Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994
PL 103-434 (S.1146), enacted 10/31/1994

108 STAT. 4526 
PUBLIC LAW 103-434—OCT. 31, 1994 
Public Law 103-434 
103d Congress 
An Act 
Oct. 31, 1994 
To provide for the settlement of the water rights claims of the Yavapai-Prescott 
[S. 1146] 
Indian Tribe in Yavapai County, Arizona, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
p?e3tindian 
TITLE I—YAVAPAI-PRESCOTT INDIAN 
Tribe Water 
TRIBE WATER RIGHTS SETTLEMENT 
Settlement Act 
of 1994. 
gj,(, jQj SHORT TITLE. 
This title may be cited as the "Yavapai-Prescott Indian Tribe 
Water Rights Settlement Act of 1994". 
SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS. 
(a) FINDINGS.—The Congress finds that— 
(1) it is the poHcy of the United States, in fulfillment 
of its trust responsibility to the Indian tribes, to promote Indian 
self-determination and economic self-sufficiency, 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-
sufficiency depend on the development of viable Indian reserva-
tion economies; 
(3) quantification 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 June 7, 1935, and by actions subsequent thereto, 
the United States established a reservation for the Yavapai-
Prescott Indian Tribe in Arizona adjacent to the city of Prescott; 
(5) proceedings to determine the full extent of Yavapai-
Prescott Tribe's water rights are currently pending before the 
Superior Court of the State of Arizona in and for Maricopa 
County, as part of the general adjudication of the Gila River 
system and source; 
(6) recognizing that final resolution of the general adjudica-
tion will take many years and entail great expense to all 
parties, prolong uncertainty as to the full extent of the Yavapai-
Prescott Tribe s entitlement to water and the availability of 
water supplies to fulfill that entitlement, and impair orderly 
planning and development by the Tribe and the city of Prescott; 
the Tribe, the city of Prescott, the Chino Valley Irrigation 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4527 
District, the State of Arizona and the United States have sought 
to settle all claims to water between and among them; 
(7) representatives of the Yavapai-Prescott Tribe, the city 
of Prescott, the Chino Valley Irrigation District, the State of 
Arizona and the United States have negotiated a Settlement 
Agreement to resolve all water rights claims between and 
among them, and to provide the Tribe with long term, reliable 
water supplies for the orderly development and maintenance 
of the Tribe's reservation; 
(8) pursuant to the Settlement Agreement and the Water 
Service Agreement, the quantity of water made available to 
the Yavapai-Prescott Tribe by the city of Prescott and the 
Chino Valley Irrigation District will be secured, such Agree-
ments will be continued in perpetuity, and the Tribe's continued 
on-reservation use of water for municipsd and industrial, rec-
reational and agricultural purposes will be provided for; 
(9) to advance the goals of Federal Indian policy and to 
fulfill the trust responsibility of the United States to the Tribe, 
it is appropriate that the United States participate in the 
implementation of the Settlement Agreement and assist in 
firming up the long-term water supplies of the city of Prescott 
and the Yavapai-Prescott Tribe so as to enable the Tribe to 
utilize fully its water entitlements in developing a diverse, 
efficient reservation economy; and 
(10) the assignment of the CAP contract of the Yavapai-
Prescott Tribe and the CAP subcontract of the city of Prescott 
is a cost-effective means to ensure reliable, long-term water 
supplies for the Yavapai-Prescott Tribe and to promote efficient, 
environmentally sound use of available water supplies in the 
Verde River basin. 
(b) DECLARATION OF PURPOSES.—The Congress declares that 
the purposes of this title are— 
(1) to approve, ratify and confirm the Settlement Agree-
ment among the Yavapai-Prescott Tribe, the city of Prescott, 
the Chino Valley Irrigation District, the State of Arizona and 
the United States; 
(2) to authorize and direct the Secretary of the Interior 
to execute and perform the Settlement Agreement; 
(3) to authorize the actions and appropriations necessary 
for the United States to fulfill its legal and trust obligations 
to the Yavapai-Prescott Tribe as provided in the Settlement 
Agreement and this title; 
(4) to require that expenditures of funds obtained through 
the assignment of CAP contract entitlements by the Yavapai-
Prescott Tribe and Prescott for the acquisition or development 
of replacement water supplies in the Verde River basin shall 
not be inconsistent with the goals of the Prescott Active 
Msinagement Area, preservation of riparian habitat, flows £ind 
biota of the Verde River and its tributaries; and 
(5) to repeal section 406(k) of Public Law 101-628 which 
authorizes $30,000,000 in appropriations for the acquisition 
of land and water resources in the Verde River basin and 
for the development thereof as an alternative source of water 
for the Fort McDowell Indian Commimity. 
SEC. 103. DEFINITIONS. 
For purposes of this title: 
108 STAT. 4528 
PUBLIC LAW 103-434—OCT. 31, 1994 
(1) The term "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.). 
(2) The term "CAWCD" means the Central Arizona Water 
Conservation District, organized under the laws of the State 
of Arizona, which is the contractor under a contract with the 
United States, dated December 1, 1988, for the delivery of 
water and repayment of costs of the Central Arizona Project. 
(3) The term "CVID" means the Chino Valley Irrigation 
District, an irrigation district organized under the laws of the 
State of Arizona. 
(4) The term "Prescott AMA" means the Active Manage-
ment 
Area, 
established 
pursuant 
to Arizona 
law 
and 
encompassing the Prescott ground water basin, wherein the 
primary goal is to achieve balance between annual ground 
water witndrawals and natural and artificial recharge by the 
year 2025. 
(5) The term "Prescott" means the city of Prescott, an 
Arizona municipal corporation. 
(6) The term "Reservation" means the reservation estab-
Hshed by the Act of June 7, 1935 (49 Stat. 332) and the 
Act of May 18, 1956 (70 Stat. 157) for the Yavapai-Prescott 
Tribe of Indians. 
(7) The term "Secretary" means the Secretary of the United 
States Department of the Interior. 
(8) The term "Settlement Agreement" means that agree-
ment entered into by the city of Prescott, the Chino Valley 
Irrigation District, the Yavapai-Prescott Indian Tribe, the State 
of Arizona, and the United States, providing for the settlement 
of all water claims between and among them. 
(9) The term "Tribe" means the Yavapai-Prescott Indian 
Tribe, a tribe of Yavapai Indians duly recognized by the Sec-
retary. 
(10) The term "Water Service Agreement" means that 
agreement between the Yavapai-Prescott Indian Tribe and the 
city of Prescott, as approvea by the Secretary, providing for 
water, sewer, and effluent service from the city of Prescott 
to the Yavapai-Prescott Tribe. 
SEC. 104. RATIFICATION OF SETTLEMENT AGREEMENT. 
(a) APPROVAL OF SETTLEMENT AGREEMENT.—TO the extent the 
Settlement Agreement does not conflict with the provisions of this 
title, such Agreement is approved, ratified and confirmed. The 
Secretary shall execute and perform such Agreement, and shall 
execute any amendments to the Agreement and perform any action 
required by any amendments to the Agreement which may be 
mutually agreed upon by the parties. 
(b) PERPETUITY.—^The Settlement Agreement and Water Service 
Agreement shall include provisions which will ensure that the bene-
fits to the Tribe thereunder shall be secure in perpetuity. Notwith-
standing the provisions of section 2103 of the Revised Statutes 
of the United States (25 U.S.C. 81) relating to the term of the 
Agreement, the Secretary is authorized and directed to approve 
the Water Service Agreement with a perpetual term. 
SEC. 105. ASSIGNMENT OF CAP WATER. 
The Secretary is authorized and directed to arrange for the 
assignment of, or to purchase, the CAP contract of the Tribe and 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4529 
the CAP subcontract of the city of Prescott to pro/ide funds for 
deposit into the Verde River Basin Water Fund estabUshed pursu-
ant to section 106. 
SEC. 106. REPLACEMENT WATER FUND; CONTRACTS. 
(a) FUND.—^The Secretary shall estabHsh a fund to be known 
as the "Verde River Basin Water Fund" (hereinafter called the 
"Fund") to provide replacement water for the CAP water relin-
quished by the Tribe £ind by Prescott. Moneys in the Fund shall 
be available without fiscal year limitations. 
(b) CONTENT OF FUND.—^The Fund shall consist of moneys 
obtained through the assignment or purchase of the contract and 
subcontract referenced in section 105, appropriations as authorized 
in section 109, and any moneys returned to the Fund pursuant 
to subsection (d) of this section. 
(c) PAYMENTS FROM FUND.—The Secretary shall, subsequent 
to the publication of a statement of findings as provided in section 
112(a), promptly cause to be paid from the Fund to the Tribe 
the amounts deposited to the Fimd from the assignment or purchase 
of the Tribe's CAP contract, and, to the city of Prescott, the amounts 
deposited to the Fund from the assignment or purchase of the 
city's CAP subcontract. 
(d) CONTRACTS.—^The Secretary shall require, as a condition 
precedent to the payment of any moneys pursuant to subsection 
(c), that the Tribe and Prescott agree, by contract with the Sec-
retary, to establish fcnist accounts into which the payments would 
be deposited and administered, to use such moneys consistent with 
the purpose and intent of section 107, to provide for audits of 
such accounts, £uid for the repajmient to the Fund, with interest, 
any amount determined by the Secretary not to have been used 
within the purpose and intent of section 107. 
SEC. 107. EXPENDITURES OF FUNDS. 
(a) BY THE CITY.—^All moneys paid to Prescott for relinquishing 
its CAP subcontract and deposited into a trust account pursuant 
to section 106(d), shall be used for the purposes of defraying 
expenses associated with the investigation, acquisition or develop-
ment of alternative sources of water to replace the CAP water 
relinquished under this title. Alternative sources shall be under-
stood to include, but not be limited to, retirement of agricultural 
land and acquisition of associated water rights, development of 
ground water resources outside the Prescott Active Management 
Area established pursuant to the laws of the State of Arizona, 
and artificial recharge; except that none of the moneys paid to 
Prescott may be used for construction or renovation of the city's 
existing waterworks or water delivery system. 
(b) BY THE TRIBE.—^All funds paid to the Tribe for relinquishing 
its CAP contract and deposited into a trust account pursuant to 
section 106(d), shall be used to defray its water service costs under 
the Water Service Agreement or to develop and maintain facilities 
for on-reservation water or effluent use. 
(c) No PER CAPITA PAYMENTS.—NO amount of the Tribe's por-
tion of the Fund may be used to make per capita pa)mients to 
any member of the Tribe, nor may any amount of any payment 
made pursuant to section 106(c) be distributed as a dividend or 
per capita pa5anent to any constituent, member, shareholder, direc-
tor or employee of Prescott. 
108 STAT. 4530 
PUBLIC LAW 103-434—OCT. 31, 1994 
(d) DISCLAIMER.—Effective with the payment of funds pursuant 
to section 106(c), the United States shall not be liable for any 
claim or cause of action arising from the use of such funds by 
the Tribe or by Prescott. 
SEC. 108. ENVIRONMENTAL COMPLIANCE. 
The Secretary, the Tribe and Prescott shall comply with all 
applicable Federal environmental and State environmental and 
water laws in developing alternative water sources pursuant to 
section 107(a). Development of such alternative water sources shall 
not be inconsistent with the goals of the Prescott Active Manage-
ment Area, preservation of the riparian habitat, flows and biota 
of the Verde River and its tributaries. 
SEC. 109. APPROPRIATIONS AUTHORIZATION AND REPEAL. 
(a) AUTHORIZATION.—^There are authorized to be appropriated 
to the Fund established pursuant to section 106(a): 
(1) Such sums as may be necessary, but not to exceed 
$200,000, to the Secretary for the Tribe's costs associated with 
judicial confirmation of the settlement. 
(2) Such sums as may be necessary to establish, maintain 
and operate the gauging station required under section 111(e). 
(b) STATE CONTRIBUTION.—The State of Arizona shall contribute 
$200,000 to the trust account established by the Tribe pursuant 
to the Settlement Agreement and section 106(d) for uses consistent 
with section 107(b). 
(c) REPEAL.—Subsection 406(k) of the Act of November 28, 
1990 (Public Law 101-628; 104 Stat. 4487) is repealed. 
SEC. 110. SATISFACTION OF CLAIMS. 
(a) WAIVER.—The benefits realized by the Tribe or any of its 
members under the Settlement Agreement and this title shall con-
stitute full and complete satisfaction of all claims by the Tribe 
and all members' claims for water rights or injuries to water rights 
under Federal and State laws (including claims for water rights 
in ground water, surface water and effluent) from time immemorial 
to the effective date of this title, and for any and all future claims 
of water rights (including claims for water rights in ground water, 
surface water, and effluent) from and after the effective date of 
this title. 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) WAIVER AND RELEASE.—The Tribe, on behalf of itself and 
its members, and the Secretary on behalf of the United States, 
are authorized and required, as a condition to the implementation 
of this title, to execute a waiver and release, except as provided 
in subsection (d) and the Settlement Agreement, of all claims of 
water rights or injuries to water rights (including water rights 
in ground water, surface water and effluent), from and after the 
effective 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 persoij, corporation, 
or municipal corporation, arising under the laws of the United 
States or the State of Arizona. 
(c) WAIVER BY UNITED STATES.—Except as provided in sub-
section (d) and the Settlement Agreement, the United States, in 
its own right or on behalf of the Tribe, shall not assert any claim 
against the State of Arizona or any political subdivision thereof, 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4531 
or against any other person, corporation, or municipal corporation, 
arising under the laws of the United States or the State of Arizona 
based upon water rights or injuries to water rights of the Tribe 
and its members or based upon water rights or injuries to water 
rights held by the United States on behalf of the Tribe and its 
members. 
(d) RIGHTS RETAINED.—In the event the waivers of claims 
authorized in subsection (b) of this section do not become effective 
gursuant to section 112(a), the Tribe, and the United States on 
ehalf of the Tribe, shall retain the right to assert past and future 
water rights claims as to all reservation lands. 
(e) JURISDICTION.—The United States District Court for the 
District of Arizona shall have original jurisdiction of all actions 
arising under this title, the Settlement Agreement and the Water 
Service Agreement, including review pursuant to title 9, United 
States Code, of any arbitration and award under the Water Service 
Agreement. 
(f) CLAIMS.—^Nothing in this title shall be deemed to prohibit 
the Tribe, or the United States on behalf of the Tribe, from asserting 
or mgdntaining any claims for the breach or enforcement of the 
Settlement Agreement or the Water Service Agreement. 
(g) DISCLAIMER.—Nothing in this title shall affect the water 
rights or claims related to any trust allotment located outside 
the exterior boimdaries of the reservation of any member of the 
Tribe. 
(h) FULL SATISFACTION OF CLAIMS.—^Payments made to Prescott 
under this title shall be in full satisfaction for any claim that 
Prescott might have against the Secretary or the United States 
related to the allocation, reallocation, reUnquishment or deUvery 
of CAP water. 
SEC. 111. MISCELLANEOUS PROVISIONS. 
(a) JOINING OF PARTIES.—In the event any party to the Settle-
ment Agreement should file a lawsuit in any United States district 
court relating only and directly to the interpretation or enforcement 
of the Settlement Agreement or this title, naming the United States 
of America or the Tribe as parties, authorization is hereby granted 
to join 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. 
In the event Prescott submits a dispute under the Water Service 
Agreement to arbitration or seeks review by the United States 
District Court for the District of Arizona of an arbitration award 
under the Water Service Agreement, any claim by the Tribe to 
sovereign immunity from such arbitration or review is hereby 
waived. 
(b) No REIMBURSEMENT.—The United States of America shall 
make no claims for reimbursement of costs arising out of the 
implementation of the Settlement Agreement or this title against 
any lands within the Yavapai-Prescott Indian Reservation, and 
no assessment shall be maae with regard to such costs against 
such lands. 
(c) WATER MANAGEMENT.—^The Tribe shall establish a ground 
water management plan for the Reservation which, except to be 
consistent with the Water Service Agreement, the Settlement Agree-
ment and this title, will be compatible with the ground water 
management plan in effect for the Prescott Active Management 
108 STAT. 4532 
PUBLIC LAW 103-434—OCT. 31, 1994 
Area and will include an annual information exchange with the 
Arizona Department of Water Resources. In establishing a ground 
water management plan pursuant to this section, the Tribe may 
enter into a Memorandum of Understanding with the Arizona 
Department of Water Resources for consultation. Notwithstanding 
any other law, the Tribe may establish a tribal water code, consist-
ent with the above-described water management plan, under which 
the Tribe will manage, regulate, and control the water resources 
granted it in the Settlement Act, the Settlement Agreement, and 
the Water Service Agreement, except that such management, regu-
lation and control shall not authorize any action inconsistent with 
the trust ownership of the Tribe's water resources. 
(d) GAUGING STATION.—The Secretary, acting through the 
Geological Survey, shall establish, maintain and operate a gauging 
station at the State Highway 89 bridge across Granite Creek adja-
cent to the reservation to assist the Tribe and the CVID in allocating 
the surface flows from Granite Creek as provided in the Settlement 
Agreement. 
SEC. 112. EFFECTIVE DATE. 
(a) WAIVERS AND RELEASES.—^The waivers and releases required 
by section 110(b) of this title shall become effective as of the 
date the Secretary causes to be published in the Federal Register 
a statement of findings t h a t ^ 
(1)(A) the Secretary has determined that ah acceptable 
party, or parties, have executed contracts for the assignments 
of the Tribe's CAP contract and the city of Prescott's CAP 
subcontract, and the proceeds from the assignments have been 
deposited into the Fund as provided in section 106(d); or 
(B) the Secretary has executed contracts for the acquisition 
of the Tribe's CAP contract Eind the city of Prescott's CAP 
subcontract as provided in section 106(d); 
(2) the stipulation which is attached to the Settlement 
Agreement as exhibit 9.5, has been approved in substantially 
the form of such exhibit no later than December 31, 1995; 
(3) the Settlement Agreement has been modified to the 
extent it is in conflict with this title and has been executed 
by the Secretary; and 
(4) the State of Arizona has appropriated and deposited 
into the Tribe's trust account $200,000 as required by the 
Settlement Agreement. 
(b) DEADLINE.—If the actions described in paragi-aphs (1), (2), 
(3), and (4) of subsection (a) have not occurred by December 31, 
1995, any contract between Prescott and the United States entered 
into pursuant to section 106(d) shall not thereafter be effective, 
and any funds appropriated by the State of Arizona pursuant to 
the Settlement Agreement shall be returned by the Tribe to the 
State of Arizona. 
SEC. 113. OTHER CLAIMS. 
(a) OTHER TRIBES.—Nothing in the Settlement Agreement or 
this title shall be construed in any way to quantify or otherwise 
adversely affect the land and water rights, claims or entitlements 
to water of any Arizona Indian tribe, band or community, other 
than the Tribe. 
(b) FEDERAL AGENCIES.—^Nothing in this title shall be construed 
to affect the water rights or the water rights claims of any Federal 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4533 
agency, other than the Bureau of Indian Affairs on behalf of the 
Tribe. 
TITLE II—AUBURN INDIAN 
RESTORATION 
Auburn Indian 
Restoration Act. 
California. 
SEC. 201. SHORT TITLE. 
25 USC 1300Z 
This title may be cited as the "Auburn Indian Restoration 
Act". 
SEC. 202. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 25 USC 1300/. 
PRIVILEGES. 
(a) FEDERAL RECOGNITION.—^Notwithstanding any other provi-
sion of law, Federal recognition is hereby extended to the Tribe. 
Except as otherwise provided in this title, all laws and regulations 
of general application to Indians or nations, tribes, or bands of 
Indians that are not inconsistent with any specific provision of 
this title shall be apphcable to the Tribe and its members. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as pro-
vided in subsection (d), all rights and privileges of the Tribe and 
its members under any Federal treaty. Executive order, agreement, 
or statute, or under any other authority which were diminished 
or lost under the Act of August 18, 1958 (Public Law 85-671), 
are hereby restored and the provisions of such Act shall be inap-
plicable to the Tribe and its members after the date of enactment 
of this title. 
(c) FEDERAL SERVICES AND BENEFITS.—^Notwithstanding any 
other provision of law and without regard to the existence of a 
reservation, the Tribe and its members shall be eligible, on and 
Eifter the date of enactment of this title, for all Federal services 
and benefits furnished to federally recognized Indian tribes or their 
members. In the case of Federal services available to members 
of federally recognized Indian tribes residing on a reservation, mem-
bers of the Tribe residing in the Tribe's service area shall be 
deemed to be residing on a reservation. 
(d) HUNTING, FISHING, TRAPPING, AND WATER RIGHTS.—Nothing 
in this title shall expand, reduce, or affect in any manner any 
hunting, fishing, trapping, gathering, or water right of the Tribe 
and its members. 
(e) INDIAN REORGANIZATION ACT APPLICABILITY.—The Act of 
June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the 
Tribe and its members. 
if) CERTAIN RIGHTS NOT ALTERED.—Except as specifically pro-
vided in this title, nothing in this title shall alter any property 
right or obligation, any contractual right or obUgation, or any obliga-
tion for taxes levied. 
SEC. 203. ECONOMIC DEVELOPMENT. 
25 USC 1300/-1. 
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Secretary shall— 
(1) enter into negotiations with the governing body of the 
Tribe with respect to establishing a plan for economic develop-
ment for the Tribe; 
(2) in accordance with this section and not later than 
2 years afber the adoption of a tribal constitution as provided 
in section 107, develop such a plan; and 
108 STAT. 4534 
PUBLIC LAW 103-434—OCT. 31, 1994 
(3) upon the approval of such plan by the governing body 
of the Tribe, submit such plan to the Congress, 
(b) RESTRICTIONS.—^Any proposed transfer of real property con-
tained in the plan developed by the Secretary under subsection 
(a) shall be consistent with the requirements of section 104. 
25 use 1300/-2. 
SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST. 
(a) LANDS To B E TAKEN IN TRUST.—The Secretary shall accept 
any real property located in Placer County, California, for the 
benefit of the Tribe if conveyed or otherwise transferred to the 
Secretary if, at the time of such conveyance or transfer, there 
are no adverse legal claims on such property, including outstanding 
liens, mortgages, or taxes owed. The Secretary may accept any 
additional acreage in the Tribe's service area pursuant to the 
authority of the Secretary under the Act of June 18, 1934 (25 
U.S.C. 461 et seq.). 
(b) FORMER TRUST LANDS OF THE AUBURN RANCHERIA.—Subject 
to the conditions specified in this section, real property eligible 
for trust status under this section shall include fee land held 
by the White Oak Ridge Association, Indian owned fee land held 
communally pursuant to the distribution plan prepared and 
approved by the Bureau of Indian Affairs on August 13, 1959, 
and Indian owned fee land held by persons listed as distributees 
or dependent 
members in such distribution 
plan or such 
distributees' or dependent members' Indian heirs or successors in 
interest. 
(c) LANDS TO B E PART OF THE RESERVATION.—Subject to the 
conditions imposed by this section, any real property conveyed 
or transferred under this section shall be taken in the name of 
the United States in trust for the Tribe or, as applicable, an individ-
ual member of the Tribe, and shall be part of the Tribe's reservation. 
25 use 1300Z-3. 
SEC. 205. MEMBERSHIP ROLLS. 
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Within 1 year 
after the date of the enactment of this title, the Secretary shall, 
after consultation with the Tribe, compile a membership roll of 
the Tribe. 
(b) CRITERIA FOR ENROLLMENTS.—(1) Until a tribal constitution 
is adopted pursuEuit to section 207, an individusd shedl be placed 
on the memoership roll if the individual is living, is not an enrolled 
member of another federally recognized Indian tribe, is of United 
Auburn Indian Community ancestry, possesses at least one-eighth 
or more of Indian blood quantum, and if— 
(A) the individual's name was listed on the Auburn Indian 
Rancheria distribution roll compiled and approved by the 
Bureau of Indian Affairs on August 13, 1959, pursuant to 
Public Law 85-671; 
(B) the individual was not listed on, but met the require-
ments that had to be met to be listed on, the Auburn Indian 
Rancheria distribution list compiled and approved by the 
Bureau of Indian Affairs on August 13, 1959, pursuant to 
Pubhc Law 85-671; or 
(C) the individual is a lineal descendant of an individued, 
living or dead, identified in subparagraph (A) or (B). 
(2) After adoption of a tribal constitution pursuant to section 
207, such tribal constitution shall govern membership in the Tribe, 
except that in addition to meeting any other criteria imposed in 
such tribal constitution, any person added to the membership roll 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4535 
shall be of United Auburn Indian Community ancestry and shall 
not be an enrolled member of another federally recognized Indian 
tribe. 
(c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN COMMUNITY 
ANCESTRY.—For the purpose of subsection (b), the Secretary shall 
accept any available evidence establishing United Auburn Indian 
Community ancestry. The Secretary shall accept as conclusive evi-
dence of United Auburn Indian Community ancestry information 
contained in the Auburn Indian Rancheria distribution Ust compiled 
by the Bureau of Indian Affairs on August 13,1959. 
SEC. 206. INTERIM GOVERNMENT. 
25 USC 1300/-4. 
Until a new tribal constitution and bylaws are adopted and 
become effective under section 207, the Tribe's governing body 
shall be an Interim Council. The initial membership of the Interim 
Council shall consist of the members of the Executive Council 
of the Tribe on the date of the enactment of this title, and the 
Interim Council shall continue to operate in the manner prescribed 
for the Executive Council under the tribal constitution adopted 
July 20, 1991, as long as such constitution is not contrary to 
Federal law. Any new members filling vacancies on the Interim 
council shall meet the enrollment criteria set forth in section 205(b) 
and be elected in the same manner as are Executive Council mem-
bers under the tribal constitution adopted July 20,1991. 
SEC. 207. TRIBAL CONSTITUTION. 
25 USC 1300Z-5. 
(a) ELECTION; TIME AND PROCEDURE.—Upon the completion 
of the tribal membership roll under section 205(a) and upon the 
written request of the Interim Council, the Secretary shall conduct, 
by secret ballot, an election for the purpose of adopting a constitu-
tion and bylaws for the Tribe. The election shall be held according 
to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except 
that absentee balloting shall be permitted regardless of voter resi-
dence. 
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—Not later 
than 120 days after the Tribe adopts a constitution and bylaws 
under subsection (a), the Secretary shall conduct an election by 
secret ballot for the purpose of electing tribal officials as provided 
in such tribal constitution. Such election shall be conducted accord-
ing to the procedures specified in subsection (a) except to the 
extent that such procedures conflict with the tribal constitution. 
SEC. 208. DEFINITIONS. 
* 
25 USC 1300/-6. 
For purposes of this title: 
(1) The term "Tribe" means the United Auburn Indian 
Community of the Auburn Rancheria of California. 
(2) The term "Secretary^' means the Secretary of the 
Interior. 
(3) The term "Interim Council" means the governing body 
of the Tribe specified in section 206. 
(4) The term "member" means those persons meeting the 
enrollment criteria under section 205(b). 
(5) The term "State" means the State of California. 
(6) The term "reservation" means those lands acquired 
and held in trust by the Secretary for the benefit of the Tribe 
pursuant to section 204. 
108 STAT. 4536 
PUBLIC LAW 103-434—OCT. 31, 1994 
(7) The term "service area" means the counties of Placer, 
Nevada, Yuba, Sutter, El Dorado, £ind Sacramento, in the State 
of California. 
25 use 1300/-7. 
SEC. 209. REGULATIONS. 
The Secretary may promulgate such regulations as may be 
necessary to carry out the provisions of this title. 
TITLE III—CENTRAL UTAH PROJECT 
SEC. 301. APPLICATION OF THE WARREN ACT. 
(a) AUTHORITY.—The Secretary of the Interior may— 
(1) enter into contracts with private entities pursuant to 
the Act of February 21, 1911 (commonly known as the "Warren 
Act") (36 Stat. 925 et seq., chapter 141; 43 U.S.C. 523 et 
seq.), for the impounding, storage, and carriage of nonproject 
water for domestic, municipal, fish and wildlife, industrial, 
and other beneficial purposes, using any facilities associated 
with the Central Utah Project, Utah; and 
(2) enter into agreements, under terms and conditions 
authorized for contracts under such Act, with appropriate offi-
cials of other Federal agencies, municipalities, public water 
districts and agencies, and States for impounding, storage, and 
carriage of nonproject water for purposes described in para-
graph (1) using facilities referred to in such paragraph. 
(b) NONPROJECT WATER DEFINED.—In subsection (a), the term 
"nonproject water" means water that is not from a Federal Reclama-
tion project. 
SEC. 302. UTAH RECLAMATION MITIGATION AND CONSERVATION 
COMMISSION. 
Section 301(d) of Public Law 102-575 (106 Stat. 4626) is amend-
ed by adding the following new paragraph at the end: 
"(8) Any employee of the District or member of the Board 
of Directors of the District may serve as a member of the Commis-
sion.". 
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TITLE IV—MOUNTAIN PARK PROJECT 
1994 
Oklahoma. 
ggc. 401. SHORT TITLE. 
This title may be cited as the "Mountain Park Project Act 
of 1994". 
SEC. 402. MODIFICATION OF MOUNTAIN PARK PROJECT. 
43 use 6l6aaaa. 
(a) IN GENERAL.—^The first section of the Act entitled "An 
Act to authorize the Secretary of the Interior to construct, operate, 
and maintain the Mountain Park reclamation project, Oklahoma, 
and for other purposes" (Public Law 90-503; 82 Stat. 853) is amend-
ed by striking out "and controlling floods." and inserting in lieu 
thereof "controlling floods, and environmental quality activities. 
As used in this Act, the term 'environmental quality activity means 
any activity that primarily benefits the quality of natural environ-
mental resources. . 
(b) REALLOCATION OF PROJECT COSTS.—Such Act is further 
amended by adding at the end the following new section: 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4537 
"SEC. 7. (a)(1) Not later than 180 days after the date of enact- 43 USC 
ment of the Mountain Park Project Act of 1994, the Secretary 
^i^««-^ 
of the Interior (referred to in this section as the 'Secretary') shall— 
"(A) conduct appropriate investigations to 
determine 
environmental quality activities that could be carried out for 
the Mountain Park project; and 
"(B) on the basis of the determination made under subpara-
graph (A), make an appropriate reallocation of the costs of 
the project under sections 2 and 3 (referred to in this section 
as 'project costs') to accommodate the environmental quality 
activities that the Secretary authorizes pursuant to this sub-
section. 
"(2) In conducting investigations under this subsection, the 
Secretary shall examine the benefits to natural environmental 
resources achievable from an environmental quality activity that 
requires reallocating water or using facilities or land of the Moun-
tain Park project, including any of the following activities: 
"(A) Developing in-stream flows. 
c
i < 
"(B) Developing wetland habitat. 
"(C) Any other environmental quality activity that the Sec-
retary determines to be appropriate to benefit the overall qual-
ity of the environment. 
"(b)(1) Upon completion of the investigations under subsection 
(a)(2), the Secretary shall carry out the following: 
"(A) The preparation of a proposed reallocation of project 
costs in conformance with subsection (a)(1)(B). 
"(B) Negotiations with the Mountain Park Master Conser-
* vancy District (referred to in this section as the 'District') 
to amend the contract executed by the District pursuant to 
this Act to adjust the obligation of the District to repay project 
costs, as described in section 2, to reflect the reallocation of 
nonreimbursable project costs. 
"(2) For the purposes of paragraph (1), project costs associated 
with an environmentgJ quality activity specified by the Secretary 
pursuant to subsection (a)(2) shall be nonreimbursable project costs. 
"(c)(1) Notwithstanding any other provision of this Act, the 
Secretary is authorized to accept prepayment of the repajnnent 
obligation of the District for the reimbursable construction costs 
of the project allocated to municipal and industrial water supply 
for the city of Altus, Oklahoma, the city of Frederick, Oklahoma, 
or the city of Snyder, Oklahoma (or any combination thereof), 
and, upon receipt of such prepayment, the District's obligation 
to the United States shall be reduced by the amount of such 
costs, and any security held therefor, shall be released by the 
Secretary. 
"(2) Any prepa3nnient made pursuant to subsection (c)(1) shall 
realize to the United States an amount calculated by discounting 
the remaining repayment obligation by the interest rate determined 
in accordance with subsection (d). 
"(d)(1) The Secretary of the Treasury shall determine the 
interest rate in accordance with the guidelines set forth in Circular 
A-129 issued by the Office of Management and Budget and the 
Department of Treasury Financial Manual. In determining the 
interest rate, the Secretary shall consider the price of the District's 
obligation if it were to be sold on the open market to a third 
party. 
108 STAT. 4538 
PUBLIC LAW 103-434—OCT. 31, 1994 
"(2) If the District uses tax-exempt financing to finance a 
prepayment under subsection (c)(1), then the interest rate by which 
the Secretary discounts the remaining payments due on the Dis-
trict's obligation shall be adjusted by an amount that compensates 
the United States for the direct or indirect loss of future tax 
revenues. 
"(e) Notwithstanding any payment made by the District pursu-
ant to this section or pursuant to any contract with the Secretary, 
title to the project facilities shall remedn with the United States.". 
(c) 
REPEAL.—Section 
3101 of the 
Reclamation 
Projects 
Authorization and Adjustment Act of 1992 (Public Law 102-^75; 
106 Stat. 4698) is repealed. 
Texas. 
TITLE V—SAN ANGELO FEDERAL 
RECLAMATION PROJECT 
SEC. 601. INCREASE IN IRRIGABLE ACREAGE. 
43USC6150. 
(a) IN GENERAL.—The first section of the Act entitled "An 
Act to provide for the construction by the Secretary of the Interior 
of the San Angelo Federal reclamation project, Texas, and for other 
purposes", approved August 16, 1957 (71 Stat. 372), is amended 
by striking "ten thousand acres" and inserting "fifteen thousand 
acres". 
(b) AMENDMENT TO CONTRACT.—The Secretary of the Interior 
is authorized to amend contract numbered 14-06-500-369 to reflect 
the amendment made by subsection (a), except that such amend-
ment shall not be construed to require a change in the proportionate 
amount of all remaining payments due and payable to the United 
States by Tom Green County Water Control Improvement District 
No. 1. 
Wyoming 
TITLE VI—SHOSHONE FEDERAL 
RECLAMATION PROJECT 
SEC. 601. CONVEYANCE TO THE BIG HORN COUNTY SCHOOL DISTRICT. 
The Secretary of the Interior shall convey, by quit claim deed, 
to the Big Horn County School District, Wyoming, all right, title, 
and interest of the United States in and to the following described 
lands in Big Horn County, Wyoming: Lot 18 of Block 22, Lots 
1-6 of Block 25, all of Block 21, and all within the town of Frannie, 
Wyoming, in the Sy2NWV4NWV4 and Ny2SWy4NWV4 of T. 58N., 
R. 97 W., Big Horn County. 
TITLE VII—LAKE POWELL 
SEC. 701. ELIMINATION OF 24-HOUR RESTRICTION. 
The second sentence of section 104(c) of the Reclamation Devel-
opment Act of 1974 (Public Law 93^93; 88 Stat. 1488) is amended 
by striking "or three million gallons of water in any twenty-four-
hour period,". 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4539 
TITLE VIII—MNI WICONI RURAL WATER 
SUPPLY PROJECT 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Mni Wiconi Act Amendments 
of 1994". 
SEC. 802. REFERENCE. 
Whenever in this title a section or other provision is amended 
or repealed, such amendment or repeal shall be considered to be 
made to that section or other provision of the Mni Wiconi Project 
Act of 1988 (102 Stat. 2566). 
SEC. 803. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Subsection (a) of section 2 (102 Stat. 2566) is 
amended— 
(1) in paragraph (1), by striking "Reservation" and inserting 
"Reservation, Rosebud Indian Reservation, and Lower Brule 
Indian Reservation"; 
(2) by redesignating paragraphs (3), (4), and (5) as para-
! graphs (4), (5), and (6), respectively, and by inserting after 
paragraph (2) the following new paragraph: 
'^3) the lack of water supplies on the Rosebud Reservation 
and Lower Brule Reservation restrict efforts to promote eco-
nomic development on those reservations;"; 
(3) in paragraph (5), as redesignated by paragraph (2) 
of this subsection, by striking "Reservation;" and inserting "Res-
ervation, Rosebud Indian Reservation, and Lower Brule Indian 
Reservation;"; and 
(4) in paragraph (6), as redesignated by paragraph (2) 
e, 
of this subsection, by inserting "Rosebud Indian Reservation 
and Lower Brule Indian Reservation," after "Reservation,". 
(b) PURPOSE.—Subsection (b) of section 2 (102 Stat. 2566) is 
amended by inserting ", Rosebud Indian Reservation, and Lower 
Brule Indian Reservation" after "Reservation" each place it appears. 
SEC. 804. OGLAIA SIOUX RURAL WATER SUPPLY SYSTEM. 
(a) AUTHORIZATION.—Subsection (a) of section 3 (102 Stat. 2567) 
is amended— 
(1) in the matter preceding paragraph (1), by striking 
"1988." and inserting "1988, and as more specifically described 
in the Final Engineering Report dated May, 1993."; and 
(2) by amending paragraph (3) to read as follows: 
"(3) facilities to allow for interconnections with the West 
River Rural Water System, Lyman-Jones Rural Water System, 
Rosebud Sioux Rural Water System, and Lower Brule Sioux 
Rural Water System;". 
(b) CONSTRUCTION REQUIREMENTS.—Subsection (d) of such sec-
tion (102 Stat. 2568) is amended— 
(1) by striking "West River Rural Water System, and the 
Lyman-Jones Rural Water System,"; and by inserting "West 
River Rural Water System, the Lyman-Jones Rural Water Sys-
tem, the Rosebud Sioux Rural Water System, and the Lower 
Brule Sioux Rural Water System,"; and 
(2) by striking "three systems" and inserting "five systems 
authorized under this Act". 
Mni Wiconi Act 
Amendments of 
1994. 
108 STAT. 4540 
PUBLIC LAW 103-434—OCT. 31, 1994 
(c) TITLE TO SYSTEM.—Subsection (e) of such section (102 Stat. 
2568) is amended by inserting "or encumbered" after "transferred". 
SEC. 805. WEST RIVER RURAL WATER SYSTEM AND LYMAN^ONES 
RURAL WATER SYSTEM. 
102 Stat. 2568. 
Section 4(a) of the Act is amended— 
(1) in paragraph (2), by striking out "65 per centum" and 
inserting in lieu thereof "80 percent"; and 
(2) in paragraph (3), by striking out "35 per centum" and 
inserting in Ueu thereof "20 percent". 
SEC. 806. ROSEBUD SIOUX RURAL WATER SYSTEM AND LOWER BRULE 
SIOUX RURAL WATER SYSTEM. 
The Act is amended by inserting after section 3 the following: 
"SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM. 
"(a) AUTHORIZATION.—^The Secretary is authorized and directed 
to plan, design, construct, operate, maintain, and replace a munici-
pal, rural, and industrial water system, to be known as the Rosebud 
Sioux Rural Water System, as generally described in the Rosebud 
Sioux Tribe Municipal, Rural and Industrial Water Needs Assess-
ment, dated July 1993, and the Final Engineering Report for the 
Mni Wiconi Rural Water Supply Project dated May, 1993. The 
Rosebud Sioux Rural Water system shall consist of— 
"(1) necessary pumping and treatment facilities; 
"(2) pipelines extending from the points of interconnections 
with the Oglala Sioux Rural Water System to the Rosebud 
Indian Reservation; 
"(3) facilities to allow for interconnections with the Lyman-
Jones Rural Water Supply System; 
"(4) distribution and treatment facilities to serve the needs 
of the Rosebud Indian Reservation, and other areas described 
in the Rosebud Sioux Tribe Municipal, Rural and Industrial 
Water Needs Assessment, dated July 1993, including (but not 
limited to) the purchase, improvement and repair of existing 
water systems, including systems owned by individual trib^ 
members and other residents of the Rosebud Indian Reserva-
tion; 
"(5) appurtenant buildings and property rights; 
"(6) necessary property and property rights; 
"(7) electrical power transmission £uid distribution facilities 
necessary for services to water systems facilities; and 
"(8) such other pipelines, pumping plants, and facilities 
as the Secretary deems necessary and appropriate to meet 
the water supply, economic, public health, and environmental 
needs of the reservation, including (but not limited to) water 
storage tanks, water lines, guid other facilities for the Rosebud 
Sioux Tribe and reservation villages, towns, and municipalities. 
"(b) AGREEMENT WITH NON-FEDERAL ENTITY TO PLAN, DESIGN, 
CONSTRUCT, OPERATE AND MAINTAIN THE ROSEBUD SIOUX RURAL 
WATER SUPPLY SYSTEM.— 
"(1) In carrying out subsection (a), the Secretary, with 
the concurrence of the Rosebud Sioux Tribal Council, shall 
enter into cooperative agreements with the appropriate non-
Federal entity or entities for planning, designing, constructing, 
operating, maintaining, and replacing the Rosebud Sioux Rural 
Water System. 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4541 
"(2) Such cooperative agreements shall set forth, in a man-
ner acceptable to the Secretary— 
"(A) the responsibilities of the parties for needs assess-
ment, feasibility, and environmentsd studies; engineering 
and design; construction; water conservation measures; and 
administration of any contracts with respect to this 
subparagraph; 
"(B) the procedures and requirements for approval and 
acceptance of such design and construction; and 
(C) the rights, responsibilities, and liabilities of each 
party to the agreement. 
(3) Such cooperative agreements may include purchase, 
improvement, and repair of existing water systems, including 
systems owned by individual tribal members and other resi-
dents located on the Rosebud Indian Reservation. 
"(4) The Secretary may unilaterally terminate any coopera-
tive agreement entered into pursuant to this section if the 
Secretary determines that the quality of construction does not 
meet all standards established for similar facilities constructed 
by the Secretary or that the operation and maintenance of 
the system does not meet conditions acceptable to the Secretary 
for fulfilling the obligations of the United States to the Rosebud 
Sioux Tribe, 
"(5) Upon execution of any cooperative agreement author-
ized under this section, the Secretary is authorized to transfer 
to the appropriate non-Federal entity, on a nonreimbursable 
basis, the funds authorized to be appropriated by section 10(a) 
for the Rosebud Sioux Rural Water System. 
"(c) SERVICE AREA,—The service area of the Rosebud Sioux 
Rural Water System shall extend to all of Todd County, South 
Dakota, and to all other territory and lands generally described 
in the Rosebud Sioux Tribe Municipal, Rural and Industrial Water 
Needs Assessment, dated July 1993 and the Final Engineering 
Report for the Mni Wiconi Rural Water Supply Project dated May 
1993. 
"(d) CONSTRUCTION REQUIREMENTS.—The pumping plants, pipe-
lines, treatment facilities, and other appurtenant facilities for the 
Rosebud Sioux Rural Water System shall be planned and con-
structed to a size sufficient to meet the municipal, rural and indus-
trial water supply requirements of the Rosebud Sioux Tribe and 
the Lyman-Jones Rural Water System, as generally described in 
the Rosebud Sioux Tribe Municipal, Rural and Industrial Water 
Needs Assessment, dated July 1993, and the Final Engineering 
Report for the Mni Wiconi Rural Water Supply Project dated May, 
1993, taking into account the effects of the conservation plans 
described in section 5. The Rosebud Rural Water System and 
L3mian-Jones Rural Water System may be interconnected and pro-
vided with water service from common facilities. Any joint costs 
associated with common facilities shall be allocated to the Rosebud 
Sioux Rural Water System. 
"(e) TITLE TO SYSTEM.—Title to the Rosebud Sioux Rural Water 
System shall be held in trust for the Rosebud Sioux Tribe by 
the United States and shall not be transferred or encumbered 
without a subsequent Act of Congress. 
"(£) TECHNICAL ASSISTANCE.—The Secretary is authorized and 
directed to provide such technical assistance as may be necessary 
to the Rosebud Sioux Tribe to plan, develop, construct, operate, 
108 STAT. 4542 
PUBLIC LAW 103-434—OCT. 31, 1994 
maintain, and replace the Rosebud Sioux Rural Water System, 
including (but not limited to) operation and management training. 
"(g) APPLICATION OF THE INDIAN SELF-DETERMINATION ACT.— 
Planning, design, construction, and operation of the Rosebud Sioux 
Rural Water System shall be subject to the provisions of the Indian 
Self-Determination Act (Pubhc Law 93-638, 25 U.S.C. 450). 
"SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM. 
"(a) AUTHORIZATION.—^The Secretary is authorized and directed 
to plan, design, construct, operate, maintain, and replace a munici-
pal, rural, and industrial water system, to be known as the Lower 
Brule Sioux Rural Water System, as generally described in the 
Final Engineering Report for the Mni Wiconi Rural Water Supply 
Project, dated May 1993. The Lower Brule Sioux Rural Water 
System shall consist of— 
"(1) necessary pumping and treatment facilities; 
"(2) pipelines extending from the points of interconnections 
with the Oglala Sioux Rural Water Supply System to the Lower 
Brule Indian Reservation; 
"(3) facilities to allow for interconnections with the Lyman-
Jones Rural Water Supply System; 
"(4) distribution and treatment faciUties to serve the needs 
of the Lower Brule Indian Reservation, including (but not lim-
ited to) the purchase, improvement and repair of existing water 
systems, including systems owned by individual tribal members 
and other residents of the Lower Brule Indian Reservation; 
"(5) appurtenant buildings and property rights; 
"(6) necessary property and property rights; 
"(7) electrical power transmission and distribution facilities 
necessary for services to water systems facilities; and 
"(8) such other pipelines, pumping plants, and facilities 
as the Secretary deems necessary and appropriate to meet 
the water supply, economic, public health, and environmental 
needs of the reservation, including (but not limited to) water 
storage tanks, water lines, and other facilities for the Lower 
Brule Sioux Tribe and reservation villages, towns and munici-
palities. 
"(b) AGREEMENT WITH NON-FEDERAL ENTITY TO PLAN, DESIGN, 
CONSTRUCT, OPERATE AND MAINTAIN THE LOWER BRULE SIOUX 
RURAL WATER SUPPLY SYSTEM.— 
"(1) In carrying out subsection (a), the Secretary, with 
the concurrence of the Lower Brule Sioux Tribal Council, shall 
enter into cooperative agreements with the appropriate non-
Federal entity or entities for planning, designing, constructing, 
operating, msdntaining, and replacing the Lower Brule Sioux 
Rural Water System. 
"(2) Such cooperative agreements shall set forth, in a man-
ner acceptable to the Secretary— 
"(A) the responsibihties of the parties for needs assess-
ment, feasibility, and environmental studies; engineering 
and design, construction; water conservation measures; and 
administration of any contracts with respect to this 
subparagraph; 
"(B) the procedures and requirements for approval and 
acceptance of such design and construction; and 
"(C) the rights, responsibilities, and liabilities of each 
party to the agreement. 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4543 
"(3) Such cooperative agreements may include purchase, 
improvement, and repair of existing water systems, including 
systems owned by individual tribal members and other resi-
dents located on the Lower Brule Indian Reservation. 
"(4) The Secretary may unilaterally terminate any coopera-
tive agreement entered into pursuant to this section if the 
Secretary determines that the quality of construction does not 
meet all standards established for similar facilities constructed 
by the Secretary or that the operation and maintenance of 
the system does not meet conditions acceptable to the Secretary 
for fulfilling the obligations of the United States to the Lower 
Brule Sioux Tribe. 
"(5) Upon execution of any cooperative agreement author-
ized under this section, the Secretary is authorized to transfer 
^ to the appropriate non-Federal entity, on a nonreimbursable 
basis, the funds authorized to be appropriated by section 10(a) 
for the Lower Brule Sioux Rural Water System. 
"(c) SERVICE AREA.—^The service area of the Lower Brule Sioux 
Rural Water System shall be the boundaries of the Lower Brule 
Indian Reservation. 
"(d) CONSTRUCTION REQUIREMENTS.—The pumping plants, pipe-
lines, treatment facilities, and other appurtenant facilities for the 
Lower Brule Sioux Rural Water System shall be planned and con-
structed to a size sufficient to meet the municipal, rural, and 
industrial water supply requirements of the Lower Brule Sioux 
Tribe and the Lyman-Jones Rural Water System, as generally 
described in the Final Engineering Report of the Mni Wiconi Rural 
Water Supply Project, dated May 1993, taking into account the 
effects of the conservation plans described in section 5. The Lower 
Brule Sioux Rural Water System and Lyman-Jones Rural Water 
System may be interconnected and provided with water service 
from common facilities. Any joint costs associated with common 
facilities shall be allocated to the Lower Brule Sioux Rural Water 
System. 
"(e) TITLE TO SYSTEM.—Title to the Lower Brule Sioux Rural 
Water System shall be held in trust for the Lower Brule Sioux 
Tribe by the United States and shall not be transferred or encum-
bered without a subsequent Act of Congress. 
"(f) TECHNICAL ASSISTANCE.—The Secretary is authorized and 
directed to provide such technical assistance as may be necessary 
to the Lower Brule Sioux Tribe to plan, develop, construct, operate, 
maintain, and replace the Lower Brule Sioux Rural Water System, 
including (but not limited to) operation and msinagement training. 
"(g) APPLICATION OF THE INDL\N SELF-DETERMINATION ACT.— 
Planning, design, construction, and operation of the Lower Brule 
Sioux Rural Water System shall be subject to the provisions of 
the Indian Self-Determination Act (Public Law 93-638, 25 U.S.C. 
450).'. 
SEC. 807. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES 
RURAL WATER SYSTEM. 
(a) SERVICE AREA.—Subsection (d) of section 4 (102 Stat. 2569) 
is amended by striking the period at the end thereof and inserting 
", and Final Engineering Report dated May 1993.". 
(b) 
INTERCONNECTION 
OF 
FACILITIES 
AND 
WAIVER 
OF 
CHARGES.—Section 4 of the Act (102 Stat. 2568) is amended by 
108 STAT. 4544 
PUBLIC LAW 103-434—OCT. 31, 1994 
redesignating subsection (f) as subsection (g) Eind inserting after 
subsection (e) the following new subsection: 
"(0 
INTERCONNECTION 
OF 
FACILITIES 
AND WAIVER OF 
CHARGES.—^The Secretary is authorized to interconnect the L3maian-
Jones Rural Water System, and the West River Rural Water Sys-
tem, with each of the other systems authorized under this Act, 
£ind to provide for the deUvery of water to the West River Rural 
Water System, and Lyman-Jones Rural Water System, without 
ch£irge or cost, from the Missouri River and through common facili-
ties of the Oglala Sioux Rural Water Supply System, Rosebud 
Rural Water System and Lower Brule Rural Water System.". 
SEC. 808. WATER CONSERVATION. 
Section 5 of the Act (102 Stat. 2570) is amended by striking 
"The non-Federal parties (including the Oglala Sioux Tribe)" and 
inserting "Each non-Federal party (including the Oglala Sioux Tribe, 
Rosebud Sioux Tribe, and Lower Brule Sioux Tribe/'. 
SEC. 809. MITIGATION OF FISH AND WILDLIFE LOSSES. 
Section 6 of the Act (102 Stat. 2570) is amended— 
(1) in subsection (a)— 
(A) by inserting ", ROSEBUD Sioux RURAL WATER SUP-
PLY SYSTEM, LOWER BRULE SIOUX RURAL WATER SUPPLY 
SYSTEM," after "SUPPLY SYSTEM"; and 
(B) by inserting "Rosebud Sioux Rural Water Supply 
System, Lower Brule Sioux Rural Water Supply System," 
after "Supply System,"; and 
(2) in subsection (b)— 
(A) by inserting ", all Indian tribes residing on reserva-
tions within the State of South Dakota," after "South 
Dakota"; 
(B) by inserting "and terrestrial" after "wildlife"; 
(C) by striking "Such plans" and inserting "Such rec-
ommendations"; and 
(D) by adding at the end the following: 
'The Indian tribes shall be afforded an opportunity to review and 
concur within any recommendations aftiecting their reservations 
before they are submitted to Congress.". 
SEC. 810. PROHIBITION OF USE OF FUNDS FOR IRRIGATION PURPOSES. 
Section 7 of the Act (102 Stat. 2570) is amended by striking 
"Supply System," £ind inserting "Supply System, the Rosebud Sioux 
Rural Water Supply System, the Lower Brule Rural Water Supply 
System,". 
SEC. 811. RULE OF CONSTRUCTION. 
Section 8 of the Act (102 Stat. 2570) is amended— 
(1) by inserting ", Rosebud Sioux Tribe, and Lower Brule 
Sioux Tribe" after 'Tribe"; and 
(2) by striking "or construct" and inserting "construct, 
maintain, or replace". 
SEC. 812. USE OF PICK-SLOAN POWER. 
(a) IN GENERAL.—Subsection (a) of section 9 (102 Stat. 2570) 
is amended by striking "sections 3" and inserting "sections 3, 3A, 
3B,". 
(b) DEFINITIONS.—Subsection (e)(1) of section 9 (102 Stat. 2571) 
is amended by striking "Supply System," and inserting "Supply 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4545 
System, the Rosebud Sioux Rural Water Supply System, the Lower 
Brule Sioux Rural Water Supply System,". 
SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 
Section 10 of the Act (102 Stat. 2571) is amended to read 
as follows: 
"SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
"(a) PLANNING, DESIGN, AND CONSTRUCTION.—There are author-
ized to be appropriated $263,241,000 for the planning, design, and 
construction of the Oglala Sioux Rural Water Supply System, the 
Rosebud Sioux Rural Water Supply System, the Lower Brule Sioux 
Rural Water Supply System, the West River Rural Water Supply 
System, and the L3anan-Jones Rural Water Supply System 
described in sections 3, 3A, 3B, and 4. Such funds are authorized 
to be appropriated only through the end of the year 2003. The 
funds authorized to be appropriated by the first sentence of this 
section, less any amounts previously obligated for the Systems, 
may be increased or decreased by sucn amounts as may be justified 
by reason of ordinary fluctuations in development costs incurred 
after October 1, 1992, as indicated by engineering costs indices 
applicable for the type of construction involved. 
"(b) OPERATION AND MAINTENANCE OF OGLALA SIOUX RURAL 
WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SUPPLY 
SYSTEM AND LOWER BRULE SIOUX RURAL WATER SUPPLY SYSTEM.— 
There are authorized to be appropriated such sums as may be 
necessary for the operation and maintenance of the Oglala Sioux 
Rural Water Supply System, Rosebud Sioux Rural Water Supply 
System and Lower Brule Sioux Rural Water Supply System. The 
operation and maintenance expenses associated with water deliv-
eries to the West River and Lyman-Jones Rural Water Systems 
are a non-Federal responsibility and for such deliveries the Sec-
retary shall enter into a contract with the West River and Lyman-
Jones Systems for the payment of an annual operation and mainte-
nance fee. Such fee shall be based on the incremental operation 
and maintenance costs for water actually delivered each year to 
the West River and Lyman-Jones Rural Water Systems. Such oper-
ation and maintenance payments shall be increased or decreased 
by such amounts as may be justified by reason of ordinary fluctua-
tions as indicated by indices applicable to comparable regional 
rural water supply systems for the type of operation and mainte-
nance involved. 
"(c) WASTE WATER DISPOSAL SYSTEMS FEASIBILITY STUDIES.— 
There is authorized to be appropriated such sums as may be nec-
essary to complete the feasibility studies authorized by section 
15(c).". 
SEC. 814. WATER RIGHTS. 
Paragraph (5) of section 11 (102 Stat. 2571) is amended— 
(1) by inserting "rights, benefits, privileges or claims, 
including" after "affect any"; 
(2) by inserting "Rosebud Sioux Tribe and Lower Brule 
Sioux Tribe," after "Tribe," the first place it appears; 
(3) by striking "the Pine Ridge Indian Reservation" and 
inserting "their respective reservations"; and 
(4) by striking "Tribe," the second place it appears and 
inserting "Tribe, Rosebud Sioux Tribe, Lower Brule Sioux 
Tribe,". 
108 STAT. 4546 
PUBLIC LAW 103-434—OCT. 31, 1994 
SEC. 815. FEASranJTY STUDIES. 
96 Stat. 1181. 
(a) ALTERNATE USES.—Section 3 of Public Law 97-273, as 
amended by section 12(b) of Public Law 100-516 (102 Stat. 2572), 
is amended by striking "Dakota," and inserting "Dakota and all 
Indian tribes residing on reservations within the State of South 
Dakota,". 
(b) WASTE WATER DISPOSAL SYSTEMS.—Section 12 of the 
Act 
(102 Stat. 2572) is amended by adding at the end the following: 
"(c) WASTE WATER DISPOSAL SYSTEMS.—(1) The Secretary is 
authorized and directed, in consultation with the Oglala Sioux 
Tribe, Rosebud Sioux Tribe and Lower Brule Sioux Tribe, to conduct 
feasibility studies on the need to develop waste water disposal 
facilities and systems, and rehabilitate existing waste water dis-
posal facilities and systems, on the Pine Ridge Indian Reservation, 
Rosebud Indian Reservation and Lower Brule Indian Reservation, 
and to report to the Congress the findings of such studies along 
with his recommendations. 
"(2) The feasibility studies authorized under this subsection 
shall be completed and presented to Congress within one year 
after the date that funds are first made available by the Secretary 
to complete the studies.". 
TITLE IX—BELLE FOURCHE 
IRRIGATION PROJECT 
SEC. 901. EXPANSION OF BELLE FOURCHE IRRIGATION PROJECT. 
(a) AUTHORIZATION OF ADDITIONAL ACTIVITIES.—The Act enti-
tled "An Act to authorize rehabilitation of the Belle Fourche irriga-
tion project, and for other purposes." (Public Law 98-157, 97 Stat. 
989) is amended in the first section— 
(1) by striking "That the general" and inserting in lieu 
thereof, so as to appear immediately after and below the enact-
ing clause, the following: 
"SECTION 1. (a) The general plan for"; and 
(2) by adding at the end the following: 
"(b)(1) In addition to the activities authorized under subsection 
(a), the general plan for the Belle Fourche project is modified 
to include the following: 
"(A) Rehabilitation of the following msgor water control 
structures' 
"(i) The Whitewood Siphon, 
"(ii) 2 Belle Fourche dam outlets. 
"(B) Lining at South Canal and rehabilitation of Johnson 
Lateral for water conservation. 
"(C) Replacement or rehabilitation of deteriorated canal 
bridges. 
"(D) Provision of minor lateral rehabilitation and contract 
support work by the Belle Fourche irrigation district. 
"(E) Conduct of a detailed study of project-wide water use 
management and implementation of improved management 
practices for the purpose of achieving optimal conservation 
of water supplies. 
"(2) The Federal share of the cost of activities under this 
subsection, may not exceed $10,500,000. The State share of those 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4547 
costs may not exceed $4,000,000, and shall be paid concurrently 
with Federal expenditures for activities under this subsection.". 
(b) EXTENSION OF REPAYMENT PERIOD.—Section 2(b) of that 
Act is amended by striking "the year in which such amendatory 
97 Stat. 989. 
repayment contract is executed" and inserting "July 1,1995". 
(c) APPLICABLE RATES OF CHARGE AND ASSESSABLE ACREAGE.— 
Section 2(c) of that Act is amended to read as follows: 
"(c)(1) Before July 1, 1995, the rates of charge to land class 
in the unit shall continue to be as established in the November 
29, 1949, repayment contract with the district, as subsequently 
amended and supplemented. On and after July 1, 1995, such rates 
of charge and assessable acreage shall, subject to subsection (d), 
be in accordance with the amortization capacity and classification 
of unit lands as then determined by the Secretary. 
"(2) After final completion of the rehabilitation and betterment 
program authorized by this Act, and at intervals agreed to by 
the Secretary and the Belle Fourche irrigation district, the rates 
of charge and assessable acreage may be amended as determined 
necessary by the Secretary.". 
(d) AUTHORIZATION OF APPROPRIATION.—Section 7 of that Act 97 stat. 990. 
is amended— 
(1) by inserting "(a)" after "SEC. 7."; and 
(2) by adding at the end the following: 
"(b) In addition to amoiints authorized under subsection (a), 
for activities under section 1(b) there are authorized to be appro-
priated $10,500,000, plus or minus such amounts (if any) as may 
be justified by reason of ordinary fluctuations in construction cost 
indexes applicable to types of construction conducted under that 
section.". 
(e) AMENDMENT OF CONTRACT.—The Secretary of the Interior 
and the Belle Fourche irrigation district shall amend the contract 
numbered 5-07-60-WR170 to reflect the amendments made by 
this section. 
TITLE X—UPPER YAMPA WATER 
g
^
^
^
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f 
CONSERVANCY PROJECT 
^,^^^ ^
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SEC. 1001. SHORT TITLE. 
This title may be cited as the "Stagecoach Reservoir Project 
Act of 1994". 
SEC. 1002. SALE OF THE STAGECOACH RESERVOm 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 prepa3anent on, the loan contract described 
in paragraph (2) to the Upper Yampa Water Conservancy Dis-
trict in Colorado (referred to in this title as the "District") 
for the Stagecoach Reservoir Project. 
(2) LOAN CONTRACT.—^The loan contract described in para-
graph (1) is numbered 7-07-40-R0480 and was entered into 
E
ursuant to the Small Reclamation Projects Act of 1956 (43 
r.S.C. 422a et seq.). 
(b) PAYMENT.—^Any agreement negotiated pursueuit to sub-
section (a) shall realize an amount to the Federal Government 
79-194 O—95—35 : QL 3 Part 5 
108 STAT. 4548 
PUBLIC LAW 103-434—OCT. 31, 1994 
calculated by discoiinting the remaining pa)nments due on the loans 
by the interest rate determined pursuant to subsection (c). 
(c) INTEREST RATE.— 
(1) IN GENERAL.—^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 prepayment of loans. 
(2) DETERMINATION.—In determining the interest rate, the 
Secretary— 
(A) shall not equate an appropriate amount of prepay-
ment with the price of the loan if it were to be sold 
on the open market to a third party; and 
(B) shall, in following the guidelines set forth in Cir-
cular 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 perspective of a third party purchasing the 
loan on the open market. 
(3) ADJUSTMENT.—If the borrower or purchaser of the loan 
has access to tax-exempt financing, including 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 pa5rments 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. 
(4) LIMITATION.—^Notwithstsmding any other provision of 
law, the interest rate shall not exceed a composite interest 
rate consisting of the current market yield on Treasury securi-
ties of comparable maturities. 
(5) APPROVAL.—^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 prepa3nnent made pursuant to this title. 
SEC. 1003. TERMINATION AND CONVEYANCE OF RIGHTS. 
Upon receipt of the payment specified in section 1002(b)— 
(1) the obligation of the District under the loan contract 
described in section 1002(a)(2) shall terminate; 
(2) the Secretary of the Interior shall convey all right 
and interest of the United States in the Stagecoach Reservoir 
Project to the District; and 
(3) the District shall absolve the United States, and its 
officers and agents, of any liability associated with the Stage-
coach Reservoir Project. 
SEC. 1004. TERMINATION OF AUTHORITY. 
(a) IN GENERAL.—Subject to subsection (b), the authority 
granted by this title to sell loans shall terminate 2 years after 
the date of enactment of this Act. 
(b) TIME TO RESPOND TO OFFER.—The borrower shall have 
not less than 60 days to respond to any prepayment ofiFer made 
by the Secretary. 
PUBLIC LAW 103-434—OCT. 31, 1994 
TITLE XI—MANCOS PROJECT 
SEC. 1101. SHORT TITLE. 
108 STAT. 4549 
Mancos Project 
Private Power 
Development 
Authorization 
Act of 1994. 
This title may be cited as the "Mancos Project Private Power 
Development Authorization Act of 1994". 
SEC. 1102. FINDINGS. 
Congress finds that— 
(a) development of hydroelectric power at the Mancos 
Project consistent with the Feasibility Report and Engineering 
and Construction Report for the Jackson Gulch Reservoir 
Hydroelectric Project dated April 19, 1991, and revised on May 
13, 1992, and February 10, 1993, by the Mancos Water Conser-
vancy District— 
(1) will be without cost to the United States; 
(2) will not impair the efficiency of the project for 
irrigation purposes; 
(3) will not alter the volume, timing or temperatures 
of flows from the reservoir; and 
(4) is not likely to cause any new or increased adverse 
impacts to any federally listed or candidate species; 
(b) that the Memcos Water Conservancy District is currently 
operating and maintaining faciUties at the Mancos Project and 
that the development of hydroelectric power at the Mancos 
Project consistent with the FeasibiUty Report and Engineering 
and Construction Report for the Jackson Gulch Reservoir 
Hydroelectric Project dated April 19, 1991, revised on May 
13, 1992, and February 10, 1993, by the Mancos Water Conser-
vancy District will not increase operation and maintenance 
costs of the Federal (Government; and 
(c) that any lease of power privileges issued by the Sec-
retary pursuant to this title does not constitute a "contract" 
under section 202(1) of Public Law 97-293 (96 Stat. 1261; 
43 U.S.C. section 390bb) and that nothing in this title is 
intended to make applicable any section of Public Law 97-
293 (96 Stat. 1261; 43 U.S.C. section 390aa et. seq.) that 
would not previously apply. 
SEC. 1103. AUTHORIZATION TO LEASE POWER PRIVILEGES. 
Notwithstanding the provisions of the Water Conservation and 
Utilization Act (16 U.S.C. sections 590y-590z-ll) or any relevant 
provision of the repayment contract Ilr-384, dated July 20, 1942, 
as amended December 22, 1947, the Secretary is authorized to 
enter into a lease of power privileges at the Mancos Project, Colo-
rado, with the Mancos Water Conservancy District. 
SEC. 1104. LEASE CONDITIONS. 
Any such lease of power privileges issued pursuant to section 
1103 of this title shall not exceed a period of forty years and 
shall be consistent with rates charged by the Federal Energy Regu-
latory Commission for comparable sized projects. Moneys derived 
from such lease shall be covered into the reclamation fund in 
accordance with relevant parts of Federal reclamation law, the 
Act of June 17, 1902, and Acts supplementary thereto and amend-
atory thereof (43 U.S.C. 371). 
108 STAT. 4550 
PUBLIC LAW 103-434—OCT. 31, 1994 
SEC. 1105. REVENUES DERIVED FROM POWER DEVELOPMENT. 
Notwithstanding the provisions of the Water Conservation and 
Utilization Act (16 U.S.C. sections 590y-590z-ll) or any relevant 
provision of the repayment contract Ilr-384, dated July 20, 1942, 
as amended December 22, 1947, the Mancos Water Conservancy 
District may receive revenues from the sale of the power generated 
pursuant to such lease of power privilege. 
TITLE XII—YAKIMA RIVER BASIN 
WATER ENHANCEMENT PROJECT 
SEC. 1201. PURPOSES. 
The purposes of this title are— 
(1) to protect, mitigate, and enhance fish and wildUfe 
through improved water management; improved instream 
flows; improved water quality; protection, creation and enhance-
ment of wetlands; and by other appropriate means of habitat 
improvement; 
(2) to improve the reliability of water supply for irrigation; 
(3) to authorize a Yakima River basin water conservation 
program that will improve the efficiency of water delivery and 
use; enhance basin water supplies; improve water quality; pro-
tect, create and enhance wetlands; and determine the amount 
of basin water needs that can be met by water conservation 
measures; 
(4) to realize sufficient water savings from the Yakima 
River Basin Water Conservation Program so that not less than 
40,000 acre-feet of water savings per year are achieved by 
the end of the fourth year of the Basin Conservation Program, 
and not less than 110,000 acre-feet of water savings per year 
are achieved by the end of the eighth year of the program, 
to protect and enhance fish and wildlife resources; and not 
less than 55,000 acre feet of water savings per year are achieved 
by the end of the eighth year of the program for availability 
for irrigation; 
(5) to encourage voluntary transactions among public and 
private entities which result in the implementation of water 
conservation measures, practices, and facilities; and 
(6) to provide for the implementation by the Yakama Indian 
Nation at its sole discretion of (A) an irrigation demonstration 
project on the Yakama Indian Reservation using water savings 
from system improvements to the Wapato Irrigation Project, 
and (B) a Toppenish Creek corridor enhancement project 
integrating agricultural, fish, wildlife, and cultural resources. 
SEC. 1202. DEFINITIONS. 
As used in this title: 
(1) The term "Basin Conservation Plan" means a plan 
for implementing water conservation measures found in the 
various water conservation plans developed under the Basin 
Conservation Program. 
(2) The term "Basin Conservation Program" means the 
Yakima River Basin Water Conservation Program established 
under section 1203(a). 
(3) The term "comprehensive basin operating plan" means 
a plan that will provide guidance to the Yakima Project Super-
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4551 
intendent for operation of the existing Yakima Project as modi-
fied by actions taken pursuant to this title. 
(4) The term "Conservation Advisory Group" means the 
Yakima River Basin Conservation Advisory Group established 
under section 1203(c). 
(5) The term "conserved water" means water saved and 
attributable to the program established under the,Basin Con-
servation Program. 
(6) The term "Irrigation Demonstration Project" means the 
Yakama Indian Reservation Irrigation Demonstration Project 
authorized in section 1204(b). 
(7) The term "nonproratable water" means that portion 
of the total water supply available under provisions of sections 
18 and 19 of Civil Action No. 21 (Federal District Court Judg-
ment of January 31, 1945) that is not subject to proration 
in times of water shortage. 
(8) The term "on-district storage" means small water stor-
age facilities located within the boundaries of an irrigation 
entity, including reregulating reservoirs, holding ponds, or other 
new storage methods which allow for efficient water use. 
(9) The term "proratable water" means that portion of 
the total water supply available under provisions of sections 
18 and 19 of Civil Action No. 21 (Federal District Court Judg-
ment of January 31, 1945) that is subject to proration in times 
of water shortage. 
(10) The term "Secretary" means the Secretary of the 
Interior. 
(11) The term "System Operations Advisory Committee" 
means a group of fishery biologists— 
(A) created by the Yakima Project Superintendent in 
response to the supplemental instructions entitled "Supple-
mentary Instructions to the Water Master", and dated 
November 28, 1980, in the case of Kittitass Reclamation 
District, et al. vs. the Sunnyside Valley Irrigation District, 
et al. (E.D. Wash., Civil No. 21.); 
(B) who advise the Yakima Project Superintendent on 
operations of the Yakima Project for fish and wildlife pur-
poses; and 
(C) who, together with others, were identified for con-
sultation on November 29, 1990, in the amended partial 
summary judgment entered in the basin adjudication (Yak-
ima County Superior Court No. 77-2-01484-5). 
(12) The term "Toppenish Enhancement Project" means 
the Toppenish Creek corridor enhancement project authorized 
by section 1204(c). 
(13) The term "Yakama Indian Nation" means the Confed-
erated Tribes and Bands of the Yakama Indian Nation as 
redesignated under section 1204(g). 
(14) The term 'Takima Project Superintendent" means the 
individual designated by the Regional Director, Pacific North-
west Region, Bureau of Reclamation, to be responsible for the 
operation and management of the Yakima Federal Reclamation 
Project, Washington. 
SEC, 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM. 
(a) ESTABLISHMENT.—(1) The Secretary, in consultation with 
Washington. 
the State of Washington, the Yakama Indian Nation, Yakima River 
108 STAT. 4552 
PUBLIC LAW 103-434—OCT. 31, 1994 
basin irrigators, and other interested parties, shall establish and 
administer a Yakima River Basin Water Conservation Program 
for the purpose of evaluating and implementing measures to 
improve the availability of water supplies for irrigation and the 
protection and enhancement of fish and wildlife resources, including 
wetlands, while improving the quality of water in the Yakima 
Basin. The Secretary may make grants to eligible entities for the 
purposes of carr)dng out this title under such terms and conditions 
as the Secretary may require. Such terms and conditions shall 
include a requirement that all water districts, irrigation districts, 
individuals, or other entities eligible to participate in the Basin 
Conservation Program must equip all surface water delivery sys-
tems within their boundaries with volumetric water meters or 
equally effective water measuring methods within 5 years of the 
date of enactment of this Act. 
(2) Conserved water resulting in whole or in part from the 
expenditure of Federal funds shall not be used to expand irrigation 
in the Yakima Basin, except as specifically provided in section 
1204(a)(3) on the Yakama Indian Reservation. 
(3) The provisions of this section shall not apply to the Yakama 
Indian Nation except as to any funds specifically applied for from 
the Basin Conservation Program. 
(b) FOUR PHASES OF PROGRAM.—The Basin Conservation Pro-
gram shall encourage and provide funding assistance for four phases 
of water conservation, which shall consist of the following: 
(1) The development of water conservation plans, consistent 
with applicable water conservation guidelines of the Secretary, 
by irrigation districts, conservation districts, water purveyors, 
other areawide entities, and individuals not included within 
an areawide entity. 
(2) The investigation of the feasibility of specific potential 
water conservation measures identified in conservation plans. 
(3) The implementation of measures that have been identi-
fied in conservation plans and have been determined to be 
feasible. 
(4) Post implementation monitoring and evaluation of 
implemented measures. 
(c) CONSERVATION ADVISORY GROUP.—(1) Not later than 12 
months after the date of enactment of this Act, the Secretary, 
in consultation with the State of Washington, the Yakama Indian 
Nation, Yakima River basin irrigators, and other interested and 
related parties, shall establish the Yakima River Basin Conserva-
tion Advisory Group. 
(2) Members of the Conservation Advisory Group shall be 
appointed by the Secretary and shall be comprised of— 
(A) one representative 
of the Yakima 
River 
basin 
nonproratable irrigators, 
(B) one representative of the Yakima River basin proratable 
irrigators, 
(C) one representative of the Yakama Indian Nation, 
(D) one representative of environmental interests, 
(E) one representative of the Washington State University 
Agricultural Extension Service, 
(F) one representative of the Department of Wildlife of 
the State of Washington, and 
(G) one individual who shall serve as the facilitator. 
(3) The Conservation Advisory Group shall— 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4553 
(A) provide recommendations to the Secretary and to the 
State of Washington regarding the structure and implementa-
tion of the Basin Conservation Program, 
(B) provide recommendations to the Secretary and to the 
State of Washington regarding the estabUshment of a perma-
nent program for the measurement and reporting of all natural 
flow and contract diversions within the basin, 
(C) structure a process to prepare a basin conservation 
plan as specified in subsection (f), 
(D) provide annual review of the implementation of the 
applicable water conservation guidelines of the Secretary, and 
(E) provide recommendations consistent with statutes of 
the State of Washington on rules, regulations, and administra-
tion of a process to facilitate the voluntary sale or lease of 
water. 
(4) The facilitator shall arrange for meetings of the Conserva-
tion Advisory Group, provide logistical support, and serve as mod-
erator for the meetings. 
(5) The Conservation Advisory Group shall consult an irrigation 
district when considering actions specifically affecting that district. 
For the purposes of this paragraph, an irrigation district includes 
the Yakima Reservation Irrigation District. 
(6) The Conservation Advisory Group shall be nonvoting, seek-
ing consensus whenever possible. If disagreement occurs, any mem-
ber may submit independent comments to the Secretary. The Con-
servation Advisory Group shall terminate 5 years after the date 
of its establishment unless extended by the Secretary. 
(d) COST SHARING.—(1) Except as otherwise provided by this 
title, costs incurred in the four phases of the Basin Conservation 
Program shall be shared as follows: 
Termination 
date. 
Program Phase 
1. Development of water conserva-
tion plans 
2. Investigation of specific water 
conservation measures 
3 and 4. Implementation and post 
implementation monitoring and 
evaluation 
Non-Federal 
State Grant 
50% but not 
more than 
$200,000 
per recipi-
ent 
50% but sum 
of 1 and 2 
not greater 
than 
$200,000 
per recipi-
ent 
17.5% 
Local 
(Residual 
amount if 
any) 
20% after de-
ducting 
State 
funds for 
Item 2 
17.5% 
Federal 
Grant 
50% 
Residual 
amount 
aft«r de-
ducting 
State and 
local funds 
for Item 2 
65.0% 
108 STAT. 4554 
PUBLIC LAW 103-434—OCT. 31, 1994 
(2) The Yakima River Basin Water Enhancement Project is 
a Federal action to improve streamflow and fish passage conditions 
and shall be considered part of a comprehensive program to restore 
the Yakima River basin anadromous fishery resource. Related fish-
ery resource improvement facilities which utilize funding sources 
under the Pacific Northwest Electric Power Planning and Conserva-
tion Act of 1989 (94 Stat. 2697) and independent water-related 
improvements of the State of Washington and other public and 
private entities to improve irrigation water use, water supply, and 
water quality, shall be treated as non-Federal cost share expendi-
tures and shall be consolidated in any final calculation of required 
cost sharing. Within one year of the date of enactment of this 
Act, the Secretary shall enter into a binding cost sharing agreement 
with the State of Washington. The agreement shall describe the 
terms and conditions of specific contributions and other activities 
that may, subject to approval by the Secretary, qualify as non-
Federal cost share expenditures. 
(3) Costs of the Basin Conservation Program related to projects 
on the Yakama Indian Reservation are a Federal responsibility 
and shall be nonreimbursable and not subject to the cost-sharing 
provisions of this subsection. 
(e) ENTITY WATER CONSERVATION PLANS.—TO participate in 
the Conservation Basin Program an entity must submit a proposed 
water conservation plan to the Secretary. The Secretary shall 
approve a water conservation plan submitted under this subsection 
if the Secretary determines that the plan meets the applicable 
water conservation guidelines of the Secretary. 
(f) BASIN CONSERVATION PLAN.—The Conservation Advisory 
Group shall, within 2V2 years after the date of enactment of this 
Act, submit a draft basin conservation plan to the Secretary. 
(g) PUBLIC COMMENT.—The Secretary shall distribute the draft 
basin conservation plan and the entity water conservation plans 
submitted under subsections (e) and (D, respectively, for public 
comment for a 60-day period. 
(h) PUBLICATION OF BASIN CONSERVATION PLAN.—Within 60 
days after the close of the comment period under subsection (g), 
the Secretary shall publish the Basin Conservation Plan which 
plan will provide the basis— 
(1) for prioritizing and allocating funds to implement con-
servation measures under this title; and 
(2) for preparing an interim comprehensive basin operating 
plan under section 1210 of this title as provided for in Pubfic 
Law 96-162 (93 Stat. 1241). 
(i) CONSERVATION MEASURES.—(1) Measures considered for 
implementation in the Basin Conservation Program may include, 
among others, conveyance and distribution system monitoring, auto-
mation of water conveyance systems, water measuring or metering 
devices and equipment, lining and piping of water conveyance and 
distribution systems, on-district storage, electrification of hydraulic 
turbines, tail-water recycling, consolidation of irrigation systems, 
irrigation scheduling, and improvement of on-farm water applica-
tion systems. Basin Conservation Program funds may also be used 
throughout all four phases of the Basin Conservation Program 
to mitigate for adverse impacts of program measures. 
(2) In addition to implementing existing technologies, the Sec-
retary shall encourage the testing of innovative water conservation 
measures. The Secretary shall, to the maximum extent possible 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4555 
under applicable Federal, State, and tribal law, cooperate with 
the State of Washington to facilitate water and water right trans-
fers, water banking, dry year options, the sale and leasing of water, 
and other innovative allocation tools used to maximize the utility 
of existing Yakima River basin water supplies. 
(3) The Secretary may, consistent with applicable law, use 
funds appropriated to carry out this section for the purchase or 
lease of land, water, or water rights from any entity or individual 
willing to limit or forego water use on a temporary or permanent 
basis. Funds used for purchase or lease under this paragraph are 
not subject to the cost sharing provisions of subsection (d). Efforts 
to acquire water should be made immediately upon availability 
of funds to meet the three-year goal specified in section 1205(a)(4) 
to provide water to be used by the Yakima Project Superintendent 
under the advisement of the System Operations Advisory Commit-
tee for instream flow purposes. The use of Basin Conservation 
Program funds under this paragraph are in addition to those specifi-
cally authorized to be appropriated by subsection (j)(4). 
(4) On-farm water management improvements shall be coordi-
nated with programs administered by the Secretary of Agriculture 
and State conservation districts. 
(j) 
AUTHORIZATION OF APPROPRIATIONS.—There is hereby 
authorized to be appropriated to the Secretary, at September 1990 
prices, plus or minus such amounts as may be justified by reason 
of ordinary fluctuations of applicable cost indexes, the following 
amounts for the Basin Conservation Program: 
(1) $1,000,000 for the development of water conservation 
plans. 
(2) $4,000,000 for investigation of specific potential water 
conservation measures identified in conservation plans for 
consideration for implementing through the Basin Conservation 
Program. 
(3) Up to $67,500,000 for design, implementation, post-
implementation monitoring and evaluation of measures, and 
addressing environmental impacts. 
(4) Up to $10,000,000 for the initial acquisition of water 
from willing sellers or lessors specifically to provide instream 
flows for interim periods to facilitate the outward migration 
of anadromous fish flushing flows. Such funds shall not be 
subject to the cost sharing provisions of subsection (d). 
(5) $100,000 annually for the establishment and support 
of the Conservation Advisory Group during its duration. Such 
funds shall be available for travel and per diem, rental of 
meeting rooms, typing, printing and mailing, and associated 
administrative needs. The Secretary and the State of Washing-
ton shall provide appropriate staff support to the Conservation 
Advisory Group. 
SEC. 1204. YAKAMA INDIAN NATION. 
(a) WAPATO IRRIGATION PROJECT IMPROVEMENTS AND APPRO-
PRIATIONS.—(1) The Yakama Indian Nation's proposed system 
improvements to the Wapato Irrigation Project, as well as the 
design, construction, operation, and maintenance of the Irrigation 
Demonstration Project and the Toppenish Creek corridor enhance-
ment project, pursuant to this title shall be coordinated with the 
Bureau of Indian Affairs. 
108 STAT. 4556 
PUBLIC LAW 103-434—OCT. 31, 1994 
(2) There is authorized to be appropriated to the Secretary 
not more than $23,000,000 for the preparation of plans, investiga-
tion of measures, and following the Secretar/s certification that 
such measures are consistent with the water conservation objectives 
of this title, the implementation of system improvements to the 
Wapato Irrigation Project. Funding for further improvements within 
the Wapato Irrigation Project may be acquired under the Basin 
Conservation Program or other sources identified by the Yakama 
Indian Nation. 
(3) Water savings resulting from irrigation system improve-
ments shall be available for the use of the Yakama Indian Nation 
for irrigation and other purposes on the reservation and for protec-
tion and enhancement of fish and wildlife within the Yakima River 
basin. The conveyance of such water through irrigation facilities 
other than the Wapato Irrigation Project shall be on a voluntary 
basis and shall not further diminish the amount of water that 
otherwise would have been delivered by an entity to its water 
users in years of water proration. 
(b) 
IRRIGATION DEMONSTRATION PROJECT APPROPRIATIONS,— 
(1)(A) There is hereby authorized to be appropriated to the 
Secretary— 
(i) at September 1990 prices, plus or minus such amounts 
as may be justified by reason of ordinary fluctuations of 
applicable cost indexes, $8,500,000 for the design and construc-
tion of the Yakama Indian Reservation Irrigation Demonstra-
tion Project; and 
(ii) such sums as may be necessary for the operation and 
maintenance of the Irrigation Demonstration Project, including 
funds for administration, training, equipment, materials, and 
supplies for the period specified by the Secretary, which sums 
are in addition to operation and maintenance funds for wildlife 
and cultural purposes appropriated to the Secretary under other 
authorization. 
(B) Funds may not be made available under this subsection 
until the Yakama Indian Nation obtains the concurrence of the 
Secretary in the construction, management, and administrative 
aspects of the Irrigation Demonstration Project. 
(C) Aft;er the end of the period specified under subparagraph 
(A)(ii), costs for the operation and maintenance of the Irrigation 
Demonstration Project, including funds for administration, training, 
equipment, materials, and supplies referred to in that subpara-
grapn, shall be borne exclusively by the lands directly benefitting 
from the Irrigation Demonstration Project. 
(2) The Irrigation Demonstration Project shall provide for the 
construction of distribution and on-farm irrigation facilities to use 
all or a portion of the water savings, as determined by the Yakama 
Indian Nation, resulting from the Wapato Irrigation Project system 
improvements for— 
(A) demonstrating cost-effective state of the art irrigation 
water management and conservation, 
(B) the training of tribal members in irrigation methods, 
operation, and management, and 
(C) upgrading existing hydroelectric facilities and construc-
tion of additional hydroelectric facilities on the reservation to 
meet irrigation pumping power needs. 
(c) 
ToppENisH 
CREEK 
CORRIDOR 
ENHANCEMENT 
PROJECT 
APPROPRIATIONS.—There is hereby authorized to be appropriated 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4557 
to the Secretary $1,500,000 for the further investigation by the 
Yakama Indian Nation of measures to develop a Toppenish Creek 
corridor enhancement project to demonstrate integration of manage-
ment of agricultural, fish, wildlife, and cultural resources to meet 
tribal objectives and such amount as the Secretary subsequently 
determines is necessary for implementation. There is also author-
ized to be appropriated to the Secretary such sums as may be 
necessary for the operation and maintenance of the Toppenish 
Enhancement Project. 
(d) REPORT.—^Within 5 years of the implementation of the 
Irrigation Demonstration Project and the Toppenish Enhancement 
Project, the Secretary, in consultation with the Yakama Indian 
Nation, shall report to the Committee on Energy and Natural 
Resources of the Senate, the Committee on Natural Resources of 
the House of Representatives, and the Governor of the State of 
Washington on the effectiveness of the conservation, training, miti-
gation, and other measures implemented. 
(e) STATUS OF IMPROVEMENTS AND FACILITIES.—The Wapato 
Irrigation Project system improvements and any specific irrigation 
facility of the Irrigation Demonstration Project (excluding on-farm 
irrigation facilities) and the Toppenish Enhancement Project shall 
become features of the Wapato Irrigation Project. 
(f) TREATMENT OF CERTAIN COSTS.—Costs related to Wapato 
Irrigation Project improvements, the Irrigation Demonstration 
Project, and the Toppenish Enhancement Project shall be a Federal 
responsibility and are nonreimbursable and nonreturnable. 
(g) 
REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA 
INDIAN NATION.— 
(1) REDESIGNATION.—The Confederated Tribes and Bands 
of the Yakima Indian Nation shall be known and designated 
as the "Confederated Tribes and Bands of the Yakama Indian 
Nation". 
(2) REFERENCES.—^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
Confederated Tribes and Bands of the Yakima Indian Nation 
referred to in subsection (a) shall be deemed to be a reference 
to the "Confederated Tribes and Bands of the Yakama Indian 
Nation". 
SEC. 1205. OPERATION OF YAKIMA BASIN PROJECTS. 
(a) WATER SAVINGS FROM BASIN CONSERVATION PROGRAM.— 
(1) The Basin Conservation Program is intended to result in reduc-
tions in water diversions allowing for changes in the present oper-
ation of the Yakima Project to improve stream flow conditions 
in the Yakima River basin. Except as provided by paragraph (5) 
of this subsection and section 1209, commencing with the enactment 
of this title, and notwithstanding that anticipated water savings 
are yet to be realized, the Secretary, upon the enactment of this 
title and acting through the Yakima Project Superintendent, shall 
(A) continue to estimate the water supply which is anticipated 
Fish and 
wildlife. 
Recreation and 
recreational 
areas. 
108 STAT. 4558 
PUBLIC LAW 103-434—OCT. 31, 1994 
to be available to meet water entitlements; and (B) provide instream 
flows in accordance with the following criteria: 
Water Supply Estimate for Period (million acre 
feet): 
April thru 
September 
May thru 
Septem-
ber 
June thru 
September 
July thru 
Septem-
ber 
Target Flow from Date 
of Estimate thru October 
Downstream of (cubic 
feet per second): 
Sunnyside 
Diversion 
Dam 
Prosser Di-
version Dam 
(1) 3.2 
(2) 2.9 
(3) 2.65 
2.9 
2.65 
2.4 
2.4 
2.2 
2.0 
1.9 
1.7 
1.5 
Less than line 3 water supply 
600 
500 
400 
300 
600 
500 
400 
300 
(2) The initial target flows represent target flows at the respec-
tive points. Reasonable fluctuations from these target flows are 
anticipated in the operation of the Yakima Project, except that 
for any period exceeding 24 hours— 
(A) actual flows at the Sunnyside Diversion Dam may 
not decrease to less than 65 percent of the target flow at 
the Sunnyside Diversion Dam; and 
(B) actual flows at the Prosser Diversion Dam may not 
decrease by more than 50 cubic feet per second from the target 
flow. 
(3) The instream flows shall be increased for interim periods 
during any month of April through October to facilitate when nec-
essary the outward migration of anadromous fish. Increased 
instream flows for such interim periods shall be obtained through 
voluntary sale and leasing of water or water rights or from conserva-
tion measures taken under this title. 
(4)(A)(i) Within the three-year period beginning when appro-
priations are first provided to carry out the Basin Conservation 
Program, the instream flow goal in the Yakima River is as follows: 
to secure water which is to be used for instream flows to facilitate 
meeting recommendations of the System Operations Advisory 
Committee for flushing flows or other instream uses. 
(ii) In addition to any other authority of the Secretary to 
provide water for flushing flows, the water required to meet the 
goal specified in clause (i) shall be acquired through the voluntary 
purchase or lease of land, water, or water rights and from the 
development of additional storage capability at Lake Cle Elum 
provided for in section 1206(a). 
(iii) In addition to water required to meet the instream flow 
goal specified in clause (i), the System Operations Advisory Commit-
tee may recommend additional water to meet instream flow goals 
pursuant to judicial actions. 
(B) After the period referred to in subparagraph (A), such 
instream flow goal is modified as follows: 
(i) The goal increases so that the instream target flows 
specified in the table in paragraph (1) increase by 50 cubic 
feet per second for each 27,000 acre-feet of reduced annual 
water diversions achieved through implementation of measures 
under the Basin Conservation Program. Such increases do not 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4559 
apply to actions taken pursuant to section 1204. Such increases 
shall not further diminish the amount of water that otherwise 
would have been delivered by an entity to its water users 
in years of water proration. 
(ii) The goal changes directly with the availability of water 
resulting from Federal expenditures under this title for pur-
chase or lease of water under this title. 
(C) The Yakima Project Superintendent shall maintain an 
account of funded and completed conservation measures taken 
under the Basin Conservation Program. 
(D) No later than March 31 of each calendar year, the Yakima 
Project Superintendent shall meet with the State of Washington, 
Yakama Indian Nation, and Yakima River basin irrigators to mutu-
ally determine total diversion reductions and respective adjustments 
to the target flows referred to in this subsection. The Yakima 
Project Superintendent shall announce such adjustments with the 
announcements of Total Water Supply Available. For the purposes 
of this subparagraph, conserved water will be considered available 
for adjusting target flows in the first year following completion 
of a measure or following a result from the post implementation 
monitoring and evaluation program, as the case may be. 
(5) Operational procedures and processes in the Yakima River 
basin which have or may be implemented through judicial actions 
shall not be impacted by this title. 
(6)(A) Within three years after the date of enactment of this Reports. 
Act, the Secretary shall conduct a study and submit a report with 
recommendations to the appropriate committees of the Congress 
on whether the water supply available for irrigation is adequate 
to sustain the agricultural economy of the Yafcma River basin. 
(B) The target flows provided for under this subsection shall 
be evaluated within three years after the date of enactment of 
this Act by the Systems Operations Advisory Committee for the 
purpose of making a report with recommendations to the Secretary 
and the Congress evaluating what is necessary to have biologically-
based target flows. 
(C) The recommendations and reports under subparagraphs 
(A) and (B) shall provide a basis for the third phase of the Yakima 
River Basin Water Enhancement Project. 
(b) WATER FROM LAKE CLE ELUM.—Water accruing from the 
development of additional storage capacity at Lake Cle Elum, made 
available pursuant to the modifications authorized in section 
1206(a), shall not be part of the Yakima River basin's water supply 
as provided in subsection (aXD. Water obtained from such develop-
ment is exclusively dedicated to instream flows for use by the 
Yakima Project Superintendent as flushing flows or as otherwise 
advised by the System Operations Advisory Committee. Water may 
be carried over from year-to-year in the additional capacity to 
the extent that there is space available. Releases may be made 
fi*om other Yakima Project storage facilities to most effectively 
utilize this additional water, except that water deliveries to holders 
of existing water rights shall not be impaired. 
(c) STATUS OF BASIN CONSERVATION PROGRAM FACILITIES.— 
Measures of the Basin Conservation Program which are imple-
mented on facilities currently under the administrative jurisdiction 
of the Secretary, except as provided in section 1204, shall be consid-
ered features of the Yakima River Basin Water Enhancement 
Project, and their operation and maintenance shall be integrated 
108 STAT. 4560 
PUBLIC LAW 103-434—OCT. 31, 1994 
and coordinated with other features of the existing Yakima Project. 
The responsibihty for operation and maintenance and the related 
costs shall remain with the current operating entity. As appropriate, 
the Secretary shall incorporate the operation and maintenance of 
such facilities into existing agreements. The Secretary shall assure 
that such facilities are operated in a manner consistent with Federal 
and State law and in accordance with water rights recognized 
pursuant to State and Federal law. 
(d) 
WATER 
ACQUIRED 
BY PURCHASE 
AND LEASE.—Water 
acquired from voluntary sellers and lessors shall be administered 
as a block of water separate from the Total Water Supply Available, 
in accordance with applicable Federal and State law. 
(e) YAKIMA PROJECT PURPOSE.—(1) An additional purpose of 
the Yakima Project shall be for fish, wildlife, and recreation. 
(2) The existing storage rights of the Yakima Project shall 
include storage for the purposes of fish, wildUfe, and recreation. 
(3) The purposes specified in paragraphs (1) and (2) shall not 
impair the operation of the Yakima Project to provide water for 
irrigation purposes nor impact existing contracts. 
SEC. 1206. LAKE CLE ELUM AUTHOMZATION OF APPROPRIATIONS. 
(a) 
MODIFICATIONS 
AND IMPROVEMENTS.—There is hereby 
authorized to be appropriated to the Secretary— 
(1) at September 1990 prices, plus or minus such amoimts 
as may be justified by reason of ordinary 
fluctuation 
of 
applicable indexes, $2,934,000 to— 
(A) modify the radial gates at Cle Elum Dam to provide 
an additional 14,600 acre-feet of storage capacity in Lake 
Cle Elum, 
(B) provide for shoreline protection of Lake Cle Elum, 
I f 
and 
(C) construct juvenile fish passage facihties at Cle 
Elum Dam, plus 
(2) such additional amounts as may be necessary which 
may be required for environmental mitigation. 
(b) OPERATION AND MAINTENANCE APPROPRIATIONS.—There is 
hereby authorized to be appropriated to the Secretary such sums 
as may be necessary for that portion of the operation and mainte-
nance of Cle Elum Dam determined by the Secretary to be a 
Federal responsibility. 
SEC. 1207. ENHANCEMENT OF WATER SUPPLIES FOR Y
A
K
E
M
L
A BASIN 
TRIBUTARIES. 
(a) GENERAL PROVISIONS.—The following shall be applicable 
to the investigation and implementation of measures to enhance 
water supplies for fish and wildlife and irrigation purposes on 
tributaries of the Yakima River basin: 
(1) An enhancement program authorized by this section 
undertaken in any tributary shall be contingent upon the agree-
ment of appropriate water right owners to participate. 
(2) The enhancement program authorized by this section 
shall not be construed to affect (A) the water rights of any 
water right owners in the tributary or other water delivering 
entities; (B) the capability of tributary water users to divert, 
convey, and apply water; and (C) existing water and land 
uses within the tributary area. 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4561 
(3) The water supply for tributary enhancement shall be 
administered in accordance with applicable State and Federal 
laws. 
(4) Any enhancement program authorized by this section 
shall be predicated upon the availability of a dependable water 
supply. 
(b) STUDY.—(1) The Secretary, following consultation with the 
State of Washington, the tributary water right owners, and the 
Yakama Indian Nation, and agreement of appropriate water right 
owners to participate, shall conduct a study concerning the meas-
ures that can be implemented to enhance water supplies for fish 
and wildlife and irrigation purposes on Taneum Creek, including 
(but not limited to)— 
(A) water use efficiency improvements; 
(B) the conveyance of water from the Yakima Project 
through the facilities of any irrigation entity willing to contract 
with the Secretary without adverse impact to water users; 
(C) the construction, operation, and maintenance of ground 
water withdrawal facilities; 
(D) contracting with any entity that is willing to voluntarily 
limit or forego present water use through lease or sale of 
water or water rights on a temporary or permanent basis; 
(E) purchase of water rights from willing sellers; and 
(F) other measures compatible with the purposes of this 
title, including restoration of stream habitats. 
(2) In conducting the Taneum Creek study, the Secretary shall 
consider— 
(A) the hydrologic and environmental characteristics; 
(B) the engineering and economic factors relating to each 
measure; and 
(C) the potential impacts upon the operations of present 
water users in the tributary and measures to alleviate such 
impacts. 
(3) The Secretary shall make available to the public for a 
45-day comment period a draft report describing in detail the find-
ings, conclusions, and recommendations of the study. The Secretary 
shall consider and include any comment made in developing a 
final report. The Secretary's final report shall be submitted to Reports 
the Committee on Energy and Natural Resources of the Senate, 
the Committee on Natural Resources of the House of Representa-
tives, and the Grovemor of the State of Washington, and made 
available to the public. 
(c) IMPLEMENTATION OF NONSTORAGE MEASURES.—After secur-
ing the necessary pennits the Secretary may, in cooperation with 
the Department of Ecology of the State of Washington and in 
accordance with the laws of the State of Washington, implement 
nonstorage measures identified in the final report under subsection 
(b) upon fulfillment of the following conditions: 
(1) The Secretary shall enter into an agreement with the 
appropriate water right owners who are wilung to participate, 
tne State of Washington, and the Ysikama Indian Nation, for 
the use and management of the water supply to be provided 
by proposed tributary measures pursuant to tnis section. 
(2) The Secretsury and the State of Washington find that 
the implementation of the proposed tributary measures will 
not impair the water rights of any person or entity in the 
afTected tributary. 
Public 
information. 
Contracts. 
108 STAT. 4562 
PUBLIC LAW 103-434—OCT. 31, 1994 
(d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—Enhancement 
programs similar to the enhancement program authorized by this 
section may be investigated and implemented by the Secretary 
in other tributaries contingent upon the agreement of the appro-
priate tributary water right owners to participate. The provisions 
set forth in this section shall be applicable to such programs. 
(e) AUTHORIZATION OF APPROPRIATIONS.—(1) There is hereby 
authorized to be appropriated to the Secretary $500,000 for the 
study of the Taneum Creek Project and such amount as the Sec-
retary subsequently determines is necessary for implementation 
of tributary measures pursuant to this section. 
(2) There is also authorized to be appropriated to the Secretary 
such funds as are necessary for the investigation of enhancement 
programs similar to the enhancement program authorized by this 
section in other Yakima River basin tributaries contingent upon 
the agreement of the appropriate water right owners to participate. 
Funds for the implementation of any such similar enhancement 
program may not be appropriated until after the Secretary submits 
an investigation report to the appropriate congressional committees. 
SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT-OPER-
ATIONS AT PROSSER DIVERSION DAM. 
(a) AUTHORIZATION OP APPROPRIATIONS FOR ELECTRIFICATION.— 
In order to provide for electrification to enhance instream flows 
by eliminating the need to divert water to operate the hydraulic 
turbines which pump water to the Kennewick Irrigation District, 
there is authorized to be appropriated— 
(1) $50,000 to conduct an assessment of opportunities for 
alternative pumping plant locations; 
(2) $4,000,000 for construction; and 
(3) such sums as may be necessary for the prorata share 
of the operation and maintenance allocated to fish and wildlife 
as determined by the Secretary. 
(b) POWER FOR PROJECT PUMPING.—(1) The Administrator of 
the Bonneville Power Administration shall provide for project power 
needed to effect the electrification as provided in subsection (a). 
(2)(A) There is authorized to be appropriated for the Bureau 
of Reclamation for each fiscal year in which the Administrator 
provides power under this subsection an amount equal to the cost 
to the Bonneville Power Administration of providing power under 
this subsection during such fiscal year. The rate to be utilized 
by the Administrator in determining the cost of power under this 
paragraph in a fiscal year shall be the rate for priority firm power 
charged by the Bonneville Power Administration in that fiscal year 
under section 7(b) of the Pacific Northwest Electric Power Planning 
and Conservation Act (16 U.S.C. 839e(b)). 
(B) The Bureau of Reclamation shall, using funds appropriated 
pursuant to the authorization of appropriations in subparagraph 
(A), reimburse the Bonneville Power Administration for the costs 
of the project power provided under this subsection. Such funds 
shall be available for such purpose without fiscal year limitation. 
(c) SUBORDINATION.—^Any diversions for hydropower generation 
at the Chandler Powerplant shall be subordinated to meet the 
flow targets determined under subsection (f). 
(d) WATER SUPPLY FOR KENNEWICK IRRIGATION DISTRICT.— 
The Secretary shall ensure that the irrigation water supply for 
the Kennewick Irrigation District shall not be EifTected by conserva-
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4563 
tion, electrification, or subordination pursuant to this title £uid 
any reduction in its irrigation water supply resulting fi*om conserva-
tion measures adopted or implemented by other entities pursuant 
to this title shall be replaced by water developed through subordina-
tion, electrification, or a combination of the two. 
(e) TREATMENT OF CERTAIN FUNDS.—^Funds appropriated and 
project 
power 
provided 
pursuant 
to this 
section 
shall 
be 
nonreimbursable since sucn fiinds are used for fish and wildlife 
purposes and such funds are not subject to cost share under section 
1203(d). 
(f) TARGET FLOWS.—^Target flows measured at appropriate 
biological and hydrological location or locations shall be determined 
by the Yakima Project Superintendent in consultation with the 
System Operations Advisory Committee. 
SEC. 1209. AUGMENTATION OF KACHESS RESERVOIR STORED WATER. 
(a) AUTHORIZATION OF APPROPRIATIONS.—In order to augment 
Kachess Reservoir stored water supplies from flows of Cabin Creek 
and Silver Creek which are excess to system demands, there is 
authorized to be appropriated— 
(1) such sums as may be necessary to carry out a feasibility 
study, including the benefits, costs, and environmental aspects, 
of the facility described in paragraph (2); 
(2) for the construction of facilities to convey such flows 
to Kachess Reservoir, $20,000,000; and 
(3) such sums as may be necessary for the pro rata share 
of the operation and maintenance allocated to fish and wildlife 
determined by the Secretary. 
(b) LIMITATION.—Construction of the facilities described in sub-
section (a)(1) is contingent on the completion of the feasibility 
study referred to in subsection (a)(2). 
(c) USE OF ADDITIONAL WATER.—The stored water supplv 
resulting from the construction of facilities under this section shall 
be used by the Secretary to— 
(1) enhance the water supply avEiilable to the Kittitas Rec-
lamation District and the Roza Irrigation District in years 
of proration; and 
(2) facilitate reservoir operations in the Easton Dam to 
Keechelus Dam reach of the Yakima River for the propagation 
of anadromous fish. 
(d) TREATMENT OF COSTS.—The construction and operation and 
maintenance costs of the facilities under this section shall be allo-
cated to irrigation and fishery enhsmcement, as follows: 
(1) The portion of such costs allocated to irrigation is 
reimbursable, with the construction costs to be paid prior to 
initiation of construction by the Kittitas Recleimation District 
and the Roza Irrigation District. 
(2) The portion of such costs allocated to fishery enhance-
ment is nonreimbursable. 
(e) KACHESS DAM MODIFICATIONS.—^There is authorized to be 
Appropriation 
appropriated $2,000,000 for the modification of the discharge faciU- 
authorization, 
ties of Kachess Dam to improve reservoir operations for anadromous 
fish enhancement. Amounts appropriated under this subsection are 
nonreimbursable. 
SEC. 1210. INTERIM COMPREHENSIVE BASIN OPERATING PLAN. 
(a) DEVELOPMENT.—The Secretary shall, in consultation with 
the State of Washington, Yakama Indian Nation, Yakima River 
79-194 0 - 9 5 - 3 6 : QL 3 Part 5 
108 STAT. 4564 
PUBLIC LAW 103-434—OCT. 31, 1994 
Publication. 
Appropriation 
authorization. 
Basin irrigation districts, Bonneville Power Administration, and 
other entities as determined by the Secretary, develop an interim 
comprehensive operating plan for providing a general framework 
within which the Yakima Project Superintendent operates the Yak-
ima Project, including measures implemented under the Yakima 
River Basin Water Enhancement Project, including (but not limited 
to)— 
(1) operating capability and constraints of the system; 
(2) information on water supply calculations and water 
needs; 
(3) system operations and stream flow objectives; and 
(4) the System Operations Advisory Committee activities. 
(b) PROCESS REQUIREMENTS.—^A draft of the interim comprehen-
sive basin operating plan shall be completed within 18 months 
after the completion of the Basin Conservation Plan under section 
1203(0 and, upon completion, published for a 90-day public review 
period. The Secretary shall complete and publish the final interim 
comprehensive operating plan within 90 days after the close of 
the public review period. The Secretary shall update the plan as 
needed to respond to decisions from water adjudications relating 
to the Yakima River basin. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $100,000 to carry out this section. 
SEC. 1211. ENVIRONMENTAL COMPLIANCE. 
There are hereby authorized to be appropriated to the Secretary 
$2,000,000 for environmental compliance activities including the 
conduct, in cooperation with the State of Washington, of an inven-
tory of wildlife and wetland resources in the Yakima River basin 
and an investigation of measures, including "wetland banking", 
which could be implemented to address potential impacts which 
could result from the activities taken under this title. 
SEC. 1212. SAVINGS AND CONTINGENCIES. 
(a) IN GENERAL.—Nothing in this title shall be construed to— 
(1) affect or modify any treaty or other right of the Yakama 
Indian Nation; 
(2) authorize the appropriation or use of water by any 
Federal, State, or local agency, the Yakama Indian Nation, 
or any other entity or individual; 
(3) impair the rights or jurisdictions of the United States, 
the States, the Yakama Indian Nation, or other entities over 
waters of any river or stream or over any ground water 
resource; 
(4) alter, amend, repeal, interpret, modify, or be in conflict 
with any interstate compact made by the States; 
(5) alter, establish, or impair the respective rights of States, 
the United States, the Yakama Indian Nation, or any other 
entity or individual with respect to any water or water-related 
right; 
(6) alter, diminish, or abridge the rights and obligations 
of any Federal, State, or local agency, the Yakama Indian 
Nation, or other entity, public or private; 
(7) affect or modify the rights of the Yakama Indian Nation 
or its successors in interest to, and management and regulation 
of, those water resources arising or used, within the external 
boundaries of the Yakama Indian Reservation; 
PUBLIC LAW 103-434—OCT. 31, 1994 
108 STAT. 4565 
(8) affect or modify the settlement agreement between the 
United States and the State of Washington filed in Yakima 
County Superior Court with regard to Federsd reserved water 
rights other than those rights reserved by the United States 
for the benefit of the Yakama Indian Nation and its members; 
(9) affect or modify the rights of any Federal, State, or 
local agency, the Yakama Indian Nation, or any other entity, 
public or private with respect to any unresolved and unsettled 
claims in any water right adjudications, or court decisions, 
including State against Acquavella, or constitute evidence in 
any such proceeding in which any water or water related right 
is adjudicated; or 
(10) preclude other planning studies and projects to accom-
plish the purposes of this title by other means: funded publicly, 
privately, or by a combination of public and private funding, 
(b) CONTINGENCY BASED ON APPROPRIATIONS.—The perform-
ance of any activity under this title which requires accomplishment 
within a specified period that may require appropriation of money 
by Congress or the allotment of funds shall be contingent upon 
such appropriation or allotment being made. 
TITLE XIII—LIMITATION ON APPLICA-
TION OF REQUIREMENT FOR ACQUI-
SITIONS BY UNITED STATES UNDER 
MIGRATORY 
BIRD 
CONSERVATION 
ACT 
Section 7 of the Migratory Bird Conservation Act (16 U.S.C. 
715f) is amended by inserting "in fee" after "conveyance". 
Approved October 31, 1994. 
LEGISLATIVE HISTORY—S. 1146: 
HOUSE REPORTS: No. 103-812 (Ck)mm. on Natural Resources). 
SENATE REPORTS: No. 103-239 (Coram, on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
July 26, considered and jsassed Senate. 
Oct. 3, considered and passed House, amended. 
Oct. 4, Senate concurred in House amendment.