II Calendar No. 43 109th CONGRESS 1st Session S. 231 [Report No. 109–30] IN THE SENATE OF THE UNITED STATES February 1, 2005 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 10, 2005 Reported by Mr. Domenici, without amendment A BILL To authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon, and for other purposes.

1.

Short title

This Act may be cited as the Wallowa Lake Dam Rehabilitation and Water Management Act of 2005.

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.

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

In carrying out this Act, the Secretary 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.

4.

Relationship to other law

An activity 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.)).

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.

March 10, 2005 Reported without amendment