[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9325-S9326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    WALLOWA LAKE DAM REHABILITATION AND WATER MANAGEMENT ACT OF 2004

  The Senate proceeded to consider the bill (S. 1355) to authorize the 
Bureau of Reclamation to participate in the rehabilitation of the 
Wallowa Lake Dam in Oregon, and for other purposes, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                S. 1355

       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 ``Wallowa Lake Dam 
     Rehabilitation and Water Management Act of 2003''.

     SEC. 2. DEFINITIONS.

       [In this Act:
       [(1) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the non-
     profit corporation by that name (as established under the 
     laws of the State of Oregon) that operates Wallowa Lake Dam.
       [(2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       [(3) Wallowa lake dam rehabilitation program.--The term 
     ``Wallowa Lake Dam Rehabilitation Program'' means the program 
     for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document entitled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     October 2001, and on file with the Bureau of Reclamation.
       [(4) Wallowa valley water management plan.--The term 
     ``Wallowa Valley Water Management Plan'' means the program 
     developed for the Wallowa River watershed, as contained in 
     the document entitled ``Wallowa Lake Dam Rehabilitation and 
     Water Management Plan Vision Statement'', dated February 
     2001, and on file with the Bureau of Reclamation.

     [SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

       [(a) Authorization.--The Secretary--
       [(1) may provide funding to the Associated Ditch Companies, 
     Incorporated, in order for the Associated Ditch Companies, 
     Incorporated, to plan, design and construct facilities needed 
     to implement the Wallowa Lake Dam Rehabilitation Program; and
       [(2) in cooperation with tribal, State and local 
     governmental entities, may participate in planning, design 
     and construction of facilities needed to implement the 
     Wallowa Valley Water Management Plan.
       [(b) Cost Sharing.--
       [(1) In general.--The Federal share of the costs of 
     activities authorized under this Act shall not exceed 80 
     percent.
       [(2) Exclusions from federal share.--There shall not be 
     credited against the Federal share of such costs--
       [(A) any expenditure by the Bonneville Power Administration 
     in the Wallowa River watershed; and
       [(B) expenditures made by individual farmers in any Federal 
     farm or conservation program.
       [(c) Compliance With State Law.--The Secretary, in carrying 
     out this Act, shall comply with otherwise applicable State 
     water law.
       [(d) Prohibition on Holding Title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this Act.
       [(e) Prohibition on Operation and Maintenance.--The Federal 
     Government shall not be responsible for the operation and 
     maintenance of any facility constructed or rehabilitated 
     under this Act.
       [(f) Ownership and Operation of Fish Passage Facility.--Any 
     facility located at Wallowa Lake Dam for trapping and 
     transportation of migratory adult salmon may be owned and 
     operated only by the Nez Perce Tribe.

     [SEC. 4. RELATIONSHIP TO OTHER LAW.

       [Activities funded under this Act shall not be considered a 
     supplemental or additional benefit under the Act of June 17, 
     1902 (32 Stat. 388), and all Acts amendatory thereof or 
     supplementary thereto.

     [SEC. 5. APPROPRIATIONS.

       [There is authorized to be appropriated to the Secretary 
     $32,000,000 for the Federal share of the costs of activities 
     authorized under this Act.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Wallowa Lake Dam 
     Rehabilitation and Water Management Act of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the 
     nonprofit corporation established under the laws of the State 
     of Oregon that operates Wallowa Lake Dam.
       (2) Phase ii and phase iii of the wallowa valley water 
     management plan.--The term ``Phase II and Phase III of the 
     Wallowa Valley Water Management Plan'' means the Phase II 
     program for fish passage improvements and water conservation 
     measures, and the Phase III program for implementation of 
     water exchange infrastructure, developed for the Wallowa 
     River watershed, as contained in the document entitled 
     ``Wallowa Lake Dam Rehabilitation and Water Management Plan 
     Vision Statement'', dated February 2001, and on file with the 
     Bureau of Reclamation.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (4) Wallowa lake dam rehabilitation program.--The term 
     ``Wallowa Lake Dam Rehabilitation Program'' means the program 
     for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document entitled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     December 2002, and on file with the Bureau of Reclamation.

     SEC. 3. AUTHORIZATION TO PARTICIPATE IN PROGRAM.

       (a) Grants and Cooperative Agreements.--The Secretary may 
     provide grants to, or enter into cooperative or other 
     agreements with, tribal, State, and local governmental 
     entities and the Associated Ditch Companies, Incorporated, to 
     plan, design, and construct facilities needed to implement 
     the Wallowa Lake Dam Rehabilitation Program and Phase II and 
     Phase III of the Wallowa Valley Water Management Plan.
       (b) Conditions.--As a condition of providing funds under 
     subsection (a), the Secretary shall ensure that--
       (1) the Wallowa Lake Dam Rehabilitation Program meets the 
     standards of the dam safety program of the State of Oregon;
       (2) the Associated Ditch Companies, Incorporated, agrees to 
     assume liability for any work performed, or supervised, with 
     funds provided to it under this Act; and
       (3) the United States shall not be liable for damages of 
     any kind arising out of any act, omission, or occurrence 
     relating to a facility rehabilitated or constructed under 
     this Act.
       (c) Cost Sharing.--
       (1) In general.--The Federal share of the costs of 
     activities authorized under this Act shall not exceed 80 
     percent.
       (2) Exclusions from federal share.--There shall not be 
     credited against the Federal share of such costs--
       (A) any expenditure by the Bonneville Power Administration 
     in the Wallowa River watershed; and
       (B) expenditures made by individual agricultural producers 
     in any Federal commodity or conservation program.
       (d) Compliance With State Law.--The Secretary, in carrying 
     out this Act, shall comply with otherwise applicable State 
     water law.
       (e) Prohibition on Holding Title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this Act.

[[Page S9326]]

       (f) Prohibition on Operation and Maintenance.--The Federal 
     Government shall not be responsible for the operation and 
     maintenance of any facility constructed or rehabilitated 
     under this Act.
       (g) Ownership and Operation of Fish Passage Facility.--Any 
     facility constructed using Federal funds authorized by this 
     Act located at Wallowa Lake Dam for trapping and 
     transportation of migratory adult salmon may be owned and 
     operated only by the Nez Perce Tribe.

     SEC. 4. RELATIONSHIP TO OTHER LAW.

       Activities funded under this Act shall not be considered a 
     supplemental or additional benefit under Federal reclamation 
     law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
     and Acts supplemental to and amendatory of that Act (43 
     U.S.C. 371 et seq.)).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary to 
     the pay the Federal share of the costs of activities 
     authorized under this Act $25,600,000.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1355), as amended, was read the third time and passed.

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