[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 247 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 247

 To authorize the Secretary of the Interior to assist in the planning, 
   design, and construction of the Tumalo Irrigation District Water 
           Conservation Project in Deschutes County, Oregon.


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to assist in the planning, 
   design, and construction of the Tumalo Irrigation District Water 
           Conservation Project in Deschutes County, Oregon.

    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 ``Tumalo Water Conservation Project 
Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Tumalo 
        Irrigation District, Oregon.
            (2) Project.--The term ``Project'' means the Tumalo 
        Irrigation District Water Conservation Project authorized under 
        section 3(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. AUTHORIZATION TO PLAN, DESIGN AND CONSTRUCT THE TUMALO WATER 
              CONSERVATION PROJECT.

    (a) Authorization.--The Secretary, in cooperation with the 
District--
            (1) may participate in the planning, design, and 
        construction of the Tumalo Irrigation District Water 
        Conservation Project in Deschutes County, Oregon; and
            (2) for purposes of planning and designing the Project, 
        shall take into account any appropriate studies and reports 
        prepared by the District.
    (b) Cost-Sharing Requirement.--
            (1) Federal share.--The Federal share of the total cost of 
        the Project shall be 50 percent, which shall be nonreimbursable 
        to the United States.
            (2) Credit toward non-federal share.--The Secretary shall 
        credit toward the non-Federal share of the Project--
                    (A) any amounts that the District provides toward 
                the design, planning, and construction before the date 
                of enactment of this Act; and
                    (B) an amount equal to--
                            (i) the value of any water converted by the 
                        Project to instream water rights, as determined 
                        in accordance with State law; plus
                            (ii) the value of the annual District 
                        assessment and headgate fee that the District 
                        foregoes as a result of the activities carried 
                        out under the Project for the 20-year period 
                        beginning on the date on which construction of 
                        the Project is completed.
    (c) Title.--The District shall hold title to any facilities 
constructed under this Act.
    (d) Operation and Maintenance Costs.--The District shall pay the 
operation and maintenance costs of the Project.
    (e) Effect.--Any assistance provided under this Act shall not be 
considered to be 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. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to pay the Federal share of 
the cost of the Project $14,000,000.
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