[Congressional Record Volume 142, Number 110 (Wednesday, July 24, 1996)]
[Senate]
[Pages S8637-S8641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Hutchison):
  S. 1985. A bill to increase penalties for sex offenses against 
children; to the Committee on the Judiciary.


            The Amber Hagerman Child Protection Act of 1996

  Mrs. FEINSTEIN. Mr. President, I rise today for two reasons. First, I 
want to talk about two little girls whose short lives have had an 
impact far beyond their youthful imaginings. Unlike their families and 
friends, we do not know them for the love they gave, nor do we know of 
them for their academic ability or artistic talents. Sadly, unlike 
their families and friends, we did not know them while they were 
alive--we know them only because of their tragic deaths.
  The second reason I rise today is to introduce legislation with 
Senator Hutchison which is designed to prevent other children from 
suffering their fate, the Amber Hagerman Child Protection Act of 1996. 
I ask that a copy of the bill be printed in full following my remarks. 
An earlier version of this bill was introduced in the House by 
Representative Martin Frost of Texas.
  The first little girl I want to tell you about is Polly Klaas. Many 
people throughout our Nation have come to know about this 12-year-old 
girl from Petaluma, CA, a small, close-knit community north of San 
Francisco, and the tragic circumstances of her death.
  Polly was kidnaped from her bedroom on October 1, 1993, by a bearded, 
knife-wielding man who tied her up and threatened to slit her friends' 
throats as her mother slept in a nearby room. Polly and her friends--
who were over for a slumber party--were playing a board game at the 
time of the abduction.
  Immediately after the assailant had fled with Polly, her two friends 
awakened her mother, Eve Nichols, and she called 911: ``Apparently, a 
man just broke into our house,'' she said, her voice rising in panic, 
``and they say he took my daughter.''
  Richard Allen Davis, a 41-year old parolee with two previous 
kidnaping convictions and a history of psychotic behavior, was arrested 
on November 30, 1993, and 4 days later, police say, he led them to her 
body, dumped beside a highway. Next to Polly's body, police found a 
specialty condom identical to one Davis had bought at the adult novelty 
store Seductions a day or two before the kidnapping, according to the 
store's former owner. Polly's clothes were pushed up to her waist.
  At Davis' trial, prosecutors presented expert testimony that Davis' 
abduction of Polly was motivated by a desire to gratify his sexual 
tastes for bondage.
  Last month, Davis was convicted of all ten counts against him, 
including attempting a lewd act with a minor.
  The second little girl I want to tell you about, Amber Hagerman, was 
visiting her grandparents on January 13 of this year, the day she was 
kidnaped. An eyewitness later told police that he saw a white or 
Hispanic man pull the child from her pink tricycle and drag her into a 
black pickup truck.
  She was found dead 4 days later--her clothes stolen from her lifeless 
little body--in a creek behind an apartment complex. Police have made 
no arrests for the murder of Amber Hagerman, but are continuing to 
follow every lead.
  Amber's killer is still free and her family continues to feel the 
pain caused by the loss of their beloved daughter. Just a few weeks 
ago, Amber's grief stricken mother, Donna Whitson, released an open 
letter to her daughter's unknown assailant. In it, she said:

       [I]t has now been 122 days since I last saw my daughter 
     alive. One hundred twenty-two days since I felt her happiness 
     in my life. One hundred and twenty-two days ago, you tore my 
     baby girl from her family's love * * * [Y]ou destroyed 
     forever the happiness, harmony and dreams that my children 
     and I had been working so hard to bring to fruition. Our 
     plans for the future altered because of you.''

  Imagine if you can, trying to comprehend what your own child's last 
moments of life were like, or trying to fathom the pain and fear felt 
by your own flesh and blood as they lived them. Donna Whitson has 
probably done so every day since the loss of her daughter. In her open 
letter, she asked her daughter's killer:

       At what point between the time you stole my baby and the 
     time she was returned did you murder my child? Why had you 
     drained the life from her body? How could you steal the 
     clothes from her lifeless body and dump her like trash thrown 
     along the wayside?

  Mr. President, it is for these two children and their families that 
we must join with Donna Whitson to say loud and clear that 
the abduction of children and child sexual abuse will not be tolerated 
by this society.


                             The Crime Bill

  Two years ago, Congress acknowledged that action must be taken to 
stop child sexual abuse when it passed the President's crime bill.
  The Violent Crime Control Act contained several tough provisions to 
combat child sexual abuse. More specifically, the crime bill:
  Established guidelines for State programs that require persons 
convicted of crimes against children, including sexual misconduct with 
a minor, to register their addresses with an appropriate State law 
enforcement agency for 10 years after their release from prison;
  Sexually violent predators must remain registered until a court 
determines that they no longer suffer from a mental abnormality that 
would make a predatory sexually violent offense likely.
  The crime bill also doubled the maximum prison term for offenders who 
commit a sexual abuse or sexual contact offense under Federal law after 
one or more prior convictions for a Federal or State sexual abuse or 
sexual contact offense.
  I strongly believe that this landmark legislation will go a long way 
toward protecting our Nation's children.
  Earlier this year, the President signed Megan's Law, which requires 
that State law enforcement agencies release information that is 
necessary to protect the public from convicted sex offenders in their 
midst. This change in the law was part of the Amber Hagerman Child 
Protection Act as it was introduced in the House.
  Yet, much more needs to be done.


                The Amber Hagerman Child Protection Act

  Clearly, too many children suffer the physical and emotional impact 
of kidnaping and it must be stopped before more kids like Polly Klaas 
and Amber Hagerman fall victim to its tragic effects.
  Child sexual abuse must be stopped by taking sexual predators off our 
streets. Swift, sure action must be taken to stop child sexual abuse, 
and penalties must be increased for those who commit this heinous 
crime.
  The Amber Hagerman Child Protection Act will help accomplish this 
goal in several ways:
  The heart of the bill is a tough ``two strikes and you're out'' 
provision for child sex offenders. First, the bill adds 
life imprisonment for a second offense where the second offense is a 
Federal one. Second, this legislation also reduces Byrne grant funding 
by 10 percent to States which do not pass a similar two strikes 
provision to ensure that all States take this important step to help 
save our children from sexual abuse.

[[Page S8638]]

  This legislation expands Federal child sexual abuse statutes to cover 
instances when the perpetrator crosses State lines with the intent to 
commit the offense, or commits the offense in interstate or foreign 
commerce.
  Lastly, the bill establishes a national database for sex offenders 
and child kidnappers to be maintained by the FBI; and makes that 
database accessible to appropriate State law enforcement officials.
  The bill that we are introducing today differs from the House bill in 
two ways. First, because enhanced community notification has, 
fortunately, been enacted into law as Megan's Law, that provision is no 
longer necessary. Second, the House bill contains an explicit death 
penalty for killing a child in the course of a Federal sex offense. I 
agree that such an evil and perverted act deserves the death penalty; 
however, I believe that the death penalty which already exists in 
Federal law, and which would apply to this heinous act under our bill, 
is preferable, as it is slightly broader than the penalty in the House 
bill.


                               Conclusion

  Mr. President, the sick, tragic deaths of Polly Klaas and Amber 
Hagerman serve as stark reminders that from tragedy and grief can come 
constructive action and effective solutions, such as the crime bill's 
three strikes initiative to incarcerate for life the most dangerous 
criminals in our society.
  We have much work to do to ensure the safety of our children from 
abduction and sexual abuse; passing this bipartisan legislation is a 
vital part of that effort. As a banner across the building in which the 
Polly Klaas Foundation is headquartered says: ``We ache. We grieve. 
We're angry. We're not done.''
  I urge all of my colleagues to give their support to the Amber 
Hagerman Child Protection Act.
  Mr. President, on behalf of Senator Hutchison and myself, I send the 
bill to the desk.
  The PRESIDING OFFICER. The bill will be received and referred to the 
appropriate committee.
  Mrs. FEINSTEIN. Mr. President, on behalf of Senator Hutchison and 
myself, I have just sent to the desk the Amber Hagerman Child 
Protection Act. The purpose is to try to provide a Federal response to 
those who molest children.
  Recently, a study showed about 40 percent of the child molesters are 
recidivists. I, frankly, think that could well be even higher than 
that.
  In virtually every community throughout the United States, there is a 
story to tell. Senator Hutchison will speak in a moment about a story 
from Texas. I can speak about a story from California. I can speak of 
Polly Klaas, and the person who was just convicted of abducting, 
kidnaping, raping and killing her had a prior record.
  The bill we are proposing today attacks the problem of sex offenders 
on both the State and Federal level. The purpose of the bill is to 
require life imprisonment for a repeat, two-time child sex offender and 
to provide an opportunity for the second offense to be heard in a 
Federal court.
  The purpose of this bill is that if an individual is convicted of 
child molestation and repeats that felony, either on Federal land or in 
the crossing of State lines, that it will become a Federal offense and 
subject to life imprisonment.
  This is a harsh bill. It is a tough bill. It has been introduced in 
the House by Representative Frost. It is my hope, and I believe Senator 
Hutchison's hope, that tomorrow in the Judiciary Committee I will offer 
it as an amendment to the child pornography bill. If it fails there, we 
will try at a later time to offer it as an amendment on the floor to a 
bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1985

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Amber Hagerman Child 
     Protection Act of 1996''.

     SEC. 2. INCREASED PENALTIES FOR FEDERAL SEX OFFENSES AGAINST 
                   CHILDREN.

       (a) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of 
     title 18, United States Code, is amended--
       (1) by inserting ``whoever in interstate or foreign 
     commerce or'' before ``in the special'';
       (2) by inserting ``crosses a State line with intent to 
     engage in a sexual act with a person who has not attained the 
     age of 12 years, or'' after ``Whoever''; and
       (3) by adding at the end the following: ``If the defendant 
     has previously been convicted of another Federal offense 
     under this subsection or under section 2243(a), or of a State 
     offense that would have been an offense under either such 
     provision had the offense occurred in a Federal prison, 
     unless the death penalty is imposed, the defendant shall be 
     sentenced to life in prison.''.
       (b) Sexual Abuse of a Minor.--Section 2243(a) of title 18, 
     United States Code, is amended--
       (1) by inserting ``whoever in interstate or foreign 
     commerce or'' before ``in the special'';
       (2) by inserting ``crosses a State line with intent to 
     engage in a sexual act with a person who, or'' after 
     ``Whoever''; and
       (3) by adding at the end the following: ``If the defendant 
     has previously been convicted of another Federal offense 
     under this subsection or under section 2241(c), or of a State 
     offense that would have been an offense under either such 
     provision had the offense occurred in a Federal prison, 
     unless the death penalty is imposed, the defendant shall be 
     sentenced to life in prison.''.

     SEC. 3. CONDITION FOR BYRNE GRANTS.

       Section 170101(f) of the Violent Crime Control and Law 
     Enforcement Act of 1994 is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) inserting after subparagraph (A) the following:
       ``(B) In order not to reduce the funds available under part 
     E of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968 by 10 percent, a State shall, on the first day of 
     each fiscal year beginning 2 years after the date of the 
     enactment of the Amber Hagerman Child Protection Act of 1996, 
     have in effect throughout the State in such fiscal year a law 
     which requires a court to sentence a defendant in a State 
     prosecution who is convicted of an offense that would have 
     been an offense if such offense occurred in a Federal prison 
     under section 2241(c) or 2243(a) of title 18, United States 
     Code, and who has previously been convicted for such an 
     offense to life in prison without the possibility of 
     parole.''.

     SEC. 4. RELEASE OF REGISTRATION INFORMATION.

       Section 170101 of the Violent Crime Control and Law 
     Enforcement Act of 1994 is amended by adding at the end the 
     following:
       ``(g) Separate Data Base.--The Federal Bureau of 
     Investigation shall maintain a separate data base for 
     information submitted to the Bureau under this section and 
     make that data base accessible to appropriate State law 
     enforcement officials. The Bureau shall inform appropriate 
     local law enforcement officials on each occasion that a 
     person registered under this section changes registration to 
     that locality.''.

  Mrs. FEINSTEIN. I yield to my colleague, the distinguished Senator 
from Texas.
  Mrs. HUTCHISON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mrs. HUTCHISON. Mr. President, I thank Senator Feinstein for working 
on this bill, for putting it together, for carrying it through the 
Judiciary Committee on which she serves, because this is something that 
we can truly do in a bipartisan fashion.
  I know that when our Dear Colleague letter goes out to all of the 
Senators that we will have probably 75 or 80 cosponsors, because this 
is a bill that I think everyone will see the need for and want to 
support.
  In fact, as Senator Feinstein mentioned, this bill is named for the 
9-year-old victim of a tragic killing that was so unnecessary and, 
unfortunately, is still unsolved. Nine-year-old Amber Hagerman was 
abducted while riding her bicycle outside her grandparents' home in 
Arlington, TX, earlier this year. She was kept alive for at least 48 
hours before being murdered. Her nude, slashed body was found in a 
creek bed behind an Arlington apartment complex on January 17, 4 days 
after she was snatched away from her friends and family by a man 
driving a truck.
  The killer of this much-beloved and innocent child has never been 
identified. Her family and friends still are not comprehending why this 
could have happened to such a child. The entire community remains 
stunned, saddened and enraged. They have the chilling certainty that 
there is a child killer on the loose in their community, in our State, 
in our country.
  Although we do not know the name of this monster who kidnaped, 
molested, and murdered this 9-year-old child, we do know several 
unpleasant

[[Page S8639]]

facts about sexual predators who prey on children, like Amber, in 
communities across this country.
  Twenty percent of those in State prisons convicted of violent 
crimes--65,000 people--report having victimized a child. More than half 
of these victims were 12 years old or younger, 75 percent of them were 
female.
  Thirty percent of these sexual predators report having committed 
their crimes against multiple victims. Sixty-six percent of prisoners 
convicted of sexual assaults committed their crime against a child.
  The repeat crime rate for sex offenders is estimated to be as much as 
10 times higher than the recidivism rate of other criminals.
  Mr. President, we know that more than 40 percent of convicted sex 
offenders will repeat their crimes. We must begin to act on the 
information that we have. The revolving doors of our criminal justice 
system have to stop sending violent criminals out on the streets and 
back into our neighborhoods to prey on those least able to take care of 
themselves--our children.
  Justice must be made to serve the young and most vulnerable among us, 
as well as those who repeatedly violate the law. So it is in Amber 
Hagerman's memory that I am cosponsoring Senator Feinstein's 
legislation today to protect this Nation's children from sex offenders.
  As Senator Feinstein said, the purpose of the bill is tough. It is to 
require life imprisonment for two-time child sex offenders when their 
cases are heard in Federal court, and it encourages States to do 
likewise.
  It provides for a nationwide system of tracking sex offenders to be 
administered by the FBI.
  This legislation would establish new Federal jurisdiction over sexual 
offenses against children when a person commits a crime after crossing 
State lines with the intent of committing a sex offense.
  So, Mr. President, I think Senator Feinstein told us what is in the 
bill. I will not go into it any further. But I do want to say that it 
is a primary responsibility of our Government to protect our citizens, 
and especially the youngest and most vulnerable citizens.
  We are going to send a message today to the monsters in our society 
who would murder children that there is going to be a price to pay. 
Hopefully, we will get these people off the streets, out of our 
neighborhoods, out of our parks and begin to get serious about personal 
security in this country, especially for our children. Thank you.
  I thank Senator Feinstein for working on this bill and for allowing 
me to be the cosponsor of it in honor and memory of my constituent, 9-
year-old Amber Hagerman, so that her legacy will be that she will be a 
part of protecting children like her from meeting her fate. Thank you, 
Mr. President. I thank Senator Feinstein. I yield the floor.
  Mrs. FEINSTEIN addressed the Chair.
  The PRESIDING OFFICER (Mr. Thompson). The Senator from California.
  Mrs. FEINSTEIN. Mr. President, if I may, I thank the distinguished 
Senator from Texas. It is a great pleasure to work with her. I hope we 
have success in this measure. Thank you, Mr. President. I yield the 
floor.
       By Mr. HATFIELD:

  S. 1986. A bill to provide for the completion of the Umatilla Basin 
project, and for other purposes; to the Committee on Energy and Natural 
Resources.


               The Umatilla Basin Project Completion Act

 Mr. HATFIELD. Mr. President, almost 20 years ago, I traveled 
to Pendleton, OR, to hold a hearing on longstanding water disputes in 
the Umatilla River Basin. These disputes were somewhat typical of other 
water conflicts throughout the western United States, in that, I was 
lucky to get out of that hearing room alive. The tension between all 
sides at that 1977 hearing was so high, I was almost certain that a 
small war would break out right there in the room. Fortunately, that 
meeting was the low point in the effort to resolve water conflicts in 
that northeast Oregon river basin. Since that time, we have experienced 
many high points.
  In the ensuing 11 years since that fateful meeting of 1977, local 
leaders were successful in bringing irrigators, Indian tribes, 
environmentalists, elected officials and government bureaucrats 
together on one of the most successful fishery restoration projects 
this Nation has ever seen, the Umatilla Basin project. In 1988, 
Congress enacted the Umatilla Basin Project Act in an effort to develop 
a pragmatic, least-cost approach to meeting the Federal Government's 
treaty obligations in the basin without devastating the area's valuable 
agricultural economy. This project has truly been a model of 
cooperation between those seeking to utilize water for agricultural 
purposes and those whose historical way of life and culture hinged on 
the restoration of healthy fish runs in the Umatilla River.
  The Umatilla Basin project has been a product of years of debate and 
grassroots consensus building. Its two main purposes have been to 
restore a healthy anadromous fishery to the Umatilla River and to 
provide irrigated agriculture with a predictable water supply. On both 
counts, the project has been a tremendous success.
  Under the 1988 act, new pumping facilities were authorized to allow 
three irrigation districts, which previously withdrew their water from 
the Umatilla River, to leave the water instream for fish. In exchange, 
the irrigation districts received an equal volume of water from the 
adjacent Columbia River to irrigate their crop lands. The project has 
had no impact on Columbia River flows and has restored strong, healthy 
fish runs to the Umatilla River for the first time in decades. In fact, 
in the first 6 months of 1996 already, over 4,000 fish have returned to 
a river that in the 1960's lost its native salmon. In fact, prior to 
the authorization of the Umatilla Basin project, irrigation withdrawals 
from the Umatilla River literally dried the river up during the summer 
months.
  While the Umatilla Basin project has been a huge success for all 
parties involved, the 1988 act provided Columbia River exchanges for 
only half of the Umatilla River irrigation withdrawals. In order to 
make the project whole and satisfy the Federal Government's treaty 
fishery obligations to the Umatilla Tribes, the remainder of the 
project must be built. Today, I am introducing legislation which 
achieves this goal, while at the same time, resolves a longstanding 
dispute regarding the delivery of water to lands not officially within 
Bureau of Reclamation project boundaries.
  The bill I am introducing today, entitled the ``Umatilla Basin 
Project Completion Act,'' incorporates the key components of a general 
agreement reached last April in meetings between the Confederated 
Tribes of the Umatilla, irrigation districts, State water resources 
department, locally elected officials and Federal agencies. My bill has 
three major provisions. First, it calls for the construction of the 
third and final phase of the Umatilla project, which will exchange 
Columbia River water for an equivalent amount of irrigation water now 
taken out of the Umatilla River. This final phase, known as phase 3, 
will cost $71 million and will fully satisfy all obligations of the 
Federal Government to provide the Confederated Tribes of the Umatilla 
Indian Reservation with water for fishery needs in the Umatilla River 
below the mouth of McKay Creek, as recognized by their 1855 treaty with 
the United States. The 1988 Umatilla Basin Project Act authorized the 
construction of phases 1 and 2. Phase 3 alone will provide almost as 
much water to the fishery resources of the Umatilla River as did the 
previous two phases.
  Second, my bill adjusts the boundaries of three of the four 
irrigation districts in the Umatilla project to include lands irrigated 
with project water prior to 1988. The three districts for which these 
boundary adjustments will be legislatively granted, are already 
exchanging Umatilla River for Columbia River water, as authorized under 
phases 1 and 2. The fourth district, Westland Irrigation District, was 
not included in phases 1 and 2 of the 1988 Act and is still withdrawing 
water from the Umatilla River. My bill does not grant a boundary 
adjustment for Westland until the phase 3 Columbia River water exchange 
is fully up and running.

  Finally, my legislation calls for the preparation of a comprehensive 
water management plan for the Umatilla River Basin. As a followup to 
last

[[Page S8640]]

April's meetings, all of the affected parties--the State, Federal and 
local Governments, the tribes, and the irrigation districts--agreed to 
cooperate in preparing a comprehensive water management plan for the 
Umatilla Basin. The Plan would serve as a guide in allocating water to 
maximize the fishery benefits while recognizing valid existing uses. My 
bill authorizes $500,000 to assist this most promising and valuable 
effort.
  It should be noted at this time that not all of the items identified 
in last April's consensus process were included in my legislation. 
While I felt that each of these items had merit, fiscal realities and 
the short time frame remaining prior to sine die adjournment of the 
104th Congress precluded me from including them in this bill.
  Mr. President, I recognize that large authorizations for new 
construction projects are not particularly popular at this time. This 
bill, however, is far preferable to the traditional mode of meeting our 
Nation's treaty fishery obligations to Indian tribes. To date, the 
standard mode of operation has been protracted litigation and 
adjudication of rights, followed by construction of costly projects. In 
the Yakima River Basin, for example, the Federal Government and 
irrigators spent nearly 20 years and $50 million just adjudicating the 
tribe's treaty fishery rights. During that time, the Yakima River 
salmon runs continued to decline, and Congress passed legislation 
authorizing another $150 million to restore the Yakima River fishery. 
Unfortunately, similar sad tales reverberate throughout the Pacific 
Northwest. Our experience in the Umatilla River Basin, to date, has 
been more positive and successful.
  The bill I am introducing today reflects the general consensus 
reached by Tribes, irrigation districts, local communities, 
environmentalists, and State, local, and Federal governments. These 
groups came together in the same cooperative spirit that characterized 
the 1988 Umatilla Basin Project Act to reach agreement that the final 
phase of the Umatilla Basin Project should be completed and that, once 
and for all, the longstanding debate over authorized water deliveries 
for irrigation purposes should be resolved. I am proud of the work 
these groups have done and look forward to working with them to resolve 
their remaining issues and concerns with this legislation.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1986

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
       Section 1. This Act may be referred to as the ``Umatilla 
     Basin Project Completion Act.''
       Sec. 2. Title II of Public Law 100-557 is amended by adding 
     at the end thereof:

     ``SEC. 214. AUTHORIZATION OF PROJECT COMPLETION.

       ``For purposes of completing the Columbia River water 
     exchanges and other mitigation efforts necessary to restore 
     the Umatilla River Basin fishery, and to provide for the 
     expansion of Umatilla Basin Project district boundaries, the 
     Secretary of the Interior (hereinafter referred to as the 
     Secretary), acting pursuant to the Federal reclamation laws 
     (Act of June 17, 1902, and Acts amendatory thereof and 
     supplementary thereto), is authorized to complete 
     construction and to operate and maintain the integrated 
     Umatilla River Basin Project, including pump exchange 
     projects known as Phases I, II, and III.

     ``SEC. 215. UMATILLA RIVER PHASE III EXCHANGE

       ``(a)(1) The Secretary is hereby authorized to construct a 
     third and final phase of the Umatilla River Basin Project to 
     provide additional flows in the Umatilla River for anadromous 
     fish through a water exchange with Westland Irrigation 
     District.
       ``(2) Prior to construction, the Secretary shall complete a 
     feasibility study to identify alternatives within the 
     authorized ceiling to provide Westland Irrigation District 
     exchange flows of approximately 220 cubic feet per second, or 
     greater.
       ``(3) The feasibility study for the Phase III exchange 
     facilities shall include an analysis of inclusion of other 
     irrigators in the exchange, appropriate backup systems, water 
     conservation opportunities, and such other analyses as the 
     Secretary may deem appropriate to improve the exchange 
     project for fishery restoration purposes.
       ``(4) Prior to completion of Phase III facilities, the 
     Secretary shall negotiate and execute an exchange agreement 
     with the Westland Irrigation District and any other 
     participating irrigators to allow the use of Columbia River 
     water in exchange for an equal amount of Umatilla River or 
     Mckay Reservoir water: Provided, that the irrigation 
     districts shall continue to be eligible to receive the same 
     volume of water as they received under their respective 
     contracts with the Bureau of Reclamation dated July 6, 1954 
     for Hermiston Irrigation District, November 18, 1949 for 
     Stanfield Irrigation District, July 6, 1954 for West 
     Extension Irrigation District, and November 18, 1949 for 
     Westland Irrigation District.
       ``(5) Phase III facilities may pump Columbia River water 
     for exchange purposes only, and not for conjunctive use.
       ``(b) Operation of Mckay Reservoir.--The Secretary shall 
     operate Mckay Reservoir in accordance with Federal and State 
     law and water rights filed pursuant to State law. The 
     Secretary is authorized to continue to designate and deliver 
     Mckay Reservoir water for Umatilla River fishery purposes. 
     This Title shall not alter any party's rights or obligations 
     under existing contracts for Mckay Reservoir water.
       ``(c) Operation and Maintenance Costs.--All exchange system 
     operation and maintenance costs and any increased operation 
     and maintenance costs to the Project caused by the Phase III 
     Exchange shall be the responsibility of the Federal 
     Government and shall be non-reimbursable.
       ``(d) Power for Project Pumping.--The Administrator of the 
     Bonneville Power Administration, consistent with provisions 
     of the Columbia River Basin Fish and Wildlife Program 
     established pursuant to the Pacific Northwest Electric Power 
     Planning and Conservation Act (94 Stat. 2697), shall provide 
     for project power needed to effect the Phase III water 
     exchange for purposes of mitigating anadromous fishery 
     resources. The cost of power shall be credited to fishery 
     restoration goals of the Columbia River Basin Fish and 
     Wildlife Program.

     ``SEC. 216. UMATILLA BASIN PROJECT BOUNDARY ADJUSTMENT.

       ``(a) Upon enactment of the Umatilla Basin Project 
     Completion Act, the boundaries of the three irrigation 
     districts with functioning Columbia River water exchange 
     facilities are adjusted by operation of law as follows:
       ``(1) Hermiston Irrigation District's boundaries are 
     adjusted to include the 1,091 acres identified in its 1993 
     request to the Bureau of Reclamation;
       ``(2) Stanfield Irrigation District's boundaries are 
     adjusted to include the 230.99 acres receiving water under 
     1995 and 1996 temporary contracts with the Bureau of 
     Reclamation; and
       ``(3) West Extension Irrigation District's boundaries are 
     adjusted to include the 2,436.8 acres identified in its 1993 
     request to the Bureau of Reclamation and are classified as 
     irrigable in the Bureau of Reclamation's Land Classification 
     Report.
       ``(b)(1) When the Umatilla Basin Project's Phase III 
     Exchange is completed and fully functional, the Westland 
     Irrigation District's boundaries shall be adjusted to include 
     the 7,023 acres receiving water under 1995 and 1996 temporary 
     contracts with the Bureau of Reclamation: Provided, That any 
     analysis required by the National Environmental Policy Act of 
     1969 on the boundary expansion request shall be accomplished 
     in conjunction with similar analysis on the Phase III 
     exchange facilities. The Westland Irrigation District shall 
     pay analysis costs associated with boundary adjustment, not 
     to exceed $300,000, and any additional costs shall be non-
     reimbursable.
       ``(2) The Westland Irrigation District's temporary contract 
     with the Bureau of Reclamation is hereby extended for an 
     additional ten-year period. All other terms of the temporary 
     contract, including the payment, water delivery, and 
     mitigation provisions, shall remain the same. A riparian 
     project, as described in the 1996 temporary contract, will be 
     designed and completed by the Westland Irrigation District. 
     If Phase III is not fully functional when this temporary 
     contract, as extended, expires, the Secretary is authorized 
     to enter into additional extensions on such terms and 
     conditions as may be mutually agreeable.
       ``(c) Notwithstanding any other provision of this title, no 
     parcel may receive Project water unless it has a valid 
     existing State water right and is classified as irrigable in 
     the Bureau of Reclamation's Land Classification Report.
       ``(d) Upon approval of each irrigation district's boundary 
     adjustment request and adjustment of the boundary, a legal 
     description of the new district boundaries, including land 
     classification and project boundary maps, shall be provided 
     as an attachment to all four Irrigation District's existing 
     contracts.
       ``(e) No alteration in the ability to pay determination for 
     the Umatilla River Basin Project districts may be made as a 
     result of the Project boundary expansions authorized by this 
     Title.

     ``SEC. 217. TREATY OBLIGATIONS.

       ``The Federal Government and the Confederated Tribes of 
     the Umatilla Indian Reservation jointly recognize that 
     completion of Phase III and perpetual operation of the 
     integrated Project, including Phases I, II, and III, meets 
     all obligations of the Federal Government to provide the 
     Confederated Tribes of the Umatilla Indian Reservation 
     with water for fishery needs in the Umatilla River below 
     the mouth of McKay Creek, as recognized by their 1855 
     Treaty with the United States.

     ``SEC. 218. WATER PROTECTION AND MANAGEMENT.

       ``(a) The Secretary shall continue working in cooperation 
     with the State of Oregon, the

[[Page S8641]]

     Confederated Tribes of the Umatilla Indian Reservation, the 
     irrigation districts, and the affected public toward 
     developing a Comprehensive Water Management Plan to assist in 
     restoring the Umatilla River Basin's anadromous fishery. The 
     Secretary shall develop an integrated groundwater/surface 
     water model of the Upper Umatilla River Basin for use in 
     developing the Comprehensive Water Management Plan.
       ``(b) Project facilities and features authorized by this 
     title shall be integrated and coordinated, from an 
     operational standpoint, into existing features of the 
     Umatilla Basin Project.
       ``(c) The Secretary shall enter into appropriate agreements 
     with the State of Oregon, the relevant irrigation districts, 
     and the Confederated Tribes of the Umatilla Indian 
     Reservation, as appropriate, to provide funding for 
     monitoring and administration, including regulation, of 
     project-related water supplies for the purposes herein 
     identified.

     ``SEC. 219. AUTHORIZATION FOR APPROPRIATION.

       ``(a) There is authorized to be appropriated to the 
     Secretary, plus or minus such amounts as may be justified by 
     reason of ordinary fluctuations of applicable cost indexes, 
     the following sums, without fiscal year limitation:
       ``(1) not to exceed $71,000,000 for feasibility studies, 
     environmental studies, and construction of the Phase III 
     Exchange: Provided, That all costs of Phase III planning and 
     construction, including operation and maintenance costs 
     allocated to the mitigation of anadromous fish species and 
     the study authorized in Section 215 of this Act, shall be 
     non-reimbursable, Provided further, That not less than 80 per 
     centum of such funds shall be used for actual construction;
       ``(2) not to exceed $500,000 for the development of a 
     Comprehensive Water Management Plan and integrated 
     groundwater/surface water model, as provided for in 
     Sec. 218(a) of this title; and
       ``(3) not to exceed $400,000 annually for enforcement and 
     protection of Phases I, II, and III exchange water for 
     instream uses, as provided for in Sec. 218(c) of this 
     title.''

     SEC. 3. WATER RIGHTS.

       Nothing in this Act shall:
       (a) Impair the validity of or preempt any provision of 
     State law with respect to water or water rights, or of any 
     interstate compact governing water or water rights;
       (b) Create a right to the diversion or use of water other 
     than as established pursuant to the substantive and 
     procedural requirements of State law and as recognized under 
     State law;
       (c) Impair or affect any valid water right; or
       (d) Establish or create any water rights for any party, nor 
     may any provision be construed to create directly or 
     indirectly an express or implied federal reserved water right 
     for any purpose.
                                 ______