II Calendar No. 49 110th CONGRESS 1st Session S. 264 [Report No. 110–23] 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.
1.
Short title
This Act may be cited as the Wallowa Lake Dam Rehabilitation and Water Management Act of 2007.
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.
1.
Short title
This Act may be cited as the Wallowa Lake Dam Rehabilitation and Water Management Act of 2007.
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.
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.
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.)).
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.
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.
February 16, 2007 Reported with an amendment