[Congressional Record Volume 152, Number 121 (Monday, September 25, 2006)]
[House]
[Pages H6940-H6941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1430
OREGON WATER RESOURCES MANAGEMENT ACT OF 2006
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5079) to provide for the modification of an amendatory repayment
contract between the Secretary of the Interior and the North Unit
Irrigation District, and for other purposes, as amended.
The Clerk read as follows:
H.R. 5079
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 ``Oregon Water Resources
Management Act of 2006''.
SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION
IN DESCHUTES RIVER CONSERVANCY.
Section 301 of the Oregon Resource Conservation Act of 1996
(division B of Public Law 104-208; 110 Stat. 3009-534) is
amended--
(1) in subsection (a)(1), by striking ``Deschutes River
Basin Working Group'' and inserting ``Deschutes River
Conservancy Working Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including
two from irrigated agriculture who actively farm more than
100 acres of irrigated land and are not irrigation district
managers and two from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final
period the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2006 through 2015'';
and
(4) in subsection (h), by inserting before the period at
the end the following: ``, and $2,000,000 for each of fiscal
years 2006 through 2015''.
SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT.
(a) Definitions.--In this section, the following
definitions apply:
(1) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated
December 2002, and on file with the Bureau of Reclamation.
(b) Authorization to Participate in Program.--
(1) 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.
(2) Conditions.--As a condition of providing funds under
paragraph (1), the Secretary shall ensure that--
(A) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the dam
safety program of the State of Oregon;
(B) the Associated Ditch Companies, Incorporated, agrees to
assume liability for any work performed, or supervised, with
Federal funds provided to it under this section; and
(C) the United States shall not be liable for damages of
any kind arising out of any act, omission, or occurrence
relating to a facility rehabilitated or constructed with
Federal funds provided under this section, both while and
after activities are conducted using Federal funds provided
under this section.
(3) Cost sharing.--
(A) In general.--The Federal share of the costs of
activities authorized under this section shall not exceed 50
percent.
(B) Exclusions from federal share.--There shall not be
credited against the Federal share of such costs--
(i) any expenditure by the Bonneville Power Administration
in the Wallowa River watershed; and
(ii) expenditures made by individual agricultural producers
in any Federal commodity or conservation program.
(4) Compliance with state law.--The Secretary, in carrying
out this section, shall comply with applicable Oregon State
water law.
(5) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this section.
(6) 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 section.
(c) Relationship to Other Law.--Activities funded under
this section 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.)).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to pay the Federal share
of the costs of activities authorized under this section,
$6,000,000.
(e) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this section.
SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER
RESOURCE STUDY.
(a) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the
Water for Irrigation, Streams and the Economy Project water
management feasibility study and environmental impact
statement in accordance with the ``Memorandum of Agreement
Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'',
dated July 2, 2004.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this section.
(2) Non-federal share.--
(A) In general.--The non-Federal share shall be 50 percent
of the total costs of the Bureau of Reclamation in carrying
out subsection (a).
(B) Form.--The non-Federal share required under
subparagraph (A) may be in the form of any in-kind services
that the Secretary of the Interior determines would
contribute substantially toward the conduct and completion of
the study and environmental impact statement required under
subsection (a).
(c) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this section.
SEC. 5. NORTH UNIT IRRIGATION DISTRICT.
(a) Short Title.--This section may be cited as the ``North
Unit Irrigation District Act of 2006''.
(b) Amendment.--The Act of August 10, 1954 (68 Stat. 679,
chapter 663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding
project authorizing legislation to the contrary, the Contract
is modified, without further action by the Secretary of the
Interior, to include the following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the
standards upon which the classification was made are
[[Page H6941]]
described in the document entitled ``Land Classification,
North Unit, Deschutes Project, 1953'' which is on file in the
office of the Regional Director, Bureau of Reclamation,
Boise, Idaho, and in the office of the District' and
inserting `The classified irrigable land within the project
comprises 58,902.8 irrigable acres, all of which are
authorized to receive irrigation water pursuant to water
rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time
so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the North Unit
Irrigation District Act of 2006, the annual installment for
each year, for the District, under the Contract, on account
of the District's construction charge obligation, shall be a
fixed and equal annual amount payable on June 30 the year
following the year for which it is applicable, such that the
District's total construction charge obligation shall be
completely paid by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held
by the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall
furnish to the United States certified copies of such decrees
and of all pertinent supporting records.' after `for that
purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the
Commissioner of Reclamation) may in the future renegotiate
with the District such terms of the Contract as the District
directors determine to be necessary, only upon the written
request of the District directors and the consent of the
Commissioner of Reclamation.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentlewoman from Guam (Ms. Bordallo) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
H.R. 5079, the Oregon Water Resources Management Act of 2006, is
sponsored by Congressman Greg Walden. It incorporates language from
H.R. 5019, S. 166, and S. 251. Each of the bills deals with Oregon
water resource management issues. They all have bipartisan support from
the Oregon delegation and during the 108th and 109th Congresses had
been vetted through the committee hearing process on both the House and
Senate sides.
I urge my colleagues to support this bill, which will result in
better management of Oregon's water resources.
Mr. Speaker, I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
(Ms. BORDALLO asked and was given permission to revise and extend her
remarks.)
Ms. BORDALLO. Mr. Speaker, H.R. 5079 includes a number of provisions
to improve water supplies and water management in the State of Oregon.
We have no objections to the consideration of this legislation today
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. RENZI. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the bill, H.R. 5079, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to update
the management of Oregon water resources, and for other purposes.''.
A motion to reconsider was laid on the table.
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