[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1146 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                       October 3, 1994.
      Resolved, That the bill from the Senate (S. 1146) entitled ``An 
Act to provide for the settlement of the water rights claims of the 
Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for other 
purposes'', do pass with the following

                               AMENDMENT:

        Strike out all after the resolving clause and insert:

     TITLE I--YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT

SEC. 101. 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 policy 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 
        reservation 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 
        economies, 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 
        adjudication 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 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 Agreements 
        will be continued in perpetuity, and the Tribe's continued on-
        reservation use of water for municipal and industrial, 
        recreational 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 Agreement 
        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 
        Management Area, preservation of riparian habitat, flows and 
        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 Community.

SEC. 103. DEFINITIONS.

    For purposes of this title:
            (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 Management 
        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 withdrawals 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 
        established 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 agreement 
        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 
        Secretary.
            (10) The term ``Water Service Agreement'' means that 
        agreement between the Yavapai-Prescott Indian Tribe and the 
        city of Prescott, as approved 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 benefits 
to the Tribe thereunder shall be secure in perpetuity. Notwithstanding 
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 the 
CAP subcontract of the city of Prescott to provide funds for deposit 
into the Verde River Basin Water Fund established pursuant to section 
106.

SEC. 106. REPLACEMENT WATER FUND; CONTRACTS.

    (a) Fund.--The Secretary shall establish a fund to be known as the 
``Verde River Basin Water Fund'' (hereinafter called the ``Fund'') to 
provide replacement water for the CAP water relinquished by the Tribe 
and 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 Fund 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 Secretary, to 
establish trust 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, and for the 
repayment 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 development of alternative 
sources of water to replace the CAP water relinquished under this 
title. Alternative sources shall be understood 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 portion of 
the Fund may be used to make per capita payments 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 payment to any 
constituent, member, shareholder, director or employee of Prescott.
    (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 Management 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 constitute 
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 person, 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 subsection (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, 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 pursuant to 
section 112(a), the Tribe, and the United States on behalf 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 
maintaining 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 boundaries 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, relinquishment or delivery of CAP water.

SEC. 111. MISCELLANEOUS PROVISIONS.

    (a) Joining of Parties.--In the event any party to the Settlement 
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 made 
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 Agreement and this title, 
will be compatible with the ground water management plan in effect for 
the Prescott Active Management 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, consistent 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, regulation 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 adjacent 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 that--
            (1)(A) the Secretary has determined that an 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 and 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 paragraphs (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 
agency, other than the Bureau of Indian Affairs on behalf of the Tribe.

                  TITLE II--AUBURN INDIAN RESTORATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Auburn Indian Restoration Act''.

SEC. 202. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Notwithstanding any other provision 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 
applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided 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 inapplicable 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 after 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, members 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.
    (f) Certain Rights Not Altered.--Except as specifically provided in 
this title, nothing in this title shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 203. ECONOMIC DEVELOPMENT.

    (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 
        development for the Tribe;
            (2) in accordance with this section and not later than 2 
        years after the adoption of a tribal constitution as provided 
        in section 107, develop such a plan; and
            (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 contained 
in the plan developed by the Secretary under subsection (a) shall be 
consistent with the requirements of section 104.

SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be 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 Be 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 individual member of the 
Tribe, and shall be part of the Tribe's reservation.

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 pursuant to section 207, an individual shall be placed on the 
membership 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 
        requirements 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 Public 
        Law 85-671; or
            (C) the individual is a lineal descendant of an individual, 
        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 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 evidence of United 
Auburn Indian Community ancestry information contained in the Auburn 
Indian Rancheria distribution list compiled by the Bureau of Indian 
Affairs on August 13, 1959.

SEC. 206. INTERIM GOVERNMENT.

    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 members under the tribal constitution adopted July 
20, 1991.

SEC. 207. TRIBAL CONSTITUTION.

    (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 constitution 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 residence.
    (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 according to the 
procedures specified in subsection (a) except to the extent that such 
procedures conflict with the tribal constitution.

SEC. 208. DEFINITIONS.

    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.
            (7) The term ``service area'' means the counties of Placer, 
        Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
        of California.

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 
        officials of other Federal agencies, municipalities, public 
        water districts and agencies, and States for impounding, 
        storage, and carriage of nonproject water for purposes 
        described in paragraph (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 Reclamation 
project.

SEC. 302. UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION.

    Section 301(d) of Public Law 102-575 (106 Stat. 4626) is amended 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 Commission.''.

                    TITLE IV--MOUNTAIN PARK PROJECT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Mountain Park Project Act of 
1994''.

SEC. 402. MODIFICATION OF MOUNTAIN PARK PROJECT.

    (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 amended 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 environmental resources.''.
    (b) Reallocation of Project Costs.--Such Act is further amended by 
adding at the end the following new section:
    ``Sec. 7. (a)(1) Not later than 180 days after the date of 
enactment of the Mountain Park Project Act of 1994, the Secretary 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 
        subparagraph (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 subsection.
    ``(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 Mountain Park 
project, including any of the following activities:
            ``(A) Developing in-stream flows.
            ``(B) Developing wetland habitat.
            ``(C) Any other environmental quality activity that the 
        Secretary determines to be appropriate to benefit the overall 
        quality 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 
        Conservancy 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 environmental 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 repayment 
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 prepayment 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.
    ``(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 District'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 pursuant to 
this section or pursuant to any contract with the Secretary, title to 
the project facilities shall remain with the United States.''.
    (c) Repeal.--Section 3101 of the Reclamation Projects Authorization 
and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4698) is 
repealed.

            TITLE V--SAN ANGELO FEDERAL RECLAMATION PROJECT

SEC. 501. INCREASE IN IRRIGABLE ACREAGE.

    (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 amendment 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.

             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 
S\1/2\NW\1/4\NW\1/4\ and N\1/2\SW\1/4\NW\1/4\ 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 
Development Act of 1974 (Public Law 93-493; 88 Stat. 1488) is amended 
by striking ``or three million gallons of water in any twenty-four-hour 
period,''.

           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 
        paragraphs (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 
        economic development on those reservations;'';
            (3) in paragraph (5), as redesignated by paragraph (2) of 
        this subsection, by striking ``Reservation;'' and inserting 
        ``Reservation, Rosebud Indian Reservation, and Lower Brule 
        Indian Reservation;''; and
            (4) in paragraph (6), as redesignated by paragraph (2) 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. OGLALA 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 section (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 System, 
        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''.
    (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-JONES RURAL WATER 
              SYSTEM.

    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 lieu 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 municipal, 
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 Assessment, 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 
        tribal members and other residents of the Rosebud 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 
        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.
            ``(2) Such cooperative agreements shall set forth, in a 
        manner acceptable to the Secretary--
                    ``(A) the responsibilities of the parties for needs 
                assessment, 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.
            ``(3) Such cooperative agreements may include purchase, 
        improvement, and repair of existing water systems, including 
        systems owned by individual tribal members and other residents 
        located on the Rosebud Indian Reservation.
            ``(4) The Secretary may unilaterally terminate any 
        cooperative 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 
        authorized 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, pipelines, 
treatment facilities, and other appurtenant facilities for the Rosebud 
Sioux Rural Water System shall be planned and constructed to a size 
sufficient to meet the municipal, rural and industrial 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 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 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.
    ``(f) 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, 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 (Public 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 municipal, 
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 facilities to serve the 
        needs of the Lower Brule Indian Reservation, including (but not 
        limited 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 
        municipalities.
    ``(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, maintaining, and replacing the Lower 
        Brule Sioux Rural Water System.
            ``(2) Such cooperative agreements shall set forth, in a 
        manner acceptable to the Secretary--
                    ``(A) the responsibilities of the parties for needs 
                assessment, 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.
            ``(3) Such cooperative agreements may include purchase, 
        improvement, and repair of existing water systems, including 
        systems owned by individual tribal members and other residents 
        located on the Lower Brule Indian Reservation.
            ``(4) The Secretary may unilaterally terminate any 
        cooperative 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 
        authorized 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, pipelines, 
treatment facilities, and other appurtenant facilities for the Lower 
Brule Sioux Rural Water System shall be planned and constructed 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 encumbered 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 management training.
    ``(g) Application of the Indian 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 redesignating subsection (f) 
as subsection (g) and inserting after subsection (e) the following new 
subsection:
    ``(f) Interconnection of Facilities and Waiver of Charges.--The 
Secretary is authorized to interconnect the Lyman-Jones Rural Water 
System, and the West River Rural Water System, with each of the other 
systems authorized under this Act, and to provide for the delivery of 
water to the West River Rural Water System, and Lyman-Jones Rural Water 
System, without charge or cost, from the Missouri River and through 
common facilities 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 
                Supply 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 
                reservations within the State of South Dakota,'' after 
                ``South Dakota'';
                    (B) by inserting ``and terrestrial'' after 
                ``wildlife'';
                    (C) by striking ``Such plans'' and inserting ``Such 
                recommendations''; and
                    (D) by adding at the end the following:
``The Indian tribes shall be afforded an opportunity to review and 
concur within any recommendations affecting 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,'' and 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 
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 authorized 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 Lyman-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 such 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 deliveries to 
the West River and Lyman-Jones Rural Water Systems are a non-Federal 
responsibility and for such deliveries the Secretary shall enter into a 
contract with the West River and Lyman-Jones Systems for the payment of 
an annual operation and maintenance 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 operation and maintenance payments shall be increased or 
decreased by such amounts as may be justified by reason of ordinary 
fluctuations as indicated by indices applicable to comparable regional 
rural water supply systems for the type of operation and maintenance 
involved.
    ``(c) Waste Water Disposal Systems Feasibility Studies.--There is 
authorized to be appropriated such sums as may be necessary 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,''.

SEC. 815. FEASIBILITY STUDIES.

    (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 disposal 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 entitled ``An 
Act to authorize rehabilitation of the Belle Fourche irrigation 
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 
        enacting 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 major 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 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 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 is 
amended--
            (1) by inserting ``(a)'' after ``Sec. 7.''; and
            (2) by adding at the end the following:
    ``(b) In addition to amounts authorized under subsection (a), for 
activities under section 1(b) there are authorized to be appropriated 
$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 CONSERVANCY PROJECT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Stagecoach Reservoir Project Act 
of 1994''.

SEC. 1002. SALE OF THE STAGECOACH RESERVOIR 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 prepayment on, the loan contract described 
        in paragraph (2) to the Upper Yampa Water Conservancy District 
        in Colorado (referred to in this title as the ``District'') for 
        the Stagecoach Reservoir Project.
            (2) Loan contract.--The loan contract described in 
        paragraph (1) is numbered 7-07-40-R0480 and was entered into 
        pursuant to the Small Reclamation Projects Act of 1956 (43 
        U.S.C. 422a et seq.).
    (b) Payment.--Any agreement negotiated pursuant to subsection (a) 
shall realize an amount to the Federal Government calculated by 
discounting the remaining payments 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 
                prepayment 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 
                Circular A-129 regarding an allowance for 
                administrative expenses and possible losses, make such 
                an allowance from the perspective of the Federal 
                Government as lender and not from the 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 payments 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.--Notwithstanding any other provision of 
        law, the interest rate shall not exceed a composite interest 
        rate consisting of the current market yield on Treasury 
        securities 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 
        prepayment 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 
        Stagecoach 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 offer made by the Secretary.

                        TITLE XI--MANCOS PROJECT

SEC. 1101. SHORT TITLE.

    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 
        Conservancy 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 Mancos Water Conservancy District is currently 
        operating and maintaining facilities at the Mancos Project and 
        that the 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, revised on May 13, 
        1992, and February 10, 1993, by the Mancos Water Conservancy 
        District will not increase operation and maintenance costs of 
        the Federal Government; and
            (c) that any lease of power privileges issued by the 
        Secretary 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-11) 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, Colorado, 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 Regulatory 
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 amendatory thereof (43 U.S.C. 371).

SEC. 1105. REVENUES DERIVED FROM POWER DEVELOPMENT.

    Notwithstanding the provisions of the Water Conservation and 
Utilization Act (16 U.S.C. sections 590y-590z-11) 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 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 River 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 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 
        Superintendent for operation of the existing Yakima Project as 
        modified 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 
        Conservation 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 
        Judgment of January 31, 1945) that is not subject to proration 
        in times of water shortage.
            (8) 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.
            (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 Judgment 
        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 
                ``Supplementary 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 
                purposes; and
                    (C) who, together with others, were identified for 
                consultation on November 29, 1990, in the amended 
                partial summary judgment entered in the basin 
                adjudication (Yakima 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 
        Confederated Tribes and Bands of the Yakama Indian Nation as 
        redesignated under section 1204(g).
            (14) 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. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    (a) Establishment.--(1) The Secretary, in consultation with the 
State of Washington, the Yakama 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 Secretary may 
make grants to eligible entities for the purposes of carrying 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 systems 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 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 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 
        identified 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 Conservation 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--
            (A) provide recommendations to the Secretary and to the 
        State of Washington regarding the structure and implementation 
        of the Basin Conservation Program,
            (B) provide recommendations to the Secretary and to the 
        State of Washington regarding the establishment of a permanent 
        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 administration 
        of a process to facilitate the voluntary sale or lease of 
        water.
    (4) The facilitator shall arrange for meetings of the Conservation 
Advisory Group, provide logistical support, and serve as moderator 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, 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) 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:

      

------------------------------------------------------------------------
                                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.                  17.5%             17.5%             65.0%     
 Implementation                                                         
 and post                                                               
 implementation                                                         
 monitoring and                                                         
 evaluation                                                             
------------------------------------------------------------------------

    (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 fishery resource improvement 
facilities which utilize funding sources under the Pacific Northwest 
Electric Power Planning and Conservation 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 expenditures 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 2\1/2\ 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 (f), 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 
        conservation measures under this title; and
            (2) for preparing an interim comprehensive basin operating 
        plan under section 1210 of this title as provided for in Public 
        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, automation 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 application 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 
Secretary shall encourage the testing of innovative water conservation 
measures. The Secretary shall, to the maximum extent possible under 
applicable Federal, State, and tribal 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. 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 Committee for instream flow purposes. The use of 
Basin Conservation Program funds under this paragraph are in addition 
to those specifically authorized to be appropriated by subsection 
(j)(4).
    (4) On-farm water management improvements shall be coordinated 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 Washington 
        shall provide appropriate staff support to the Conservation 
        Advisory Group.

SEC. 1204. YAKAMA INDIAN NATION.

    (a) Wapato Irrigation Project Improvements and Appropriations.--(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 enhancement project, pursuant to this title shall be 
coordinated with the Bureau of Indian Affairs.
    (2) There is authorized to be appropriated to the Secretary not 
more than $23,000,000 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 
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 improvements 
shall be available for the use of the Yakama 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 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 
        construction of the Yakama Indian Reservation Irrigation 
        Demonstration 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) After 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 subparagraph, 
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 
        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 Yakama 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 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, 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 (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 reductions in water 
diversions allowing for changes in the present operation 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 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   
------------------------------------------------------------------------

    (2) The initial target flows represent target flows at the 
respective 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 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 or from conservation measures taken 
under this title.
    (4)(A)(i) Within the three-year period beginning when 
appropriations 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 Committee 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 
        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 
        purchase 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 mutually 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 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 Yakima 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 (a)(1). Water obtained from such development 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 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 1204, 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 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, wildlife, 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 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. 1207. 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 authorized by this section 
        undertaken in any tributary shall be contingent upon the 
        agreement 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.
            (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 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 
        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 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 Natural Resources 
of the House of Representatives, and the Governor of the State of 
Washington, 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 Yakama 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.--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 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 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-OPERATIONS AT PROSSER 
              DIVERSION DAM.

    (a) Authorization of 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 affected by conservation, 
electrification, or subordination pursuant to this title and any 
reduction in its irrigation water supply resulting from conservation 
measures adopted or implemented by other entities pursuant to this 
title shall be replaced by water developed through subordination, 
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 
such funds 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 
subsection (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 supply resulting 
from the construction of facilities under this section shall be used by 
the Secretary to--
            (1) enhance the water supply available to the Kittitas 
        Reclamation 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 
allocated to irrigation and fishery enhancement, 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 Reclamation District 
        and the Roza Irrigation District.
            (2) The portion of such costs allocated to fishery 
        enhancement is nonreimbursable.
    (e) Kachess Dam Modifications.--There is authorized to be 
appropriated $2,000,000 for the modification of the discharge 
facilities 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 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 Yakima 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 an 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 comprehensive 
basin operating plan shall be completed within 18 months after the 
completion of the Basin Conservation Plan under section 1203(f) 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 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 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;
            (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 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 
        accomplish 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 performance 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 APPLICATION OF REQUIREMENT FOR ACQUISITIONS 
         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''.
103d CONGRESS

  2d Session

                                S. 1146

_______________________________________________________________________

                               AMENDMENT