[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT OF 1994--
                         MESSAGE FROM THE HOUSE

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on a bill (S. 1146) to 
provide for the settlement of the water rights claims of the Yavapai-
Prescott Indian Tribe in Yavapai County, AZ, and for other purposes.
     TITLE I--YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Yavapai-Prescott Indian 
     Tribe Water Rights Settlement Act of 1994''.

     SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS.

       (a) Findings.--The Congress finds that--
       (1) it is the policy of the United States, in fulfillment 
     of its trust responsibility to the Indian tribes, to promote 
     Indian self-determination and economic self-sufficiency, and 
     to settle, wherever possible, the water rights claims of 
     Indian tribes without lengthy and costly litigation;
       (2) meaningful Indian self-determination and economic self-
     sufficiency depend on the development of viable Indian 
     reservation economies;
       (3) quantification of rights to water and development of 
     facilities needed to utilize tribal water supplies 
     effectively is essential to the development of viable Indian 
     reservation economies, particularly in arid western States;
       (4) on June 7, 1935, and by actions subsequent thereto, the 
     United States established a reservation for the Yavapai-
     Prescott Indian Tribe in Arizona adjacent to the city of 
     Prescott;
       (5) proceedings to determine the full extent of Yavapai-
     Prescott Tribe's water rights are currently pending before 
     the Superior Court of the State of Arizona in and for 
     Maricopa County, as part of the general adjudication of the 
     Gila River system and source;
       (6) recognizing that final resolution of the general 
     adjudication will take many years and entail great expense to 
     all parties, prolong uncertainty as to the full extent of the 
     Yavapai-Prescott Tribe's entitlement to water and the 
     availability of water supplies to fulfill that entitlement, 
     and impair orderly planning and development by the Tribe and 
     the city of Prescott; the Tribe, the city of Prescott, the 
     Chino Valley Irrigation District, the State of Arizona and 
     the United States have sought to settle all claims to water 
     between and among them;
       (7) representatives of the Yavapai-Prescott Tribe, the city 
     of Prescott, the Chino Valley Irrigation District, the State 
     of Arizona and the United States have negotiated a Settlement 
     Agreement to resolve all water rights claims between and 
     among them, and to provide the Tribe with long term, reliable 
     water supplies for the orderly development and maintenance of 
     the Tribe's reservation;
       (8) pursuant to the Settlement Agreement and the Water 
     Service Agreement, the quantity of water made available to 
     the Yavapai-Prescott Tribe by the city of Prescott and the 
     Chino Valley Irrigation District will be secured, such 
     Agreements will be continued in perpetuity, and the Tribe's 
     continued on-reservation use of water for municipal and 
     industrial, recreational and agricultural purposes will be 
     provided for;
       (9) to advance the goals of Federal Indian policy and to 
     fulfill the trust responsibility of the United States to the 
     Tribe, it is appropriate that the United States participate 
     in the implementation of the Settlement Agreement and assist 
     in firming up the long-term water supplies of the city of 
     Prescott and the Yavapai-Prescott Tribe so as to enable the 
     Tribe to utilize fully its water entitlements in developing a 
     diverse, efficient reservation economy; and
       (10) the assignment of the CAP contract of the Yavapai-
     Prescott Tribe and the CAP subcontract of the city of 
     Prescott is a cost-effective means to ensure reliable, long-
     term water supplies for the Yavapai-Prescott Tribe and to 
     promote efficient, environmentally sound use of available 
     water supplies in the Verde River basin.
       (b) Declaration of Purposes.--The Congress declares that 
     the purposes of this title are--
       (1) to approve, ratify and confirm the Settlement Agreement 
     among the Yavapai-Prescott Tribe, the city of Prescott, the 
     Chino Valley Irrigation District, the State of Arizona and 
     the United States;
       (2) to authorize and direct the Secretary of the Interior 
     to execute and perform the Settlement Agreement;
       (3) to authorize the actions and appropriations necessary 
     for the United States to fulfill its legal and trust 
     obligations to the Yavapai-Prescott Tribe as provided in the 
     Settlement Agreement and this title;
       (4) to require that expenditures of funds obtained through 
     the assignment of CAP contract entitlements by the Yavapai-
     Prescott Tribe and Prescott for the acquisition or 
     development of replacement water supplies in the Verde River 
     basin shall not be inconsistent with the goals of the 
     Prescott Active Management Area, preservation of riparian 
     habitat, flows and biota of the Verde River and its 
     tributaries; and
       (5) to repeal section 406(k) of Public Law 101-628 which 
     authorizes $30,000,000 in appropriations for the acquisition 
     of land and water resources in the Verde River basin and for 
     the development thereof as an alternative source of water for 
     the Fort McDowell Indian Community.

     SEC. 103. DEFINITIONS.

       For purposes of this title:
       (1) The term ``CAP'' means the Central Arizona Project, a 
     reclamation project authorized under title III of the 
     Colorado River Basin Project Act of 1968 (43 U.S.C. 1521 et 
     seq.).
       (2) The term ``CAWCD'' means the Central Arizona Water 
     Conservation District, organized under the laws of the State 
     of Arizona, which is the contractor under a contract with the 
     United States, dated December 1, 1988, for the delivery of 
     water and repayment of costs of the Central Arizona Project.
       (3) The term ``CVID'' means the Chino Valley Irrigation 
     District, an irrigation district organized under the laws of 
     the State of Arizona.
       (4) The term ``Prescott AMA'' means the Active Management 
     Area, established pursuant to Arizona law and encompassing 
     the Prescott ground water basin, wherein the primary goal is 
     to achieve balance between annual ground water withdrawals 
     and natural and artificial recharge by the year 2025.
       (5) The term ``Prescott'' means the city of Prescott, an 
     Arizona municipal corporation.
       (6) The term ``Reservation'' means the reservation 
     established by the Act of June 7, 1935 (49 Stat. 332) and the 
     Act of May 18, 1956 (70 Stat. 157) for the Yavapai-Prescott 
     Tribe of Indians.
       (7) The term ``Secretary'' means the Secretary of the 
     United States Department of the Interior.
       (8) The term ``Settlement Agreement'' means that agreement 
     entered into by the city of Prescott, the Chino Valley 
     Irrigation District, the Yavapai-Prescott Indian Tribe, the 
     State of Arizona, and the United States, providing for the 
     settlement of all water claims between and among them.
       (9) The term ``Tribe'' means the Yavapai-Prescott Indian 
     Tribe, a tribe of Yavapai Indians duly recognized by the 
     Secretary.
       (10) The term ``Water Service Agreement'' means that 
     agreement between the Yavapai-Prescott Indian Tribe and the 
     city of Prescott, as approved by the Secretary, providing for 
     water, sewer, and effluent service from the city of Prescott 
     to the Yavapai-Prescott Tribe.

     SEC. 104. RATIFICATION OF SETTLEMENT AGREEMENT.

       (a) Approval of Settlement Agreement.--To the extent the 
     Settlement Agreement does not conflict with the provisions of 
     this title, such Agreement is approved, ratified and 
     confirmed. The Secretary shall execute and perform such 
     Agreement, and shall execute any amendments to the Agreement 
     and perform any action required by any amendments to the 
     Agreement which may be mutually agreed upon by the parties.
       (b) Perpetuity.--The Settlement Agreement and Water Service 
     Agreement shall include provisions which will ensure that the 
     benefits to the Tribe thereunder shall be secure in 
     perpetuity. Notwithstanding the provisions of section 2103 of 
     the Revised Statutes of the United States (25 U.S.C. 81) 
     relating to the term of the Agreement, the Secretary is 
     authorized and directed to approve the Water Service 
     Agreement with a perpetual term.

     SEC. 105. ASSIGNMENT OF CAP WATER.

       The Secretary is authorized and directed to arrange for the 
     assignment of, or to purchase, the CAP contract of the Tribe 
     and the CAP subcontract of the city of Prescott to provide 
     funds for deposit into the Verde River Basin Water Fund 
     established pursuant to section 106.

     SEC. 106. REPLACEMENT WATER FUND; CONTRACTS.

       (a) Fund.--The Secretary shall establish a fund to be known 
     as the ``Verde River Basin Water Fund'' (hereinafter called 
     the ``Fund'') to provide replacement water for the CAP water 
     relinquished by the Tribe and by Prescott. Moneys in the Fund 
     shall be available without fiscal year limitations.
       (b) Content of Fund.--The Fund shall consist of moneys 
     obtained through the assignment or purchase of the contract 
     and subcontract referenced in section 105, appropriations as 
     authorized in section 109, and any moneys returned to the 
     Fund pursuant to subsection (d) of this section.
       (c) Payments From Fund.--The Secretary shall, subsequent to 
     the publication of a statement of findings as provided in 
     section 112(a), promptly cause to be paid from the Fund to 
     the Tribe the amounts deposited to the Fund from the 
     assignment or purchase of the Tribe's CAP contract, and, to 
     the city of Prescott, the amounts deposited to the Fund from 
     the assignment or purchase of the city's CAP subcontract.
       (d) Contracts.--The Secretary shall require, as a condition 
     precedent to the payment of any moneys pursuant to subsection 
     (c), that the Tribe and Prescott agree, by contract with the 
     Secretary, to establish trust accounts into which the 
     payments would be deposited and administered, to use such 
     moneys consistent with the purpose and intent of section 107, 
     to provide for audits of such accounts, and for the repayment 
     to the Fund, with interest, any amount determined by the 
     Secretary not to have been used within the purpose and intent 
     of section 107.

     SEC. 107. EXPENDITURES OF FUNDS.

       (a) By the City.--All moneys paid to Prescott for 
     relinquishing its CAP subcontract and deposited into a trust 
     account pursuant to section 106(d), shall be used for the 
     purposes of defraying expenses associated with the 
     investigation, acquisition or development of alternative 
     sources of water to replace the CAP water relinquished under 
     this title. Alternative sources shall be understood to 
     include, but not be limited to, retirement of agricultural 
     land and acquisition of associated water rights, development 
     of ground water resources outside the Prescott Active 
     Management Area established pursuant to the laws of the State 
     of Arizona, and artificial recharge; except that none of the 
     moneys paid to Prescott may be used for construction or 
     renovation of the city's existing waterworks or water 
     delivery system.
       (b) By the Tribe.--All funds paid to the Tribe for 
     relinquishing its CAP contract and deposited into a trust 
     account pursuant to section 106(d), shall be used to defray 
     its water service costs under the Water Service Agreement or 
     to develop and maintain facilities for on-reservation water 
     or effluent use.
       (c) No Per Capita Payments.--No amount of the Tribe's 
     portion of the Fund may be used to make per capita payments 
     to any member of the Tribe, nor may any amount of any payment 
     made pursuant to section 106(c) be distributed as a dividend 
     or per capita payment to any constituent, member, 
     shareholder, director or employee of Prescott.
       (d) Disclaimer.--Effective with the payment of funds 
     pursuant to section 106(c), the United States shall not be 
     liable for any claim or cause of action arising from the use 
     of such funds by the Tribe or by Prescott.

     SEC. 108. ENVIRONMENTAL COMPLIANCE.

       The Secretary, the Tribe and Prescott shall comply with all 
     applicable Federal environmental and State environmental and 
     water laws in developing alternative water sources pursuant 
     to section 107(a). Development of such alternative water 
     sources shall not be inconsistent with the goals of the 
     Prescott Active Management Area, preservation of the riparian 
     habitat, flows and biota of the Verde River and its 
     tributaries.

     SEC. 109. APPROPRIATIONS AUTHORIZATION AND REPEAL.

       (a) Authorization.--There are authorized to be appropriated 
     to the Fund established pursuant to section 106(a):
       (1) Such sums as may be necessary, but not to exceed 
     $200,000, to the Secretary for the Tribe's costs associated 
     with judicial confirmation of the settlement.
       (2) Such sums as may be necessary to establish, maintain 
     and operate the gauging station required under section 
     111(e).
       (b) State Contribution.--The State of Arizona shall 
     contribute $200,000 to the trust account established by the 
     Tribe pursuant to the Settlement Agreement and section 106(d) 
     for uses consistent with section 107(b).
       (c) Repeal.--Subsection 406(k) of the Act of November 28, 
     1990 (Public Law 101-628; 104 Stat. 4487) is repealed.

     SEC. 110. SATISFACTION OF CLAIMS.

       (a) Waiver.--The benefits realized by the Tribe or any of 
     its members under the Settlement Agreement and this title 
     shall constitute full and complete satisfaction of all claims 
     by the Tribe and all members' claims for water rights or 
     injuries to water rights under Federal and State laws 
     (including claims for water rights in ground water, surface 
     water and effluent) from time immemorial to the effective 
     date of this title, and for any and all future claims of 
     water rights (including claims for water rights in ground 
     water, surface water, and effluent) from and after the 
     effective date of this title. Nothing in this title shall be 
     deemed to recognize or establish any right of a member of the 
     Tribe to water on the Tribe's reservation.
       (b) Waiver and Release.--The Tribe, on behalf of itself and 
     its members, and the Secretary on behalf of the United 
     States, are authorized and required, as a condition to the 
     implementation of this title, to execute a waiver and 
     release, except as provided in subsection (d) and the 
     Settlement Agreement, of all claims of water rights or 
     injuries to water rights (including water rights in ground 
     water, surface water and effluent), from and after the 
     effective date of this title, which the Tribe and its members 
     may have, against the United States, the State of Arizona or 
     any agency or political subdivision thereof, or any other 
     person, corporation, or municipal corporation, arising under 
     the laws of the United States or the State of Arizona.
       (c) Waiver by United States.--Except as provided in 
     subsection (d) and the Settlement Agreement, the United 
     States, in its own right or on behalf of the Tribe, shall not 
     assert any claim against the State of Arizona or any 
     political subdivision thereof, or against any other person, 
     corporation, or municipal corporation, arising under the laws 
     of the United States or the State of Arizona based upon water 
     rights or injuries to water rights of the Tribe and its 
     members or based upon water rights or injuries to water 
     rights held by the United States on behalf of the Tribe and 
     its members.
       (d) Rights Retained.--In the event the waivers of claims 
     authorized in subsection (b) of this section do not become 
     effective pursuant to section 112(a), the Tribe, and the 
     United States on behalf of the Tribe, shall retain the right 
     to assert past and future water rights claims as to all 
     reservation lands.
       (e) Jurisdiction.--The United States District Court for the 
     District of Arizona shall have original jurisdiction of all 
     actions arising under this title, the Settlement Agreement 
     and the Water Service Agreement, including review pursuant to 
     title 9, United States Code, of any arbitration and award 
     under the Water Service Agreement.
       (f) Claims.--Nothing in this title shall be deemed to 
     prohibit the Tribe, or the United States on behalf of the 
     Tribe, from asserting or maintaining any claims for the 
     breach or enforcement of the Settlement Agreement or the 
     Water Service Agreement.
       (g) Disclaimer.--Nothing in this title shall affect the 
     water rights or claims related to any trust allotment located 
     outside the exterior boundaries of the reservation of any 
     member of the Tribe.
       (h) Full Satisfaction of Claims.--Payments made to Prescott 
     under this title shall be in full satisfaction for any claim 
     that Prescott might have against the Secretary or the United 
     States related to the allocation, reallocation, 
     relinquishment or delivery of CAP water.

     SEC. 111. MISCELLANEOUS PROVISIONS.

       (a) Joining of Parties.--In the event any party to the 
     Settlement Agreement should file a lawsuit in any United 
     States district court relating only and directly to the 
     interpretation or enforcement of the Settlement Agreement or 
     this title, naming the United States of America or the Tribe 
     as parties, authorization is hereby granted to join the 
     United States of America or the Tribe, or both, in any such 
     litigation, and any claim by the United States of America or 
     the Tribe to sovereign immunity from such suit is hereby 
     waived. In the event Prescott submits a dispute under the 
     Water Service Agreement to arbitration or seeks review by the 
     United States District Court for the District of Arizona of 
     an arbitration award under the Water Service Agreement, any 
     claim by the Tribe to sovereign immunity from such 
     arbitration or review is hereby waived.
       (b) No Reimbursement.--The United States of America shall 
     make no claims for reimbursement of costs arising out of the 
     implementation of the Settlement Agreement or this title 
     against any lands within the Yavapai-Prescott Indian 
     Reservation, and no assessment shall be made with regard to 
     such costs against such lands.
       (c) Water Management.--The Tribe shall establish a ground 
     water management plan for the Reservation which, except to be 
     consistent with the Water Service Agreement, the Settlement 
     Agreement and this title, will be compatible with the ground 
     water management plan in effect for the Prescott Active 
     Management Area and will include an annual information 
     exchange with the Arizona Department of Water Resources. In 
     establishing a ground water management plan pursuant to this 
     section, the Tribe may enter into a Memorandum of 
     Understanding with the Arizona Department of Water Resources 
     for consultation. Notwithstanding any other law, the Tribe 
     may establish a tribal water code, consistent with the above-
     described water management plan, under which the Tribe will 
     manage, regulate, and control the water resources granted it 
     in the Settlement Act, the Settlement Agreement, and the 
     Water Service Agreement, except that such management, 
     regulation and control shall not authorize any action 
     inconsistent with the trust ownership of the Tribe's water 
     resources.
       (d) Gauging Station.--The Secretary, acting through the 
     Geological Survey, shall establish, maintain and operate a 
     gauging station at the State Highway 89 bridge across Granite 
     Creek adjacent to the reservation to assist the Tribe and the 
     CVID in allocating the surface flows from Granite Creek as 
     provided in the Settlement Agreement.

     SEC. 112. EFFECTIVE DATE.

       (a) Waivers and Releases.--The waivers and releases 
     required by section 110(b) of this title shall become 
     effective as of the date the Secretary causes to be published 
     in the Federal Register a statement of findings that--
       (1)(A) the Secretary has determined that an acceptable 
     party, or parties, have executed contracts for the 
     assignments of the Tribe's CAP contract and the city of 
     Prescott's CAP subcontract, and the proceeds from the 
     assignments have been deposited into the Fund as provided in 
     section 106(d); or,
       (B) the Secretary has executed contracts for the 
     acquisition of the Tribe's CAP contract and the city of 
     Prescott's CAP subcontract as provided in section 106(d);
       (2) the stipulation which is attached to the Settlement 
     Agreement as exhibit 9.5, has been approved in substantially 
     the form of such exhibit no later than December 31, 1994;
       (3) the Settlement Agreement has been modified to the 
     extent it is in conflict with this title and has been 
     executed by the Secretary; and
       (4) the State of Arizona has appropriated and deposited 
     into the Tribe's trust account $200,000 as required by the 
     Settlement Agreement.
       (b) Deadline.--If the actions described in paragraphs (1), 
     (2), (3), and (4) of subsection (a) have not occurred by 
     December 31, 1995, any contract between Prescott and the 
     United States entered into pursuant to section 106(d) shall 
     not thereafter be effective, and any funds appropriated by 
     the State of Arizona pursuant to the Settlement Agreement 
     shall be returned by the Tribe to the State of Arizona.

     SEC. 113. OTHER CLAIMS.

       (a) Other Tribes.--Nothing in the Settlement Agreement or 
     this title shall be construed in any way to quantify or 
     otherwise adversely affect the land and water rights, claims 
     or entitlements to water of any Arizona Indian tribe, band or 
     community, other than the Tribe.
       (b) Federal Agencies.--Nothing in this title shall be 
     construed to affect the water rights or the water rights 
     claims of any Federal agency, other than the Bureau of Indian 
     Affairs on behalf of the Tribe.
                  TITLE II--AUBURN INDIAN RESTORATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Auburn Indian Restoration 
     Act''.

     SEC. 202. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 
                   PRIVILEGES.

       (a) Federal Recognition.--Notwithstanding any other 
     provision of law, Federal recognition is hereby extended to 
     the Tribe. Except as otherwise provided in this title, all 
     laws and regulations of general application to Indians or 
     nations, tribes, or bands of Indians that are not 
     inconsistent with any specific provision of this title shall 
     be applicable to the Tribe and its members.
       (b) Restoration of Rights and Privileges.--Except as 
     provided in subsection (d), all rights and privileges of the 
     Tribe and its members under any Federal treaty, Executive 
     order, agreement, or statute, or under any other authority 
     which were diminished or lost under the Act of August 18, 
     1958 (Public Law 85-671), are hereby restored and the 
     provisions of such Act shall be inapplicable to the Tribe and 
     its members after the date of enactment of this title.
       (c) Federal Services and Benefits.--Notwithstanding any 
     other provision of law and without regard to the existence of 
     a reservation, the Tribe and its members shall be eligible, 
     on and after the date of enactment of this title, for all 
     Federal services and benefits furnished to federally 
     recognized Indian tribes or their members. In the case of 
     Federal services available to members of federally recognized 
     Indian tribes residing on a reservation, members of the Tribe 
     residing in the Tribe's service area shall be deemed to be 
     residing on a reservation.
       (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing 
     in this title shall expand, reduce, or affect in any manner 
     any hunting, fishing, trapping, gathering, or water right of 
     the Tribe and its members.
       (e) Indian Reorganization Act Applicability.--The Act of 
     June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to 
     the Tribe and its members.
       (f) Certain Rights Not Altered.--Except as specifically 
     provided in this title, nothing in this title shall alter any 
     property right or obligation, any contractual right or 
     obligation, or any obligation for taxes levied.

     SEC. 203. ECONOMIC DEVELOPMENT.

       (a) Plan for Economic Development.--The Secretary shall--
       (1) enter into negotiations with the governing body of the 
     Tribe with respect to establishing a plan for economic 
     development for the Tribe;
       (2) in accordance with this section and not later than 2 
     years after the adoption of a tribal constitution as provided 
     in section 107, develop such a plan; and
       (3) upon the approval of such plan by the governing body of 
     the Tribe, submit such plan to the Congress.
       (b) Restrictions.--Any proposed transfer of real property 
     contained in the plan developed by the Secretary under 
     subsection (a) shall be consistent with the requirements of 
     section 104.

     SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST.

       (a) Lands To Be Taken In Trust.--The Secretary shall accept 
     any real property located in Placer County, California, for 
     the benefit of the Tribe if conveyed or otherwise transferred 
     to the Secretary if, at the time of such conveyance or 
     transfer, there are no adverse legal claims on such property, 
     including outstanding liens, mortgages, or taxes owed. The 
     Secretary may accept any additional acreage in the Tribe's 
     service area pursuant to the authority of the Secretary under 
     the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
       (b) Former Trust Lands of the Auburn Rancheria.--Subject to 
     the conditions specified in this section, real property 
     eligible for trust status under this section shall include 
     fee land held by the White Oak Ridge Association, Indian 
     owned fee land held communally pursuant to the distribution 
     plan prepared and approved by the Bureau of Indian Affairs on 
     August 13, 1959, and Indian owned fee land held by persons 
     listed as distributees or dependent members in such 
     distribution plan or such distributees' or dependent members' 
     Indian heirs or successors in interest.
       (c) Lands To Be Part of the Reservation.--Subject to the 
     conditions imposed by this section, any real property 
     conveyed or transferred under this section shall be taken in 
     the name of the United States in trust for the Tribe or, as 
     applicable, an individual member of the Tribe, and shall be 
     part of the Tribe's reservation.

     SEC. 205. MEMBERSHIP ROLLS.

       (a) Compilation of Tribal Membership Roll.--Within 1 year 
     after the date of the enactment of this title, the Secretary 
     shall, after consultation with the Tribe, compile a 
     membership roll of the Tribe.
       (b) Criteria for Enrollments.--(1) Until a tribal 
     constitution is adopted pursuant to section 207, an 
     individual shall be placed on the membership roll if the 
     individual is living, is not an enrolled member of another 
     federally recognized Indian tribe, is of United Auburn Indian 
     Community ancestry, possesses at least one-eighth or more of 
     Indian blood quantum, and if--
       (A) the individual's name was listed on the Auburn Indian 
     Rancheria distribution roll compiled and approved by the 
     Bureau of Indian Affairs on August 13, 1959, pursuant to 
     Public Law 85-671;
       (B) the individual was not listed on, but met the 
     requirements that had to be met to be listed on, the Auburn 
     Indian Rancheria distribution list compiled and approved by 
     the Bureau of Indian Affairs on August 13, 1959, pursuant to 
     Public Law 85-671; or
       (C) the individual is a lineal descendant of an individual, 
     living or dead, identified in subparagraph (A) or (B).
       (2) After adoption of a tribal constitution pursuant to 
     section 207, such tribal constitution shall govern membership 
     in the Tribe, except that in addition to meeting any other 
     criteria imposed in such tribal constitution, any person 
     added to the membership roll shall be of United Auburn Indian 
     Community ancestry and shall not be an enrolled member of 
     another federally recognized Indian tribe.
       (c) Conclusive Proof of United Auburn Indian Community 
     Ancestry.--For the purpose of subsection (b), the Secretary 
     shall accept any available evidence establishing United 
     Auburn Indian Community ancestry. The Secretary shall accept 
     as conclusive evidence of United Auburn Indian Community 
     ancestry information contained in the Auburn Indian Rancheria 
     distribution list compiled by the Bureau of Indian Affairs on 
     August 13, 1959.

     SEC. 206. INTERIM GOVERNMENT.

       Until a new tribal constitution and bylaws are adopted and 
     become effective under section 207, the Tribe's governing 
     body shall be an Interim Council. The initial membership of 
     the Interim Council shall consist of the members of the 
     Executive Council of the Tribe on the date of the enactment 
     of this title, and the Interim Council shall continue to 
     operate in the manner prescribed for the Executive Council 
     under the tribal constitution adopted July 20, 1991, as long 
     as such constitution is not contrary to Federal law. Any new 
     members filling vacancies on the Interim council shall meet 
     the enrollment criteria set forth in section 205(b) and be 
     elected in the same manner as are Executive Council members 
     under the tribal constitution adopted July 20, 1991.

     SEC. 207. TRIBAL CONSTITUTION.

       (a) Election; Time and Procedure.--Upon the completion of 
     the tribal membership roll under section 205(a) and upon the 
     written request of the Interim Council, the Secretary shall 
     conduct, by secret ballot, an election for the purpose of 
     adopting a constitution and bylaws for the Tribe. The 
     election shall be held according to section 16 of the Act of 
     June 18, 1934 (25 U.S.C. 476), except that absentee balloting 
     shall be permitted regardless of voter residence.
       (b) Election of Tribal Officials; Procedures.--Not later 
     than 120 days after the Tribe adopts a constitution and 
     bylaws under subsection (a), the Secretary shall conduct an 
     election by secret ballot for the purpose of electing tribal 
     officials as provided in such tribal constitution. Such 
     election shall be conducted according to the procedures 
     specified in subsection (a) except to the extent that such 
     procedures conflict with the tribal constitution.

     SEC. 208. DEFINITIONS.

       For purposes of this title:
       (1) The term ``Tribe'' means the United Auburn Indian 
     Community of the Auburn Rancheria of California.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``Interim Council'' means the governing body 
     of the Tribe specified in section 206.
       (4) The term ``member'' means those persons meeting the 
     enrollment criteria under section 205(b).
       (5) The term ``State'' means the State of California.
       (6) The term ``reservation'' means those lands acquired and 
     held in trust by the Secretary for the benefit of the Tribe 
     pursuant to section 204.
       (7) The term ``service area'' means the counties of Placer, 
     Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
     of California.

     SEC. 209. REGULATIONS.

       The Secretary may promulgate such regulations as may be 
     necessary to carry out the provisions of this title.
                    TITLE III--CENTRAL UTAH PROJECT

     SEC. 301. APPLICATION OF THE WARREN ACT.

       (a) Authority.--The Secretary of the Interior may--
       (1) enter into contracts with private entities pursuant to 
     the Act of February 21, 1911 (commonly known as the ``Warren 
     Act'') (36 Stat. 925 et seq., chapter 141; 43 U.S.C. 523 et 
     seq.), for the impounding, storage, and carriage of 
     nonproject water for domestic, municipal, fish and wildlife, 
     industrial, and other beneficial purposes, using any 
     facilities associated with the Central Utah Project, Utah; 
     and
       (2) enter into agreements, under terms and conditions 
     authorized for contracts under such Act, with appropriate 
     officials of other Federal agencies, municipalities, public 
     water districts and agencies, and States for impounding, 
     storage, and carriage of nonproject water for purposes 
     described in paragraph (1) using facilities referred to in 
     such paragraph.
       (b) Nonproject Water Defined.--In subsection (a), the term 
     ``nonproject water'' means water that is not from a Federal 
     Reclamation project.

     SEC. 302. UTAH RECLAMATION MITIGATION AND CONSERVATION 
                   COMMISSION.

       Section 301(d) of Public Law 102-575 (106 Stat. 4626) is 
     amended by adding the following new paragraph at the end:
       ``(8) Any employee of the District or member of the Board 
     of Directors of the District may serve as a member of the 
     Commission.''.
                    TITLE IV--MOUNTAIN PARK PROJECT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Mountain Park Project Act 
     of 1994''.

     SEC. 402. MODIFICATION OF MOUNTAIN PARK PROJECT.

       (a) In General.--The first section of the Act entitled ``An 
     Act to authorize the Secretary of the Interior to construct, 
     operate, and maintain the Mountain Park reclamation project, 
     Oklahoma, and for other purposes'' (Public Law 90-503; 82 
     Stat. 853) is amended by striking out ``and controlling 
     floods.'' and inserting in lieu thereof ``controlling floods, 
     and environmental quality activities. As used in this Act, 
     the term `environmental quality activity' means any activity 
     that primarily benefits the quality of natural environmental 
     resources.''.
       (b) Reallocation of Project Costs.--Such Act is further 
     amended by adding at the end the following new section:
       ``Sec. 7. (a)(1) Not later than 180 days after the date of 
     enactment of the Mountain Park Project Act of 1994, the 
     Secretary of the Interior (referred to in this section as the 
     `Secretary') shall--
       ``(A) conduct appropriate investigations to determine 
     environmental quality activities that could be carried out 
     for the Mountain Park project; and
       ``(B) on the basis of the determination made under 
     subparagraph (A), make an appropriate reallocation of the 
     costs of the project under sections 2 and 3 (referred to in 
     this section as `project costs') to accommodate the 
     environmental quality activities that the Secretary 
     authorizes pursuant to this subsection.
       ``(2) In conducting investigations under this subsection, 
     the Secretary shall examine the benefits to natural 
     environmental resources achievable from an environmental 
     quality activity that requires reallocating water or using 
     facilities or land of the Mountain Park project, including 
     any of the following activities:
       ``(A) Developing in-stream flows.
       ``(B) Developing wetland habitat.
       ``(C) Any other environmental quality activity that the 
     Secretary determines to be appropriate to benefit the overall 
     quality of the environment.
       ``(b)(1) Upon completion of the investigations under 
     subsection (a)(2), the Secretary shall carry out the 
     following:
       ``(A) The preparation of a proposed reallocation of project 
     costs in conformance with subsection (a)(1)(B).
       ``(B) Negotiations with the Mountain Park Master 
     Conservancy District (referred to in this section as the 
     `District') to amend the contract executed by the District 
     pursuant to this Act to adjust the obligation of the District 
     to repay project costs, as described in section 2, to reflect 
     the reallocation of nonreimbursable project costs.
       ``(2) For the purposes of paragraph (1), project costs 
     associated with an environmental quality activity specified 
     by the Secretary pursuant to subsection (a)(2) shall be 
     nonreimbursable project costs.
       ``(c)(1) Notwithstanding any other provision of this Act, 
     the Secretary is authorized to accept prepayment of the 
     repayment obligation of the District for the reimbursable 
     construction costs of the project allocated to municipal and 
     industrial water supply for the city of Altus, Oklahoma, the 
     city of Frederick, Oklahoma, or the city of Snyder, Oklahoma 
     (or any combination thereof), and, upon receipt of such 
     prepayment, the District's obligation to the United States 
     shall be reduced by the amount of such costs, and any 
     security held therefor, shall be released by the Secretary.
       ``(2) Any prepayment made pursuant to subsection (c)(1) 
     shall realize to the United States an amount calculated by 
     discounting the remaining repayment obligation by the 
     interest rate determined in accordance with subsection (d).
       ``(d)(1) The Secretary of the Treasury shall determine the 
     interest rate in accordance with the guidelines set forth in 
     Circular A-129 issued by the Office of Management and Budget 
     and the Department of Treasury Financial Manual. In 
     determining the interest rate, the Secretary shall consider 
     the price of the District's obligation if it were to be sold 
     on the open market to a third party.
       ``(2) If the District uses tax-exempt financing to finance 
     a prepayment under subsection (c)(1), then the interest rate 
     by which the Secretary discounts the remaining payments due 
     on the District's obligation shall be adjusted by an amount 
     that compensates the United States for the direct or indirect 
     loss of future tax revenues.
       ``(e) Notwithstanding any payment made by the District 
     pursuant to this section or pursuant to any contract with the 
     Secretary, title to the project facilities shall remain with 
     the United States.''.
       (c) Repeal.--Section 3101 of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4698) is repealed.
            TITLE V--SAN ANGELO FEDERAL RECLAMATION PROJECT

     SEC. 501. INCREASE IN IRRIGABLE ACREAGE.

       (a) In General.--The first section of the Act entitled ``An 
     Act to provide for the construction by the Secretary of the 
     Interior of the San Angelo Federal reclamation project, 
     Texas, and for other purposes'', approved August 16, 1957 (71 
     Stat. 372), is amended by striking ``ten thousand acres'' and 
     inserting ``fifteen thousand acres''.
       (b) Amendment to Contract.--The Secretary of the Interior 
     is authorized to amend contract numbered 14-06-500-369 to 
     reflect the amendment made by subsection (a), except that 
     such amendment shall not be construed to require a change in 
     the proportionate amount of all remaining payments due and 
     payable to the United States by Tom Green County Water 
     Control Improvement District No. 1.
             TITLE VI--SHOSHONE FEDERAL RECLAMATION PROJECT

     SEC. 601. CONVEYANCE TO THE BIG HORN COUNTY SCHOOL DISTRICT.

       The Secretary of the Interior shall convey, by quit claim 
     deed, to the Big Horn County School District, Wyoming, all 
     right, title, and interest of the United States in and to the 
     following described lands in Big Horn County, Wyoming: Lot 18 
     of Block 22, Lots 1-6 of Block 25, all of Block 21, and all 
     within the town of Frannie, Wyoming, in the S\1/2\NW\1/
     4\NW\1/4\ and N\1/2\SW\1/4\NW\1/4\ of T. 58N., R. 97 W., Big 
     Horn County.
                         TITLE VII--LAKE POWELL

     SEC. 701. ELIMINATION OF 24-HOUR RESTRICTION.

       The second sentence of section 104(c) of the Reclamation 
     Development Act of 1974 (Public Law 93-493; 88 Stat. 1488) is 
     amended by striking ``or three million gallons of water in 
     any twenty-four-hour period,''.
           TITLE VIII--MNI WICONI RURAL WATER SUPPLY PROJECT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Mni Wiconi Act Amendments 
     of 1994''.

     SEC. 802. REFERENCE.

       Whenever in this title a section or other provision is 
     amended or repealed, such amendment or repeal shall be 
     considered to be made to that section or other provision of 
     the Mni Wiconi Project Act of 1988 (102 Stat. 2566).

     SEC. 803. FINDINGS AND PURPOSES.

       (a) Findings.--Subsection (a) of section 2 (102 Stat. 2566) 
     is amended--
       (1) in paragraph (1), by striking ``Reservation'' and 
     inserting ``Reservation, Rosebud Indian Reservation, and 
     Lower Brule Indian Reservation'';
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively, and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) the lack of water supplies on the Rosebud Reservation 
     and Lower Brule Reservation restrict efforts to promote 
     economic development on those reservations;'';
       (3) in paragraph (5), as redesignated by paragraph (2) of 
     this subsection, by striking ``Reservation;'' and inserting 
     ``Reservation, Rosebud Indian Reservation, and Lower Brule 
     Indian Reservation;''; and
       (4) in paragraph (6), as redesignated by paragraph (2) of 
     this subsection, by inserting ``Rosebud Indian Reservation 
     and Lower Brule Indian Reservation,'' after ``Reservation,''.
       (b) Purpose.--Subsection (b) of section 2 (102 Stat. 2566) 
     is amended by inserting ``, Rosebud Indian Reservation, and 
     Lower Brule Indian Reservation'' after ``Reservation'' each 
     place it appears.

     SEC. 804. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.

       (a) Authorization.--Subsection (a) of section 3 (102 Stat. 
     2567) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``1988.'' and inserting ``1988, and as more specifically 
     described in the Final Engineering Report dated May, 1993.''; 
     and
       (2) by amending paragraph (3) to read as follows:
       ``(3) facilities to allow for interconnections with the 
     West River Rural Water System, Lyman-Jones Rural Water 
     System, Rosebud Sioux Rural Water System, and Lower Brule 
     Sioux Rural Water System;''.
       (b) Construction Requirements.--Subsection (d) of such 
     section (102 Stat. 2568) is amended--
       (1) by striking ``West River Rural Water System, and the 
     Lyman-Jones Rural Water System,''; and by inserting ``West 
     River Rural Water System, the Lyman-Jones Rural Water System, 
     the Rosebud Sioux Rural Water System, and the Lower Brule 
     Sioux Rural Water System,''; and
       (2) by striking ``three systems'' and inserting ``five 
     systems authorized under this Act''.
       (c) Title to System.--Subsection (e) of such section (102 
     Stat. 2568) is amended by inserting ``or encumbered'' after 
     ``transferred''.

     SEC. 805. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES RURAL 
                   WATER SYSTEM.

       Section 4(a) of the Act is amended--
       (1) in paragraph (2), by striking out ``65 per centum'' and 
     inserting in lieu thereof ``80 percent''; and
       (2) in paragraph (3), by striking out ``35 per centum'' and 
     inserting in lieu thereof ``20 percent''.

     SEC. 806. ROSEBUD SIOUX RURAL WATER SYSTEM AND LOWER BRULE 
                   SIOUX RURAL WATER SYSTEM.

       The Act is amended by inserting after section 3 the 
     following:

     ``SEC. 3A. ROSEBUD SIOUX RURAL WATER SYSTEM.

       ``(a) Authorization.--The Secretary is authorized and 
     directed to plan, design, construct, operate, maintain, and 
     replace a municipal, rural, and industrial water system, to 
     be known as the Rosebud Sioux Rural Water System, as 
     generally described in the Rosebud Sioux Tribe Municipal, 
     Rural and Industrial Water Needs Assessment, dated July 1993, 
     and the Final Engineering Report for the Mni Wiconi Rural 
     Water Supply Project dated May, 1993. The Rosebud Sioux Rural 
     Water system shall consist of--
       ``(1) necessary pumping and treatment facilities;
       ``(2) pipelines extending from the points of 
     interconnections with the Oglala Sioux Rural Water System to 
     the Rosebud Indian Reservation;
       ``(3) facilities to allow for interconnections with the 
     Lyman-Jones Rural Water Supply System;
       ``(4) distribution and treatment facilities to serve the 
     needs of the Rosebud Indian Reservation, and other areas 
     described in the Rosebud Sioux Tribe Municipal, Rural and 
     Industrial Water Needs Assessment, dated July 1993, including 
     (but not limited to) the purchase, improvement and repair of 
     existing water systems, including systems owned by individual 
     tribal members and other residents of the Rosebud Indian 
     Reservation;
       ``(5) appurtenant buildings and property rights;
       ``(6) necessary property and property rights;
       ``(7) electrical power transmission and distribution 
     facilities necessary for services to water systems 
     facilities; and
       ``(8) such other pipelines, pumping plants, and facilities 
     as the Secretary deems necessary and appropriate to meet the 
     water supply, economic, public health, and environmental 
     needs of the reservation, including (but not limited to) 
     water storage tanks, water lines, and other facilities for 
     the Rosebud Sioux Tribe and reservation villages, towns, and 
     municipalities.
       ``(b) Agreement With Non-Federal Entity to Plan, Design, 
     Construct, Operate and Maintain the Rosebud Sioux Rural Water 
     Supply System.--
       ``(1) In carrying out subsection (a), the Secretary, with 
     the concurrence of the Rosebud Sioux Tribal Council, shall 
     enter into cooperative agreements with the appropriate non-
     Federal entity or entities for planning, designing, 
     constructing, operating, maintaining, and replacing the 
     Rosebud Sioux Rural Water System.
       ``(2) Such cooperative agreements shall set forth, in a 
     manner acceptable to the Secretary--
       ``(A) the responsibilities of the parties for needs 
     assessment, feasibility, and environmental studies; 
     engineering and design; construction; water conservation 
     measures; and administration of any contracts with respect to 
     this subparagraph;
       ``(B) the procedures and requirements for approval and 
     acceptance of such design and construction; and
       ``(C) the rights, responsibilities, and liabilities of each 
     party to the agreement.
       ``(3) Such cooperative agreements may include purchase, 
     improvement, and repair of existing water systems, including 
     systems owned by individual tribal members and other 
     residents located on the Rosebud Indian Reservation.
       ``(4) The Secretary may unilaterally terminate any 
     cooperative agreement entered into pursuant to this section 
     if the Secretary determines that the quality of construction 
     does not meet all standards established for similar 
     facilities constructed by the Secretary or that the operation 
     and maintenance of the system does not meet conditions 
     acceptable to the Secretary for fulfilling the obligations of 
     the United States to the Rosebud Sioux Tribe.
       ``(5) Upon execution of any cooperative agreement 
     authorized under this section, the Secretary is authorized to 
     transfer to the appropriate non-Federal entity, on a 
     nonreimbursable basis, the funds authorized to be 
     appropriated by section 10(a) for the Rosebud Sioux Rural 
     Water System.
       ``(c) Service Area.--The service area of the Rosebud Sioux 
     Rural Water System shall extend to all of Todd County, South 
     Dakota, and to all other territory and lands generally 
     described in the Rosebud Sioux Tribe Municipal, Rural and 
     Industrial Water Needs Assessment, dated July 1993 and the 
     Final Engineering Report for the Mni Wiconi Rural Water 
     Supply Project dated May 1993.
       ``(d) Construction Requirements.--The pumping plants, 
     pipelines, treatment facilities, and other appurtenant 
     facilities for the Rosebud Sioux Rural Water System shall be 
     planned and constructed to a size sufficient to meet the 
     municipal, rural and industrial water supply requirements of 
     the Rosebud Sioux Tribe and the Lyman-Jones Rural Water 
     System, as generally described in the Rosebud Sioux Tribe 
     Municipal, Rural and Industrial Water Needs Assessment, dated 
     July 1993, and the Final Engineering Report for the Mni 
     Wiconi Rural Water Supply Project dated May, 1993, taking 
     into account the effects of the conservation plans described 
     in section 5. The Rosebud Rural Water System and Lyman-Jones 
     Rural Water System may be interconnected and provided with 
     water service from common facilities. Any joint costs 
     associated with common facilities shall be allocated to the 
     Rosebud Sioux Rural Water System.
       ``(e) Title to System.--Title to the Rosebud Sioux Rural 
     Water System shall be held in trust for the Rosebud Sioux 
     Tribe by the United States and shall not be transferred or 
     encumbered without a subsequent Act of Congress.
       ``(f) Technical Assistance.--The Secretary is authorized 
     and directed to provide such technical assistance as may be 
     necessary to the Rosebud Sioux Tribe to plan, develop, 
     construct, operate, maintain, and replace the Rosebud Sioux 
     Rural Water System, including (but not limited to) operation 
     and management training.
       ``(g) Application of the Indian Self-Determination Act.--
     Planning, design, construction, and operation of the Rosebud 
     Sioux Rural Water System shall be subject to the provisions 
     of the Indian Self-Determination Act (Public Law 93-638, 25 
     U.S.C. 450).

     ``SEC. 3B. LOWER BRULE SIOUX RURAL WATER SYSTEM.

       ``(a) Authorization.--The Secretary is authorized and 
     directed to plan, design, construct, operate, maintain, and 
     replace a municipal, rural, and industrial water system, to 
     be known as the Lower Brule Sioux Rural Water System, as 
     generally described in the Final Engineering Report for the 
     Mni Wiconi Rural Water Supply Project, dated May 1993. The 
     Lower Brule Sioux Rural Water System shall consist of--
       ``(1) necessary pumping and treatment facilities;
       ``(2) pipelines extending from the points of 
     interconnections with the Oglala Sioux Rural Water Supply 
     System to the Lower Brule Indian Reservation;
       ``(3) facilities to allow for interconnections with the 
     Lyman-Jones Rural Water Supply System;
       ``(4) distribution and treatment facilities to serve the 
     needs of the Lower Brule Indian Reservation, including (but 
     not limited to) the purchase, improvement and repair of 
     existing water systems, including systems owned by individual 
     tribal members and other residents of the Lower Brule Indian 
     Reservation;
       ``(5) appurtenant buildings and property rights;
       ``(6) necessary property and property rights;
       ``(7) electrical power transmission and distribution 
     facilities necessary for services to water systems 
     facilities; and
       ``(8) such other pipelines, pumping plants, and facilities 
     as the Secretary deems necessary and appropriate to meet the 
     water supply, economic, public health, and environmental 
     needs of the reservation, including (but not limited to) 
     water storage tanks, water lines, and other facilities for 
     the Lower Brule Sioux Tribe and reservation villages, towns 
     and municipalities.
       ``(b) Agreement With Non-Federal Entity To Plan, Design, 
     Construct, Operate and Maintain the Lower Brule Sioux Rural 
     Water Supply System.--
       ``(1) In carrying out subsection (a), the Secretary, with 
     the concurrence of the Lower Brule Sioux Tribal Council, 
     shall enter into cooperative agreements with the appropriate 
     non-Federal entity or entities for planning, designing, 
     constructing, operating, maintaining, and replacing the Lower 
     Brule Sioux Rural Water System.
       ``(2) Such cooperative agreements shall set forth, in a 
     manner acceptable to the Secretary--
       ``(A) the responsibilities of the parties for needs 
     assessment, feasibility, and environmental studies; 
     engineering and design, construction; water conservation 
     measures; and administration of any contracts with respect to 
     this subparagraph;
       ``(B) the procedures and requirements for approval and 
     acceptance of such design and construction; and
       ``(C) the rights, responsibilities, and liabilities of each 
     party to the agreement.
       ``(3) Such cooperative agreements may include purchase, 
     improvement, and repair of existing water systems, including 
     systems owned by individual tribal members and other 
     residents located on the Lower Brule Indian Reservation.
       ``(4) The Secretary may unilaterally terminate any 
     cooperative agreement entered into pursuant to this section 
     if the Secretary determines that the quality of construction 
     does not meet all standards established for similar 
     facilities constructed by the Secretary or that the operation 
     and maintenance of the system does not meet conditions 
     acceptable to the Secretary for fulfilling the obligations of 
     the United States to the Lower Brule Sioux Tribe.
       ``(5) Upon execution of any cooperative agreement 
     authorized under this section, the Secretary is authorized to 
     transfer to the appropriate non-Federal entity, on a 
     nonreimbursable basis, the funds authorized to be 
     appropriated by section 10(a) for the Lower Brule Sioux Rural 
     Water System.
       ``(c) Service Area.--The service area of the Lower Brule 
     Sioux Rural Water System shall be the boundaries of the Lower 
     Brule Indian Reservation.
       ``(d) Construction Requirements.--The pumping plants, 
     pipelines, treatment facilities, and other appurtenant 
     facilities for the Lower Brule Sioux Rural Water System shall 
     be planned and constructed to a size sufficient to meet the 
     municipal, rural, and industrial water supply requirements of 
     the Lower Brule Sioux Tribe and the Lyman-Jones Rural Water 
     System, as generally described in the Final Engineering 
     Report of the Mni Wiconi Rural Water Supply Project, dated 
     May 1993, taking into account the effects of the conservation 
     plans described in section 5. The Lower Brule Sioux Rural 
     Water System and Lyman-Jones Rural Water System may be 
     interconnected and provided with water service from common 
     facilities. Any joint costs associated with common facilities 
     shall be allocated to the Lower Brule Sioux Rural Water 
     System.
       ``(e) Title to System.--Title to the Lower Brule Sioux 
     Rural Water System shall be held in trust for the Lower Brule 
     Sioux Tribe by the United States and shall not be transferred 
     or encumbered without a subsequent Act of Congress.
       ``(f) Technical Assistance.--The Secretary is authorized 
     and directed to provide such technical assistance as may be 
     necessary to the Lower Brule Sioux Tribe to plan, develop, 
     construct, operate, maintain, and replace the Lower Brule 
     Sioux Rural Water System, including (but not limited to) 
     operation and management training.
       ``(g) Application of the Indian Self-Determination Act.--
     Planning, design, construction, and operation of the Lower 
     Brule Sioux Rural Water System shall be subject to the 
     provisions of the Indian Self-Determination Act (Public Law 
     93-638, 25 U.S.C. 450).''.

     SEC. 807. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES RURAL 
                   WATER SYSTEM.

       (a) Service Area.--Subsection (d) of section 4 (102 Stat. 
     2569) is amended by striking the period at the end thereof 
     and inserting ``, and Final Engineering Report dated May 
     1993.''.
       (b) Interconnection of Facilities and Waiver of Charges.--
     Section 4 of the Act (102 Stat. 2568) is amended by 
     redesignating subsection (f) as subsection (g) and inserting 
     after subsection (e) the following new subsection:
       ``(f) Interconnection of Facilities and Waiver of 
     Charges.--The Secretary is authorized to interconnect the 
     Lyman-Jones Rural Water System, and the West River Rural 
     Water System, with each of the other systems authorized under 
     this Act, and to provide for the delivery of water to the 
     West River Rural Water System, and Lyman-Jones Rural Water 
     System, without charge or cost, from the Missouri River and 
     through common facilities of the Oglala Sioux Rural Water 
     Supply System, Rosebud Rural Water System and Lower Brule 
     Rural Water System.''.

     SEC. 808. WATER CONSERVATION.

       Section 5 of the Act (102 Stat. 2570) is amended by 
     striking ``The non-Federal parties (including the Oglala 
     Sioux Tribe)'' and inserting ``Each non-Federal party 
     (including the Oglala Sioux Tribe, Rosebud Sioux Tribe, and 
     Lower Brule Sioux Tribe)''.

     SEC. 809. MITIGATION OF FISH AND WILDLIFE LOSSES.

       Section 6 of the Act (102 Stat. 2570) is amended--
       (1) in subsection (a)--
       (A) by inserting ``, Rosebud Sioux Rural Water Supply 
     System, Lower Brule Sioux Rural Water Supply System,'' after 
     ``Supply System''; and
       (B) by inserting ``Rosebud Sioux Rural Water Supply System, 
     Lower Brule Sioux Rural Water Supply System,'' after ``Supply 
     System,''; and
       (2) in subsection (b)--
       (A) by inserting ``, all Indian tribes residing on 
     reservations within the State of South Dakota,'' after 
     ``South Dakota'';
       (B) by inserting ``and terrestrial'' after ``wildlife'';
       (C) by striking ``Such plans'' and inserting ``Such 
     recommendations''; and
       (D) by adding at the end the following:
     ``The Indian tribes shall be afforded an opportunity to 
     review and concur within any recommendations affecting their 
     reservations before they are submitted to Congress.''.

     SEC. 810. PROHIBITION OF USE OF FUNDS FOR IRRIGATION 
                   PURPOSES.

       Section 7 of the Act (102 Stat. 2570) is amended by 
     striking ``Supply System,'' and inserting ``Supply System, 
     the Rosebud Sioux Rural Water Supply System, the Lower Brule 
     Rural Water Supply System,''.

     SEC. 811. RULE OF CONSTRUCTION.

       Section 8 of the Act (102 Stat. 2570) is amended--
       (1) by inserting ``, Rosebud Sioux Tribe, and Lower Brule 
     Sioux Tribe'' after ``Tribe''; and
       (2) by striking ``or construct'' and inserting ``construct, 
     maintain, or replace''.

     SEC. 812. USE OF PICK-SLOAN POWER.

       (a) In General.--Subsection (a) of section 9 (102 Stat. 
     2570) is amended by striking ``sections 3'' and inserting 
     ``sections 3, 3A, 3B,''.
       (b) Definitions.--Subsection (e)(1) of section 9 (102 Stat. 
     2571) is amended by striking ``Supply System,'' and inserting 
     ``Supply System, the Rosebud Sioux Rural Water Supply System, 
     the Lower Brule Sioux Rural Water Supply System,''.

     SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of the Act (102 Stat. 2571) is amended to read 
     as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Planning, Design, and Construction.--There are 
     authorized to be appropriated $263,241,000 for the planning, 
     design, and construction of the Oglala Sioux Rural Water 
     Supply System, the Rosebud Sioux Rural Water Supply System, 
     the Lower Brule Sioux Rural Water Supply System, the West 
     River Rural Water Supply System, and the Lyman-Jones Rural 
     Water Supply System described in sections 3, 3A, 3B, and 4. 
     Such funds are authorized to be appropriated only through the 
     end of the year 2003. The funds authorized to be appropriated 
     by the first sentence of this section, less any amounts 
     previously obligated for the Systems, may be increased or 
     decreased by such amounts as may be justified by reason of 
     ordinary fluctuations in development costs incurred after 
     October 1, 1992, as indicated by engineering costs indices 
     applicable for the type of construction involved.
       ``(b) Operation and Maintenance of Oglala Sioux Rural Water 
     Supply System, Rosebud Sioux Rural Water Supply System and 
     Lower Brule Sioux Rural Water Supply System.--There are 
     authorized to be appropriated such sums as may be necessary 
     for the operation and maintenance of the Oglala Sioux Rural 
     Water Supply System, Rosebud Sioux Rural Water Supply System 
     and Lower Brule Sioux Rural Water Supply System. The 
     operation and maintenance expenses associated with water 
     deliveries to the West River and Lyman-Jones Rural Water 
     Systems are a non-Federal responsibility and for such 
     deliveries the Secretary shall enter into a contract with the 
     West River and Lyman-Jones Systems for the payment of an 
     annual operation and maintenance fee. Such fee shall be based 
     on the incremental operation and maintenance costs for water 
     actually delivered each year to the West River and Lyman-
     Jones Rural Water Systems. Such operation and maintenance 
     payments shall be increased or decreased by such amounts as 
     may be justified by reason of ordinary fluctuations as 
     indicated by indices applicable to comparable regional rural 
     water supply systems for the type of operation and 
     maintenance involved.
       ``(c) Waste Water Disposal Systems Feasibility Studies.--
     There is authorized to be appropriated such sums as may be 
     necessary to complete the feasibility studies authorized by 
     section 15(c).''.

     SEC. 814. WATER RIGHTS.

       Paragraph (5) of section 11 (102 Stat. 2571) is amended--
       (1) by inserting ``rights, benefits, privileges or claims, 
     including'' after ``affect any'';
       (2) by inserting ``Rosebud Sioux Tribe and Lower Brule 
     Sioux Tribe,'' after ``Tribe,'' the first place it appears;
       (3) by striking ``the Pine Ridge Indian Reservation'' and 
     inserting ``their respective reservations''; and
       (4) by striking ``Tribe,'' the second place it appears and 
     inserting ``Tribe, Rosebud Sioux Tribe, Lower Brule Sioux 
     Tribe,''.

     SEC. 815. FEASIBILITY STUDIES.

       (a) Alternate Uses.--Section 3 of Public Law 97-273, as 
     amended by section 12(b) of Public Law 100-516 (102 Stat. 
     2572), is amended by striking ``Dakota,'' and inserting 
     ``Dakota and all Indian tribes residing on reservations 
     within the State of South Dakota,''.
       (b) Waste Water Disposal Systems.--Section 12 of the Act 
     (102 Stat. 2572) is amended by adding at the end the 
     following:
       ``(c) Waste Water Disposal Systems.--(1) The Secretary is 
     authorized and directed, in consultation with the Oglala 
     Sioux Tribe, Rosebud Sioux Tribe and Lower Brule Sioux Tribe, 
     to conduct feasibility studies on the need to develop waste 
     water disposal facilities and systems, and rehabilitate 
     existing waste water disposal facilities and systems, on the 
     Pine Ridge Indian Reservation, Rosebud Indian Reservation and 
     Lower Brule Indian Reservation, and to report to the Congress 
     the findings of such studies along with his recommendations.
       ``(2) The feasibility studies authorized under this 
     subsection shall be completed and presented to Congress 
     within one year after the date that funds are first made 
     available by the Secretary to complete the studies.''.
               TITLE IX--BELLE FOURCHE IRRIGATION PROJECT

     SEC. 901. EXPANSION OF BELLE FOURCHE IRRIGATION PROJECT.

       (a) Authorization of Additional Activities.--The Act 
     entitled ``An Act to authorize rehabilitation of the Belle 
     Fourche irrigation project, and for other purposes.'' (Public 
     Law 98-157, 97 Stat. 989) is amended in the first section--
       (1) by striking ``That the general'' and inserting in lieu 
     thereof, so as to appear immediately after and below the 
     enacting clause, the following:
       ``Section 1. (a) The general plan for''; and
       (2) by adding at the end the following:
       ``(b)(1) In addition to the activities authorized under 
     subsection (a), the general plan for the Belle Fourche 
     project is modified to include the following:
       ``(A) Rehabilitation of the following major water control 
     structures:
       ``(i) The Whitewood Siphon.
       ``(ii) 2 Belle Fourche dam outlets.
       ``(B) Lining at South Canal and rehabilitation of Johnson 
     Lateral for water conservation.
       ``(C) Replacement or rehabilitation of deteriorated canal 
     bridges.
       ``(D) Provision of minor lateral rehabilitation and 
     contract support work by the Belle Fourche irrigation 
     district.
       ``(E) Conduct of a detailed study of project-wide water use 
     management and implementation of improved management 
     practices for the purpose of achieving optimal conservation 
     of water supplies.
       ``(2) The Federal share of the cost of activities under 
     this subsection may not exceed $10,500,000. The State share 
     of those costs may not exceed $4,000,000, and shall be paid 
     concurrently with Federal expenditures for activities under 
     this subsection.''.
       (b) Extension of Repayment Period.--Section 2(b) of that 
     Act is amended by striking ``the year in which such 
     amendatory repayment contract is executed'' and inserting 
     ``July 1, 1995''.
       (c) Applicable Rates of Charge and Assessable Acreage.--
     Section 2(c) of that Act is amended to read as follows:
       ``(c)(1) Before July 1, 1995, the rates of charge to land 
     class in the unit shall continue to be as established in the 
     November 29, 1949, repayment contract with the district, as 
     subsequently amended and supplemented. On and after July 1, 
     1995, such rates of charge and assessable acreage shall, 
     subject to subsection (d), be in accordance with the 
     amortization capacity and classification of unit lands as 
     then determined by the Secretary.
       ``(2) After final completion of the rehabilitation and 
     betterment program authorized by this Act, and at intervals 
     agreed to by the Secretary and the Belle Fourche irrigation 
     district, the rates of charge and assessable acreage may be 
     amended as determined necessary by the Secretary.''.
       (d) Authorization of Appropriation.--Section 7 of that Act 
     is amended--
       (1) by inserting ``(a)'' after ``Sec. 7.''; and
       (2) by adding at the end the following:
       ``(b) In addition to amounts authorized under subsection 
     (a), for activities under section 1(b) there are authorized 
     to be appropriated $10,500,000, plus or minus such amounts 
     (if any) as may be justified by reason of ordinary 
     fluctuations in construction cost indexes applicable to types 
     of construction conducted under that section.''.
       (e) Amendment of Contract.--The Secretary of the Interior 
     and the Belle Fourche irrigation district shall amend the 
     contract numbered 5-07-60-WR170 to reflect the amendments 
     made by this section.
             TITLE X--UPPER YAMPA WATER CONSERVANCY PROJECT

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Stagecoach Reservoir 
     Project Act of 1994''.

     SEC. 1002. SALE OF THE STAGECOACH RESERVOIR PROJECT LOAN.

       (a) Agreement.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     conduct appropriate investigations regarding, and is 
     authorized to sell, or accept prepayment on, the loan 
     contract described in paragraph (2) to the Upper Yampa Water 
     Conservancy District in Colorado (referred to in this title 
     as the ``District'') for the Stagecoach Reservoir Project.
       (2) Loan contract.--The loan contract described in 
     paragraph (1) is numbered 7-07-40-R0480 and was entered into 
     pursuant to the Small Reclamation Projects Act of 1956 (43 
     U.S.C. 422a et seq.).
       (b) Payment.--Any agreement negotiated pursuant to 
     subsection (a) shall realize an amount to the Federal 
     Government calculated by discounting the remaining payments 
     due on the loans by the interest rate determined pursuant to 
     subsection (c).
       (c) Interest Rate.--
       (1) In general.--The Secretary shall determine the interest 
     rate in accordance with the guidelines set forth in Circular 
     A-129 issued by the Office of Management and Budget 
     concerning loan sales and prepayment of loans.
       (2) Determination.--In determining the interest rate, the 
     Secretary--
       (A) shall not equate an appropriate amount of prepayment 
     with the price of the loan if it were to be sold on the open 
     market to a third party; and
       (B) shall, in following the guidelines set forth in 
     Circular A-129 regarding an allowance for administrative 
     expenses and possible losses, make such an allowance from the 
     perspective of the Federal Government as lender and not from 
     the perspective of a third party purchasing the loan on the 
     open market.
       (3) Adjustment.--If the borrower or purchaser of the loan 
     has access to tax-exempt financing, including tax-exempt 
     bonds, tax-exempt cash reserves, and cash and loans of any 
     kind from any tax-exempt entity, to finance the transaction, 
     and if the Office of Management and Budget grants the 
     Secretary the right to conduct such a transaction, then the 
     interest rate by which the Secretary discounts the remaining 
     payments due on the loan shall be adjusted by an amount that 
     compensates the Federal Government for the direct or indirect 
     loss of future tax revenues.
       (4) Limitation.--Notwithstanding any other provision of 
     law, the interest rate shall not exceed a composite interest 
     rate consisting of the current market yield on Treasury 
     securities of comparable maturities.
       (5) Approval.--The Secretary shall obtain approval from the 
     Secretary of the Treasury and the Director of the Office of 
     Management and Budget of the final terms of any loan sale or 
     prepayment made pursuant to this title.

     SEC. 1003. TERMINATION AND CONVEYANCE OF RIGHTS.

       Upon receipt of the payment specified in section 1002(b)--
       (1) the obligation of the District under the loan contract 
     described in section 1002(a)(2) shall terminate;
       (2) the Secretary of the Interior shall convey all right 
     and interest of the United States in the Stagecoach Reservoir 
     Project to the District; and
       (3) the District shall absolve the United States, and its 
     officers and agents, of any liability associated with the 
     Stagecoach Reservoir Project.

     SEC. 1004. TERMINATION OF AUTHORITY.

       (a) In General.--Subject to subsection (b), the authority 
     granted by this title to sell loans shall terminate 2 years 
     after the date of enactment of this Act.
       (b) Time To Respond to Offer.--The borrower shall have not 
     less than 60 days to respond to any prepayment offer made by 
     the Secretary.
                        TITLE XI--MANCOS PROJECT

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Mancos Project Private 
     Power Development Authorization Act of 1994''.

     SEC. 1102. FINDINGS.

       Congress finds that--
       (a) development of hydroelectric power at the Mancos 
     Project consistent with the Feasibility Report and 
     Engineering and Construction Report for the Jackson Gulch 
     Reservoir Hydroelectric Project dated April 19, 1991, and 
     revised on May 13, 1992, and February 10, 1993, by the Mancos 
     Water Conservancy District--
       (1) will be without cost to the United States;
       (2) will not impair the efficiency of the project for 
     irrigation purposes;
       (3) will not alter the volume, timing or temperatures of 
     flows from the reservoir; and
       (4) is not likely to cause any new or increased adverse 
     impacts to any federally listed or candidate species;
       (b) That the Mancos Water Conservancy District is currently 
     operating and maintaining facilities at the Mancos Project 
     and that the development of hydroelectric power at the Mancos 
     Project consistent with the Feasibility Report and 
     Engineering and Construction Report for the Jackson Gulch 
     Reservoir Hydroelectric Project dated April 19, 1991, revised 
     on May 13, 1992, and February 10, 1993, by the Mancos Water 
     Conservancy District will not increase operation and 
     maintenance costs of the Federal Government; and
       (c) That any lease of power privileges issued by the 
     Secretary pursuant to this title does not constitute a 
     ``contract'' under section 202(1) of Public Law 97-293 (96 
     Stat. 1261; 43 U.S.C. section 390bb) and that nothing in this 
     title is intended to make applicable any section of Public 
     Law 97-293 (96 Stat. 1261; 43 U.S.C. section 390aa et. seq.) 
     that would not previously apply.

     SEC. 1103. AUTHORIZATION TO LEASE POWER PRIVILEGES.

       Notwithstanding the provisions of the Water Conservation 
     and Utilization Act (16 U.S.C. sections 590y-590z-11) or any 
     relevant provision of the repayment contract Ilr-384, dated 
     July 20, 1942, as amended December 22, 1947, the Secretary is 
     authorized to enter into a lease of power privileges at the 
     Mancos Project, Colorado, with the Mancos Water Conservancy 
     District.

     SEC. 1104. LEASE CONDITIONS.

       Any such lease of power privileges issued pursuant to 
     section 1103 of this title shall not exceed a period of forty 
     years and shall be consistent with rates charged by the 
     Federal Energy Regulatory Commission for comparable sized 
     projects. Moneys derived from such lease shall be covered 
     into the reclamation fund in accordance with relevant parts 
     of Federal reclamation law, the Act of June 17, 1902, and 
     Acts supplementary thereto and amendatory thereof (43 U.S.C. 
     371).

     SEC. 1105. REVENUES DERIVED FROM POWER DEVELOPMENT.

       Notwithstanding the provisions of the Water Conservation 
     and Utilization Act (16 U.S.C. sections 590y-590z-11) or any 
     relevant provision of the repayment contract Ilr-384, dated 
     July 20, 1942, as amended December 22, 1947, the Mancos Water 
     Conservancy District may receive revenues from the sale of 
     the power generated pursuant to such lease of power 
     privilege.
        TITLE XII--YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT

     SEC. 1201. PURPOSES.

       The purposes of this title are--
       (1) to protect, mitigate, and enhance fish and wildlife 
     through improved water management; improved instream flows; 
     improved water quality; protection, creation and enhancement 
     of wetlands; and by other appropriate means of habitat 
     improvement;
       (2) to improve the reliability of water supply for 
     irrigation;
       (3) to authorize a Yakima River basin water conservation 
     program that will improve the efficiency of water delivery 
     and use; enhance basin water supplies; improve water quality; 
     protect, create and enhance wetlands; and determine the 
     amount of basin water needs that can be met by water 
     conservation measures;
       (4) to realize sufficient water savings from the Yakima 
     River Basin Water Conservation Program so that not less than 
     40,000 acre-feet of water savings per year are achieved by 
     the end of the fourth year of the Basin Conservation Program, 
     and not less than 110,000 acre-feet of water savings per year 
     are achieved by the end of the eighth year of the program, to 
     protect and enhance fish and wildlife resources; and not less 
     than 55,000 acre feet of water savings per year are achieved 
     by the end of the eighth year of the program for availability 
     for irrigation;
       (5) to encourage voluntary transactions among public and 
     private entities which result in the implementation of water 
     conservation measures, practices, and facilities; and
       (6) to provide for the implementation by the Yakama Indian 
     Nation at its sole discretion of (A) an irrigation 
     demonstration project on the Yakama Indian Reservation using 
     water savings from system improvements to the Wapato 
     Irrigation Project, and (B) a Toppenish Creek corridor 
     enhancement project integrating agricultural, fish, wildlife, 
     and cultural resources.

     SEC. 1202. DEFINITIONS.

       As used in this title:
       (1) The term ``Basin Conservation Plan'' means a plan for 
     implementing water conservation measures found in the various 
     water conservation plans developed under the Basin 
     Conservation Program.
       (2) The term ``Basin Conservation Program'' means the 
     Yakima River Basin Water Conservation Program established 
     under section 1203(a).
       (3) The term ``comprehensive basin operating plan'' means a 
     plan that will provide guidance to the Yakima Project 
     Superintendent for operation of the existing Yakima Project 
     as modified by actions taken pursuant to this title.
       (4) The term ``Conservation Advisory Group'' means the 
     Yakima River Basin Conservation Advisory Group established 
     under section 1203(c).
       (5) The term ``conserved water'' means water saved and 
     attributable to the program established under the Basin 
     Conservation Program.
       (6) The term ``Irrigation Demonstration Project'' means the 
     Yakama Indian Reservation Irrigation Demonstration Project 
     authorized in section 1204(b).
       (7) The term ``nonproratable water'' means that portion of 
     the total water supply available under provisions of sections 
     18 and 19 of Civil Action No. 21 (Federal District Court 
     Judgment of January 31, 1945) that is not subject to 
     proration in times of water shortage.
       (8) The term ``on-district storage'' means small water 
     storage facilities located within the boundaries of an 
     irrigation entity, including reregulating reservoirs, holding 
     ponds, or other new storage methods which allow for efficient 
     water use.
       (9) The term ``proratable water'' means that portion of the 
     total water supply available under provisions of sections 18 
     and 19 of Civil Action No. 21 (Federal District Court 
     Judgment of January 31, 1945) that is subject to proration in 
     times of water shortage.
       (10) The term ``Secretary'' means the Secretary of the 
     Interior.
       (11) The term ``System Operations Advisory Committee'' 
     means a group of fishery biologists--
       (A) created by the Yakima Project Superintendent in 
     response to the supplemental instructions entitled 
     ``Supplementary Instructions to the Water Master'', and dated 
     November 28, 1980, in the case of Kittitass Reclamation 
     District, et al. vs. the Sunnyside Valley Irrigation 
     District, et al. (E.D. Wash., Civil No. 21.);
       (B) who advise the Yakima Project Superintendent on 
     operations of the Yakima Project for fish and wildlife 
     purposes; and
       (C) who, together with others, were identified for 
     consultation on November 29, 1990, in the amended partial 
     summary judgment entered in the basin adjudication (Yakima 
     County Superior Court No. 77-2-01484-5).
       (12) The term ``Toppenish Enhancement Project'' means the 
     Toppenish Creek corridor enhancement project authorized by 
     section 1204(c).
       (13) The term ``Yakama Indian Nation'' means the 
     Confederated Tribes and Bands of the Yakama Indian Nation as 
     redesignated under section 1204(g).
       (14) The term ``Yakima Project Superintendent'' means the 
     individual designated by the Regional Director, Pacific 
     Northwest Region, Bureau of Reclamation, to be responsible 
     for the operation and management of the Yakima Federal 
     Reclamation Project, Washington.

     SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

       (a) Establishment.--(1) The Secretary, in consultation with 
     the State of Washington, the Yakama Indian Nation, Yakima 
     River basin irrigators, and other interested parties, shall 
     establish and administer a Yakima River Basin Water 
     Conservation Program for the purpose of evaluating and 
     implementing measures to improve the availability of water 
     supplies for irrigation and the protection and enhancement of 
     fish and wildlife resources, including wetlands, while 
     improving the quality of water in the Yakima Basin. The 
     Secretary may make grants to eligible entities for the 
     purposes of carrying out this title under such terms and 
     conditions as the Secretary may require. Such terms and 
     conditions shall include a requirement that all water 
     districts, irrigation districts, individuals, or other 
     entities eligible to participate in the Basin Conservation 
     Program must equip all surface water delivery systems within 
     their boundaries with volumetric water meters or equally 
     effective water measuring methods within 5 years of the date 
     of enactment of this Act.
       (2) Conserved water resulting in whole or in part from the 
     expenditure of Federal funds shall not be used to expand 
     irrigation in the Yakima Basin, except as specifically 
     provided in section 1204(a)(3) on the Yakama Indian 
     Reservation.
       (3) The provisions of this section shall not apply to the 
     Yakama Indian Nation except as to any funds specifically 
     applied for from the Basin Conservation Program.
       (b) Four Phases of Program.--The Basin Conservation Program 
     shall encourage and provide funding assistance for four 
     phases of water conservation, which shall consist of the 
     following:
       (1) The development of water conservation plans, consistent 
     with applicable water conservation guidelines of the 
     Secretary, by irrigation districts, conservation districts, 
     water purveyors, other areawide entities, and individuals not 
     included within an areawide entity.
       (2) The investigation of the feasibility of specific 
     potential water conservation measures identified in 
     conservation plans.
       (3) The implementation of measures that have been 
     identified in conservation plans and have been determined to 
     be feasible.
       (4) Post implementation monitoring and evaluation of 
     implemented measures.
       (c) Conservation Advisory Group.--(1) Not later than 12 
     months after the date of enactment of this Act, the 
     Secretary, in consultation with the State of Washington, the 
     Yakama Indian Nation, Yakima River basin irrigators, and 
     other interested and related parties, shall establish the 
     Yakima River Basin Conservation Advisory Group.
       (2) Members of the Conservation Advisory Group shall be 
     appointed by the Secretary and shall be comprised of--
       (A) one representative of the Yakima River basin 
     nonproratable irrigators,
       (B) one representative of the Yakima River basin proratable 
     irrigators,
       (C) one representative of the Yakama Indian Nation,
       (D) one representative of environmental interests,
       (E) one representative of the Washington State University 
     Agricultural Extension Service,
       (F) one representative of the Department of Wildlife of the 
     State of Washington, and
       (G) one individual who shall serve as the facilitator.
       (3) The Conservation Advisory Group shall--
       (A) provide recommendations to the Secretary and to the 
     State of Washington regarding the structure and 
     implementation of the Basin Conservation Program,
       (B) provide recommendations to the Secretary and to the 
     State of Washington regarding the establishment of a 
     permanent program for the measurement and reporting of all 
     natural flow and contract diversions within the basin.
       (C) structure a process to prepare a basin conservation 
     plan as specified in subsection (f),
       (D) provide annual review of the implementation of the 
     applicable water conservation guidelines of the Secretary, 
     and
       (E) provide recommendations consistent with statutes of the 
     State of Washington on rules, regulations, and administration 
     of a process to facilitate the voluntary sale or lease of 
     water.
       (4) The facilitator shall arrange for meetings of the 
     Conservation Advisory Group, provide logistical support, and 
     serve as moderator for the meetings.
       (5) The Conservation Advisory Group shall consult an 
     irrigation district when considering actions specifically 
     affecting that district. For the purposes of this paragraph, 
     an irrigation district includes the Yakima Reservation 
     Irrigation District.
       (6) The Conservation Advisory Group shall be nonvoting, 
     seeking consensus whenever possible. If disagreement occurs, 
     any member may submit independent comments to the Secretary. 
     The Conservation Advisory Group shall terminate 5 years after 
     the date of its establishment unless extended by the 
     Secretary.
       (d) Cost Sharing.--(1) Except as otherwise provided by this 
     title, costs incurred in the four phases of the Basin 
     Conservation Program shall be shared as follows:

       

------------------------------------------------------------------------
                                  Non-Federal                           
    Program Phase     ----------------------------------  Federal Grant 
                         State Grant         Local                      
------------------------------------------------------------------------
1. Development of      50% but not      (Residual              50%      
 water conservation     more than        amount if any)                 
 plans                  $200,000 per                                    
                        recipient                                       
2. Investigation of    50% but sum of   20% after        Residual amount
 specific water         1 and 2 not      deducting        after         
 conservation           greater than     State funds      deducting     
 measures               $200,000 per     for Item 2       State and     
                        recipient                         local funds   
                                                          for Item 2    
3 and 4.                    17.5%            17.5%            65.0%     
 Implementation and                                                     
 post implementation                                                    
 monitoring and                                                         
 evaluation                                                             
------------------------------------------------------------------------

       (2) The Yakima River Basin Water Enhancement Project is a 
     Federal action to improve streamflow and fish passage 
     conditions and shall be considered part of a comprehensive 
     program to restore the Yakima River basin anadromous fishery 
     resource. Related fishery resource improvement facilities 
     which utilize funding sources under the Pacific Northwest 
     Electric Power Planning and Conservation Act of 1989 (94 
     Stat. 2697) and independent water-related improvements of the 
     State of Washington and other public and private entities to 
     improve irrigation water use, water supply, and water 
     quality, shall be treated as non-Federal cost share 
     expenditures and shall be consolidated in any final 
     calculation of required cost sharing. Within one year of the 
     date of enactment of this Act, the Secretary shall enter into 
     a binding cost sharing agreement with the State of 
     Washington. The agreement shall describe the terms and 
     conditions of specific contributions and other activities 
     that may, subject to approval by the Secretary, qualify as 
     non-Federal cost share expenditures.
       (3) Costs of the Basin Conservation Program related to 
     projects on the Yakama Indian Reservation are a Federal 
     responsibility and shall be nonreimbursable and not subject 
     to the cost-sharing provisions of this subsection.
       (e) Entity Water Conservation Plans.--To participate in the 
     Conservation Basin Program an entity must submit a proposed 
     water conservation plan to the Secretary. The Secretary shall 
     approve a water conservation plan submitted under this 
     subsection if the Secretary determines that the plan meets 
     the applicable water conservation guidelines of the 
     Secretary.
       (f) Basin Conservation Plan.--The Conservation Advisory 
     Group shall, within 2\1/2\ years after the date of enactment 
     of this Act, submit a draft basin conservation plan to the 
     Secretary.
       (g) Public Comment.--The Secretary shall distribute the 
     draft basin conservation plan and the entity water 
     conservation plans submitted under subsections (e) and (f), 
     respectively, for public comment for a 60-day period.
       (h) Publication of Basin Conservation Plan.--Within 60 days 
     after the close of the comment period under subsection (g), 
     the Secretary shall publish the Basin Conservation Plan which 
     plan will provide the basis--
       (1) for prioritizing and allocating funds to implement 
     conservation measures under this title; and
       (2) for preparing an interim comprehensive basin operating 
     plan under section 1210 of this title as provided for in 
     Public Law 96-162 (93 Stat. 1241).
       (i) Conservation Measures.--(1) Measures considered for 
     implementation in the Basin Conservation Program may include, 
     among others, conveyance and distribution system monitoring, 
     automation of water conveyance systems, water measuring or 
     metering devices and equipment, lining and piping of water 
     conveyance and distribution systems, on-district storage, 
     electrification of hydraulic turbines, tail-water recycling, 
     consolidation of irrigation systems, irrigation scheduling, 
     and improvement of on-farm water application systems. Basin 
     Conservation Program funds may also be used throughout all 
     four phases of the Basin Conservation Program to mitigate for 
     adverse impacts of program measures.
       (2) In addition to implementing existing technologies, the 
     Secretary shall encourage the testing of innovative water 
     conservation measures. The Secretary shall, to the maximum 
     extent possible under applicable Federal, State, and tribal 
     law, cooperate with the State of Washington to facilitate 
     water and water right transfers, water banking, dry year 
     options, the sale and leasing of water, and other innovative 
     allocation tools used to maximize the utility of existing 
     Yakima River basin water supplies.
       (3) The Secretary may, consistent with applicable law, use 
     funds appropriated to carry out this section for the purchase 
     or lease of land, water, or water rights from any entity or 
     individual willing to limit or forego water use on a 
     temporary or permanent basis. Funds used for purchase or 
     lease under this paragraph are not subject to the cost 
     sharing provisions of subsection (d). Efforts to acquire 
     water should be made immediately upon availability of funds 
     to meet the three-year goal specified in section 1205(a)(4) 
     to provide water to be used by the Yakima Project 
     Superintendent under the advisement of the System Operations 
     Advisory Committee for instream flow purposes. The use of 
     Basin Conservation Program funds under this paragraph are in 
     addition to those specifically authorized to be appropriated 
     by subsection (j)(4).
       (4) On-farm water management improvements shall be 
     coordinated with programs administered by the Secretary of 
     Agriculture and State conservation districts.
       (j) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Secretary, at September 
     1990 prices, plus or minus such amounts as may be justified 
     by reason of ordinary fluctuations of applicable cost 
     indexes, the following amounts for the Basin Conservation 
     Program:
       (1) $1,000,000 for the development of water conservation 
     plans.
       (2) $4,000,000 for investigation of specific potential 
     water conservation measures identified in conservation plans 
     for consideration for implementing through the Basin 
     Conservation Program.
       (3) Up to $67,500,000 for design, implementation, post-
     implementation monitoring and evaluation of measures, and 
     addressing environmental impacts.
       (4) Up to $10,000,000 for the initial acquisition of water 
     from willing sellers or lessors specifically to provide 
     instream flows for interim periods to facilitate the outward 
     migration of anadromous fish flushing flows. Such funds shall 
     not be subject to the cost sharing provisions of subsection 
     (d).
       (5) $100,000 annually for the establishment and support of 
     the Conservation Advisory Group during its duration. Such 
     funds shall be available for travel and per diem, rental of 
     meeting rooms, typing, printing and mailing, and associated 
     administrative needs. The Secretary and the State of 
     Washington shall provide appropriate staff support to the 
     Conservation Advisory Group.

     SEC. 1204. YAKAMA INDIAN NATION.

       (a) Wapato Irrigation Project Improvements and 
     Appropriations.--(1) The Yakama Indian Nation's proposed 
     system improvements to the Wapato Irrigation Project, as well 
     as the design, construction, operation, and maintenance of 
     the Irrigation Demonstration Project and the Toppenish Creek 
     corridor enhancement project, pursuant to this title shall be 
     coordinated with the Bureau of Indian Affairs.
       (2) There is authorized to be appropriated to the Secretary 
     not more than $23,000,000 for the preparation of plans, 
     investigation of measures, and following the Secretary's 
     certification that such measures are consistent with the 
     water conservation objectives of this title, the 
     implementation of system improvements to the Wapato 
     Irrigation Project. Funding for further improvements within 
     the Wapato Irrigation Project may be acquired under the Basin 
     Conservation Program or other sources identified by the 
     Yakama Indian Nation.
       (3) Water savings resulting from irrigation system 
     improvements shall be available for the use of the Yakama 
     Indian Nation for irrigation and other purposes on the 
     reservation and for protection and enhancement of fish and 
     wildlife within the Yakima River basin. The conveyance of 
     such water through irrigation facilities other than the 
     Wapato Irrigation Project shall be on a voluntary basis and 
     shall not further diminish the amount of water that otherwise 
     would have been delivered by an entity to its water users in 
     years of water proration.
       (b) Irrigation Demonstration Project Appropriations.--
     (1)(A) There is hereby authorized to be appropriated to the 
     Secretary--
       (i) at September 1990 prices, plus or minus such amounts as 
     may be justified by reason of ordinary fluctuations of 
     applicable cost indexes, $8,500,000 for the design and 
     construction of the Yakama Indian Reservation Irrigation 
     Demonstration Project; and
       (ii) such sums as may be necessary for the operation and 
     maintenance of the Irrigation Demonstration Project, 
     including funds for administration, training, equipment, 
     materials, and supplies for the period specified by the 
     Secretary, which sums are in addition to operation and 
     maintenance funds for wildlife and cultural purposes 
     appropriated to the Secretary under other authorization.
       (B) Funds may not be made available under this subsection 
     until the Yakama Indian Nation obtains the concurrence of the 
     Secretary in the construction, management, and administrative 
     aspects of the Irrigation Demonstration Project.
       (C) After the end of the period specified under 
     subparagraph (A)(ii), costs for the operation and maintenance 
     of the Irrigation Demonstration Project, including funds for 
     administration, training, equipment, materials, and supplies 
     referred to in that subparagraph, shall be borne exclusively 
     by the lands directly benefitting from the Irrigation 
     Demonstration Project.
       (2) The Irrigation Demonstration Project shall provide for 
     the construction of distribution and on-farm irrigation 
     facilities to use all or a portion of the water savings, as 
     determined by the Yakama Indian Nation, resulting from the 
     Wapato Irrigation Project system improvements for--
       (A) demonstrating cost-effective state of the art 
     irrigation water management and conservation,
       (B) the training of tribal members in irrigation methods, 
     operation, and management, and
       (C) upgrading existing hydroelectric facilities and 
     construction of additional hydroelectric facilities on the 
     reservation to meet irrigation pumping power needs.
       (c) Toppenish Creek Corridor Enhancement Project 
     Appropriations.--There is hereby authorized to be 
     appropriated to the Secretary $1,500,000 for the further 
     investigation by the Yakama Indian Nation of measures to 
     develop a Toppenish Creek corridor enhancement project to 
     demonstrate integration of management of agricultural, fish, 
     wildlife, and cultural resources to meet tribal objectives 
     and such amount as the Secretary subsequently determines is 
     necessary for implementation. There is also authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for the operation and maintenance of the Toppenish 
     Enhancement Project.
       (d) Report.--Within 5 years of the implementation of the 
     Irrigation Demonstration Project and the Toppenish 
     Enhancement Project, the Secretary, in consultation with the 
     Yakama Indian Nation, shall report to the Committee on Energy 
     and Natural Resources of the Senate, the Committee on Natural 
     Resources of the House of Representatives, and the Governor 
     of the State of Washington on the effectiveness of the 
     conservation, training, mitigation, and other measures 
     implemented.
       (e) Status of Improvements and Facilities.--The Wapato 
     Irrigation Project system improvements and any specific 
     irrigation facility of the Irrigation Demonstration Project 
     (excluding on-farm irrigation facilities) and the Toppenish 
     Enhancement Project shall become features of the Wapato 
     Irrigation Project.
       (f) Treatment of Certain Costs.--Costs related to Wapato 
     Irrigation Project improvements, the Irrigation Demonstration 
     Project, and the Toppenish Enhancement Project shall be a 
     Federal responsibility and are nonreimbursable and 
     nonreturnable.
       (g) Redesignation of Yakima Indian Nation to Yakama Indian 
     Nation.--
       (1) Redesignation.--The Confederated Tribes and Bands of 
     the Yakima Indian Nation shall be known and designated as the 
     ``Confederated Tribes and Bands of the Yakama Indian 
     Nation''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Confederated Tribes and Bands of the Yakima Indian Nation 
     referred to in subsection (a) shall be deemed to be a 
     reference to the ``Confederated Tribes and Bands of the 
     Yakama Indian Nation''.

     SEC. 1205. OPERATION OF YAKIMA BASIN PROJECTS.

       (a) Water Savings From Basin Conservation Program.--(1) The 
     Basin Conservation Program is intended to result in 
     reductions in water diversions allowing for changes in the 
     present operation of the Yakima Project to improve stream 
     flow conditions in the Yakima River basin. Except as provided 
     by paragraph (5) of this subsection and section 1209, 
     commencing with the enactment of this title, and 
     notwithstanding that anticipated water savings are yet to be 
     realized, the Secretary, upon the enactment of this title and 
     acting through the Yakima Project Superintendent, shall (A) 
     continue to estimate the water supply which is anticipated to 
     be available to meet water entitlements; and (B) provide 
     instream flows in accordance with the following criteria:
       

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Water Supply Estimate for Period (million acre feet):           Target Flow from Date of Estimate
                                             ------------------------------------------------------------------------  thru October Downstream of (cubic
                                                                                                                               feet per second):        
                                                 April thru         May thru          June thru         July thru    -----------------------------------
                                                  September         September         September         September         Sunnyside          Prosser    
                                                                                                                        Diversion Dam     Diversion Dam 
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1).........................................        3.2               2.9               2.4               1.9             600               600         
(2).........................................        2.9               2.65              2.2               1.7             500               500         
(3).........................................        2.65              2.4               2.0               1.5             400               400         
                                                                                                                                                        
(3) Less than line 3 water supply                 300               300                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------

       (2) The initial target flows represent target flows at the 
     respective points. Reasonable fluctuations from these target 
     flows are anticipated in the operation of the Yakima Project, 
     except that for any period exceeding 24 hours--
       (A) actual flows at the Sunnyside Diversion Dam may not 
     decrease to less than 65 percent of the target flow at the 
     Sunnyside Diversion Dam; and
       (B) actual flows at the Prosser Diversion Dam may not 
     decrease by more than 50 cubic feet per second from the 
     target flow.
       (3) The instream flows shall be increased for interim 
     periods during any month of April through October to 
     facilitate when necessary the outward migration of anadromous 
     fish. Increased instream flows for such interim periods shall 
     be obtained through voluntary sale and leasing of water or 
     water rights or from conservation measures taken under this 
     title.
       (4)(A)(i) Within the three-year period beginning when 
     appropriations are first provided to carry out the Basin 
     Conservation Program, the instream flow goal in the Yakima 
     River is as follows: to secure water which is to be used for 
     instream flows to facilitate meeting recommendations of the 
     System Operations Advisory Committee for flushing flows or 
     other instream uses.
       (ii) In addition to any other authority of the Secretary to 
     provide water for flushing flows, the water required to meet 
     the goal specified in clause (i) shall be acquired through 
     the voluntary purchase or lease of land, water, or water 
     rights and from the development of additional storage 
     capability at Lake Cle Elum provided for in section 1206(a).
       (iii) In addition to water required to meet the instream 
     flow goal specified in clause (i), the System Operations 
     Advisory Committee may recommend additional water to meet 
     instream flow goals pursuant to judicial actions.
       (B) After the period referred to in subparagraph (A), such 
     instream flow goal is modified as follows:
       (i) The goal increases so that the instream target flows 
     specified in the table in paragraph (1) increase by 50 cubic 
     feet per second for each 27,000 acre-feet of reduced annual 
     water diversions achieved through implementation of measures 
     under the Basin Conservation Program. Such increases do not 
     apply to actions taken pursuant to section 1204. Such 
     increases shall not further diminish the amount of water that 
     otherwise would have been delivered by an entity to its water 
     users in years of water proration.
       (ii) The goal changes directly with the availability of 
     water resulting from Federal expenditures under this title 
     for purchase or lease of water under this title.
       (C) The Yakima Project Superintendent shall maintain an 
     account of funded and completed conservation measures taken 
     under the Basin Conservation Program.
       (D) No later than March 31 of each calendar year, the 
     Yakima Project Superintendent shall meet with the State of 
     Washington, Yakama Indian Nation, and Yakima River basin 
     irrigators to mutually determine total diversion reductions 
     and respective adjustments to the target flows referred to in 
     this subsection. The Yakima Project Superintendent shall 
     announce such adjustments with the announcements of Total 
     Water Supply Available. For the purposes of this 
     subparagraph, conserved water will be considered available 
     for adjusting target flows in the first year following 
     completion of a measure or following a result from the post 
     implementation monitoring and evaluation program, as the case 
     may be.
       (5) Operational procedures and processes in the Yakima 
     River basin which have or may be implemented through judicial 
     actions shall not be impacted by this title.
       (6)(A) Within three years after the date of enactment of 
     this Act, the Secretary shall conduct a study and submit a 
     report with recommendations to the appropriate committees of 
     the Congress on whether the water supply available for 
     irrigation is adequate to sustain the agricultural economy of 
     the Yakima River basin.
       (B) The target flows provided for under this subsection 
     shall be evaluated within three years after the date of 
     enactment of this Act by the Systems Operations Advisory 
     Committee for the purpose of making a report with 
     recommendations to the Secretary and the Congress evaluating 
     what is necessary to have biologically-based target flows.
       (C) The recommendations and reports under subparagraphs (A) 
     and (B) shall provide a basis for the third phase of the 
     Yakima River Basin Water Enhancement Project.
       (b) Water From Lake Cle Elum.--Water accruing from the 
     development of additional storage capacity at Lake Cle Elum, 
     made available pursuant to the modifications authorized in 
     section 1206(a), shall not be part of the Yakima River 
     basin's water supply as provided in subsection (a)(1). Water 
     obtained from such development is exclusively dedicated to 
     instream flows for use by the Yakima Project Superintendent 
     as flushing flows or as otherwise advised by the System 
     Operations Advisory Committee. Water may be carried over from 
     year-to-year in the additional capacity to the extent that 
     there is space available. Releases may be made from other 
     Yakima Project storage facilities to most effectively utilize 
     this additional water, except that water deliveries to 
     holders of existing water rights shall not be impaired.
       (c) Status of Basin Conservation Program Facilities.--
     Measures of the Basin Conservation Program which are 
     implemented on facilities currently under the administrative 
     jurisdiction of the Secretary, except as provided in section 
     1204, shall be considered features of the Yakima River Basin 
     Water Enhancement Project, and their operation and 
     maintenance shall be integrated and coordinated with other 
     features of the existing Yakima Project. The responsibility 
     for operation and maintenance and the related costs shall 
     remain with the current operating entity. As appropriate, the 
     Secretary shall incorporate the operation and maintenance of 
     such facilities into existing agreements. The Secretary shall 
     assure that such facilities are operated in a manner 
     consistent with Federal and State law and in accordance with 
     water rights recognized pursuant to State and Federal law.
       (d) Water Acquired by Purchase and Lease.--Water acquired 
     from voluntary sellers and lessors shall be administered as a 
     block of water separate from the Total Water Supply 
     Available, in accordance with applicable Federal and State 
     law.
       (e) Yakima Project Purpose.--(1) An additional purpose of 
     the Yakima Project shall be for fish, wildlife, and 
     recreation.
       (2) The existing storage rights of the Yakima Project shall 
     include storage for the purposes of fish, wildlife, and 
     recreation.
       (3) The purposes specified in paragraphs (1) and (2) shall 
     not impair the operation of the Yakima Project to provide 
     water for irrigation purposes nor impact existing contracts.

     SEC. 1206. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.

       (a) Modifications and Improvements.--There is hereby 
     authorized to be appropriated to the Secretary--
       (1) at September 1990 prices, plus or minus such amounts as 
     may be justified by reason of ordinary fluctuation of 
     applicable indexes, $2,934,000 to--
       (A) modify the radial gates at Cle Elum Dam to provide an 
     additional 14,600 acre-feet of storage capacity in Lake Cle 
     Elum,
       (B) provide for shoreline protection of Lake Cle Elum, and
       (C) construct juvenile fish passage facilities at Cle Elum 
     Dam, plus
       (2) such additional amounts as may be necessary which may 
     be required for environmental mitigation.
       (b) Operation and Maintenance Appropriations.--There is 
     hereby authorized to be appropriated to the Secretary such 
     sums as may be necessary for that portion of the operation 
     and maintenance of Cle Elum Dam determined by the Secretary 
     to be a Federal responsibility.

     SEC. 1207. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA BASIN 
                   TRIBUTARIES.

       (a) General Provisions.--The following shall be applicable 
     to the investigation and implementation of measures to 
     enhance water supplies for fish and wildlife and irrigation 
     purposes on tributaries of the Yakima River basin:
       (1) An enhancement program authorized by this section 
     undertaken in any tributary shall be contingent upon the 
     agreement of appropriate water right owners to participate.
       (2) The enhancement program authorized by this section 
     shall not be construed to affect (A) the water rights of any 
     water right owners in the tributary or other water delivering 
     entities; (B) the capability of tributary water users to 
     divert, convey, and apply water; and (C) existing water and 
     land uses within the tributary area.
       (3) The water supply for tributary enhancement shall be 
     administered in accordance with applicable State and Federal 
     laws.
       (4) Any enhancement program authorized by this section 
     shall be predicated upon the availability of a dependable 
     water supply.
       (b) Study.--(1) The Secretary, following consultation with 
     the State of Washington, the tributary water right owners, 
     and the Yakama Indian Nation, and agreement of appropriate 
     water right owners to participate, shall conduct a study 
     concerning the measures that can be implemented to enhance 
     water supplies for fish and wildlife and irrigation purposes 
     on Taneum Creek, including (but not limited to)--
       (A) water use efficiency improvements;
       (B) the conveyance of water from the Yakima Project through 
     the facilities of any irrigation entity willing to contract 
     with the Secretary without adverse impact to water users;
       (C) the construction, operation, and maintenance of ground 
     water withdrawal facilities;
       (D) contracting with any entity that is willing to 
     voluntarily limit or forego present water use through lease 
     or sale of water or water rights on a temporary or permanent 
     basis;
       (E) purchase of water rights from willing sellers; and
       (F) other measures compatible with the purposes of this 
     title, including restoration of stream habitats.
       (2) In conducting the Taneum Creek study, the Secretary 
     shall consider--
       (A) the hydrologic and environmental characteristics;
       (B) the engineering and economic factors relating to each 
     measure; and
       (C) the potential impacts upon the operations of present 
     water users in the tributary and measures to alleviate such 
     impacts.
       (3) The Secretary shall make available to the public for a 
     45-day comment period a draft report describing in detail the 
     findings, conclusions, and recommendations of the study. The 
     Secretary shall consider and include any comment made in 
     developing a final report. The Secretary's final report shall 
     be submitted to the Committee on Energy and Natural Resources 
     of the Senate, the Committee on Natural Resources of the 
     House of Representatives, and the Governor of the State of 
     Washington, and made available to the public.
       (c) Implementation of Nonstorage Measures.--After securing 
     the necessary permits the Secretary may, in cooperation with 
     the Department of Ecology of the State of Washington and in 
     accordance with the laws of the State of Washington, 
     implement nonstorage measures identified in the final report 
     under subsection (b) upon fulfillment of the following 
     conditions:
       (1) The Secretary shall enter into an agreement with the 
     appropriate water right owners who are willing to 
     participate, the State of Washington, and the Yakama Indian 
     Nation, for the use and management of the water supply to be 
     provided by proposed tributary measures pursuant to this 
     section.
       (2) The Secretary and the State of Washington find that the 
     implementation of the proposed tributary measures will not 
     impair the water rights of any person or entity in the 
     affected tributary.
       (d) Other Yakima River Basin Tributaries.--Enhancement 
     programs similar to the enhancement program authorized by 
     this section may be investigated and implemented by the 
     Secretary in other tributaries contingent upon the agreement 
     of the appropriate tributary water right owners to 
     participate. The provisions set forth in this section shall 
     be applicable to such programs.
       (e) Authorization of Appropriations.--(1) There is hereby 
     authorized to be appropriated to the Secretary $500,000 for 
     the study of the Taneum Creek Project and such amount as the 
     Secretary subsequently determines is necessary for 
     implementation of tributary measures pursuant to this 
     section.
       (2) There is also authorized to be appropriated to the 
     Secretary such funds as are necessary for the investigation 
     of enhancement programs similar to the enhancement program 
     authorized by this section in other Yakima River basin 
     tributaries contingent upon the agreement of the appropriate 
     water right owners to participate. Funds for the 
     implementation of any such similar enhancement program may 
     not be appropriated until after the Secretary submits an 
     investigation report to the appropriate congressional 
     committees.

     SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT-OPERATIONS 
                   AT PROSSER DIVERSION DAM.

       (a) Authorization of Appropriations for Electrification.--
     In order to provide for electrification to enhance instream 
     flows by eliminating the need to divert water to operate the 
     hydraulic turbines which pump water to the Kennewick 
     Irrigation District, there is authorized to be appropriated--
       (1) $50,000 to conduct an assessment of opportunities for 
     alternative pumping plant locations;
       (2) $4,000,000 for construction; and
       (3) such sums as may be necessary for the prorata share of 
     the operation and maintenance allocated to fish and wildlife 
     as determined by the Secretary.
       (b) Power for Project Pumping.--(1) The Administrator of 
     the Bonneville Power Administration shall provide for project 
     power needed to effect the electrification as provided in 
     subsection (a).
       (2)(A) There is authorized to be appropriated for the 
     Bureau of Reclamation for each fiscal year in which the 
     Administrator provides power under this subsection an amount 
     equal to the cost to the Bonneville Power Administration of 
     providing power under this subsection during such fiscal 
     year. The rate to be utilized by the Administrator in 
     determining the cost of power under this paragraph in a 
     fiscal year shall be the rate for priority firm power charged 
     by the Bonneville Power Administration in that fiscal year 
     under section 7(b) of the Pacific Northwest Electric Power 
     Planning and Conservation Act (16 U.S.C. 839e(b)).
       (B) The Bureau of Reclamation shall, using funds 
     appropriated pursuant to the authorization of appropriations 
     in subparagraph (A), reimburse the Bonneville Power 
     Administration for the costs of the project power provided 
     under this subsection. Such funds shall be available for such 
     purpose without fiscal year limitation.
       (c) Subordination.--Any diversions for hydropower 
     generation at the Chandler Powerplant shall be subordinated 
     to meet the flow targets determined under subsection (f).
       (d) Water Supply for Kennewick Irrigation District.--The 
     Secretary shall ensure that the irrigation water supply for 
     the Kennewick Irrigation District shall not be affected by 
     conservation, electrification, or subordination pursuant to 
     this title and any reduction in its irrigation water supply 
     resulting from conservation measures adopted or implemented 
     by other entities pursuant to this title shall be replaced by 
     water developed through subordination, electrification, or a 
     combination of the two.
       (e) Treatment of Certain Funds.--Funds appropriated and 
     project power provided pursuant to this section shall be 
     nonreimbursable since such funds are used for fish and 
     wildlife purposes and such funds are not subject to cost 
     share under section 1203(d).
       (f) Target Flows.--Target flows measured at appropriate 
     biological and hydrological location or locations shall be 
     determined by the Yakima Project Superintendent in 
     consultation with the System Operations Advisory Committee.

     SEC. 1209. AUGMENTATION OF KACHESS RESERVOIR STORED WATER.

       (a) Authorization of Appropriations.--In order to augment 
     Kachess Reservoir stored water supplies from flows of Cabin 
     Creek and Silver Creek which are excess to system demands, 
     there is authorized to be appropriated--
       (1) such sums as may be necessary to carry out a 
     feasibility study, including the benefits, costs, and 
     environmental aspects, of the facility described in paragraph 
     (2);
       (2) for the construction of facilities to convey such flows 
     to Kachess Reservoir, $20,000,000; and
       (3) such sums as may be necessary for the pro rata share of 
     the operation and maintenance allocated to fish and wildlife 
     determined by the Secretary.
       (b) Limitation.--Construction of the facilities described 
     in subsection (a)(1) is contingent on the completion of the 
     feasibility study referred to in subsection (a)(2).
       (c) Use of Additional Water.--The stored water supply 
     resulting from the construction of facilities under this 
     section shall be used by the Secretary to--
       (1) enhance the water supply available to the Kittitas 
     Reclamation District and the Roza Irrigation District in 
     years of proration; and
       (2) facilitate reservoir operations in the Easton Dam to 
     Keechelus Dam reach of the Yakima River for the propagation 
     of anadromous fish.
       (d) Treatment of Costs.--The construction and operation and 
     maintenance costs of the facilities under this section shall 
     be allocated to irrigation and fishery enhancement, as 
     follows:
       (1) The portion of such costs allocated to irrigation is 
     reimbursable, with the construction costs to be paid prior to 
     initiation of construction by the Kittitas Reclamation 
     District and the Roza Irrigation District.
       (2) The portion of such costs allocated to fishery 
     enhancement is nonreimbursable.
       (e) Kachess Dam Modifications.--There is authorized to be 
     appropriated $2,000,000 for the modification of the discharge 
     facilities of Kachess Dam to improve reservoir operations for 
     anadromous fish enhancement. Amounts appropriated under this 
     subsection are nonreimbursable.

     SEC. 1210. INTERIM COMPREHENSIVE BASIN OPERATING PLAN.

       (a) Development.--The Secretary shall, in consultation with 
     the State of Washington, Yakama Indian Nation, Yakima River 
     Basin irrigation districts, Bonneville Power Administration, 
     and other entities as determined by the Secretary, develop an 
     interim comprehensive operating plan for providing a general 
     framework within which the Yakima Project Superintendent 
     operates the Yakima Project, including measures implemented 
     under the Yakima River Basin Water Enhancement Project, 
     including (but not limited to)--
       (1) operating capability and constraints of the system;
       (2) information on water supply calculations an water 
     needs;
       (3) system operations and stream flow objectives; and
       (4) the System Operations Advisory Committee activities.
       (b) Process Requirements.--A draft of the interim 
     comprehensive basin operating plan shall be completed within 
     18 months after the completion of the Basin Conservation Plan 
     under section 1203(f) and, upon completion, published for a 
     90-day public review period. The Secretary shall complete and 
     publish the final interim comprehensive operating plan within 
     90 days after the close of the public review period. The 
     Secretary shall update the plan as needed to respond to 
     decisions from water adjudications relating to the Yakima 
     River basin.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000 to carry out this section.

     SEC. 1211. ENVIRONMENTAL COMPLIANCE.

       There are hereby authorized to be appropriated to the 
     Secretary $2,000,000 for environmental compliance activities 
     including the conduct, in cooperation with the State of 
     Washington, of an inventory of wildlife and wetland resources 
     in the Yakima River basin and an investigation of measures, 
     including ``wetland banking'', which could be implemented to 
     address potential impacts which could result from the 
     activities taken under this title.

     SEC. 1212. SAVINGS AND CONTINGENCIES.

       (a) In General.--Nothing in this title shall be construed 
     to--
       (1) affect or modify any treaty or other right of the 
     Yakama Indian Nation;
       (2) authorize the appropriation or use of water by any 
     Federal, State, or local agency, the Yakama Indian Nation, or 
     any other entity or individual;
       (3) impair the rights or jurisdictions of the United 
     States, the States, the Yakama Indian Nation, or other 
     entities over waters of any river or stream or over any 
     ground water resource;
       (4) alter, amend, repeal, interpret, modify, or be in 
     conflict with any interstate compact made by the States;
       (5) alter, establish, or impair the respective rights of 
     States, the United States, the Yakama Indian Nation, or any 
     other entity or individual with respect to any water or 
     water-related right;
       (6) alter, diminish, or abridge the rights and obligations 
     of any Federal, State, or local agency, the Yakama Indian 
     Nation, or other entity, public or private;
       (7) affect or modify the rights of the Yakama Indian Nation 
     or its successors in interest to, and management and 
     regulation of, those water resources arising or used, within 
     the external boundaries of the Yakama Indian Reservation;
       (8) affect or modify the settlement agreement between the 
     United States and the State of Washington filed in Yakima 
     County Superior Court with regard to Federal reserved water 
     rights other than those rights reserved by the United States 
     for the benefit of the Yakama Indian Nation and its members;
       (9) affect or modify the rights of any Federal, State, or 
     local agency, the Yakama Indian Nation, or any other entity, 
     public or private with respect to any unresolved and 
     unsettled claims in any water right adjudications, or court 
     decisions, including State against Acquavella, or constitute 
     evidence in any such proceeding in which any water or water 
     related right is adjudicated; or
       (10) preclude other planning studies and projects to 
     accomplish the purposes of this title by other means: funded 
     publicly, privately, or by a combination of public and 
     private funding.
       (b) Contingency Based on Appropriations.--The performance 
     of any activity under this title which requires 
     accomplishment within a specified period that may require 
     appropriation of money by Congress or the allotment of funds 
     shall be contingent upon such appropriation or allotment 
     being made.

  Mr. FORD. Mr. President, I move that the Senate concur in the House 
amendment.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  Mr. FORD. Mr. President, I move to reconsider the vote by which the 
motion was agreed to.
  Mr. KEMPTHORNE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. FORD. Mr. President, I ask unanimous consent any statements on 
this measure appear in the Record at the appropriate place as though 
read.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________