[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1146 Enrolled Bill (ENR)]

        S.1146

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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.

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

     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 acre feet):            Target Flow from 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 Dam    Diversion 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 and water needs;
        (3) system operations and stream flow objectives; and
        (4) the System Operations Advisory Committee activities.
    (b) Process Requirements.--A draft of the interim 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''.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.