[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1048 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1048
To authorize phase III of the Yakima River Basin Water Enhancement
Project, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2019
Mr. Newhouse (for himself and Ms. Schrier) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize phase III of the Yakima River Basin Water Enhancement
Project, 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 ``Yakima River Basin Water Enhancement
Project Phase III Act''.
SEC. 2. AUTHORIZATION OF PHASE III.
(a) Definitions.--In this section:
(1) Integrated plan.--The term ``Integrated Plan'' means
the Yakima River Basin Integrated Water Resource Management
Plan, the Federal elements of which are known as ``phase III of
the Yakima River Basin Water Enhancement Project'', as
described in the Bureau of Reclamation document entitled
``Record of Decision for the Yakima River Basin Integrated
Water Resource Management Plan Final Programmatic Environmental
Impact Statement'' and dated March 2, 2012.
(2) Irrigation entity.--The term ``irrigation entity''
means a district, project, or State-recognized authority, board
of control, agency, or entity located in the Yakima River basin
that manages and delivers irrigation water to farms in the
Yakima River basin.
(3) Proratable irrigation entity.--The term ``proratable
irrigation entity'' means an irrigation entity that possesses,
or the members of which possess, proratable water (as defined
in section 1202 of Public Law 103-434 (108 Stat. 4551)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Washington.
(6) Total water supply available.--The term ``total water
supply available'' has the meaning given the term in applicable
civil actions, as determined by the Secretary.
(7) Yakima river basin water enhancement project.--The term
``Yakima River Basin Water Enhancement Project'' means the
Yakima River basin water enhancement project authorized by
Congress pursuant to title XII of Public Law 103-434 (108 Stat.
4550; 114 Stat. 1425) and other Acts (including Public Law 96-
162 (93 Stat. 1241), section 109 of Public Law 98-381 (16
U.S.C. 839b note), and Public Law 105-62 (111 Stat. 1320)) to
promote water conservation, water supply, habitat, and stream
enhancement improvements in the Yakima River basin.
(b) Integrated Plan.--
(1) Initial development phase.--
(A) In general.--As the initial development phase
of the Integrated Plan, the Secretary, in coordination
with the State and the Yakama Nation, shall identify
and implement projects under the Integrated Plan that
are prepared to be commenced during the 10-year period
beginning on the date of enactment of this Act.
(B) Requirement.--The initial development phase of
the Integrated Plan under subparagraph (A) shall be
carried out in accordance with--
(i) this subsection, including any related
plans, reports, and correspondence referred to
in this subsection; and
(ii) title XII of Public Law 103-434 (108
Stat. 4550; 114 Stat. 1425).
(2) Intermediate and final development phases.--
(A) Plans.--The Secretary, in coordination with the
State and the Yakama Nation, shall develop plans for
the intermediate and final development phases of the
Integrated Plan to achieve the purposes of title XII of
Public Law 103-434 (108 Stat. 4550; 114 Stat. 1425),
including conducting applicable feasibility studies,
environmental reviews, and other relevant studies
required to develop those plans.
(B) Intermediate development phase.--The Secretary,
in coordination with the State and the Yakama Nation,
shall develop an intermediate development phase of the
Integrated Plan, to commence not earlier than the date
that is 10 years after the date of enactment of this
Act.
(C) Final development phase.--The Secretary, in
coordination with the State and the Yakama Nation,
shall develop a final development phase of the
Integrated Plan, to commence not earlier than the date
that is 20 years after the date of enactment of this
Act.
(3) Requirements.--The projects and activities identified
by the Secretary for implementation under the Integrated Plan
shall be carried out only--
(A) subject to authorization and appropriation;
(B) contingent on the completion of applicable
feasibility studies, environmental reviews, and cost-
benefit analyses that include favorable recommendations
for further project development;
(C) on public review and a determination by the
Secretary that design, construction, and operation of a
proposed project or activity is in the best interest of
the public; and
(D) in accordance with applicable laws, including--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(4) Effect of subsection.--Nothing in this subsection--
(A) shall be considered to be a new or supplemental
benefit for purposes of the Reclamation Reform Act of
1982 (43 U.S.C. 390aa et seq.);
(B) affects--
(i) any contract in existence on the date
of enactment of this Act that was executed
pursuant to the reclamation laws; or
(ii) any contract or agreement between the
Bureau of Indian Affairs and the Bureau of
Reclamation;
(C) affects, waives, abrogates, diminishes,
defines, or interprets any treaty between the Yakama
Nation and the United States; or
(D) constrains the authority of the Secretary to
provide fish passage in the Yakima River basin, in
accordance with the Hoover Power Plant Act of 1984 (43
U.S.C. 619 et seq.).
(5) Progress report.--Not later than 5 years after the date
of enactment of this Act, the Secretary, in conjunction with
the State and in consultation with the Yakama Nation, shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a progress report on the development and
implementation of the Integrated Plan.
(c) Financing, Construction, Operation, and Maintenance of Kachess
Drought Relief Pumping Plant and Keechelus to Kachess Pipeline.--
(1) Long-term agreements.--
(A) In general.--A long-term agreement negotiated
pursuant to this section or the reclamation laws
between the Secretary and a participating proratable
irrigation entity in the Yakima River basin for the
non-Federal financing, construction, operation, or
maintenance of the Drought Relief Pumping Plant or the
Keechelus to Kachess Pipeline shall include provisions
regarding--
(i) responsibilities of each participating
proratable irrigation entity for--
(I) the planning, design, and
construction of infrastructure, in
consultation and coordination with the
Secretary; and
(II) the pumping and operational
costs necessary to provide the total
water supply available that is made
inaccessible due to drought pumping
during any preceding calendar year, if
the Kachess Reservoir fails to refill
as a result of pumping drought storage
water during such a calendar year;
(ii) property titles and responsibilities
of each participating proratable irrigation
entity for the maintenance of, and liability
for, all infrastructure constructed under title
XII of Public Law 103-434 (108 Stat. 4550; 114
Stat. 1425);
(iii) operation and integration of the
projects by the Secretary in the operation of
the Yakima Project; and
(iv) costs associated with the design,
financing, construction, operation,
maintenance, and mitigation of projects, with
the costs of Federal oversight and review to be
nonreimbursable to the participating proratable
irrigation entities and the Yakima Project.
(B) Treatment.--A facility developed or operated by
a participating proratable irrigation entity under this
subsection shall not be considered to be a supplemental
work for purposes of section 9(a) of the Reclamation
Project Act of 1939 (43 U.S.C. 485h(a)).
(2) Kachess reservoir.--
(A) In general.--Any additional stored water made
available by the construction of a facility to access
and deliver inactive and natural storage in Kachess
Lake and Reservoir under this subsection--
(i) shall be considered to be Yakima
Project water;
(ii) shall be used exclusively by the
Secretary to enhance the water supply during
years for which the total water supply
available is not sufficient to provide a
percentage of proratable entitlements in order
to make that additional water available, in a
quantity representing not more than 70 percent
of proratable entitlements to the Kittitas
Reclamation District, the Roza Irrigation
District, or any other proratable irrigation
entity participating in the construction,
operation, or maintenance costs of a facility
under this section, in accordance with such
terms and conditions as the districts may
agree, subject to the conditions that--
(I) the Bureau of Indian Affairs,
the Wapato Irrigation Project, and the
Yakama Nation, on an election to
participate, may also obtain water from
Kachess Reservoir inactive storage to
enhance applicable existing irrigation
water supply in accordance with such
terms and conditions as the Bureau of
Indian Affairs and the Yakama Nation
may agree; and
(II) the additional supply made
available under this clause shall be
available to participating individuals
and entities based on--
(aa) the proportion that--
(AA) the proratable
entitlement of each
participating
individual or entity;
bears to
(BB) the proratable
entitlements of all
participating
individuals and
entities; or
(bb) such other proportion
as the participating entities
may agree; and
(iii) shall not be any portion of the total
water supply available.
(B) Effect of paragraph.--Nothing in this paragraph
affects, as in existence on the date of enactment of
this Act, any--
(i) contract;
(ii) law (including regulations) relating
to repayment costs;
(iii) water rights; or
(iv) treaty right of the Yakama Nation.
(3) Project power for kachess pumping plant.--
(A) In general.--Subject to subparagraphs (B)
through (D), the Administrator of the Bonneville Power
Administration, pursuant to the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C.
839 et seq.), shall provide to the Secretary project
power to operate the Kachess Pumping Plant constructed
under this section if inactive storage in the Kachess
Reservoir is needed to provide drought relief for
irrigation.
(B) Determinations by secretary.--The project power
described in subparagraph (A) may be provided only if
the Secretary determines that--
(i) there are in effect--
(I) a drought declaration issued by
the State; and
(II) conditions that have led to 70
percent or lower water delivery to
proratable irrigation districts; and
(ii) it is appropriate to provide the power
under that subparagraph.
(C) Period of availability.--The power described in
subparagraph (A) shall be provided during the period--
(i) beginning on the date on which the
Secretary makes the determinations described in
subparagraph (B); and
(ii) ending on the earlier of--
(I) the date that is 1 year after
that date; and
(II) the date on which the
Secretary determines that--
(aa) drought mitigation
measures are still necessary in
the Yakima River basin; or
(bb) the power should no
longer be provided for any
other reason.
(D) Rate.--
(i) In general.--The Administrator of the
Bonneville Power Administration shall provide
project power under subparagraph (A) at the
then-applicable lowest Bonneville Power
Administration rate for public body,
cooperative, and Federal agency customer firm
obligations on the date on which the authority
is provided.
(ii) No discounts.--The rate under clause
(i) shall not include any irrigation discount.
(E) Local provider.--During any period for which
project power is not provided under subparagraph (A),
the Secretary shall obtain power to operate the Kachess
Pumping Plant from a local provider.
(F) Other costs.--The cost of power for pumping and
station service, and the costs of transmitting power
from the Federal Columbia River power system to the
pumping facilities of the Yakima River Basin Water
Enhancement Project, shall be borne by the irrigation
districts receiving the benefits of the applicable
water.
(G) Duties of commissioner.--For purposes of this
paragraph, the Commissioner of Reclamation shall
arrange transmission for any delivery of--
(i) Federal power over the Bonneville
system through applicable tariff and business
practice processes of that system; or
(ii) power obtained from any local
provider.
(d) Design and Use of Groundwater Recharge Projects.--The
Secretary, in coordination with the State and the Yakama Nation, may
provide technical assistance for, participate in, and enter into
agreements, including with irrigation entities for the use of excess
conveyance capacity in Yakima River Basin Water Enhancement Project
facilities, for--
(1) groundwater recharge projects; and
(2) aquifer storage and recovery projects.
(e) Operational Control of Water Supplies.--
(1) In general.--The Secretary shall retain authority and
discretion over the management of Yakima River Basin Water
Enhancement Project supplies--
(A) to optimize operational use and flexibility;
and
(B) to ensure compliance with all applicable
Federal and State laws, treaty rights of the Yakama
Nation, and legal obligations, including those under
title XII of Public Law 103-434 (108 Stat. 4550; 114
Stat. 1425).
(2) Inclusion.--The authority and discretion described in
paragraph (1) shall include the ability of the United States to
store, deliver, conserve, and reuse water supplies deriving
from projects authorized under title XII of Public Law 103-434
(108 Stat. 4550; 114 Stat. 1425).
(f) Cooperative Agreements and Grants.--The Secretary may enter
into cooperative agreements and make grants to carry out this section,
including for the purposes of land and water transfers, leases, and
acquisitions from willing participants, subject to the condition that
the acquiring entity shall hold title to, and be responsible for, all
required operation, maintenance, and management of the acquired land or
water during any period in which the acquiring entity holds title to
the acquired land.
(g) Water Conservation Projects.--The Secretary may participate in,
provide funding for, and accept non-Federal financing for water
conservation projects, regardless of whether the projects are in
accordance with the Yakima River Basin Water Conservation Program
established under section 1203 of Public Law 103-434 (108 Stat. 4551),
that are intended to partially implement the Integrated Plan by
providing conserved water to improve tributary and mainstem stream
flow.
(h) Indian Irrigation Projects.--
(1) In general.--The Secretary, acting through the
Commissioner of Reclamation, may contribute funds for the
preparation of plans and investigation measures, and, after the
date on which the Secretary certifies that the measures are
consistent with the water conservation objectives of this
section, to any Indian irrigation project--
(A) that is located in the Pacific Northwest
Region;
(B) that is identified in the report of the
Government Accountability Office numbered GAO-15-453T;
(C) that has been identified as part of a Bureau of
Reclamation basin study pursuant to subtitle F of title
IX of Public Law 111-11 (42 U.S.C. 10361 et seq.) to
increase water supply for the Pacific Northwest Region;
and
(D) an improvement to which would contribute to the
flow of interstate water.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $75,000,000.
SEC. 3. MODIFICATION OF PURPOSES AND DEFINITIONS.
(a) Purposes.--Section 1201 of Public Law 103-434 (108 Stat. 4550)
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to protect, mitigate, and enhance fish and wildlife
and the recovery and maintenance of self-sustaining harvestable
populations of fish and other aquatic life, both anadromous and
resident species, throughout their historic distribution range
in the Yakima Basin through--
``(A) improved water management and the
constructions of fish passage at storage and diversion
dams, as authorized under the Hoover Power Plant Act of
1984 (43 U.S.C. 619 et seq.);
``(B) improved instream flows and water supplies;
``(C) improved water quality, watershed, and
ecosystem function;
``(D) protection, creation, and enhancement of
wetlands; and
``(E) other appropriate means of habitat
improvement;'';
(2) in paragraph (2), by inserting ``, municipal,
industrial, and domestic water supply and use purposes,
especially during drought years, including reducing the
frequency and severity of water supply shortages for pro-
ratable irrigation entities'' before the semicolon at the end;
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) to authorize the Secretary to make water available
for purchase or lease for meeting municipal, industrial, and
domestic water supply purposes;'';
(6) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (8), respectively;
(7) by inserting after paragraph (4) (as redesignated by
paragraph (4)) the following:
``(5) to realize sufficient water savings from implementing
the Yakima River Basin Integrated Water Resource Management
Plan, so that not less than 85,000 acre feet of water savings
are achieved by implementing the initial development phase of
the Integrated Plan pursuant to section 2(b)(1) of the Yakima
River Basin Water Enhancement Project Phase III Act, in
addition to the 165,000 acre-feet of water savings targeted
through the Basin Conservation Program, as authorized on
October 31, 1994;'';
(8) in paragraph (6) (as redesignated by paragraph (6))--
(A) by inserting ``an increase in'' before
``voluntary''; and
(B) by striking ``and'' at the end;
(9) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) to encourage an increase in the use of, and reduce
the barriers to, water transfers, leasing, markets, and other
voluntary transactions among public and private entities to
enhance water management in the Yakima River basin;'';
(10) in paragraph (8) (as so redesignated), by striking the
period at the end and inserting ``; and''; and
(11) by adding at the end the following:
``(9) to improve the resilience of the ecosystems,
economies, and communities in the Yakima River basin facing
drought, hydrologic changes, and other related changes and
variability in natural and human systems, for the benefit of
the people, fish, and wildlife of the region.''.
(b) Definitions.--Section 1202 of Public Law 103-434 (108 Stat.
4550) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), (13), and (14) as paragraphs (8), (10), (11), (12),
(13), (14), (15), (17), and (18), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Designated federal official.--The term `designated
Federal official' means the Commissioner of Reclamation (or a
designee), acting pursuant to the charter of the Conservation
Advisory Group.
``(7) Integrated plan.--The term `Integrated Plan' has the
meaning given the term in section 2(a) of the Yakima River
Basin Water Enhancement Project Phase III Act, to be carried
out in cooperation with, and in addition to, activities of the
State of Washington and the Yakama Nation.'';
(3) by inserting after paragraph (8) (as redesignated by
paragraph (1)) the following:
``(9) Municipal, industrial, and domestic water supply and
use.--The term `municipal, industrial, and domestic water
supply and use' means the supply and use of water for--
``(A) domestic consumption (whether urban or
rural);
``(B) maintenance and protection of public health
and safety;
``(C) manufacture, fabrication, processing,
assembly, or other production of a good or commodity;
``(D) production of energy;
``(E) fish hatcheries; or
``(F) water conservation activities relating to a
use described in subparagraphs (A) through (E).''; and
(4) by inserting after paragraph (15) (as so redesignated)
the following:
``(16) Yakima enhancement project; yakima river basin water
enhancement project.--The terms `Yakima Enhancement Project'
and `Yakima River Basin Water Enhancement Project' mean the
Yakima River basin water enhancement project authorized by
Congress pursuant to this Act and other Acts (including Public
Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381
(16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111
Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to
promote water conservation, water supply, habitat, and stream
enhancement improvements in the Yakima River basin.''.
SEC. 4. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``title'' and inserting ``section''; and
(ii) in the third sentence, by striking
``within 5 years of the date of enactment of
this Act''; and
(B) in paragraph (2), by striking ``irrigation''
and inserting ``the number of irrigated acres'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in each of subparagraphs (A) through
(D), by striking the comma at the end of the
subparagraph and inserting a semicolon;
(ii) in subparagraph (E), by striking the
comma at the end and inserting ``; and'';
(iii) in subparagraph (F), by striking
``Department of Wildlife of the State of
Washington, and'' and inserting ``Department of
Fish and Wildlife of the State of
Washington.''; and
(iv) by striking subparagraph (G);
(B) in paragraph (3)--
(i) in each of subparagraphs (A) through
(C), by striking the comma at the end of the
subparagraph and inserting a semicolon;
(ii) in subparagraph (D), by striking ``,
and'' at the end and inserting a semicolon;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) provide recommendations to advance the
purposes and programs of the Yakima Enhancement
Project, including the Integrated Plan.''; and
(C) by striking paragraph (4) and inserting the
following:
``(4) Authority of designated federal official.--The
designated Federal official may--
``(A) arrange and provide logistical support for
meetings of the Conservation Advisory Group;
``(B) use a facilitator to serve as a moderator for
meetings of the Conservation Advisory Group or provide
additional logistical support; and
``(C) grant any request for a facilitator by any
member of the Conservation Advisory Group.'';
(3) in subsection (d), by adding at the end the following:
``(4) Payment of local share by state or federal
government.--
``(A) In general.--The State or the Federal
Government may fund not more than the 17.5-percent
local share of the costs of the Basin Conservation
Program in exchange for the long-term use of conserved
water, subject to the requirement that the funding by
the Federal Government of the local share of the costs
shall provide a quantifiable public benefit in meeting
Federal responsibilities in the Yakima River basin and
the purposes of this title.
``(B) Use of conserved water.--The Yakima Project
Manager may use water resulting from conservation
measures taken under this title, in addition to water
that the Bureau of Reclamation may acquire from any
willing seller through purchase, donation, or lease,
for water management uses pursuant to this title.'';
(4) in subsection (e), by striking the first sentence and
inserting the following: ``To participate in the Basin
Conservation Program, as described in subsection (b), an entity
shall submit to the Secretary a proposed water conservation
plan.'';
(5) in subsection (i)(3)--
(A) by striking ``purchase or lease'' each place it
appears and inserting ``purchase, lease, or
management''; and
(B) in the third sentence, by striking ``made
immediately upon availability'' and all that follows
through ``Committee'' and inserting ``continued as
needed to provide water to be used by the Yakima
Project Manager as recommended by the System Operations
Advisory Committee and the Conservation Advisory
Group''; and
(6) in subsection (j)(4), in the first sentence, by
striking ``initial acquisition'' and all that follows through
``flushing flows'' and inserting ``acquisition of water from
willing sellers or lessors specifically to provide improved
instream flows for anadromous and resident fish and other
aquatic life, including pulse flows to facilitate outward
migration of anadromous fish''.
SEC. 5. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.
(a) Redesignation of Yakama Nation.--Section 1204(g) of Public Law
103-434 (108 Stat. 4557) is amended--
(1) by striking the subsection designation and heading and
all that follows through paragraph (1) and inserting the
following:
``(g) Redesignation of Yakama Indian Nation to Yakama Nation.--
``(1) Redesignation.--The Confederated Tribes and Bands of
the Yakama Indian Nation shall be known and designated as the
`Confederated Tribes and Bands of the Yakama Nation'.''; and
(2) in paragraph (2), by striking ``deemed to be a
reference to the `Confederated Tribes and Bands of the Yakama
Indian Nation'.'' and inserting ``deemed to be a reference to
the `Confederated Tribes and Bands of the Yakama Nation'.''.
(b) Operation of Yakima Basin Projects.--Section 1205 of Public Law
103-434 (108 Stat. 4557) is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``additional''
after ``secure'';
(II) by striking ``flushing'' and
inserting ``pulse''; and
(III) by striking ``uses'' and
inserting ``uses, in addition to the
quantity of water provided under the
treaty between the Yakama Nation and
the United States'';
(ii) by striking clause (ii);
(iii) by redesignating clause (iii) as
clause (ii); and
(iv) in clause (ii) (as so redesignated) by
inserting ``and water rights mandated'' after
``goals''; and
(B) in subparagraph (B)(i), in the first sentence,
by inserting ``in proportion to the funding received''
after ``Program'';
(2) in subsection (b), in the second sentence, by striking
``instream flows for use by the Yakima Project Manager as
flushing flows or as otherwise'' and inserting ``fishery
purposes, as''; and
(3) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--Additional purposes of the Yakima
Project shall be any of the following:
``(A) To recover and maintain self-sustaining
harvestable populations of native fish, both anadromous
and resident species, throughout their historic
distribution range in the Yakima River basin.
``(B) To protect, mitigate, and enhance aquatic
life and wildlife.
``(C) Recreation.
``(D) Municipal, industrial, and domestic use.''.
(c) Enhancement of Water Supplies for Yakima Basin Tributaries.--
Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended--
(1) in the section heading, by striking ``supplies'' and
inserting ``management'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``supplies'' and inserting ``management'';
(B) in paragraph (1), by inserting ``and water
supply entities'' after ``owners''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting
``that choose not to participate in, or opt out
of, tributary enhancement projects pursuant to
this section'' after ``water right owners'';
and
(ii) in subparagraph (B), by inserting
``nonparticipating'' before ``tributary water
users'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking the paragraph designation
and all that follows through ``(but not limited
to)--'' and inserting the following:
``(1) In general.--The Secretary, following consultation
with the State of Washington, tributary water right owners, and
the Yakama Nation, and on agreement of appropriate water right
owners, is authorized to conduct studies to evaluate measures
to further Yakima Project purposes on tributaries to the Yakima
River. Enhancement programs that use measures authorized by
this subsection may be investigated and implemented by the
Secretary in tributaries to the Yakima River, including Taneum
Creek, other areas, or tributary basins that currently or could
potentially be provided supplemental or transfer water by
entities, such as the Kittitas Reclamation District or the
Yakima-Tieton Irrigation District, subject to the condition
that activities may commence on completion of applicable and
required feasibility studies, environmental reviews, and cost-
benefit analyses that include favorable recommendations for
further project development, as appropriate. Measures to
evaluate include--'';
(ii) by indenting subparagraphs (A) through
(F) appropriately;
(iii) in subparagraph (A), by inserting
before the semicolon at the end the following:
``, including irrigation efficiency
improvements (in coordination with programs of
the Department of Agriculture), consolidation
of diversions or administration, and diversion
scheduling or coordination'';
(iv) by redesignating subparagraphs (C)
through (F) as subparagraphs (E) through (H),
respectively;
(v) by inserting after subparagraph (B) the
following:
``(C) improvements in irrigation system management
or delivery facilities within the Yakima River basin
when those improvements allow for increased irrigation
system conveyance and corresponding reduction in
diversion from tributaries or flow enhancements to
tributaries through direct flow supplementation or
groundwater recharge;
``(D) improvements of irrigation system management
or delivery facilities to reduce or eliminate
excessively high flows caused by the use of natural
streams for conveyance or irrigation water or return
water;'';
(vi) in subparagraph (E) (as redesignated
by clause (iv)), by striking ``ground water''
and inserting ``groundwater recharge and'';
(vii) in subparagraph (G) (as so
redesignated), by inserting ``or transfer''
after ``purchase''; and
(viii) in subparagraph (H) (as so
redesignated), by inserting ``stream processes
and'' before ``stream habitats'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``the Taneum Creek study'' and
inserting ``studies under this subsection'';
(ii) in subparagraph (B)--
(I) by striking ``and economic''
and inserting ``, infrastructure,
economic, and land use''; and
(II) by striking ``and'' at the
end;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) any related studies already underway or
undertaken.''; and
(C) in paragraph (3), in the first sentence, by
inserting ``of each tributary or group of tributaries''
after ``study'';
(4) in subsection (c)--
(A) in the subsection heading, by inserting ``and
Nonsurface Storage'' after ``Nonstorage''; and
(B) in the matter preceding paragraph (1), by
inserting ``and nonsurface storage'' after
``nonstorage'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (2) of subsection (d) (as so
redesignated)--
(A) in the first sentence--
(i) by inserting ``and implementation''
after ``investigation'';
(ii) by striking ``other'' before ``Yakima
River''; and
(iii) by inserting ``and other water supply
entities'' after ``owners''; and
(B) by striking the second sentence.
(d) Chandler Pumping Plant and Powerplant-Operations at Prosser
Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562;
114 Stat. 1425) is amended by inserting ``negatively'' before
``affected''.
<all>