[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1355 Reported in Senate (RS)]






                                                       Calendar No. 467
108th CONGRESS
  2d Session
                                S. 1355

                          [Report No. 108-250]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2003

 Mr. Smith (for himself and Mr. Wyden) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             March 29, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wallowa Lake Dam 
Rehabilitation and Water Management Act of 2003''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM.</DELETED>

<DELETED>    (a) Authorization.--The Secretary--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Cost Sharing.--</DELETED>
        <DELETED>    (1) In general.--The Federal share of the costs of 
        activities authorized under this Act shall not exceed 80 
        percent.</DELETED>
        <DELETED>    (2) Exclusions from federal share.--There shall 
        not be credited against the Federal share of such costs--
        </DELETED>
                <DELETED>    (A) any expenditure by the Bonneville 
                Power Administration in the Wallowa River watershed; 
                and</DELETED>
                <DELETED>    (B) expenditures made by individual 
                farmers in any Federal farm or conservation 
                program.</DELETED>
<DELETED>    (c) Compliance With State Law.--The Secretary, in carrying 
out this Act, shall comply with otherwise applicable State water 
law.</DELETED>
<DELETED>    (d) Prohibition on Holding Title.--The Federal Government 
shall not hold title to any facility rehabilitated or constructed under 
this Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. RELATIONSHIP TO OTHER LAW.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

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 
        nonprofit corporation established under the laws of the State 
        of Oregon that operates Wallowa Lake Dam.
            (2) Phase ii and phase iii of the wallowa valley water 
        management plan.--The term ``Phase II and Phase III of the 
        Wallowa Valley Water Management Plan'' means the Phase II 
        program for fish passage improvements and water conservation 
        measures, and the Phase III program for implementation of water 
        exchange infrastructure, 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.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (4) 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 December 
        2002, and on file with the Bureau of Reclamation.

SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

    (a) Grants and Cooperative Agreements.--The Secretary may provide 
grants to, or enter into cooperative or other agreements with, tribal, 
State, and local governmental entities and the Associated Ditch 
Companies, Incorporated, to plan, design, and construct facilities 
needed to implement the Wallowa Lake Dam Rehabilitation Program and 
Phase II and Phase III of the Wallowa Valley Water Management Plan.
    (b) Conditions.--As a condition of providing funds under subsection 
(a), the Secretary shall ensure that--
            (1) the Wallowa Lake Dam Rehabilitation Program meets the 
        standards of the dam safety program of the State of Oregon;
            (2) the Associated Ditch Companies, Incorporated, agrees to 
        assume liability for any work performed, or supervised, with 
        funds provided to it under this Act; and
            (3) the United States shall not be liable for damages of 
        any kind arising out of any act, omission, or occurrence 
        relating to a facility rehabilitated or constructed under this 
        Act.
    (c) 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 agricultural 
                producers in any Federal commodity or conservation 
                program.
    (d) Compliance With State Law.--The Secretary, in carrying out this 
Act, shall comply with otherwise applicable State water law.
    (e) Prohibition on Holding Title.--The Federal Government shall not 
hold title to any facility rehabilitated or constructed under this Act.
    (f) 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.
    (g) Ownership and Operation of Fish Passage Facility.--Any facility 
constructed using Federal funds authorized by this Act 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 Federal reclamation law (the 
Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to the pay 
the Federal share of the costs of activities authorized under this Act 
$25,600,000.




                                                       Calendar No. 467

108th CONGRESS

  2d Session

                                S. 1355

                          [Report No. 108-250]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 29, 2004

                       Reported with an amendment