[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3747 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3747

     To authorize the Bureau of Reclamation to participate in the 
    rehabilitation of the Wallowa Lake Dam in Oregon, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2004

Mr. Walden of Oregon introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To authorize the Bureau of Reclamation to participate in the 
    rehabilitation of the Wallowa Lake Dam in Oregon, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wallowa Lake Dam Rehabilitation and 
Water Management Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Associated ditch companies, incorporated.--The term 
        ``Associated Ditch Companies, Incorporated'' means the non-
        profit corporation by that name (as established under the laws 
        of the State of Oregon) that operates Wallowa Lake Dam.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (3) Wallowa lake dam rehabilitation program.--The term 
        ``Wallowa Lake Dam Rehabilitation Program'' means the program 
        for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
        contained in the engineering document entitled, ``Phase I Dam 
        Assessment and Preliminary Engineering Design'', dated October 
        2001, and on file with the Bureau of Reclamation.
            (4) Wallowa valley water management plan.--The term 
        ``Wallowa Valley Water Management Plan'' means the program 
        developed for the Wallowa River watershed, as contained in the 
        document entitled ``Wallowa Lake Dam Rehabilitation and Water 
        Management Plan Vision Statement'', dated February 2001, and on 
        file with the Bureau of Reclamation.

SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

    (a) Authorization.--The Secretary--
            (1) may provide funding to the Associated Ditch Companies, 
        Incorporated, in order for the Associated Ditch Companies, 
        Incorporated, to plan, design and construct facilities needed 
        to implement the Wallowa Lake Dam Rehabilitation Program; and
            (2) in cooperation with tribal, State and local 
        governmental entities, may participate in planning, design and 
        construction of facilities needed to implement the Wallowa 
        Valley Water Management Plan.
    (b) Cost Sharing.--
            (1) In general.--The Federal share of the costs of 
        activities authorized under this Act shall not exceed 80 
        percent.
            (2) Exclusions from federal share.--There shall not be 
        credited against the Federal share of such costs--
                    (A) any expenditure by the Bonneville Power 
                Administration in the Wallowa River watershed; and
                    (B) expenditures made by individual farmers in any 
                Federal farm or conservation program.
    (c) Compliance With State Law.--The Secretary, in carrying out this 
Act, shall comply with otherwise applicable State water law.
    (d) Prohibition on Holding Title.--The Federal Government shall not 
hold title to any facility rehabilitated or constructed under this Act.
    (e) Prohibition on Operation and Maintenance.--The Federal 
Government shall not be responsible for the operation and maintenance 
of any facility constructed or rehabilitated under this Act.
    (f) Ownership and Operation of Fish Passage Facility.--Any facility 
located at Wallowa Lake Dam for trapping and transportation of 
migratory adult salmon may be owned and operated only by the Nez Perce 
Tribe.

SEC. 4. RELATIONSHIP TO OTHER LAW.

    Activities funded under this Act shall not be considered a 
supplemental or additional benefit under the Act of June 17, 1902 (32 
Stat. 388), and all Acts amendatory thereof or supplementary thereto.

SEC. 5. APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary $32,000,000 
for the Federal share of the costs of activities authorized under this 
Act.
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