[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5019 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5019

     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

                             March 28, 2006

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 
Act''.

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) 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 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.
    (b) Conditions.--As a condition of providing funds under subsection 
(a), the Secretary shall ensure that--
            (1) the Wallowa Lake Dam Rehabilitation Program and 
        activities under this Act meet 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 
        Federal 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 with 
        Federal funds provided under this Act, both while and after 
        activities are conducted using Federal funds provided under 
        this Act.
    (c) Cost Sharing.--
            (1) In general.--The Federal share of the costs of 
        activities authorized under this Act shall not exceed 50 
        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 applicable Oregon 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.

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 pay the 
Federal share of the costs of activities authorized under this Act, 
$6,000,000.
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