
shall increase five thousand acre-feet per year. In no event 
shall the minimum goal for the District be less than twenty 
thousand acre-feet per year. 
(B) A water management improvement inventory, 
containing— 
106 STAT. 4618 
PUBLIC LAW 102-575—(XT. 30^1992 
(i) conservation measures to improve the efficiency 
of the storage, conveyance, distribution, and use of 
water in a manner that contributes to the accomplish-
ment of Uie purposes of this section, exclusive of any 
measures promulgated pursuant to subsection (fX2) 
(A) through (D); 
(ii) the estimated economic and financial costs of 
each such measure; 
(iii) the estimated water yield of each such meas-
ure; and 
(iv) the socioeconomic and environmental effects 
of each such measure. 
(C) A comparative analysis of each cost-effective and 
environmentally acceptable measure. 
(D) A schedule of implementation for the following 
five years. 
(E) An assessment of the performance of previously 
implemented conservation measures, if any. Eadi plan or 
plan supplement shall be technically sound, internally 
consistent and supported by objective analysis. 
Not less than ninety days prior to its transmittal to the Sec-
retary, the plan, or plan supplement, together with all support-
ing documentation demonstrating compliance with this section, 
shall be made available by the District for public review, hear-
ing, and comment. All significant comments, and the District's 
response thereto, shall accompany the plan transmitted to the 
Secretary. 
(2) EVALUATION OF CONSERVATION MEASURES.— 
(A) Any conservation measure proposed to the District 
by the Executive Director of the Utah Department of Natu-
ral Resources shall be added to the water management 
improvement inventory and evaluated by the District. Any 
conservation measure, up to a cumulative five in number 
within any three-year period, submitted by nonprofit 
sportsmen or environmental organizations shall be added 
to the water management improvement inventory and 
evaluated by the District. 
(B) Each conservation measure that is found to be 
cost-effective, without significant adverse impact to the 
financial integrity of the District or a petitioner of project 
water, environmentally acceptable and for which the 
requirements of the Nationsu Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) have been satisfied, and 
in the public interest shall be deemed to constitute the 
"active inventory". For purposes of this section, the deter-
mination of benefits shall tcuce into account: 
(i) the value of saved water, to be determined, 
in the case of municipal water, on the basis of the 
project municipal and industrial repayment obligation 
of the District, but in no case less than $2()0 per 
acre-foot, and, in the case of irrigation water, on the 
basis of operatipn, maintenance, and replacement costs 
' 
plus the "full cost" rate for irrigation computed in 
accordance with section 302(3) of the Reclamation 
Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390bb), 
but in no case less than $50 per acre-foot; 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4619 
(ii) the reduced cost of wastewater treatment, if 
any; 
(iii) net additional hydroelectric power generation, 
if any, valued at avoided cost; 
(iv) net savings in operation, maintenance, and 
replacement costs; and 
(v) net savings in on-farm costs. 
(3) IMPLEMENTATION.—^The District, and each petitioner 
of project water, as appropriate, shall implement and maintain, 
consistent with State law, conservation measures placed in 
the active inventory to the maximum practical extent necessary 
to achieve 50 percent of the water conservation goal within 
seven years after submission of the initial plan and 100 percent 
of the water conservation goal within fifteen years after submis-
sion of the initial plan. Priority shall be given to implementetion 
of the most cost-effective measures that are— 
(A) found to reduce consimiptive use of water without 
significant adverse impact to the financial integrity of the 
District or the petitioner of project water; 
(B) environmentelly accepteble and for which the 
requirements of the National Environmentel Policy Act 
of 1969 (42 U.S.C. 4321 et se(](.) has been satisfied; and 
(C) foimd to be in the public mterest. 
(4) USE OF SAVED WATER.—^All water saved by any conserva-
tion measure implemented by the District or a petitioner of 
project water unaer subsection (bX3) may be retained by the 
District or the petitioner of project water which saved such 
water for its own use or disposition. The specific amounts 
of water saved by any conservation measure implemented under 
subsection (bX3) shall be based upon the determination of yield 
under paragraph (bXlXBXiii), and as may be confirmed or 
modified by assessment pursuant to paragraph (bXlXE^)- Each 
petitioner of project water may make available to the District 
water in an amount equivalent to the water saved, which 
the District may make available to the Secretory for instream 
flows in addition to the stream flow reauirements estoblished 
by section 303. Such instream flows shall be released from 
project facilities, subject to space available in project conveyance 
systems, to at least one watercourse in the Bonneville and 
Uinta River Basins, respectively, to be designated by the United 
Stotes Fish and Wildlife Service as recommended by the 
Interagency Biological Assessment Team. Such flows shall be 
protected against appropriation in the same manner as the 
minimimi streamflow requirements established by section 303. 
The Secretary shall reduce the annual contractual repayment 
obligation of the District equal to the project rate for delivered 
water, including operation and maintenance expenses, for water 
saved for instream flows pursuant to this subsection. The Dis-
trict shall credit or rebate to each petitioner of project water 
its proportionate share of the District's repa3nnent savings for 
reductions in deliveries of project water as a result of this 
subsection. 
(5) STATUS REPORT ON THE PLANNING PROCESS.—Prior to 
January 1, 1994, the District shall estoblish a continuous proc-
ess for the identification, evaluation, and implementetion of 
water conservation measures to achieve the purposes of this 
section, and submit a report thereon to the Secretary. The 
106 STAT. 4620 
PUBLIC LAW 102-575—OCT. 30, 1992 
Public 
information. 
report shall include a description of this process, including 
its financial resources, technical support, public involvement, 
and identification of staff responsible for its development and 
implementation. 
(c) W
A
T
E
R CONSERVATION PRICING STUDY.— 
(1) Within three years 
firom 
Uie date of enactment of this 
Act, the District, after considtation with the State and each 
petitioner of project water, shall prepare and transmit to the 
Secretary a study of wholesale and retail pricing to encourage 
water conservation as described in this subsection, together 
with its conclusions and recommendations. 
(2) The purposes of this study are— 
(A) to design and evaluate potential rate designs and 
pricing policies for water supply and wastewater treatment 
within tine District boundary; 
(B) to estimate demand elasticity for each of the prin-
cipal categories of end use of water within the District 
boundary; 
(C) to quantify monthly water savings estimated to 
result 
fi'om 
tne various designs and policies to be evaluated; 
and 
(D) to identify a water pricing system that reflects 
the incremental scarcity value of water and rewards effec-
tive water conservation programs. 
(3) Pricing policies to be evaluated in the study shall 
include but not be limited to the following, alone and m com-
bination: 
(A) recovery of all costs, including a reasonable return 
on investment, through water and wastewater service 
charges; 
(B) seasonal rate differentials; 
(C) drought year surcharges; 
(D) increasing block rate schedules; 
(E) marginal cost pricing; 
(F) rates accoimting for differences in costs based upon 
point of delivery; and 
(G) rates based on the effect of phasing out the collec-
tion of ad valorem property taxes by the District and the 
petitioners of project water over a five-year and ten-year 
period. 
The District may incorporate policies developed by the study 
in the Water Management Improvement Plan prepared under 
subsection (b). 
(4) Not less than ninety days prior to its transmittal to 
the Secretcury, the study, together with the District's prelimi-
nary conclusions and recommendations and all supporting docu-
mentation, shall be available for public review and comment, 
including public hearings. All si^uficant comments, and the 
District's response thereto, shall accompany the study transmit-
ted to the Secretary. 
(5) Nothing in this subsection shall be deemed to authorize 
the Secretiury, or grant new authoritv to the District or petition-
ers of project water, to require the implementation of any 
policies or recommendations contained in the study. 
(d) STUDY OF COORDINATED OPERATIONS.— 
(1) Within three years from the date of enactment of this 
Act, the District, afi^er consultation ¥dth the State and each 
information. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4621 
petitioner of project water, shall prepare and transmit to the 
Secretary a study of the coordinated operation of independent 
municipal and industrial and irrigation water systems, together 
with its conclusions and recommendations. The District shall 
evaluate cost-effective flexible operating procedures that will— 
(A) improve the availability and reliability of water 
supply; 
(B) coordinate the timing of reservoir releases under 
existing water rights to improve instream flows for fish-
eries, wildlife, recreation, and other environmental values, 
if possible; 
(C) assist in managing drought emergencies by making 
more efficient use of facilities; 
(D) encourage the maintenance of existing wells and 
other facilities which may be placed on stand-by status 
when water deliveries from the project become available; 
(E) allow for the development, protection, and sustain-
able use of ground-water resources in the District boundary; 
(F) not reduce the benefits that would be generated 
in the absence of the joint operating procedures; and 
(G) integrate management of suiface and ground-water 
supplies and storage capability. 
The District may incorporate measures developed by the study 
in the Water Management Improvement Plan prepared under 
subsection (b). 
(2) Not less than ninety days prior to its transmittal to Yy^^}^ 
the Secretary, the study, together with the District's prelimi-
nary conclusions and recommendations and all supporting docu-
mentation, shall be available for public review and comment, 
including public hearings. All significant comments, and the 
District's response thereto, shall accompany the study transmit-
ted to the Secretary. 
(3) Nothing in this subsection shall be deemed to authorize 
the Secretary, or grant new authority to the District or petition-
ers of project water, to require the implementation of any 
operating procedures, conclusions, or recommendations con-
tained in the study, 
(e) AUTHORIZATION OF APPROPRIATIONS.—(1) For an amovuit 
not to exceed 50 percent of the cost of conducting the studies 
identified in subsections (c) and (d) and developing the plan identi-
fied in subsection (b), $3,000,000 shall be available from the amount 
authorized to be appropriated by section 201, and shall remain 
available until expended. The Federal share shall be allocated 
among project purposes in the same proportions as the joint costs 
of the Strawberry Collection System, and shall be repaid in the 
manner of repayment for each such purpose. 
(2) For an amount not to exceed 65 percent of the cost of 
implementation of the conservation measures in accordsuice with 
subsection (b), $50,000,000 shall be available from the amount 
authorized to be appropriated in section 201, and shall remain 
available until expended. $10,000,000 authorized by this paragraph 
shall be made available for conservation measures in Wasatch 
County identified in the study pursuant to section 202(aX3XA) 
which measures satisfy the requirements of subsection (bX2XB) 
and shall thereafter be available for the purposes of this paragraph. 
The Federal share shall be allocated between the purposes of 
municipal and industrial water supply and irrigation, as appro-
106 STAT. 4622 
PUBLIC LAW 102-575—OCT. 30, 1992 
priate, and shall be repaid in the manner of repayment for each 
such purpose. 
Establishment. 
(f) UTAH WATER CONSERVATION ADVISORY BOARD.—(1) Within 
two years of the date of enactment of this Act, the Grovemor of 
the State may establish a board consisting of nine members to 
be known as the Utah Water Conservation Advisory Board, with 
the duties described in this subsection. In the event that the Gov-
ernor does not establish said board by such date, the Secretary 
shall establish a Utah Water Conservation Advisory Board consist-
ing of nine members appointed by the Secretary from a list of 
names supplied by the Governor. 
(2) Tne Board shall recommend water conservation standards 
and regulations for promulgation by State or local authorities in 
the service area of each petitioner of project water, including but 
not limited to the following: 
(A) metering or measuring of water to all customers, to 
be accomplished within five years. (For purposes of this para-
graph, residential buildings of more than four units may be 
considered as single customers.); 
(B) elimination of declining block rate schedules from any 
system of water or wastewater treatment charges; 
(C) a program of leak detection and repair that provides 
for the inspection of all conveyance and mstribution mains, 
and the performance of repairs, at intervals of three years 
or less; 
(D) low consumption performance standards applicable to 
the sale and installation of plumbing fixtures and fittings in 
new construction; 
(E) requirements for the recvcling and reuse of water bv 
all newly constructed commercial laundries and vehicle wash 
facilities; 
(F) requirements for soil preparation prior to the installa-
tion or seeding of turf grass in new residential and commercial 
construction; 
(G) requirements for the insulation of hot water pipes 
in all new construction; 
(H) requirements for the installation of water recycling 
or reuse systems on any newly installed commercial and indus-
trial water-operative air conditioning and refirigeration systems; 
(I) standards governing the sale, installation, and removal 
of self-regenerating water softeners, including the identification 
of public water supply system service areas where such devices 
are prohibited, and the estabUshment of standards for the 
control of regeneration in all newly installed devices; and 
(J) elimination of evaporation as a principal method of 
wastewater treatment. 
(3) Any water conserved by implementation of subparagraphs 
(A), (B), (C), (D), or (F) of paragraph (2) shall not be credited 
to the conservation goal specified under subparagraph (bXlXA). 
All other water conserved aher January 1, 1992, by a conservation 
measure which is placed on the active inventory shall be credited 
to the conservation gold specified under subparagraph (bXlXA). 
(4) The Governor may waive the applicability o
f
^ paragraphs 
(2XD) through (2XH) above to any petitioner of project water that 
provides water entirely for irrigation use. 
Regulations. 
(5) Within three years of the date of enactment of this Act, 
the board shall transmit to the Governor and the Secretary the 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4623 
recommended standards and regulations referred to in subpara-
graph (fX2) in such form as, in the judgment of the board, will 
be most likely to be promulgated Mdthin four years of the date 
of enactment of this Act, and the failure of the board to do so 
shall be deemed substantial noncompliance. 
(6) Nothing in this subsection shall be deemed to authorize 
the Secretary, or grant new authority to the District or petitioners 
of project water, to require the implementation of any standards 
or regulations recommended by the Utah Water Conservation 
Advisory Board. 
(g) COMPLIANCE.—<1) Notwithstanding subsections (cX5), (dX3) 
or (f)(6), if the Secretary after ninety days written notice to the 
District, determines that the plan referred to in subsection (b) 
has not been developed and implemented or the studies referred 
to in subsections (c) and (d) have not been completed or transmitted 
as provided for in this section, the District shall pay a surcharge 
for each year of substantial noncompliance as determined by the 
Secretary. The amoimt of the surcharge shall be— 
(A) for the first year of siibstantial noncompliance, five 
percent of the District's annual Bonneville Unit repayment 
obligation to the Secretary; 
(B) for the second year of substantial noncompliance, ten 
percent of the District's annual Bonneville Unit repayment 
obligation to the Secretary; and 
(C) for the third vear of substantial noncompliance and 
any succeeding year of substantial noncompliance, fifteen per-
cent of the District's annual Bonneville Unit repajmient obliga-
tion to the Secretary. 
(2) If the Secretary determines that compliance has been accom-
plished within twelve months after the first determination of 
substantial noncompliance, the Secretary shall refund 100 percent 
of the surcharge levied. 
(h) RECLAMATION REFORM ACT OF 1982.—Compliance with this 
section shall be deemed as compliance with section 210 of the 
Reclamation Reform Act of 1982 (96 Stat. 1268; 43 U.S.C. 390jj) 
by the District and each petitioner of project water. 
(i) JUDICIAL REVIEW.—(1) For the purposes of sections 701 
through 706 of title 5 (U.S.C), the determinations made by the 
Secretary imder subsections (b), (fXD or (g) shall be final actions 
subject to judicial review. 
(2) The record upon review of such final actions shall be limited 
to the administrative record compiled in accordance with sections 
701 through 706 of title 5 (U.S.C). Nothing in this subsection 
shall be construed to require a hearing pursuant to sections 554, 
556, or 557 of title 5 (U.S.C). 
(3) Nothing in this subsection shall be construed to preclude 
judicial review of other final actions and decisions by the Secretary. 
(j) CITIZEN SUITS.—(1) IN GENERAL.^Any person may com-
mence a civil suit on their own behalf against only the Secretary 
for any determination made by the Secretary under this section 
which is alleged to have violated, is violating, or is about to violate 
any provision of this section or determination made under this 
section. 
(2) JURISDICTION AND VENUE.—The district courts shall have 
jurisdiction to prohibit any violation by the Secretary of this section, 
to compel any action required by this section, and to issue any 
other order to further the purposes of this section. An action under 
59-194 O—93 
3:QL3(Pt. 6) 
106 STAT. 4624 
PUBLIC LAW 102-575—OCT. 30, 1992 
this subsection may be brought in the judicial district where the 
alleged violation occurred or is about to occur, where fish, wildlife, 
or recreation resources are located, or in the District of Columbia. 
(3) LIMITATIONS.—(A) No action may be commenced under para-
graph (1) before sixty days after written notice of the violation 
has been given to the Secretary. 
(B) Notwithstanding subparagraph (A), an action may be 
brought immediately after such notification in the case of an action 
imder this section respecting an emergency posing a significant 
risk to the well-being of any species offish or wildlife. 
(C) Subparagraph (A) is intended to provide reasonable notice 
where possible and not to affect the jurisdiction of the courts. 
(4) COSTS AWARDED BY THE COURT.—The court may award 
costs of litigation (including reasonable attorney and expert witness 
fees and expenses) to any party, other than the United States, 
whenever the court determines such award is appropriate. 
(5) DISCLAIMER.—^The relief provided by this subsection shall 
not restrict any right which any person (or class of persons) may 
have under any statute or common law to seek enforcement of 
any standard or limitation or to seek any other relief. 
(k) PRESERVATION OF STATE LAW.—Nothing in this section shall 
be deemed to preempt or supersede State law. 
SEC. 208. LIMITATION ON HYDROPOWER OPERATIONS. 
(a) LIMITATION.—Power generation facilities associated with the 
Central Utah Project and other features specified in titles II through 
V of this Act shall be operated and developed in accordance with 
the Act of April 11,1956 (70 Stat. 109; 43 U.S.C. 6200. 
(b) COLORADO RIVER BASIN WATERS.—Use of Central Utah 
Project water diverted out of the Colorado River Basin for power 
purposes shall only be incidental to the delivery of water for other 
authorized project piuposes. Diversion of such waters out of the 
Colorado River Basin exclusively for power purposes in prohibited. 
SEC. 209. OPERATING AGREEMENTS. 
The District, in consultation with the Commission and the 
Utah Division of Water Rights, shall apply its best efforts to achieve 
operating agreements for the Jordanelle Reservoir, Deer Creek Res-
ervoir, Utah Lake and Strawberry Reservoir within two years of 
the date of enactment of this Act. 
SEC. 
210. 
JORDAN 
AQUEDUCT 
PREPAYMENT. 
Under such terms as the Secretary may prescribe, and within 
one year of the date of enactment of tiiis Act, the Secretary shall 
allow for the prepayment, or shall otherwise dispose of, repayment 
contracts entered into among the United States, the District, the 
Metropolitan Water District of Salt Lake City, and the Salt Lake 
County Water Conservancy District, dated May 16, 1986, providing 
for repayment of the Jordan Aqueduct Svstem. In carrying out 
this section, the Secretary shall take sucn actions as he deems 
appropriate to accommodate, effectuate, and otherwise protect the 
rights and obligations of the United States and the obligors under 
the contracts executed to provide for payment of such repayment 
contracts. 
SEC. 211. 
AUDIT 
OF CENTRAL UTAH PROJECT COST 
ALLOCATIONS. 
Not later than one year after the date on which the Secretary 
declares the Central TJtah Project to be substantially complete, 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4625 
the Comptroller General of the United States shall conduct an 
audit of the allocation of costs of the Central Utah Project to 
irrigation, municipal and industrial, and other project purposes 
and submit a report of such audit to the Secretary and to the 
Congress. The audit shall be conducted in accordance with regula-
tions which the Comptroller General shall prescribe not later than 
one year after the date of enactment of this Act. Upon a review 
of such report, the Secretary shall reallocate such costs as may 
be necessary. Any amoimt allocated to municipal and industrial 
water in excess of the total maximum repayment obligation con-
tained in repajonent contracts dated December 28, 1965, and 
November 26, 1985, shall be deferred for as long as the District 
is not foimd to be in substantial noncompliance with the water 
management improvement program provided in section 207 and 
the stream flows provided in title III are maintained. If at any 
time the Secretary finds that such program is in substantial non-
compliance or that such stream flows are not being maintained, 
the Secretary shall, within six months of such finding and after 
public notice, take action to initiate repa3anent of all such reimburs-
able costs. 
SEC. 212. SURPLUS CROPS. 
Notwithstanding any other provision of law relating to a charge 
for irrigation water supplied to surplus crops, until the construction 
costs of the facilities authorized by this title are repaid, the Sec-
retary is directed to charge a surplus crop production charge equal 
to 10 percent of full cost, as defined in section 202 of the Reclama-
tion Reform Act of 1982 (43 U.S.C. 390bb), for the delivery of 
project water used in the production of any crop of an agricultural 
commodity for which an acreage reduction program is in effect 
under the provision of the Agricultural Act of 1949, as amended, 
if the total supply of such commodity for the marketing years 
in which the bulk of the crop would normally be marketed is 
in excess of the normal supply as determined by the Secretary 
of Agriculture. The Secretary of the Interior shall announce the 
amount of the surplus crop production charge for the succeeding 
year on or before July 1 of each year. 
TITLE in—FISH, WILDLIFE, AND RECREATION 
MITIGATION AND CONSERVATION 
SEC. 301. UTAH RECLAMATION MITIGATION AND 
CONSERVATION 
COMMISSION. 
(a) PURPOSE.—(1) The purpose of this section is to provide 
for the prompt establishment of the Utah Reclamation Mitigation 
and 
Conservation 
Commission 
in 
order 
to 
coordinate 
the 
implementation of the mitigation and conservation provisions of 
this Act among the Federal and State fish, wildlife, and recreation 
agencies. 
(2) This section, together with applicable environmental laws 
and the provisions of other laws applicable to mitigation, conserva-
tion and enhancement of fish, wildlife, and recreation resources 
within the State, are all intended to be construed in a consistent 
manner. Nothing herein is intended to limit or restrict the authori-
ties or opportunities of Federal, State, or local governments, or 
political subdivisions thereof, to plan, develop, or implement mitiga-
tion, conservation, or enhancement of fish, wildlife, and recreation 
106 STAT. 4626 
PUBLIC LAW 102-575—OCT. 30, 1992 
resources in the State in accordance with other applicable provisions 
of Federal or State law. 
(b) ESTABLISHMENT.—(1) There is established a commission 
to be known as the Utah Reclamation Mitigation and Conservation 
Commission. 
(2) The Commission shall expire twenty years from the end 
of the fiscal year during which the Secretary declares the Central 
Utah Project to be substantially complete. Tiie Secretary shall not 
declare the project to be substaiitially complete at least until such 
time as the mitigation and conservation projects and features pro-
vided for in section 315 have been completed in accordance with 
the fish, wildlife, and recreation mitigation and conservation sched-
ule specified therein. 
(c) DUTIES.—^The Commission shall— 
(1) formulate the policies and objectives for the implementa-
tion of the fish, wildlife, and recreation mitigation and conserva-
tion projects and features authorized in this Act; 
(2) administer in accordance with subsection (f) the 
expenditure of funds for the implementation of the fish, wildlife, 
and recreation mitigation and conservation projects and fea-
tures authorized in this Act; 
(3) be considered a Federal agency for purposes of compli-
ance with the requirements of all Federal lish, wildlife, recre-
ation, and environmental laws, including (but not limited to) 
the Fish and Wildlife Coordination Act, the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and 
(4) develop, adopt, and submit plans and reports of its 
activities in accordance with subsection (g). 
(d) MEMBERSHIP.—(1) The Commission shall be composed of 
5 members appointed by the President within six months of the 
date of enactment of this Act, as follows: 
(A) 1 fi:om a list of residents of the State, who are qualified 
to serve on the Commission by virtue of their training or 
experience in fish or wildlife matters or environmental con-
servation matters, submitted by the Speaker of the House 
of Representatives upon the recommendation of the members 
of the House of Representatives representing the State. 
(B) 1 from a list of residents of the State, who are qualified 
to serve on the Commission by virtue of their training or 
experience in fish or wildlife matters or environmental con-
servation matters, submitted by the Megority Leader of the 
Senate upon the recommendation of the members of the Senate 
representing the State. 
(C) 1 from a list of residents of the State submitted by 
the Governor of the State composed of State wildlife resource 
agen^ personnel. 
(D) 1 from a list of residents of the State submitted by 
the District. 
(E) 1 from a list of residents of the State, who are qualified 
to serve on the Commission by virtue of their training or 
experience in fish and wildlife matters or environmental con-
servation matters and have been recommended by Utah non-
E
rofit sportsmen's or environmental organizations, submitted 
y the Governor of the State. 
(2XA) Except as provided in subparagraph (B), members shall 
be appointed for terms of four years. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4627 
(B) Of the members first appointed— 
(i) the member appointed imder paragraph (IXC) shall 
be appointed for a term of three years; and 
(ii) the member appointed under paragraph (IXD) shall 
be appointed for a term of two years. 
(3) A vacancy in the Conmiission shall be filled within ninety 
days and in the manner in which the original appointment was 
made. Any member appointed to fill a vacancy occuiring before 
the expiration of the term for which his predecessor was appointed 
shall be appointed only for the remainder of such term. A member 
may serve afi^r the expiration of his term until his successor 
has taken office. 
(4XA) Except as provided in subparagraph (B), members of 
the Commission shall each be paid at a rate equal to the daily 
equivalent of the maximum of the annual rate of basic pay in 
enect for grade GS-15 of the General Schedule for each day (includ-
ing travel time) during which they are engaged in the actual 
performance of duties vested in the Commission. 
(B) Members of the Commission who are fiill-time officers or 
employees of the United States or the State of Utah shall receive 
no additional pay by reason of their service on the Commission. 
(5) Three members of the Commission shall constitute a quorum 
but a lesser number may hold public meetings authorized by the 
Commission. 
(6) The Chairman of the Commission shall be elected by the 
members of the Commission. The term of office of the Chairman 
shall be one year. 
(7) The Commission shall meet at least quarterly and may 
meet at the call of the Chairman or a majority of its members. 
(e) DIRECTOR AND STAFF OF COMMISSION; USE OF CONSULT-
ANTS.—(1) The Commission shall have a Director who shall be 
appointed by the Commission and who shall be paid at a rate 
not to exceed the maximvun rate of basic pay payable for GS-
15 of the General Schedule. 
(2) With the approval of the Commission, the Director may 
appoint and fix the pay of such personnel as the Director considers 
appropriate. Such personnel may be appointed without regard to 
the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and may be paid without regard 
to the provisions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and Clreneral Schedule pay 
rates. 
(3) With the approval of the Commission, the Director may 
procure temporary and intermittent services under section 3109(b) 
of title 5 of the United States Code, but at rates for individuals 
not to exceed the daily equivalent of the maximimi annual rate 
of basic pay payable for GS-15 of the General Schedule. 
(4) Upon request of the Commission, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of 
the personnel of such agency to the Commission to assist the 
Commission in carrying out its duties under this Act. 
(5) Any member or agent of the Commission may, if so author-
ized by the Commission, take any action which the Commission 
is authorized to take by this section. 
(6) In times of emergency, as defined by rule by the Commis-
sion, the Director may exercise the full powers of the Commission 
106 STAT. 4628 
PUBLIC LAW 102-575—OCT. 30, 1992 
until sudi times as the emergency ends or the Commission meets 
in formal session. 
(f) IMPLEMENTATION OF MITIGATION AND CONSERVATION MEAS-
URES.—(1) The Commission .shall administer the mitigation and 
conservation funds available iinder this Act to conserve, mitigate, 
and enhance fish, wildlife, and recreation resources affected by 
the development and operation of Federal reclamation projects in 
the State of Utah. Such funds shall be administered in accordance 
with this section, the mitigation and conservation schedule in sec-
tion 315 of this Act, and, if in enstence, the applicable five-year 
plan adopted pursuant to subsection (g). Expenditures of the 
Commission pursuant to tliis section shall be in addition to, not 
in lieu of, other expenditures lauthorized or required from other 
entities under other agreementsior provisions of law. 
(2) REALLOCATION OF SECTION 8 FUNDS.—Notwithstanding any 
provision of this act which pnMdes that a specified amount of 
section 8 funds available under this Act shall be available only 
for a certain purpose, if the Commission determines, after public 
involvement and agency consultation as provided in subsection 
(gX3), that the benefits to fish, wildlife, or recreation will be better 
served by allocating such fiinds in a different manner, then the 
Commission may reallocate any amount so specified to achieve 
such benefits: Provided, however, That the Commission shall obtain 
the prior approval of the United States Fish and Wildlife Service 
/ 
for any resdlocation from fish or wildlife purposes to recreation 
purposes of any of the funds authorized in the schedule in section 
315. 
(3) FUNDING FOR NEPA COMPLIANCE.—^The Commission shall 
annually provide funding on a priority basis for environmental 
mitigation measures adopted as a result of compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for project featiures constructed pursuant to titles II and III 
of this Act. 
(4) CONTRACTING AUTHORITY.—^The Commission shall, for the 
purpose of carrying out this Act, enter into and perform such 
contracts, leases, grants, cooperative agreements, or other similar 
transactions, including the amendment, modification, or cancella-
tion thereof and make the compromise or final settlement of any 
claim arising thereunder, with universities, non-profit org£uiiza-
tions, and tilie appropriate public natural resource management 
agency or agencies, upon such terms and conditions and in such 
manner as tiie Commission may deem to be necessary or appro-
priate, for the implementation of the mitigation and conservation 
projects and features authorized in this Act, including actions nec-
essary for compliance with the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(g) PLANNING AND REPORTING.—(1) Beginning with the first 
fiscal year after all members of the Commission are appointed 
initially, and every five years thereafter, the Commission shall 
develop and adopt by March 31 a plan for canning out its duties 
during each succeeding five-year period. Each such plan shall con-
sist of the specific objectives and measures the Commission intends 
to administer under subsection (f) during the plan period to imple-
ment the mitigation and conservation projects and features author-
ized in this Act. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4629 
(2) FINAL PLAN.—^Within six months prior to the expiration 
of the Commission pursuant to this Act, the Commission shall 
develop and adopt a plan which shall— 
(A) establish goals and measurable objectives for the miti-
gation and conservation of fish, wildlife, and recreation 
resources during the five-year period following such expiration; 
and 
(B) recommend specific measures for the expenditiure of 
fimds fi*om the Account established under section 402 of this 
Act. 
(3) PuBuc INVOLVEMENT AND AGENCY CONSULTATION.—(A) 
Promptly after the Commission is established under this section, 
and in each succeeding fiscal year, the Commission shall request 
in writing firom the Federal and State fish, wildlife, recreation, 
and water management agencies, the appropriate Indian tribes, 
and county and municipal entities, and the public, recommendations 
for objectives and measures to implement the mitigation and con-
servation projects and features authorized in this Act or amend-
ments thereto. TTie Commission shall establish by rule a period Regulations 
of time not less than ninety days in length within which to receive 
such recommendations, as well as the format for and the informa-
tion and supporting data that is to accompany such recommenda-
tions. 
(B) The Commission shall give notice of all recommendations 
and shall make the recommendations and supporting docimients 
available to the Federal and State fish, wildlife, recreation, and 
water management agencies, the appropriate Indian tribes, and 
the public. Copies of such recommendations and supporting docu-
ments shall be made available for review at the offices of the 
Commission and shall be available for reproduction at reasonable 
cost. 
(C) The Commission shall provide for public involvement 
regarding the recommendations and supporting dociunents within 
such reasonable time as the Commission by rule deems appropriate. 
(4) The Commission shall develop and amend the plans on 
the basis of such recommendations, supporting documents, and 
views and information obtained through public involvement and 
agency consultation. The Commission shall include in the plans 
measures which it determines, on the basis set forth in paragraph 
(fXl), will-
(A) restore, maintain, or enhance the biological productivity 
and diversity of natural ecosystems within the State and have 
substantial potential for providing fish, wildlife, and recreation 
mitigation and conservation opportunities; 
(B) be based on, and supported by, the best available sci-
entific knowledge; 
(C) utilize, where equally effective alternative means of 
achieving the same sound biological or recreational objectives 
exist, the alternative that will also provide public benefits 
through multiple resource uses; 
(D) complement the existing and future activities of the 
Federal and State fish, wildlife, stnd recreation agencies and 
appropriate Indian tribes; 
(E) utilize, when available, cooperative agreements and 
partnerships with private landowners and nonprofit conserva-
tion organizations; and 
Public 
information. 
106 STAT. 4630 
PUBLIC LAW 102-575—OCT. 30, 1992 
(F) be consistent with the legal rights of appropriate Indian 
tribes. 
Enhancement measures may be included in the plans to the extent 
such measures are designed to achieve improved conservation or 
mitigation of resources. 
(5) AGENCY CONSULTATION.—Commission plans developed in 
accordance with this subsection, or implemented under subsection 
(f), that affect National Forest System lands shall be developed 
and implemented in consultation with the Secretary of Agriculture. 
(6) REPORTING.—(A) Beginning on December 1 of the first fiscal 
year in which all members of the Commission are appointed ini-
tially, the Commission shall submit annually a detailed report 
to the Committee on Energy and Natural Resources of the Senate, 
to the Committees on Interior and Insular Affairs and on Merchant 
Marine and Fisheries of the House of Representatives, to the Sec-
retary, and to the Governor of the State. The report shall describe 
the actions taken and to be t£iken by the Commission under this 
section, the effectiveness of the mitigation and conservation meas-
ures implemented to date, and potential revisions or modifications 
to the appUcable mitigation and conservation plsui. 
(B) At least sixty days prior to its submission of such report, 
the Commission shall make a draft of such report available to 
the Federal and State fish, wildlife, recreation, and water manage-
ment agencies, the appropriate Indian tribes, and the public, and 
establish procedures for timely comments thereon. The Commission 
shall include a summary of such comments as an appendix to 
such report. 
(h) DISCRETIONARY DUTIES AND POWERS.—In addition to any 
other duties emd powers provided by law— 
(1) The Commission may depart from the fish, wildlife, 
and recreation mitigation and conservation schedule specified 
in section 315 whenever the Commission determines, after pub-
lic involvement and agency consultation as provided for in 
this Act, that such departure would be of greater benefit to 
fish, wildlife, or recreation: Provided, however, That the 
Commission shall obtain the prior approval of the United States 
Fish and Wildlife Service for any reallocation from fish or 
wildlife purposes to recreation purposes of any of the funds 
authorized in the schedule in section 315. 
(2) The Commission may, for the purpose of canying out 
this Act— 
(A) hold such public meetings, sit and act at such 
times and places, take such testimony, and receive such 
evidence, as a minority of the Commission considers appro-
priate; and 
(B) meet jointly with other Federal or State authorities 
to consider matters of mutual interest. 
(3) The Commission may secure directly from any depart-
ment or agency of the United States information necessary 
to enable it to carry out this Act. Upon request of the Director 
of the Commission, the head of such department or agency 
shall furnish such information to the Commission. At the discre-
tion of the department or agency, such information may be 
provided on a reimbursable basis. 
(4) The Commission may accept, use, and dispose of appro-
priations, gifts or grants of money or other property, or dona-
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4631 
tions of services, from whatever source, only to carry out the 
purposes of this Act. 
(5) The Commission may use the United States mails in 
the same manner and under the same conditions as other 
departments and agencies of the United States. 
(6) The Administrator of General Services shall provide 
to the Commission on a reimbursable basis such administrative 
support services as the Commission may request. 
(7) The Commission may acquire and dispose of personal 
and real property and water rights, and interests therein, 
through donation, purchase on a willing seller basis, sale, or 
lease, but not through direct exercise of the power of eminent 
domain, in order to carry out the purposes of this Act. This 
provision shall not affect any existing authorities of other agen-
cies to carry out the purposes of this Act. 
(8) The Commission may make such expenditures for 
ofiices, vehicles, fuimishings, equipment, supplies, and books; 
for travel, training, and attendance at meetings; and for such 
other facilities and services as may be necessary for the 
administration of this Act. 
(9) The Commission shall not participate in litigation, 
except litigation pursuant to subsection (1) or condemnation 
proceedings initiated by other agencies. 
(i) FUNDING.—(1) Amounts appropriated to the Secretary for 
the Commission shall be paid to the Commission immediately upon 
receipt of such funds by the Secretary. The Commission shall expend 
such funds in accordance with this Act. 
(2) For each fiscal year, the Commission is authorized to use 
for administrative expenses an amoimt equal to 10 percent of the 
amounts available to the Commission pursuant to this Act during 
such fiscal year, but not to exceed $1,000,000. Such amount shall 
be increased by the same proportion as the contributions to the 
Accoimt under section 402(bX3XC). 
(j) AVAILABILITY OF UNEXPENDED AMOUNTS UPON COMPLETION 
OF CONSTRUCTION PROJECTS.—^Notwithstanding any other provision 
of law, upon the completion of any project authorized under this 
title, Federal funds appropriated for that project but not obligated 
or expended shall be deposited in the Accoimt pursuant to section 
402(bX4XD) and shall be available to the Commission in accordance 
with section 402(cX2). 
(k) TRANSFER OF PROPERTY AND AUTHORITY HELD BY THE 
COMMISSION.—^Except as provided in section 402(bX4XA), upon the 
termination of the Commission in accordance with subsection (b)— 
(1) the duties of the Commission shall be performed by 
the Utah Division of Wildlife Resources, which shall exercise 
such authority in consultetion with the United States Fish 
and Wildlife Service, the District, the Bureau, and the Forest 
Service; and 
(2) title to any real and personal properties then held 
by the Commission shall be transferred to the appropriate 
division within Utah Department of Natural Resources or, for 
such parcels of real property as may be within the boimdaries 
of Federal land ownerships, to the appropriate Federal agency. 
(1) REPRESENTATION BY ATTORNEY GENERAL.^The Attorney 
Greneral of the United Stetes shall represent the Commission in 
any litigation to which the Commission is a party. 
106 STAT. 4632 
PUBLIC LAW 102-575—OCT. 30, 1992 
(m) CONGRESSIONAL OVERSIGHT.—The activities of the Commis-
sion shall be subject to oversight by the Congress. 
(n) TERMINATION OF BUREAU ACTIVITIES.—^Upon appointment 
of the Commission as provided in subsection (b), the responsibility 
for implementing section 8 fimds for mitigation and conservation 
projecte and features authorized in this Act shall be transferred 
from the Bureau to the Commission. 
SEC. 302. INCREASED PROJECT WATER CAPABILITY. 
(a) ACQUISITION.—^The District shall acquire, on an expedited 
basis with funds to be provided by the Commission in accordance 
with the schedule specified in section 315, by purchase from willing 
sellers or exchange, twenty-five thousand acre-feet of water rights 
in the Utah Lake drainage basin to achieve the purposes of this 
section. Water purchases which would have the effect of compromis-
ing groundwater resources or dewatering agricultural lands in the 
Upper Provo River areas should be avoided. Of the amounts author-
ized to be appropriated by section 201, $15,000,000 shall be avail-
able only for tne purposes of this subsection. 
(b) NONCONSUMPTIVE RIGHTS.—^A nonconsumptive right in 
perpetuity to any water acquired under this section shall be ten-
dered in accordance with the laws of the State of Utah within 
thirty days of its acquisition by the District to the Utah Division 
of Wildlife Resources for the purposes of maintaining instream 
flows provided for in section 303(cX3) and 303(cX4) for fish, wildlife, 
and recreation in the Provo River. 
(c) AUTHORIZATION OF APPROPIUATIONS.—Of the 
amounts 
authorized to be appropriated by section 201, $4,000,000 shall be 
available only to modify existing or construct new diversion struc-
tures on the Provo River below the Murdock diversion to facilitate 
the purposes of this section. 
SEC. 303. STREAM FLOWS. 
(a) STREAM FLOW AGREEMENT.—The District shall annually 
provide, from project water if necessary, amounts of water sufficient 
to sustain the minimum stream flows established pursuant to the 
Stream Flow Agreement. 
(b) INCREASED FLOWS IN THE UPPER STRAWBERRY RIVER TRIBU-
TARIES.—(1) the District shall acquire, on an expedited basis with 
funds to be provided by the Commission, or by the Secretary in 
the event the Commission has not been established, in accordance 
with State law, the provisions of this section, and the schedule 
specified in section 315, all of the Strawberry basin water rights 
being diverted to the Heber Valley through the Daniels Creek 
drainage and shall apply such rights to increase minimum stream 
flows— 
(A) in the upper Strawberry River and other tributaries 
to the Strawberry Reservoir; 
(B) in the lower Strawberry River from the base of Soldier 
Creek Dam to Starvation Reservoir; and 
(C) in other streams within the Uinta basin affected by 
the Strawberry Collection System in such a manner as deemed 
by the Commission in consultation with the United States 
Fish and Wildlife Service and the Utah State Division of Wild-
life Resources to be in the best interest of fish and wildlife. 
The Commission's decision under subparagraph (C) shall not estab-
lish a statutory or otherwise mandatory minimum stream flow. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4633 
(2) The District may acquire the water rights identified in 
paragraph (1) prior to completion of the facilities identified in 
paragraph (3) only by lease and for a period not to exceed two 
years from willing sellers or by replacement or exchange of water 
in kind. Such leases may be extended for one additional year 
with the consent of Wasatch and Utah counties. The District shall 
E
roceed to AilfiU the purposes of this subsection on an expedited 
asis but may not lease water from the Daniels Creek Irrigation 
Company before the beginning of fiscal year 1993. 
(3XA) The District shall construct with funds provided for in 
S
aragraph (4) a Daniels Creek replacement pipeline from the 
ordaneile Reservoir to the existing Daniels Creek Irrigation Com-
pany Water storage facility for the purpose of providing a permanent 
replacement of water in an amount equal to the Strawberry basin 
water being supplied by the District for stream flows provided 
in paragraph (1) which would otherwise have been diverted to 
the Daniels Creek drainage. 
(B) Such Daniels Creek replacement water may be exchanged 
by the District in accordance with State law with the Strawberry 
basin water identified above to provide a permanent supply of 
water for minimum flows provided in paragraph (1). Any such 
permanent replacement water so exchanged into the Strawberry 
basin by the District shall be tendered in accordance with State 
law witnin thirty days of its exchange by the District to the Utah 
Division of Wildlife Resources for the purposes of providing stream 
flows under paragraph (1). 
(C) The Daniels Creek replacement water to be supplied by 
the District shall be at least equal in quality and reliability to 
the Daniels Creek water being replaced and shall be provided 
by the District at a cost to the Daniels Creek Irrigation Company 
which does not exceed the cost of supplying existing water deliveries 
(including operation and maintenance) through the Daniels Creek 
diversion. 
(4) Of the amounts authorized to be appropriated by section 
201, $10,500,000 shall be available to fulfill the purposes of this 
section as follows: 
(A) $500,000 for leasing of water pursuant to paragraph 
(2). 
(B) $10,000,000 for construction of the Daniels Creek 
replacement pipeUne. 
(C) Funds provided by this paragraph shall not be subject 
to the requiremente of section 204 and shall be includea in 
the final cost allo«:;ation provided for in section 211; except 
that not less than $3,500,000 shall be treated as an expense 
under section 8, and $7,000,000 shall be treated as an expense 
under section 5 of the Act of April 11, 1956 (70 Stat. 110; 
43 U.S.C. 105). 
(D) Funds provided for the Daniels Creek replacement 
pipeline may be expended so as to integrate such pipeline 
with the Wasateh Coimty conservation measures provided for 
in section 207(eX2) and the Wasateh Coimty Water Efficiency 
Project authorized in section 202(aX3). 
(c) STREAM FLOWS IN THE BONNEVILLE UNIT.—The yield and 
operating plans for the Bonneville Unit of the Central Utah Project 
shall be established or adjusted to provide for the following mini-
mum stream flows, which flows snail be provided continuously 
and in perpetuity from the date first feasible, as determined by 
106 STAT. 4634 
PUBLIC LAW 102-575—OCT. 30, 1992 
the Commission in consultation with the United States Fish and 
Wildlife Service and the Utah State Division of Wildlife Resources: 
(1) In the Diamond Fork River drainage subsequent to 
completion of the Monks Hollow Dam or other structure that 
rediverts water from the Diamond Fork River Drainage into 
the Diamond Fork component of the Bonneville Unit of the 
Central Utah Project— 
(A) in Sixth Water Creek, from the exit of Strawberry 
Valley Tunnel to the Last Chance Powerplant and Switch-
yard, not less than thirty-two cubic feet per second during 
the months of May through October and not less than 
twenty-five cubic feet per second during the months of 
November through April, and 
(B) in the Diamond Fork River, from the bottom of 
the Monks Hollow Dam to the Spanish Fork River, not 
less than eighty cubic feet per second during the months 
of May through September and not less than sixty cubic 
feet per second during the months of October through 
April, which flows shall be provided by the Bonneville 
Unit of the Central Utah Project. 
(2) In the Prove River from the base of Jordanelle Dam 
to Deer Creek Reservoir a minimum of one hundred and twenty-
five cubic feet per second. 
(3) In the Prove River from the confluence of Deer Creek 
and the Prove River to the Olmsted Diversion a minimum 
of one hundred cubic feet per second. 
(4) Upon the acquisition of the water rights in the Prove 
Drainage identified in section 302, in the Prove River from 
the Olmsted Diversion to Utah Lake, a minimum of seventy-
five cubic feet per second. 
(5) In the Strawberry River, from the base of Starvation 
Dam to the confluence with the Duchesne River, a minimum 
of fifteen cubic feet per second. 
(d) MITIGATION OF EXCESSIVE FLOWS IN THE PROVO RIVER.— 
The District shall, with public involvement, prepare and conduct 
a study and develop a plan to mitigate the effects of peak season 
flows in the Provo River. Such study and plan shall be developed 
in consultation with the Fish and Wildlife Service, the Utah Division 
of Water Rights, the Utah Division of Wildlife Resources, affected 
water right holders and users, the Commission, and the Bureau. 
The study and plan shall discuss and be based upon, at a minimum, 
all mitigation and conservation opportunities identified through— 
(1) a fishery and recreational use study that addresses 
anticipated peak flows; 
(2) study of the mitigation and conservation opportunities 
possible through habitat or stream bed modification; 
(3) study of the mitigation and conservation opportunities 
associated with the operating agreements referred to in section 
209; 
(4) study of the mitigation and conservation opportunities 
associated with the water acquisitions contemplated by section 
302; 
(5) study of the mitigation and conservation opportunities 
associated with section 202(2); 
(6) study of the mitigation and conservation opportunities 
available in connection with water right exchanges; and 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4635 
(7) study of the mitigation and conservation opportunities 
that could be achieved by construction of a bypass flowUne 
from the base of Deer Creek Reservoir to the Ohnsted Diversion. 
(e) EARMARK.—Of the amoiints authorized to be appropriated 
by section 201, $500,000 shall be available only for the implementa-
tion of subsection (d). 
(f) STRAWBERRY VALLEY TUNNEL.—(1) Upon completion of the 
Diamond Fork System, the Strawberry Tunnel shall not be used 
except for deliveries of water for the instream purposes specified 
in subsection (c). All other waters for the Bonneville Unit and 
Strawberry Valley Reclamation Project purposes shall be delivered 
through the Diamond Fork System. 
(2) Paragraph (1) shall not apply during any time in which 
the District, in consultation with the Commission, has determined 
that the Syar Timnel or the Sixth Water Aqueduct is rendered 
unusable or emergency circiunstances require the use of the Straw-
berry Valley Tunnel for the delivery of contracted Central Utah 
Project water and Strawberry Valley Reclamation Project water. 
SEC. 304. FISH, WILDLIFE, AND RECREATION PROJECTS IDENTIFIED 
OR PROPOSED IN THE 1988 DEFINITE PLAN REPORT FOR 
THE CENTRAL UTAH PROJECT. 
The fish, wildlife, and recreation projects identified or proposed 
in the 1988 Definite Plan Report which have not been completed 
as of the date of enactment of this Act shall be completed in 
accordance with the 1988 Definite Plan Report and the schedule 
specified in section 315, imless otherwise provided in this Act. 
SEC. 306. WILDLIFE LANDS AND IMPROVEMENTS. 
(a) ACQUISITION OF RANGELANDS.—In addition to lands acquired 
on or before the date of enactment of this Act and in addition 
to the acreage to be acquired in accordance with the 1988 Definite 
Plan Report, the Commission shall acquire on an expedited basis 
firom willing sellers, in accordance with the schedule specified in 
section 315 and a plan to be developed by the Commission, big 
game winter range lands to compensate for the impacts of Federal 
reclamation projects in Utah. Such lands shall be transferred to 
the Utah Division of Wildlife Resources or, for such parcels as 
may be within the boundaries of Federal land ownerships, to the 
appropriate Federal agency, for management as a big game winter 
range. In the case of such transfers, lands acquired within the 
boundaries of a national forest shall be administered by the Sec-
retary of Agriculture as a part of the National Forest System. 
Of the amoimts authorized to be appropriated by section 201, 
$1,300,000 shall be available only for the purposes of this sub-
section. 
(b) BIG GAME CROSSINGS AND WILDLIFE ESCAPE RAMPS.—In 
addition to the measures to be taken in accordance with the 1988 
Definite Plan Report, the Commission shall construct big game 
crossings and wildlife escape ramps for the protection of big game 
animals along the Provo Reservoir Canal, Highline Canal, Straw-
berry Power Canal, and others. Of the amoimts authorized to be 
appropriated by section 201, $750,000 shall be available only for 
the purposes of this subsection. 
106 STAT. 4636 
PUBLIC LAW 102-575—CKT. 30, 1992 
SEC. 308. WETLANDS ACQUISITION. REHABIUTATION, AND ENHANCE-
MENT. 
(a) WETLANDS AROUND THE GREAT SALT LAKE.—Of the amounts 
authorized to be appropriated by section 201, $14,000,000 shall 
be available only for the planning and implementation of projects 
to preserve, rehabilitate, and enhance wetland areas around the 
Great Salt Lake in accordance with a plan to be developed by 
the Commission. 
(b) INVENTORY OF SENSITIVE SPECIES AND ECOSYSTEMS.—<1) 
The Commission shall, in cooperation with the Utah Division of 
Wildlife Resources and other appropriate State and Federal agen-
cies, inventory, prioritize, and map the occurrences in Utah of 
sensitive nongame wildlife species and their habitats. 
(2) Of the amounts authorized to be appropriated by section 
201, $750,000 shall be available only to carry out paragraph (1) 
of this section. 
(3) The Commission shall, in cooperation with the Utah Depart-
ment of Natural Resources and other appropriate State and Federal 
agencies, inventory, prioritize, and map me occurrences in Utah 
of sensitive plant species and ecosystems. 
(4) Of the amounts authorized to be appropriated by section 
201, $750,000 shall be available for the Utah Natural Heritage 
Program only to carry out paragraph (3) of this section. 
(c) UTAH LAKE WETLANDS PRESERVE.—(1) The Commission, 
in consultation with the Utah Division of Wildlife Resources and 
the United States Fish and Wildlife Service, shall, in accordance 
with paragraph (9), acquire private land, water rights, conservation 
easements, or other interests therein, necessary for the establish-
ment of a wetlands preserve adjacent to or near the Goshen Bay 
and Benjamin Slough areas of Utah Lake as depicted on a map 
entitled TJtah Lake Wetland Preserve" and dated September 1990. 
Such a map shall be on file and available for inspection in 
the ofiSce oi the Secretary of the Interior, Washington, District 
of Columbia. 
Contracts. 
(2) The Secretary shall enter into an agreement under which 
the Wetlands Preserve acquired under paragraph (1) shall be man-
aged by the Utah Division of Wildlife Resources pursuant to a 
plan developed in consultation with the Secretary and in accordance 
with this Act and the substantive requirements of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd 
etseq.). 
(3) The Wetlands Preserve shall be managed for the protection 
of migratory birds, wildlife habitat, and wetland values in a manner 
compatible with the surroimding farmlands, orchturds, and agricul-
tural production area. Grazing will be allowed for wildlife habitat 
management purposes in accordance with the Act referenced in 
paragraph (2) and as determined by the Division to be compatible 
with the purposes stated herein. 
(4) Nothing in this subsection shall restrict traditional agricul-
tural practices (including the use of pesticides) on a4jacent prop-
erties not included in u e preserve by acquisition or easement. 
(5) Nothing in this sub8^:1ion shall afifect existing water rights 
under Utah State law. 
(6) Nothing in this subsection shall grant authority to the 
Secretary to introduce a federally protected species into the wet-
lands preserve. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4637 
(7) The creation of this preserve shall not in any way interfere 
with the operation of the irrigation and drainage system authorized 
by section 202(aXl). 
(8) All water rights not appurten£uit to the l£inds purchased 
for the Wetlands Preserve acquired under paragraph (1) shall be 
purchased from the District at an amount not to exceed the cost 
of the District in acquiring such rights. 
(9) Of the amounts authorized to be appropriated by section 
201, $16,690,000 shall be available for acquisition of the lands, 
water rights, and other interests therein described in paragraph 
(1) of this subsection for the estabUshment of the Utah Lake Wet-
land Preserve. 
(10) Lands, easements, or water rights may not be acquired 
pursuant to this subsection without the consent of the owner of 
such lands or water rights. 
(11) Base property of a lessee or permittee (and the heirs 
of such lessee or permittee) under a Federal grazing permit or 
lease held on the date of enactment of this Act shall include any 
land of such lessee or permittee acquired by the Commission imder 
this subsection. 
(d) PROVO BAY.—In order to protect wetland habitat, the United 
States shall not issue any Federal permit which allows commercial, 
industrial, or residential development on the southern portion of 
Provo Bay in Utah Lake, as described herein and depicted on 
a map dated October 11, 1990, except that recreational development 
consistent with wildlife habitat values shall be permitted. The 
southern portion of Provo Bay referred to in this subsection shall 
be that area extending two thousand feet out into the Bay from 
the ordinary high water Une on the south shore of Provo Bay, 
beginning at a point at the mouth of the Spanish Fork River 
and extending generally eastward along the ordinary high water 
Une to the intersection of such line with the I*rovo City limit, 
as it existed as of October 10, 1990, on the east shore of the 
Bay. Such a map shall be on file and available for inspection 
in the office of the Secretary of the Interior, Washington, District 
of Columbia. Nothing in this Act shall restrict present or future 
development of the Provo City Airport or airport access roads along 
the north side of Provo Bay. 
SEC. 307. FISHERIES ACQUISITION, REHABILITATION, AND ENHANCE-
MENT. 
Of the amounts authorized to be appropriated by section 201, 
the following amounts shall be in addition to amoimte available 
under the 1988 Definite Plan Report and shall be available only 
for fisheries acquisition, rehabilitetion, and improvement within 
the State: 
(1) $750,000 for fish habitet restoration on the Provo River 
between the Jordanelle and Deer Creek Reservoirs. 
(2) $4,000,000 for fish habitat restoration in streams 
impacted by Federal reclamation projecte in Utah. 
(3) $1,000,000 for the restoration of tributeries of the 
Strawberry Reservoir to assure trout spawning recruitment. 
(4) $1,500,000 for post-treatment management and fishery 
development costs at the Strawberry Reservoir. 
(5) $1,000,000 for (A) a study to be conducted as directed 
by the Commission to determine the appropriate means for 
106 STAT. 4638 
PUBLIC LAW 102-575—OCT. 30, 1992 
improving Utah Lake as a warm water fishery and other related 
issues; and 
(B) development of facilities and programs to implement 
management objectives. 
(6) $1,000,000 for fish habitat restoration and improve-
ments in the Diamond Fork River and Sixth Water Creek 
drainages. 
(7) $475,000 for the restoration of native cutthroat trout 
populations in streams and lakes in the Bonneville Unit project 
area. 
(8) $2,500,000 for watershed restoration and improvements, 
erosion control, and wildlife habitat restoration and improve-
ments in the Avintaquin, Red, and Currant Creek dramages 
and other Strawberry River drainages afifected by the develop-
ment of Federal reclamation projects in Utah. 
SEC. 308. STABILIZATION OF mCH MOUNTAIN LAKES IN THE UINTA 
MOUNTAINS. 
(a) REVISION OF PLAN.—^The project plan for the stabilization 
of high mountain lakes in the Upper Provo River drainage shall 
be revised to require that the following lakes will be stabilized 
at levels beneficial for fish habitat £uid recreation: Big Elk, Crystal, 
Duck, Fire, Island, Long, Wall, Maijorie, Pot, Star, Teapot, and 
Weir. Overland access by vehicles or equipment for stabilization 
and irrigation purposes under this subsection shall be minimized 
within the Lakes Management Area boundary, as depicted on the 
map in the Wasatch-Cache National Forest Plan (p. W-166, dated 
1987), to a level of practical necessity. 
(b) COSTS OF REHABILITATION.—(1) The costs of rehabilitating 
water storage features at Trial, Washington, and Lost Lakes, which 
are to be used for project purposes, shall be borne by the project 
firom amounts made available pursuant to section 201. Existing 
roads may be used for overland access to carry out such rehabil-
itation. 
(2) The costs of stabilizing each of the lakes referred to in 
subsection (a) which is to be used for a purpose other than irrigation 
shall be treated as an expense under section 8. 
(c) FISH AND WILDUFE HABITAT.—Of the amounts authorized 
to be appropriated by section 201, $5,000,000 shall be available 
only for stabilization and fish and wildlife habitat restoration in 
the lakes referred to in subsection (a). This amount shall be in 
addition to the $7,538,000 previously authorized for appropriation 
imder section 5 of the Act of April 11, 1956 (43 U.S.C. 620g) 
for the stabilization and rehabilitation of the lakes described m 
this section. 
SEC. 309. STREAM ACCESS AND RIPARIAN HABITAT DEVELOPMENT. 
(a) IN GENERAL.—Of the amounts authorized to be appropriated 
by section 201, the following amounts shall be in addition to 
amounts available under the 1988 Definite Plan Report and shall 
be available only for stream access and riparian habitat develop-
ment in the State: 
(1) $750,000 for rehabilitation of the Provo River riparian 
habitat development between Jordanelle Reservoir and Utah 
Lake. 
(2) $250,000 for rehabilitation and development of water-
sheds and riparian habitats along Diamond Fork and Sixth 
Water Creek. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4639 
(3) $350,000 for additional watershed stabilization, terres-
trial wildlife and riparian habitat improvements, and road clo-
sures within the Central Utah Project area. 
(4) $8,500,000 for the acquisition of additional recreation 
and angler accesses and riparian habitats, which accesses and 
habitats shall be acquired m accordance with the recommenda-
tion of the Commission. 
(b) STUDY OF IMPACT TO WILDUFE AND RIPARIAN HABITATS 
WHICH EXPERIENCE REDUCED WATER FLOWS AS A RESULT OF THE 
STRAWBERRY COLLECTION SYSTEM.—Of the amounts authorized to 
be appropriated by section 201, $400,000 shall be available only 
for tne Commission to conduct a study of the impacts to soils 
and riparian fish and wildlife habitat in drainages that will experi-
ence substantially reduced water flows resulting from the operation 
of the Strawberry Collection System. The study shall identify miti-
gation opportunities that represent alternatives to increasing 
stream flows and make recommendations to the Commission. 
SEC. 310. SECTION 8 EXPENSES. 
(a) Unless otherwise expressly provided, all of the amounts 
authorized to be appropriated by this Act and Usted in subsection 
(b) of this section shall be treated as expenses under section 8. 
(b) The sections referred to in subsection (a) of this section 
are as follows: title III, and section 402(bX2). 
SEC. 3
1
1
. 
JORDAN AND PROVO RIVER PARKWAYS AND NATURAL 
AREAS. 
(a) FISHERIES.—Of the amounts authorized to be appropriated 
by section 201, $1,150,000 shall be available only for nsh habitat 
improvements to the Jordan River. 
(b) RIPARIAN HABITAT REHABILITATION.—Of the amounts 
authorized to be appropriated by section 201, $750,000 shall be 
available only for Jordan River riparian habitat rehabilitation, 
which amount shall be in addition to amounts available under 
the 1988 Definite Plan Report. 
(c) WETLANDS.—Of the amoimts authorized to be appropriated 
by section 201, $7,000,000 shall be available only for the acquisition 
of wetland acreage, including those along the Jordan River identi-
fied by the miUti-agency technical committee for the Jordan River 
Wetlands Advance Identification Study. 
(d) RECREATIONAL FACILITIES.—(1) Of the amounts authorized 
to be appropriated by section 201, $500,000 shall be available 
only to construct recreational facilities within Salt Lake County 
proposed by the State of Utah for the "Provo/Jordan River Park-
way*, a description of which is set forth in the report to accompany 
the bill H.R. 429 (S. Rept. 102-267). 
(2) Of the amounts authorized to be appropriated by section 
201, $500,000 shall be available only to construct recreational facili-
ties within Utah and Wasatch Counties proposed by the State 
of Utah for the "Provo/Jordan River Parkway", a description of 
which is set forth in the report to accompany the bill H.R. 429 
(S. Rept. 102-267). 
(e) PROVO RIVER CORRIDOR.—Of the amounts authorized to 
be appropriated by section 201, $1,000,000 shall be available only 
for riparian habitat acquisition and preservation, stream habitat 
improvements, and recreation and angler access provided on a 
willing seller basis along the Provo River from the Murdock diver-
106 STAT. 4640 
PUBLIC LAW 102-575—OCT. 30, 1992 
sion to Utah Lake, as determined by the Commission after consulta-
tion with local officials. 
SEC. 312. RECREATION. 
Of the amounts authorized to be appropriated by section 201, 
the following amounts shall be available to the Commission only 
for Central Utah Project recreation features: 
(a) $2,000,000 for Utah Lake recreational improvements 
as proposed by the State and local governments. 
(b) $750,000 for additional recreation improvements, which 
shall be made in accordance with recommendations made by 
the Commission, associated with Central Utah I^oject features 
and affected areas, including camping facilities, hiking trails, 
and signing. 
SEC. 313. FISH AND WILDLIFE FEATURES IN THE COLORADO RIVER 
STORAGE PROJECT. 
Of the amounts authorized to be appropriated by section 201, 
the following amounts shall be available only to provide mitigation 
and restoration of watersheds and fish and wildlife resources in 
Utah impacted by the Colorado River Storage Project: 
(a) 
HABITAT 
IMPROVEMENTS 
IN 
CERTAIN 
DRAINAGES.— 
$1,125,000 shall be available only for watershed and fish and wild-
life improvements in the Fremont River drainage, which shall be 
expended in accordance with a plan developed by the Commission 
in consultation with the Wayne County Water Conservancy District. 
(b) SMALL DAMS AND WATERSHED IMPROVEMENTS.—$4,000,000 
shall be available only for land acquisition for the purposes of 
watershed restoration and protection in the Albion Basin in the 
Wasatch Mountains and for restoration and conservation related 
improvements to small dams and watersheds on State of Utah 
lands and National Forest System lands within the Central Utah 
Project and the Colorado River Storage Project area in Utah, which 
amounts shall be expended in accordance with a plan developed 
by the Commission. 
(c) FISH HATCHERY PRODUCTION.—$22,800,000 shall be avail-
able only for the planning and implementation of improvements 
to existing hatchery facilities or the construction and development 
of new fish hatcheries to increase production of warmwater and 
coldwater fishes for the areas affected by the Colorado River Storage 
Project in Utah. Such improvements and construction shall be 
implemented in accordance with a plan identifying the long-term 
needs and management objectives for hatchery production prepared 
by the United States Fish and Wildlife Service, in consultation 
with the Utah Division of Wildlife Resources, and adopted by the 
Commission. The cost of operating and maintaining such new or 
improved facilities shall be borne by the Secretary. 
SEC. 314. CONCURRENT MITIGATION APPROPRIATIONS. 
Notwithstanding any other provision of this Act, the Secretary 
is directed to allocate funds appropriated for each fiscal year piursu-
ant to titles II through IV of this Act as follows: 
(a) Deposit the Federal contribution to the Account author-
ized in section 402(bX2). 
(b) Of any remaining funds, allocate the amoimts available 
for implementation of the mitigation and conservation projects 
and features specified in the schedule in section 315 concur-
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4641 
rently with amounts available for implementation of title II 
of this Act. 
(c) Of the amounts allocated for implementation of the 
mitigation and conservation projects and features specified in 
the schedule in section 315, three percent of the total shall 
be used by the Secretary to fulfill subsections (d) and (e) of 
this section. 
(d) The Secretary shall use the sums identified in sub-
section (c) outside the State of Utah to: 
(1) restore damaged natural ecosystems on public lands 
and waterways affected by the Federal Reclamation pro-
gram; 
(2) acquire, from willing sellers only, other lands and 
properties, including water rights, or appropriate interests 
therein, with restorable damaged natural ecosystems, and 
restore such ecosystems; 
(3) provide jobs and sustainable economic development 
in a manner that carries out the other purposes of this 
subsection; 
(4) provide expanded recreational opportunities; and 
(5) support and encourage research, training, and edu-
cation in methods and technologies of ecosystem restora-
tion. 
(e) In implementing subsection (d), the Secretary shall 
give priority to restoration and acquisition of lands and prop-
erties or appropriate interests therein where repair of 
compositional, structural, and functional values will: 
(1) reconstitute natural biological diversity that has 
been diminished; 
(2) assist the recovery of species populations, commu-
nities, and ecosystems that are unable to survive on-site 
without intervention; 
(3) allow reintroduction and reoccupation by native 
flora and fauna; 
(4) control or eliminate exotic flora and fauna that 
are damaging natural ecosystems; 
(5) restore natural habitat for the recruitment and 
survival offish, waterfowl, and other wildlife; 
(6) provide additional conservation values to State and 
local government lands; 
(7) add to structural and compositional values of exist-
ing ecological preserves or enhance the viability, defensibil-
ity, £uid manageabiUty of ecological preserves; and 
(8) restore natural hydrological effects including sedi-
ment and erosion control, drainage, percolation, and other 
water quaUty improvement capacity. 
SEC. 315. FISH, WILDLIFE, AND RECREATION SCHEDULE. 
The mitigation and conservation projects and features shall 
be implemented in accordance with the following schedide: 
106 STAT. 4642 
PUBLIC LAW 102-575—OCT. 30, 1992 
FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Projects and Features 
Instream flows: 
l.a. Lease of Daniels Creek water 
b. Acquisition of Daniels Creek 
water rights to restore Upper 
Strawberry River flows and the 
Daniels Creek replacement pipe-
line ($3,500,000 shall be treated 
as section 8) [Sec. 303(b)] 
2.a. Acquisition of 25,000 AF on 
Prove 
River 
for 
streamflows 
from Murdock Diversion to Utah 
Lake [Sec. 302] 
b. Modify or replace diversion 
structures on Provo River from 
Murdock 
Diversion 
to 
Utah 
Lake [Sec. 302] 
3. Study and mitigation plan for 
excessive flows in the Provo 
River [Sec. 303(d)] 
Subtotal 
Instream flows: 
l.a. Lease of Daniels Creek water 
rights 
b. Acquisition of Daniels Creek 
water rights to restore Upper 
Strawberry River flows and the 
Daniels Creek replacement pipe-
line ($3,500,000 shall be treated 
as section 8) [Sec. 303(b)] 
2.a. Acquisition of 25,000 AF on 
Provo 
River for 
streamflows 
from Murdock Diversion to Utah 
Lake [Sec. 302] 
b. Modify or replace diversion 
structures on Provo River from 
Murdock Diverasion to Utah 
Lake [Sec. 302] 
3. Study and mitigation plan for 
excessive flows in the Provo 
River [Sec. 303(d)] 
Subtotal 
Wildlife lands and improvement: 
1. Acquisition of big game winter 
range [Sec. 305(a)] 
2. C!onstruction of big game cross-
ings and escape ramps—Provo 
Res. 
Canal, 
Highline 
Canal, 
Strawberry Power Canal or oth-
ers [Sec. 305(b)] 
Subtotal 
Wildlife lands and improvement: 
1. Acquisition of big game winter 
range [Sec. 305(a)] 
Appropriations (Thousands of 1990 Dollars) 
TOTAL 
$500 
$10,000 
$15,000 
$4,000 
$500 
$30,000 
FY96 
$0 
$0 
$0 
$500 
$100 
$600 
TOTAL 
$1,300 
$750 
$2,050 
FY96 
$500 
FY93 
$500 
$10,000 
$6,000 
$500 
$100 
$16,100 
FY97 
$0 
$0 
$0 
$0 
$100 
$100 
FY93 
$0 
$0 
$0 
FY97 
$500 
FY94 
$0 
$0 
$5,000 
$1,500 
$100 
$6,600 
FY98 
$0 
$0 
$0 
$0 
$0 
$0 
FY94 
$100 
$0 
$100 
FY98 
$0 
FY95 
$0 
$0 
5,000 
$1,500 
$100 
$6,600 
Fy95 
$200 
$250 
$450 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4643 
FISH. WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE—Continued 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Projects and Features 
2. Construction of big game cross-
ings and escape ramps—^Provo 
Res. 
Canal, 
Highline 
Canal, 
Strawberry Power Canal or oth-
era [Sec. 306(b)] 
Subtotal 
Wetland 
acquisition, 
rehabilitation, 
and development: 
1. Rehabilitation & enhancement 
of wetlands around Great Salt 
liflke [Sec. 306(a)] 
2. Wetland acquisition along the 
Jordan River [Sec. 311(c)] 
3. Inventory of sensitive species 
and ecosystems [Sec. 306(b)] 
4. Acquisition of lands, watera, 
and interests for Utah Lake 
Wetland 
Preserve 
[Sec. 
306(cX9)] 
Subtotal 
Wetland 
acquisition, 
rehabilitation, 
and develc^ment: 
1. Rehabilitation & enhancement 
of wetlands around Great Salt 
Lake [Sec. 306(a)] 
2. Wetland acquisition along the 
Jordan River [Sec. 311(c)] 
3. Inventory of sensitive species 
and ecosystems [Sec. 306(b)] 
4. Acquisition of lands, watera, 
and interests for Utah Lake 
Wetland 
Preserve 
[Sec. 
303(cX9)] 
Subtotal 
Fisheries acquisition and restoration: 
1. Fish habitat restoration on 
Provo River between Jordanelle 
Dam and Deer Creek Reservoir 
[Sec. 307(1)] 
2. Fish habitat improvements to 
streams impacted by Federal 
reclamation projects in Utah 
[Sec. 307(2)] 
3. Rehabilitation of tributaries to 
Strawberry Reservoir for trout 
4. 
Strawberry 
Reservoir 
post-
treatment management and de-
velopment [Sec. 307(4)] 
5. Study and facilitate develop-
ment to improve Utah Lake 
warm-water fishery [Sec. 307(5)] 
^propriations (Thousands of 1990 DoUara) 
TOTAL 
$250 
$750 
FY96 
$14,000 
$7,000 
$1,500 
$16,690 
$39,190 
Fy96 
$2,600 
$2,000 
$250 
$3,000 
$7,860 
TOTAL 
$750 
$4,000 
$1,000 
$1,500 
$1,000 
FY93 
$250 
$750 
FY97 
$1,000 
$300 
$250 
$1,690 
$3,240 
Fy97 
$2,600 
$2,600 
$250 
$3,000 
$7,860 
FY93 
$50 
$0 
$200 
$300 
$150 
FY94 
$0 
$0 
FY98 
$2,600 
$1,200 
$250 
$3,000 
$7,050 
Fy98 
$2,600 
$0 
$250 
$3,000 
$5,860 
FY94 
$0 
$400 
$200 
$300 
$150 
FY95 
$2,600 
$1,500 
$250 
$3,000 
$7,350 
FY95 
$100 
$600 
$200 
$300 
$200 
106 STAT. 4644 
PUBLIC LAW 102-575—OCT. 30, 1992 
FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE—Continued 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Projects and Features 
6. Fish habitat improvements to 
Diamond Fork and Sixth Water 
Creek drainages [Sec. 307(6)] .... 
7. Restoration of native cutthroat 
trout populations [Sec. 307(7)]... 
8. Fish habitat improvements to 
the Jordan River [Sec. 311(a)] ... 
9. Stabilization of Upper Prove 
River reservoirs for fishery im-
provement [Sec. 308] 
10. Development of additional fish 
hatchery production for CRSP 
waters in Utah [Sec. 313] 
Subtotal 
Fisheries acquisition and restoration: 
1. Fish habitat restoration on 
Prove River between Jordanelle 
Dam and Deer Creek Reservoir 
[Sec. 307(1)] 
2. Fish habitat improvements to 
streams impacted by Federal 
reclamation projects in Utah 
[Sec. 307(2)] 
3. Rehabilitation of tributaries to 
Strawberry Reservoir for trout 
reproduction [Sec. 307(3)] 
4. 
Strawberry 
Reservoir 
post-
treatment management and de-
velopment [Sec. 307(4)] 
5. Study and facilitate develop-
ment to improve Utah Lake 
warmwater fishery [Sec. 307(5)] 
6. Fish habitat improvements to 
Diamond Fork and Sixth Water 
Creek drainages [Sec. 307(6)] .... 
7. Restoration of native cutthroat 
trout populations [Sec. 307(7)]... 
8. Fish habitat improvements to 
the Jordan River [Sec. 311(a)] ... 
9. Stabilization of Upper Prove 
River reservoirs for fishery im-
10. Development of additional fish 
hatchery production for CRSP 
waters in Utah [Sec. 313] 
Subtotal 
Watershed improvements: 
1. Projects for watershed improve-
ment, erosion control, wildlife 
range 
improvements 
in 
Avintaquin Cr, Red Cr, Currant 
Cr and other drainages [Sec. 
307(8)] 
2. Watershed, stream and riparian 
improvements in Fremont River 
drainage [Sec. 313(a)] 
^propriations (Thousands of 1990 Dollars) 
TOTAL 
$1,000 
$475 
$1,150 
$5,000 
$22,800 
$38,675 
FY96 
$200 
$1,000 
$200 
$300 
$150 
$100 
$100 
$300 
$500 
$5,000 
$7,850 
TOTAL 
$2,500 
$1,125 
FY93 
$0 
$50 
$0 
$0 
$100 
$850 
Fy97 
$200 
$1,000 
$200 
$300 
$150 
$500 
$100 
$400 
$2,000 
$5,000 
$9,850 
Fy93 
$0 
$125 
FY94 
$0 
$50 
$0 
$0 
$3,500 
$4,600 
Fy98 
$200 
$1,000 
$0 
$0 
$200 
$400 
$100 
$350 
$2,500 
$5,000 
$9,750 
FY94 
$500 
$200 
FY95 
$0 
$75 
$100 
$0 
$4,200 
$5,775 
Fy95 
$500 
$200 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4645 
FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE—Continued 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Projects and Features 
3. Small dam and watershed im-
provements in the CRSP area in 
Utah [Sec. 313(b)] 
Subtotal 
Watershed Improvements: 
1. Projects for watershed improve-
ment, erosion control, wildlife 
range 
improvements 
in 
Avintaquin Cr, Red Cr, Currant 
Cr and other drainages [Sec. 
307(8)] 
2. Watershed, stream and riparian 
improvements in Fremont River 
drainage [Sec. 313(a)] 
3. Small dam and watershed im-
provements in the CRSP area in 
Utah [Sec. 313(b)] 
Subtotal 
Stream Access and Riparian Habitat 
Development: 
1. Rehabilitation of riparian habi-
tat along Provo River from 
Jordanelle Dam to Utah Lake 
[Sec. 309(aXl)] 
2. Restoration of watersheds and 
riparian habitats in the Dia-
mond Fork and Sixth Water 
Creek drainages [Sec. 309(aX2)] 
3. Watershed stabilization, terres-
trial wildlife habitat improve-
ments and road closures [Sec. 
309(aX3)] 
4. Acquisition of angler and other 
recreational access, in addition 
to the 1988 DPR [Sec. 309(aX4)] 
5. 
Study 
of 
riparian 
impacts 
caused by CUP from reduced 
streamflows, and identify miti-
gation 
opportunities 
[Sec. 
309(b)] 
6. Riparian rehabilitation and de-
velopment along Jordan River 
[Sec. 311(b)] 
Subtotal 
Stream Access and Riparian Habitat 
Development: 
1. Rehabilitation of riparian habi-
tat 
along Provo River from 
Jordanelle Dam to Utah Lake 
[Sec. 309(aXl)] 
2. Restoration of watersheds and 
riparian habitats in the Dia-
mond Fork and Sixth Water 
Creek drainages [Sec. 309(aX2)] 
Appropriations (Thousands of 1990 Dollars) 
TOTAL 
$4,000 
$7,625 
PY96 
$500 
$200 
$700 
$1,400 
TOTAL 
$750 
$250 
$350 
$8,500 
$400 
$750 
$11,000 
FY96 
$250 
$100 
FY93 
$500 
$625 
FY97 
$500 
$200 
$700 
$1,400 
FY93 
$0 
$0 
$0 
$500 
$50 
$75 
$625 
FY97 
$0 
$100 
Fy94 
$700 
$1,400 
FY98 
$500 
$200 
$700 
$1,400 
FY94 
$250 
$0 
$0 
$1,000 
$75 
$75 
$1,400 
FY98 
$0 
$0 
FY96 
$700 
$1,400 
Fy95 
$250 
$50 
$50 
$1,500 
$75 
$150 
$2,075 
106 STAT. 4646 
PUBLIC LAW 102-575—OCT. 30, 1992 
FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE—Continued 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Projects and Features 
3. Watershed stabilization, terres-
trial wildlife habitat improve-
ments and road closures [Sec. 
309(aX3)] 
4. Acquisition of angler and other 
recreational access, in addition 
to the 1988 DPR [Sec. 309(aX4)] 
6. 
Study 
of riparian 
impacts 
caused by CUP from reduced 
Btreamflows, and identify miti-
gation 
opportunities 
[Sec. 
309(b)] 
6. Riparian rehabilitation and de-
velopment along Jordan River 
[Sec. 311(b)] 
Subtotal 
Recreation funds: 
1. Recreational improvements at 
Utah Lake [Sec. 312(a)] 
2. Recreation facilities at other 
CUP features, as recommended 
(Sec. 312(b)] 
3. Prove/Jordan River Parkway 
4. Prove River corridor develop-
ment [Sec. 311(e)] 
Subtotal 
Total Additional 
Recreation funds: 
1. Recreational improvements at 
Utah Lake [Sec. 312(a)] 
2. Recreation facUities at other 
CUP features, as recommended 
[Sec. 312(b)] 
3. Provo/Jordan River Parkway 
Development [Sec. 311(d)] 
4. Provo River corridor develop-
ment [Sec, 311(e)] 
Subtotal 
Total Additional 
Strawbeny collection system: 
1. Aoquiro angler access on about 
35 miles of streams identified in 
the Aquatic Mitigation Plan 
2. Construct fish habitat improve-
ments on about 70 miles of 
streams as identified in the 
3. Rehabilitation of Strawbeny 
Prqject wildlife 
and 
riparian 
Subtotal 
Appropriations (Thousands of 1990 Dollars) 
TOTAL 
$100 
$1,500 
$75 
$150 
$2,175 
TOTAL 
$2,000 
$750 
$1,000 
$1,000 
$4,750 
$1334290 
FY96 
$400 
$150 
$200 
$200 
$950 
$21,575 
$2,700 
$3,990 
$3,000 
$9,690 
FY93 
$100 
$2,000 
$75 
$150 
$2,425 
FY93 
$125 
$50 
$0 
$0 
$175 
$21,615 
Fy97 
$400 
$150 
$300 
$300 
$1,150 
$23,525 
$900 
$666 
$600 
$3,966 
Fy94 
$100 
$2,000 
$50 
$150 
$2,300 
FY94 
$275 
$100 
$75 
$75 
$525 
$21,675 
Fy98 
$400 
$150 
$350 
$350 
$1,250 
$20,550 
$900 
$803 
$600 
$1,403 
FY95 
FY95 
$400 
$150 
$76 
$75 
$700 
$24,350 
$900 
$790 
$600 
$1,390 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4647 
FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE—Continued 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Pngects and Features 
Strawberry ooUecUon system: 
1. Acquire an^er access on about 
36 miles of streams identified in 
the Aquatic Mitigation Plan 
2. Construct fish habitat improve-
ments on about 70 miles of 
streams as identified in 
the 
3. Rehabilitation of Strawberry 
Project 
wildlife 
and 
riparian 
Subtotal 
Duchesne canal rehabilitation: 
1. Acquire and develop 782 acres 
along Duchesne River 
Subtotal 
Duchesne canal rehabiUtation: 
1. Acquire and develop 782 acres 
Subtotal 
Municipal and industry system: 
1. Fence and develop big game on 
north shoreline of Jordanelle 
2. Acquire angler access to entire 
reach 
of 
Prove 
River 
from 
Jordanelle Dam to Deer Creek 
Reservoir 
3. Acquire and develop 100 acres 
<d wetland at base <k Jordanelle 
Subtotal 
Total DPR 
Grand Total 
Municipal and industry system: 
1. Fence and develop big game on 
north shoreline of Jordanelle 
2. Acquire an^er access to entire 
reach 
of 
Prove 
River 
from 
Jordanelle Dam to Deer Creek 
3. Acquire and develop 100 acres 
of wetland at base o^ Jordanelle 
Subtotal 
Appropriations (Thousands of 1990 Dollars) 
TOTAL 
Fy96 
$0 
$453 
$600 
$1,053 
TOTAL 
$160 
$160 
FY96 
$0 
$0 
TOTAL 
$226 
$1,050 
$900 
$2,176 
$12,026 
$145,316 
FY96 
$0 
$0 
$0 
$0 
FY93 
FY97 
$0 
$604 
$600 
$1,204 
Fy93 
$160 
$160 
FY97 
$0 
$0 
FY93 
$100 
$525 
$900 
$1,525 
$5,651 
$27,266 
FY97 
$0 
$0 
$0 
$0 
FY94 
FY98 
$0 
$674 
$0 
$674 
FY94 
$0 
$0 
FY98 
$0 
$0 
FY94 
$126 
$525 
$0 
$651 
$2,054 
$23,729 
FY98 
$0 
$0 
$0 
$0 
FY95 
FY95 
$0 
$0 
FY95 
$0 
$0 
$0 
$0 
$1,390 
$25,740 
106 STAT. 4648 
PUBLIC LAW 102-575—OCT. 30, 1992 
FISH, WILDLIFE, AND RECREATION MITIGATION AND 
CONSERVATION SCHEDULE—Continued 
I. BUDGET TO IMPLEMENT ADDITIONAL RECLAMATION MITIGATION 
Projects and Features 
Total DPR 
Grand Total 
Appropriations (Thousands of 1990 Dollars) 
TOTAL 
$1,053 
$22,628 
FY93 
$1,204 
$24,729 
FY94 
$674 
$21,224 
FY95 
TITLE IV—UTAH RECLAMATION MITIGATION AND 
CONSERVATION ACCOUNT 
SEC. 401. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds t h a t ^ 
(1) the State of Utah is a State in which one of the largest 
trans-basin water diversions occurs, dewatering importent 
natural areas as a result of the Colorado River Storage Project; 
(2) the State of Utah is one of the most ecologically signifi-
cant States in the Nation, and it is therefore important to 
protect, mitigate, and enhance sensitive species and ecosystems 
through effective long-term mitigation; 
(3) the challenge of mitigating the environmental con-
sequences associated with trans-basin water diversions are com-
plex and involve many projects and measures (some of which 
are presently unidentifiable) and the costs for which will con-
tinue after projects of the Colorado River Storage Project in 
Utah are completed; and 
(4) environmental mitigation associated with the develop-
ment of the projects of the Colorado River Storage Project 
in the State of Utah are seriously in arrears. 
(b) PURPOSES.—^The purpose of this title is to establish an 
ongoing accoimt to ensure that— 
(1) the level of environmental protection, mitigation, and 
enhancement achieved in connection with projects identified 
in this Act and elsewhere in the Colorado River Storage Project 
in the State of Utah is preserved and maintained; 
(2) resources are available to manage and maintain invest-
ments in fish and wildlife and recreation features of the projects 
identified in this Act and elsewhere in the Colorado River 
Storage Project in the State of Utah; 
(3) resources are available to address known environmental 
impacts of the projects identified in this Act and elsewhere 
in the Colorado River Storage Project in the State of Utah 
for which no funds are being specifically authorized for appro-
priation and earmarked imder tnis Act; and 
(4) resources are available to address presently unknown 
environmental needs and opportunities for enhancement within 
the areas of the State of Utah affected by the projects identified 
in this Act and elsewhere in the Colorado River Storage Project. 
SEC. 402. UTAH RECLAMATION MITIGATION AND CONSERVATION 
ACCOUNT. 
(a) ESTABLISHMENT.—There is hereby established in the Treas-
ury of the United States a Utah Reclamation Mitigation and Con-
servation Account (hereafter in this title referred to as the 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4649 
"Account"). Amounts in the Account shall be available for the pur-
poses set forth in section 401(b). 
(b) DEPOSITS INTO THE ACCOUNT.—^Amounts shall be deposited 
into the Account as follows: 
(1) STATE CONTRIBUTIONS.—^In each of fiscal years 1994 
through 2001, or until the fiscal year in which the project 
is declared substcuitially complete, whichever occurs first, a 
voluntary contribution of $3,000,000 from the State of Utah. 
(2) FEDERAL CONTRIBUTIONS.—In each of fiscal years 1994 
through 2001, or until the fiscal year in which the project 
is declared substantially complete, whichever occurs first, 
$5,000,000 from amounts authorized to be appropriated by 
section 201, which shall be treated as an expense under section 
8. 
(3) CONTRIBUTIONS FROM PROJECT BENEFICIARIES.—(A) In 
each of fiscal years 1994 through 2001, or until the fiscal 
year in which the project is declared substantially complete 
in accordance with this Act, whichever occurs first, $750,000 
in non-Federal funds from the District. 
(B) $5,000,000 annually by the Secretary of Energy out 
of funds appropriated to the Western Area Power Administra-
tion, such expenditures to be considered nonreimbursable and 
nonretumable. 
(C) The annual contributions described in subparagraphs 
(A) and (B) shall be increased proportionally on March 1 of 
each year by the same percentage increase during the previous 
calendar year in the Consumer Price Index for urban consum-
ers, published by the Department of Labor. 
(4) INTEREST AND UNEXPENDED FUNDS.—(A) Any amount 
authorized and earmarked for fish, vdldlife, or recreation 
expenditures which is appropriated but not obligated or 
expended by the Commission upon its termination imder section 
301. 
(B) All fiinds annually appropriated to the Secretary for 
the Conmussion. 
(C) All interest earned on amounts in the Account. 
(D) Amounts not obligated or expended after the completion 
of a construction project and available pursuant to section 
301(j). 
(c) OPERATION OF THE ACCOUNT.—<1) All funds deposited as 
principal in the Account shall earn interest in the amount deter-
mined by the Secretary of the Treasury on the basis of the current 
average market jrield on outstanding marketable obligations of the 
United States of comparable maturities. Such interest shall be 
added to the principal of the Account until completion of the projects 
and features specified in the schedule in section 315. After comple-
tion of such projects and features, all interest earned on amounts 
remaining in or deposited to the principal of the Account shall 
be available to the Commission pursuant to subsection (cX2) of 
this section. 
(2) The Commission is authorized to administer and expend 
without fiirther authorization and appropriation by Congress all 
sums deposited into the Account pursuant to subsections (bX4XD), 
(bX3XA), and (bX3XB), as well as interest not deposited to the 
principal of the Account pursuant to paragraph (1) of this sub-
section. The Commission may elect to aeposit funds not expended 
106 STAT. 4650 
PUBLIC LAW 102-575—OCT. 30, 1992 
under subsections (bX4XD), (bX3XA), and (bX3XB) into the Account 
as principal. 
(3) All amounts deposited in the Account pursuant to sub-
sections (b) (1) and (2), and any amount deposited as principal 
under paragraphs (cXl) and (cX2), shall constitute the principal 
of the Account. No part of the principal amount may be expended 
for any purpose. 
(d) ADMINISTRATION BY THE UTAH DIVISION OF WILDUFE 
RESOURCES.—(1) After the date on which the Commission termi-
nates under section 301, the Utah Division of Wildlife Resources 
or its successor shall receive— 
(A) all amounts contributed annually to the Accoimt pursu-
ant to section 402(bX3)(B); and 
(B) all interest on the principal of the Accoimt, at the 
beginning of each year. The portion of the interest earned 
on the principal of the Account that exceeds the amount 
required to increase the principal of the Account proportionally 
on March 1 of each year by the percentage increase during 
the previous calendar year in the Consumer Price Index for 
urban consiuners published by the Department of Labor, shall 
be available for expenditure by the Division in accordance with 
this section. 
(2) The funds received by the Utah Division of Wildlife 
Resources under paragraph (1) shall be expended in a manner 
that fulfills the purposes of the Accoimt established under this 
Act, in consultation with and pursuant to, a conservation plan 
and amendments thereto to be developed by the Utah Division 
of Wildlife Resources, in cooperation with the United States Forest 
Service, the Bureau of Land Management of the Department of 
the Interior, and the United States Fish and Wildlife Service. 
(3) The funds to be distributed from the Account shall not 
be applied as a substitute for funding which would otherwise be 
provided or available to the Utah Division of Wildlife Resources. 
(e) AUDIT BY INSPECTOR GENERAL.—The financial management 
of the Account shall be subject to audit by the Inspector General 
of the Department of the Interior. 
TITLE V—UTE INDIAN RIGHTS SETTLEMENT 
SEC. SOI. FINDINGS. 
(a) FINDINGS.—^The Congress finds the following— 
(1) the unquantified Federal reserved water rights of the 
Ute Indian Tribe are the subject of existing claims and prospec-
tive lawsuits involving the United States, the State, and the 
District and numerous other water users in the Uinta Basin. 
The State and the Tribe negotiated, but did not implement, 
a compact to quantify the Tribe's reserved water rights. 
(2) There are other unresolved Tribal claims arising out 
of an agreement dated September 20, 1965, where the Tribe 
deferred development of a portion of its reserved water rights 
for 15,242 acres of the Tribe's Group 5 Lands in order to 
facilitate the construction of the Bonneville Unit of the Central 
Utah Project. In exchange the United States undertook to 
develop substitute water for the benefit of the Tribe. 
(3) It was intended that the Central Utah Project, through 
construction of the Ui)alco and Uintah Units (Initial Phase) 
and the Ute Indian Unit (Ultimate Phase) would provide water 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4651 
for growth in the Uinta Basin and for late season irrigation 
for both the Indians and non-Indian water users. However, 
construction of the Upsilco and Uintah Units has not been 
undertsdcen, in part because the Bureau was unable to find 
adequate and economically feasible reservoir sites. The Ute 
Indian Unit has not been authorized by Congress, and there 
is no present intent to proceed with Ultimate Phase con-
struction. 
(4) Without the implementation of the plans to construct 
additional storage in the Uinta Basin, the water users (both 
Indian and non-Indian) continue to suffer water shortages and 
resulting economic decline. 
(b) PURPOSE.—^This Act and the proposed Revised Ute Indian 
Compact of 1990 are intended to— 
(1) quantify the Tribe's reserved water rights; 
(2) allow increased beneficial use of such water; and 
(3) put the Tribe in the same economic position it would 
have enjoyed had the features contemplated by the Septem-
ber 20,1965 Agreement been constructed. 
SEC. 602. PROVISIONS FOR PAYMENT TO THE UTE INDIAN TRIBE. 
(a) BONNEVILLE UNIT TRIBAL CREDITS.—<1) Commencing one 
year after the date of enactment of this Act, and continuing for 
fifty years, the Tribe shall receive from the United States 26 percent 
of the annual Bonneville Unit municipal and industrial capital 
repayment obligation attributable to thirty-five thousand five him-
dred acre-feet of water, which represents a portion of the Tribe's 
water rights that were to be supplied by storage from the Central 
Utah Project, but will not be supplied because the Upalco and 
Uintah units are not to be constructed. 
(2XA) Commencing in the year 2042, the Tribe shall collect 
from the District 7 percent of the then fair market value of thirty-
five thousand five hundred acre-feet of Bonneville Unit agricultural 
water which has been converted to municipal and industrial water. 
The fair market value of such water shall be recalculated every 
five years. 
(B) In the event thirty-five thousand five hundred acre-feet 
of Bonneville Unit converted agricultural water to municipal and 
industrial have not yet been marketed as of the year 2042, the 
Tribe shall receive 7 percent of the fair market value of the first 
thirty-five thousand five hundred acre-feet of such water converted 
to municipal and industrial water. The monies received by the 
Tribe under this title shall be utilized by the Tribe for governmental 
purposes, shall not be distributed per capita, and shall be used 
to enhance the educational, social, and economic opportunities for 
the Tribe. 
(b) 
BONNEVILLE UNIT TRIBAL WATERS.—The Secretary 
is 
authorized to make any imused capacity in the Bonneville Unit 
Strawberry Aqueduct and Collection System diversion facilities 
available for use by the Tribe. Unused capacity shall constitute 
capacity, only as available, in excess of the needs of the District 
for delivery of Bonneville Unit water and for satisfaction of mini-
mum streamflow obligations established by this Act. In the event 
that the Tribe elects to place water in these components of the 
Bonneville Unit system, the Secretary and District shall only impose 
an operation and maintenance charge. Such charge shall commence 
at the time of the Tribe's use of such facilities. The operation 
106 STAT. 4652 
PUBLIC LAW 102-575—OCT. 30, 1992 
and maintenance charge shall be prorated on a per acre-foot basis, 
but shall only include the operation and maintenance costs of facili-
ties used by the Tribe and shall only apply when the Tribe elects 
to use the facilities. As provided in the Ute Indian Compact, trans-
fers of certain Indian reserved rights water to different lands or 
different uses will be made in accordance with the laws of the 
State of Utah governing change or exchange applications. 
(c) ELECTION TO RETURN TRIBAL WATERS.—Notwithstanding 
the authorization provided for in subparagraph (b), the Tribe may 
at any time elect to return all or a portion of the water whicn 
it delivered under subparagraph (b) for use in the Uinta Basin. 
Any such Uinta Basin use shall protect the rights of non-Indian 
water users existing at the time of the election. Upon such election, 
the Tribe will relinquish any and all rights which it may have 
acquired to transport such water through the Bonneville Unit 
facilities. 
SEC. 503. TRIBAL USE OF WATER. 
(a) RATIFICATION OF REVISED UTE INDIAN COMPACT.—^The 
Revised Ute Indian Compact of 1990, dated October 1, 1990, reserv-
ing waters to the Ute Indian Tribe and establishing the uses and 
management of such Tribal waters, is hereby ratified and approved, 
subject to re-ratification by the State and the Tribe. The Secretary 
is authorized to take all actions necessary to implement the Com-
pact. 
(b) THE INDIAN INTERCOURSE ACT.—The provisions of section 
2116 of the Revised Statutes (25 U.S.C. 177) shall not apply to 
any water rights confirmed in the Compact. Nothing in this sub-
section shall be considered to amend, construe, supersede or pre-
empt any State law. Federal law, interstate compact or inter-
national treaty that pertains to the Colorado River or its tributaries, 
including the appropriation, use, development and storage, regula-
tion, allocation, conservation, exportation or quality of those waters. 
(c) RESTRICTION ON DISPOSAL OF WATERS INTO THE LOWER 
COLORADO RIVER BASIN.—None of the waters secured to the Tribe 
in the Revised Ute Indian Compact of 1990 may be sold, exchanged, 
leased, used, or otherwise disposed of into or in the Lower Colorado 
River Basin, below Lees Ferry, unless water rights within the 
Upper Colorado River Basin in the State of Utah held by non-
Federal, non-Indian users could be so sold, exchanged, leased, used, 
or otherwise disposed of under Utah State law, Federal law, inter-
state compacts, or international treaty pursuant to a final, non-
appealable order of a Federal court or pursuant to an agreement 
of the seven States signatory to the Colorado River Compact; Pro-
vided, however. That in no event shall such transfer of Indian 
water rights take place without the filing and approval of the 
appropriate applications with the Utah State Engineer pursuant 
to Utah State law. 
(d) U S E OF WATER RIGHTS.—^The use of the rights referred 
to in subsection (a) within the State of Utah shall be governed 
solely as provided in this section and the Revised Compact referred 
to in section 503(a). The Tribe may voluntarily elect to sell, 
exchange, lease, use, or otherwise dispose of any portion of a water 
right confirmed in the Revised Compact off the Uintah and Ouray 
Indian Reservation. If the Tribe so elects, and as a condition prece-
dent to such sale, exchange, lease, use, or other disposition, that 
portion of the TVibe's water right shall be changed to a State 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4653 
water right, but shall be such a State water right only during 
the use of that right off the reservation, and shall be fully subject 
to State laws, Federal laws, interstate compacts, and international 
treaties applicable to the Colorado River and its tributaries, includ-
ing the appropriation, use, development, storage, regulation, alloca-
tion, conservation, exportation, or quality of those waters. 
(e) RULES OF CONSTRUCTION.—Nothing in titles II through VI 
of this Act or in the Revised Ute Indian Compact of 1990 shall— 
(1) constitute authori^ for the sale, exchange, lease, use, 
or other disposal of any Federal reserved water right off the 
reservation; 
(2) constitute authori^ for the sale, exchange, lease, use, 
or other disposal of any Tribal water right outside the State 
of Utah; or 
(3) be deemed a congressional determination that any hold-
ers of water rights do or do not have authority imder existing 
law to sell, exchange, lease, use, or otherwise dispose of such 
water or water rights outside the State of Utah. 
SEC. 604. TRIBAL FARMING OPERATIONS. 
Of the amounts authorized to be appropriated by section 501, 
$45,000,000 is authorized for the Secretary to permit the Tribe 
to develop over a three-year period— 
(1) a seven thousand five himdred acre farming/feed lot 
operation equipped with satisfactory off-farm and on-farm water 
facilities out of tribal 
ly-owned lands and adjoining non-Indian 
lands now served by the Uintah Indian Irrigation Project; 
(2) a plan to reduce the Tribe's expense on the remaining 
sixteen thousand acres of tribal land now served by the Uintah 
Indian Irrigation Project; and 
(3) a fund to permit tribal members to upgrade their 
individual farming operations. 
Any non-Indian lands acquired under this section shall be acquired 
from willing sellers and shall not be added to the reservation 
of the Tribe. 
SEC. 506. RESERVOIR, STREAM, HABITAT AND ROAD IMPROVEMENTS 
WITH RESPECT TO THE UTE INDIAN RESERVATION. 
(a) REPAIR OF CEDARVIEW RESERVOIR.—Of the amount author-
ized to be appropriated by section 201, $5,000,000 shall be available 
to the Secretary, in coopneration with the Tribe, to repair the leak 
in Cedarview Reservoir in Dark Canyon, Duchesne Coimty, Utah, 
so that the resultant surface area of the reservoir is two nundred 
and ten acres. 
(b) RESERVATION STREAM IMPROVEMENTS.—Of the amoimt 
authorized to be appropriated by section 201, $10,000,000 shall 
be available for the Secretary, in cooperation with the Tribe and 
in consultation vdth the Commission, to undertake stream improve-
ments to not less than 53 linear miles (not counting meanders) 
for the Pole Creek, Rock Creek, Yellowstone River, Lake Fork 
River, Uinta River, and Whiterocks River, in the State of Utah. 
Nothing in this authorization shall increase the obligation of the 
District to deliver more than 44,400 acre-feet of Central Utah 
Project water as its contribution to the preservation of minimum 
stream flows in the Uinte Basin. 
(c) BOTTLE HOLLOW RESERVOIR.—Of the amount authorized 
to be appropriated by section 201, $500,000 in an initial appropria-
tion shall be available to permit the Secretory to clean tne Bottle 
106 STAT. 4654 
PUBLIC LAW 102-575—OCT. 30, 1992 
Hollow Reservoir on the Ute Indian Reservation of debris and 
trash resulting from a submerged sanitary landfill, to remove all 
non-game fish, and to secure minimum flow of water to the reservoir 
to make it a suitable habitat for a cold water fishery. The United 
States, and not the Tribe, shall be responsible for cleanup and 
all other responsibilities relating to the presently contaminated 
Bottle Hollow waters. 
(d) MINIMUM STREAM FLOWS.—AS a minimum, the Secretanr 
shall endeavor to maintain continuous releases into Rock Creek 
to maintain twenty-nine cubic feet per second during May through 
October and continuous releases into Rock Creek of twentv-three 
cubic feet per second during November through April, at the res-
ervation boundary. Nothing in this authorization shall increase 
the obligation of the District to deliver more than forty-four thou-
sand four hundred acre-feet of Central Utah Project water as its 
contribution to the preservation of minimiun stream flow in the 
Uinta Basin. 
(e) LAND TRANSFER.—The Bureau shall transfer 315 acres of 
land to the Forest Service, located at the proposed site of the 
Lower Stillwater Reservoir as a wildlife mitigation measure. 
(f) RECREATION ENHANCEMENT.—Of the amount authorized to 
be appropriated by section 201, $10,000,000 shall be available for 
the Secretary, in cooperation with the Tribe, to permit the Tribe 
to develop, after consultation with the appropriate fish, wildlife, 
and recreation agencies, big game hunting, fisheries, camp^roimds 
and fish and wildlife management facilities, including administra-
tion buildings and grounds on the Uintah and Ouray Reservation, 
in lieu of the construction of the Lower Stillwater Dam and related 
facilities. 
(g) MUNICIPAL WATER CONVEYANCE SYSTEM.—Of the amounts 
authorized to be appropriated in section 201, $3,000,000 shall be 
available to the Secretary for participation by the Tribe in the 
construction of pipelines associated with the Duchesne Coiuity 
Municipal Water Conveyance System. 
SEC. SOS. TRffiAL DEVELOPMENT FUNDS. 
(a) ESTABLISHMENT.—Of the amount authorized to be appro-
priated by section 201, there is hereby established to be appro-
priated a total amount of $125,000,000 to be paid in three annual 
and equal installments to the Tribal Development Fund which 
the Secretary is authorized and directed to establish for the Tribe. 
(b) ADJUSTMENT.—^To the extent that any portion of such 
amoimt is contributed after the period described above or in 
amounts less than described above, the Tribe shall, subject to 
appropriation Acts, receive, in addition to the full contribution 
to the Tribal Development Fund, an adjustment representing the 
interest income as determined bv the Secretary, in his sole discre-
tion, that would have been eamea on any unpaid amount. 
(c) TRIBAL DEVELOPMENT.—The Tribe shall prepare a Tribal 
Development Plan for all or a part of this Tribal Development 
Fimd. Such Tribal Development Plan shall set forth from time 
to time economic projects proposed by the Tribe which in the opinion 
of two independent financial consultants are deemed to be reason-
able, prudent and likely to return a reasonable investment to the 
Tribe. The financial consultants shall be selected by the Tribe 
with the advice and consent of the Secretary. Principal from the 
Tribal Development Fimd shall be permitted to be expended only 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4655 
in those cases where the Tribal Development Plan can demonstrate 
with specificity a compelling need to utilize principal in addition 
to income for the Tribal Development Plan. 
(d) No funds from the Trioal Development Fund shall be obli-
gated or expended by the Secretary for any economic project to 
be developed or constructed pursuant to subsection (c) of this sec-
tion, unless the Secretary has complied fully with the requirements 
of appUcable fish, wildlife, recreation, and environmental laws, 
inclumng the National Environmental Policy Act of 1969 (43 U.S.C. 
4321 et seq.). 
SEC. 607. WAIVER OF CLAIMS. 
(a) GENERAL AUTHORITY.—^The Tribe is authorized to waive 
and release claims concerning or related to water rights as described 
below. 
(b) DESCRIPTION OF CLAIMS.—The Tribe shall waive, upon 
receipt of the section 504, 505, and 506 moneys, any and all claims 
relatmg to its water rights covered under the agreement of Septem-
ber 20, 1965, including claims by the Tribe that it retains the 
right to develop lands as set forth in the Ute Indian Compact 
and deferred in such agreement. Nothing in this waiver of claims 
shall prevent the Tribe from enforcing rights granted to it imder 
this /u:t or under the Compact. To the extent necessary to effect 
a complete release of the claims, the United States concurs in 
such release. 
(c) RESURRECTION OF CLAIMS.—In the event the Tribe does 
not receive on a timely basis the moneys described in section 
502, the Tribe is authorized to bring an action for an accounting 
against the United States, if applicable, in the United States Claims 
Court for moneys owed plus interest at 10 percent, and against 
the District, if applicable, in the United States District Coiurt for 
the District of Utah foi' moneys owed plus interest at 10 percent. 
The United States and the District waive any defense based upon 
sovereign immunity in such proceedings. 
TITLE VI—ENDANGERED SPECIES ACT AND NATIONAL 
ENVIRONMENTAL POUCY ACT 
Notwithstanding any provision of titles II through V of this 
Act, nothing in suoi titles shall be interpreted as modifying or 
amending the provisions of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) or the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
TITLE Vn—LEADVILLE MINE DRAINAGE TUNNEL, 
COLORADO 
SEC. 701. AUTHORIZATION. 
The Secretary is authorized to construct, operate, and maintain 
a water treatment plant, including the disposal of sludge produced 
by said treatment plant as appropriate, and to install concrete 
Uning on the rehabilitated portion of the Leadville Mine Drainage 
Timnel, in order that water fiowing from the Leadville Tunnel 
may meet water quality standards, and to contract with the Colo-
rado Division of Wildlife to monitor concentrations of heavy metal 
contaminants in water, stream sediment, and aquatic life in the 
Arkansas River downstream of the water treatment plant. 
59-194 O—93 
4 : QL 3 (Pt. (!) 
106 STAT. 4656 
PUBLIC LAW 102-575—OCT. 30, 1992 
SEC. 702. COSTS NONREIMBURSABLE. 
Construction, operation, and maintenance costs of the works 
authorized by this title shall be nonreimbursable. 
SEC. 703. OPERATION AND MAINTENANCE. 
The Secretary shall be responsible for operation and mainte-
nance of the water treatment plant, including sludge disposal 
authorized by this title. The Secretary may contract for these 
services. 
SEC. 704. APPROPRIATIONS AUTHORIZED. 
There is hereby authorized to be appropriated beginning Octo-
ber 1, 1989, for construction of a water treatment plant for water 
flowing from the Leadville Mine Drainage Tunnel, including sludge 
disposal, and concrete lining the rehabilitated portion of the tunnel, 
the sum of $10,700,000 (October 1988 price levels), plus or minus 
such amounts, if any, as may be required by reason of ordinary 
fluctuations in construction costs as indicated by engineering cost 
indexes applicable to the types of construction involved herein £uid, 
in addition thereto, such sums as may be required for operation 
and maintenance of the works authorized by this title, including 
but not limited to $1,250,000 which shall be for a program to 
be conducted by the Colorado Division of Wildlife to monitor heavy 
metal concentrations in water, stream sediment, and aquatic life 
in the Arkansas River. 
SEC. 706. LIMITATION. 
The treatment plant authorized by this title shall be designed 
and constructed to treat the quantity and quality of effluent histori-
cally discharged from the Leadville Mine Drainage Tunnel. 
SEC. 706. DESIGN AND OPERATION NOTIFICATION. 
Prior to the initiation of construction and during construction 
of the works authorized by section 701, the Secretary shall submit 
the plans for design and operation of the works to the Administrator 
of the Environmental Protection Agency and the State of Colorado 
to obtain their views on the design and operation plans. After 
such review and consultation, the Secretary shall notify the Presi-
dent pro tempore of the Senate and the Speaker of the House 
of Representatives that the discharge from the works to be con-
structed will meet the requirements set forth in Federal Facilities 
Compliance Agreement Number FFCA 89-1, entered into by the 
Bureau of Reclamation and the Environmental Protection Agency 
on February 7, 1989, and in National Pollutant Discharge Elimi-
nation System permit Number CO 0021717 issued to the Bureau 
of Reclamation in 1975 and reissued in 1979 and 1981. 
SEC. 707. FISH AND WILDLIFE RESTORATION. 
(a) The Secretary is authorized, in consultation with the State 
of Colorado, to formulate and implement, subject to the terms 
of subsection (b) of this section, a program for the restoration 
of flsh and wildlife resources of those portions of the Arkansas 
River basin impacted by the effluent discharged from the Leadville 
Mine Drainage Tunnel. The formulation of the program shall be 
imdertaken with appropriate public consultation. 
(b) Prior to implementing the fish and wildlife restoration pro-
gram, the Secretary shall submit a copy of the proposed restoration 
program to the President pro tempore of the Senate and the Speaker 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4657 
of the House of Representatives for a period of not less than sixty 
days. 
SEC. 708. WATER QUALITY RESTORATION. 
(a) The Secretary is authorized, in consultation with the State 
of Colorado, the Administrator of the Environmental Protection 
Agency, and other Federal entities, to conduct investigations of 
water pollution sources and impacts attributed to mining-related 
and other development in the Upper Arkansas River basin, to 
develop corrective action plans, and to implement corrective action 
demonstration projects. Neither the Secretary nor any person 
participating in a corrective action demonstration project shall be 
liable under section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act for costs or damages 
as a result of actions taken or omitted in the course of implementing 
an approved work plan developed under this section; Provided, 
That this subsection shall not preclude liability for costs or damages 
which result from negligence on the part of such persons. The 
Secretary shall have no authority under this section at facilities 
which have been listed or proposed for listing on the National 
Priorities List, or are subject to or covered by the Resource Con-
servation and Recovery Act. For the purpose of this section, the 
term "Upper Arkansas River basin" means the Arkansas River 
hydrologic basin in Colorado extending from Pueblo Dam upstream 
to its headwaters. 
(b) The development of all corrective action plans and subse-
quent corrective action demonstration projects shall be undertaken 
with appropriate public involvement pursuant to a public participa-
tion plan, consistent with regulations promulgated under the Fed-
eral Water Pollution Control Act, developed by the Secretary in 
consultation with the State of Colorado and the Administrator 
of the Environmental Protection Agency. 
(c) The Secretary shall arrange for cost sharing with the State 
of Colorado and for the use of non-Federal funds and in-kind serv-
ices where possible. The Secretary is authorized to fund all State 
costs required to conduct investigations and develop corrective 
action plans. The Federal share of costs associated with corrective 
action plans shall not exceed 60 percent. 
(d) Prior to implementing any corrective action demonstration 
project, the Secretary shall submit a copy of the proposed project 
plans to the President pro tempore of the Senate and the Speaker 
of the House of Representatives. 
(e) Nothing in this title shall affect or modify in any way 
the obligations or liabilities of any person under other Federal 
or State law, including common law, with respect to the discharge 
or release of hazardous substances, pollutants, or contaminants, 
as defined under section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act. 
(f) There is authorized to be appropriated such sums as may Appropriation 
be required to fulfill the provisions of sections 707 and 708 of authorization. 
this title. 
106 STAT. 4658 
PUBLIC LAW 102-575—OCT. 30, 1992 
TITLE VIII—LAKE MEREDITH SALINITY CONTROL 
PROJECT, TEXAS AND NEW MEXICO 
SEC. 801. AUTHORIZATION TO CONSTRUCT AND TEST. 
The Secretary is authorized to construct and test the Lake 
Meredith Salinity Control Project, New Mexico and Texas, in accord-
ance with the Federal Reclamation laws (Act of June 17, 1902, 
32 Stat. 788, and Acts amendatory thereof or supplementary there-
to) and the provisions of this title and the plan set out in the 
Jime 1985 Technical Report of the Bureau of Reclamation on this 
project with such modification of, omissions from, or additions to 
the works, as the Secretary may find proper and necessary for 
the purpose of improving the quality of water delivered to the 
Canadian River downstream of Ute Reservoir, New Mexico, and 
entering Lake Meredith, Texas. The principal features of the project 
shall consist of production wells, observation wells, pipelines, pump-
ing plants, brine disposal facilities, and other appurtenant facilities. 
SEC. 802. CONSTRUCTION CONTRACT WITH THE CANADIAN RIVER 
MUNICIPAL WATER AUTHORITY. 
(a) AUTHORITY TO CONTRACT.—The Secretary is authorized to 
enter into a contract with the Canadian River Municipal Water 
Authority of Texas (hereafter in this title the "Authorit^) for the 
design and construction management of project facilities by the 
Bureau of Reclamation and for the payment of construction costs 
by the Authority. Operation and maintenance of project facilities 
upon completion of construction and testing shall be the responsibil-
ity of the Authority. 
(b) CONSTRUCTION CONTINGENT ON CONTRACT.—Construction 
of the project shall not be commenced until a contract has been 
executed by the Secretary with the Authority, and the State of 
New Mexico has grantea the necessary permits for the project 
facilities. 
SEC. 803. PROJECT COSTS. 
(a) CANADIAN RIVER MUNICIPAL WATER AUTHORITY SHARE.— 
All costs of construction of project facilities shall be advanced by 
the Authority as the non-Federal contribution toward implementa-
tion of this title. Pursuant to the terms of the contract authorized 
by section 802 of this title, these funds shall be advanced on 
a schedule mutually acceptable to the Authority and the Secretary, 
as necessary to meet the expense of carrying out construction and 
land acquisition activities. 
(b) FEDERAL SHARE.—^All project costs for design preparation, 
and construction management shall be nonreimbursable as the 
Federal contribution for environmental enhancement by water qual-
ity improvement, except that the Federal contribution shall not 
exceed 33 per centum of the total project costs. 
___ 
SEC. 804. CONSTRUCTION AND CONTROL. 
(a) PRECONSTRUCTION.—^The Secretary shall, upon entering into 
the contract specified in section 802 with the Authority, proceed 
with preconstruction planning, preparation of designs and specifica-
tions, acquiring permits, acquisition of land and rights, and award 
of construction contracts pending availability of appropriated funds. 
(b) TERMINATION OF CONSTRUCTION.—At any time following 
the first advance of funds, the Authority may request that the 
Secretary terminate activities then in progress, and such request 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4659 
shall be binding upon the Secretary, except that, upon termination 
of construction pursuant to this section, the Authority shall 
reimburse to the Secretory a sum equal to 67 per centimi of all 
costs incurred by the Secretary in project verification, design and 
construction management, reduced by any sums previously paid 
by the Authority to the Secretary for such purposes. Upon such 
termination, the United States is under no obligation to complete 
the project as a nonreimbursable development. 
(c) TRANSFER OF CONTROL.—^Upon completion of construction 
£Lnd testing of the project, or upon termination of activities at 
the request of the Authority, the Secretary shall transfer the care, 
operation, and maintenance of the project works to the Authority 
or to a bona fide entity mutually agreeable to the States of New 
Mexico and Texas. As part of such transfer, the Secretary shall 
return unexpended balances of the funds advanced, assign to the 
Authority or the bona fide entity the rights to any contract in 
force, convey to the Authority or the bona fide entity any real 
estate, easements or personal property acquired by the advanced 
funds, and provide any data, drawings, or other items of value 
procured with advanced funds. 
SEC. 805. TRANSFER OF TITLE. 
Title to any facilities constructed imder the authority of this 
title shall remain with the United States. 
SEC. 806. AUTHORIZATION. 
There are hereby authorized to be appropriated such sums 
as are necessary to carry out the provisions of this title, except 
that the total Federal contribution to the cost of the activities 
undertaken imder the authority of this title shall not exceed 33 
per centum. 
TITLE IX—CEDAR BLUFF UNIT, KANSAS 
Water supply 
SEC. 901. AUTHORIZATION. 
The Secretary, pursuant to the provisions of the Memorandum 
of Understanding between the Bureau of Reclamation and the Fish 
and Wildlife Service of the Department of the Interior, the State 
of Kansas, and the Cedar Bluff Irrigation District Number 6, dated 
December 17, 1987, is authorized to reformulate the Cedar Bluff 
Unit of the Pick-Sloan Missouri Basin Program, Kansas, including 
reallocation of the conservation capacity of the Cedar Bluff Res-
ervoir, to create: 
(a) a designated operating pool, as defined in such Memo-
randum of Understanding, for fish, wildlife, and recreation 
purposes, for groundwater recharge for environmental, domes-
tic, mimicipal and industrial uses, and for other purposes; 
and 
(b) a joint-use pool, as defined in such Memorandum of 
Understanding, for fiood control, water sales, fish, wildlife, 
and recreation purposes; and for other purposes. 
SEC. 902. CONTRACT. 
The Secretary is authorized to enter into a contract with the 
State of Kansas for the sale, use, and control of the designated 
operating pool, with the exception of water reserved for the city 
of Russell, Kansas, and to allow the State of Kansas to acquire 
use and control of water in the joint-use pool, except that, the 
106 STAT. 4660 
PUBLIC LAW 102-575—OCT. 30, 1992 
State of Kansas shall not permit utilization of water from Cedar 
Blufif Reservoir to irrigate lands in the Smoky Hill River Basin 
from Cedar Bluff Reservoir to its confluence with Big Creek. 
SEC. 903. CONTRACT. 
(a) The Secretary is authorized to enter into a contract with 
the State of Kansas, accepting a payment of $365,424, and the 
State's conunitment to pay a proportionate share of the annual 
operation, maintenance, and replacement charges for the Cedar 
Bluff Dam and Reservoir, as full satisfaction of reimbursable costs 
associated with irrigation of the Cedar Bluff Unit, including the 
Cedar Bluff Irrigation District's obligations under Contract Nimiber 
0-07-70-W0064. After the reformulation of the Cedar Bluff Unit 
authorized by this title, any revenues in excess of operating and 
maintenance expenses received by the State of Kansas 
frt>m 
the 
sale of water from the Cedar Bluff Unit shall be paid to the 
United States and covered into the Reclamation Fund to the extent 
that an operation, maintenance and replacement charge or 
reimbursable capital obligation exists for the Cedar Bluff Unit 
under Reclamation law. Once all such operation, maintenance and 
replacement charges or reimbursable obligations are satisfied, any 
additional revenues shall be retained by the State of Kansas. 
(b) The Secretary is authorized to transfer title of the buildings, 
fixtures, and equipment of the United States Fish and WildUfe 
Service fish hatchery facility at Cedar Bluff Dam, and the related 
water rights, to the State of Kansas for its use and operation 
for fish, wildlife, and related piuposes. If any of the property trans-
ferred by this subsection to the State of Kansas is subsequently 
transferred from State ownership or used for any purpose other 
than those provided for in this subsection, title to such property 
shall revert to the United States. 
SEC. 904. TRANSFER OF DISTRICT HEADQUARTERS. 
The Secretary is authorized to transfer title to all interests 
in real property, buildings, fixtures, equipment, and tools associated 
with the Cedar Bluff Irrigation District headquarters located near 
Hays, Kansas, contingent upon the District's agreement to close 
down the irrigation system to the satisfaction of the Secretary 
at no additional cost to the United States, after which all easement 
rights shall revert to the owners of the lands to which the easements 
are attached. 
SEC. 90S. UABIUTY AND INDEMNIFICATION. 
The transferee of any interest conveyed piu^uant to this title 
shall assume all liability with respect to such interests and shall 
indemnify the United States against all such liability. 
SEC. 906. ADDITIONAL ACTIONS. 
The Secretary is authorized to take all other actions consistent 
with the provisions of the Memorandimi of Understanding referred 
to in section 901 that the Secretary deems necessary to accomplish 
the reformulation of the Cedar Bluff Unit. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4661 
TITLE X—SOUTH DAKOTA WATER PLANNING STUDIES 
SEC. 1001. AUTHORIZATION FOR SOUTH DAKOTA WATER PLANNING 
STUDIES. 
(a) The Secretary of the Interior, acting through the Commis-
sioner of the Bureau of Reclamation, may perform the planning 
studies necessary (including a needs assessment) to determine the 
feasibility and estimated cost of incorporating all or portions of 
the Rosebud Sioux Reservation in South Dakota into the service 
areas of the rural water systems authorized by the Mni Wiconi 
Project Act of 1988 (Public Law 100-516). 
(b) Section 3(f) of Public Law 100-516 is hereby amended 102 Stat. 2567. 
to insert a new subsection (3) as follows: 
"(3) Notwithstanding subsections (1) and (2), the Secretary 
is authorized and directed to obligate up to $1,466 million 
of the funds appropriated under Public Law 100-516 to con-
struct an interim water system for the White Clay and 
Wakpamni Districts of the Pine Ridge Indian Reservation as 
soon as the final engineering report for that segment of the 
Oglala Rural Water Supply System has been completed and 
the requirements of the National Environmental Policy Act 
of 1969 for that segment of the System have been met." 
TITLE XI—SALTON SEA RESEARCH PROJECT, 
CALIFORNIA 
SEC. 1101. RESEARCH PROJECT. 
(a) RESEARCH PROJECT.—^The Secretary of the Interior, acting 
through the Biu'eau of Reclamation, shall conduct a research project 
for the development of a method or combination of methods to 
reduce and control salinity, provide endangered species habitat, 
enhance fisheries, and protect human recreational values in inland 
water bodies. Such research shall include testing an enhanced 
evaporation system for treatment of saline waters, and studies 
regarding in-water segregation of saline waters and of dilution 
from other sources, "me project shall be located in the area of 
the Salton Sea of Southern California. 
(b) COST SHARE.—^The non-Federal share of the cost of the 
project referred to in subsection (a) shall be 50 percent of the 
cost of the project. 
(c) REPORT.—Not later than September 30, 1996, the Secretary 
shall submit a report to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Interior and Insular 
Affairs and the Committee on Merchant Marine and Fisheries of 
the House of Representatives regarding the results of the project 
referred to in subsection (a). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $10,000,000 to carry out the purposes of this 
title. 
TITLE Xn—AMENDMENT TO SABINE RIVER COMPACT 
SEC. 1201. CONSENT IX) AMENDMENT TO SABINE RIVER COMPACT. 
The consent of Congress is given to the amendment, described 
in section 1203, to the interstate compact, described in section 
1202, relating to the waters of the Sabine River and its tributaries. 
106 STAT. 4662 
PUBLIC LAW 102-575—OCT. 30, 1992 
SEC. 1202. COMPACT DESCRIBEO. 
The compact referred to in the previous section is the compact 
between the States of Texas and Louisiana, and consented to by 
Congress in the Act of August 10, 1954 (chapter 668; 68 Stat. 
690; PubHc Law 85-78). 
SEC. 1203. AMENDMENT. 
The amendment referred to in section 1201 strikes "One of 
the Louisiana members shall be ex officio the Director of the Louisi-
ana Department of Public Works; the other Louisiana member 
shall be a resident of the Sabine Watershed and shall be appointed 
by the Grovemor of Louisiana for a term of four years: Provided, 
Tiiat the first member so appointed shall serve until June 30, 
1958." in article VII(c) and inserts "The Louisiana members shall 
be residents of the Sabine Watershed and shall be appointed by 
the Grovemor for a term of four years, which shall run concurrent 
with the term of the Governor.". 
43 use 1521 
TITLE Xin—SALT-GILA AQUEDUCT. ARIZONA 
note. 
SEC. 1301. DESIGNATION. 
The Salt-Gila Aqueduct of the Central Arizona Project, con-
structed, operated, and maintained under section 301(aX7) of the 
Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter 
shall be known and designated as the "Fannin-McFarland Aque-
duct". 
SEC. 1302. REFERENCES. 
Any reference in any law, regulation, document, record, map, 
or other paper of the United States to the aqueduct referred to 
in section 1301 hereby is deemed to be a reference to the "Fannin-
McFarland Aqueduct". 
TITLE XIV—VERMEJO PROJECT RELIEF, NEW MEXICO 
Section 401 of the Act of December 19, 1980 (94 Stat. 3227), 
is amended by striking the text that begins: "Transfer of project 
facilities to the district shall be without . . ." and ends with ". . . 
shall be maintained consistently with existing arrangements" and 
inserting in lieu thereof "Effective as of the date of the written 
consent of the Vermejo Conservancy District to amend contract 
178r-458, all facilities are hereby transferred to the District. The 
transfer to the district of project facilities shall be without any 
additional consideration in excess of the existing repayment contract 
of the district and shall include all related lands or interest in 
lands acquired by the Federal Government for the project, but 
shall not include any lands or interests in land, or interests in 
water, purchased by the Federal Government from various land-
owners in the district, consisting of approximately two thousand 
eight hundred acres, for the Meixwell Wildlife Refuge and shall 
not include certain contractual arrangements, namely Contract 
Number 14-06-500-1713 between the Bureau of Reclamation and 
the Bureau of Sport Fisheries and Wildlife, and concurred in by 
the district, dated December 5, 1969, and the lease agreement 
between the district and the Secretary dated January 17, 1992, 
and expiring January 17, 1995, for 468.38 acres under the district's 
Lakes 12 and 14, which contractual arrangements shall be main-
tained consistent with the terms thereof. The Secretary, acting 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4663 
throi:^h the United States Fish and Wildlife Service, shall retain 
the right to manage Lake 13 for the conservation, maintenance, 
and development of the area as a component of the Maxwell 
National Wildlife Refuge in accordance witn Contract Number 14-
06-500-1713 and in a miuiner that does not interfere with operation 
of the Lake 13 dam and reservoir for the primary purposes of 
the Vermejo Reclamation Project." 
TITLE XV—SAN LUIS VALLEY PROTECTION, COLORADO 
SEC. ISOl. PERMIT ISSUANCE PROHIBITED. 
(a) No agency or instrumentali^ of the United States shall 
issue any permit, license, right-o^way, grant, loan or other 
authorization or assistance for any project or feature of any project 
to withdraw water from the San Luis Valley, Colorado, for export 
to another basin in Colorado or export to any portion of another 
State, unless the Secretary of the Interior determines, after due 
consideration of all findings provided by the Colorado Water Con-
servation Board, that the project will not: 
(1) increase the costs or negatively affect operation of the 
Closed Basin Project; 
(2) adversely affect the purposes of any national wildlife 
refuge or Federal wildlife habitat area withdrawal located in 
the San Luis Valley, Colorado; or 
(3) adversely affect the purposes of the Great Sand Dunes 
National Monument, Colorado. 
(b) Nothing in this title shall be construed to alter, amend, 
or limit smy provision of Federal or State law that applies to 
any project or feature of a project to withdraw water from the 
San Luis Valley, Colorado, for export to another basin in Colorado 
or another State. Nothing in this title shall be construed to limit 
any agencjr's authority or responsibility to reject, limit, or condition 
any such project on any basis independent of the requirements 
of this title. 
SEC. 1502. JUDICIAL REVIEW. 
The Secretary's findings required by this title shall be subject 
to judicial review in the United States district courts. 
SEC. 1503. COSTS. 
The direct and indirect costs of the findings required by section 
1501 of this title shall be paid in advance by the project proponent 
under terms and conditions set by the Secretary. 
SEC. 1504. DISCLAIMERS.. 
(a) Nothing in this title shall constitute either an expressed 
or implied reservation of water or water rights. 
(b) Nothing in this title shall be construed as establishing 
a precedent with regard to any other Federal reclamation project. 
TITLE XVI—RECLAMATION WASTEWATER AND 
GROUNDWATER STUDIES 
SEC. 1601. SHORT TITLE. 
This title may be referred to as the "Reclamation Wastewater 
and Groimdwater Study and Facilities Act". 
Reclamation 
Wastewater and 
Groundwater 
Study and 
Facilities Act. 
43 use 390h 
note. 
106 STAT. 4664 
PUBLIC LAW 102-575—OCT. 30, 1992 
43 use 390h. 
SEC. 1602. GENERAL AUTHORITY. 
(a) The Secretary of the Interior (hereafter "Secretary"), acting 
pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 
32 Stat. 388) and Acts amendatory thereof and supplementary 
thereto (hereafter "Federal reclamation laws"), is directed to under-
take a program to investigate and identify opportunities for 
reclamation and reuse of municipal, industrial, domestic, and agri-
cultural wastewater, and naturally impaired ground and surjtace 
waters, for the design and construction of demonstration and perma-
nent facilities to reclaim and reuse wastewater, and to conduct 
research, including desalting, for the reclamation of wastewater 
and. naturally impaired ground and surface waters. 
(b) Such program shall be limited to the States and areas 
referred to in section 1 of the Reclamation Act of 1902 (Act of 
Jime 17, 1902, 32 Stat. 388) as amended. 
(c) The Secretary is authorized to enter into such agreements 
and promulgate such regulations as may be necessary to carry 
out the purposes and provisions of this title. 
California. 
(d) The Secretary shall not investigate, promote or implement, 
pursuant to this title, any project intended to reclaim and reuse 
agricultural wastewater generated in the service area of the San 
Luis Unit of the Central Valley Project, California, except those 
measures recommended for action by the San Joaquin Valley Drain-
age Program in the report entitled A Management Plan for Agricul-
tural Subsurface Drainage and Related Problems on the Westside 
San Joaquin Valley (September 1990). 
43 use 390h-l. 
SEC. 1603. APPRAISAL INVESTIGATIONS. 
(a) The Secretary shall undertake appraisal investigations to 
identify opportunities for water reclamation and reuse. Each such 
investigation shall take into account environmental considerations 
as provided by the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and regulations issued to implement the 
provisions thereof, and shall include recommendations as to the 
preparation of a feasibility study of the potential reclamation and 
reuse measures. 
(b) Appraisal investigations undertaken pursuant to this title 
shall consider, among other things— 
(1) all potential uses of reclaimed water, including, but 
not limited to, environmental restoration, fish and wildlife, 
groundwater recharge, municipal, domestic, industrial, agricul-
tural, power generation, and recreation; 
(2) the current status of water reclamation technology and 
opportunities for development of improved technologies; 
(3) measures to stimulate demand for and eliminate 
obstacles to use of reclaimed water, including pricing; 
(4) measiu'es to coordinate and streamline local. State and 
Federal permitting procedures required for the implementation 
of reclamation projects; and 
(5) measures to identify basic research needs required to 
expand the uses of reclaimed water in a safe and environ-
mentally sound manner. 
(c) The Secretary shall consult and cooperate with appropriate 
State, regional, and local authorities during the conduct of each 
appraisal investigation conducted pursuant to this title. 
(d) 
Costs 
of 
such 
appraisal 
investigations 
shall 
be 
nonreimbursable. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4665 
SEC. 1604. FEASraiUTY STUDIES. 
43 USC 390h-2. 
(a) The Secretary is authorized to participate with appropriate 
Federal, State, regional, and local authorities in studies to deter-
mine the feasibility of water reclamation and reuse projects rec-
ommended for such study pursuant to section 1603 of this title. 
The Federal share of the costs of such feasibility studies shall 
not exceed 50 per centiun of the total, except that the Secretary 
may increase the Federal share of the costs of such feasibility 
study if the Secretary determines, based upon a demonstration 
of financial hardship on the part of the non-Federal participant, 
that the non-Federal participant is unable to contribute at least 
50 per centimi of the costs of such study. The Secretary may 
accept as part of the non-Federal cost share the contribution of 
such in-kind services by the non-Federal participant that the Sec-
retary determines will contribute substantially toward the conduct 
and completion of the study. 
(b) The Federal share of feasibility studies, including those 
described in sections 1606 and 1608 through 1610 of this title, 
shall be considered as project costs and shall be reimbursed in 
accordance with the Federal reclamation laws, if the project studied 
is implemented. 
(c) In addition to the requirements of other Federal laws, fea-
sibility studies authorized imder this title shall consider, among 
other things— 
(1) near- and long-term water demand and supplies in 
the study area; 
(2) all potential uses for reclaimed water; 
(3) measures and technologies available for water reclama-
tion, distribution, and reuse; 
(4) public health and environmental quality issues associ-
ated with use of reclaimed water; and, 
(5) whether development of the water reclamation and 
reuse measures imder study would— 
(A) reduce, postpone, or eliminate development of new 
or expanded water supplies, or 
(B) reduce or eliminate the use of existing diversions 
from natural watercourses or withdrawals from aqmfers. 
SEC. 160S. RESEARCH AND DEMONSTRATION PROJECTS. 
43 USC 390h-3. 
The Secretery is authorized to conduct research and to con-
struct, operate, and maintein cooperative demonstration projects 
for the development and demonstration of appropriate treatment 
technologies for the reclamation of mimicipal, industrial, domestic, 
and agricultiiral wastewater, and naturally impaired ground and 
surface waters. The Federal share of the costs of demonstration 
projecte shall not exceed 50 per centum of the totel cost including 
operation and maintenance. Kighte to inventions developed pursu-
ant to this section shall be governed by the provisions of the 
Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 
96-480) as amended by the Technology Transfer Act of 1986 (Public 
Law 99-502). 
SEC. 1606. SOUTHERN CALIFORNIA COMPREHENSIVE WATER REC- 
43 USC 390h-4. 
LAMATION AND REUSE STUDY. 
(a) The Secretery is authorized to conduct a study to assess 
the feasibility of a comprehensive water reclamation and reuse 
system for Southern California. For the piirpose of this title, the 
106 STAT. 4666 
PUBLIC LAW 102-575—OCT. 30, 1992 
term "Southern California" means those portions of the counties 
of Imperial, Los Angeles, Orange, San Bemadino, Riverside, San 
Diego, and Ventura within the south coast and Colorado River 
hydrologic regions as defined by the California Department of Water 
Resources. 
(b) The Secretary shall conduct the study authorized by this 
section in cooperation with the State of California and appropriate 
local and regional entities. The Federal share of the costs associated 
with this study shall not exceed 50 per centum of the total. 
Reports. 
(c) The l^cretary shall submit the report authorized by this 
section to the Committee on Energy ana Natural Resources of 
the Senate and the Committee on Interior and Insular Affairs 
of the House of Representatives not later than six years after 
appropriation of fVmds authorized by this title. 
43 use 390h-5. 
SEC. 1607. SAN JOSE AREA WATER RECLAMATION AND REUSE PRO-
GRAM. 
(a) The Secretanr, in cooperation with the city of San Jose, 
California, and the Santa Clara Valley Water District, and local 
water suppliers, shall participate in the planning, design and 
construction of demonstration and permanent facilities to reclaim 
and reuse water in the San Jose metropolitan service area. 
(b) The Federal share of the costs of the facilities authorized 
by subsection (a) shall not exceed 25 per centum of the total. 
The Secretary shall not provide funds for the operation or mainte-
nance of the project. 
43 use 390h-6. 
SEC. 1608. PHOENIX METROPOLITAN WATER RECLAMATION STUDY 
AND PROGRAM. 
(a) The Secretary, in cooperation with the city of Phoenix, 
Arizona, shall conduct a feasibility study of the potential for develop-
ment of facilities to utilize fully wastewater from the regional 
wastewater treatment plant for direct municipal, industrial, agricul-
tural, and environmental purposes, groimdwater recharge and 
direct potable reuse in the Pnoenix metropolitan area, and in 
cooperation with the city of Phoenix design and construct facilities 
for environmental purposes, ground water recharge and direct pota-
ble reuse. 
(b) The Federal share of the costs of the study authorized 
by this section shall not exceed 50 per centum of the total. The 
Federal share of the costs associated with the project described 
in subsection (a) shall not exceed 25 per centum of the total. 
The Secretary shall not provide funds for operation or maintenance 
of the project. 
Reports. 
(c) The Secretary shall submit the report authorized by this 
section to the Committee on Energy and Natural Resources of 
the Senate and the Conunittee on Interior and Insular Affairs 
of the House of Representatives not later than two years after 
appropriation of funds authorized by this title. 
SEC. 1609. TUCSON AREA WATER RECLAMATION STUDY. 
(a) The Secretary, in cooperation with the State of Arizona 
and appropriate local and regional entities, shall conduct a feasibil-
ity study of comprehensive water reclamation and reuse system 
for Southern Arizona. For the purpose of this section, the term 
"Southern Arizona" means those portions of the counties of Pima, 
Santa Cruz, and Pinal within the Tucson Active Management 
43 use 390h-7. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4667 
Hydrologic Area as defined by the Arizona Department of Water 
Resources. 
(b) The Federal share of the costs of the study authorized 
by this section shall not exceed 50 per centiim of the total. 
(c) The Secretary shall submit the report authorized by this Reports. 
section to the Committee on Energy ana Natural Resources of 
the Senate and the Committee on Interior and Insular AfTairs 
of the House of Representatives not later than four years after 
appropriation of fimds authorized by this title. 
SEC. 1610. LAKE CHERAW WATER RECLAMATION AND REUSE STUDY. 
43 USC 390h-8. 
(a) The Secretary is authorized, in cooperation with the State 
of Colorado and appropriate local and regional entities, to conduct 
a study to assess and develop means of reclaiming the waters 
of L£ike Cheraw, Colorado, or otherwise ameliorating, controlling 
and mitigating potential negative impacts of pollution in the waters 
of Lake Cheraw on groiuidwater resources or the waters of the 
Arkansas River. 
(b) The Federal share of the costs of the study authorized 
by this section shall not exceed 50 per centum of the total. 
(c) The Secretary shall submit the report authorized by this 
Reports. 
section to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Interior and Insular Affairs 
of the House of Representatives not later than two years after 
appropriation of funds authorized by this title. 
SEC. 1611. SAN FRANCISCO AREA WATER RECLAMATION STUDY. 
43 USC 390h-9. 
(a) The Secretary, in cooperation with the city and county 
of San Francisco, shall conduct a feasibility study of the potential 
for development of demonstration and permanent facilities to 
reclaim water in the San Francisco area for the piuposes of export 
and reuse elsewhere in California. 
(b) The Federal share of the costs of the study authorized 
by this section shall not exceed 50 per centum of the total. 
(c) The Secretary shall submit the report authorized by this 
Reports. 
section to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Interior and Insular Affairs 
of the House of Representatives not later than four years after 
appropriation of funds authorized by this title. 
SEC. 1612. SAN DIEGO AREA WATER RECLAMATION PROGRAM. 
43 USC 390h-10. 
(a) The Secretary, in cooperation with the city of San Diego, 
California or its successor agency in the management of the San 
Diego Area Wastewater Management District, shall participate in 
the planning, design and construction of demonstration and perma-
nent facilities to reclaim and reuse water in the San Diego metro-
politan service area. 
(b) The Federal share of the costs of the facilities authorized 
by subsection (a) shall not exceed 25 per centum of the total. 
The Secretary shall not provide funds for the operation or mainte-
nance of the project. 
SEC. 1613. LOS ANGELES AREA WATER RECLAMATION AND REUSE 
43 USC 390h-ll. 
PROJECT. 
(a) The Secretary is authorized to participate with the city 
and coimty of Los Angeles, State of California, West Basin Munici-
pal Water District, and other appropriate authorities, in the design, 
planning, and construction of water reclamation and reuse projects 
106 STAT. 4668 
PUBLIC LAW 102-575—OCT. 30, 1992 
to treat approximately one hundred and twenty thousand acre-
feet per year of effluent from the city and county of Los Angeles, 
in order to provide new water supplies for industrial, environmental, 
and other beneficial purposes, to reduce the demand for imported 
water, and to reduce sewage effluent discharged into Santa Monica 
Bay. 
(b) The Secretar/s share of costs associated with the project 
described in subsection (a) shall not exceed 25 per centum of the 
total. The Secretary shall not provide funds for operation or mainte-
nance of the project. 
48 use 390h-12. SEC. 1614. SAN GABRIEL BASIN DEMONSTRATION PROJECT. 
(a) The Secretary, in cooperation with the Metropolitan Water 
District of Southern California and the Main San Gabriel Water 
Quality Authority or a successor public agency, is authorized to 
participate in the design, planning and construction of a coi\jimctive-
use facility designed to improve the water quality in the San Gabriel 
groiuidwater basin and allow the utilization of tiie basin as a 
water storage facility; Provided, That this authority shall not be 
construed to limit the authority of the United States under any 
other Federal statute to pursue remedial actions or recovery of 
costs for work performed pursuant to this subsection. 
(b) The Secretary's share of costs associated with the project 
described in subsection (a) shall not exceed 25 per centum of the 
total. The Secretary shall not provide funds for the operation or 
maintenance of the project. 
43 use 390h-13. 
SEC. 1615. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out the purposes and provisions of sections 
1601 through 1614 of this title. 
43 use 390h-14. 
SEC. 1616. GROUNDWATER STUDY. 
(a) In furtherance of the High Plains Groundwater Demonstra-
tion Program Act of 1983 (98 Stat. 1675), the Secretary of the 
Interior, acting through the Bureau of Reclamation and the 
Geological Survey, shall conduct an investigation and analysis of 
the impacts of existing Bureau of Reclamation projects on the 
Reports. 
quality and quantity of groundwater resources. Based on such inves-
tigation and analysis, the Secretary shall prepare a reclamation 
groundwater management and technical assistance report which 
shall include— 
(1) a description of the findings of the investigation and 
analysis, including the methodology employed; 
(2) a description of methods for optimizing Bureau of Rec-
lamation project operations to ameliorate adverse impacts on 
groundwater, and 
(3) the Secretary's recommendations, along with the 
recommendations of the Governors of the affected States, 
concerning the establishment of a groundwater management 
and technical assistance program in the Department of the 
Interior in order to assist Federal and non-Federal entity devel-
opment and implementation of groundwater management plans 
and activities. 
(b) In conducting the investigation and analysis, and in prepara-
tion of the report referred to in this section, the Secretary shall 
consult with the Governors of the affected States. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4669 
(c) The report shall be submitted to the Committees on Reports. 
Appropriations and Interior and Insular Affairs of the House of 
Representatives and the Committees on Appropriations and Energy 
and Natural Resources of the Senate within three years of the 
appropriation of funds authorized by section 1617. 
SEC. 1617. AUTHORIZATION OF APPROPRIATIONS. 
43 USC 390h-15. 
There is authorized to be appropriated for fiscal years beginning 
after September 30, 1992, $4,000,000 to carry out the study author-
ized by section 1616. 
TITLE XVII—IRRIGATION ON STANDING ROCK INDIAN 
RESERVATION, NORTH DAKOTA 
SEC. 1701. IRRIGATION ON STANDING ROCK INDIAN RESERVATION. 
(a) Section 5(e) of Public Law 89-108, as amended by section 
3 of the Garrison Diversion Unit Reformulation Act of 1986 (Public 
Law 99-294), is amended by striking "Fort Yates" and inserting l
O
O Stat. 419. 
"one or more locations within the Standing Rock Indian Reserva-
tion". 
(b) Section 10 of Public Law 89-108, as amended by section 
8 of Public Law 99-294, is further amended by adding subsection 
100 Stat. 424. 
(Q\ Qg follows* 
"(e) The portion of the $61,000,000 authorized for Indian 
municipal, rural, and industrial water features shall be indexed 
as necessary to allow for ordinary fluctuations of construction 
costs incurred after October 1,1986, as indicated by engineering 
costs indices applicable for the type of construction involved. 
All other authorized cost ceilings shall remain unchanged." 
TITLE XVHI—GRAND CANYON PROTECTION 
SEC. 1801. SHORT TITLE. 
This Act may be cited as the "Grand Canyon Protection Act 
of 1992". 
SEC. 1802. PROTECTION OF GRAND CANYON NATIONAL PARK. 
(a) IN GENERAL.—^The Secretary shall operate Glen Canyon 
Dam in accordance with the additional criteria and operating plans 
specified in section 1804 and exercise other authorities under exist-
ing law in such a manner as to project, mitigate adverse impacts 
to, and improve the values for which Grand Canyon National Park 
and Glen Canyon National Recreation Area were established, 
including, but not limited to natural and cultural resources and 
visitor use. 
(b) COMPLIANCE WITH EXISTING LAW.—The Secretary shall 
implement this section in a manner fully consistent with and subject 
to the Colorado River Compact, the Upper Colorado River Basin 
Compact, the Water Treaty of 1944 with Mexico, the decree of 
the Supreme Court in Arizona v. California, and the provisions 
of the Colorado River Storage Project Act of 1956 and the Colorado 
River Basin Project Act of 1968 that govern allocation, appropria-
tion, development, and exportation of the waters of the Colorado 
River Basin. 
(c) RULE OF CONSTRUCTION.—Nothing in this title alters the 
purposes for which the Grand Canyon National Park or the Glen 
Canyon National Recreation Area were established or affects the 
Grand Canyon 
Protection Act 
of 1992. 
106 STAT. 4670 
PUBLIC LAW 102-575—OCT. 30, 1992 
authorily and responsibility of the Secretary with respect to the 
management and administration of the Grand Canyon Nationtd 
Park and Glen Canyon National Recreation Area, including natural 
and cultural resources and visitor use, under laws applicable to 
those areas, including, but not limited to, the Act of August 25, 
1916 (39 Stat. 535) as amended and supplemented. 
SEC. 1803. INTERIM PROTECTION OF GRAND CANYON NATIONAL PARK 
(a) INTERIM OPERATIONS.—^Pending compliance by the Secretary 
with section 1804, the Secretary shall, on an interim basis, continue 
to operate Glen Canyon Dam imder the Secretary's announced 
interim operating criteria and the Interagency Agreement between 
the Bureau of Reclamation and the Western Area Power Adminis-
tration executed October 2, 1991 and exercise other authorities 
under existing law, in accordance with the standards set forth 
in section 1802, utilizing the best and most recent scientific data 
available. 
(b) CONSULTATION.—^The Secret€uy shall continue to implement 
Interim Operations in consultation witii— 
(1) Appropriate agencies of the Department of the Interior, 
including the Bureau of Reclamation, United States Fish and 
Wildlife Service, and the National Park Service; 
(2) The Secretary of Energy; 
(3) The Governors of the States of Arizona, California, 
Colorado, Nevada, New Mexico, Utah, and Wyoming; 
(4) Indian Tribes; and 
(5) The general public, including representatives of the 
academic ana scientific communities, environmental organiza-
tions, the recreation industry, and contractors for the purchase 
of Federal power produced at Glen Canyon Dam. 
(c) DEVIATION FROM INTERIM OPERATIONS.—The Secretary may 
deviate firom Interim Operations upon a finding that deviation 
is necessary and in the public interest to— 
(1) comply with the requirements of Section 1804(a); 
(2) respond to hydrologic extremes or power system oper-
ation emergencies; 
(3) comply with the standards set forth in Section 1802; 
(4) respond to advances in scientific data; or 
(5) comply with the terms of the Interagency Agreement. 
(d) TERMINATION OF INTERIM OPERATIONS.—Interim operations 
described in this section shall terminate upon compliance by the 
Secretary with section 1804. 
SEC. 1804. GLEN CANYON DAM ENVIRONMENTAL IMPACT STATEMENT; 
LONG-TERM OPERATION OF GLEN CANYON DAM. 
(a) FINAL ENVIRONMENTAL IMPACT STATEMENT.—Not later than 
2 years afi^r the date of enactment of this Act, the Secretary 
shall complete a final Glen Canyon Dam environmental impact 
statement, in accordance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) AUDIT.—^The Comptroller Greneral shall— 
(1) audit the costs and benefits to water and power users 
and to natural, recreational, and cultural resources resulting 
from management policies and dam operations identified pursu-
ant to the environmental impact statement described in sub-
section (a); and 
Reports. 
(2) report the results of the audit to the Secretary and 
the C!ongress. 
1-- -•* --
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4671 
(c) ADOPTION OF CRITERIA AND PLANS.—(1) Based on the find-
ings, conclusions, and recommendations made in the environmental 
impact statement prepared pursuant to subsection (a) and the audit 
performed pursuant to subsection (b), the Secretary shall— 
(A) adopt criteria and operating plans separate from and 
in addition to those specified in section 602(b) of the Colorado 
River Basin Project Act of 1968; and 
(B) exercise other authorities under existing law, so as 
to ensure that Glen Canyon Dam is operated in a manner 
consistent with section 1802. 
(2) Each year after the date of the adoption of criteria and Reports, 
operating plans piursuant to paragraph (1), the Secretary shall 
transmit to the Congress and to the Governors of the Colorado 
River Basin States a report, separate from and in addition to 
the report specified in section 602(b) of the Colorado River Basin 
Project Act of 1968 on the preceding year and the projected year 
operations undertaken pursuant to this Act. 
(3) In preparing the criteria and operating plans described 
in section 602(b) of the Colorado River Basin Project Act of 1968 
and in this subsection, the Secretary shall consult with the Gov-
ernors of the Colorado River Basin States and with the general 
public, including— 
(A) representatives of academic and scientific communities; 
(B) environmental organizations; 
(C) the recreation industry; and 
(D) contractors for the purchase of Federal power produced 
at Glen Canyon Dam. 
(d) REPORT TO CONGRESS.—^Upon implementation of long-term 
operations under subsection (c), the Secretary shall submit to the 
Congress the environmental impact statement described in sub-
section (a) and a report describing the long-term operations and 
other reasonable mitigation measures taken to protect, mitigate 
adverse impacts to, and improve the condition of the natural, rec-
reational, and cultural resources of the Colorado River downstream 
of Glen Canyon Dam. 
(e) ALLOCATION OF COSTS.—The Secretary of the Interior, in 
consultation with the Secretary of Energy, is directed to reallocate 
the costs of construction, operation, maintenance, replacement and 
emergency expenditures for Glen Canyon Dam among the purposes 
directed in section 1802 of this Act and the purposes established 
in the Colorado River Storage Project Act of April 11, 1956 (70 
Stat. 170). Costs allocated to section 1802 purposes shall be 
nonreimbursable. Except that in fiscal year 1993 through 1997 
such costs shall be nonreimbursable only to the extent to which 
the Secretary finds the effect of all provisions of this Act is to 
increase net offsetting receipts; Provided, That if the Secretary 
finds in any such year that the enactment of this Act does cause 
a reduction in net ofiTsetting receipts generated by all provisions 
of this Act, the costs allocated to section 1802 purposes shall remain 
reimbursable. The Secretary shall determine the effect of all the Reports. 
provisions of this Act and submit a report to the appropriate House 
and Senate committees by January 31 of each fiscal year, and 
such report shall contain for that fiscal year a detailed accoimting 
of expenditures incurred pursuant to this Act, offsetting receipts 
generated by this Act, and any increase or reduction in net offsetting 
receipts generated by this Act. 
106 STAT. 4672 
PUBLIC LAW 102-575—OCT. 30, 1992 
SEC. 1805. LONG-TERM MONITORING. 
(a) IN GENERAL.—^The Secretary shall establish and implement 
long-term monitoring programs and activities that will ensure that 
Glen Canyon Dam is operated in a manner consistent with that 
of section 1802. 
(b) RESEARCH.—^Long-term monitoring of Glen Canyon Dam 
shall include any necessary research and studies to determine the 
effect of the Secretarjr's actions under section 1804(c) on the natural, 
recreational, and cultural resources of Grand Canyon National Park 
and Glen Canyon National Recreation Area. 
(c) CONSULTATION.—^The monitoring programs and activities 
conducted under subsection (a) shall be established and imple-
mented in consultation with— 
(1) the Secretary of Energy; 
(2) the Governors of the States of Arizona, California, Colo-
rado, Nevada, New Mexico, Utah, and Wyoming; 
(3) Indian tribes; and 
(4) the general public, including representatives of aca-
demic and scientific communities, environmental organizations, 
the recreation industry, and contractors for the purchase of 
Federal power produced at Glen Canyon Dam. 
SEC. 1806. RULES OF CONSTRUCTION. 
Nothing in this title is intended to affect in any way— 
(1) the allocations of water secured to the Colorado Basin 
States by any compact, law, or decree; or 
(2) any Federal environmental law, including the Endan-
gered Species Act (16 U.S.C. 1531 et seq.). 
SEC. 1807. STUDIES NONREIMBURSABLE. 
All costs of preparing the environmental impact statement 
described in section 1804, including supporting studies, and the 
long-term monitoring programs and activities described in section 
1805 shall be nonreimbursable. The Secretary is authorized to 
use funds received from the sale of electric power and energy 
from the Colorado River Storage Project to prepare the environ-
mental impact statement described in section 1804, including 
supporting studies, and the long-term monitoring programs and 
activities described in section 1805, except that such fimds will 
be treated as having been repaid and returned to the general 
fund of the Treasury as costs assigned to power for repa3nnent 
imder section 5 of the Act of April 11, 1956 (70 Stat. 170). Except 
that in fiscal year 1993 through 1997 such provisions shall take 
effect only to the extent to which the Secretary finds the effect 
of all the provisions of this Act is to increase net offsetting receipts; 
Provided, That if the Secretary finds in any such year that the 
enactment of this Act does cause a reduction in net offsetting 
receipts generated by all provisions of this Act, all costs described 
Reports. 
in this section shall remain reimbursable. The Secretary shall deter-
mine the effect of all the provisions of this Act and submit a 
report to the appropriate House and Senate committees by January 
31 of each fiscal year, and such report shall contain for that fiscal 
year a detailed accounting of expenditures incurred pursuant to 
this Act, offsetting receipts generated by this Act, and any increase 
or reduction in net offsetting receipts generated by this Act. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4673 
SEC. 1808. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this title. 
SEC. 1809. REPLACEMENT POWER. 
The Secretary of Energy in consultation with the Secretary 
of the Interior and with representatives of the Colorado River 
Storage Project power customers, environmental organizations and 
the States of Arizona, California, Colorado, Nevada, New Mexico, 
Utah, and Wyoming shall identify economically and technically 
feasible methods of replacing any power generation that is lost 
through adoption of long-term operational criteria for Glen Canyon 
Dam as required by section 1804 of this title. The Secretary shall 
present a report of the findings, and implementing draft legislation, 
if necessary, not later than two years after adoption of long-term 
operating criteria. The Secretary shall include an investigation of 
tne feasibility of adjusting operations at Hoover Dam to replace 
all or part of such lost generation. The Secretary shall include 
an investigation of the modifications or additions to the trans-
mission system that may be required to acquire and deliver replace-
ment power. 
Reports. 
TITLE XIX—MID-DAKOTA RURAL WATER SYSTEM 
SEC. 1901. SHORT TITLE. 
This title may be cited as the '^id-Dakota Rural Water System 
Act of 1992". 
SEC. 1902. DEFlNTnONS. 
For purposes of this title— 
(1) the term "feasibility studj^ means the study entitled 
''Mid-Dakota Rural Water System Feasibility Study and Report" 
dated November 1988 and revised January 1989 and March 
1989, as supplemented by the "Supplemental Report for Mid-
Dakota Rural Water System" dated March 1990 (which supple-
mental report shall control in the case of any inconsistency 
between it and the study and report), as modified to reflect 
consideration of the benefits of the water conservation programs 
developed and implemented under section 1905 of this title; 
(2) the term "pumping and incidental operational require-
ments" means all power requirements incident to the operation 
of intake facilities, pumping stations, water treatment facilities, 
reservoirs, and pipelines up to the point of delivery of water 
by the Mid-Dakota Rural Water System t o ^ 
(A) each entity that distributes water at retail to 
individual users; or 
(B) each rural use location; 
(3) the term "rural use location" includes a water use 
location— 
(A) that is located in or in the vicinity of a municipality 
identified in appendix A of the feasibility report, for which 
municipality and vicinity there was on December 31, 1988, 
no >entity engaged in the business of distributing water 
at retail to users in that municipality or vicinity; and 
(B) that is one of no more than 40 water use locations 
in that municipality and vicinity; 
Mid-Dakota 
Rural Water 
Sjrstem Act 
of 1992. 
South Dakota. 
106 STAT. 4674 
PUBLIC LAW 102-575—OCT. 30, 1992 
(4) the term "Secretary" means the Secretary of the 
Interior; 
(5) the term "siunmer electrical season" me£ins May 
through October of each year; 
(6) the term "water system" means the Mid-Dakota Rural 
Water System, substantisJly in accordance with the feasibility 
study; 
(7) the term "Western" means the Western Area Power 
Administration; 
(8) the term "wetland component" means the wetland devel-
opment and enhancement component of the water system, 
substantially in accordance with the wetland component report; 
and 
(9) the term "wetland component report" means the report 
entitled "Wetlands Development £uid Enhancement Component 
of the Mid-Dakota Rural Water System" dated April 1990. 
SEC. 1903. FEDERAL ASSISTANCE FOR RURAL WATER SYSTEM. 
(a) IN GENERAL.—^The Secretary is authorized to make grants 
and loans to Mid-Dakota Rural Water System, Inc., a nonprofit 
corporation, for the planning and construction of the water system. 
(b) SERVICE AREA.—^The water system shall provide for safe 
and adequate municipal, rural, and industrial water supplies; miti-
gation of wetland areas; and water conservation in Beadle County 
(including the city of Huron), Buffalo, Hand, Hughes, Hyde, Jerauld, 
Potter, Sanborn, Spink, and Sully Counties, and elsewhere in South 
Dakota. 
(c) TERMS AND CONDITIONS.—The Secretary shall make the 
grants and loans authorized by subsection (a) on terms and condi-
tions equivalent to those applied by the Secretary of Agriculture 
in providing assistance to projects for the conservation, develop-
ment, use, and control of water under section 306(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1926(a)), except 
to the extent that those terms and conditions are inconsistent 
with this title. 
(d) AMOUNT OF GRANTS.—Grants made available under sub-
section (a) to Mid-Dakota Rural Water System, Inc. and water 
conservation measures consistent with section 1905 of this title 
shall not exceed 85 percent of the amount authorized to be appro-
priated by section 1912 of this title. 
(e) LOAN TERMS.— 
(1) a loan or loans made to Mid-Dakota Rural Water Sys-
tem, Inc. imder the provisions of this title shall be repaid, 
with interest, within thirty years from the date of each loan 
or loans £ind no penalty for pre-payment; and 
(2) interest on a loan or loans made imder subsection 
(a) to Mid-Dakota Rural Water System, Inc.— 
(A) shall be determined by the Secretary of the Treas-
ury on the basis of the weighted average yield of all interest 
bearing, marketable issues sold by the Treasury during 
the fiscal year in which the expenditures by the United 
States were made; and 
(B) shall not accrue during planning and construction 
of the water system, and the first payment on such a 
loan shall not be due until after completion of construction 
of the water system. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4675 
(f) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.— 
The Secretary shall not obligate funds for the construction of the 
Mid-Dakota Water Supply System until— 
(1) the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) have been met; and 
(2) a final engineering report has been prepared and Reports. 
submitted to the Congress for a period of not less than ninety 
days. 
(g) COORDINATION WITH THE DEPARTMENT OF AGRICULTURE.— 
(1) The Secretary shall coordinate with the Secretary of 
Agriciilture, to the maximum extent practicable, grant and 
loan assistance made under this section with similar assistance 
available under the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1921 et seq.). 
(2) The Secretary of Agriculture shall take into consider-
ation grant and loan assistance available under this section 
when considering whether to provide similar assistance avail-
able under the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1921 et seq.) to an applicant in the service 
area defined in subsection (b). 
SEC. 1904. FEDERAL ASSISTANCE FOR WETLAND DEVELOPMENT AND 
ENHANCEMENT. 
(a) INITIAL DEVELOPMENT.—^The Secretary shall make grants 
and otherwise make funds available to Mid-Dakota Rural Water 
System, Inc. and other private, State, and Federal entities for 
the initial development of the wetland component. 
(b) OPERATION AND MAINTENANCE.—The Secretary shall make 
a grant, not to exceed $100,000 annually, to the Mid-Dakota Rural 
Water System, Inc., for the operation and maintenance of the wet-
land component. 
(c) NONREIMBURSEMENT.—Funds provided under this section 
shall be nonreimbursable and nonretumable. 
SEC. 1905. WATER CONSERVATION. 
(a) WITHHOLDING OF FUNDS.—The Secretary shall not obligate 
Federal funds for construction of the water system until the Sec-
retary finds that non-Federal entities have developed and imple-
mented water conservation programs throughout the service area 
of the water system. 
(b) PURPOSE OF PROGRAMS.—^The water conservation programs 
required by subsection (a) shall be designed to ensure that users 
of water from the water system will use the best practicable tech-
nology and management techniques to reduce water use and water 
system costs. 
(c) DESCRIPTION OF PROGRAMS.—Such water conservation pro-
grams shall include (but are not limited to) adoption and enforce-
ment of the following— 
(1) low consumption performance standards for all newly 
installed plumbing fixtures; 
(2) leak detection and repair programs; 
(3) metering for all elements and individual connections 
of the rural water supply systems to be accomplished within 
five years. (For purposes of this paragraph, residential buildings 
of more than four units may be considered as individual cus-
tomers); 
106 STAT. 4676 
PUBLIC LAW 102-575—OCT. 30, 1992 
(4) declining block rate schedules shall not be used for 
municipal households and special water users (as defined in 
the feasibility study); 
(5) pubUc education programs; and 
(6) coordinated operation among each rural water system 
and the preexisting water supply facilities in its service area. 
Such programs shall contain provisions for periodic review and 
revision, in cooperation with the Secretary. 
SEC. 1906. MITIGATION OF FISH AND WILDLIFE LOSSES. 
Mitigation for fish and wildlife losses incurred as a result 
of the construction and operation of the water system shall be 
on an acre-for-acre basis, based on ecological equivalency, concur-
rent with project construction. 
SEC. 1907. USE OF PICK-SLOAN POWER. 
(a) IN GENERAL.—From power designated for fiiture irrigation 
and drainage pumping for the Pick-Sloan Missouri River Basin 
Program, Western shall make available the capacity and energy 
required to meet the pumping and incidental operational require-
ments of the water system during the summer electrical season. 
(b) CONDITIONS.—^The capacity and energy described in sub-
section (a) shall be made available on the following conditions: 
(1) The water system shall be operated on a not-for-profit 
basis. 
(2) The water system shall contract to purchase its entire 
electric service requirements, including the capacity and energy 
made available under subsection (a), from a cooperative power 
supplier which purchases power firom a cooperative power sup-
plier which itself purchases power from Western. 
(3) The rate schedule applicable to the capacity and energy 
made available under subsection (a) shall be Western's Pick-
Sloan Eastern Division Firm Power Rate Schedule in effect 
when the power is delivered by Western. 
(4) It shall be agreed by contract among— 
(A) Western; 
(B) the power supplier with which the water system 
contracts under paragraph (2); 
(C) that entity's power supplier; and 
(D) Mid-Dakote Rural Water System, Inc.; 
that for the capacity and energy made available under subsection 
(a), the benefit of the rate schedule described in paragraph (3) 
shall be passed through to the water system, but the water system's 
power supplier shall not be precluded from including in its charges 
to the water system for such electric service its other usual and 
customary charges. 
(5) Mia-D£ikote Rural Water System, Inc., shall pay its 
power supplier for electric service, other than for capacity and 
energy supplied pursuant to subsection (a), in accordance with 
the power supplier's applicable rate schedule. 
SEC. 1908. RULE OF CONSTRUCTION. 
This title shall not be construed to limit authorization for 
water projects in the Stete of South Dakota under existing law 
or fiiture enactments. 
SEC. 1909. WATER RIGHTS. 
Nothing in this title shall be construed to— 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4677 
(1) invalidate or preempt State water law or an interstate 
compact governing water; 
(2) alter the righte of any State to any appropriated share 
of the waters of any body of surface or groundwater, whether 
determined by past or future interstate compacts or by past 
or future legislative or final judicial allocations; 
(3) preempt or modify any State or Federal law or interstate 
compact dealing with water quality or disposal; or 
(4) confer upon any non-Federal entity the ability to exer-
cise any Federal right to the waters of any stream or to any 
groundwater resources. 
SEC. 1910. USE OF GOVERNMENT FAdLTTIES. 
The use of and connection of water system facilities to Govern-
ment facilities at the Oahe powerhouse and pumping plant and 
their use for the purpose of supplying water to the water system 
may be permitted to the extent that such use does not detrimentally 
affect the use of those Grovemment facilities for the other purposes 
for which they are authorized. 
SEC. 1911. AUTHORIZATION OF APPROPRIATIONS. 
(a) WATER SYSTEM.—^There is authorized to be appropriated 
to the Secretary $100,000,000 for the planning and construction 
of the water system luider section 1903, plus such sums as are 
necessary to defray increases in development costs reflected in 
appropriate engineering cost indices after October 1, 1989, such 
sums to remain available iiinder expended. 
(b) WETLAND COMPONENT.—^There are authorized to be appro-
priated to the Secretary— 
(1) $2,756,000 for the initial development of the wetland 
component under section 1904; and 
(2) such sums as are necessary for the operation and 
maintenance of the wetland component, not exceeding $100,000 
annually, under section 1904; 
TITLE XX—LAKE ANDES-WAGNER/MARTY II, SOUTH 
DAKOTA 
SEC. 2001. SHORT TITLE. 
This title may be cited as the "Lake Andes-Wagner/Marty II 
Act of 1992". 
SEC. 2002. DEMONSTRATION PROGRAM. 
(a) The Secretary, acting pursuant to existing authority imder 
the Federal reclamation laws, shall, through the Bureau of Reclama-
tion, and in coordination with the Secretary of Agriculture and 
with the assistance and cooperation of an oversight committee 
consisting of representatives of the Bureau of Indian Affairs, 
Department of Agriculture, Environmental Protection Agency, 
United States Fish and Wildlife Service, United States Geological 
Survey, South Dakota Department of Game, Fish and Parks, South 
Dakota Department of Water and Natural Resources, Yankton-
Sioux Tribe, and the Lake Andes-Wagner Water Systems, Inc., 
carry out a demonstration program (hereineifter in this title the 
"Demonstration Program") in substantial accordance with the "Lake 
Andes-Wagner-Marty II Demonstration Program Plan of Study," 
dated May 1990, a copy of which is on file with the Committee 
Lake Andes-
Wagner/ 
Marty II 
Act of 1992. 
Agriculture. 
Irrigation. 
106 STAT. 4678 
PUBLIC LAW 102-575—OCT. 30, 1992 
on Energy and Natural Resources of the Senate and the Committee 
on Interior and Insular Affairs of the House of Representatives. 
(b) The objectives of the Demonstration Program shall include: 
(1) development of accurate and definitive means of quan-
tifying projected irrigation and drainage requirements and 
provimng reliable estimates of drainage return flow quality 
and quantity with respect to glacial till and other soils foimd 
in the specific areas to be served with irrigation water by 
the planned Lake Andes-Wagner Unit and Marty II Unit and 
which may also have application to the irrigation and drainage 
of similar soils found in other areas of the United States; 
(2) development of best management practices for the pur-
pose of improving the efficiency of irrigation water use and 
developing and demonstrating management techniques and 
technologies for glacial till soils which will prevent or otherwise 
ameliorate the degradation of water quality by irrigation prac-
tices; 
(3) investigation and demonstration of the potential for 
development and enhancement of wetlands and fish and wildlife 
within and adjacent to the service areas of the planned Lake 
Andes-Wagner Unit and the Marty II Unit through the applica-
tion of water and other management practices; 
(4) investigation and demonstration of the suitability of 
glacial till soils for crop production under irrigation, giving 
special emphasis to crops of agricultural commodities for which 
an acreage reduction program is not in effect under the provi-
sions of the Agriculture Act of 1949 (7 U.S.C. 1461 et seq.) 
or by any successor programs established for crop years subse-
quent to 1990. 
(c) Study sites shall be obtained through leases from landowners 
who voluntarily agree to participate in the Demonstration Program 
under the following conditions: 
(1) rentals paid under a lease shall be based on the fair 
rental market value prevailing for dry land farming of lands 
of similar quantity and quality plus a pajmient representing 
reasonable compensation for inconveniences to be encountered 
by the lessor; 
(2) the Demonstration Program shall provide for the— 
(A) supply of all water, delivery system, pivot systems 
and drains; 
(B) operate and maintain the irrigation system; 
(C) Secretary of Agriculture to supply all seed, fer-
tilizers and pesticides and make standardized equipment 
available; 
(D) Secretary of Agriculture to determine crop rotations 
and cultural practices; 
(E) have unrestricted access to leased lands; 
(3) the Secretary and the Secretary of Agriculture may 
contract with the lessor and/or custom operators to accomplish 
agriculture work, which work shall be performed in accordance 
with the Demonstration Program; 
(4) no grazing mav be performed on a studv site; 
(5) crops grown shall be the property of the United States; 
and 
(6) at the conclusion of the lease, the lands involved will, 
to the extent practicable, be restored by the Secretary to their 
pre-leased condition at no expense to the lessor. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4679 
Public 
information. 
(d) The Secretary of Agriculture shall offer crops grown under 
the Demonstration Program for sale to the highest bidder under 
terms and conditions to be prescribed by the Secretary. Any crops 
not sold shall be disposed of as the Secretary determines to be 
appropriate, except that no crop may be given away to any for-
profit entity or farm op<irator. All receipts from crop sales shall 
be covered into the Treasury to the credit of the fund from which 
appropriations for the conduct of the Demonstration Program are 
derived. 
(e) The land fi*om each ownership in a study site shall be 
established by the Secretary as a separate farm. The Secretary 
of Agriculture shall provide for lessors to preserve the cropland 
base and history on lands leased to the Demonstration Project 
under the same terms and conditions provided for under section 
1236(b) of the Food Scscurity Act of 1985 (7 U.S.C. 3836(b)). 
EstabUshment of such study site farms shall not entitle the Sec-
retary to participate in farm programs or to build program base. 
(f) The Secretary shall periodically, but not less often than Reports 
once a year, report to the Committee on Energy and Natural 
Resources of the Senate, to the Committee on Interior and Insular 
Affairs and the Committee on Agriculture of the House of Represent-
atives, and to the (governor of South Daikota concerning the activi-
ties undertaken pursuant to this section. The Secretary's reports 
and other information aiiid data developed pursuant to this section 
shall be available to the public without charge. Each Demonstration 
Program report, including the report referred to in paragraph (3) 
of this subsection, shall evaluate data covering the results of the 
Demonstration Program as carried out on the six study sites during 
the period covered by the report together with data developed 
imder the wetlands enhancement aspect during that period. The 
demonstration phase of the Demonstration Program shall terminate 
at the conclusion of the fifth full irrigation season. Promptly there-
after, the Secretary shall: 
(1) remove temporary facilities and equipment and restore 
the study sites as nearly as practicable to their prelease condi-
tion. The Secretary may transfer the pumping plant and/or 
distribution lines to public agencies for uses other than commer-
cial irrigation if so doing would be less costly than removing 
such equipment; 
(2) otherwise wind up the Demonstration Program; and 
(3) prepare, in coordination with the Secretary of Agri-
culture, a concluding report and recommendations covering the 
entire demonstration phase, which report shall be transmitted 
by the Secretary to the Congress and to the Governor of South 
Dakota not later than April 1 of the calendar year following 
the calendar year in which the demonstration phase of the 
Demonstration Program terminates. The Secretary's concluding 
report, together with other information and data developed 
in the course of the Demonstration Program, shall be available 
to the public without charge. 
(g) Costs of the Demonstration Program funded by Congres-
sional appropriations shall be accounted for pursuant to the Act 
of October 29, 1971 (85 Stat. 416). Coste incurred by the State 
of South Dakota and any agencies thereof arising out of consultation 
and participation in the Demonstration Program shall not be 
reimbursed by the United States. 
Reports. 
^ i - - . 
106 STAT. 4680 
PUBLIC LAW 102-575—OCT. 30, 1992 
(h) Funding to cover expenses of the Federal agencies partici-
gating in the Demonstration Program shall be included in the 
udget submittals for the Bureau of Reclamation. The Secretary, 
using only funds appropriated for the Demonstration Program, shall 
transfer to the other Federal agencies fimds appropriated for their 
expenses. 
SEC. 2003. PLANNING REPORTS-ENVIRONMENTAL IMPACT STATE-
MENTS. 
(a) On the basis of the concluding report and recommendations 
of the Demonstration Program provided for in section 2002, the 
Secretan?^, with respect to the Lake Andes-Wagner Unit and the 
Marty II Unit, shall comply with the study and reporting require-
ments of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and regulations issued to implement the provisions 
Reports. 
thereof. The final reports prepared under this subsection shall 
be transmitted to the Congress simultaneously with their filing 
with the Environmental Protection Agency. 
(b) Each report prepared under subsection (a) shall include 
a detailed plan providing for the prevention or avoidance of adverse 
water quality conditions attributable to agricultural drainage water 
originating from lands to be irrigated by the Unit to which the 
report peitains. The Secretary shall not recommend that any funds 
be appropriated for construction of such Unit unless the respective 
report prepared pursuant to subsection (a) is accompanied by find-
ings by the Secretary of Agriculture, the Director of the United 
States Fish and Wildlife Service, and the Administrator of the 
Environmental Protection Agency that the Unit to which the report 
pertains can be constructed, operated and maintained so as to 
comply with all applicable water quality standards and avoid signifi-
cant adverse effects to fish and wildlife resulting from the 
bioaccumulation of selenium. 
(c) The construction of a Unit may not be imdertaken until 
the final report pertaining to that Unit, and the findings referred 
to in subsection (b) of this section, have lain before the Congress 
for not less than one hundred and eighty days and the Congress 
has appropriated funds for the initiation of construction. 
SEC. 2004. AUTHORIZATION OF THE LAKE ANDES-WAGNER UNIT AND 
THE MARTY II UNIT, SOUTH DAKOTA. 
Subject to the requirements of section 2003 of this title, the 
Secretary is authorized to construct, operate, and maintain the 
Lake Andes-Wagner Unit and the Marty II Unit, South Dakota, 
as units of the South Dakota Pumping Divisions, Pick-Sloan Mis-
souri Basin Program. The units shall be integrated physically and 
financially with other Federal works constructed under the Pick-
Sloan Missouri Basin Program. 
SEC. 2006. CONDITIONS. 
(a) The Lake Andes-Wagner Unit shall be constructed, operated 
and maintained to irrigate not more than approximately 45,000 
acres substantially as provided in the Lake Andes-Wagner Unit 
Planning Report—Final Environmental Impact Statement filed 
Septeml^r 17, 1985, supplemented as provided in section 2003 
of this title. The Lake Andes-Wagner Unit shall include on-farm 
pimips, irrigation sprinkler systems, and other on-farm facilities 
necessary for the irrigation of not to exceed approximately 1,700 
acres of Indian-owned lands. The use of electric power and energy 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4681 
required to operate the facilities for the irrigation of such Indian-
owned lands and to provide pressurization tor such Indian-owned 
lands shall be considered to be a project use. 
(b) The Marty II Unit shall include a river pump, irrigation 
distribution system, booster pumps, irrigation sprinkler systems, 
farm and project drains, electrical distribution facilities, and the 
pressurization to irrigate not more than approximately three thou-
sand acres of Indian-owned land in the Yankton-Sioux Indian Res-
ervation, substantially as provided in the final report for the Marty 
II Unit prepared pursuant to section 2003 of this title. 
(c) The construction costs of the Lake Andes-Wagner Unit allo-
cated to irrigation of non-Indian owned lands (both those assigned 
for return by the water users and those assigned for return nrom 
power revenues of the Pick-Sloan Missouri Basin Program) shall 
be repaid no later than forty years following a determination by 
the Secretary that the project is substantially complete. Repajrment 
of the construction costs of the Lake Andes-Wagner Unit appor-
tioned to serving Indian-owned lands and of Uie Marty II Unit 
allocated to irrigation shall be governed by Uie Act of July 1, 
1932 (47 Stat. 564, Chapter 369; 25 U.S.C. 386a). 
(d) Indian-owned lands, or interests therein, required for the 
Lake Andes-Wagner Unit or the Marty II Unit may, as an alter-
native to their acquisition pursuant to existing authority imder 
the Federal reclamation laws, be acquired by exchange for land 
or interests therein of equal or greater value which are owned 
by the United States and administered by the Secretary or which 
may be acquired for that purpose by the Secretary. 
(e) For purposes of participation of lands in the Lake Andes-
Wagner Unit and the Marty II Unit in programs covered by title 
V of the Agriculture Act of 1949 (7 U.S.C. 1461, et seq.) as amended 
by subtitle A of title XI of the Food, Agriculture, Conservation 
and Trade Act of 1990 the crop acreage base determined under 
title V of that Act as so amended and the program payment jdeld 
determined imder title V of that Act as so amended shall be the 
crop acreage base and program payment yield established for the 
crop year immediately preceding the crop year in which the develop-
ment period for each Unit is initiated. For any successor programs 
established for crop years subsequent to 1995, the acreage and 
yield on which any program pajrments are based shall be determined 
without taking into consideration any increase in acreage or yield 
resulting from the construction and operation of the Units. 
(0 Mitigation of fish and wildlue losses incurred as a result 
of the construction and operation of the facilities authorized by 
this section shall be concurrent with the construction of the Unit 
involved and shall be on an acre-for-acre basis, based on ecological 
equivalency. In addition to the fish and wildlife enhancement to 
be provided by the fish rearing pond of the Lake Andes Unit, 
other facilities of that Unit may oe utilized to provide fish and 
wildlife benefits beyond the mitigation required to the extent that 
such benefits may be provided without increasing costs of construc-
tion, operation, maintenance or replacement allocable to irrigation 
or impairing the efficiency of that Unit for irrigation purposes. 
SEC. 2006. INDIAN EMPLOYMENT. 
In carrying out sections 2002, 2004 and 2005 of this title, 
preference shall be given to the employment of members of the 
Yankton-Sioux Tribe who can perform the work required regardless 
106 STAT. 4682 
PUBLIC LAW 102-575—OCT. 30, 1992 
of age (subject to existing laws and regulations), sex, or religion, 
and to the extent feasible in connection witli the efficient perform-
ance of such functions, training and employment opportunities shall 
be provided to members of the Yankton-Sioux Tribe regardless 
of age (subject to existing laws and regulations), sex, or religion 
who are not fully qualified to perform such functions. 
SEC. 2007. FEDERAL RECLAMATION LAWS GOVERN. 
This title is a supplement to the Federal reclamation laws 
(Act of June 17, 1902, 32 Stat. 388, and Acts supplemental thereto 
and amendatory thereof). The Federal reclamation laws shall govern 
all functions undertaken pursuant to this title, except as otherwise 
provided in this title. 
SEC. 2008. COST SHARING. 
(a) IN GENERAL.—^The Secretary is authorized and directed 
to enter into negotiations with State and local interests for an 
agreement providing for the equitable sharing of the costs of con-
structing the Lake Andes-Wagner Unit. 
(b) The agreement shall include provisions for: 
(1) the establishment and capitalization of the non-Federal 
fund, including, subject to the Secretary's approval, investment 
policies and selection of the administering nnancial institution, 
and including also provisions dealing with withdrawals of mon-
eys in the fund for construction purposes; 
(2) the District to administer the design and construction, 
which shall be subject to the approval of the Secretary, of 
the distribution and drainage systems for the Lake Andes-
Wagner Unit; 
(3) financing, from moneys in the fund referred to in para-
graph (1), the construction cost of the ring dike; and 
(4) financing, from moneys in the fund referred to in para-
* 
graph (1), the construction cost of the Unit's closed drainage 
system; subject to the conditions that: 
(A) construction of the closed drainage system shall 
commence not earlier than the sixth year of full operation 
of the Unit and shall continue over a period of thirty-
five years as reauired by the Secretary subject to such 
modincations in tne commencement date and the construc-
tion period as the Secretary determines to be required 
on the basis of physical conditions; and 
(B) the District, in addition to such annual assessment 
as may be required to meet its expenses (including oper-
ation and maintenance costs and any annual repayment 
installments to the United Stated) shall, commencing three 
years after issuance by the Secretary of a notice that 
construction of the Unit (other than drainage facilities) 
has been completed, levy assessments annually of not less 
than $1.00 per irrigable acre calculated to provide moneys 
sufficient, together with other moneys in the fund, includ-
ing anticipated accruals, referred to in paragraph (1), to 
finance the construction of the closed drainage system. 
(c) Notwithstanding any other requirements of this section, 
the Secretary shall require that the agreement to be negotiated 
pursuant to this section shall provide that the total non-Federal 
share of the costs of construction allocable to irrigation of the 
facilities of the Lake Andes-Wagner Unit to be constructed pursuant 
to subsection (a) of section 2004 of this title (other than the costs 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4683 
apportionable to serving Indian-owned lands and the facilities 
described in the second sentence of that subsection) shall be 30 
percent. The 30 percent non-Federal share shall include: 
(1) funds to be deposited in the non-Federal fund referred 
to in pcuragraph (1) of subsection (b) of this section and interest 
earned thereon; 
(2) all funds heretofore or hereafter made available to 
the United States by non-Federal interests, or expended by 
such interests, for planning or advance planning assistance 
for the Lake Andes-Wagner Unit or for the Marty II Unit; 
and 
(3) any feature to which this section applies shall not 
be initiatea until after the District and the State have entered 
into the cost-share agreement with the United States required 
by this section. 
SEC. 2009. AUTHORIZATION OF APPROPRIATIONS. 
(a) LAKE ANDES-WAGNER UNIT.—There are authorized to be 
appropriated, subject to the findings required pursuant to section 
2003(b) of this t i t l e -
CD $175,000,000 (October 1989 price levels) for construction 
of the Lake Andes-Wagner Unit (other than the facilities 
described in the second sentence of subsection (a) of section 
2005 of this title) less the non-Federal contributions as provided 
in subsections (b) and (c) of section 2008 of this title; and 
(2) $1,350,000 (October 1989 price levels) for construction 
of the facilities described in the second sentence of subsection 
(a) of section 2005 of this title, which amounts include costs 
of the Lake Andes-Wagner Irrigation District in administering 
design and construction of the irrigation distribution and drain-
age systems. 
(b) MARTY II UNIT.—^There are authorized to be appropriated 
$24,000,000 (January 1989 price levels) for construction by the 
Bureau of Reclamation in consultation with the Bureau of Indian 
Affairs of the Marty II Unit. 
(c) The amounts authorized to be appropriated by subsections 
(a) and (b) of this section shall be plus or minus such amounts, 
if any, as may be required by reason of changes in construction 
costs as indicated by engineering cost indices applicable to the 
type of construction involved. 
(d) DEMONSTRATION PROGRAM.—There are authorized to be 
appropriated such amoimts as may be necessary to carry out the 
Demonstration Program. 
(e) OPERATION AND MAINTENANCE.—There are authorized to 
be appropriated such amounts as may be necessary for the operation 
and maintenance of each Unit. 
SEC. 2010. INDIAN WATER RIGHTS. 
Nothing in this title shall be construed as affecting any water 
rights or claims thereto of the Yankton-Sioux tribe. 
TITLE XXI—RIO GRANDE FLOODWAY, SAN ACACIA TO 
BOSQUE DEL APACHE UNIT, NEW MEXICO 
SEC. 2101. CLARIFICATION OF COST-SHARE REQUIREMENTS. 
Notwithstanding any other provision of law, the project for 
flood control, Rio Grande Floodway, San Acacia to Bosque del 
Apache Unit, New Mexico, authorized by section 203 of the Flood 
106 STAT. 4684 
PUBLIC LAW 102-575—OCT. 30, 1992 
Control Act of 1948 (Public Law 80-858) and amended by section 
204 of the Flood Control Act of 1950 (Public Law 82-616) is modified 
to more equitably reflect the non-Federal benefits from the project 
in relation to the total benefits of the project by reducing the 
non-Federal contribution for the proiect by that percentage of bene-
fits which is attributable to the Federal properties: Provided, how-
ever. That the Federal property benefits exceed 50 per centum 
of the total project benefits. 
TITLE XXn—SUNNYSroE VALLEY IRRIGATION DISTRICT, 
WASHINGTON 
SEC. 2201. CONVEYANCE TO SUNNYSIDE VALLEY IRRIGATION DIS-
TRICT. 
The Secretaiy of the Interior shall convey to Sunnyside Valley 
Irrigation District of Stmnyside, Washington, by quitclaim deed 
or other appropriate instrument and without consideration, all 
right, title, and interest of the United States, excluding oil, gas, 
and other mineral deposits, in and to a parcel of public land 
described at lots 1 and 2 of block 34 of the town of Sunnyside 
in section 25, township 10 north, range 22 east, Willamette Merid-
ian, Washington. 
TITLE XXni—PLATORO RESERVOIR AND DAM, SAN LUIS 
VALLEY PROJECT, COLORADO 
SEC. 2301. FINDINGS AND DECLARATIONS. 
The Congress finds that and declares the following: 
(1) Platoro Dam and Reservoir of the Platoro Unit of the 
Conejos Division of the San Luis Valley Project was built in 
1951 and for all practical purposes has not been usable because 
of the constraints imposed by the Rio Grande Compact of 1939 
on the use of the Rio Grande River among the States of Colo-
rado, New Mexico, and Texas. 
(2) The usefulness of Platoro Reservoir under fiiture com-
pact compliance depends upon the careful conservation and 
wise management of water and requires the operation of the 
reservoir project in conjunction with privately owned water 
rights of the local water users. 
(3) It is in the best interest of the people of the United 
States to— 
(A) transfer operation, maintenance, and replacement 
responsibility for the Platoro Dam and Reservoir to the 
Conejos Water Conservancy District of the State of Colo-
rado, which is the local water user district with repayment 
responsibility to the United States, and the local represent-
ative of the water users with privately owned water rights; 
(B) relieve the people of the United States from further 
risk Or obligation in connection with the collection of 
construction charge repa3mients and annual operation and 
maintenance payments for the Platoro Dam and Reservoir 
by providing for payment of a one-time fee to the United 
States in lieu of the scheduled annual payments and termi-
nation of any further repayment obligation to the United 
States and the District (Contract Number Ilr-1529, as 
amended); and 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4685 
(C) determine such one-time fee, taking into accoimt 
the assumption by the District of all of the operations 
and maintenance costs associated with the reservoir, 
including the existing Federal obligation for the operation 
and maintenance of the reservoir for flood control piuposes, 
and maintaining a minimimi stream flow as provided in 
section 2302(d) of this title. 
SEC. 2302. TRANSFER OF OPERATION AND BfAINTENANCE RESPON-
SranJTY OF PLATORO RESERVOIR. 
(a) IN GENERAL.—^The Secretary is authorized and directed 
to imdertake the following: 
(1) Accept a one-time payment of $450,000 from the district 
in lieu of the repajonent obligation of paragraphs 8(d) and 
11 of the Repajnnent Contract between the United States and 
the District (Number Ilr-1529) as amended. 
(2) Enter into an agreement for the transfer of all of the 
operation and maintenance functions of the Platoro Dam and 
Reservoir, including the operation and maintenance of the res-
ervoir for flood control purposes, to the District. The agreement 
shall provide— 
(A) that the District will have the exclusive responsibil-
ity for operations and the sole obligation for all of the 
maintenance of the reservoir in a satisfactory condition 
for the life of the reservoir subject to review of such mainte-
nance by the Secretary to ensure compliance with reason-
able operation, maintenance and dam safety requirements 
as they apply to Platoro Dam, and Reservoir under Federal 
and Stiate law; and, 
(B) that the District shall have the exclusive use and 
sole responsibility for maintenance of all associated facili-
ties, including outlet works, remote control equipment, 
spillway, and land and buildings in the Platoro townsite. 
llie District shall have sole responsibility for maintaining 
the land and buildings in a condition satisfactory to the 
United States Forest Service. 
(b) TITLE.—Title to the Platoro Dam and Reservoir and all 
associated facilities shall remain with the United States, and 
authority to make recreational use of Platoro Dam and Reservoir 
shall be under the control and supervision of the United States 
Forest Service, Department of Agriculture. 
(c) AMENDMENTS T
O CONTRACT.—The Secretary is authorized 
to enter into such other amendments to such contract Number 
Ilr-1529, as amended, necessary to facilitate the intended oper-
ations of the project by the District. All applicable provisions of 
the Federal reclamation laws shall remain in efTect with respect 
to such contract. 
(d) CONDITIONS IMPOSED UPON THE DISTRICT.—^The transfer 
of operation and maintenance responsibility under subsection (a) 
shall be subject to the following conditions: 
(IXA) The district will, after consultation with the United 
States Forest Service, Department of Agriculture, operate the 
Platoro Dam and Reservoir in such a way as to provide— 
(i) that releases of bypass from the reservoir flush 
out the channel of the Conejos River periodically in the 
spring or early summer to maintain the hydrologic regime 
of the river; and 
106 STAT. 4686 
PUBLIC LAW 102-575—OCT. 30, 1992 
(ii) that any releases from the reservoir contribute 
to even flows in the river as far as possible from October 
1 to December 1 so as to be sensitive to the brown trout 
spawn. 
(B) Operation of the Platoro Dam and Reservoir by the 
District for water supply uses (including storage and exchange 
of water rights owned by the District or its constituents), inter-
state compact and flood control purposes shall be senior and 
paramount to the channel flushing and fishery objectives 
referred to in subparagraph (A). 
(2) The District will provide and maintain a permanent 
pool in the Platoro Reservoir for fish, wildlife, and recreation 
purposes, in the amount of three thousand acre-feet, including 
the initial filling of the pool and periodic replenishment of 
seepage and evaporation loss: Provided, however, That if nec-
essary to maintain the winter instream flow provided in 
subparagraph (3), the permanent pool may be allowed to be 
reduced to two thousand four hundred acre-feet. 
(3) In order to preserve fish and wildlife habitat below 
Platoro Reservoir, the District shall maintain releases of water 
from Platoro Reservoir of seven cubic feet per second during 
the months of October through April and shall b5T)ass forty 
cubic feet per second or natural inflow, whichever is less, during 
the months of May through September. 
(4) The United States Forest Service, Department of Agri-
culture, is directed to regularly monitor operation of Platoro 
Reservoir, including releases from it for instream flow purposes, 
and to enforce the provisions of this subsection under the 
laws, regulations, and rules applicable to the National Forest 
System. 
(e) FLOOD CONTROL MANAGEMENT.—The Secretary of the Army, 
acting through the Chief of Engineers, shall retain exclusive author-
ity over Platoro Dam and Reservoir for flood control purposes and 
shall direct the District in the operation of the dam for such pur-
poses. To the extent possible, management by the Secretary of 
the Army under this subsection shall be consistent with the water 
supply use of the reservoir, with the administration of the Rio 
Grande Compact of 1939 by the Colorado State Engineer and with 
the provisions of subsection (d) hereof. The Secretary of the Army 
shall enter into a Letter of Understanding with the District and 
the United States Bureau of Reclamation prior to transfer of oper-
ations which details the responsibility of each party and specifies 
the flood control criteria for the reservoir. 
(0 COMPLIANCE WITH COMPACT AND OTHER LAWS.—^The transfer 
under section 2302 shall be subject to the District's compliance 
with the Rio Grande Compact of 1939 and all other applicable 
laws and regulations, whether of the State of Colorado or of the 
United States. 
SEC. 2303. DEFINITIONS. 
As used in this title— 
(1) the term "District" means the Conejos Water Conser-
vancy District of the State of Colorado; 
(2) the term "Federal reclamation laws" means the Act 
of June 17, 1902 (32 Stat. 388), and Acts supplementary thereto 
and amendatory thereof; 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4687 
(3) the term Tlatoro Reservoir" means the Platoro Dam 
and Reservoir of the Platoro Unit of the Conejos Division of 
the San Luis Valley Project; and 
(4) the term "Secretarjr" means the Secretary of the 
Interior. 
TITLE XXIV—REDWOOD VALLEY COUNTY WATER 
DISTRICT, CALIFORNIA 
SEC. 2401. SALE OF BUREAU OF RECLAMATION LOANS. 
. (a) The Secretary of the Interior (hereinafter in this title 
referred to as the "Secretary^) shall conduct appropriate investiga-
tions regarding, and is authorized to, sell, or accept prepayment 
on, loans made pursuant to the Small Reclamation Projects Act 
(43 U.S.C. 422a-4221) to the Redwood Valley County Water District. 
(b) Any sale or prepayment of such loans, which are numbered 
14-06-200-8423A and 14-06-200-842A Amendatory to the Red-
wood Valley County Water District, shall realize an amount to 
the Federal Government calculated by discounting the remaining 
payments due on the loans by the interest rate determined accord-
mg to this section. 
(c) The Secretary shall determine the interest rate in accordance 
with the guidelines set forth in Circular A-129 issued by the 
OfiEice of Management and Budget concerning loan sales and prepay-
ment of loans. 
(d) In determining the interest rate, the Secretary— 
(1) shall not equate an appropriate amount of prepayment 
with the price of the loan if it were to be sold on the open 
market to a third party, and 
(2) shall, in following the guidelines set forth in Circular 
A-129 regarding an allowance for administrative expenses and 
possible losses, make such an allowance from the perspective 
of the Federal Government as lender and not from the perspec-
tive of a third party purchasing the loan on the open market. 
(e) If the borrower or purchaser of the loan has access to 
tax-exempt financing (incluoing, but not limited to, tax-exempt 
bonds, tax-exempt cash reserves, and cash and loans of any kind 
from any tax-exempt entity) to finance the transaction, and if the 
Office of Management and Budget grants the Secretary the ri^ht 
to conduct such a transaction, then the interest rate by which 
the Secretaiy discounts the remaining pajnnents due on the loan 
shall be a4justed by an amount that compensates the Federal 
Government for the direct or indirect loss of future tax revenues. 
(f) Notwithstanding any other provision in this title, the interest 
rate shall not exceed a composite interest rate consisting of the 
current market yield on Treasury securities of comparable matu-
rities. 
(g) The Secretary shall obtain approval from the Secretary 
of the Treasury and the Director of the Office of Management 
and Budget of the final terms of any loan sale or prepajrment 
made pursuant to this title. 
SEC. 2402. SAVINGS PROVISIONS. 
Nothing in this title, including prepa3rment or other disposition 
of any loans, shall— 
(a) except to the extent that prepayment may have been 
authorized heretofore, reheve the borrower from the applica-
59-194 O—93 
5 : QL 3 (Pt. 6) 
106 STAT. 4688 
PUBLIC LAW 102-575—OCT. 30, 1992 
tions of the provisions of the Federal Reclamation Law (Act 
of June 17, 1902, and Acts amendatory thereof or supple-
mentary thereto, including the Reclamation Reform Act of 
1982), including acreage limitations, to the extent such provi-
sions would apply absent such prepayment; or 
(b) authorize the transfer of title to any federally owned 
facilities funded by the loans specified in section 2201 of this 
title without a specific Act of Congress. 
SEC. 2403. FEES AND EXPENSES OF PROGRAM. 
In addition to the amount to be realized by the United States 
as provided in section 2201, the Redwood Valley County Water 
District shall pay all reasonable fees and expenses incurred by 
the Secretary relative to the sale. 
SEC. 2404. TERMINATION OF AUTHORITY. 
The authority granted by this title to sell loans shall terminate 
two vears after the date of enactment of this Act: Provided, That 
the borrower shall have at least sixty days to respond to any 
prepayment offer made by the Secretary. 
TITLE XXV—UNITED WATER CONSERVATION DISTRICT, 
CALIFORNIA 
SEC. 2501. SALE 
OF THE 
FREEMAN 
DIVERSION 
IMPROVEMENT 
PROJECT LOAN. 
(a) AGREEMENT.— 
(1) IN GENERAL.—^As soon as practicable after the date 
of enactment of this Act, the Secretary of the Interior shall 
conduct appropriate investigations regarding, and is authorized 
to sell, or accept prepa)nment on, the loan contract described 
in paragraph (2) to the United Water Conservation District 
in California (referred to in this title as the "District") for 
the Freeman Diversion Improvement Project. 
(2) LOAN CONTRACT.—^The loan contract described in para-
graph (1) is numbered 7-07-20-W0615 and was entered into 
pursuant to the Small Reclamation Projects Act of 1956 (43 
U.S.C. 422a et seq.). 
(b) PAYMENT.—^Any agreement negotiated pursuant to sub-
section (a) shall realize an amount to the Federal Government 
calculated by discounting the remaining payments due on the loans 
by the interest rate determined according to this section. 
(c) The Secretary shall determine the interest rate in accordance 
with the guidelines set forth in Circular A-129 issued by the 
Ofllce of Management and Budget concerning loan sales and prepay-
ment of loans. 
(d) In determining the interest rate, the Secretary— 
(1) shall not equate an appropriate amount of prepa3nnent 
with the price of the loan if it were to be sold on me open 
market to a third party, and 
(2) shall, in following the guidelines set forth in Circular 
A-129 regarding an allowance for administrative expenses and 
possible losses, make such an allowance from the perspective 
of the Federal Government as lender and not from the perspec-
tive of a third party purchasing the loan on the open market. 
(e) If the borrower or purchaser of the loan has access to 
tax-exempt financing (including, but not limited to, tax-exempt 
bonds, tax-exempt cash reserves, and cash and loans of any kind 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4689 
from any tax-exempt entitv) to finance the transaction, and if the 
Office of Management and Budget grants the Secretary the right 
to conduct such a transaction, then the interest rate by which 
the Secretaiy discounts the remaining pajrments due on the loan 
shall be adjusted by an amount that compensates the Federal 
Government for the direct or indirect loss of future tax revenues. 
(f) Notwithstanding any other provision in this title, the interest 
rate shall not exceed a composite interest rate consisting of the 
current market yield on Treasury securities of comparable matu-
rities. 
(g) The Secretary shall obtain approval from the Secretary 
of the Treasury and the Director of the Office of Management 
and Budget of the final terms of any loan sale or prepa3niient 
made pursuant to this title. 
SEC. 2502. TERMINATION AND CONVEYANCE OF RIGHTS. 
Upon receipt of the pa3anent specified in section 2301(b)— 
(1) the District's obligation under the loan contract 
described in section 2301(aX2) shall be terminated; 
(2) the Secretaiy of the Interior shall convey all right 
and interest of the United States in the Freeman Diversion 
Improvement Project to the District; and 
(3) the District shall absolve the United States, and its 
officers and agents, of any liability associated with the Freeman 
Diversion Improvement Project. 
SEC. 2503. TERMINATION OF AUTHORITY. 
The authority granted by this title to sell loans shall terminate 
two vears after the date of enactment of this Act: Provided, That 
the borrower shall have at least sixty days to respond to any 
prepayment offer made by the Secretary. 
TITLE XXVI—HIGH PLAINS GROUNDWATER PROGRAM 
SEC. 2601. HIGH PLAINS STATES GROUNDWATER DEMONSTRATION 
PROGRAM ACT. 
The High Plains States Groundwater Demonstration Program 
Act of 1983 (43 U.S.C. 390g-l et seq.) is amended as follows: 
(1) Section 4(cX2) and section 5 are each amended by 43 use 390g-2, 
striking "final report" each place it appears and inserting "sum- ^^^s~^-
mary report". 
(2) Section 4(c) is amended by adding at the end the 
following: 
"(3) In addition to recommendations made under 
section 3, the Secretary shall make additional recommenda-
tions for design, construction, and operation of demonstra-
tion projects. Such projects are authorized to be designed, 
constructed, and operated in accordance with subsection 
(a). 
"(4) Each project under this section shall terminate 
five years after the date on which construction on the 
project is completed. 
"(5) At the conclusion of phase II the Secretary shall Reports. 
submit a final report to the Cfongress which shall include, 
but not be limited to, a detailed evaluation of the projects 
under this section.". 
(3) Section 7 is amended by striking "$20,000,000 (October 43 USC 390g-5. 
1983 price levels)" and inserting in lieu thereof "$31,000,000 
106 STAT. 4690 
PUBLIC LAW 102-575—OCT. 30, 1992 
(October 1990 price levels) plus or minus such amounts, if 
any, as may be required by reason of ordinary fluctuations 
in construction costs as indicated by engineering cost indexes 
applicable to the type of construction involved herein". 
TITLE XXVn—MONTANA niRIGATION PROJECTS 
SEC. 2701. PICK-SLOAN PROJECT PUMPING POWER. 
(a) The Secretary of the Interior, in cooperation with the Sec-
retary of Energy, shall make available, as soon as practicable after 
the date of enactment of this Act, project punu>ing power from 
the Pick-Sloan Missouri River Basin Ptogram (authorized by section 
9 of the Act entitled ''An Act authorizing the construction of certain 
public works on rivers and harbors for flood control, and for other 
purposes" approved December 22, 1944 (58 Stat. 891) (commonly 
known as the Tlood Control Act of 1944") to two existing non-
Federal irrigation projects known as the— 
(1) Haidle Irrigation Project, Prairie County, Montana; and 
(2) Hammond 
Irrigation 
District, Rosebud 
County, 
Montana. 
Provided, That the two districts are determined by the Secretary 
of Energy to be public agencies, as that term is used in section 
9(c) of the Reclamation Project Act of 1939, 43 U.S.C. section 
485h(c). 
(b) Power made available under this section shall be at the 
firm power rate. 
Reclamation 
TITLE XXVIII—RECLAMATION RECREATION 
S^ement 
MANAGEMENT ACT 
Act of 1992. 
16 use 460/-31 
SEC. 2801. SHORT TITLE. 
This title may be cited as the lleclamation Recreation Manage-
ment Act of 1992 . 
note. 
16 use 460Z-31. 
SEC. 2802. FINDINGS. 
The Congress finds and declares the following: 
(1) There is a Federal responsibility to provide opportuni-
ties for public recreation at Federal water projects. 
(2) Some provisions of the Federal Water Project Recreation 
Act are outdated becaiise of increases in demand for outdoor 
recreation and changes in the economic climate for recreation 
managing entities. 
(3) Provisions of such Act relating to non-Federal respon-
sibility for all costs of operation, maintenance, and replacement 
of recreation facilities result in an unfair burden, especially 
in cases where the facilities are old or underdesigned. 
(4) Provisions of such Act that limit the Federal share 
of recreation facility development at water projects completed 
before 1965 to $100,000 preclude a responsible Federal share 
in providing adequate opportunities for safe outdoor recreation. 
(5) There should be Federal authority to expand existing 
recreation facilities to meet jpubUc demand, in partnership with 
non-Federal interests. 
(6) Nothing in this title changes the responsibility of the 
Bureau to meet the purposes for which Federal Reclamation 
projects were initially authorized and constructed. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4691 
(7) It is therefore in the best interest of the people of 
this Nation to amend the Federal Water Project Recreation 
Act to remove outdated restrictions and authorize the Secretary 
of the Interior to undertake specific measures for the manage-
ment of Reclamation lands. 
SEC. 2803. DEFINITIONS. 
16 USC 460;-32. 
For the purposes of this title: 
(1) The term "Reclamation lands" means real property 
administered by the Secretary, acting through the Commis-
sioner of Reclamation, and includes all acquired and withdrawn 
lands and water areas imder jurisdiction of the Bureau. 
(2) The term "Reclamation program" means any activity 
authorized under the Federal reclamation laws (the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371)), 
and Acts supplementary thereto and amendatory thereof). 
(3) The term "Reclamation project" means any water supply 
or water delivery project constructed or administered by the 
Bureau of Reclamation imder the Federal reclamation laws 
(the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 
U.S.C. 371), and Acts supplementary thereto and amendatory 
thereof). 
(4) The term "Secretary" means the Secretary of the 
Interior. 
SEC. 2804. AMENDMENTS TO THE FEDERAL WATER PROJECT RECRE-
ATION ACT. 
(a) ALLOCATION OF COSTS.—Section 2(a) of the Federal Water 
Project Recreation Act (16 U.S.C. 4601-13(a)) is amended, in the 
matter preceding paragraph (1), by striking "all the costs of oper-
ation, maintenance, and replacement" and inserting "not less than 
one-half the costs of operation, maintenance, and replacement". 
(b) RECREATION AND FISH AND WILDLIFE ENHANCEMENT.—Sec-
tion 3(bXl) of the Federal Water Project Recreation Act (16 U.S.C. 
4601-14(bXl)) is amended— 
(1) by striking "within ten years"; and 
(2) by striking "all costs of operation, maintenance, and 
replacement attributable" and inserting "not less than one-
half the costs of planning studies, and the costs of operation, 
maintenance, and replacement attributable". 
(c) LEASE OF FACILITIES.—Section 4 of the Federal Water Project 
Recreation Act (16 U.S.C. 4601-15) is amended by striking "costs 
of operation, maintenance, and replacement of existing" and insert-
ing "not less than one-half the costs of operation, maintenance, 
and replacement of existing". 
(d) EXPANSION OR MODIFICATION OF EXISTING FACILITIES.— 
Section 3 of the Federal Water Project Recreation Act (16 U.S.C. 
4601-14) is amended by adding at tne end the following new sub-
section: 
"(cXD Any recreation facility constructed under this Act may 
be expanded or modified if— 
"(A) the facility is inadequate to meet 
recreational 
demands; and 
"(B) a non-Federal public body executes an agreement 
which provides that such public body— 
"(i) will administer the expanded or modified facilities 
pursuant to a plan for development for the project that 
106 STAT. 4692 
PUBLIC LAW 102-575—OCT. 30, 1992 
is approved by the agency with administrative jurisdiction 
over the project; and 
"(ii) will bear not less than one-half of the planning 
and capital costs of such expansion or modification and 
not less than one-half of the costs of the operation, mainte-
nance, and replacement attributable to the expansion of 
the facility. 
"(2) The Federal share of the cost of expanding or modifying 
a recreational facility described in paragraph (1) may not exceed 
50 percent of the total cost of expanding or modifying the facility.", 
(e) LIMITATION.—Section 7(a) of the Federal Water Project 
Recreation Act (16 U.S.C. 4601-18(a)) is amended— 
(1) by striking ''purposes: Provided,*' and all that follows 
through tiie end of the sentence and inserting "purposes"; and 
(2) by striking "subsection SOiT and inserting "subsection 
(b) or (c) of section 3". 
16 use 460/-33. 
SEC. 280S. MANAGEMENT OF RECLAMATION LANDS. 
(a) ADMINISTRATION.—(1) Upon a determination that any such 
fee, charge, or commission is reasonable and appropriate, the Sec-
retary acting through the Commissioner of Reclamation, is author-
ized to establish— 
(A) 
filing 
fees for applications and other documents concern-
ing entry upon and use of Reclamation lands; 
(B) recreation user fees; and 
(C) charges or commissions for the use of Reclamation 
lands. 
Regulations. 
(2) The Secretary, acting through the Commissioner of Reclama-
tion, shall promulgate such regulations as the Secretary determines 
to be necessary— 
(A) to carry out the provisions of this section and section 
2806; 
(B) to ensure the protection, comfort, and well-being of 
the public (including the protection of public safety) with respect 
to the use of Reclamation lands; and 
(C) to ensure the protection of resource values. 
(b) INVENTORY.—^The Secretary, acting through the Commis-
sioner of Reclamation, is authorized to— 
(1) prepare and maintain on a continuing basis an inven-
tory of resources and uses made of Reclamation lands and 
resources, keep records of such inventory, and make such 
records available to the public; and 
(2) ascertain the boundaries of Reclamation lands and pro-
vide a means for public identification (including, where appro-
priate, providing signs and maps). 
(c) PLANNING.—(IXA) The Secretary, acting through the 
Commissioner of Reclamation, is authorized to develop, maintain, 
and revise resource management plans for Reclamation lands. 
(B) Each plan described in subparagraph (A)— 
(i) shall be consistent witii applicable laws (including any 
applicable statute, regulation, or Executive order); 
(ii) shall be developed in consultation with— 
(I) such heads of Federal and non-Federal departments 
or agencies as the Secretary determines to be appropriate; 
and 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4693 
(II) the authorized beneficiaries (as determined by the 
Secretary) of any Reclamation project included in the plan; 
and 
(iii) shall be developed with appropriate public participa-
tion. 
(C) Each plan described in subparagraph (A) shall provide 
for the development, use, conservation, protection, enhancement, 
and management of resources of Reclamation lands in a manner 
that is compatible with the authorized purposes of the Reclamation 
project associated with the Reclamation lands. 
(d) NONREIMBURSABLE FUNDS.—Fimds expended by the Sec-
retary in carrying out the provisions of this title shall be 
nonreimbursable under the Federal reclamation laws (the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371), and 
Acts supplementary thereto and amendatory thereof). 
SEC. 2806. PROTECTION OF AUTHORIZED PURPOSES OF RECLAMA- 16 USC 460/-34. 
HON PROJECTS. 
(a) Nothing in this title shall be construed to change, modify, 
or expand the authorized purposes of any Reclamation project. 
(b) The expansion or modification of a recreational facility con-
structed under this title shall not increase the capital repajonent 
responsibilities or operation and maintenance expenses of the bene-
ficiaries of authorized purposes of the associated Reclamation 
project. The term "benenciaries" does not include those entities 
who sign agreements or enter into contracts for recreation facilities 
pursuant to the Federal Water Project Recreation Act. 
TITLE XXIX—SAN JUAN SUBURBAN WATER DISTRICT 
SEC. 2901. REPAYMENT OF WATER PUMPS, SAN JUAN SUBURBAN 
WATER DISTRICT, CENTRAL VALLEY PROJECT, CAU-
FORNIA. 
(a) WATER PUMP REPAYMENT.—The Secretary shall credit to 
the unpaid capital obligation of the San Juan Suburban Water 
District (District), as calculated in accordance with the Central 
Valley Project ratesetting policy, an amount eaual to the docu-
mented price paid by the District for piunps and motors provided 
by the District to the Bureau of Reclamation, in 1991 and 1992, 
for installation at Folsom Dam, Central Valley Project, California. 
(b) CONDITIONS.—(1) The amount credited shall not include 
any indirect or overhead costs associated with the acquisition of 
the pumps and motors, such as those associated with the negotiation 
of a sales price or procurement contract, inspection, and delivery 
of the pumps and motors from the seller to the Bureau of Recla-
mation. 
(2) The credit is efTective on the dates the pumps and motors 
were delivered to the Bureau of Reclamation for installation at 
Folsom Dam. 
TITLE XXX—WESTERN WATER POUCY REVIEW 
Western Water 
Policy Review 
Act of 1992. 
SEC. 3001. SHORT TITLE. 
43 USC 371 
This title may be cited as the "Western Water Policy Review 
Act of 1992." 
106 STAT. 4694 
PUBLIC LAW 102-575—OCT. 30, 1992 
SEC. 3002. CONGRESSIONAL FINDINGS. 
The Congress finds that— 
(1) the Nation needs an adequate water supply for all 
states at a reasonable cost; 
(2) the demands on the Nation's finite water supply are 
increasing; 
(3) coordination on both the Federal level and the local 
level is needed to achieve water policy objectives; 
(4) not less than fourteen agencies of the Federal Govern-
ment are currently charged with functions relating to the over-
sight of water policy; 
(5) the diverse authority over Federal water policy has 
resulted in imclear goals and an inefficient handling of the 
Nation's water policy; 
(6) the conflict between competing goals and objectives 
by Federal, State, and local agencies as well as by private 
water users is particularly acute in the nineteen Western States 
which have arid climates which include the seventeen reclama-
tion States, Hawaii, and Alaska; 
(7) the appropriations doctrine of water allocation which 
characterizes most western water management regimes varies 
from State to State, and results in many instances in increased 
competition for limited resources; 
(8) the Federal Government has recognized and continues 
to recognize the primary jurisdiction of the several States over 
the allocation, priority, and use of water resources of the States, 
except to the extent such jurisdiction has been preempted in 
whole or in part by the Federal Grovemment, including, but 
not limited to, express or implied Federal reserved water rights 
either for itself or for the benefit of Indian Tribes, and that 
the Federal Government will, in exercising its authorities, com-
ply with applicable State laws; 
(9) the Federal Grovernment recognizes its trust responsibil-
ities to protect Indian water rights and assist Tribes in the 
wise use of those resources; 
(10) Federal agencies, such as the Bureau of Reclamation, 
have had, and will continue to have major responsibilities in 
assisting States in the wise management and allocation of 
scarce water resources; and 
(11) the Secretary of the Interior, given his responsibilities 
for management of public land, trust responsibilities for 
Indians, administration of the reclamation program, investiga-
tions and reviews into ground water resources through the 
(Geologic Survey, and the Secretary of the Army, given his 
responsibilities for flood control, water supply, hydroelectric 
power, recreation, and fish and wildlife enhancement, have 
the resources to assist in a comprehensive review, in consulta-
tion with appropriate officials from the nineteen Western 
States, into the problems and potential solutions facing the 
nineteen Western States and the Federal (Government in the 
increasing competition for the scarce water resources of the 
Western States. 
SEC. 3003. PRESIDENTIAL REVIEW. 
Reports. 
(a) The President is directed to undertake a comprehensive 
review of Federal activities in the nineteen Western States which 
directly or indirectly affect the allocation and use of water resources, 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4695 
President. 
Establishment. 
whether surface or subsurface, and to submit a report on the 
President's findings, together with recommendations, if any, to the 
Committees on Energy and Natural Resources, Environment and 
Public Works and Appropriations of the Senate and the Committees 
on Interior and Insular Affairs, Public Works and Transportation, 
Merchant Marine and Fisheries and Appropriations of tne House 
of Representatives. 
(o) Such report shall be submitted within three years from 
the date of enactment of this Act. 
(c) In conducting the review and preparing the report, the 
President is directed to consult with the Advisory Commission 
established under section 3004 of this title, and may request the 
Secretary of the Interior and the Secretary of the Army or other 
Federal officials or the Commission to undertake such studies or 
other analyses as the President determines would assist in the 
review. 
(d) The President shall consult periodically with the Commis-
sion, and upon the request of the President, the heads of other 
Federal agencies are directed to cooperate with and assist the 
Commission in its activities. 
SEC. 3004. THE ADVISORY COMMISSION. 
(a) The President shall appoint an Advisory Commission (here-
after in this title referred to as the "Commission") to assist in 
the preparation and review of the report required under this title. 
(b) The Commission shall be composed of eighteen members 
as follows: 
(1) Ten members appointed by the President including: 
(A) the Secretary of the Interior or his designee; 
(B) the Secretary of the Army or his designee; 
(C) at least one representative chosen from a list 
submitted by the Western Grovemors Association; and 
(D) at least one representative chosen from a list 
submitted by Tribal governments located in the Western 
States. 
(2) In addition to the ten members appointed by the Presi-
dent, twelve Members from the United States Congress shall 
serve as ex officio members of the Commission. For the United 
States Senate: the Chairmen and the Ranking Minority Mem-
bers of the Committees on Energy and Natural Resources, 
and Appropriations, and the Subcommittee of the Committee 
on Energy and Natural Resources which has jurisdiction over 
the Biu-eau of Reclamation. For the United States House of 
Representatives: the Chairman and Ranking Minority Members 
of the Committees on Interior and Insular Affairs, Public Works 
and Transportation, and Appropriations. 
(c) The President shall appoint one member of the Commission President 
to serve as Chairman. 
(d) Any vacancy which may occur on the Commission shall 
be filled in the same manner in which the original appointment 
was made. 
(e) Members of the Commission shall serve without compensa-
tion but shall be reimbursed for travel, subsistence, and other 
necessary expenses incurred by them in the performance of their 
duties. 
SEC. 3006. DUTIES OF THE COMMISSION. 
The Commission shall— 
106 STAT. 4696 
PUBLIC LAW 102-575—OCT. 30, 1992 
(1) review present and anticipated water resource problems 
affecting the nineteen Western States, making such projections 
of water supply requirements as may be necessary and identify-
ing alternative ways of meeting these requirements—giving 
considerations, among other things, to conservation and more 
efi&cient use of existing supplies, innovations to encourage the 
most beneficial use of water and recent technological advances; 
(2) examine the current and proposed Federal programs 
affecting such States and recommend to the President whether 
they should be continued or adopted and, if so, how they should 
be managed for the next twenty years, including the possible 
reorganization or consolidation of the current water resources 
development and management agencies; 
(3) review the problems of rural communities relating to 
water supply, potable water treatment, and wastewater treat-
ment; 
(4) review the need and opportunities for additional storage 
or other arrangements to augment existing water supplies 
including, but not limited to, conservation; 
(5) review the history, use, and effectiveness of various 
institutional arrangements to address problems of water alloca-
tion, water quality, planning, flood control and other aspects 
of water development and use, including, but not limited to, 
interstate water compacts, Federal-State regional corporations, 
river basin commissions, the activities of the Water Resources 
Council, municipal and irrigation districts and other similar 
entities with specific attention to the authorities of the Bureau 
of Reclamation under reclamation law and the Secretary of 
the Army under water resources law; 
(6) review the legal regime governing the development 
and use of water and the respective roles of both the Federal 
Government and the States over the allocation and use of 
water, including an examination of riparian zones, appropria-
tion and mixed systems, market transfers, administrative 
allocations, ground water management, interbasin transfers, 
recordation of rights, Federal-State relations including the var-
ious doctrines of Federal reserved water rights (including 
Indian water rights and the development in several States 
of the concept of a public trust doctrine); and 
(7) review the activities, authorities, and responsibilities 
of the various Federal agencies with direct water resources 
management responsibility, including but not Umited to the 
Bureau of Reclamation, the Department of the Army, and those 
agencies whose decisions would impact on water resource avail-
ability and allocation, including, but not limited to, the Federal 
Energy Regulatory Commission. 
SEC. 3006. REPRESENTATIVES. 
(a) The Chairman of the Commission shall invite the Governor 
of each Western State to designate a representative to work closely 
with the Commission and its staff in matters pertaining to this 
title. 
(b) The Commission, at its discretion, may invite appropriate 
public or private interest groups including, but not limited to, 
Indian and Tribal organizations to designate a representative to 
work closely with the Commission and its staff in matters pertaining 
to this title. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4697 
SEC. 3007. POWERS OF THE COMMISSION. 
(a) The Commission may— 
(1) hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence as it 
may deem advisable; 
(2) use the United States mail in the same manner and 
upon the same conditions as other departments and agencies 
of the United States; 
(3) enter into contracts or agreements for studies and sur-
veys with public and private organizations and transfer funds 
to Federal agencies to carry out such aspects of the Commis-
sion's functions as the Commission determines can best be 
carried out in that manner; and 
(4) incur such necessary expenses and exercise such other 
powers as are consistent with and reasonably required to per-
form its functions under this title. 
(b) Any member of the Commission is authorized to administer 
oaths when it is determined by a majority of the Commission 
that testimony shall be taken or evidence received under oath. 
(c) The Commission shall have a Director who shall be 
appointed by the Commission and who shall be paid at a rate 
not to exceed the maximum rate of basic pay payable for level 
II of the Executive Schedule. 
(1) With the approval of the Commission, the Director 
may appoint and fix the pay of such personnel as the Director 
considers appropriate but only to the extent that such personnel 
cannot be obtained from the Secretary of the Interior or by 
detail from other Federal agencies. Such personnel may be 
appointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and may be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such Title relating 
to classification and General Schedule pay rates. 
(2) With the approval of the Commission, the Director 
may procure temporary and intermittent services imder section 
3109(b) of title 5 of the United States Code, but at rates 
for individuals not to exceed the daily equivalent of the maxi-
mum annual rate of basic pay payable for GS-18 of the General 
Schedule. 
(d) The Secretary of the Interior and the Secretary of the 
Army shall provide such office space, furnishings and equipment 
as may be required to enable the Commission to perform its func-
tions. The Secretary shall also furnish the Commission with such 
staff, including clerical support, as the Commission may require. 
SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN. 
(a) Subject to general policies adopted by the Commission, 
the Chairman shall be the chief executive of the Commission and 
shall exercise its executive and administrative powers as set forth 
in paragraphs (2) through (4) of section 3007(a). 
(b) The Chairman may make such provisions as he shall deem 
appropriate authorizing the performance of any of his executive 
and administrative functions by the Director or other personnel 
of the Commission. 
106 STAT. 4698 
PUBLIC LAW 102-575—OCT. 30, 1992 
SEC. 3009. OTHER FEDERAL AGENCIES. 
(a) The Commission shall, to the extent practicable, utilize 
the services of the Federal water resource agencies. 
(b) Upon request of the Commission, the President may direct 
the head of any other Federal department or agency to assist 
the Commission and such head of any Federal department or agency 
is authorized— 
(1) to furnish to the Commission, to the extent permitted 
by law and within the limits of available fiinds, including 
funds transferred for that purpose pursuant to section 
3007(aX7) of this title, such information as may be necessary 
for canying out its functions and as may be available to or 
procurable by such department or agency, and 
(2) to detail to temporary duty with the Commission on 
a reimbursable basis sucn personnel within his administrative 
jurisdiction as it mav need or believe to be useful for carrying 
out its functions, eacn such detail to be without loss of seniority, 
pay, or other employee status. 
(c) Financial and administrative services (including those 
related to budgeting, accounting, financial reporting, personnel, and 
procurement) shall be provided the Commission by the Secretary 
of the Interior. 
SEC. 3010. APPROPRIATIONS. 
There are hereby authorized to be appropriated not to exceed 
$10,000,000 to carry out the purposes of sections 3001 through 
3009 of this title. 
TITLE XXXI—MOUNTAIN PARK MASTER CONSERVANCY 
DISTRICT, OKLAHOMA 
SEC. 3101. PAYMENT BY MOUNTAIN PARK MASTER CONSERVANCY 
DISTRICT. 
(a) IN GENERAL.—^The Secretary shall conduct appropriate 
investigations regarding, and is authorized to accept prepayment 
of, the repayment obligation of the District for the reimbursable 
construction costs of the project allocated to municipal and indus-
trial water supply for the city, and, upon receipt of such prepay-
ment, the District's obligation to the United States shall be reduced 
by the amount of such costs. 
(b) PAYMENT AMOUNT.—^Any prepa3naient made pursuant to 
subsection (a) shall realize an amount to the Federal Grovemment 
calculated by discounting the remaining repayment obligation by 
the interest rate determined according to this section. 
(c) INTEREST RATE.—^The Secretary shall determine the interest 
rate in accordance with the guidelines set forth in Circular A-
129 issued by the Office of Management and Budget concerning 
loan sales and prepajmient of loans. 
(d) INVESTIGATIONS.—^In determining the interest rate, the 
Secretary— 
(1) shall not equate an appropriate amount of prepa3nnent 
with tilie price of the loan if it were to be sold on the open 
market to a third party, and 
(2) shall, in following the guidelines set forth in Circular 
A-129 regarding an allowance for administrative expenses and 
possible losses, make such an allowance from the perspective 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4699 
of the Federal Government as lender and not from the perspec-
tive of a third party purchasing the loan on the open market. 
(e) TAX-EXEMPT FINANCING.—If the borrower or purchaser of 
the loan has access to tax-exempt financing (including, but not 
limited to, tax-exempt bonds, tax-exempt cash reserves, and cash 
and loans of any kind from any tax-exempt entity) to finance 
the transaction, and if the Office of Management and Budget grants 
the Secretary the right to conduct such a transaction, then the 
interest rate by which the Secretary discounts the remaining pay-
ments due on the loan shall be adjusted by an amount that com-
pensates the Federal (jovemment for the direct or indirect loss 
of future tax revenues. 
(f) LIMIT ON INTEREST RATE.—^Notwithstanding any other provi-
sion in this title, the interest rate shall not exceed a composite 
interest rate consisting of the current market 3deld on Treasury 
securities of comparable maturities. 
(g) APPROVAL.—^The Secretary shall obtain approval from the 
Secretary of the Treasury and the Director of the Office of Manage-
ment and Budget of the final terms of any prepajnnent made 
pursuant to this title. 
(h) TERMINATION OF AUTHORITY.—The authority granted by 
this title to sell loans shall terminate two years softer the date 
of enactment of this Act: Provided, That the borrower shall have 
at least sixty days to respond to any prepajnnent offer made by 
the Secretary. 
(i) TITLE TO PROJECT FACILITIES.—^Notwithstanding any pay-
ments made by the District pursuant to this section or pursuant 
to any contract with the Secretary, title to the project facilities 
shall remain with the United States. 
(j) DEFINITIONS.—For the purposes of this section— 
(1) the term "citjr" means the city of Frederick, Oklahoma; 
the city of Snyder, Oklahoma; or the city of Altus, Oklahoma; 
(2) the term "District" means the Mountain Park Master 
Conservancy District of Moimtain Park, Okleihoma; 
(3) the term "project" means the Mountain Park Project, 
Oklahoma; and 
(4) the term "Secretary" means the Secretary of the 
Interior. 
. SEC. 3102. RESCHEDULE OF REPAYMENT OBLIGATION. 
(a) The Secretary shall conduct appropriate investigations 
regarding the ability of the District to meet its repayment obliga-
tion. 
(b) If the Secretary finds that the District does not have the 
ability to pay its repajnment obligation, then the Secretary shall 
offer the District a revised schedule of payments for purposes of 
meeting the repayment obligation of the District: Provided, That 
such schedule of payments shall— 
(1) be consistent with the ability to pay of the District, 
and 
(2) have the same discounted present value as the repay-
ment obligation of the District. 
(c) The Secretary shall conduct the investigations and make 
any offer of a revised schedule of pa3mients pursuant to this section 
no later than twelve months after the date of enactment of this 
section. 
106 STAT. 4700 
PUBLIC LAW 102-575—OCT. 30, 1992 
TITLE XXXn--SOUTH DAKOTA PRESERVATION AND 
RESTORATION TRUST 
Subpart A—^Biological Diversity Trust 
SEC. 3201. SOUTH DAKOTA BIOLOGICAL DIVERSITY TRUST. 
(a) The Secretary, subject to the provisions of subsection (d) 
of this section, shall make an annual Federal contribution to a 
South Dakota Biological Diversity Trust established in accordance 
with subsection (b) of this section and operated in accordance with 
subsection (c) of this section. Contributions from the State of South 
Dakota may be paid to the Trust in such amounts and in such 
manner as may be agreed upon by the Governor and the Secretary. 
The total Federal contribution pursuant to this section, including 
subsection (d), shall not exceed $12,000,000. 
(b) A South Dakota Biological Diversity Trust shall be eligible 
to receive Federal contributions pursuant to subsection (a) of this 
section if it complies with each of tiie following requirements: 
(1) The Trust is established by non-Federal interests as 
a nonprofit corporation under the laws of South Dakota with 
its prindpal office in South Dakota. 
(2) Tne Trust is under the direction of a Board of Trustees 
which has the power to manage all afTairs of the corporation, 
including administration, data collection, and implementation 
of the purposes of the Trust. 
(3) The Board is comprised of five persons appointed as 
follows, each for a term of 
five 
years: 
(A) 1 person appointed by the Governor of South 
Dakota; 
(B) 1 person appointed by each United States Senator 
from South Dakota; 
(C) 1 person appointed by the United States Represent-
ative from South Dakota; and 
(D) 1 person appointed by the South Dakota Academy 
of Science. 
(4) Vacancies on the Board are filled in the manner in 
which the original appointments were made. Any member of 
the Board is eligible for reappointment for successive terms. 
Any member appointed to fiU a vacancy occurring before the 
expiration of the term for which his or her predecessor was 
appointed is appointed only for the remainder of such term. 
A member may serve after the expiration of his or her term 
until his or her successor has taken office. Members of the 
Board shall serve without compensation. 
(5) The corporate purposes of the Trust are to select and 
provide funding for projects that protect or restore the best 
examples of South Dakota's biological diversity, its rare species, 
exemplary examples of plant and animal communities and 
large-scale natural ecosystems. 
(c) A South Dakota Biological Diversity Trust established by 
non-Federal interests as provided in subsection (b) shall be deemed 
to be operating in accordance with this subsection if, in the opinion 
of the Secreta^, each of the foUoMong requirements are met: 
(1) the Trust is operated to select and provide funding 
for projects that protect or restore the best examples of South 
Dakota's biological diversity; its rare species, extraordinary 
examples of plant and animal communities and large-scale 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4701 
natural ecosystems in accordance with its corporate purpose; 
and 
(2) the Trust is managed in a fiscally responsible fashion 
Securities. 
by investing in private and public financial vehicles with the 
goal of producing income and preserving principal. The prin-
cipal will be inviolate, but income will be used to accomplish 
the goals of the trust. 
(3) Proceeds from the Trust are used for the following 
purposes: 
(A) $10,000 per year or 5 percent of the total fimds 
expended by the Trust (whichever is larger) will be provided 
to the South Dakota Natural Heritage Program (currently 
as part of the South Dakota Game, Fish, and Parks Depart-
ments), in order to do the foUovdng: 
(i) maintain 
and 
update 
the South Deikota 
Biodiversity Priority Site List; 
(ii) conduct inventory to discover and survey new 
sites for the Priority Site List; and 
(iii) manage data to maintain the Natural Heritage 
Databases needed to produce and document the Prior-
ity Site List. 
(B) Up to 5 percent of the costs of each project are 
used for preserve design or site planning to ensure that 
sites are selected for funding which are well-designed to 
maintain the long-term viability of the significant species 
and commimities found at the site. 
(C) Proceeds from the Trust may be used to complete 
land protection projects designed to protect biological diver-
sity. 
(D) Projects may include acquisition of land, water 
rights or other partial interests from willing sellers only, 
or arranging management agreements, registry and other 
techniques to protect significant sites. 
(E) Ownership of land acquired with Trust proceeds 
will be held by the public agency or private non-profit 
organization which proposed and completed the project, 
or another conservation owner with the approval of the 
Board. The land will be managed and used for the protec-
tion of biological diversity. If the property is used or man-
aged otherwise, title will revert to the Trust for disposition. 
(F) Projects eligible for funding must be included on 
the South Dakota Biodiversity Priority List and located 
within the borders of South Dsikota. 
(G) At the discretion of the Board, Trust proceeds 
may be used for direct project costs including direct 
expenses incurred during project completion. Lana project 
funding may also include the creation of a stewardship 
endowment subject to the following terms: 
(i) Up to 25 percent of the total fair market value 
of the project may be placed in a separate endowment. 
(ii) The proceeds from the endowment will be used 
for the ongoing management costs of maintaining the 
biological integrity and viability of the significant 
biolo^cal features of the site. 
(lii) Endowment funds may not be used for activi-
ties which primarily promote recreational or economic 
useof the site. 
106 STAT. 4702 
PUBLIC LAW 102-575—OCT. 30, 1992 
(iv) The endowment for each site will be held in 
a separate account from the body of the Trust and 
other endowments. The endowments will be managed 
by the Trust Board but the owner or manager of the 
site may draw upon the proceeds of the stewardship 
endowment to fund management 
activities 
with 
approval of the Board. Additional management funds 
may be secured from other public and private sources. 
(H) Should the biological significance of a site be 
destroyed or greatly reduced, the land may be disposed 
of but the proceeds and any stewardship endowment will 
revert to the Trust for use in other projects. 
(I) Proceeds from the Trust may be used for manage-
ment of public or private lands, including but not restricted 
to lands purchased with Trust funds, except that only 
those management projects that result in the maintenance 
or restoration of statewide biological diversity are eligible 
for consideration. 
(d) For each fiscal year after 1992, 2 percent of the Federal 
contributions for the same fiscal vear, determined pursuant to sub-
section (a) of this section, shall be used by the Secretary in order 
to do the following: 
(1) restore damaged natural ecosystems on public lands 
and waterways affected by the Reclamation program outside 
South Dakota; 
(2) acquire from willing sellers only other lands and prop-
erties or appropriate interests therein outside South Dakota 
with restorable damaged natural ecosystems and restore such 
ecosystems; 
(3) provide jobs and suitable economic development in a 
manner that carries out the other purposes of this subsection; 
(4) provide expanded recreational opportunities; and 
(5) support and encourage research, training and education 
in methods and technologies of ecosystem restoration. 
(e) In implementing subsection (d), the Secretary shall give 
priority to restoration and acquisition of lands and properties (or 
appropriate interests therein) where repair of compositional, struc-
tural and functional values will do the following: 
(1) reconstitute natural biological diversity that has been 
diminished; 
(2) assist the recovery of species populations, communities 
and ecosystems that are unable to survive onsite without inter-
vention; 
(3) allow reintroduction and reoccupation by native flora 
and fauna; 
(4) control or eliminate exotic flora and fauna which are 
damaging natural ecosystems; 
(5) restore natural habitet for the recruitment and survival 
of fish, waterfowl and other wildlife; 
(6) provide additional conservation values to state and local 
government lands; 
(7) add to structural and compositional values of existing 
preserves or enhance the viability, defensibility and manage-
ability of preserves; and 
(8) restore natural hydrological effects including sediment 
and erosion control, drainage, percolation and other water qual-
ity improvement capacity. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4703 
(!) The Secretary shall annually report on activities irnder this Reports. 
section to the Committee on Energy and Natural Resources and 
the Committee on Appropriations of the Senate and the Committee 
on Interior and Insular Affairs and the Committee on Appropria-
tions of the House of Representatives. 
(g) There are authorized to he appropriated not to exceed 
$12,000,000 for the purposes of this title. 
Subpart B—Wetland Habitat Restoration Program 
SEC. 3202. DEFINITIONS. 
(1) The term Toundation" means the South Dakota Game, 
Fish and Parks Foimdation, a nonprofit corporation under the laws 
of the State of South Dakota with its principal office in South 
Dakota. 
(2) The term 'Vetland trust" means a trust established in 
accordance with section 3602(b) and operated in accordance with 
section 3602(c). 
SEC. 3203. WETLAND TRUST. 
(a) FEDERAL CONTRIBUTIONS.—Subject to appropriations there-
for, the Secretary shall make a Federal contrioution to a wetland 
trust that is— 
(1) established in accordance with subsection (b); and 
(2) operated in accordance with subsection (c), in the 
amount of $3,000,000 in the first year in which a contribution 
is made and $1,000,000 in each of the following four years. 
(b) ESTABLISHMENT OF WETLAND TRUST.—A wetland trust is 
established in accordance with this subsection i
f
— 
(1) the wetland trust is administered hy the Foundation; 
(2) the Foundation is imder the direction of a Board of 
Directors that has power to manage all affairs of the Founda-
tion, including administration, data collection, and implementa-
tion of the purposes of the wetland trust; 
(3) members of the Board of Directors of the Foundation 
serve without compensation; 
(4) the corporate purposes of the Foimdation in administer-
ing the wetland trust are to preserve, enhance, restore, and 
manage wetland and associated wildlife habitat in the State 
of South Dakota; 
(5) an advisory committee is created to provide the Board 
of Directors of the Fotmdation with necessary technical exper-
tise and the benefit of a multiagency perspective; 
(6) the advisory committee described in paragraph (5) is 
composed o
f
— 
(A) 1 member of the staff of the Wildlife Division 
of the South Dakota Department of Game, Fish and Parks, 
appointed by the Secretary of that department; 
(B) 1 member of the United States Fish and Wildlife 
Service, appointed by the Director of Region 6 of the United 
States Fish and Wildlife Service; 
(C) 1 representative from the Department of Agri-
culture, as determined by the Secretary of Agriculture; 
and 
(D) 3 residents of the State of South Dakota who 
are members of wildlife or environmental organizations, 
106 STAT. 4704 
PUBLIC LAW 102-575—OCT. 30, 1992 
appointed by the Governor of the State of South Dakota; 
and 
(7) the wetland trust is empowered to accept non-Federal 
donations, gifts, and grants. 
(c) OPERATION OF WETLAND TRUST.—The wetland trust shall 
be considered to be operated in accordance with this subsection 
if— 
(1) the wetland trust is operated to preserve, enhance, 
restore, and manage wetlands and associated wildlife habitat 
in the State of South Dakota; 
(2) under the corporate charter of the Foundation, the 
Board of Directors, acting on behalf of the Foundation, is 
empowered to— 
(A) acquire lands and interests in land and power 
to acquire water rights (but only with the consent of the 
owner); 
(B) acquire water rights; and 
(C) finance wetland preservation, enhancement, and 
restoration programs; 
(3XA) all funds provided to the wetland trust under sub-
section (a) are to be invested in accordance with subsection 
(d); 
(B) no part of the principal amoimt (including capital gains 
thereon) of such funds are to be expended for any purpose; 
(C) the income received from the investment of such funds 
is to be used only for purposes and operations in accordance 
with this subsection or, to the extent not required for current 
operations, reinvested in accordance with subsection (d); 
(D) income earned by the wetland trust (including income 
from investments made with funds other than those provided 
to the wetland trust under subsection (a)) is used to— 
(i) enter into joint ventures, through the Division of 
Wildlife of the South Dakota Department of Game, Fish 
and Parks, with public and private entities or with private 
landowners to acquire easements or leases or to purchase 
wetland and adjoining upland; or 
(ii) pay for operation and maintenance of the wetland 
component; 
(E) when it is necessary to acquire land other than wetland 
and adjoining upland in connection with an acquisition of wet-
land and adjoining upland, wetland trust funds (including funds 
other than those provided to the wetland trust under subsection 
(a) and income from investments made with such fluids) are 
to be used only for acquisition of the portions of land that 
contain wetland and adjoining upland that is beneficial to the 
wetland; 
(F) all land purchased in fee simple with wetland trust 
funds shall be dedicated to wetland preservation and use; and 
(GXi) proceeds of the sale of land or any part thereof 
that was purchased with wetland trust funds are to be remitted 
to the wetland trust; 
(ii) management, operation, development, and maintenance 
of lands on which leases or easements are acquired; 
' 
(iii) pajonent of annual lease fees, one-time easement costs, 
and taxes on land areas containing wetlands purchased in 
fee simple; 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4705 
(iv) payment of personnel directly related to the operation 
of the wetland trust, including administration; and 
(v) contractual and service costs related to the management 
of wetland trust funds, including audits. 
(4) the Board of Directors of the Foundation agrees to 
^P°'[]|^-
provide such reports as may be required 1^ the Secretary Records-
and makes its records available for audit by Federal agencies; 
and 
(5) the advisory committee created under subsection (b)— 
(A) recommends criteria for wetland evaluation and 
selection: Provided, That income earned from the Trust 
shall not be used to mitigate or compensate for wetland 
damage caused by Federal water proieds; 
(B) recommends wetland parcels for lease, easement, 
or purchase and states reasons for its recommendations; 
and 
(C) recommends management and development plans 
for parcels of land that are purchased. 
(d) INVESTMENT OF WETLAND TRUST FUNDS.—(1) The Secretary, 
in consultation with the Secretary of the Treasury, shall establish 
requirements for the investment of all funds received by the wetland 
tnutt under subsection (a) or reinvested under subsection (cX3)i 
(2) The requirements established under paragraph (1) shall 
ensure that— 
(A) funds are invested in accordance with sound investment 
principles; and 
(B) the Board of Directors of the Foundation manages 
such investments and exercises its fiduciary responsibilities 
in an appropriate manner. 
(e) COORDINATION WITH THE SECRETARY OF AGRICULTURE.— 
(1) The Secretary shall make the Federal contribution under sub-
s^ion (a) after consulting with the Secretary of Agriculture to 
provide for the coordination of activities under the wetland trust 
established imder subsection (b) vdth the water bank program, 
the wetlands reserve program, and any similar Department of Agri-
culture programs providing for the protection of wetlands. 
(2) The Secretary of Agriculture shall take into consideration 
wetland protection activities under the wetland trust established 
under subsection 0)) when considering whether to provide assistance 
under the water bank program, the wetlands reserve program, 
and any similar Department of Agriculture programs providing 
for the protection of wetlands. 
SEC. 3804. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Secretary 
$7,000,000 for the Federal contribution to the wetland trust estab-
Ushed under section 3203. 
TITLE XXXm—ELEPHANT BUTTE IRRIGATION 
DISTRICT, NEW MEXICO 
SEC. 3301. TRANSFER. 
The Secretary is authorized to transfer to the Elephant Butte 
Irrigation District, New Mexico, and El Paso County Water Improve-
ment District No. 1, Texas, without cost to the respective d&trict, 
title to such easements, ditches, laterals, canals, drains, and other 
rights-of-way, which the United States has acquired on behalf of 
106 STAT. 4706 
PUBLIC LAW 102-575—OCT. 30, 1992 
Central Valley 
Project 
Improvement 
Act. 
Water supply. 
California. 
the project, that are used solely for the purpose of serving the 
respective district's lands and which the Secretary determines are 
necessary to enable the respective district to carry out operation 
and maintenance with respect to that portion of the Rio Grande 
project to be transferred. The transfer of the title to such easements, 
ditches, laterals, canals, drains, and other rights-of-way located 
in New Mexico, which the Secretary has, that are used for the 
purpose of jointly serving Elephant Butte Irrigation District and 
El Paso Countv Water Improvement District No. 1, may be trans-
ferred to Elepnant Butte Irrigation District and El Paso Coimty 
Water Improvement District No. 1, jointly, upon agreement by 
the Secretary and both districts. Any transfer under this section 
shall be subject to the condition that the respective district assume 
responsibility for operating and maintaining their portion of the 
project. 
SEC. 3302. LIMITATION. 
Title to and responsibility for operation and maintenance of 
Elephant Butte and Caballo dams, and Percha, Leasburg, and 
Mesilla diversion dams and the works necessary for their protection 
and operation shall be unaffected by this title. 
SEC. 3303. EFFECT OF ACT ON OTHER LAWS. 
Nothing in this title shall affect any right, title, interest or 
claim to land or water, if any, of the Yslete del Sur Pueblo, a 
federally recognized Indian Tribe. 
TITLE XXXIV—CENTRAL VALLEY PROJECT 
IMPROVEMENT ACT 
SEC. 3401. SHORT TITLE. 
This title may be cited as the "Central Valley Project Improve-
ment Act". 
SEC. 3402. PURPOSES. 
The purposes of this title shall be— 
(a) to protect, restore, and enhance fish, wildlife, and associ-
ated habitats in the Central Valley and Trinity River basins 
of California; 
(b) to address impacts of the Central Valley Project on 
fish, wildlife and associated habitats; 
(c) to improve the operational flexibility of the Central 
Valley Project; 
(d) to increase water-related benefits provided by the 
Central Valley Project to the State of California through 
expanded use of voluntary water transfers and improved water 
conservation; 
(e) to contribute to the Stete of California's interim and 
long-term efforts to protect the San Francisco Bay/Sacramento-
San Joaquin Delta Estuary; 
(f) to achieve a reasonable balance among competing 
demands for use of Central Valley Project water, including 
the reauirements of fish and wildlife, agricultural, municipal 
and industrial and power contractors. 
SEC. 3403. DEFINITIONS. 
As used in this title— 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4707 
(a) the term "anadromous fish" means those stocks of 
salmon (including steelhead), striped bass, sturgeon, and Amer-
ican shad that ascend the Sacramento and San Joaquin rivers 
and their tributaries and the Sacramento-Seui Joaquin Delta 
to reproduce after maturing in San Francisco Bay or the Pacific 
Ocean; 
(b) the terms "artificial propagation" and "artificial produc-
tion" mean spawning, incubating, hatching, and rearing fish 
in a hatchery or other facility constructed for fish production; 
(c) the term "Central Valley Habitat Joint Venture" means 
the association of Federal and State agencies and private par-
ties established for the purpose of developing and implementing 
the North American Waterfowl Management Plan as it pertains 
to the Central Valley of California; 
(d) the terms "Central Valley Project" or "project" mean 
all Federal reclamation projects located within or diverting 
water from or to the watershed of the Sacramento and San 
Joaquin rivers and their tributaries as authorized by the Act 
of August 26, 1937 (50 Stat. 850) and all Acts amendatory 
or supplemental thereto, including but not limited to the Act 
of October 17, 1940 (54 Stat. 1198, 1199), Act of December 
22, 1944 (58 Stat. 887), Act of October 14, 1949 (63 Stat. 
852), Act of September 26, 1950 (64 Stat. 1036), Act of August 
27, 1954 (68 Stat. 879), Act of August 12, 1955 (69 Stat. 
719), Act of June 3, 1960 (74 Stat. 156), Act of October 23, 
1962 (76 Stat. 1173), Act of September 2, 1965 (79 Stat. 615), 
Act of August 19, 1967 (81 Stat. 167), Act of August 27, 1967 
(81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097), Act 
of September 28, 1976 (90 Stat. 1324) and Act of October 
27,1986 (100 Stat. 3050); 
(e) the term "Central Valley Project service area" means 
that area of the Central Valley and San Francisco Bay Area 
where water service has been expressly authorized pursuant 
to the various feasibility studies and consequent congressional 
authorizations for the Central Valley Project; 
(f) the term "Central Valley Project water" means all water 
that is developed, diverted, stored, or delivered by the Secretary 
in accordance with the statutes authorizing the Central Valley 
Project and in accordance with the terms and conditions of 
water rights acquired pursuant to California law; 
(g) the term "full cost" has the meaning given such term 
in paragraph (3) of section 202 of the Reclamation Reform 
Act of 1982; 
(h) the term "natural production" means fish produced 
to adulthood without direct human intervention in the spawn-
ing, rearing, or migration processes; 
(i) the term "Reclamation laws" means the Act of June 
17, 1902 (82 Stet. 388) and all Acts amendatory thereof or 
supplemental thereto; 
(j) the term "Refuge Water Supply Report" means the report 
issued by the Mid-Pacific Region of the Bureau of Reclamation 
of the U.S. Department of the Interior entitled Report on Refuge 
Water Supply Investigations, Central Valley Hydrologic Basin, 
California (March 1989); 
(k) the terms "repayment contract" and "water service con-
tract" have the same meaning as provided in sections 9(d) 
106 STAT. 4708 
PUBLIC LAW 102-575—OCT. 30, 1992 
and 9(e) of the Reclamation Project Act of 1939 (53 Stat. 1187, 
1195), as amended; 
(1) the terms 'llestoration Fund" and Tund" mean the 
Central Valley Project Restoration Fimd established by this 
title; and, 
(m) the term "Secretary" means the Secretary of the 
Interior. 
SEC. 3404. UMTTATION ON CONTRACTING AND CONTRACT REFORM. 
(a) NEW CONTRACTS.—^Except as provided in subsection (b) of 
this section, the Secretary shall not enter into any new short-
term, temporary, or long-term contracts or agreements for water 
supply from the Central Valley Project for any purpose other than 
fish and wildlife before: 
(1) the provisions of subsections 3406(b)-(d) of this title 
are met; 
(2) the California State Water Resources Control Board 
concludes the review ordered by the California Court of Appeals 
in United States v. State Water Resources Control Board, 182 
Cal. App. 3d 82 (1986) and determines the means of implement-
ing its aecision, including the obligations of the Central Valley 
Project, if any, and the Administrator of the Environmentsu 
Protection Agenc^r shall have approved such decision pursuant 
to existing authorities; and, 
(3) at least one hundred and twenty days shall have passed 
after the Secretary provides a report to the Committee on 
Energy and Natural Resources of the Senate and the Committee 
on Interior and Insular Affairs and the Committee on Merchant 
Marine and Fisheries of the House of Representatives explain-
ing the obligations, if any, of the Central Valley Project system, 
including its component facilities and contracts, with regard 
to achieving its responsibilities for the San Francisco Bay/ 
Sacramento-San Joaquin Delta Estuary as finally established 
and approved by relevant State and Federal authorities, and 
the impact of such obligations on Central Valley Project oper-
ations, supplies, and commitments. 
(b) EXCEPTIONS TO LIMIT ON NEW CONTRACTS.—The prohibition 
on execution of new contracts under subsection (a) of this section 
shall not apply to contracts executed pursuant to section 305 of 
Public Law 102-250 or section 206 of Public Law 101-514 or 
to one-year contracts for delivery of surplus flood flows or contracts 
not to exceed two years in length for delivery of class II water 
in the Friant Unit. Notwithstanding the prohibition in the Energy 
and Water Development Appropriations Act of 1990, the Secretary 
is authorized, pursuant to section 203 of the Flood Control Act 
of 1962, to enter into a long-term contract in accordance with 
the Reclamation laws with the Tuoltmme Regional Water District, 
California, for the delivery of water from the New Melones project 
to the county's water distribution system euid a contract vdth the 
Secretary of 
Veteran Affairs to provide for the delivery in perpetuity 
of water from the project in quantities suflicient, but not to exceed 
850 acre-feet per year, to meet the needs of the San Joaquin 
Valley National Cemetery, California. 
(c) RENEWAL OF EXISTING LONG-TERM CONTRACTS.—Notwith-
standing the provisions of the Act of July 2, 1956 (70 Stat. 483), 
the Secretary shall, upon request, renew any existing long-term 
repa3anent or water service contract for the delivery of water fii^m 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4709 
the Central Valley Project for a period of twenty-five years and 
may renew such contracts for successive periods of up to 25 years 
each. 
(1) No such renewals shall be authorized until appropriate 
environmental review, including the preparation of the environ-
mental impact statement required in section 3409 of this title, 
has been completed. Contracts which expire prior to the comi)le-
tion of the environmental impact statement required by section 
3409 may be renewed for an interim period not to exceed 
three years in length, and for successive interim periods of 
not more than two years in length, until the environmental 
impact statement required by section 3409 has been finally 
completed, at which time such interim renewal contracts shall 
be eligible for long-term renewal as provided above. Such 
interim renewal contracts shall be modified to comply with 
existing law, including provisions of this title. With respect 
to all contracts renewed by the Secretary since January 1, 
1988, the Secretary shall incorporate in said contracts a provi-
sion requiring payment of the charge mandated in subsection 
3406(c) and subsection 3407(b) of this title and all other modi-
fications needed to comply with existing law, including provi-
sions of this title. This title shall be deemed "applicable law" 
as that term is used in Article 14(c) of contracts renewed 
by the Secretary since January 1,1988. 
(2) Upon renewal of any long-term repajrment or water 
service contract providing for the delivery of water from the 
Central Valley Project, the Secretary shall incorporate all 
requirements imposed by existing law, including provisions of 
this title, vdthin such renewed contracts. The Secretary shall 
also administer all existing, new, and renewed contracts in 
conformance with the requirements and goals of this title. 
(3) In order to encourage early renewal of project water 
contracts and facilitate timely implementation of this title, 
the Secretary shall impose on existing contractors an additional 
mitigation and restoration payment of one and one-half times 
the annual mitigation and restoration pajrment calculated 
under subsection 3407(d) of this title for every year starting 
October 1, 1997 or January 1 of the year following the year 
in which the environmental impact statement required under 
section 3409 is completed, whichever is sooner, and ending 
on the effective date of the renewed contract payable prior 
to the renewal of such contract, to be covered to the Restoration 
Fund: Provided, however, That this paragraph shall not apply 
to contracts renewed aftier January 1, 1988, and prior to the 
date of enactment of this title or, in the event the environmental 
impact statement required by section 3409 is not completed 
by October 1, 1997, to any holder of a contract in existence 
on the date of enactment of this title who enters into a binding 
agreement with the Secretary prior to October 1, 1997, to 
renew its contract immediately upon completion of that environ-
mental impact statement, if such contract has not expired prior 
to such date. 
SEC. 3405. WATER TRANSFERS, D^IPROVED WATER MANAGEMENT AND 
Contracts. 
CONSERVATION. 
(a) WATER TRANSFERS.—In order to assist California urban 
areas, agricultural water users, and others in meeting their future 
106 STAT. 4710 
PUBLIC LAW 102-575—OCT. 30, 1992 
water needs, subject to the conditions and requirements of this 
subsection, all individuals or districts who receive Central Valley 
Project water under water service or repayment contracts, water 
rights settlement contracts or exchange contracts entered into prior 
to or after the date of enactment of this title are authorized to 
transfer all or a portion of the water subject to such contract 
to any other California water user or water agency, State or Federal 
agency, Indian tribe, or private nonprofit organization for project 
purposes or any piupose recognized as beneficial under applicable 
State law. Except as provided herein, the terms of such transfers 
shall be set by mutual agreement between the transferee and 
the transferor. 
(1) CONDITIONS FOR TRANSFERS.—All transfers to Central 
Valley Project water authorized by this subsection shall be 
subject to review and approval by the Secretary under the 
conditions specified in this subsection. Transfers involving more 
than 20 percent of the Central Valley Project water subject 
to long-term contract within any contracting district or agency 
shall also be subject to review and approval by such district 
or agency under the conditions specified in this subsection: 
(A) No transfer to combination of transfers authorized 
by this subsection shall exceed, in any year, the average 
annual quantity of water under contract actually delivered 
to the contracting district or agency during the last three 
years of normal water delivery prior to the date of enact-
ment of this title. 
(B) All water under the contract which is transferred 
under authority of this subsection to any district or agency 
which is not a Central Valley Project contractor at the 
time of enactment of this title shall, if used for irrigation 
purposes, be repaid at the greater of the full-cost or cost 
of service rates, or, if the water is used for municipal 
and industrial purposes, at the greater of the cost of service 
or municipal and industrial rates. 
(C) No transfers authorized by this subsection shall 
be approved unless the transfer is between a willing buyer 
and a willing seller under such terms and conditions as 
may be mutually agreed upon. 
(D) No transfer authorized by this subsection shall 
be approved unless the transfer is consistent with State 
law, including but not limited to provisions of the California 
Environmental Quality Act. 
(E) All transfers authorized by this subsection shall 
be deemed a beneficial use of water by the transferor 
for the purposes of section 8 of the Act of June 17, 1902, 
32 Stat. 390,43 U.S.C. 372. 
(F) All transfers entered into pursuant to this sub-
section for uses outside the Central Valley Project service 
area shall be subject to a right of first refusal on the 
same terms and conditions by entities within the Central 
Valley Project service area. Tlie right of first refusal must 
be exercised within ninety days from the date that notice 
is provided of the proposed transfer. Should an entity exer-
cise the right of first refusal, it must compensate the trans-
feree who had negotiated the agreement upon which the 
right of first refusal is being exercised for that entit/s 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4711 
total costs associated with the development and negotiation 
of the transfer. 
(G) No transfer authorized hy this subsection shall 
be considered by the Secretary as conferring supplemental 
or additional benefits on Central Valley Project water 
contractors as provided in section 203 of Public Law 97-
293 (43 U.S.C. 390(cc)). 
(H) The Secretary shall not approve a transfer author-
ized by this subsection imless the Secretary has deter-
mined, consistent with para^aph 3405(aX2) of this title, 
that the transfer will not violate the provisions of this 
title or other Federal law and will have no significant 
adverse effect on the Secretary's ability to deliver water 
pursuant to the Secretar/s Central Valley Project contrac-
tual obligations or fish and wildlife obligations under 
this title because of limitations in conveyance or pumping 
capacity. 
(I) The water subject to any transfer imdertaken pursu-
ant to this subsection shall be limited to water that would 
have been consumptively used or irretrievably lost to bene-
ficial use during the year or years of the transfer. 
(J) The Secretary shall not approve a transfer author-
ized by this subsection unless the Secretary determines, 
consistent with paragraph 3405(aX2) of this title, that such 
transfer will have no significant long-term adverse impact 
on groundwater conditions in the transferor's service area. 
(K) The Secretary shall not approve a transfer unless 
the Secretary determines, consistent with paragraph 
3405(aX2) of this title, that such transfer will have no 
vmreasonable impact on the water supply, operations, or 
financial conditions of the transferor's contracting district 
or agency or its water users. 
(L) The Secretary shall not approve a transfer if the 
Secretary determines, consistent with paragraph 3405(aX2) 
of this title, that such transfer would result in a significant 
reduction in the quantity or decrease in the quality of 
water supplies currently used for fish and wildlife purposes, 
unless the Secretary determines pursuant to findings set-
ting forth the basis for such determination that such 
adverse effects would be more than offset by the benefits 
of the proposed transfer. In the event of such a determina-
tion, the Secretary shall develop and implement alternative 
measures and mitigation activities as integral and concur-
rent elements of any such transfer to provide fish and 
wildlife benefits substantially equivalent to those lost as 
a consequence of such transfer. 
(M) Transfers between Central Valley Project contrac-
tors within countries, watersheds, or other areas of origin, 
as those terms are utilized imder California law, shall 
be deemed to meet the conditions set forth in subpara-
graphs (A) and (I) of this paragraph. 
(2) REVIEW AND APPROVAL OF TRANSFERS.—All transfers 
subject to review and approval under this subsection shall 
be reviewed and approved in a manner consistent with the 
following: 
(A) Decisions on water transfers subject to review bv 
a contracting district or agency or by the Secretary shall 
106 STAT. 4712 
PUBLIC LAW 102-575—OCT. 30, 1992 
be rendered within ninety days of receiving a written trans-
fer proposal from the transferee or transferor. Such written 
proposal should provide all information reasonably nec-
essary to determine whether the transfer complies with 
the terms and conditions of this subsection. 
(B) All transfers subject to review by a contracting 
district or agency shall be reviewed in a public process 
similar to that provided for in section 226 of Public Law 
97-293. 
(C) The contracting district or agency or the Secretary 
shall approve all transfers subject to review and approval 
by sucn entity if such transfers are consistent with the 
terms and conditions of this subsection. To disapprove a 
transfer, the contracting district or agency or the Secretary 
shall inform the transferee and transferor, in writing, why 
the transfer does not comply with the terms and conditions 
of this subsection and what alternatives, if any, could be 
included so that the transfer would reasonably comply with 
the requirements of this subsection. 
, 
(D)If the contracting district or agency or the Secretary 
fails to approve or disapprove a proposed transfer within 
ninety days of receiving a complete written proposal from 
the transferee or transferor, then the transfer shall be 
' 
deemed approved. 
(3) Transfers executed after September 30, 1999 shall only 
be governed by the provisions of subparagraphs 3405(aXlXA)-
(C), (E), (G), (H), (I), (L), and (M) of this title, and by State 
law. 
(b) METERING OF WATER USE REQUIRED.—All Central Vallev 
Project water service or repa3anent contracts for agricultiu'al, 
municipal, or industrial purposes that are entered into, renewed, 
or amended under any provision of Federal Reclamation law after 
the date of enactment of this title, shall provide that the contracting 
district or agency shall ensure that all surface water delivery sys-
tems within its boundaries are equipped with water measuring 
devices or water measuring methods of comparable eftectiveness 
acceptable to the Secretary within five years of the date of contract 
execution, amendment, or renewal, and that any new surface water 
delivery systems installed within its boimdaries on or aft;er the 
Inter- 
date of contract renewal are so equipped. The contracting district 
?°i*l^^«^^"*^^ 
0^ agency shall inform the Secretary and the State of California 
annually as to the monthly volume of surface water delivered within 
its boundaries. 
(c) 
STATE AND FEDERAL WATER QUALITY STANDARDS.—All 
Central Valley Project water service or repayment contracts for 
agricultural, mimicipal, or industrial purposes that are entered 
into, renewed, or amended under any provision of Federal Reclama-
tion law after the date of enactment of this title, shall provide 
that the contracting district or agency shall be responsible for 
compliance with all applicable State and Federal water quality 
standards applicable to surface and subsurface agricultural drain-
age discharges generated within its boundaries. This subsection 
shall not anect or alter any legal obligation of the Secretary to 
provide drainage services. 
(d) WATER PRICING REFORM.—All Central Valley Project water 
service or repayment contracts for a term longer than three years 
for agricultural, municipal, or industrial purposes that are entered 
relations. 
PUBLIC LAW 102-575—(Xrr. 30, 1992 
106 STAT. 4713 
into, renewed, or amended under any provision of Federal Reclama-
tion law after the date of enactment of this title shall provide 
that all project water subject to contract shall be made available 
to districts, agencies, and other contracting entities pursuant to 
a system of tiered water pricing. Such a system shall specify rates 
for each district, agency or entity based on an inverted block rate 
structure with the following provisions: 
(1) the first rate tier shall apply to a quantity of water 
up to 80 percent of the contract total and shall not be less 
than the applicable contract rate; 
(2) the second rate tier shall apply to that quantity of 
water over 80 percent and under 90 percent of the contract 
total and shall be at a level halfway between the rates estab-
lished under paragraphs (1) and (3) of this subsection; 
(3) the third rate tier shall apply to that quantity of water 
over 90 percent of the contract total and shall not be less 
than the mil cost rate; and 
(4) the Secretory shall charge contractors only for water 
actually delivered. 
The Secretory shall waive application of this subsection as it relates 
to any project water delivered to produce a crop which the Secretory 
determines will provide significant and quantifiable habitot values 
for watorfowl in fields where the water is used and the crops 
are produced: Provided, That such waiver shall apply only if such 
habitot values can be assured consistent with tiie purposes of 
this title through binding agreements executed with or approved 
by the Secretory. 
(e) WATER CONSERVATION STANDARDS.—The Secretory shall 
estoblish and administer an office of Central Valley Project water 
conservation best management practices that shall, in consultotion 
with the Secretory of Agriculture, the California Department of 
Water Resources, California academic institutions, and Central Val-
ley Project water users, develop criteria for evaluating the adequacy 
of all water conservation plans developed by project contractors, 
including those plans required by section 210 of the Reclamation 
Reform Act of 1982. 
(1) Critoria developed pursuant to this subsection shall 
be estoblished within six months following enactment of this 
title and shall be reviewed periodically thereafter, but no less 
than every three years, with the purpose of promoting the 
highest level of water use efficiency reasonably achievable by 
project contractors using best available cost-effective technology 
and best management practices. The criteria shall include, 
but not be limited to agricultural water suppliers' efficient 
water management practices developed pursuant to California 
Stoto law or reasonable alternatives. 
(2) The Secretory, through the ofRce estoblished under 
this subsection, shall review and evaluate within 18 months 
following enactment of this title all existing conservation plans 
submitted by project contractors to determine whether they 
meet the conservation and efficiency criteria estoblished pursu-
ant to this subsection. 
(3) In developing the water conservation best management 
practice criteria required by this subsection, the Secretory shall 
take into account and grant substontial deference to the rec-
ommendations for action specific to water conservation and 
drainage source reduction proposed in the Final Report of the 
106 STAT. 4714 
PUBLIC LAW 102-575—OCT. 30, 1992 
San Joaquin Valley Drainage I'rogram, entitled A Management 
Plan for Agricultural Subsurface Drainage and Related Prob-
lems on the Westside San Joaquin Valley (September 1990). 
(f) INCREASED REVENUES.—All revenues received by the Sec-
retary as a result of the increased repayment rates applicable 
to water transferred from irrigation use to municipal and industrial 
use imder subsection 3405(a) of this section, and £dl increased 
revenues received by the Secretary as a result of the increased 
water prices established imder subsection 3405(d) of this section, 
shall be covered to the Restoration Fund. 
SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION. 
(a) AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZA-
TIONS.—Act of August 26, 1937.—Section 2 of the Act of August 
26, 1937 (chapter 832; 50 Stat. 850), as amended, is amended— 
(1) in the second proviso of subsection (a), by inserting 
"and mitigation, protection, and restoration of fish and wildlife 
after "Indian reservations,"; 
(2) in the last proviso of subsection (a), by striking "domes-
tic uses;" and inserting "domestic uses and fish and wildlife 
mitigation, protection and restoration purposes;" and by strik-
ing "powei^ and inserting "power and fish and wildlife enhance-
ment"; 
(3) by adding at the end the following: "The mitigation 
for fish and wildlife losses incurred as a result of construction, 
operation, or maintenance of the Central Valley Project shall 
be based on the replacement of ecologically equivalent habitat 
and shall take place in accordance with the provisions of this 
title and concurrent with any future actions which adversely 
affect fish and wildlife populations or their habitat but shall 
have no priority over them."; and 
(4) by adding at the end the following: "(e) Nothing in 
this title shall affect the State's authority to condition water 
rights permits for the Central Valley Project." 
California. 
(b) FiSH AND WILDLIFE RESTORATION ACTIVITIES.—The Sec-
retary, immediately upon the enactment of this title, shall operate 
the Central Valley Project to meet all obligations under State and 
Federal law, including but not limited to the Federal Endangered 
Species Act, 16 U.S.C. 1531, et seq., and all decisions of the Califor-
nia State Water Resources Control Board establishing conditions 
on applicable licenses and permits for the project. The Secretary, 
in consultation with other State and Federal agencies, Indian tribes, 
and affected interests, is further authorized and directed to: 
(1) develop within three years of enactment and implement 
a program which makes all reasonable efforts to ensure that, 
by the year 2002, natural production of anadromous fish in 
Central Valley rivers and streams will be sustainable, on a 
long-term basis, at levels not less than twice the average levels 
attained during the period of 1967-1991; Provided, That this 
goal shall not apply to the San Joaquin River between Friant 
Dam and the Mendota Pool, for which a separate program 
is authorized under subsection 3406(c) of this title; Provided 
further. That the programs and activities authorized by this 
section shall, when fully implemented, be deemed to meet the 
mitigation, protection, restoration, and enhancement purposes 
established by subsection 3406(a) of this title; And 
provided 
further, That in the course of developing and implementing 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4715 
this program the Secretary shall make all reasonable efforts 
consistent with the requirements of this section to address 
other identified adverse environmental impacts of the Central 
Valley Project not specifically enumerated in this section. 
(A) This program shall give first priority to measures 
which protect and restore natural channel and riparian 
habitat values through habitat restoration actions, modi-
fications to Central Valley Project operations, and 
implementation of the supporting measures mandated by 
this subsection; shall be reviewed and updated every five 
years; and shall describe how the Secretary intends to 
operate the Central Valley Project to meet the fish, wildlife, 
and habitat restoration goals and requirements set forth 
in this title and other project purposes. 
(B) As needed to achieve the goals of this program, 
the Secretary is authorized and directed to modify Central 
Valley Project operations to provide flows of suitable qual-
ity, quantity, and timing to protect all life stages of anad-
romous fish, except that such flows shall be provided from 
the quantity of water dedicated to fish, wildlife, and habitat 
restoration purposes under paragraph (2) of this subsection; 
from the water supplies acquired pursuant to paragraph 
(3) of this subsection; and from other sources which do 
not conflict with fulfillment of the Secretary's remaining 
contractual obligations to provide Central Valley Project 
water for other authorized purposes. Instream flow needs 
for all Central Valley Project controlled streams and rivers 
shall be determined by the Secretary based on rec-
ommendations of the United States Fish and Wildlife Serv-
ice after consultation with the California Department of 
Fish and Game. 
(C) The Secretary shall cooperate with the State of 
California to ensure that, to the greatest degree practicable, 
the specific quantities of yield dedicated to and managed 
for fish and wildlife purposes under this title are credited 
against any additional obligations of the Central Valley 
Project which may be imposed by the State of California 
following enactment of this title, including but not limited 
to increased flow and reduced export obligations which 
may be imposed by the California State Water Resources 
Control Board in implementing San Francisco Bay/Sac-
ramento-San Joaquin Delte Estuary standards pursuant 
to the review ordered by the California Court of Appeals 
in United States v. State Water Resources Control Board, 
182 Cal.App.3d 82 (1986), and that, to the greatest degree 
practicable, the programs and plans required by this title 
are developed and implemented in a way that avoids 
inconsistent or duplicative obligations from oeing imposed 
upon Central Valley Project water and power contractors. 
(D) Costs associated with this paragraph shall be 
reimbursable pursuant to existing stetutory and regulatory 
procedures. 
(2) upon enactment of this title dedicate and manage 
annually eight hundred thousand acre-feet of Central Valley 
Project yield for the primary purpose of implementing the fish, 
wildlife, and habitet restoration purposes and measures author-
ized by this title; to assist the Stete of California in its efforts 
Inter-
governmental 
relations. 
Inter-
governmental 
relations. 
106 STAT. 4716 
PUBLIC LAW 102-575—OCT. 30, 1992 
to protect the waters of the San Francisco Bay/Sacramento-
San Joaquin Delta Estuary; and to help to meet such obligations 
as may be legally imposed upon the Central Valley Project 
imder State or Federal law following the date of enactment 
of this title, including but not limited to additiontd obligations 
under the Federal Endangered Species Act. For the purpose 
of this section, the term "Central Valley I*roject jdeld means 
the delivery capability of the Central Valley Project during 
the 1928-1934 drought period after fishery, water Quality, and 
other flow £uid operational requirements imposed by terms 
and conditions existing in licenses, permits, and other agree-
ments pertaining to the Central Valley Project under applicable 
State or Federal law existing at the time of enactment of 
this title have been met. 
(A) Such quantity of water shall be in addition to 
the (quantities needed to implement paragraph 3406(dXl) 
of this title and in addition to all water allocated pursuant 
to paragraph (23) of this subsection for release to the 
Trinity River for the purposes of fishery restoration, propa-
gation, and maintenance; and shall be supplemented by 
all water that comes under the Secretary's control pursuant 
to subsections 3406(bX3), 3408(h>-(i), and through other 
measures consistent with subparagraph 3406(bXlKB) of 
this title. 
(B) Such quantity of water shall be managed pursuant 
to conditions specified by the United States Fish and Wild-
life Service after consultation with the Bureau of Reclama-
tion and the California Department of Water Resources 
and in cooperation with the California Department of Fish 
and Game. 
(C) The Secretary may temporarily reduce deliveries 
of the quantity of water dedicated under this paragraph 
up to 25 percent of such total whenever reductions due 
to hydrologic circumstances are imposed upon a^cultural 
deliveries of Central Valley Project water; Provided, That 
such reductions shall not exceed in percentage terms the 
reductions imposed on agricultural service contractors; Pro-
vided furtfier, That nothing in this subsection or subsection 
3406(e) shall require the Secretary to operate the project 
in a way that jeopardizes human health or safety. 
(D) If the quantity of water dedicated under this para-
graph, or any portion thereof, is not needed for the purposes 
of this section, based on a finding by the Secretary, the 
Secretary is authorized to make such water available for 
other project purposes. 
(3) develop and implement a program in coordination and 
in conformance with the plan required imder paragraph (1) 
of this subsection for the acquisition of a water supply to 
supplement the quantity of water dedicated to fish and wildlife 
purposes imder paragraph (2) of this subsection and to fulfill 
the Secretery's obligations under paragraph 3406(dX2) of this 
title. The program should identify how the Secretory intends 
to utilize, in particular the following options: improvemento 
in or modifications of the operations of the project; water bank-
ing; conservation; transfers; coi\junctive use; and temporary 
and permanent land fallowing, including purchase, lease, and 
option of water, water rights, and associated agricultural land. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4717 
(4) develop and implement a program to mitigate for fishery 
impacts associated with operations of the Tracy Pumping Plant. 
Such program shall include, but is not limited to improvement 
or replacement of the fish screens and fish recovery facilities 
and i>ractice8 associated with the Tracy Pumping Plant. Costs 
associated with this paragraph shall be reimbuiied in accord-
ance with the following formula: 37.5 percent shall be 
reimbursed as main project features, 37.5 percent shall be 
considered a nonreimbursable Federal expenditiure, and 25 per-
cent shall be paid by the State of California. The reimbursable 
share of funding for this and other facility repairs, improve-
ments, and construction shall be allocated among project water 
and power users in accordance with existing project cost alloca-
tion procedures. 
(5) develop and implement a program to mitigate for fishery 
impacts resulting from operations of the Contra Costa Canal 
Pumping Plant No. 1. Such program shall provide for construc-
tion and operation of fish screening ana recovery facilities, 
and for modified practices and operations. Costs associated 
with this paragraph shall be reimbursed in accordance with 
the following formula: 37.5 percent shall be reimbursed as 
main project features, 37.5 percent shall be considered a 
nonreimbursable Federal expenditure, and 25 percent shall be 
paid by the State of California. 
(6) install and operate a structural temperature control 
device at Shasta Dam and develop and implement modifications 
in CVP operations as needed to assist in the Secretary's efforts 
to control water temperatures in the upper Sacramento River 
in order to protect anadromous fish in the upper Sacramento 
River. Costs associated with planning and construction of the 
structural temperature control device shall be reimbursed in 
accordance with the following formula: 37.5 percent shall be 
reimbursed as main project features, 37.5 percent shall be 
considered a nonreimbursable Federal expenditure, and 25 per-
cent shall be paid by the State of California. 
(7) meet flow standards and objectives and diversion limits 
set forth in all laws and judicial decisions that apply to Central 
Valley Project facilities, including, but not limited to, provisions 
of this title and all obligations of the United States under 
the "Agreement Between the United States and the Department 
of Water Resources of the State of California for Coordinated 
Operation of the Central Valley Project and the State Water 
Project" dated May 20, 1985, as well as Public Law 99-546. 
(8) make use of short pulses of increased water flows to 
increase the survival of migrating anadromous fish moving 
into and through the Sacramento-San Joaquin Delta and 
Central Valley rivers and streams. 
(9) develop and implement a program to eliminate, to the 
extent possible, losses of anadromous fish due to flow fluctua-
tions caused by the operation of any Central Valley Project 
storage or re-regulating facility. The program shall be patterned 
where appropriate after the agreement between the California 
Department of Water Resources and the California Department 
of Fish and Game with respect to the operation of the California 
State Water Project Oroville Dam complex. 
(10) develop and implement measures to minimize fish 
passage problems for adult and juvenile anadromous fish at 
106 STAT. 4718 
PUBLIC LAW 102-575—OCT. 30, 1992 
the Red Bluff Diversion Dam in a manner that provides for 
the use of associated Central Valley Project conveyance facilities 
^ 
for delivery of water to the Sacramento Valley National Wildlife 
Refuge complex in accordance with the requirements of sub-
section (d) of this section. Costs associated with implementation 
of this paragraph shall be reimbursed in accordance with the 
following formula: 37.5 percent shall be reimbursed as main 
project 
features, 
37.5 percent 
shall be considered 
a 
nonreimbursable Federal expenditure, and 25 percent shall be 
paid by the State of California. 
(11) rehabilitate and expand the Coleman National Fish 
Hatchery by implementing the United States Fish and Wildlife 
Service's Coleman National Fish Hatchery Development Plan, 
and modify the Keswick Dam Fish Trap to provide for its 
efficient operation at all project flow release levels and modify 
the basin below the Keswick Dam spillway to prevent the 
trapping of fish. Costs associated with implementation of this 
{>aragraph shall be reimbursed in accordance with the following 
brmula: 50 percent shall be reimbursed as main project fea-
tures and 50 percent shall be considered a nonreimbursabldi 
Federal expenditure. 
(12) develop and implement a comprehensive program to 
provide flows to allow sufficient spawning, incubation, rearing, 
and outmigration for salmon and steelhead from Whiske3rtown 
Dam as determined by instream flow studies conducted bv 
the California Department of Fish and Game after Clear Creek 
has been restored and a new fish ladder has been constructed 
at the McCormick-Saeltzer Dam. Costs associated with channel 
restoration, passage improvements, and fish ladder construction 
required by this paragraph shall be allocated 50 percent to 
the United States as a nonreimbursable expenditure and 50 
percent to the State of California. Costs associated with provid-
ing the flows required by this paragraph shall be allocated 
among project purposes. 
(13) develop and implement a continuing program for the 
purpose of restoring and replenishing, as needed, spawning 
gravel lost due to the construction and operation of Centrm 
Valley Project dams, bank protection projects, and other actions 
that have reduced the availability of spawning gravel and 
rearing habitat in the Upper Sacramento River from Keswick 
Dam to Red Bluff Diversion Dam, and in the American and 
Stanislaus Rivers downstream from the Nimbus and (joodwin 
Dams, respectively. The program shall include preventive meas-
ures, such as re-establishment of meander belts and limitations 
on future bank protection activities, in order to avoid further 
losses of instream and riparian habitat. Costs associated with 
implementation of this paragraph shall be reimbursed in 
accordance with the following formula: 37.5 percent shall be 
reimbursed as main project features, 37.5 percent shall be 
considered a nonreimbursable Federal expenditure, and 25 per-
cent shall be paid by the State of California. 
(14) develop and implement a program which provides for 
modified operations ana new or improved control structures 
at the Delta Cross Channel and Georgiana Slough during times 
when significant numbers of striped bass eggs, larvae, and 
juveniles approach the Sacramento River intake to the Delta 
Cross Channel or Georgiana Slough. Costs associated with 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4719 
implementation of this paragraph shall be reimbursed in 
accordance with the following formula: 37.5 percent shall be 
reimbursed as main project features, 37.5 percent shall be 
considered a nonreimbursable Federal expenditure, and 25 per-
cent shall be paid by the State of California. 
(15) construct, in cooperation with the State of California 
and in consultation with loc€il interests, a barrier at the head 
of Old River in the Sacramento-San Joaquin Delta to be oper-
ated on a seasonal basis to increase the survival of young 
outmigrating salmon that are diverted from the San Joaquin 
River to Central Valley Project and State Water Project pump-
ing plants and in a manner that does not significantly unpair 
the ability of local entities to divert water. The costs associated 
with implementation of this paragraph shall be reimbursed 
in accordance with the following formula: 37.5 percent shall 
be reimbursed as main project features, 37.5 percent shall 
be considered a nonreimbursable Federal expenditure, and 25 
percent shall be paid by the State of California. 
(16) establish, in cooperation with independent entities and 
the State of California, a comprehensive assessment program 
to monitor fish and wildlife resources in the Central Valley 
to assess the biological results and effectiveness of actions 
implemented pursuant to this subsection. 37.5 percent of the 
costs associated with implementation of this paragraph shall 
be reimbursed as main project features, 37.5 percent shall 
be considered a nonreimbursable Federal expenditure, and 25 
percent shall be paid by the State of California. 
(17) develop and implement a program to resolve fishery 
passage problems at the Anderson-Cottonwood Irrigation Dis-
trict Diversion Dam as well as upstream stranding problems 
related to Anderson-Cottonwood Irrigation District Diversion 
Dam operations. Costs associated with implementation of this 
paragraph shall be allocated 50 percent to the United States 
as a nonreimbursable expenditure and 50 percent to the State 
of California. 
(18) if requested by the State of California, assist in devel-
oping and implementing management measures to restore the 
striped bass fishery of the Bay-Delta estuary. Such measures 
shall be coordinated with efforts to protect and restore native 
fisheries. Costs associated with implementation of this para-
graph shall be allocated 50 percent to the United States and 
50 percent to the State of California. The United States' share 
of costs associated with implementation of this paragraph shall 
be nonreimbursable. 
(19) reevaluate existing operational criteria in order to 
maintain minimum carryover storage at Sacramento and Trin-
ity River reservoirs to protect and restore the anadromous 
fish of the Sacramento and Trinity Rivers in accordance with 
the mandates and requirements of this subsection and subject 
to the Secretary's responsibility to fulfill all project purposes, 
including agricultural water delivery. 
(20) participate with the State of California and other 
Federal agencies in the implementation of the on-going program 
to mitigate fully for the fishery impacts associated with oper-
ations of the Glenn-Colusa Irrigation District's Hamilton City 
Pumping Plant. Such participation shall include replacement 
of the defective fish screens and fish recovery facilities associ-
59-194 O—93 
6 : QL 3 (Pt. 6) 
106 STAT. 4720 
PUBLIC LAW 102-575—OCT. 30, 1992 
ated with the Hamilton City Pumping Plant. This authorization 
shall not be deemed to supersede or alter existing authoriza-
tions for the participation of other Federal agencies in the 
mitigation program. Seventy-five percent shall be considered 
a nonreimbursable Federal expenditure, and 25 percent shall 
be paid by the State of Califorma. 
(21) assist the State of California in efforts to develop 
and implement measures to avoid losses of 
juvenile anadromous 
fish resulting firom unscreened or inadequately screened diver-
sions on the Sacramento and San Joaquin rivers, their tribu-
taries, the Sacramento-San Joaquin Delta, and the Suisun 
Marsh. Such measures shall include but shall not be limited 
to construction of screens on unscreened diversions, rehabilita-
tion of existing screens, replacement of existing non-fimctioning 
screens, and relocation of diversions to less 
fishery-sensitive 
areas. The Secretar/s share of costs associated with activities 
authorized under this paragraph shall not exceed 50 percent 
of the total cost of any such activity. 
(22) provide such incentives as the Secretary determines 
to be appropriate or necessary, consistent with the ^oals and 
objectives of this title, to encourage farmers to participate in 
a program, which the Secretary shall develop, under which 
such farmers will keep fields flooded during appropriate time 
periods for the purposes of waterfowl habitat creation and 
maintenance and for Central Valley Project yield enhancement; 
Provided, That such incentives shall not exceed $2,000,000 
annually, either directly or through credits against other 
contractual payment obligations, including the pricing waivers 
authorized under subsection 3405(d) of this tile; Provided fur-
ther. That the holder of the water contract shall pass such 
incentives through to farmers participating in the program, 
less reasonable contractor costs, if any; And provided 
further. 
That such water may be transferred subject to section 3405(a) 
of this title only if the farmer waives all rights to such incen-
tives. This provision shall terminate by the year 2002. 
(23) in order to meet Federal trust responsibilities to pro-
tect the fishery resources of the Hoopa Valley Tribe, ana to 
meet the fishery restoration goals of the Act of October 24, 
1984, Public Law 98-^41, provide through the Trinity River 
Division, for water years 1992 through 1996, an instream 
release of water to uie Trinity River of not less than three 
himdred and forty thousand acre-feet per year for the purposes 
of fishery restoration, propagation, and maintenance and, 
(A) by September 30, 1996, the Secretary, after con-
sultation with the Hoopa Valley Tribe, shall complete the 
Trinity River Flow Evaluation Study currently being con-
ducted by the United States Fish and Wildlife Service 
imder the mandate of the Secretarial Decision of Janu-
ary 14, 1981, in a manner which insures the development 
of recommendations, based on the best available scientific 
data, regarding permanent instream fishery flow require-
ments and Trinity River Division operating criteria and 
procedures for the restoration and maintenance of the Trin-
ity River fishery; and 
(B) not later than December 31, 1996, the Secretary 
shall forward the recommendations of the Trinity River 
Flow Evaluation Study, referred to in subparagraph (A) 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4721 
of this paragraph, to the Committee on Energy and Natural 
Resources and the Select Committee on Indian Affairs of 
the Senate and the Committee on Interior and Insular 
Affairs and the Committee on Merchant Marine and Fish-
eries of the House of Representatives. If the Secretary 
and the Hoopa Valley Tribe concur in these recommenda-
tions, any increase to the minimum Trinity River instream 
fishery releases established under this paragraph and the 
operating criteria and procedures referred to in subpara-
graph (A) shall be implemented accordingly. If the Hoopa 
Valley Tribe and the Secretary do not concur, the minimum 
Trinity River instream fishery releases established under 
this parajp;raph shall remain in effect unless increased by 
an Act of Congress, appropriate judicial decree, or agree-
ment between the Secretary and the Hoopa Valley TMbe. 
Costs associated with implementation of this paragraph 
shall be reimbursable as operation and maintenance 
expenditiu'es pursuant to existing law. 
If the Secretary and the State of California determine that long-
term natural fishery productivity in all Central Valley Project con-
trolled rivers £uid streams resmting from implementation of this 
section exceeds that which existed in the absence of Central Vallev 
Project facilities, the costs of implementing those measures which 
are determined to provide such enhancement shall become credits 
to offset reimbursable costs associated with implementation of this 
subsection. 
(c) SAN JOAQUIN AND STANISLAUS RIVERS.—The Secretary shall, 
by not later than September 30,1996: 
(1) develop a comprehensive plan, which is reasonable, 
prudent, and feasible, to address fish, wildlife, and habitat 
concerns on the San Joaauin River, including but not limited 
to the streamflow, channel, riparian habitat, and water quality 
improvements that would be needed to reestablish where nec-
essary and to sustain naturally reproducing anadromous fish-
eries from Friant Dam to its confluence with the San Francisco 
Bay/Sacramento-San Joaq^uin Delta Estuary. Such plan shall 
be developed in cooperation with the California Department 
of Fish and Game and in coordination with the San Joaquin 
River Management Program under development by the State 
of California; shall comply with and contain any documents 
required by the National Environmental Policy Act and contain 
findings setting forth the basis for the Secretarjr's decision 
to adopt and implement the plan as well as recommendations 
concerning the need for subsequent Congressional action, if 
any; and shall incorporate, among other relevant factors, the 
potential contributions of tributary streams as well as the alter-
natives to be investigated imder paragraph (2) of this sub-
section. During the time that the Secretai^ is developing the 
plan provided for in this subsection, and imtil such time as 
Congress has authorized the Secretary to implement such plan, 
with or without modifications, the Secretary shall not, as a 
measure to implement this title, make releases for the restora-
tion of flows between Gravelly Ford and the Mendota Pool 
and shall not thereafter make such releases as a measure 
to implement this title without a specific Act of Congress 
authorizing such releases. In lieu of such requirement, and 
imtil such time as flows of sufficient quantity, quality and 
106 STAT. 4722 
PUBLIC LAW 102-575—OCT. 30, 1992 
timing are provided at and below Gravelly Ford to meet the 
anadromous fishery needs identified pursuant to such plan, 
if any, entities who receive water from the Friant Division 
of the Centred Valley Project shall be assessed, in addition 
to all other applicable charges, a $4 per acre-foot surcharge 
for all Project water delivered on or before September 30, 
1997; a $5 per acre-foot surcharge for all Project water delivered 
after September 30, 1997 but on or before September 30, 
1999; and a $7 per acre-foot surcharge for all Project water 
delivered thereafter, to be covered into the Restoration Fund. 
(2) in the course of preparing the Stanislaus River Basin 
and Calaveras River Water Use Program Environmental Impact 
Stotement and in consultation with the Stote of California, 
affected counties, and other interests, evaluate and determine 
existing and anticipated future basin needs in the Stanislaus 
River Basin. In the course of such evaluation, the Secretary 
shall investigate alternative storage, release, and delivery 
regimes, including but not limited to conjimctive use operations, 
conservation strategies, exchange arrangements, and the use 
of base and channel maintenance flows, in order to best satisfy 
both basin and out-of-basin needs consistent, on a continuing 
basis, with the limitations and priorities established in the 
Act of October 23, 1962 (76 Stat. 173). For the purposes of 
this subparagraph, '1[>asin needs" shall include water supply 
for agricultural, municipal and industrial uses, and mainte-
nance and enhancement of water quality, and fish and wildlife 
resources within the Stenislaus River Basin as esteblished 
by the Secreterjr's June 29, 1981 Record of Decision; and "out-
of-basin" needs shall include all such needs outside of the 
Stenislaus River Basin, including those of the San Francisco 
Bay/Sacramento-San Joaquin Delte Estuary £uid those of the 
San Joaquin River imder paragraph (1) of this subsection, 
(d) CENTRAL VALLEY REFUGES AND WILDLIFE HABITAT AREAS.— 
In support of the objectives of the Central Valley Habitet Joint 
Venture and in furtherance of the purposes of this title, the Sec-
retory shall provide, either directly or through contractual agree-
ments with other appropriate parties, firm water supplies of suiteble 
quality to maintein and improve wetland habitet areas on unite 
of the National Wildlife Refuge System in the Central Valley of 
California; on the Gray Lodge, Los Banos, Volte, North Grasslands, 
and Mendote stete wildlife management areas; and on the Grass-
lands Resources Conservation District in the Central Valley of 
California. 
(1) Upon enactment of this title, the quantity and delivery 
schedules of water measured at the boundaries of each wetland 
habitet area described in this paragraph shall be in accordance 
with level 2 of the "Dependable Water Supply Needs" teble 
for those habitet areas as set forth in the Refuge Water Supply 
Report and two-thirds of the water supply needed for full habi-
tet development for those habitet areas identified in the San 
Joaquin Basin Action Plan/Kesterson Mitigation Action Plan 
Report prepared by the Bureau of Reclamation. Such water 
shall be provided through long-term contractual agn^eemente 
with appropriate parties and shall be supplemented by the 
increment of water provided for in paragraph (1) of this sub-
section; Provided, That the Secretery sheul be obligated to pro-
vide such water whether or not such long-term contractual 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4723 
agreements are in effect. In implementing this paragraph, the 
Secretary shall endeavor to diversify sources of supply in order 
to minimize possible adverse effects upon Central Valley Project 
contractors. 
(2) Not later than ten years after enactment of this title, 
the quantity and delivery schedules of water measured at the 
boundaries of each wetland habitat area described in this para-
graph shall be in accordance with level 4 of the "Dependable 
Water Supply Needs" table for those habitat areas as set forth 
in the Refuge Water Supply Report and the full water supply 
needed for full habitat development for those habitat areas 
identified in the San Joaquin Basin Action Plan/Kesterson 
Mitigation Action Plan Report prepared by the Bureau of Rec-
lamation. The quantities of water required to supplement the 
quantities provided under paragraph (1) of this subsection shall 
be acquired by the Secretary in cooperation with the State 
of California and in consultation with the Central Valley Habi-
tat Joint Ventiire and other interests in cumulating increments 
of not less than ten percent per annum through voluntary 
measures which include water conservation, conjimctive use, 
purchase, lease, donations, or similar activities, or a combina-
tion of such activities which do not require involuntary 
reallocations of project jdeld. 
(3) All costs associated with implementation of paragraph 
(1) of this subsection shall be reimbursable pursuant to existing 
law. Incremental costs associated with implementation of para-
graph (2) of this subsection shall be fully allocated in accordance 
with the following formula: 75 percent shall be deemed a 
nonreimbursable Federal expenditure; and 25 percent shall be 
allocated to the State of California for recovery through direct 
reimbursements or through equivalent in-kind contributions. 
(4) The Secretary may temporarily reduce deliveries of 
the quantity of water dedicated under paragraph (1) of this 
subsection up to 25 percent of such total whenever reductions 
due to hydrologic circumstances are imposed upon agricultural 
deliveries of Central Valley Project water; Provided, That such 
reductions shall not exceed in percentage terms the reductions 
imposed on agricultural service contractors. For the purpose 
of shortage allocation, the priority or priorities applicable to 
the increment of water provided under paragraph (2) of this 
subsection shall be the priority or priorities which applied 
to the water in question prior to its transfer to the purpose 
of providing such increment. 
(5) The Secretory is authorized and directed to construct 
or to acquire from non-Federal entities such water conveyance 
facilities, conveyance capacity, and wells as are necessary to 
implement the requirements of this subsection; Provided, That 
such authorization shall not extend to conveyance facilities 
in or around the Sacramento-San Joaquin Delto Estuary. Asso-
ciated construction or acquisition costs shall be reimbursable 
pursuant to existing law in accordance with the cost allocations 
set forth in paragraph (3) of this subsection. 
(6) The Secretory, in consultetion with the Stote of Califor- Reports. 
nia, the Central Valley Habitot Joint Venture, and other 
interests, shall investigate and report on the foUoMdng supple-
mentol actions by not later than September 30,1997: 
106 STAT. 4724 
PUBLIC LAW 102-575—OCT. 30, 1992 
(A) alternative means of improving the reliability and 
qualitv of water supplies currently available to privately 
owned, wetlands in the Central Valley and the need, if 
any, for additional supplies; and 
(B) water supply and delivery requirements necessary 
to permit full habitat development for water dependent 
wildlife on one hundred and twenty thousand acres sui>ple-
mental to the existing wetland habitat acreage identined 
in Table 8 of the Central Valley Habitat Joint Venture's 
"Implementation Plan" dated April 19, 1990, as well as 
feasible means of meeting associated water supply require-
ments. 
(e) SUPPORTING INVESTIGATIONS.—Not later than five years 
after the date of enactment of this title, the Secretary shall inves-
tigate and provide recommendations to the Committee on Energy 
and Natural Resources of the Senate and the Committees on 
Interior and Insular Affairs and Merchant Marine and Fisheries 
of the House on the feasibility, cost, and desirabilitv of developing 
and implementing each of the following, including, but not limitea 
to, the impact on the project, its users, and the State of California: 
(1) measures to maintain suitable temperatures for anad-
romous fish survival in the Sacramento and San Joaquin rivers 
and their tributaries, and the Sacramento-San Joaquin Delta 
by controlling or relocating the discharge of irrigation return 
flows and sewage effluent, and by restoring riparian forests; 
(2) opportunities for additional hatchery production to miti-
gate the impacts of water development and operations on, or 
enhance efforts to increase Central Valley fisheries; Provided, 
That additional hatchery production shall only be used to 
supplement or to re-establish natural production while avoiding 
adverse effects on remaining wild stocks; 
(3) measures to eliminate barriers to upstream and down-
stream migration of salmonids in the Central Valley, including 
but not limited to screening programs, barrier removal pro-
grams and programs for the construction or rehabilitation of 
fish ladders on tributary streams; 
(4) installation and operation of temperature control devices 
at Trinity Dam and Reservoir to assist in the Secretary's efforts 
to conserve cold water for 
fishery 
protection purposes; 
(5) measures to provide for modified operations and new 
or improved control structures at the Delta Cross Channel 
and Georgiana Slough to assist in the successfiil migration 
of anadromous 
fish; 
and 
(6) other measures which the Secretary determines would 
protect, restore, and enhance natural production of salmon 
and steelhead trout in tributary streams of the Sacramento 
and San Joaauin Rivers, including but not limited to the 
Merced, Mokulumne, and Calaveras Rivers and Battle, Butte, 
Deer, Elder, Mill, and Thomes Creeks. 
(f) REPORT ON PROJECT FISHERY IMPACTS.—The Secretarv, in 
consultation with the Secretary of Commerce, the State of Califor-
nia, appropriate Indian tribes, and other appropriate public and 
private entities, shall investigate and report on all efiects of the 
Central Valley Project on anadromous nsh populations and the 
fisheries, communities, tribes, businesses and other interests and 
entities that have now or in the past had significant economic, 
social or cultural association with those fishery resources. The Sec-
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4725 
retary shall provide such report to the Committee on Energy and 
Natural Resources of the Senate and the Committees on Interior 
and Insular Affairs and Merchant Marine and Fisheries of the 
House of Representatives not later than two years after the date 
of enactment of this title. 
(g) 
ECOSYSTEM AND WATER SYSTEM OPERATIONS MODELS.— 
The Secretary, in cooperation with the State of California and 
other relevant interests and experts, shall develop readily usable 
and broadly available models and supporting data to evaluate the 
ecologic and hydrologic effects of existing and alternative operations 
of public and private water facilities and systems in the Sacramento, 
San Joaquin, and Trinity River watersheds. The primary purpose 
of this effort shall be to support the Secretary's efforts in fulfilling 
the requirements of this title through improved scientific imder-
standing concerning, but not limited to, the following: 
(1) a comprehensive water budget of surface and groimd-
water supplies, considering all sources of inflow and outflow 
available over extended periods; 
(2) related water quality conditions and improvement alter-
natives, including improved temperature prediction capabilities 
as they relate to storage and flows; 
(3) surface-ground and stream-wetland interactions; 
(4) measures needed to restore anadromous fisheries to 
optimum and sustainable levels in accordance with the restored 
carrying capacities of Central Valley rivers, streams, and ripar-
ian habitats; 
(5) development and use of base flows and channel mainte-
nance flows to protect and restore natural channel and riparian 
habitat values; 
(6) implementation of operational regimes at State and 
Federal facilities to increase springtime flow releases, retain 
additional floodwaters, and assist in restoring both upriver 
and downriver riparian habitats; 
(7) measures designed to reach sustainable harvest levels 
of resident and anadromous fish, including development and 
use of systems of tradeable harvest rights; 
(8) opportunities to protect and restore wetland and upland 
habitats throughout the Central Valley; and 
(9) measures to enhance the firm yield of existing Central 
Valley Project facilities, including improved management and 
operations, coi\junctive use opportunities, development of 
offstream storage, levee setbacks, and riparian restoration. 
All studies and investigations shall take into account and be fully 
consistent with the fish, wildlife, and habitat protection and restora-
tion measures required by this title or by any other State or 
Federal law. Seventy-five percent of the costs associated with 
implementation of this subsection shall be borne by the United 
States as a nonreimbursable cost; the remaining 25 percent shall 
be borne by the State of California. 
(h) The Secretary shall enter into a binding cost-share agree-
ment with the State of California with respect to the timely 
reimbursement of costs allocated to the State in this title. Such 
agreement shall provide for consideration of the value of direct 
reimbursements, specific contributions to the Restoration Fund, 
and water, conveyance capacity, or other contributions in-kind that 
would supplement existing programs and that would, as determined 
Contracts. 
Inter-
governmental 
relations. 
106 STAT. 4726 
PUBLIC LAW 102-575—OCT. 30, 1992 
by the Secretary, materially contribute to attainment of the goals 
and objectives of this title. 
SEC. 3407. RESTORATION FUND. 
(a) RESTORATION FUND ESTABLISHED.—There is herebv estab-
lished in the Treasury of the United States the "Central Valley 
Proiect Restoration Fund" (hereafter "Restoration Fund") which 
shall be available for deposit of donations from any source and 
revenues provided under sections 3404(cX3), 3405(f), 3406(cXl), and 
3407(d) 01 this title. Amounts deposited shall be credited as offset-
ting collections. Not less than 67 percent of all funds made available 
to the Restoration Fund under tms title are authorized to be appro-
priated to the Secretary to carry out the habitat restoration, 
improvement and acauisition (from willing sellers) provisions of 
this title. Not more tnan 33 percent of all funds made available 
to the Restoration Fund under this title are authorized to be appro-
priated to the Secretary to carry out the provisions of paragraphs 
3406(bX4)-(6), (10)-<18), and (20)-(22) of this title. Monies donated 
to the Restoration Fund by non-Federal entities for specific piuposes 
shall be expended for those piurposes only and shall not be subject 
to appropriation. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Such siuns as are nec-
essary, up to $50,000,000 per year (October 1992 price levels), 
are authorized to be appropriated to the Secretary to be derived 
from the Restoration Fund to carry out programs, projects, plans, 
and habitat restoration, improvement, and acquisition provisions 
of this title. Any funds paid into the Restoration Fund by Central 
Valley Project water and power contractors and which are also 
used to pay for the projects and facilities set forth in section 
3406(b), snail act as an offset against any water and power contrac-
tor cost share obligations that are otherwise provided for in this 
title. 
(c) MITIGATION AND RESTORATION PAYMENTS BY WATER AND 
POWER BENEFICIARIES.— 
(1) To the extent required in appropriation Acts, the Sec-
retary shall assess and collect additional annual mitigation 
and restoration payments, in addition to the charges provided 
for or collected under sections 3404(cX3), 3405(aXlXC), 3405(f), 
and 3406(cXl) of this title, consisting of charges to direct bene-
ficiaries of the Central Valley Project under subsection (d) 
of this section in order to recover a portion or all of the costs 
of fish, wildlife, and habitot restoration programs and projects 
under this title. 
(2) The payment described in this subsection shall be estob-
lished at amounts that will result in collection, during each 
fiscal year, of an amount that can be reasonably expected 
to equal the amount appropriated each year, subject to sub-
section (d) of this section, and in combination with all other 
receipts identified under this title, to carry out the purposes 
identified in subsection (b) of this section; Provided, That, if 
the totol amount appropriated under subsection (b) of tJiis 
section for the fiscal years following enactment of this title 
does not equal $50,000,000 per year (October 1992 price levels) 
on an average annual basis, the Secretary shall impose such 
charges in fiscal year 1998 and in each fiscal year thereafter, 
subject to ^e limitotions in subsection (d) of this section, as 
may be required to yield in fiscal year 1998 and in each fiscal 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4727 
year thereafter total collections eqiial to $50,000,000 per year 
(October 1992 price levels) on a three-year rolling average 
basis for each nscal year that follows enactment of this title, 
(d) ADJUSTMENT AND ASSESSMENT OF MITIGATION AND RESTORA-
TION PAYMENTS.— 
(1) In assessing the annual payments to carry out sub-
section (c) of this section, the Secretary shall, prior to each 
fiscal year, estimate the amount that could be collected in 
each fiscal yearnursuant to subparagraphs 2(A) and (B) of 
this subsection. The Secretary shall decrease all such payments 
on a proportionate basis from amounts contained in the esti-
mate so that £ui aggregate amount is collected pursuant to 
the requirements of paragraph (cX2) of this section. 
(2) The Secretary shall assess and collect the following 
mitigation and restoration pajmients, to be covered to the Res-
toration Fund, subject to the requirements of paragraph (1) 
of this subsection: 
(A) The Secretary shall require Central Valley Project 
water and power contractors to make such additional 
annual payments as are necessary to 3deld, together with 
all other receipts, the amount required under paragraph 
(cX2) of this subsection; Provided, That such additional 
payments shall not exceed $30,000,000 (October 1992 price 
levels) on a three-year rolling average basis; Provided fur-
ther, That such additional annual payments shall be allo-
cated so as not to exceed $6 per acre-foot (October 1992 
price levels) for agricultural water sold and delivered by 
the Central Valley Project, and $12 per acre-foot (October 
1992 price levels) for municipal and industrial water sold 
and delivered by the Central Valley Project; Provided fur-
ther. That the charge imposed on agriciiltural water shall 
be reduced, if necessary, to an amoimt within the probable 
ability of the water users to pay as determined and adjusted 
by the Secretary no less than eveiy five years, taking 
into account the benefits resulting from implementation 
of this title; Provided further. That the Secretary shall 
impose an additional annual charge of $25 per acre-foot 
(October 1992 price levels) for Central Valley Project water 
sold or transferred to any State or local agency or other 
entity which has not previously been a Central Valley 
Project customer and which contracts with the Secretary 
or any other individual or district receiving Central Valley 
Project water to purchase or otherwise transfer any such 
water for its own use for municipal and industrial purposes, 
to be deposited in the Restoration Fund; And Provided 
further, That upon the completion of the fish, wildlife, 
and habitet mitigation and restoration actions mandated 
under section 3406 of this title, the Secretary shall reduce 
l^e sums described in paragraph (cX2) of this section to 
$35,000,000 per year (October 1992 price levels) and shall 
reduce the annual mitigation and restoration payment ceil-
ing established under this subsection to $15,000,000 (Octo-
ber 1992 price levels) on a three-year rolling average basis. 
The amount of the mitigation and restoration pa3anent 
made by Central Valley Project water and power users, 
taking into account all funds collected imder this title, 
shall, to the greatest degree practicable, be assessed in 
106 STAT. 4728 
PUBLIC LAW 102-575—OCT. 30, 1992 
the same proportion, measured over a ten-year rolling aver-
age, as water eind power users' respective allocations for 
repayment of the Central Valley Project. 
(e) FUNDING TO NON-FEDERAL ENTITIES.—If the Secretary 
determines that the State of California or an agency or subdivision 
thereof, an Indian tribe, or a nonprofit entity concerned with res-
toration, protection, or enhancement of fish, wildlife, habitat, or 
environmental values is able to assist in implementing any action 
authorized by this title in an efficient, timely, and cost effective 
manner, the Secretary is authorized to provide funding to such 
"
^ 
entity on such terms and conditions as he deems necessary to 
assist in implementing the identified action. 
(f) RESTORATION FUND FINANCIAL REPORTS.—The Secretary 
shall, not later than the first full fiscal year after enactment of 
this title, and annually thereafter, submit a detailed report to 
the Committee on Energy and Natural Resources and the Commit-
tee on Appropriations of the Senate, and the Committee on Interior 
and Insular Affairs, the Committee on Merchant Marine and Fish-
eries, and the Committee on Appropriations of the House of Rep-
resentatives. Such report shall describe all receipts to and uses 
made of monies within the Restoration Fund and the Restoration 
Account during the prior fiscal year and shall include the Secretary's 
projection with respect to receipts to and uses to be made of the 
finds during the next upcoming 
fiscal 
year. 
SEC. 3408. ADDITIONAL AUTHORmES. 
(a) REGULATIONS AND AGREEMENTS AUTHORIZED.—The Sec-
retary is authorized and directed to promulgate such regulations 
and enter into such agreements as may be necessary to implement 
the intent, purposes and provisions of this title. 
(b) USE OF ELECTRICAL ENERGY.—Electrical energy used to 
operate and maintain facilities developed for fish and wildlife pur-
poses pursuant to this title, including that used for groundwater 
development, shall be deemed as Central Valley Project power 
and shall, if reimbursable, be repaid in accordance with Reclamation 
law at a price not higher than the lowest price paid by or charged 
to other Central Valley Project contractors. 
(c) CONTRACTS FOR ADDITIONAL STORAGE AND DELIVERY OF 
WATER.—^The Secretary is authorized to enter into contracts pursu-
ant to Reclamation law and this title with any Federal agency, 
California water user or water agency. State agency, or private 
nonprofit organization for the exchange, impoimdment, storage, 
carriage, and delivery of Central Valley Project and non-project 
water for domestic, municipal, industrial, fish and wildlife, and 
any other beneficial purpose, except that nothing in this subsection 
shall be deemed to supersede the provisions of section 103 of PubUc 
Law 99-646 (100 Stat. 3051). 
(d) USE OF PROJECT FACILITIES FOR WATER BANKING.—The 
Secretary, in consultation with the State of California, is authorized 
to enter into agreements to allow project contracting entities to 
use project facilities, where such facilities are not otherwise commit-
ted or required to fulfill project purposes or other Federal obliga-
tions, for supplying carry-over storage of irrigation and other water 
for (h:t>ught protection, multiple-benefit credit-storage operations, 
and other purposes. The use of such water shall be consistent 
with and subject to State law. All or a portion of the water provided 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4729 
for fish and wildlife under this title may be banked for fish £uid 
wildlife purposes in accordance with this subsection. 
(e) LIMITATION ON CONSTRUCTION.—This title does not and 
shall not be interpreted to authorize construction of water storage 
facilities, nor shall it limit the Secretary's ability to participate 
in water banking or conjunctive use programs. 
(f) ANNUAL REPORTS TO CONGRESS.—Not later than September 
30 of each calendar year after the date of enactment of this title, 
the Secretary shall submit a detailed report to the Committee 
on Energy and Natiiral Resources of the Senate and the Committee 
on Interior and Insular Affairs and the Committee on Merchant 
Marine and Fisheries of the House of Representatives. Such report 
shall describe all significant actions taken by the Secretary pursu-
ant to this title and progress toward achievement of the mtent, 
purposes and provisions of this title. Such report shall include 
recommendations for authorizing legislation or other measures, if 
any, needed to implement the mtent, purposes and provisions of 
this title. 
(g) RECLAMATION LAW.—^This title shall amend and supplement 
the Act of June 17, 1902, and Acts supplementary thereto and 
amendatory thereof 
(h) LAND RETIREMENT.— 
(1) The Secretary is authorized to purchase from willing 
sellers land and associated water rights and other property 
interests identified in paragraph (hX2) which receives Central 
Valley Project water under a contract executed with the United 
States, and to target such purchases to areas deemed most 
beneficial to the overall purchase program, including the pur-
poses of this title. 
(2) The Secretary is authorized to purchase, under the 
authority of paragraph (hXi), and pursuant to such rules and 
regulations as may be adopted or promulgated to implement 
the provisions of this subsection, agricultural land wnich, in 
the opinion of the Secretary— 
(A) would, if permanently retired from irrigation, 
improve water conservation by a district, or improve the 
quality of an irrigation district's agricultural wastewater 
and assist the district in implementing the provisions of 
a water conservation plan approved imder section 210 of 
the Reclamation Reform Act of 1982 and agricultural 
wastewater management activities developed pursuant to 
recommendations specific to water conservation, drainage 
source reduction, and land retirement contained in the 
final report of the San Joaquin Valley Drainage Program 
(September, 1990); or 
(B) are no longer suitable for sustained agiiciiltural 
production because of permanent damage resulting from 
severe drainage or agricultural wastewater management 
W
problems, groundwater withdrawals, or other causes. 
ATER CONSERVATION.— 
(1) The Secretary is authorized to undertake, in cooperation 
with Central Valley Project irrigation contractors, water con-
servation projects or measures needed to meet the requirements 
of this title. The Secretary shall execute a cost-sharing agree-
ment for any such project or measure imdertaken. Under such 
agreement, the Secretary is authorized to pay up to 100 percent 
of the costs of such projects or measures. Any water saved 
106 STAT. 4730 
PUBLIC LAW 102-575—OCT. 30, 1992 
by such projects or measures shedl be governed by the conditions 
of subparagraph 3405(aXl) (A) and (J) of this title, and shall 
be made available to the Secretary in proportion to the Sec-
retar/s contribution to the total cost of such project or measure. 
Such water shall be used by the Secretary to meet the Sec-
retar/s obligations under this title, including the requirements 
of paragraph 3406(bX3). Such projects or measures must be 
implemented fully by September 30,1999. 
(2) There are authorized to be appropriated through the 
end of fiscal year 1998 such sums as may be necessary to 
carry out the provisions of this subsection. Funds appropriated 
under this subsection shall be a nonreimbursable Federal 
expenditure. 
(j) PROJECT YIELD INCREASE.—In order to minimize adverse 
efiTecte, if any, upon existing Central Valley Project water contrac-
tors resulting from the water dedicated to fish and wildlife under 
this title, and to assist the State of California in meeting its future 
water needs, the Secretary shall, not later than three years after 
the date of enactment of this title, develop and submit to the 
Congress, a least-cost plan to increase, within fifteen years after 
the date of enactment of this title, the yield of the Central Valley 
Project by the amount dedicated to fish and wildlife purposes under 
this title. The plan authorized by this subsection shall include, 
but shall not be limited to a description of how the Secretory 
intends to use the following options: 
(1) improvements in, modification of, or additions to the 
facilities and operations of the project; 
(2) conservation; 
(3) transfers; 
(4) conjunctive use; 
(5) purchase of water; 
(6) purchase and idling of agricultural land; and 
(7) direct purchase of water rights. 
Such plan shall include recommendations on appropriate cost-shar-
ing sirrangements and shall be developed in a manner consistent 
with all appUcable Stote and Federal law. 
(k) Except as specifically provided in this title, nothing in 
this title is intended to alter the terms of any final judicial decree 
confirming or determining water rights. 
SEC. 3409. ENVIRONMENTAL REVIEW. 
Not later than three years after the date of enactment of 
this title, the Secretory shall prepare and complete a programmatic 
environmentol impact stotement pursuant to tne Nationed Environ-
mentol Policy Act analyzing the direct and indirect impacts and 
benefite of implementing this title, including all fish, wildlife, and 
habitot restoration actions and the potontial renewal of all existing 
Central Valley Project water contracts. Such stotement shall con-
sider impacte and benefite within the Sacramento, San Joaquin, 
and Trinity River basins, and the San Francisco Bay/Sacramento-
San Joaquin River Delto Estuaiy. The cost of the environmental 
impact stotement described in this section shall be treated as a 
capital expense in accordance with Reclamation law. 
SEC. 3410. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this title. Funds appro-
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4731 
priated under this title shall remain available until expended with-
out fiscal year limitation. 
SEC. 3411. COMPLIANCE WITH STATE WATER LAW AND COORDINATED 
OPERATIONS AGREEMENT. 
(a) Nothwithstanding any other provision of this title, the Sec-
retary shall, prior to the reallocation of water from any purpose 
of use or place of use specified within applicable Central Valley 
Project water rights permits and licenses to a purpose of use or 
place of use not specified within said permits or licenses, obtain 
a modification in those permits and licenses, in a manner consistent 
with the provisions of applicable State law, to allow such change 
in purpose of use or place of use. 
(b) The Secretary, in the implementation of the provisions 
of this title, shall fully comply with the United States' ooligations 
as set forth in the "Agreement Between the United States of Amer-
ica and the Department of Water Resources of the State of Califor-
nia for Coordinated Operation of the Central Valley Project and 
the State Water Project" dated May 20, 1985, and the provisions 
of Public Law 99-546; and shall take no action which shifts an 
obligation that otherwise should be borne by the Central Valley 
Project to any other lawful water rights permittee or licensee. 
SEC. 3412. EXTENSION OF THE TEHAMA-COLUSA CANAL SERVICE 
AREA. 
The first paragraph of section 2 of the Act of September 26, 
1950 (64 Stat. 1036), as amended by the Act of August 19, 1967 
(81 Stat. 167), and the Act of December 22, 1980 (94 Stat. 3339), 
authorizing the Sacramento Valley Irrigation Canals, Central Valley 
Project, California, is further amended by striking "Tehama, Glenn, 
and Colusa Counties, and those portions of Yolo County within 
the boundaries of the Colusa County, Dunnigan, and Yolo-Zamora 
water districts or" and inserting "Tehama, Glenn, Colusa, Solano, 
and Napa Counties, those portions of Yolo County within the bound-
aries of Colusa County Water District, Dunnigan Water District, 
Yolo-Zamora Water District, and Yolo County Flood Control and 
Water Conservation District, or". 
TITLE XXXV—THREE AFFILIATED TRIBES AND STAND-
ING ROCK SIOUX TRIBE EQUITABLE COMPENSATION 
PROGRAM, NORTH DAKOTA 
SEC. 3501. SHORT TITLE. 
This title may be cited as the "Three Affiliated Tribes and 
Standing Rock Sioux Tribe Equitable Compensation Act". 
SEC. 3502. DEFINITIONS. 
As used in this title, the term— 
(1) "Secretary" means the Secretary of the Interior; 
(2) "Three Affiliated Tribes" means the Mandan, Hidatsa, 
and Arikara Tribes that reside on the Fort Berthold Indian 
Reservation, a Federal reservation established by treaty and 
agreement between the Tribes and the United States; 
(3) "Standing Rock Sioux Tribe" means the members of 
i 
the Great Sioux Nation that reside on the Standing Rock Indian 
Reservation, established by treaty between the Tribe and the 
United States; and 
Three Affiliated 
Tribes and 
Standing Rock 
Sioux Tribe 
Equitable 
Compensation 
Act. 
106 STAT. 4732 
PUBLIC LAW 102-575—OCT. 30, 1992 
(4) "Joint Tribal Advisory Committee" means the commis-
sion established by the Secretary on May 10, 1985, for the 
purpose of assessing the impacts of the Garrison and Oahe 
Dams on the Three Affiliated Tribes and the Standing Rock 
Sioux Tribe. 
SEC. 3503. FINDINGS; DECLARATIONS. 
(a) FINDINGS.—^In recognition of the findings, conclusions, and 
recommendations of the Secretary's Joint Tribal Advisory Commit-
tee, Congress finds that the Three Affiliated Tribes and the Stand-
ing Rock Sioux Tribe should be adequately compensated for the 
•ee AfiEUiated Tribes, of one hunt 
t£iking, in the case of the Three AfiEUiated Tribes, of one hundred 
and ndPty-six thousand acres of reservation lands and, in the case 
of the Standing Rock Sioux Tribe, fifty-six thousand acres of reserva-
tion lands, as the site for the Garrison Dcun and Reservoir, and 
the Oahe Dam and Reservoir. Congress concurs in the Advisory 
Committee's findings and conclusions that the Untied States 
Government did not justly compensate such Tribes when it acquired 
those lands. 
(b) DECLARATIONS.—(1) The Congress declares that the Three 
Affiliated Tribes are entitled to additional financial compensation 
for the taking of one hundred and fifty-six thousand acres of their 
reservation lands, including thousands of acres of prime amcultural 
bottom lands, as the site for the Garrison Dam and Reservoir, 
and that such amounts should be deposited in the Recovery Fimd 
established by section 3504(a) for use in accordance with this title. 
(2) The Congress declares that the Standing Rock Sioux Tribe 
is entitled to atkUtional financial compensation for the taking of 
over fifty-six thousand acres of its reservation lands, as the site 
for the Oahe Dam and Reservoir, and that such amounts should 
be deposited in the Standing Rock Sioux Tribe Economic Recoverv 
Fund established by section 3504(b) for use in accordance witn 
this title. 
SEC. 3604. FUNDS. 
(a) THREE AFFILIATED TRIBES ECONOMIC RECOVERY FUND.— 
(1) There is established in the Treasury of the United States the 
'Three Affiliated Tribes Economic Recovery Fund" (hereinafter 
referred to as the "Recovery Fund"). 
(2) Commencing with fiscal year 1993, and each fiscalyear 
thereafter, the Secretary of the Treasury shall deposit in the Tnree 
Affiliated Tribes Economic Recovery Fund an amount, which shall 
be nonreimbursable and nonretumable equal to 25 jpercent of the 
receipts from deposits to the United States Treasuiy for the preced-
ing fiscal year from the integrated programs of the Eastern Division 
of the Pick-Sloan Missouri River Basin Project administered bv 
the Western Area Power Administration, but in no event shall 
the aggregate of the amounts deposited to the Fund established 
by this subsection for compensation for the Three Affiliated Tribes 
pursuant to this paragraph and paragraph (3) exceed $149,200,000. 
(3) For pajntnent to the Three Affiliated Tribes of amounts 
to which they remain entitled pursuant to the Act entitled "An 
Act to make certain provisions in connection with the construction 
of the Garrison Diversion imit, Missouri River Basin Project, by 
the Secretary of the Interior," approved August 5, 1965 (79 Stat. 
433), there is authorized to be appropriated to the Recovery Fimd 
established by subsection (a) for fiscal year 1994 and each of the 
next following nine 
fiscal 
years, the sum of $6,000,000. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4733 
(4) The Secretary of the Treasury shall deposit the interest 
which accrues on deposits to the Three Afliliatea Tribes Economic 
Recovery Fund in a separate account in the Treasury of the United 
States. Such interest shall be available, without fiscal year limita-
tion, for use by the Secretary of the Interior, commencing with 
fiscal year 1998, and each fiscal year thereafter, in making pay-
ments to the Three Affiliated Tribes for use for educational, social 
welfare, economic development, and other programs, subject to the 
approval of the Secretary. No part of the principal of the Three 
.Ainliated Tribes Economic Development Fund shall be available 
for making such payments. 
(b) STANDING ROCK SIOUX TRIBE ECONOMIC RECOVERY FUND.— 
(1) There is established in the Treasury of the United States the 
"Standing Rock Sioux Tribe Economic Recovery Fund." 
(2) Commencing with fiscalyear 1993, and for each fiscal year 
thereafter, the Secretanr of the Treasury shall deposit in the Stand-
ing Rock Sioux Tribe Economic Recovery Fund an amount, which 
shall be nonreimbursable and nonretumable equal to 25 percent 
of the receipts from deposits to the United States Treasury for 
the preceding fiscal year from the integrated programs of the East-
em Division of the Pick-Sloan Missouri River Basin Project adminis-
tered by the Western Area Power Administration, but in no event 
shall the aggregate of the amoimts deposited to the Recovery Fund 
established by this subsection for compensation for the Standing 
Rock Sioux Tribe pursuant to this paragraph exceed $90,600,000. 
(3) The Secretary of the Treasury shall deposit the interest 
which accrues on deposits to the Standing Rock Sioux Tribe Eco-
nomic Recovery Fund in a separate accoimt in the Treasury of 
the United States. Such interest shall be available, without fiscal 
year limitation, for use by the Secretary of the Interior, commencing 
with fiscal year 1998, and each fiscal year theresifler, in making 
payments to the Standing Rock Sioux Tribe for use for educational, 
social welfare, economic development, and other programs, subject 
to the approval of the Secretary. No part of the principal of the 
Standing Rock Sioux Tribe Economic Recovery Fund shall be avail-
able for making such payments. 
SEC. 3505. EUGmiUTY FOR OTHER SERVICES NOT AFFECTED. 
No payments pursuant to this title shall result in the reduction, 
or the denial, of any Federal services or programs that the Three 
Affiliated Tribes or the Standing Rock Sioux Tribe, or any of their 
members, are otherwise entitled to, or eligible for, because of their 
status as a federally recognized Indian tribe or member pursuant 
to Federal law. No payments pursuant to this title shall be subp'ect 
to Federal or State income tax, or affect Pick-Sloan Missouri River 
Basin power rates in any way. 
SEC. 3506. PER CAPITA PAYMENTS PROHIBITED. 
No part of any moneys in any fund under this title shall 
be distriouted to any member of the Three Affiliated Tribes or 
the Standing Rock Sioux Tribe on a per capita basis. 
SEC. 3607. STANDING ROCK SIOUX INDIAN RESERVATION. 
(a) IRRIGATION.—^The Secretary of the Interior is authorized 
to develop irrigation within the boundaries of the Standing Rock 
Indian Reservation in a two thousand three hundred and eighty 
acre project service area, except that no appropriated funds are 
authorized to be expended for construction of this project unless 
106 STAT. 4734 
PUBLIC LAW 102-575—OCT. 30, 1992 
the Secretary has made a finding of urigability of the lands to 
receive water as required by the Act of July 31, 1953 (43 U.S.C. 
390a). Repayment for the units authorized under this subsection 
shall be made pursuant to the Act of July 1, 1932 (25 U.S.C. 
386a). 
(b) SPECIFIC.—^There is authorized to be appropriated, in addi-
tion to any other amounts authorized by this title, or any other 
law, to the Secretary of the Interior $4,660,000 for use by the 
Secretary of the Interior in carrying out irrigation projects for 
the Standing Rock Sioux Tribe. 
(c) DISCLAIMER.—^This section shall not limit future irrigation 
development, in the event that such irrigation is subsequently 
authorized. 
SEC. 3508. TRANSFER OF LANDS. 
(a) FORMER TRIBAL LANDS.—<1) Except as provided in sub-
section (j), the Secretary of the Army shall transfer administrative 
jurisdiction over the lands described in paragraph (2) (including 
the improvements thereon) to the Secretary of the Interior to be 
administered as set out in subsection (d). 
(2) The lands referred to in paragraph (1) are those Federal 
lands which were acquired from the Three Affiliated Tribes by 
the United States for the Garrison Dam Project pursuant to the 
Act of October 29, 1949 and which are within the external boundary 
of the Fort Berthold Indian Reservation and located at or above 
contour elevation one thousand eight hundred and sixty feet mean 
sea level. 
(b) FOUR BEARS AREA.—All rights, title, and interest of the 
United States in the following described lands (including the 
improvements thereon) and underl3dng Federal minerals are hereby 
declared to be held in trust by the United States for the Three 
Affiliated Tribes as part of the Fort Berthold Indian Reservation: 
(1) approximately 142.2 acres, more or less, lying above 
contour elevation one thousand eight hundred and fifty-four 
feet mean sea level and located south of the southerly right-
of-way line of North Dakota State Highway No. 23, in the 
following sections of Township 152 North, range 93 west of 
the 5th principal meridian, McKenzie County, North Dakota: 
Section 15: south half of the southwest quarter; 
Section 21: northeast quarter and northwest quarter 
of the southeast quarter; 
Section 22: north half of the northwest quarter; and 
(2) approximately 45.80 acres, more or less, situated in 
the east naif of the southwest quarter and the east half of 
the west half of the southwest quarter of section 15, Ijdng 
at or above contour elevation one thousand eight hundred and 
fifty-four mean sea level, located north of the northerly right-
of-way line of North Dakota State Highway No. 23 and South-
easterly of the following described line: 
Commencing at a point on the west line of said section 
15, said point l^ing 528.00 feet Northerly of the existing 
northerly right-of-way line of North Dakota State Highway 
No. 23; thence north 77 00' 00" east to the west line 
of said east half of the west half of the southwest quarter 
of section 15, and the point of beginning of such line; 
thence northeasterly to the northwest comer of the east 
half of the southwest quarter and the point of termination. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4735 
(c) FORMER NONTRIBAL LANDS.—(1) Except as provided in sub-
section Q), the Secretary of the Army shall transfer administrative 
jurisdiction over the lands described in paragraph (2) (including 
the improvements thereon) to the Secretary of the Interior to be 
administered as set out in subsection (d). 
(2) The lands referred to in paragraph (1) are— 
(A) those Federal lands acquu*ed firom individual Indian 
owners by the Unitecl States for the Garrison Dam Project 
pursuant to the Act of (October 29,1949; and 
(B) those lands acquired from non-Indian owners by the 
United States for such Project (either by purchase or condemna-
tion); 
and which are within the external boundary of the Fort Berthold 
Reservation, and located at or above contour elevation one thousand 
eight hundred and sixty feet mean sea level. 
(d) RIGHT OF FIRST REFUSAL.—(1) The Secretary of the Interior 
shall, within one year following the date of the enactment of this 
title, offer to the Three ^ifiliated Tribes, and to such individual 
Indian owners and non-Indian owners from whom such lands were 
acquired, or their heirs or assigns, a right of first refusal, for 
a period to be determined by tne Secretary of the Interior not 
to exceed twelve months following notice of the offer to such Tribes, 
owners, heirs, or assigns, to purchase at fair market value any 
land, in the case of the Three Affiliated Tribes, described in sub-
section (b), and in the case of individual Indian and non-Indian 
owners, described in subsection (c), which was so acquired. If any 
such former owner, or his or her heirs or assigns, refuses or fails 
to exercise his or her right to repurchase, an option to purchase 
such land shall be afforded to the Three Affiliated Tribes. 
(2) Lands purchased from the Secretary of the Interior by 
former owners, or their heirs or assigns, under this subsection 
shall not be sold by former owners, their heirs or assigns, within 
the 5-year period following such purchase, unless the Three Affili-
ated Tribes has been afforded a right of first refusal to purchase 
such lands. Such right of first refusal shall afford the Tribes— 
(A) thirty days 
from 
such notification to inform the prospec-
tive seller whether the Tribes intend to exercise their right 
of first refusal to purchase such lands at the price of the 
bona fide offer; and 
(B) one year from such notification to complete the purchase 
of such lands under their right of first refusal. 
(e) CONSIDERATION.—In consideration for the transfer of the 
lands described above, the Secretai^ of the Interior, or his designee, 
shall be responsible for determining the location of contour ele-
vations one thousand eight hundred and sixty feet mean sea level 
(for subsections (a) and (c)) and one thousand eight hundred and 
fifty-four feet mean sea level (for subsection (b)) by surveying and 
monumenting such contour at intervals no greater than five hun-
dred feet. The survey and monumentation shall be completed within 
two years after the date of the enactment of this title. 
(f) RESERVATIONS.—The United States hereby reserves the 
perpetual right, power, privilege, and easement permanentlv to 
overflow, flood, submerge, saturate, percolate, and erode the land 
described in subsections (a), (b), and (c) in connection with the 
operation and maintenance of the Garrison Dam Project, as author-
ized by the Act of Congress approved December 22, 1944, and 
the continuing right to cle£ur and remove any brush, debris, and 
106 STAT. 4736 
PUBLIC LAW 102-575—OCT. 30, 1992 
natural obstructions which, in the opinion of the Secretary of the 
Army, may be detrimental to the Project. The Three Affiliated 
Tribes, and the owners or their heirs or assigns who reacquired 
such Isuids pursuant to this title may exercise all other rights 
and privileges on the land except for those rights and privileges 
which would interfere with or abridge the rights and easements 
hereby reserved. 
(g) PROHIBITIONS.—^With respect to any lands described in this 
section that are below one thousand eight hundred and sixty feet 
mean sea level, no structures for human habitation shall be con-
structed or maintained on the land, and no other structures shall 
be constructed or maintained on the land except as may be approved 
in Mndting by the Secretary of the Army. 
(h) EXCAVATION.—^With respect to lands described in subsection 
(a), (b), or (c), no excavation shall be conducted and no landfill 
placed on the land without approval by the Secretary of the Army 
as to the location and method of excavation or placement of landfill. 
(i) DISCLAIMER.—^Nothing in this section shall deprive any per-
son of any right-of-way, leasehold, or other right, interest, or claim 
which such person may have in the lands described in subsections 
(a), (b), and (c) prior to the date of the enactment of this title. 
(j) TRUST LANDS.—(1) All rights, title, and interest of the United 
States in the improvements £Uid recreation facilities described in 
paragraph (2) are hereby declared to be held in trust by the United 
States for the Three AffiUated Tribes. 
(2) The improvements and facilities referred to in paragraph 
(1) are the Red Butte Bay Public Use Area and the Deepwater 
Bay Public Use Area. The recreation facilities include those facilities 
located both above and below contour elevation 1,860 feet mean 
sea level. 
(3) The improvements and facilities described in this subsection 
are transferred as is and without warranty of any kind, and the 
Corps of Engineers shall have no obligation or responsibility to 
operate, maintain, repair, or replace any of such improvements 
or facilities. Operation and maintenance of the improvements and 
recreational facilities in this subsection shall be the responsibility 
of the Department of the Interior. 
SEC. 3
6
0
9
. TRANSFER OF 
LANDS 
AT 
OAHE 
DAM AND 
LAKE 
PROJECT. 
(a) FORMER TRIBAL LANDS.—(1) Except as provided in sub-
section (i), the Secretary of the Army shall transfer administrative 
jurisdiction over the lands described in paragraph (2) (including 
the improvements thereon) to the Secretary of the Interior to be 
administered as set out in subsection (c). 
(2) The lands referred to in paragraph (1) are those Federal 
lands which were acquired from the Standing Rock Sioux Tribe 
by the United States for the Oahe Dam Reservoir Project pursuant 
to the Act of September 2,1958 (Public Law 85-915), and— 
(A) which extend southerly from the south shore of Cannon-
ball River, in Sioux County, North Dakota, to a point along 
the boundary between the Standing Rock and Cheyenne River 
Indian Reservations, in Dewey County, South Dakota; and 
(B) which are located at or above contour elevation one 
thousand six hundred and twenty feet mean sea level. 
(b) FORMER NONTRIBAL LANDS.—(1) Except as provided in sub-
section (i), the Secretary of the Army shall transfer administrative 
jurisdiction over the lands described in paragraph (2) (including 
PUBLIC LAW 102-575—(XT. 30, 1992 
106 STAT. 4737 
the improvements thereon) to the Secretary of the Interior to be 
administered as set out in subsection (c). 
(2) The lands referred to in paragraph (1) are those Federal 
lands acquired from individual Indian owners by the United States 
for the Oahe Dam and Reservoir Project pursuant to the Act of 
September 2, 1958 (Public Law 85-915), and firom non-Indian own-
ers (either by purchase or condemnation), and 
(A) which extend southerly from the south shore of the 
Cannonball River, in Sioux County, North Dakota to a point 
along the boundary between the Standing Rock and Cheyenne 
River Indian Reservations, in Dewey County, South Dakota; 
and 
(B) which are located at or above contour elevation one 
thousand six hundred and twenty feet mean sea level. 
(c) RIGHT OF FIRST REFUSAL.—<1) The Secretary of the Interior 
shall, within one year following the date of the enactment of this 
title, offer to the Standing Rock Sioux Tribe, and to such individual 
Indian owners and non-Indian owners from whom such lands were 
acquired, or their heirs or assigns, a right of first refusal, for 
a period to be determined b^ the Secretary of the Interior not 
to exceed twelve months following notice of the offer to the Standing 
Rock Sioux Tribe, owners, heirs or assigns, to purchcise at fair 
market value any land, in the case of the Standing Rock Sioux 
Tribe, described in subsection (a), and in the case of individual 
Indian and non-Indian owners, described in subsection (b), which 
was so acquired. If any such owner, or his or her heirs or assigns, 
refuses or fails to exercise their right to repurchase, an option 
to purchase such lands shall be afforded to the Standing Rock 
Sioux Tribe. 
(2) Lands purchased from the Secretary of the Interior by 
such former owners, or their heirs or assigns, imder this subsection 
shall not be sold by the former owners, their heirs or assigns, 
within the five-year period following such purchase, unless the 
Standing Rock Sioux Tribe has been afforded a right of first refiisid 
to purchase such lands. Such right of first refusal shall afford 
the Tribe— 
(A) thirty days from such notification to inform the prospec-
tive seller whether the Tribe intends to exercise its right of 
first refusal to purchase such lands at the price of the bona 
fide ofier, and 
(B) one year from such notification to complete the purchase 
of such lands under its right of first refusal. 
(d) CONSIDERATION.—In consideration for the transfer of the 
lands described above, the Secretary of the Interior, or his designee, 
shall be responsible for determining the location of contour elevation 
one thousand six himdred and twenty feet mean sea level by survey-
ing and monumenting such contour at intervals no greater than 
five hundred feet. The survey and monumentation shall be com-
pleted within two years after the date of the enactment of this 
title. 
(e) RESERVATIONS.—The United States hereby reserves the 
S
erpetual right, power, privilege and easement permanently to over-
ow, flood, submerge, saturate, percolate and erode the land 
described in subsections (a) and (b) in connection with the operation 
and maintenance of the Oahe Dam and Lake Project, as authorized 
by the Act of Congress approved December 22, 1944, and the 
continuing right to clear and remove any brush, debris and natural 
106 STAT. 4738 
PUBLIC LAW 102-575—OCT. 30, 1992 
obstructions which, in the opinion of the Secretary of the Army 
may be detrimental to the Project. The Standing Rock Sioux Tribe, 
and the owners or their heirs and assigns, who reacquired any 
such lands pursuant to this title, may exercise all other rights 
and privileges on the land except for those rights and privileges 
which would interfere with or abridge the rights and easement 
hereby reserved. 
(6 PROHIBITIONS.—^With respect to lands described in this sec-
tion that are below one thousand six hundred and twenty feet 
mean sea level, no structures for hiunan habitation shall be con-
structed or maintained on the land and no other structures shall 
be constructed or maintained on the land except as may be approved 
in writing by the Secretary of the Army. 
(g) EXCAVATION.—^With respect to lands described in subsections 
(a) or (b), no excavation shall be conducted and no landfill placed 
on the land without approval by the Secretary of the Army as 
to the location and method of excavation or placement of landfill. 
(h) DISCLAIMER.—^Nothing in this section shall deprive any 
person of any right-of-way, leasehold, or other right, interest, or 
claim which such person may have in the lands described in sub-
sections (a) and (b) prior to the date of the enactment of this 
title. 
(i) TRUST LANDS.—(1) All rights, title and interest of the United 
States in the improvements and recreation facilities described in 
paragraph (2) are hereby declared to be held in trust by the United 
States for the Standing Rock Sioux Tribe. 
(2) The improvements and facilities referred to in paragraph 
(1) are the levee around the City of Fort Yates, Nortn Dakota, 
and the recreation facilities located at the Fort Yates Recreation 
Area, the Walker Bottoms Recreation Area, and the Grand River 
Recreation Area, including those recreation facilities located both 
above and below contour elevation one thousand six hundred and 
twenty feet mean sea level. 
(3) The improvements and facilities described in this subsection 
are transferred as is and without warranty of any kind, and the 
Corps of Engineers shall have no obligation or responsibility to 
operate, maintain, repair or replace any of such improvements 
or facilities. Operation and maintenance of the improvements and 
recreational facilities in this subsection shall be the responsibility 
of the Department of the Interior. 
(j) EXCEPTION.—^Notwithstanding subsection (i), the transfer 
of such improvements and facilities pursuant to subsection (i) does 
not include the improvements and facilities located at the Indian 
Memorial Recreation Area and the Grand River Fish Spawning 
Station, unless and imtil the State of South Dakota consents in 
writing and then only upon amendment of the "Agreement Between 
the United States and the State of South Dakota for Recreation 
and Fish and Wildlife Development at Lake Oahe, South Dakota" 
entered into on September 2, 1983, which amendment shall specifi-
cally provide for such transfer. 
(k) FISH AND WILDLIFE.—^Notwithstanding any other provision 
of law, the lands transferred imder subsection (a) which, prior 
to the date of enactment of this title, were designated by the 
Corps of Engineers as mitigation lands for purposes of fish and 
wildlife conservation in accordance with the Fish and Wildlife 
Conservation Act of 1958, shall be included in any subsequent 
determination of the Corps* compliance with the fish and wildlife 
mitigation requirements of the Fish and Wildlife Conservation Act 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4739 
of 1958. The Standing Rock Sioux Tribe shall use its best efforts 
to conduct fish and wildlife conservation and mitigation on such 
lands. Notwithstanding the provisions of the Fish and Wildlife 
Conservation Act of 1958, the State of South Dakota shall have 
no claim, right, or cause of action pursuant to Federal law to 
compel designation of additional lands currently imder the jurisdic-
tion of the Corps of Engiineers, for purposes of fish and wildlife 
conservation in lieu of the lands transferred by subsection (a). 
SEC. 3510. CONFORMING AMENDMENT. 
Section 10(aX2) of Public Law 89-108 is amended by striking 79 Stat. 433. 
"$67,910,000" and inserting "$7,910,000." 
SEC. 3611. AUTHORIZATION. 
There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of section 3504 of this 
title. 
TITLE XXXVI—SONOMA BAYLANDS WETLAND 
DEMONSTRATION PROJECT, CALIFORNIA 
SEC. 3601. SONOMA BAYLANDS WETLAND DEMONSTRATION PROJECT. 
(a) IN GENERAL.—^The Secretary of the Army is directed to 
develop and carry out in accordance with this section a three 
hundred and twenty-acre Sonoma Baylands wetland demonstration 
project in the San Francisco Bay-Delta estuary, California. The 
project shall utilize dredged material suitable for aquatic disposal 
to restore, protect, and expand the Sonoma Baylands for the pur-
poses of preserving watenowl, fish, and other wetland depenaent 
species of plants and animals and to provide flood control, water 
quality improvement, and siedimentation control. 
(b) ADDITIONAL PROJECT PURPOSES.—In addition to the pur-
poses described in subsection (a), the purposes of the project under 
this section are to restore tidal wetlands, provide habitat for endan-
gered species, expand the feeding and nesting areas for waterfowl 
along the Pacific flyway, and demonstrate the use of suitable 
dredged material as a resource, facilitating the completion of Bay 
Area dredging projects in an environmentally sound manner. 
(c) PLAN.— 
(1) GENERAL REQUIREMENT.—The Secretary, in cooperation 
with appropriate Federal and State agencies, and in accordance 
with applicable Federal and State environmental laws, shall 
develop in accordance with this subsection a plan for 
implementation of the Sonoma Baylands project under this 
section. 
(2) CONTENTS.—^The plan shall include initial design and 
engineering, construction, general implementation and site 
monitoring. 
(3) TARGET DATES.— 
(A) FIRST PHASE.—^The first phase of the plan for final 
design and engineering shall be completed within six 
months of the date of the enactment of this Act. 
(B) SECOND PHASE.—^The second phase of the plan, 
including the construction of on-site improvements, shall 
be completed within ten months of the date of the enact-
ment of this Act. 
106 STAT. 4740 
PUBLIC LAW 102-575—OCT. 30, 1992 
Contracts. 
San Carlos 
Apache Tribe 
Water Rights 
Settlement Act 
of 1992. 
Contracts. 
Claims. 
(C) THIRD PHASE.—The third phase of the plan, includ-
ing dredging, transportation, and placement of material, 
shall be started no later than July 1,1994. 
(D) FOURTH PHASE.—The final phase of the plan shall 
include monitoring of project success and function and 
remediation if necessary. 
(d) 
NON-FEDERAL PARTICIPATION.—Any work undertaken 
pursuant to this title shall be initiated only after non-Federal 
interests have entered into a cooperative agreement according to 
the provisions of section 221 of the Flood Control Act of 1970. 
The non-Federal interests shall agree to: 
(1) provide 25 percent of the cost associated with the 
project, including provision of all lands, easements, rights-of-
way, and necessary relocations; and 
(2) pay 100 percent of the cost of operation, maintenance, 
replacement, and rehabilitation costs associated with the 
project. 
(e) REPORTS TO CONGRESS.—The Secretanr shall report to Con-
gress at the end of each of the time periods referred to in subsection 
(cK3) on the progress being made toward development and 
implementation of the project under this section. 
(D AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $15,000,000 for carrying out this section for 
fiscal years beginning afler September 30, 1992. Such sums shall 
remain available until expended. 
TITLE XXXVII—SAN CARLOS APACHE TRIBE WATER 
RIGHTS SETTLEMENT, ARIZONA 
SEC. 3701. SHORT TITLE. 
This title may be cited as the "San Carlos Apache Tribe Water 
Rights Settlement Act of 1992". 
SEC. 3702. CONGRESSIONAL FINDINGS. 
(a) SPECIFIC FINDINGS.—The Congress finds and declares that— 
(1) it is the policy of the United States, in fulfillment 
of its trust responsibility to Indian tribes, to promote Indian 
self-determination and economic self-sufiiciency, and to settle, 
wherever possible, the water rights claims of Indian tribes 
without lengthy and costly litigation; 
(2) meaningful Indian self-determination and economic self-
sufiiciency depend on the development of viable Indian reserva-
tion economies; 
(3) qualification of rights to water and development of 
facilities needed to utilize tribal water supplies effectively is 
essential to the development of viable Indian reservation econo-
mies, particularly in arid western States; 
(4) on November 9, 1871, and by actions subsequent there-
to, the United States Government established a reservation 
for tiie San Carlos Apache Tribe in Arizona; 
(5) the United States, as trustee for the San Carlos Apache 
Tribe, obtained water entitlements for the Tribe pursuant to 
the Globe Equity Decree of 1935; however, continued 
uncertainty as to the full extent of the Tribe's entitlement 
to water has severely limited the Tribe's access to water and 
financial resources necessary to develop its valuable agricul-
tural lands and frustrated its efforts to reduce its dependence 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4741 
on Federal program funding and achieve meaningful self-deter-
mination and self-sufilciency; 
(6) proceedings to determine the full extent and nature 
of the Tribe's water rights are currently pending before the 
United States District Court in Arizona and in the Superior 
Court of the State of Arizona in and for Maricopa County, 
as part of the Greneral Ac|judication of the Gila River System 
and Source; 
(7) recognizing that final resolution of pending litigation 
will take many years and entail great expense to all parties, 
continue economically and socially damaging limits to the 
IVibe's access to water, prolong uncertainty as to the availabil-
ity of water supplies and seriously impair the long-term eco-
nomic planning and development of all parties, the Tribe and 
its neighboring non-Indian communities have sought to settle 
their dispute to water and reduce the burdens of litigation; 
(8) after lengthy negotiations, which included participation 
by representatives of the United States Government, the Tribe, 
and neighboring non-Indian communities of the Salt River and 
Gila River Valleys, who are all party to the General Adjudica-
tion of the Gila River System and Source, the parties are 
prepared to enter into an Agreement to resolve all water rights 
claims between and among themselves, to quantify the Tribe's 
entitlement to water, and to provide for the orderly development 
of the Tribe's lands; 
(9) pursuant to the Agreement, the neighboring non-Indian 
communities will relinquish claims to approximately fifty-eight 
thousand seven hundred and thirty-five acre-feet of surface 
water to the Tribe, provide the means of storing water supplies 
of the Tribe behind Coolidge Dam on the Gila River in Arizona 
to enhance fishing, recreation, and other environmentel bene-
fits, and make substantial additional contributions to carry 
out the Agreement's provisions; and 
(10) to advance the goal of Federal Indian policv and to 
fulfill the trust responsibility of the United Stetes to the Tribe, 
it is appropriate that the United Stetes participate in the 
implementetion of the Agreement and contrioute funds for the 
rehabilitetion and expansion of existing reservation irrigation 
facilities so as to enable the Tribe to utilize fully ite water 
resources in developing a diverse, efficient reservation economy, 
(b) PURPOSES OF TITLE.—It is the purpose of this title— 
(1) to approve, ratify, and confirm the Agreement to be 
entered into by the Tribe and ite neighboring non-Indian 
communities, 
(2) to authorize and direct the Secretary of the Interior 
to execute and perform such Agreement, and 
(3) to authorize the actions and appropriations necessary 
for the United Stetes to fulfill ite legal and trust obligations 
to the Tribe as provided in the Agreement and this title. 
SEC. 3703. DEFINITIONS. 
For purposes of this title: 
(1) Active conservation capacity" means that storage space, 
exclusive of bank storage, available to store water which can 
be released through existing reservoir outlet works. 
(2) "Agreement" means that agreement among the San 
Carlos Apache Tribe; the United Stetes of America; the Stete 
106 STAT. 4742 
PUBLIC LAW 102-575—OCT. 30, 1992 
of Arizona; the Salt River Project Agricultural Improvement 
and Power District; the Salt River Valley Water Users' Associa-
tion; the Roosevelt Water Conservation District; the Arizona 
cities of Chandler, Glendale, Globe, Mesa, SafTord, Scottsdale 
and Tempe, the town of Gilbert; Buckeye Water Conservation 
and Drainage District, Buckeye Irrigation Company, the Phelps 
Dodge Corporation and the Central Arizona Water Conservation 
District, together with all exhibits thereto, as the same is 
executed by the Secretary of the Interior pursuant to sections 
3710(c) and 3711(aX7) of this title. 
(3) "CAP" means the Central Arizona Project, a reclamation 
project authorized under title III of the Colorado River Basin 
Project Act of 1968 (43 U.S.C. 1521 et seq.). 
(4) "CAWCD" means the Central Arizona Water Conserva-
tion District, organized under the laws of the State of Arizona, 
which is the contractor under a contract with the United States, 
dated December 15, 1972, for the delivery of water and repay-
ment of costs of the Central Arizona Project. 
(5) "Globe Equity Decree" means the decree dated Jime 
29, 1935, entered in the United States of America v. Gila 
Valley Irrigation District, et al.. Globe Equity 59, in the District 
Court of the United States in and for the District of Arizona, 
and all decrees and decisions supplemental thereto. 
(6) "Reservation" means the reservation authorized by the 
Treaty with the Apache Nation dated July 1, 1852 (10 Stat. 
979), established by the Executive orders of November 9, 1871 
and December 14, 1872, as modified by subsequent Executive 
orders and Acts of Congress including the Executive order 
of August 5,1873. 
(7) "RWCD" means the Roosevelt Water Conservation Dis-
trict, an irrigation district organized under the laws of the 
State of Arizona. 
(8) "Secretary" means the Secretary of the Interior. 
(9) "SRP" means the Salt River Project Agricultural 
Improvement and Power District, a political subdivision of the 
State of Arizona, and the Salt River Valley Water Users* 
Association, an Arizona Corporation. 
(10) "SCIP" means the San Carlos Irrigation Project author-
ized pursuant to the Act of Jime 7, 1924 (42 Stat. 475), 
expanded pursuant to the Act of March 7, 1928 (45 Stat. 
200, 210), and administered by the Bureau of Indian Affairs. 
(11) "Tribe" means the San Carlos Apache Tribe, a tribe 
of Apache Indians organized under section 16 of the Indian 
Reorganization Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 
476), and duly recognized by the Secretary. 
SEC. 3704. WATER. 
(a) REALLOCATION OF WATER.—The Secretary shall reallocate, 
for the exclusive use of the Tribe, all of the water referred to 
in subsection (fK2) of section 2 of the Act of October 19, 1984 
(98 Stat. 2698), which is not required for delivery to the Ak-Chin 
Indian Reservation under that Act. The Secretary shall exclude, 
for the purposes of determining the allocation and repa3anent of 
costs of the CAP as provided in Article 9.3 of Contract No. 14-
0906-09W-09245, Amendment No. 1, between the United States 
and CAWCD dated December 1, 1988, and any amendment or 
revision thereof, the costs associated with such water from 
PUBLIC LAW 102-575-OCT. 30, 1992 
106 STAT. 4743 
CAWCD's 
repa3nnent 
obligation 
and 
such 
costs 
shall 
be 
nonreimbursable. 
(b) PARTIAL SATISFACTION OF CLAIMS.—Notwithstanding any 
other provision of this title, in the event the authorizations con-
tained in section 3708(b) do not become effective, the water referred 
to in subsection 3704(a) of this title shall constitute partial satisfac-
tion of the Tribe's claims for water in the proceeding entitled 
"In Re the Greneral Adjudication of All Rights To Use Water in 
the Gila River System and Source", Maricopa County Superior 
Court Nos. W-091, W-092, W-093, and W-094 (consolidated), as 
against the parties identified in section 3703(2) of this title. 
(c) ADDITIONAL ALLOCATIONS.—^The Secretary shall reallocate 
to the Tribe an annual entitlement to fourteen thousand six hundred 
and fifty-five acre-feet of water from the Central Arizona Project 
having a CAP municipal and industrial priority, which the Secretary 
previously allocated to Phelps Dodge Corporation in the Notice 
of Final Water Allocations to Indian and Non-Indian Water Users 
and Related Decisions, dated March 24, 1983 (48 F.R. 12446 et 
seq.). TTie Tribe shall pay the United States or, if directed by 
the Secretary, CAWCD, all operation, maintenance and replacement 
costs associated with such (JAP water. Except as provided in sub-
section (eX3) of section 3706, water service capital charges, or 
any other charges or payments for such CAP water other than 
operation, 
maintenance 
and 
replacement 
costs 
shall 
be 
nonreimbursable. The Secretary shall exclude, for the purposes 
of determining the allocation and repayment of costs of the CAP 
as provided in Article 9.3 of Contract No. 14-0906-09W-09245, 
Amendment No. 1, between the United States and CAWCD dated 
December 1, 1988, and any amendment or revision thereof, the 
costs associated with such water from CAWCD's repajrment obliga-
tion and such costs shall be nonreimbursable. 
(d) ADDITIONAL ALLOCATIONS.—The Secretary shall reallocate 
to the Tribe an annual entitlement to three thousand four hundred 
and eighty acre-feet of water from the Central Arizona Project 
having a CAP municipal and industrial priority, which the Secretary 
previously allocated to the city of Globe, Arizona, in the Notice 
of Final Water Allocations to Indian and Non-Indian Water Users 
and Related Decisions, dated March 24, 1983 (48 F.R. 12466 et 
seq.). The Tribe shall pay the United States or, if directed by 
the Secretary, CAWCD, all operation, maintenance and replacement 
costs associated with such CAP water. Except as provided in sub-
section (eX3) of section 3706, water service capital charges, or 
any other charges or payments for such CAP water other than 
operation, 
maintenance 
and 
replacement 
costs 
shall 
be 
nonreimbursable. The Secretary shall exclude, for the purposes 
of determining the allocation and repayment of costs of the CAP 
as provided in Article 9.3 of Contract No. 14-0906-09W-09245, 
Amendment No. 1, between the United States and CAWCD dated 
December 1, 1988, and any amendment or revision thereof, the 
costs associated with such water from CAWCD's repayment obliga-
tion and such costs shall be reimbursable. 
(e) 
WATER 
STORAGE 
POOL.—Notwithstanding 
the 
Act 
of 
June 7, 1924 (43 Stat. 475), as amended by the Act of March 
7, 1928 (45 Stat. 200, 210), in order to permit the Tribe to maintain 
permanently a pool of stored water for fish, wildlife, recreation 
and other purposes, the Secretary shall designate for the benefit 
of the Tribe such active conservation capacity behind Coolidge Dam 
106 STAT. 4744 
PUBLIC LAW 102-575—OCT. 30, 1992 
on the Gila River in Arizona as is not being used by the Secretary 
to meet the obligations of SCIP for irrigation storage, except that 
any water stored by the Tribe shall be the first water to spill 
("spill water") from Coolidge Dam. The water stored by the Tribe 
shall be, at the Tribe's designation, the water provided to the 
Tribe pursuant to subsections (a), (c) and (d) of this section, its 
entitlement of twelve thousand and seven hundred acre-feet of 
water imder its Tribal CAP Delivery Contract dated December 
11,1981; the water referred to in section 3710(f), or any combination 
thereof. A pro rata share of evaporation and seepage losses shall 
be deducted daily from the Tribe's stored water balance as provided 
in the Agreement. The Tribe shall pay an equitable share of the 
operation and maintenance costs for the water stored for the benefit 
of the Tribe, subject to the Act of July 1, 1932 (47 Stat. 564, 
25 U.S.C. 386 et seq.). The water stored by the Tribe pursuant 
to this subsection shall not be subject to apportionments pursuant 
to Article VIII (2) of the Globe Equity Decree. Not later than 
January 31 of each year, the Secretary shall notify the United 
States District Court for the District of Arizona of the Tribe's 
stored water balance as of January 1 of that year. The Secretary 
shall notify said Court of the Tribe's stored water balance at least 
once per calendar month and at such more frequent intervals as 
conditions, in the Secretar^s judgment, may require. 
(f) EXECUTION OF AGREEMENT.—The Secretary shall execute 
the Agreement which establishes, as between and among the parties 
to Agreement, the Tribe's permanent right, except as provided 
in paragraphs 13.0, 14.0 and 15.0 of the Agreement, to the on-
reservation diversion and use of all ground water beneath the 
Tribe's Reservation, subject to the management plan referred to 
in section 3710(d) of this title, and all surface water in all tributaries 
within the Tribe's Reservation to the mainstreams of: The Black 
River, the Salt River below its confluence with the Black River, 
the San Pedro River and the Gila River, including the right, except 
as provided in paragraphs 14.0 and 15.0 of the Agreement, to 
fully regulate and store such water on the tributaries. The Tribe's 
rights to the mainstream of Black River, San Pedro River and 
the Gila River shall be as provided in the Agreement and the 
Globe Equity Decree. With respect to parties not subject to the 
waiver authorized by subsection 3708(b) of this title, the claims 
of the Tribe and the United States, as trustee for the Tribe, are 
preserved. 
(g) GILA RIVER EXCHANGES.—Any exchange pvirsuant to this 
legislation of Gila River water for water supplied by the CAP 
shall not amend, alter or conflict with the exchanges authorized 
by section 304(f) of the Colorado River Basin Project Act (43 U.S.C. 
1524(0). 
SEC. 3705. RATIFICATION AND CONFUtMATION OF CONTRACTS. 
(a) RATIFICATION OF CONTRACT.—^Except as provided in section 
3710(i), the contract between the SRP and RWCD District dated 
October 24, 1924, together with all amendments thereto and any 
extension thereto entered into pursuant to the Agreement, is rati-
fied, confirmed, and declared to be valid. 
(b) SUBCONTRACT.—^The Secretory shall revise the subcontract 
of the Roosevelt Water Conservation District for agricultural water 
service from the CAP to include an addendum substantially in 
the form of exhibit "A" to the 'Agreement and to execute the sub-
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4745 
contract as revised. Notwithstanding any other provision of law, 
the Secretary shall approve the conversions of agricultural water 
to municipal and industrial uses authorized by the addendum at 
such time or times as the conditions authorizing such conversions, 
as set forth in the addendum, are found to exist. 
(c) RESTRICTIONS.—The lands within RWCD and SRP shall 
be free from the ownership and full cost pricing limitations of 
Federal reclamation law and from all full cost pricing provisions 
of Federal law. 
(d) DISCLAIMER.—No person, entity or lands shall become sub-
ject to the provisions of the Reclamation Reform Act of 1982 (43 
U.S.C. 390aa et seq.) or any full cost pricing provision of Federal 
law by virtue of their participation in the settlement or their execu-
tion and performance of the Agreement, or the use, storage or 
deUvery of CAP water pursuant to a lease, sublease or exchange 
of water to which the Tribe is entitled under this title. 
(e) FULL COST PRICING PROVISIONS.—The lands within the 
Tribe's Reservation shall be free from all full cost pricing provisions 
of Federal law. 
(f) CERTAIN EXTENSIONS AUTHORIZED.—Notwithstanding any 
other provision of law or any other provision of this title, the 
Secretary, subject to tribal approval, is authorized and directed 
to: extend the term of that right-of-way permit granted to Phelps 
Dodge Corporation on March 8, 1950, and all amendments thereto, 
for the construction, operation and maintenance of an electrical 
transmission line and existing road for access to those facilities 
over the lands of the Tribe; extend the term of that right-of-way 
B
^rmit nimibered 2000089 granted on July 25, 1944, to Phelps 
odge Corporation, and all amendments thereto, for the construc-
tion, use, operation and maintenance of a water plant, pipeline, 
canal, water flowage easement through Willow Creek and existing 
road for access to those facilities over the lands of tlie TVibe; 
and grant a water flowage easement through the portions of Eagle 
Creek flowing through the Tribe's Reservation. Notwithstandmg 
any other provision of law, each such right-of-way and flowage 
easement shall be for a term expiring on March 8, 2090, and 
shall be subject to the right of Phelps Dodge to renew the rights-
of-way and flowage easements for an additional term of up to 
one hundred years, subject to payment of rental at a rate based 
upon fair market retail value. 
SEC. 3706. WATER DELIVERY CONTRACT AMENDMENTS; WATER 
LEASE, WATER WITHDRAWAL. 
(a) AMENDMENT OF CONTRACT.—The Secretary shall amend 
the CAP water delivery contract between the United States and 
the Ak-Chin Indian Commimity dated December 11, 1980, and 
the contract between the United States and the Ak-Chin Indian 
Community dated October 2, 1985, as is necessary to satisfy the 
requirements of section 3704(a) of this title. 
(b) CONTRACT AMENDMENT.—The Secretary shall amend the 
CAP water delivery contract between the United States and the 
Tribe dated December 11, 1980 (hereinafter referred to as the 
"Tribal CAP Delivery Contract"), as follows: 
(1) To include the obligation by the United States to deliver 
water to the Tribe upon the same terms and conditions set 
forth in the Tribal CAP Delivery Contract as follows: water 
from those sources described in subsections (a), (c), and (d) 
106 STAT. 4746 
PUBLIC LAW 102-575—OCT. 30, 1992 
of section 3704 of this title; except that the water reallocated 
pursuant to such subsections shall retain the priority such 
water had prior to its reallocation. The cost to the United 
States to meet the Secretary's obligation to design and construct 
new facilities to deliver CAP water shall not exceed the cost 
of construction of the delivery and distribution system for the 
twelve thousand and seven hundred acre-feet of CAP water 
originally allocated to the Tribe. 
(2) To extend the term of such contract to December 31, 
2100, and to provide for its subsequent renewal upon the same 
terms and conditions as the Tribal CAP Delivery Contract, 
as amended. 
(3) To authorize the Tribe to lease or to enter into an 
option or options to lease the water to which the Tribe is 
entitled under the Tribal CAP Delivery Contract, as amended, 
within Maricopa, Pinal and Pima Coiuities for terms not exceed-
ing one hundred years and to renew such leases. 
(4) To authorize the Tribe to lease water to which the 
Tribe is entitled under the Tribal CAP Delivery Contract, as 
amended, to the ciW of Scottsdale under the terms and condi-
tions of the Water Lease set forth in Exhibit "B" to the Agree-
ment. 
(5) To authorize the Tribe to lease water to which the 
Tribe is entitled imder the Tribal CAP Delivery Contract, as 
amended, including, but not limited to, the cities of Chandler, 
Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Tempe 
and the town of Gilbert. 
(c) APPROVAL OF AMENDMENTS.—Notwithstanding any other 
provision of law, the amendments to the Tribal CAP Delivery Con-
tract set forth in Exhibit "C to the Agreement are hereby author-
ized, approved and confirmed. 
(d) CHARGES NOT TO BE IMPOSED.—The United States shall 
not impose upon the Tribe the operation, maintenance and replace-
ment charges described and set forth in section 6 of the Tribal 
CAP Delivery Contract or any other charge with respect to CAP 
^ water delivered or required to be delivered to the lessee or lessees 
of the options to lease or leases herein authorized. 
(e) WATER LEASE.—^Except as provided in paragraph (3) of 
this subsection, any Water Lease entered into oy the Tribe as 
authorized by section 3706 shall specifically provide that— 
(1) the lessee shall pay all operation, maintenance and 
replacement costs of such water to the United States, or if 
directed by the Secreterv, to CAWCD; 
(2) except as provided in paragraph (3) of this subsection, 
the lessee shall not be obligated to pay water service capital 
charges or municipal and industrial subcontract charges or 
any other charges or payment for such CAP water other than 
the operation, maintenance and replacement coste and lease 
payments; and 
(3) with respect to the water reallocated to the Tribe pursu-
ant to subsections (c) and (d) of section 3704, the Tribe or 
lessee shall pay any water service capitel charges or mimicipal 
and industrial subcontract charges for any water use or lease 
from the effective date of this title through September 30, 
1995. 
(f) ALLOCATION AND REPAYMENT OF COSTS.—For the purpose 
of determining allocation and repayment of costs of the CAP as 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4747 
provided in Article 9.3 of Contract Numbered 14-0906-09W-09245, 
Amendment No. 1, between the United States of America and 
CAWCD dated December 1, 1988, and any amendment or revision 
thereof, the costs associated with the delivery of water to which 
the Tribe is entitled under the Tribal Delivery Contract, as amend-
ed, to the lessee or lessees of the options to lease or leases herein 
authorized shall be nonreimbursable, and such costs shall be 
excluded jfrom CAWCD's repayment obligation. 
(g) AGREEMENTS.—^The Secretary shall, in consultation with 
the Tribe, enter into agreements necessary to permit the Tribe 
to exchange, within the State of Arizona, all or part of the water 
available to it under its Tribal CAP Delivery Contract, as amended. 
(h) RATIFICATION.—As among the parties to the Agreement, 
the right of the city of Globe to withdraw and use water from 
imder the Cutter subarea under the Agreement, as limited and 
conditioned thereunder, is hereby ratified and confirmed. 
(i) USE OF WATER.—As among the parties to the Agreement, 
the right of the city of Safford to withdraw and use water from 
the Bonita Creek watershed as provided in the Agreement, as 
limited and conditioned thereunder, is hereby ratified and con-
firmed. 
(j) WITHDRAWAL AND USE OF WATER.—AS between the Tribe 
and Phelps Dodge, the right of Phelps Dodge to divert, withdraw 
and use water as provided in the Agreement, as limited and condi-
tioned thereunder, is hereby ratified and confirmed. 
(k) PROHIBITIONS.—Except as authorized by this section, no 
water made available to the Tribe pursuant to the Agreement, 
the Globe Equity Decree, or this title may be sold, leased, trans-
ferred or in any way used off the Tribe's Reservation. 
SEC. 3707. CONSTRUCTION AND REHABILITATION; TRUST FUND. 
(a) DUTIES.— 
(1) The Secretary is directed, pursuant to the existing 
authority of the Colorado River Basin Project Act (43 U.S.C. 
1501 et. seq.), to design and construct new facilities for the 
delivery of 12,700 acre-feet of CAP water originally allocated 
to the Tribe to tribal reservation lands at a cost which shall 
not exceed the cost for such design and construction which 
would have been incurred by the Secretary in the absence 
of the A^eement and this title; 
(2) The Secretory of Commerce is directed to amend the 
contract between the United Stotes Economic Development 
Administration and the Tribe relating to the construction of 
Elgo Dam on the San Carlos Apache Indian Reservation, Project 
No. 07-0981-09000210, to provide that all remaining repay-
ment obligations owing to the United Stotes on the date of 
the enactment of this title are discharged. 
(b) FUND.—^There is estoblished in the Treasury of the United 
Stotes a fund to be known as the "San Carlos Apache Tribe Develop-
ment Trust Fund" (hereinafter called the "Fund") for the exclusive 
use and benefit of the Tribe. The Secretary shall deposit into 
the Fund the funds authorized to be appropriated in subsection 
(c) and the $3,000,000 provided by the Stote of Arizona pursuant 
to the Agreement. There shall be deposited into the Fimd any 
monies psdd to the Tribe or to the Secretory on behalf of the 
Tribe from leases or options to lease water authorized by section 
3706 of this title. Such sums shall be invested in interest-bearing Securities. 
106 STAT. 4748 
PUBLIC LAW 102-575—OCT. 30, 1992 
deposits and securities in accordance with the Act of June 24, 
1938 (25 U.S.C. 162(a)). 
(c) AUTHORIZATION.—^There are authorized to be appropriated 
$38,400,000 in fiscal year 1994, together with interest accruing 
thereon beginning one vear from the date of enactment of this 
title at rates determined by the Secretary of the Treasury, taking 
into consideration the average market yield on outstanding Federal 
obligations of comparable maturity, to carry out the provisions 
of subsection (b). 
(d) USE OF FUND.—^When the authorizations contained in sec-
tion 3708(b) of this title are effective, the principal of the Fund 
and any interest or income accruing thereon may be used by the 
Tribe to put to beneficial use the Tribe's water entitlement, to 
defray the cost to the Tribe of CAP operation, maintenance and 
replacement charges as appropriate, and for other economic and 
community development purposes. The income from the Fund shall 
be distributed by the Secretary to the San Carlos Apache Tribe 
only upon presentation to the Secretary of a certified copy of a 
duly enacted Resolution of the Tribal Council requesting distribu-
tion and a written budget approved by the Tribal Council. Such 
income may thereafter be expended only in accordance with such 
budget. Income not distributed shall be added to principal. The 
principal from the Fund may be distributed by the Secretary to 
the San Carlos Apache Tribe only upon presentation to the Sec-
retary of a certified copy of a duly enacted Resolution of the Tribal 
Council requesting distribution and a written budget approved by 
the Tribal Council and the Secretary. Such principal may thereafter 
be expended only in accordance with such budget: Provided, how-
ever, That the principal may only be utilized for long-term economic 
development projects. In approving a budget for the distribution 
of income or principal, the Secretary shall, in accordance with 
regulations promulgated pursuant to subsection (e) of this section, 
be assured that methods exist and will be employed to ensure 
that use of the funds shall be in accordance with the approved 
budget. 
(e) REGULATIONS.—^The Secretary shall, no later than thirty 
days after the date the authorizations contained in section 3708(b) 
are effective, promulgate regulations necessary to carry out the 
purposes of subsection (d). 
(f) DISCLAIMER.—The United States shall not be liable for any 
claim or cause of action arising from the Tribe's use or expenditure 
of moneys distributed from the Fund. 
SEC. 3708. SATISFACTION OF CLAIMS. 
(a) FULL SATISFACTION OF CLAIMS.—Except as provided in sub-
section (e) of this section, the benefits realized by the Tribe and 
its members under this title shall constitute full and complete 
satisfaction of all members' claims for water rights or injuries 
to water rights under Federal, State, and other laws (including 
claims for water rights in ground water, surface water, and effluent) 
firom time immemorial to the effective date of this title. Notwith-
standing the foregoing, nothing in this title shall be deemed to 
recognize or establish any right of a member of the Tribe to water 
on the Tribe's Reservation. 
(b) RELEASE.—^The Tribe, on behalf of itself and its members, 
and the Secretary on behalf of the United States, are authorized, 
as part of the pertbrmance of the obligations under the Agreement, 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4749 
to execute a waiver and release, except as provided in the Agree-
ment, of all claims of water rights or injuries to water rights 
(including water rights in ground water, surface water and effluent), 
from time immemorial to the efTective date of this title, and any 
and all future claims of water rights (including water rights in 
ground water, surface water and effluent), from and after the effec-
tive date of this title, which the Tribe and its members may have, 
against the United States, the State of Arizona or any agency 
or political subdivision thereof, or any other person, corporation, 
or municipal corporation, arising under the laws of the United 
States, the State of Arizona or otherwise. 
(c) ADDITIONAL RELEASES.—Except as provided in the Agree-
ment, the United States shall not assert any claim against the 
State of Arizona or any political subdivision thereof, or any person, 
corporation or municipal corporation, arising under the laws of 
the United States, the State of Arizona or otherwise in its own 
right or on behalf of the Tribe based upon— 
(1) water rights or injuries to water rights (including water 
rights in ground water, surface water and effluent) of the 
Tnbe and its members, or 
(2) water rights or injuries to water rights (including water 
rights in groimd water, surface water and effluent) held by 
the United States on behalf of the Tribe and its members. 
(d) SAVINGS PROVISION.—In the event the authorizations con-
tained in subsection (b) of this section do not become effective 
pursuant to section 3711(a), the Tribe and the United States shall 
retain the right to assert past and future water rights claims 
as to all Reservation lands. 
(e) DISCLAIMER.—^Nothing in this title shall affect the water 
right or claims related to the San Carlos Apache Allotments outside 
the exterior boimdaries of the Reservation. 
(f) CLAIMS.—(1) The United States District Court for the Dis-
trict of Arizona and the United States Claims Court are authorized 
to hear and decide any claim brought by the Central Arizona 
Water Conservation District or other contractors of CAP water. 
Any such claim shall be filed within two years of the date of 
enactment of this Act, and shall be heard by the court on an 
expedited basis. If such a claim is filed and the court grants judg-
ment for the plaintiff(s), the court shall award such relief as it 
deems proper, and shall award costs and attorneys' fees to the 
plaintiffts). Any judgment of the court shall be subject to appeal 
on the same basis that other judgments of that court are subject 
to review under existing law. 
(2) For purposes of this subsection, "claim" means a claim 
that the reallocation of water to the Tribe pursuant to section 
3704(a) of this Act has unlawfully deprived the Central Arizona 
Water Conservation District or other contractors of CAP water 
of legal rights to such water. 
SEC. 3709. ENVIRONMENTAL COMPLIANCE. 
(a) No MAJOR FEDERAL ACTION.—Execution of the settlement 
agreement by the Secretary as provided for in section 3710(c) shall 
not constitute major Federal action under the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall 
carry out all necessary environmental compliance during the 
implementation phase of this settlement. 
106 STAT. 4750 
PUBLIC LAW 102-575—OCT. 30, 1992 
(b) AUTHORI2JATIONS.—^There are authorized to be appropriated 
such sums as may be necessary to carry out all necessary environ-
mental compliance associated with the settlement under this title, 
including mitigation measures adopted by the Secretary. 
(c) LEAD AGENCY.—^With respect to such settlement, the Bureau 
of Reclamation shall be designated as the lead agency in regard 
to environmental compliance, and shall coordinate and cooperate 
with the other affected Federal agencies as required under 
applicable Federal environmental laws. 
(d) ENVIRONMENTAL ACTS.—The Secretary shall comply with 
all aspects of the National Environmental Policy Act (42 U.S.C. 
4321 et seq.) and the Endangered Species Act (16 U.S.C. 1531 
et seq.), and other applicable Federal environmental Acts and regu-
lations in proceeding through the implementation phase of such 
settlement. 
SEC. 3710. MISCELLANEOUS PROVISIONS. 
(a) WAIVER OF SOVEREIGN IMMUNITY.—In the event any party 
to the Agreement files a lawsuit in any United States district 
court relating only and directly to the interpretation or enforcement 
of this title or the Agreement, naming the United States of America 
or the Tribe as parties, authorization is hereby granted to joining 
the United States of America or the Tribe, or both, in any such 
litigation, and any claim by the United States of America or the 
Tribe to sovereign immunity from such suit is hereby waived. 
(b) CERTAIN CLAIMS PROHIBITED.—The United States of Amer-
ica shall make no claims for reimbursement of costs arising out 
of the implementation of this title or the Agreement against any 
lands within the San Carlos Apache Indian Reservation, and no 
assessment shall be made with regard to such costs against such 
lands. 
(c) APPROVAL OF AGREEMENT.—Except to the extent that the 
Agreement conflicts with the provisions of this title, such Agreement 
is hereby approved, ratified and confirmed. The Secretary shall 
execute and perform such Agreement as approved, ratified and 
confirmed. The Secretary is authorized to execute any amendments 
to the Agreement and perform any action required by any amend-
ments to the Agreement which may be mutually agreed upon by 
the parties. 
(d) GROUND WATER MANAGEMENT PLAN.—The Secretary shall 
estabUsh a groimd water management plan for the San Carlos 
Apache Reservation which, except as is necessary to be consistent 
with the provisions of this title, will have the same effect as a 
management plan developed under Arizona law. 
(e) AMENDMENT TO THE ACT OF APRIL 4, 1938.—The Act of 
April 4, 1938 (52 Stat. 193; 25 U.S.C. 390), is amended by inserting 
immediately before the period at the end thereof a colon and the 
following: "Provided further, That concessions for recreation and 
fish and wildlife purposes on San Carlos Lake may be granted 
only by the governing body of the San Carlos Apache Tril^ upon 
such conditions and subject to such limitations as may be set 
forth in the constitution and bylaws of such Tribe". 
(0 SAN CARLOS RESERVOIR.—^There is hereby transferred to 
the Tribe the Secretary's entitlement of 30,000 acre-feet of water, 
less any evaporation and seepage losses from the date of acquisition 
by the Secretary to the date of transfer, which the Secretary mav 
hiave acquired through substituting CAP water for water to which 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4751 
the Gila River Indian Community and the San Carlos Irrigation 
and Drainage District had a right to be released from San Carlos 
Reservoir and delivered to them in 1990. 
(g) LIMITATION.—No part of the Fund established by section 
3707(b) of this title, including principal and income, or income 
from options to lease water or water leases authorized by section 
3706, may be used to make per capita payments to members of 
the Tribe. 
(h) DISCLAIMER.—^Nothing in this title shall be construed to 
repeal, modify, amend, change or affect the Secretary's obligations 
to the Ak-Chin Indian Commimity pursuant to the Act of 
October 19,1984 (98 Stat. 2698). 
(i) WATER RIGHTS.—^Nothing in this title shall be construed 
to quantify or otherwise affect the water rights, claims or entitle-
ments to water of any Arizona tribe, band or commimity, other 
than the San Carlos Apache Tribe. 
(j) PLANET RANCH.—^The Secretary is authorized and directed 
to acquire, with the consent of and upon terms mutually acceptable 
to the city of Scottsdale ("cit}^) and the Secretary, all of the cit3r*s 
right, title and interest in Planet Ranch located on the Bill Williams 
River in Arizona, including all water rights appurtenant to that 
property, and the city's January 1988 application filed with the 
Arizona Department of Water Resources to appropriate water from 
the Bill Williams River through a land exchange based on fair 
market value. If an exchange is made with land purchased by 
the Bureau of Reclamation for the construction and operation of 
the Central Arizona Project, then, upon commencement of repay-
ment by CAWCD of the reimbursable costs of the Central Arizona 
Project, the fair market value of those l£uids so exchanged shall 
be credited in full against the annual payments due from CAWCD 
imder Article 9.4(a) of Contract No. 14-0906-09W-09245, Amend-
ment No. 1, between the United States and CAWCD dated Decem-
ber 1, 1988, and any amendment or revision thereof, until 
exhausted: Provided, however. That the authorized appropriation 
ceiling of the Central Arizona Project shall not be affected in any 
manner by the provisions of this subsection. 
(k) REPEAL.—Section 304(cX3) of the Colorado River Basin 
Project Act (43 U.S.C. 1524(cX3)) is hereby repealed. This subsection 
does not authorize transportation of water pumped within the exte-
rior boundary of a Federal reclamation project established prior 
to September 30, 1968, pursuant to the Act of June 17, 1902 
(32 Stat. 388; 43 U.S.C. 391), as amended and supplemented, across 
project boundaries. 
(1) WATER RIGHTS.—^Nothing in this title shall be construed 
to affect the water rights or the water rights claims of any Federal 
agency other than the Biu:eau of Indian Affairs on behalf of the 
San Carlos Apache Tribe, nor shall an3rthing in this title be con-
strued to prohibit the United States from confirming in the Agree-
ment, except on behalf of Indian tribes other than the San Carlos 
Apache Tribe, the Gila River and Little Colorado River watershed 
water rights of other parties to the Agreement by making express 
provisions for the same in the Agreement. 
SEC. 3711. EFFECTIVE DATE. 
(a) EFFECTIVE DATE OF AUTHORIZATION.—^The authorization 
contained in section 3708(b) of this title shall become effective 
43 use 1524 
note. 
25 use 390 note. 
Federal 
Register, 
publication. 
59-194 O—93 
7 : QL 3 (Pt. 6) 
106 STAT. 4752 
PUBLIC LAW 102-575—OCT. 30, 1992 
as of the date the Secretary causes to be published in the Federal 
Register a statement of findings that— 
(1) the Secretary has fulfilled the requirements of sections 
3704 and 3706; 
(2) the Roosevelt Water Conservation District subcontract 
for agricultural water service from CAP has been revised and 
executed as provided in section 3705(b); 
(3) the funds authorized by section 3707(c) have been appro-
priated and deposited into the Fund; 
(4) the contract referred to in section 3707(a)(2) has been 
amended; 
(5) the State of Arizona has appropriated and deposited 
into the Fund $3,000,000 as required by the Agreement; 
(6) the stipulations attached to the Agreement as Exhibits 
"D" and "E" have been approved; and 
(7) the Agreement has been modified, to the extent it 
is in conflict with this title, and has been executed by the 
Secretary. 
(b) CONDITIONS.—(1) If the actions described in paragraphs 
(1), (2), (3), (4), (5), (6), and (7) of subsection (a) of this section 
have not occurred by December 31, 1994, subsections (c) and (d) 
of section 3704, subsections (a) and (b) of section 3705, section 
3706, subsections (aX2), (c), (d), and (f) of section 3707, subsections 
(b) and (c) of section 3708, and subsections (a), (b), (c), (d), (e), 
(g), (h), (j)> and (1) of section 3710 of this title, together with 
any contracts entered into pursuant to any such section or sub-
section, shall not be effective on and after the date of enactment 
of this title, and any funds appropriated pursuant to section 3707(c), 
and remaining unobligated and imexpended on the date of the 
enactment of this title, shall immediately revert to the Treasury, 
as general revenues, and any funds appropriated by the State 
of Arizona pursuant to the Agreement, and remaining unobligated 
and imexpended on the date of the enactment of this title, shall 
immediately revert to the State of Arizona. 
(2) Notwithstanding the provisions of paragraph (1) of this 
subsection, if the provisions of subsections (a) and (b) of section 
3705 of this title have been otherwise accomplished pursuant to 
provisions of the Act of October 20, 1988, the provisions of para-
graph (1) of this subsection shall not be construed as affecting 
such subsections. 
TITLE XXXVIII—SAN FRANCISCO WATER RECLAMATION 
AND REUSE DEMONSTRATION PROJECT 
The Secretary of the Interior is authorized and directed to 
undertake a demonstration project in the City and County of San 
Francisco to examine the feasibility and effectiveness of using 
advanced ecologically engineered technology for water reclamation 
and reuse in accordance with the title 22 standards of the California 
Water Code. "Advanced Ecologically Engineered Technology" refers 
to a greenhouse-based, ecologically engineered technology which 
employs highly popiilated pond and marsh ecosystems to produce 
water for reclamation and reuse. One-half of the costs associated 
with implementation of this title shall be borne by the United 
States as a nonreimbursable cost; the other one-half shall be borne 
by the State of California and the City and County of San Frcuicisco. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4753 
TITLE XXXIX—SIPHON REPAIR AND REPLACEMENT 
(a) Congress finds that the prestressed concrete pipe siphons 
installed in the Hayden-Rhodes Aqueduct portion of the Central 
Arizona Project designed and constructed by the Secretary pursuant 
to the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.) 
have been determined to be defective, inadequate and unsuitable 
for aquaduct purposes and must be replaced or substantial repairs 
completed for tiie transfer of the operation of the Project to its 
local sponsors. 
(b) Notwithstanding any other provision of law or contract, 
50 percent of the coste incurred in the repair, modification or 
replacement, together with associated costs, of the Hayden-Rhodes 
Aqueduct siphons at Salt River, New River, Hassayampa River, 
Jackrabbit Wash, Centennial Wash and Aqua Fria River, all fea-
tures of the Central Arizona Project, shall be borne by the United 
States and shall be nonreimbursable and nonretumable and the 
remaining costs shall be allocated to the authorized purposes of 
the project. 
TITLE XL—NATIONAL HISTORIC PRESERVATION ACT 
AMENDMENTS 
SEC. 4001. SHORT TITLE. 
This title may be cited as the '^^ational Historic Preservation 
Act Amendments of 1992". 
SEC. 4002. POUCY. 
Section 2 of the National Historic Preservation Act (16 U.S.C. 
470-1) is amended as follows— 
(1) In paragraph (2) insert ''and in the administration 
of the national preservation program in partnership with 
States, Indian tribes, Native Hawaiians, and local governments" 
afi^er "community of nations". 
(2) In paragraph (6) insert ", Indian tribes and Native 
Hawaiian organizations" after "local governments". 
SEC. 4003. REVIEW OF THREATS TO PROPERTIES. 
Section 101(a) of the National Historic Preservation Act (16 
U.S.C. 470a(a)) is amended by adding the following new paragraph 
at the end thereof: 
"(8) The Secretary shall, at least once every 4 years, in consulta-
tion with the Council and with State Historic Preservation Officers, 
review significant threats to properties included in, or eligible for 
inclusion on, the National Register, in order to— 
"(A) determine the kinds of properties that may be threat-
ened; 
"(B) ascertain the causes of the threats; and 
"(C) develop and submit to the President and Congress 
recommendations for appropriate action.". 
SEC. 4004. STATE HISTORIC PRESERVATION PROGRAMS. 
Section 101(b) of the National Historic Preservation Act (16 
U.S.C. 470a(b)) is amended as follows: 
(1) Amend paragraph (2) to read as follows: 
"(2XA) Periodically, but not less than every 4 years afl;er the 
approval of any State program under this subsection, the Secretary, 
in consultation with the Council on the appropriate provisions of 
National 
Historic 
Preservation Act 
Amendments of 
1992. 
16 use 470 note. 
106 STAT. 4754 
PUBLIC LAW 102-575—OCT. 30, 1992 
this Act, and in cooperation with the State Historic Preservation 
Of&cer, shall evaluate the program to determine whether it is 
consistent with this Act. 
Ck)ntracts. 
"(B) If, at any time, the Secretary determines that a major 
euspect of a State program is not consistent with this Act, the 
Secretary shall disapprove the program and suspend in whole or 
in part any contracts or cooperative agreements with the State 
ana the State Historic Preservation Officer under this Act, until 
the program is consistent with this Act, unless the Secretary deter-
mines that the program will be made consistent with tnis Act 
within a reasonable period of time. 
"(C) The Secretary, in consultation with State 
Historic 
Preservation Officers, shall establish oversight methods to ensure 
State program consistency and quality without imposing undue 
review burdens on State Historic Preservation Officers. 
"(D) At the discretion of the Secretary, a State system of fiscal 
audit and management may be substituted for comparable Federal 
systems so long as the State system— 
"(i) establishes 
and 
maintains 
substantially 
similar 
accountability standards; and 
"(ii) provides for independent professional peer review. 
The Secretary may also conduct periodic fiscal audits of State 
programs approved imder this section as needed and shall ensure 
that such programs meet applicable accountability standards.". 
(2) Amend paragraph (3) as follows: 
(A) In subparagraph (G), strike "relating to the Federal 
and State Historic Preservation Programs; and" and insert 
"in historic preservation;". 
(B) In subparagraph (H), strike the period at the end 
thereof and insert a semicolon. 
(C) Add at the end thereof the following new 
subparagraphs— 
"(I) consult with appropriate Federal agencies in 
accordance with this Act on— 
"(i) Federal undertakings that may affect historic 
properties; and 
"(ii) the content and sufficiency of any plans devel-
oped to protect, manage, or reduce or mitigate harm 
to such properties; and 
"(J) advise and assist in the evaluation of proposals 
for rehabilitation projects that may qualify for Federal 
assistance.". 
(3) Amend paragraph (5) by striking "1980" and inserting 
"1992". 
(4) Add at the end thereof the following new paragraphs: 
"(6)(A) Subject to subparagraphs (C) and (D), the Secretary 
may enter into contracts or cooperative agreements with a State 
Historic Preservation Officer for any State authorizing such Officer 
to assist the Secretary in canying out one or more of the following 
responsibilities within that State— 
"(i) Identification and preservation of historic properties, 
"(ii) Determination of the eligibility of properties for listing 
on the National Register. 
"(iii) Preparation of nominations for inclusion on the 
National Register. 
"(iv) Maintenance of historical and archaeological data 
bases. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4755 
"(v) Evaluation of eligibility for Federal preservation incen-
tives. 
Nothing in this paragraph shall be construed to provide that any 
State mstoric Preservation OfiQcer or any other person other than 
the Secretary shall have the authority to maintain the National 
Register for properties in any State. 
"(B) The Secretary may enter into a contract or cooperative 
agreement imder subparagrai)h (A) only if— 
"(i) the State Historic Preservation Officer has requested 
the additional responsibility; 
"(ii) the Secretary has approved the State historic preserva-
tion program pursuant to section 101(b) (1) and (2); 
(iii) the State Historic Preservation Ofdcer agrees to carry 
out the additional responsibility in a timely and efficient man-
ner acceptable to the Secretanr and the Secretary determines 
that such Officer is fully capable of carrying out such respon-
sibility in such manner; 
"Uv) the State Historic Preservation Officer agrees to per-
mit the Secretanr to review and revise, as appropriate in the 
discretion of the Secretary, decisions made by the Officer pursu-
ant to such contract or cooperative agreement; and 
"(v) the Secretary and the State Historic Preservation Offi-
cer agree on Uie terms of additional financial assistance to 
^ 
the State, if there is to be any, for the costs of carrying out 
such responsibility. 
"(C) For each significant program area under the Secretary's 
authority, the Secretary shall establish specific conditions and cri-
teria essential for the assumption by State Historic Preservation 
Officers of the Secretary's duties in each such program. 
"(D) Nothing in this subsection shall have the effect of diminish-
ing the preservation programs and activities of the National Park 
Service. . 
SEC. 4005. CERTIFICATION OF LOCAL GOVERNMENTS. 
Section 101(c) of the National Historic Preservation Act (16 
U.S.C. 470a(c)) is amended by adding at the end thereof the follow-
ing new paragraph: 
"(4) For me purposes ofthis section the term— 
"(A) 'designation' means the identification and registration 
of properties for protection that meet criteria established by 
the State or the locality for significant historic and prehistoric 
resources within the jurisdiction of a local government; and 
"(B) 'protection' means a local review process imder State 
or local law for proposed demolition of, changes to, or other 
action that may affect historic properties designated pursuant 
to subsection (c).". 
SEC. 4006. TRIBAL HISTORIC PRESERVATION PROGRAMS. 
(a) REVISION OF EXISTING LAW.—Section 101 of the National 
Historic Preservation Act (16 U.S.C. 470a) is amended as follows— 
(1) Redesignate subsections (d), (e), (f), (g), and (h) as 
subsections (e), (f), (g), (h), and (i), respectively. 
(2) Insert after subsection (c) the following new subsection: 
"(dXlXA) The Secretary shall establish a program and promul- Regulations. 
gate regulations to assist Indian tribes in preserving their particular 
historic properties. The Secretary shall foster communication and 
cooperation between Indian tribes and State Historic Preservation 
Officers in the administration of the national historic preservation 
106 STAT. 4756 
PUBLIC LAW 102-575—OCT. 30, 1992 
program to ensure that all types of historic properties and all 
public interests in such properties are ^ven due consideration, 
and to encourage coordination among Indian tribes, State Historic 
Preservation Officers, and Federal agencies in historic preservation 
planning and in the identification, evaluation, protection, and 
mterpretation of historic properties. 
(B) The program imder subparagraph (A) shall be developed 
in such a manner as to ensure that tribal values are taken mto 
account to the extent feasible. The Secretary may waive or modify 
requirements of this section to conform to the cultural setting 
of tribal heritage preservation goals and objectives. The tribal pro-
grams implemented by specific tribal organizations may vary in 
scope, as determined by each tribe's chief governing authority. 
"(C) The Secretary shall consult with Indian tribes, other Fed-
eral agencies, Stete Historic Preservation Officers, and other 
interested parties and initiate the program under subparagraph 
(A) by not later than October 1,1994. 
'^(2) A tribe may assume all or any part of the functions of 
a Stete Historic Preservation Officer in accordance with subsections 
(bX2) and (bX3), with respect to tribal lands, as such responsibilities 
may be modified for trioal programs through regulations issued 
by the Secretery, if— 
"(A) the tribe's chief governing authority so re^ueste; 
"(B) the tribe designates a tribal preservation official to 
administer the tribal historic preservation program, through 
appointment by the tribe's chief governing authority or as a 
trihal ordinance may otherwise provide; 
"(C) the tribal preservation ofiicial provides the Secretary 
with a plan describing how the functions the tribal preservation 
ofiicial proposes to assume will be carried out; 
''(D) the Secretary determines, after consulting with the 
tribe, the appropriate Stete Historic Preservation Officer, the 
Council (if the tribe proposes to assume the functions of the 
Stete Historic Preservation Ofiicer with respect to review of 
undertakings under section 106), and other tribes, if any, whose 
tribal or aboriginal lands may be affected by conduct of the 
tribal preservation program— 
"(i) that the tribal preservation program is fully capable 
of carrying out the functions specified in the plan provided 
under subparagraph (C); 
''(ii) that the plan defines the remaining responsibilities 
of the Secretary and the Stete Historic Preservation Officer; 
"(iii) that the plan provides, with respect to properties 
neither owned by a member of the tribe nor held in trust 
by the Secretery for the benefit of the tribe, at the request 
01 the owner thereof, the Stete Historic Preservation Offi-
cer, in addition to the tribal preservation official, mav 
exercise the historic preservation responsibilities in accord-
ance with subsections (bX2) and (bX3); and 
"(E) based on satisfaction of the conditions steted in sub-
paragraphs (A), (B), (C), and (D), the Secretary approves the 
plan. 
(3) In consultetion with interested Indian tribes, other Native 
American organizations and affected Stete Historic Preservation 
Officers, the Secretery shall esteblish and implement procedures 
for carrying out section 103(a) with respect to tribal programs 
that assume responsibilities under paragraph (2). 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4757 
**(4) At the request of a tribe whose preservation program Contracts. 
has been approved to assume functions and responsibilities pursu-
ant to paragraph (2), the Secretary shall enter into contracts or 
cooperative agreements with such tribe permitting the assumption 
by the tribe of any part of the responsibiUties referred to in sub-
section (bX6) on tribal land, if— 
"(A) the Secretary and the tribe agree on additional financial 
assistance, if any, to the tribe for the costs of carrying out 
such authorities; 
''(B) the Secretary finds that the tribal historic preservation 
program has been demonstrated to be sufficient to carry out 
the contract or cooperative agreement and this Act; and 
''(C) the contract or cooperative agreement specifies the 
continuing responsibilities of the Secretary or of the appropriate 
State Historic Preservation OfiEicers and provides for appro-
priate participation by— 
"(i) the tribe's traditional cultural authorities; 
"(ii) representatives of other tribes whose traditional 
lands are imder the jurisdiction of the tribe assuming 
responsibilities; and 
"(iii) the interested public. 
"(5) The Council may enter into an agreement with an Indian 
tribe to permit imdertakings on tribal land to be reviewed under 
tribal historic preservation regulations in place of review under 
regulations promulgated by the Council to govern compliance with 
section 106, if the Council, after consultation vnth the tribe and 
appropriate State Historic Preservation OfiElcers, determines that 
the tribal preservation regulations will afford historic properties 
consideration equivalent to those afforded by the Council's regula-
tions. 
''(6XA) Properties of traditional religious and cultural impor-
tance to an Indian tribe or Native Hawaiian organization may 
be determined to be eligible for inclusion on the National Register. 
"(B) In canying out its responsibilities under section 106, a 
Federal agency shall consult with any Indian tribe or Native Hawai-
ian organization that attaches religious and cultural significance 
to properties described in subparagraph (A). 
"(C) In carrying out his or her responsibilities under subsection Hawaii. 
(bX3), the State Historic Preservation Officer for the State of Hawaii 
shall— 
"(i) consult with Native Hawaiian organizations in assessing 
the cultural significance of any property in determining whether 
to nominate such property to the National Register; 
"(ii) consult wiUi Native Hawaiian organizations in develop-
ing the cultural component of a preservation program or plan 
for such property; and 
"(iii) enter into a memorandum of understanding or agree-
ment with Native Hawaiian organizations for the assessment 
of the cultural significance of a property in determining whether 
to nominate such property to the National Register and to 
carry out the cultural component of such preservation program 
or plan.". 
(b) CONFORMING AMENDMENT.—Section 110(c) of the National 
Historic Preservation Act (16 U.S.C. 470h-2(c)) is amended by 
striking "lOKg)" and inserting "lOKh)". 
106 STAT. 4758 
PUBLIC LAW 102-575—OCT. 30, 1992 
16 use 470a. 
Territories. 
Historic 
preservation. 
SEC. 4007. MATCmNG GRANTS. 
Section 101(e) of the National Historic Preservation Act, as 
redesignated by section 4006(aXl) of this title, is amended as 
follows— 
(1) Amend paragraph (1) to read as follows: 
"(1) The Secretary shall administer a prop^am of matching 
grants to the States for the purposes of carrying out this Act. . 
(2) Add the following at tne end thereof: 
"(4) Grants may be made under this subsection for the preserva-
tion, stabilization, restoration, or rehabilitation of religious prop-
erties listed in the National Register of Historic Places, provided 
that the purpose of the grant is secular, does not promote religion, 
and seeks to protect those qualities that are historically significant. 
Nothing in this paragraph shall be construed to authorize the 
use of any funds made available under this section for the acquisi-
tion of any property referred to in the preceding sentence.**. 
'*i5) The Secretary shall administer a program of direct grants 
to Indian tribes and Native Hawaiian organizations for the purpose 
of carrying out this Act as it pertains to Indian tribes and Native 
Hawaiian organizations. Matching fund requirements may be modi-
fied. Federal funds available to a tribe or Native Hawaiian organiza-
tion may be used as matching funds for the purposes of the tribe*s 
or organization*s conducting its responsibilities pursuant to this 
section. 
"(GXA) As part of the pro-am of matching grant assistance 
from the Historic Preservation Fimd to States, the Secretary shall 
administer a program of direct grants to the Federated States 
of Micronesia, the Republic of the Marshall Islands, the Trust 
Territory of the Pacific Islands, and upon termination of the 
Trusteeship Agreement for the Trust Territory of the Pacific Islands, 
the Republic of Palau (referred to as the Micronesian States) in 
furtherance of the Compact of Free Association between the United 
States and the Federated States of Micronesia and the Marshall 
Islsmds, approved by the Compact of Free Association Act of 1985 
(48 U.S.C. 1681 note), the Trusteeship Agreement for the Trust 
Territory of the Pacific Islands, and the Compact of Free Association 
between the United States and Palau, approved by the Joint Resolu-
tion entitled 'Joint Resolution to approve the "Compact of Free 
Association** between the United States and Government of Palau, 
and for other purposes' (48 U.S.C. 1681 note). The goal of the 
program shall be to establish historic and cultiu'al preservation 
programs that meet the unique needs of each Micronesian State 
so that at the termination of the compacts the programs shall 
be firmly established. The Secretary may waive or modify the 
requirements of this section to conform to the cultural setting 
of those nations. 
"(B) The amounts to be made available to the Micronesian 
States shall be allocated by the Secretary on the basis of needs 
as determined by the Secretary. Matching funds may be waived 
or modified.**. 
SEC. 4008. EDUCATION AND TRAINING. 
Section 101 of the National Historic Preservation Act (16 U.S.C. 
470a), as amended by section 4005 of this Act, is further amended 
by adding at the end thereof the following new subsection: 
"(jXl) The Secretary shall, in consultation with the Council 
and other appropriate Federal, tribal. Native Hawaiian, and non-
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4759 
Federal organizations, develop and implement a comprehensive 
preservation education and traming program. 
"(2) The education and training program described in paragraph 
(1) shall include— 
"(A) new standards and increased preservation training 
opportunities for Federal workers involved in preservation-
related functions; 
"(B) increased preservation training opportunities for other 
Federal, State, tribal and local government workers, and stu-
dents; 
"(C) technical or financial assistance, or both, to historically 
black colleges and universities, to tribal colleges, and to colleges 
with a high enrollment of Native Americans or Native Hawai-
ians, to establish preservation training and degree programs; 
"(D) coordination of the following activities, where appro-
priate, with the National Center for Preservation Technology 
and Training— 
"(i) distribution of information on preservation tech-
nologies; 
(ii) provision of training and skill development in 
trades, crafts, and disciplines related to historic preserva-
tion in Federal training and development programs; and 
"(iii) support for research, analysis, conservation, 
curation, interpretation, and display related to preserva-
tion.". 
SEC. 4009. REQUIREMENTS FOR AWARDING OF GRANTS. 
Section 102 of the National Historic Preservation Act (16 U.S.C. 
470b) is amended as follows: 
(1) Amend paragraph (3) of subsection (a) to read as follows: 
"(3) for more than 60 percent of the aggregate costs of carndng 
out projects and programs under the administrative control of the 
State Historic Preservation Officer as specified in section 101(bX3) 
in any one fiscal year.". 
(2) In subsection (b) strike ", in which case a grant to 
the National Trust may include funds for the maintenance, 
repair, and administration of the property in a manner satisfac-
tory for the Secretary". 
(3) Add at the end thereof the following new subsections: 
"(d) The Secretary shall make funding available to individual 
States and the National Trust for Historic Preservation as soon 
as practicable after execution of a grant agreement. For purposes 
of administration, grants to individual States and the National 
Trust each shall be considered to be one grant and shall be adminis-
tered by the National Park Service as such. 
"(e) The total administrative costs, direct and indirect, charged 
for carrying out State projects and programs may not exceed 25 
percent of the aggregate costs except in the case of grants under 
section 101(eX6). . 
SEC. 4010. APPORTIONMENT OF GRANT FUNDS. 
Section 103 of the National Historic Preservation Act (16 U.S.C. 
470c) is amended as follows— 
(1) In subsection (a) strike 'Yor comprehensive statewide 
historic survevs and plans under this Act", and insert "for 
the purposes tnis Act". 
(2) In subsection (b) strike "by the Secretai^ in accordance 
with needs as disclosed in approved statewide historic preserva-
106 STAT. 4760 
PUBLIC LAW 102-575—OCT. 30, 1992 
tion plsins." and insert "as the Secretary determines to be 
appropriate.". 
(3) At the end of subsection (b) insert The Secretary shall 
analyze and revise as necessary the method of apportionment. 
Federal 
Such method and any revision thereof shall be published by 
SiStion. 
*^® Secretary in the Federal Register.". 
SEC. 4011. EXTENSION OF AUTHORIZATION FOR HISTORIC PRESERVA-
TION FUND. 
Section 108 of the National Historic Preservation Act (16 U.S.C. 
16 use 470h. 
470h-2) is amended by striking "1992" and inserting "1997". 
SEC. 4012. FEDERAL AGENCY HISTORIC PRESERVATION PROGRAMS. 
Section 110 of the National Historic Preservation Act (16 U.S.C. 
470h-2) is amended as follows— 
(1) In subsection (aXD strike "101(f)" and insert "lOKg)". 
(2) Amend subsection (aX2) to read as follows: 
"(2) Each Federal agency shall establish (unless exempted 
pursuant to section 214), in consultation with the Secretary, a 
preservation program for the identification, evaluation, and nomina-
tion to the National Register of Historic Places, and protection 
of historic properties. Such program shall ensiu'e— 
"(A) that historic properties imder the jurisdiction or control 
of the agency, are identified, evaluated, and nominated to the 
NationalRegister; 
"(B) that such properties under the jurisdiction or control 
of the agency as are listed in or may be eligible for the National 
Register are managed and maintained in a way that considers 
the preservation of their historic, archaeological, architectural, 
and cultural values in compliance with section 106 and gives 
special consideration to the preservation of such values in the 
case of properties designatea as having National significance; 
"(C) that the preservation of properties not imder the juris-
diction or control of the agency, but subject to be potentially 
affected by agency actions are given full consideration in 
planning; 
"(D) that the agency's preservation-related activities are 
carried out in consultation with other Federal, State, and local 
agencies, Indian tribes, Native Hawaiian organizations canying 
• ' J 
out historic preservation planning activities, and with the pri-
vate sector; and 
"(E) that the agency's procedures for compliance with sec-
tion 106— 
"(i) are consistent with regulations issued by the 
Council pursuant to section 211; 
"(ii) provide a process for the identification and evalua-
tion of nistoric properties for listing in the National 
Register and the development and implementation of agree-
ments, in consultation with State Historic Preservation 
Officers, local governments, Indian tribes. Native Hawaiian 
organizations, and the interested public, as appropriate, 
regarding the means by which adverse effects on such 
properties will be considered; and 
"(iii) provide for the disposition of Native American 
cultural items from Federal or tribal land in a manner 
consistent with section 3(c) of the Native American Grave 
Protection and Repatriation Act (25 U.S.C. 3002(c)).". 
(3) Add at the end thereof the following new subsections: 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4761 
"(k) Each Federal agency shall ensure that the agency will 
not grant a loan, loan guarantee, permit, license, or other assistance 
to an applicant who, with intent to avoid the requirements of 
section lOiS, has intentionally significantly adversely affected a his-
toric property to whichi the grant would relate, or having legal 
power to prevent it, allowed such significant adverse efiect to occur, 
unless the agency, after consultation with the Council, determines 
that circumstances iustify granting such assistance despite the 
adverse effect created or permitted by the applicant. 
"(1) With respect to any imdertaking subiect to section 106 
which adversely affects any property included in or eligible for 
inclusion in the National Register, and for which a Federal agency 
has not entered into an agreement with the Council, the heaa 
of such agen^ shall document any decision made pursuant to 
section 106. The head of such agency may not delegate his or 
her responsibilities pursuant to such section. Where a section 106 
memorandum of agreement has been executed with respect to an 
undertaking, such memorandum shall govern the underUiking and 
all of its parts.". 
SEC. 4013. LEASE OR EXCHANGE OF FEDERAL HOUSING PROPERTIES. 
Section 111(a) of the National Historic Preservation Act (16 
U.S.C. 470h-3(a)) is amended by striking "may, after consultation 
with the Advisory Council on Historic Preservation," and inserting 
"after consultation with the Council, shall, to the extent practicable, 
establish and implement alternatives for historic properties, includ-
ing adaptive use, that are not needed for current or projected 
agenQT purposes, and may". 
SEC. 4014. PROFESSIONAL STANDARDS. 
Title I of the National Historic Preservation Act (16 U.S.C. 
470 et seq.) is amended by adding at the end thereof the following 
new section: 
"SEC. 112. PROFESSIONAL STANDARDS. 
16 USC 470h-4. 
"(a) IN GENERAL.—Each Federal agency that is responsible 
for the protection of historic resources, including archaeological 
resources pursuant to this Act or any other law shall ensure each 
of the following— 
"(IXAj All actions taken by employees or contractors of Contracts. 
such agency shall meet professional standards under regula-
tions developed by the Secretary in consultation with the Coun-
cil, other anected agencies, and the appropriate professional 
societies of the disciplines involved, specifically archaeology, 
architecture, conservation, history, landscape architectiire, and 
planning. 
"(B) Agency personnel or contractors responsible for historic 
resources shall meet qualification standards established by the 
Office of Personnel Management in consultation with the Sec-
retary and appropriate professional societies of the disciplines 
involved. The Omc($ or Personnel Management shall revise 
qualification standards within 2 years after the date of enact-
ment of this Act for the disciplines involved, specifically 
archaeology, architecture, conservation, curation, history, land-
scape architecture, and planning. Such standards shall consider 
the particular skills and expertise needed for the preservation 
of historic resources and shall be equivalent requirements for 
the disciplines involved. 
106 STAT. 4762 
PUBLIC LAW 102-575—OCT. 30, 1992 
^f^^ds. 
«(2) Records and other data, including data produced by 
Keguiations. 
historical research and archaeological surveys and excavations 
are permanently maintained in appropriate data bases and 
made available to potential users pursuant to such regulations 
as the Secretary shall promulgate. 
"(b) GUIDELINES.—In order to promote the preservation of his-
toric resources on properties eUgible for listing in the National 
Register, the Secretary shall, in consultation with the Council, 
promulgate guidelines to ensure that Federal, State, and tribal 
nistoric preservation programs subject to this Act include plans 
to— 
"(1) provide information to the owners of properties CQntain-
ing historic (including architectural, curatorial, and archaeologi-
cal) resources with demonstrated or likely research significance, 
about the need for protection of such resources, and the avail-
able means of protection; 
''(2) encourage owners to preserve such resources intact 
and in place and offer the owners of such resources information 
on the tax and grant assistance available for the donation 
of the resources or of a preservation easement of the resources; 
"(3) encourage the protection of Native American cultural 
items (within the meaning of section 2 (3) and (9) of the 
Native American Grave Protection and Repatriation Act (25 
U.S.C. 3001(3) and (9)) and of properties of religious or cultural 
importance to Indian tribes. Native Hawaiians, or other Native 
American groups; and 
"(4) encourage owners who are imdertaking archaeological 
excavations to— 
"(A) conduct excavations and analyses that meet stand-
ards for federally-sponsored excavations established by the 
Secretary; 
"(B) donate or lend artifacts of research significance 
to an appropriate research institution; 
; J T
^ 
"(C) allow access to artifacts for research purposes; 
and 
"(D) prior to excavating or disposing of a Native Amer-
ican cultural item in which an Indian tribe or Native 
Hawaiian organization may have an interest under section 
3(aX2) (B) or (C) of the Native American Grave Protection 
and Repatriation Act (25 U.S.C. 3002(aX2) (B) and (O), 
given notice to and consult with such Indian tribe or Native 
Hawaiian organization.". 
SEC. 4015. INTERSTATE AND INTERNATIONAL TRAFFIC IN ANTIQ-
UITIES. 
Title I of the National Historic Preservation Act (16 U.S.C. 
470 et seq.) is amended by adding at the end thereof of the following 
new section after section 112: 
16 use 470h-5. 
'^EC. 113. INTERSTATE AND INTERNATIONAL TRAFFIC IN ANTIQ-
UITIES. 
Reports. 
"(a) STUDY.—In order to help control illegal interstate and 
international traffic in antiquities, including archaeological, curato-
rial, and architectural objects, and historical documents of all kinds, 
the Secretary shall study and report on the suitability and feasibil-
ity of alternatives for controlling illegal interstate and international 
traffic in antiquities. 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4763 
"(b) CONSULTATION.—^In conducting the study described in sub-
section (a) the Secretary shall consult with the Council and other 
Federal a^ncies that conduct, cause to be conducted, or permit 
archaeological surveys or excavations or that have responsibilities 
for other kinds of antiquities and vnth State Historic Preservation 
Officers, archaeological, architectural, historical, conservation, and 
curatorial organizations, Indian tribes. Native Hawaiian organiza-
tions, and other Native American organizations, international 
organizations and other interested persons. 
"(c) REPORT.—^Not later than 18 months after the date of enact-
ment of this section, the Secretai^ shall submit to Congress a 
report detailing the Secretary's findings and recommendations from 
the study described in subsection (a). 
"(d) AUTHORIZATION. —There are authorized to be appropriated Appropriation 
not more than $600,000 for the study described in subsection (a), authorization. 
such sums to remain available until expended.". 
SEC. 4016. MEMBERSHIP OF ADVISORY COUNCIL ON HISTORIC 
PRESERVATION. 
Section 201(a) of the National Historic Preservation Act (16 
U.S.C. 470i(a)) is amended as follows: 
(1) Strike "and" at the end of paragraph (9). 
(2) Strike the period at the end of paragraph (10) and 
insert *
*
; and". 
(3) Add at the end thereof the following new paragraph: 
"(11) one member of an Indian tribe or Native Hawaiian 
organization who represents the interests of the tribe or 
organization of which he or she is a member, appointed by 
the President.". 
SEC. 4017. AUTHORIZATION OF APPROPRIATONS FOR ADVISORY 16 USC 470t. 
COUNCIL ON HISTORIC PRESERVATION. 
Section 212(a) of the National Historic Preservation Act (16 
U.S.C. 470) and following is amended by striking the last sentence 
thereof and inserting "'rhere are authorized to be appropriated 
for purposes of this title not to exceed $5,000,000 for each of 
the 
fiscal 
years 1993 through 1996.". 
SEC. 4018. ADVISORY COUNCIL REGULATIONS. 
Section 211 of the National Historic Preservation Act (16 U.S.C. 
470s) is amended by striking the period at the end of the first 
sentence and inserting "in its entirety.". 
SEC. 4010. DEFINITIONS. 
(a) AMENDMENT AND ADDITION OF DEFINITIONS.—Section 301 
of the National Historic Preservation Act (16 U.S.C. 470w) is 
amended as follows— 
(1) In paragraph (1) strike "Code," and all that follows 
through the endf of the paragraph, and insert in lieu thereof 
"Code.". 
(2) In paragraph (2) strike "the Trust Territories of the 
Pacific Islands" and insert "the Trust Territory of the Pacific 
Islands, the Republic of the Marshall Islands, the Federated 
States of Micronesia, and, upon termination of the Trusteeship 
Agreement for the Trust Territory of the Pacific Islands, the 
Republic of Palau". 
(3) Amend paragraph (4) to read as follows: 
106 STAT. 4764 
PUBLIC LAW 102-575—OCT. 30, 1992 
"(4) 'Indian tribe' or 'tribe' means an Indian tribe, band, 
nation, or other organized group or community, including a 
Native village. Regional Corporation or Village Corporation, 
as those terms are defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602), which is recognized 
as eligible for the special programs and services provided by 
the United States to Indians because of their status as 
Indians.". 
(4) In paragraph (5) strike "Register" and all that follows 
through the end or the paragraph and insert "Register, includ-
ing artifacts, records, and material remains related to such 
a property or resource.". 
(5) Amend paragraph (7) to read as follows: 
"(7) 'Undertaking' means a project, activity, or program 
fund^ in whole or in part under the direct or indirect jurisdic-
tion of a Federal agency, including— 
"(A) those carried out by or on behalf of the agency; 
"(B) those carried out with Federal financial assistance; 
"(C) those requiring a Federal permit license, or 
approval; and 
"(D) those subject to State or local regulation adminis-
tered pursuant to a delegation or approval by a Federal 
agency.". 
(6) In paragraph (8) strike "maintenance and reconstruc-
tion," and insert 'Maintenance, research, interpretation, con-
servation, and education and training regarding the foregoing 
activities,". 
(7) In paragraph (9) strike "urban area" and insert "area". 
(8) In paragraph (10) strike "urban area of one or more 
neighborhoods and and insert "area". 
(9) In paragraph (11) after "of the Interior'' insert "acting 
through the Director of the National Park Service". 
(10) In paragraph (12) strike "and architecture" and insert 
"architecture, folklore, cultural anthropology, curation, con-
servation, and landscape architecture". 
(11) In paragraph (13) strike "archaeology" and insert "pre-
historic ana historic archaeology, folklore, cultural anthropol-
ogy, curation, conservation, and landscape architecture". 
(12) Add at the end thereof the following new paragraphs: 
"(14)'Tribal lands'means— 
"(A) all lands within the exterior boundaries of any 
Indian reservation; and 
"(B) all dependent Indian communities. 
"(15) 'Certified local government' means a local government 
whose local historic preservation program has been certified 
pursuant to section 101(c). 
"(16) 'Council' means the Advisory Council on Historic 
Preservation established by section 201. 
"(17) *Native Hawaiian' means any individual who is a 
descendant of the aboriginal people who, prior to 1778, occupied 
and exercised sovereignty in uie turea that now constitutes 
the State of Hawaii. 
"(18) 'Native Hawaiian organization' means any organiza-
tion which— 
"(A) serves and represents the interests of Native 
Hawaiians; 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4765 
"(B) has as a primary and stated purpose the provision 
of services to Native Hawaiians; and 
"(C) has demonstrated expertise in aspects of historic 
greservation that are culturally significant to Native 
[awaiians. 
The term includes, but is not limited to, the Office of Hawaiian 
Affairs of the State of Hawaii and Hui Malama I Na Kupuna 
O Hawai'i Nei, an oi^anization incorporated under the laws 
of the State of Hawaii. . 
(b) TECHNICAL AMENDMENT.—Section 201(a) of the National 
Historic Preservation Act (16 U.S.C. 470i(a)) is amended by striking 
"(hereafter referred to as the 'Councir)*. 
SEC. 4020. ACCESS TO INFORMATION. 
Section 304 of the National Historic Preservation Act (16 U.S.C. 
4702-3) is amended to rcjad as follows: 
16 USC 470w-3. 
•«EC. 304. ACCESS TO INFORMATION. 
**(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head 
of a Federal agency or other public ofiicial receiving grant assistance 
pursuant to this Act, after consultation with the Secretanr, shall 
withhold from disclosure to the public, information about tne loca-
tion, character, or ownership of a historic resoiirce if the Secretary 
and the agency determine that disclosure ma^r— 
"(1) cause a significant invasion of privacy; 
"(2) risk harm to the historic resources; or 
"(3) impede the use of a traditional religious site by 
practitioners. 
*'(b) ACCESS DETERMINATION.—When the head of a Federal 
agency or other public ofilcial has determined that information 
snoula be withheld from the public pursuant to subsection (a), 
the Secretanr, in consultation with such Federal agency head or 
ofilcial, shall determine who may have access to the imbrmation 
for the purpose of canying out this Act. 
"(c) CONSULTATION WITH COUNCIL.—When the information in 
question has been developed in the course of cm agency's compliance 
with section 106 or IKXf), the Secretary shall consult with the 
Coimcil in reaching determinations under subsections (a) and (b).". 
SEC. 4021. RECOMMENDA'inONS. 
16 USC 470a 
The Secretary of the Interior, in consultation Mdth the Advisory 
Council, shsdl seek to ensure that historic properties preserved 
imder the National Historic Preservation Act fiilly refiect the 
historical experience of this nation. 
SEC. 4022. NATIONAL CENTER FOR PRESERVATION 
TECHNOLOGY 
ANDTRAINING. 
The National Historic Preservation Act (16 U.S.C. 470 and 
following) is amended by adding the following at the end thereof: 
**TITLE IV—NATIONAL CENTER FOR 
PRESERVATION TECHNOLOGY AND TRAINING 
•nSEC. 401. FINDINGS. 
16 USC 470x. 
'The Congress finds and declares that, given the complexity 
of technical problems encoimtered in preserving historic properties 
and the lack of adequate distribution of technical information to 
preserve such properties, a national initiative to coordinate and 
106 STAT. 4766 
PUBLIC LAW 102-575—OCT. 30, 1992 
promote research, distribute information, and provide training 
about preservation skills and technologies would be beneficial. 
16USC470X-1. 
<«EC. 402. DEFINITIONS. 
"For the purposes of this title— 
''(1) The term 'Board' means the National Preservation 
Technology and Training Board established pursuant to section 
404. 
**(2) The term 'Center* means the National Center for 
Preservation Technology and Training established pursuant to 
section 403. 
**(3) The term 'Secretary* means the Secretary of the 
Interior. 
Louisiana. 
"SEC. 403. ESTABUSHMENT OF NATIONAL CENTER. 
"(a) ESTABLISHMENT.—There is hereby established within the 
Department of the Interior a National Center for Preservation 
Technology and Training. The Center shall be located at Northwest-
em State University of Louisiana in Natchitoches, Louisiana. 
"(b) PURPOSES.—^The purposes of the Center shall be to— 
"(1) develop and distribute preservation and conservation 
skills and technologies for the identification, evaluation, con-
servation, and interpretation of prehistoric and historic 
resources; 
"(2) develop and facilitate training for Federal, State and 
local resource preservation professionals, cultural resource 
managers, maintenance personnel, and others working in the 
preservation field; 
"(3) take steps to apply preservation technology benefits 
from ongoing research by other agencies and institutions; 
"(4) facilitate the transfer of preservation technology among 
Federal agencies, State and local governments, universities, 
international organizations, and the private sector; and 
"(5) cooperate with related international organizations 
including, but not limited to the International Council on Monu-
ments and Sites, the International Center for the Study of 
Preservation and Restoration of Cultural Property, and the 
International Council on Museimis. 
"(c) PROGRAMS.—Such purposes shall be carried out through 
research, professional training, technical assistance, and programs 
for public awareness, and through a program of grants established 
under section 405. 
"(d) EXECUTIVE DIRECTOR.—^The Center shall be headed by 
an Executive Director with demonstrated expertise in historic 
preservation appointed by the Secretary with advice of the Board. 
"(e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide 
the Center assistance in obtaining such personnel, equipment, and 
facilities as may be needed by the Center to carry out its activities. 
16USC470X-3. 
«SEC. 404. PRESERVATION TECHNOLOGY AND TRAINING BOARD. 
"(a) ESTABLISHMENT.—^There is established a Preservation Tech-
nology and Training Board. 
^b) DUTIES.—The Board shall— 
"(1) provide leadership, policy advice, and professional over-
sight to uie Center; 
"(2) advise the Secretary on priorities and the allocation 
of grants among Uie activities of the Center; and 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4767 
**(3) submit an annual report to the President and the Reports. 
Congress, 
"(c) MEMBERSHIP.—^The Board shall be comprised o
f
— 
**(1) the Secretary, or the Secretary's designee; 
"(2) 6 members appointed by the Secretary who shall rep-
resent appropriate Federal, State, and local agencies, State 
and local nistoric preservation commissions, and other public 
and international organizations, and 
"(3) 6 members appointed by the Secretary on the basis 
of outstanding professional qualincations who represent major 
organizations in the fields of archaeology, architecture, con-
servation, curation, engineering, history, nistoric preservation, 
landscape architecture, planning, or preservation eaucation. 
•«EC. 405. PRESERVATION GRANTS. 
16 USC 470x-4. 
"(a) IN GENERAL.—The Secretary, in consultation with the 
Board, shall provide preservation tecnnology and training grants 
to eligible applicants with a demonstrated institutional capability 
and commitment to the piuposes of the Center, in order to ensure 
an effective and efficient system of research, information distribu-
tion and skills training in all the related historic preservation 
fields. 
"(b) GRANT REQUIREMENTS.—(1) Grants provided under this 
section shall be allocated in such a fashion to reflect the diversity 
of the historic preservation fields and shall be geographically distrib-
uted. 
"(2) No grant recipient may receive more than 10 percent 
of the grants allocated wider this section within any year. 
"(3) The total administrative costs, direct and indirect, charged 
for carrying out grants under this section may not exceed 25 percent 
of the aggregate costs. 
"(c) EuGiBLE APPLICANTS.—Eligible applicants may include 
Federal and non-Federal laboratories, accredited museums, univer-
sities, nonprofit organizations; offices, units, and Cooperative Park 
Study Units of the National Park System, State Historic Preserva-
tion Offices, tribal preservation offices, and Native Hawaiian 
organizations. 
"(d) STANDARDS.—All such grants shall be awarded in accord-
ance Math accepted professional standards and methods, including 
peer review of projects. 
"(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section such sums as may 
be necessary. 
"SEC. 406. GENERAL PROVISIONS. 
16 USC 470x-5. 
"(a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may 
accept— 
"(1) grants and donations from private individuals, groups, 
organizations, corporations, foundations, and other entities; and 
"(2) transfers of funds from other Federal agencies. 
"(b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to 
appropriations, the Center may enter into contracts and cooperative 
agreements with Federal, State, local, and tribal governments, 
Native Hawaiian organizations, educational institutions, and other 
public entities to carry out the Center's responsibilities under this 
title. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary for the establish-
106 STAT. 4768 
PUBLIC LAW 102-575—OCT. 30, 1992 
ment, operation, and maintenance of the Center. Funds for the 
Center shall be in addition to existing National Park Service pro-
grams, centers, and offices. 
16USC470X-6. 
'«EC. 407. NATIONAL PARK SERVICE PRESERVATION. 
"In order to improve the use of existing National Park Service 
resources, the Secretary shall fully utilize and further develop the 
National Park Service preservation (including conservation) centers 
and regional offices. The Secretary shall improve the coordination 
of such centers and offices within the National Park Service, and 
shall, where appropriate, coordinate their activities with the Center 
and with other appropriate parties.". 
SEC. 4023. REQUIREMENT FOR 
SPECIFIC AUTHORIZATION FOR 
PROJECTS UNDER THE HISTORIC SITES, BUILDINGS, AND 
ANTIQUmES ACT. 
Section 6 of the Act entitled "An Act to provide for the preserva-
tion of historic American sites, buildings, objects, and antiquities 
of national significance, and for other purposes" (16 U.S.C. 461-
16 use 466. 
467) is amended to read as follows: 
*«EC. 6. REQUIREMENT 
FOR 
SPECIFIC 
AUTHORIZATION 
FOR 
PROJECTS UNDER THE HISTORIC SITES, BUILDINGS, AND 
ANTIQUITIES ACT. 
"(a) IN GENERAL.—^Except as provided in subsection (b), not-
withstanding any other provision of law, no fimds appropriated 
or otherwise made available to the Secretary of the Interior to 
carry out section 2(e) or 2(f) may be obligated or expended after 
the date of enactment of this section— 
"(1) unless the appropriation of such funds has been specifi-
cally authorized by law enacted on or after the date of enact-
ment of this section; or 
"(2) in excess of the amount prescribed by law enacted 
on or after such date. 
"(b) SAVINGS PROVISION.—Nothing in this section shall prohibit 
or limit the expenditure or obligation of any funds appropriated 
prior to January 1,1993. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—Except as provided 
by subsection (a), there is authorized to be appropriated for carrying 
out the purposes of this Act such sums as the Congress may 
from time to time determine.". 
Georgia. 
SEC. 4024. MARTIN LUTHER KING, JUNIOR, NATIONAL HISTORIC SITE 
AND PRESERVATION DISTRICT. 
(a) B
O
U
N
D
A
R
Y MODIFICATION.—Subsection (a) of the first section 
of the Act entitled "An Act to establish the Martin Luther King, 
Junior, National Historic Site in the State of Georgia, and for 
1
6 use 461 note, other purposes" (Public Law 9&-428; 94 Stat. 1839), establishing 
the Martin Luther King, Junior, National Historic Site and 
Preservation District, is amended by striking "nimibered NASM/ 
SERO/20,109-C, and dated May 1980" and inserting in lieu thereof 
"number 489/80,013B, and dated September 1992". 
(b) L
I
M
I
T
A
T
I
O
N O
N APPROPRIATIONS.—Section 6 of Public Law 
1
6 use 461 note. 96-0428 (94 Stat. 1842) is amended by striking ", but not to exceed 
$1,000,000 for development, $100,000 for local planning, and 
$3,500,000 for the acquisition of lands and interests therein". 
PUBLIC LAW 102-575—OCT. 30, 1992 
106 STAT. 4769 
SEC. 4026. SECRETARIAL REPORT. 
16 USC 470a 
(a) REPORT.—^Not later than one year after the date of enact- "
°
*
® 
ment of this Act, the Secretary of the Interior shall prepare and 
submit to the Congress a report on the manner in whicn properties 
are listed or determined to be eligible for listing on the National 
Register, including but not limited to, the appropriateness of the 
criteria used in determining such eligibility, and the effect, if any, 
of such listing or finding of 
eligibiUty. 
(b) PREPARATION.—In preparing the report, the Secretanr shall 
consult with, and consider the views and comments of other Federal 
agencies, as well as interested individuals and public and private 
organizations, and shall include representative comments received 
as an appenduc to the report. 
Approved October 30, 1992. 
LEGISLATIVE HISTORY—H.R. 429: 
HOUSE REPORTS: Nos. 102-114, Pt. 1 (Ck)mm. on Interior and Insular Affairs) 
and 102-1016 (C!omm. of Conference). 
SENATE REPORTS: No. 102-267 (Coram, on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): June 20, considered and passed House. 
Vol. 138 (1992): Apr. 10, considered and passed Senate, araended. 
June 18, House concurreid in Senate araendraent with an 
amendraent. 
July 31, Senate concurred in House araendraent with an 
amendment; vitiated concurrence in House araendraent with 
an amendraent; and insisted on its araendraent. 
Oct. 5, House agreed to conference report. 
Oct. 8, fJenate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 30, Presidential stateraent.