[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1690 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1690

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 1993

  Mr. Inslee introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. PURPOSES.

    The purposes of this Act are--
            (1) to protect, mitigate, and enhance fish and wildlife 
        through improved water management, improved instream flows, 
        improved water quality, protection, creation and enhancement 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 basin water conservation program 
        that will improve the efficiency of water delivery and use; 
        enhance basin water supplies; improve water quality; protect, 
        create and enhance wetlands; and determine the amount of basin 
        water needs that can be met by water conservation measures;
            (4) to encourage voluntary transactions among public and 
        private entities which result in the implementation of water 
        conservation measures, practices, and facilities; and
            (5) to provide for the implementation by the Yakima Indian 
        Nation at its sole discretion of (A) an irrigation 
        demonstration project on the Yakima 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. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``Basin Conservation Program'' means the 
        Yakima River Basin Water Conservation Program established under 
        section 3(a).
            (2) The term ``Conservation Advisory Group'' means the 
        Yakima River Basin Conservation Advisory Group established 
        under section 3(c).
            (3) The term ``Irrigation Demonstration Project'' means the 
        Yakima Indian Reservation Irrigation Demonstration Project 
        authorized in section 4(b).
            (4) The term ``on-district storage'' means small water 
        storage 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.
            (5) The term ``Secretary'' means the Secretary of the 
        Interior.
            (6) The term ``Toppenish Enhancement Project'' means the 
        Toppenish Creek corridor enhancement project authorized by 
        section 4(c).
            (7) The term ``Yakima Project Superintendent'' means the 
        individual designated by the Regional Director, Pacific 
        Northwest Region, Bureau of Reclamation, to be responsible for 
        the operation and management of the Yakima Federal Reclamation 
        Project, Washington.

SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    (a) Establishment.--The Secretary, in consultation with the State 
of Washington, the Yakima Indian Nation, Yakima River 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 provisions of this section shall not be 
applicable to the Yakima Indian Nation except as to any funds 
specifically applied for from the Basin Conservation Program. The 
Secretary may make grants to eligible entities for the purposes of 
carrying out this Act under such terms and conditions as the Secretary 
may require.
    (b) Four Phases of Program.--The Basin Conservation Program 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 guidelines developed pursuant to subsection (d), 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 
        identified in conservation plans and have been investigated for 
        feasibility.
            (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 Yakima Indian Nation, Yakima River 
basin irrigators, and other interested and related parties, shall 
establish the Yakima River Basin Conservation Advisory Group.
    (2) Members of the Conservation Advisory Group shall be appointed 
by the Secretary and shall be comprised of--
            (A) two representatives of the Yakima River basin 
        irrigators,
            (B) one representative of the Yakima Indian Nation,
            (C) one representative of counties and cities in the Yakima 
        River basin, and
            (D) one representative of environmental interests.
    (3) The Conservation Advisory Group shall--
            (A) provide recommendations to the Secretary regarding the 
        structure and implementation of the Basin Conservation Program,
            (B) assist in the preparation of guidelines for the Basin 
        Conservation Program, as provided for in subsection (d),
            (C) structure a process to integrate specific water 
        conservation measures into a basin conservation plan,
            (D) provide annual review of the implementation of the 
        guidelines, and
            (E) provide recommendations consistent with State statutes 
        on rules, regulations, and administration of a process to 
        facilitate the voluntary sale or lease of water.
The Conservation Advisory Group shall be nonvoting, seeking consensus 
whenever possible. If disagreement occurs, any member may submit 
independent comments to the Secretary. The Conservation Advisory Group 
shall terminate 5 years after the date of its establishment unless 
extended by the Secretary.
    (d) Guidelines.--The Secretary, in cooperation with the State of 
Washington, the Yakima Indian Nation, Yakima River basin irrigators, 
and interested agencies, shall, within 12 months after the Conservation 
Advisory Group is appointed, adopt guidelines to be used in the 
administration of the Basin Conservation Program. The Secretary shall 
establish the guidelines in consultation with the Conservation Advisory 
Group. The Secretary shall submit a detailed report to the Committee on 
Energy and Natural Resources of the Senate, the Committee on Interior 
and Insular Affairs of the House of Representatives, and the Governor 
of the State of Washington on the guidelines. At least 60 days prior to 
the submission of the report on guidelines, the Secretary shall make a 
draft of such report available to the State of Washington, the Yakima 
Indian Nation, Yakima River basin irrigators, related agencies, and the 
public, and establish procedures for timely comments thereon. The 
Secretary shall include a summary of such comments as an appendix to 
such report. The guidelines shall to the extent possible be consistent 
with State funding processes, regulations, and guidelines and shall 
contain, at a minimum, the following:
            (1) Standards for the scope and content of water 
        conservation plans and for feasibility studies of specific 
        measures.
            (2) Eligibility requirements for funding of proposals for 
        conservation plan development, investigation of measures, and 
        implementation.
            (3) Criteria for evaluating and prioritizing proposals for 
        development of conservation plans and investigation of 
        potential measures and implementation, including--
                    (A) the availability of information on water 
                diversions and use in the area for which the measures 
                are proposed;
                    (B) information to be gained and applicability to 
                other areas and programs in the Yakima basin;
                    (C) cost-effectiveness and availability of non-
                Federal funding;
                    (D) the amount of reduced diversions and timing in 
                relation to present diversions;
                    (E) the extent to which each measure will 
                contribute to the improved use of the available water 
                and the reliability of the water supply of the Yakima 
                River basin;
                    (F) post implementation monitoring and evaluation;
                    (G) a plan to mitigate adverse environmental 
                effects;
                    (H) the extent to which proposed measures 
                incorporate the testing of innovative water management 
                techniques and technology;
                    (I) the extent to which proposed measures 
                contribute to the maintenance of the economic viability 
                of agriculture;
                    (J) consistency with applicable laws and Federal, 
                State, tribal, and Yakima River basin water resource 
                policies, goals, and objectives;
                    (K) the existence of or willingness of irrigation 
                entities and other Basin Conservation Program 
                participants to adopt procedures providing for 
                incremental water pricing; and
                    (L) willingness to permanently restrict annual 
                water diversions to a mutually agreed quantity in 
                recognition of securing funding from and 
                accomplishments of the Basin Conservation Program.
            (4) Institutional and economic incentives to increase 
        conservation and to promote more efficient use of water, which 
        shall include the specification of procedures for the voluntary 
        transfer of water within the Yakima River basin.
            (5) Procedures for administration and allocation of funds 
        from the Basin Conservation Program.
            (6) Oversight of the Basin Conservation Program and 
        consultation requirements.
    (e) Cost Sharing.--(1) Costs incurred in the four phases of the 
Basin Conservation Program shall be shared as follows:

      

------------------------------------------------------------------------
                                Non-Federal                             
   Program Phase   ------------------------------------   Federal Grant 
                       State Grant          Local                       
------------------------------------------------------------------------
1. Development of   50% but not more  (Residual amount         50%      
 water               than $200,000     if any)                          
 conservation        per recipient                                      
 plans                                                                  
2. Investigation    50% but sum of 1  20% after         Residual amount 
 of specific water   and 2 not         deducting state   after deducting
 conservation        greater than      funds for Item    state and local
 measures            $200,000 per      2                 funds for Item 
                     recipient                           2              
3 and 4.                   35%               30%               35%      
 Implementation                                                         
 and post                                                               
 implementation                                                         
 monitoring and                                                         
 evaluation                                                             
------------------------------------------------------------------------

    (2) Water and water related resource improvements implemented in 
the Yakima River basin subsequent to and independent of this Act which 
utilize funding from the Bonneville Power Administration under the 
Pacific Northwest Electric Power Planning and Conservation Act of 1980 
(94 Stat. 2697) to enhance fishery resources, 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 expenditures 
under this Act for purposes of the implementation and post-
implementation monitoring and evaluation phases of the Basin 
Conservation Program. Such expenditures shall be limited to 50 percent 
of the non-Federal portion of the total costs incurred in the 
implementation and post-implementation monitoring and evaluation phases 
of the Basin Conservation Program, and such expenditures shall reduce 
the total amount of the non-Federal cost share required for such 
phases.
    (3) Costs of the Basin Conservation Program related to projects on 
the Yakima Indian Reservation are a Federal responsibility and shall be 
nonreimbursable and not subject to the cost-sharing provisions of this 
subsection.
    (f) Public Review.--Water conservation plans recommended for 
funding through the Basin Conservation Program shall be made available 
to the public for a period of at least 30 days for review and comment 
prior to submission to the Secretary. A summary of such comments shall 
be included with the recommendation of the Conservation Advisory Group 
upon transmittal to the Secretary.
    (g) Conservation Measures.--(1) Measures considered for 
implementation in the Basin Conservation Program may include, among 
others, conveyance and distribution system monitoring, automation of 
water conveyance systems, 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 application 
systems. Basin Conservation Program funds may also be used throughout 
all four phases of the Conservation Program to mitigate for adverse 
impacts of program measures.
    (2) In addition to implementing existing technologies, the 
Secretary shall encourage the testing of innovative water conservation 
measures. The Secretary shall, to the maximum extent possible under 
Federal and State law, cooperate with the State of Washington to 
facilitate water and water right transfers, 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.
    (4) On-farm water management improvements shall be coordinated with 
programs administered by the Secretary of Agriculture and State 
conservation districts.
    (h) 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 implementation, post-
        implementation monitoring and evaluation of measures, and 
        addressing environmental impacts.
            (4) Up to $6,000,000 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. Such funds shall not be subject 
        to the cost sharing provisions of subsection (e).
            (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 Washington 
        shall provide appropriate staff support to the Conservation 
        Advisory Group.

SEC. 4. YAKIMA INDIAN NATION.

    (a) Wapato Irrigation Project Improvements and Appropriations.--(1) 
The Yakima Indian Nation's proposed system improvements to the Wapato 
Irrigation Project pursuant to this Act shall be coordinated with the 
Bureau of Indian Affairs.
    (2) There is authorized to be appropriated to the Secretary not 
more than $10,000,000 for the preparation of plans, investigation of 
measures, and following the Secretary's certification that such 
measures are consistent with the water conservation objectives of this 
Act, 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 Yakima Indian Nation.
    (3) Water savings resulting from irrigation system improvements 
shall be available for the use of the Yakima Indian Nation for 
irrigation and other purposes on the reservation and for protection 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.
    (b) Irrigation Demonstration Project Appropriations.--(1) 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, $8,500,000 for the 
design and construction of the Yakima Indian Reservation Irrigation 
Demonstration Project. There is also authorized to be appropriated to 
the Secretary 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. Funds may not be made available 
under this subsection until the Yakima Indian Nation obtains the 
concurrence of the Secretary in the construction, management, and 
administrative aspects of the Irrigation Demonstration Project.
    (2) The Irrigation Demonstration Project shall provide for the 
construction of distribution and on-farm irrigation facilities to use 
water savings 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 
        construction 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 to the Secretary 
$1,500,000 for the further investigation by the Yakima Indian Nation of 
measures to develop a Toppenish Creek corridor enhancement project to 
demonstrate integration of management 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 authorized 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 Yakima Indian Nation, shall report 
to the Committee on Energy and Natural Resources of the Senate, the 
Committee on Interior and Insular Affairs of the House of 
Representatives, and the Governor of the State of Washington on the 
effectiveness of the conservation, training, mitigation, 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 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.

SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.

    (a) Water Savings From Basin Conservation Program.--(1) The Basin 
Conservation Program is intended to result in reductions in water 
diversions allowing for changes in the present operation of the Yakima 
Project to improve streamflow conditions in the Yakima River basin. 
Commencing with the enactment of this Act, and notwithstanding that 
anticipated water savings are yet to be realized, the Secretary shall, 
through the Yakima Project Superintendent, (A) continue to estimate the 
water supply which is anticipated to be available to meet water 
entitlements; and (B) provide instream flows in accordance with the 
following criteria.
      

------------------------------------------------------------------------
        Water Supply Estimate for Period (million     Target Flow from  
                       acre feet):                    Date of Estimate  
     ----------------------------------------------     thru October    
                                                    Downstream of (cubic
                                                      feet per second): 
      April thru   May thru   June thru  July thru ---------------------
       September   September  September  September  Sunnyside   Prosser 
                                                    Diversion  Diversion
                                                       Dam        Dam   
------------------------------------------------------------------------
        (1) 3.2       2.9        2.4        1.9        600        600   
        (2) 2.9      2.65        2.2        1.7        500        500   
       (3) 2.65       2.4        2.0        1.5        400        400   
                                                                        
           Less than line 3 water supply               300        300   
------------------------------------------------------------------------

The figures in the water supply columns shall hereafter in this section 
be referred to as ``full supply''.
    (2) The instream flows represent target flows at the respective 
points. Reasonable fluctuations from these target flows are anticipated 
in the operation of the Yakima Project.
    (3) The instream flows shall be increased for interim periods 
during any month of April through October to facilitate when necessary 
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.
    (4) The Secretary, in cooperation with the State of Washington, the 
Yakima Indian Nation, and Yakima River basin irrigators, shall not less 
than every fifth year after the completion of the first measure of the 
Basin Conservation Program, review the components which comprise the 
full supply. If the actual supply reflects an increase in relation to 
the quantity required to meet irrigation water entitlements and a 
reduction in water diversions which is attributed to the Basin 
Conservation Program, the full supply figures shown in the criteria 
tabulation may be adjusted downward as mutually determined and the 
Yakima Project shall be operated by the Yakima Project Superintendent 
in accordance with such adjusted criteria. Water savings resulting from 
improvements to the Wapato Irrigation Project shall be available for 
use of the Yakima Indian Nation for irrigation and other purposes on 
the reservation and for protection and enhancement of fish and wildlife 
within the Yakima River Basin.
    (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 Act.
    (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 6(a), shall be 
considered a part of the basin's water supply as provided in subsection 
(a)(1). Releases may be made from 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 implemented on facilities 
currently under the administrative jurisdiction of the Secretary, 
except as provided in section 4, shall be considered features of the 
Yakima River Basin Water Enhancement Project, and their operation and 
maintenance shall be integrated and coordinated with other features of 
the existing Yakima Project. The responsibility 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 in accordance with 
the laws of the State of Washington, including Chapter 90.38 Revised 
Code of Washington.
    (e) Appropriation for Chandler Power Canal Operations.--There is 
hereby authorized to be appropriated to the Secretary $480,000 at 
September 1990 prices, plus or minus such amounts as may be justified 
by reason of ordinary fluctuations of applicable cost indexes, for 
facilities to automate the headgate, wasteways, and trashrack of the 
Chandler Power Canal to maintain operating controls for the delivery of 
water to the Kennewick Division as the provisions of subsection (a) are 
implemented.

SEC. 6. LAKE CLE ELUM AUTHORIZATION 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 amounts 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, and
                    (C) construct juvenile fish passage facilities 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 maintenance of Cle Elum 
Dam determined by the Secretary to be a Federal responsibility.

SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA 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 undertaken in any tributary 
        shall be contingent upon the agreement of appropriate water 
        right owners to participate.
            (2) The enhancement program shall not impair (A) the water 
        rights of any water right owners in the tributary; (B) the 
        capability of tributary water users to divert, convey, and 
        apply water; and (C) existing water and land uses within the 
        tributary area.
            (3) The water supply for tributary enhancement shall be 
        administered in accordance with the laws of the State of 
        Washington.
            (4) Any enhancement program 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 Yakima 
Indian Nation, and agreement of appropriate water right owners to 
participate, shall conduct a study concerning the measures 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 
        Act, 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 findings, 
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 the Committee on Energy 
and Natural Resources of the Senate, the Committee on Interior and 
Insular Affairs of the House of Representatives, and the Governor of 
the State, and made available to the public.
    (c) Implementation of Nonstorage Measures.--After securing the 
necessary permits 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 willing to participate, 
        the State of Washington, and the Yakima Indian Nation, for the 
        use and management of the water supply to be provided by 
        proposed tributary measures pursuant to this section.
            (2) The Secretary 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 affected 
        tributary.
    (d) Other Yakima River Basin Tributaries.--Similar enhancement 
programs may be investigated and implemented by the Secretary in other 
tributaries contingent upon the agreement of the appropriate 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 Secretary 
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 the Secretary determines are necessary for the 
investigation of similar enhancement programs in other Yakima River 
basin tributaries contingent upon the agreement of the appropriate 
water right owners to participate. Funds for the implementation of any 
similar enhancement program shall be appropriated to the Secretary 
following the submittal of an investigation report to the appropriate 
congressional committees.

SEC. 8. ENVIRONMENTAL COMPLIANCE.

    (a) NEPA.--Implementation of the provisions of this Act is 
contingent upon compliance by the Secretary with the provisions of the 
National Environmental Policy Act of 1969.
    (b) Authorization of Appropriations.--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 inventory 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 Act.

SEC. 9. SAVINGS PROVISIONS.

    Nothing in this Act shall be construed to--
            (1) affect or modify any treaty or other right of the 
        Yakima Indian Nation;
            (2) authorize the appropriation or use of water by any 
        Federal, State, or local agency, the Yakima Indian Nation, or 
        any other entity or individual;
            (3) impair the rights or jurisdictions of the United 
        States, the States, the Yakima 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 Yakima 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 Yakima Indian 
        Nation, or other entity, public or private;
            (7) affect or modify the rights of the Yakima 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 Yakima Indian Reservation;
            (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 Federal reserved water 
        rights other than those rights reserved by the United States 
        for the benefit of the Yakima Indian Nation and its members; or
            (9) affect or modify the rights of any Federal, State, or 
        local agency, the Yakima 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.

                                 <all>

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