[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 264 Reported in Senate (RS)]






                                                        Calendar No. 49
110th CONGRESS
  1st Session
                                 S. 264

                          [Report No. 110-23]

     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

                            January 11, 2007

 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

                           February 16, 2007

              Reported by Mr. Bingaman, 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 2007''.</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 
        nonprofit corporation established under the laws of the State 
        of Oregon that operates Wallowa Lake Dam.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Conditions.--As a condition of providing funds under 
subsection (a), the Secretary shall ensure that--</DELETED>
        <DELETED>    (1) the Wallowa Lake Dam Rehabilitation Program 
        meets the standards of the dam safety program of the State of 
        Oregon;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) 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 
                agricultural producers in any Federal commodity or 
                conservation program.</DELETED>
<DELETED>    (d) Compliance With State Law.--In carrying out this Act, 
the Secretary shall comply with otherwise applicable State water 
law.</DELETED>
<DELETED>    (e) Prohibition on Holding Title.--The Federal Government 
shall not hold title to any facility rehabilitated or constructed under 
this Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    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.)).</DELETED>

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

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wallowa Lake Dam Rehabilitation and 
Water Management Act of 2007''.

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 any 
        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 Associated Ditch Companies, 
        Incorporated, 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, regardless of whether 
        the damages arose during or after the rehabilitation or 
        construction.
    (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 the costs of activities 
        authorized under this Act--
                    (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 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.

SEC. 6. TERMINATION OF AUTHORITY.

    The authority of the Secretary to carry out any provisions of this 
Act shall terminate 10 years after the date of enactment of this Act.
                                                        Calendar No. 49

110th CONGRESS

  1st Session

                                 S. 264

                          [Report No. 110-23]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           February 16, 2007

                       Reported with an amendment