[Congressional Record Volume 162, Number 19 (Tuesday, February 2, 2016)]
[Senate]
[Pages S493-S498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3190. Ms. CANTWELL (for herself and Mrs. Murray) submitted an
amendment intended to be proposed to
[[Page S494]]
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:
At the end, add the following:
TITLE VI--YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Yakima River Basin Water
Enhancement Project Phase III Act of 2016''.
SEC. 6002. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.
(a) Modification of Terms.--Title XII of Public Law 103-434
(108 Stat. 4550) is amended--
(1) by striking ``Yakama Indian'' each place it appears
(except section 1204(g)) and inserting ``Yakama''; and
(2) by striking ``Superintendent'' each place it appears
and inserting ``Manager''.
(b) Modification of Purposes.--Section 1201 of Public Law
103-434 (108 Stat. 4550) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to protect, mitigate, and enhance fish and wildlife
and the recovery and maintenance of self-sustaining
harvestable populations of fish and other aquatic life, both
anadromous and resident species, throughout their historic
distribution range in the Yakima Basin through--
``(A) improved water management and the constructions of
fish passage at storage and diversion dams, as authorized
under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et
seq.);
``(B) improved instream flows and water supplies;
``(C) improved water quality, watershed, and ecosystem
function;
``(D) protection, creation, and enhancement of wetlands;
and
``(E) other appropriate means of habitat improvement;'';
(2) in paragraph (2), by inserting ``, municipal,
industrial, and domestic water supply and use purposes,
especially during drought years, including reducing the
frequency and severity of water supply shortages for pro-
ratable irrigation entities'' before the semicolon at the
end;
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) to authorize the Secretary to make water available
for purchase or lease for meeting municipal, industrial, and
domestic water supply purposes;'';
(6) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (8), respectively;
(7) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) to realize sufficient water savings from implementing
the Yakima River Basin Integrated Water Resource Management
Plan, so that not less than 85,000 acre feet of water savings
are achieved by implementing the first phase of the
Integrated Plan pursuant to section 1213(a), in addition to
the 165,000 acre feet of water savings targeted through the
Basin Conservation Program, as authorized on October 31,
1994;'';
(8) in paragraph (6) (as so redesignated)--
(A) by inserting ``an increase in'' before ``voluntary'';
and
(B) by striking ``and'' at the end;
(9) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) to encourage an increase in the use of, and reduce
the barriers to, water transfers, leasing, markets, and other
voluntary transactions among public and private entities to
enhance water management in the Yakima River basin;'';
(10) in paragraph (8) (as redesignated by paragraph (6)),
by striking the period at the end and inserting a semicolon;
and
(11) by adding at the end the following:
``(9) to improve the resilience of the ecosystems,
economies, and communities in the Basin as they face drought,
hydrologic changes, and other related changes and variability
in natural and human systems, for the benefit of both the
people and the fish and wildlife of the region; and
``(10) to authorize and implement the Yakima River Basin
Integrated Water Resource Management Plan as Phase III of the
Yakima River Basin Water Enhancement Project, as a balanced
and cost-effective approach to maximize benefits to the
communities and environment in the Basin.''.
(c) Modification of Definitions.--Section 1202 of Public
Law 103-434 (108 Stat. 4550) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), (13), and (14) as paragraphs (8), (10), (11),
(13), (14), (15), (16), (18), and (19), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Designated federal official.--The term `designated
Federal official' means the Commissioner of Reclamation (or a
designee), acting pursuant to the charter of the Conservation
Advisory Group.
``(7) Integrated plan.--The terms `Integrated Plan' and
`Yakima River Basin Integrated Water Resource Plan' mean the
plan and activities authorized by the Yakima River Basin
Water Enhancement Project Phase III Act of 2016 and the
amendments made by that Act, to be carried out in cooperation
with and in addition to activities of the State of Washington
and Yakama Nation.'';
(3) by inserting after paragraph (8) (as redesignated by
paragraph (1)) the following:
``(9) Municipal, industrial, and domestic water supply and
use.--The term `municipal, industrial, and domestic water
supply and use' means the supply and use of water for--
``(A) domestic consumption (whether urban or rural);
``(B) maintenance and protection of public health and
safety;
``(C) manufacture, fabrication, processing, assembly, or
other production of a good or commodity;
``(D) production of energy;
``(E) fish hatcheries; or
``(F) water conservation activities relating to a use
described in subparagraphs (A) through (E).'';
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Proratable irrigation entity.--The term `proratable
irrigation entity' means a district, project, or State-
recognized authority, board of control, agency, or entity
located in the Yakima River basin that--
``(A) manages and delivers irrigation water to farms in the
basin; and
``(B) possesses, or the members of which possess, water
rights that are proratable during periods of water
shortage.''; and
(5) by inserting after paragraph (16) (as redesignated by
paragraph (1)) the following:
``(17) Yakima enhancement project; yakima river basin water
enhancement project.--The terms `Yakima Enhancement Project'
and `Yakima River Basin Water Enhancement Project' mean the
Yakima River basin water enhancement project authorized by
Congress pursuant to this Act and other Acts (including
Public Law 96-162 (93 Stat. 1241), section 109 of Public Law
98-381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-
62 (111 Stat. 1320), and Public Law 106-372 (114 Stat. 1425))
to promote water conservation, water supply, habitat, and
stream enhancement improvements in the Yakima River basin.''.
SEC. 6003. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
Section 1203 of Public Law 103-434 (108 Stat. 4551) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking ``title'' and
inserting ``section''; and
(ii) in the third sentence, by striking ``within 5 years of
the date of enactment of this Act''; and
(B) in paragraph (2), by striking ``irrigation'' and
inserting ``the number of irrigated acres'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in each of subparagraphs (A) through (D), by striking
the comma at the end and inserting a semicolon;
(ii) in subparagraph (E), by striking the comma at the end
and inserting ``; and'';
(iii) in subparagraph (F), by striking ``Department of
Wildlife of the State of Washington, and'' and inserting
``Department of Fish and Wildlife of the State of
Washington.''; and
(iv) by striking subparagraph (G);
(B) in paragraph (3)--
(i) in each of subparagraphs (A) through (C), by striking
the comma at the end and inserting a semicolon;
(ii) in subparagraph (D), by striking ``, and'' and
inserting a semicolon;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) provide recommendations to advance the purposes and
programs of the Yakima Enhancement Project, including the
Integrated Plan.''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Authority of designated federal official.--The
designated Federal official may--
``(A) arrange and provide logistical support for meetings
of the Conservation Advisory Group;
``(B) use a facilitator to serve as a moderator for
meetings of the Conservation Advisory Group or provide
additional logistical support; and
``(C) grant any request for a facilitator by any member of
the Conservation Advisory Group.'';
(3) in subsection (d), by adding at the end the following:
``(4) Payment of local share by state or federal
government.--
``(A) In general.--The State or the Federal Government may
fund not more than the 17.5 percent local share of the costs
of the Basin Conservation Program in exchange for the long-
term use of conserved water, subject to the requirement that
the funding by the Federal Government of the local share of
the costs shall provide a quantifiable public benefit in
meeting Federal responsibilities in the Basin and the
purposes of this title.
``(B) Use of conserved water.--The Yakima Project Manager
may use water resulting from conservation measures taken
under this title, in addition to water that the Bureau of
Reclamation may acquire from any willing seller through
purchase, donation, or lease, for water management uses
pursuant to this title.'';
(4) in subsection (e), by striking the first sentence and
inserting the following: ``To
[[Page S495]]
participate in the Basin Conservation Program, as described
in subsection (b), an entity shall submit to the Secretary a
proposed water conservation plan.'';
(5) in subsection (i)(3)--
(A) by striking ``purchase or lease'' each place it appears
and inserting ``purchase, lease, or management''; and
(B) in the third sentence, by striking ``made immediately
upon availability'' and all that follows through
``Committee'' and inserting ``continued as needed to provide
water to be used by the Yakima Project Manager as recommended
by the System Operations Advisory Committee and the
Conservation Advisory Group''; and
(6) in subsection (j)(4), in the first sentence, by
striking ``initial acquisition'' and all that follows through
``flushing flows'' and inserting ``acquisition of water from
willing sellers or lessors specifically to provide improved
instream flows for anadromous and resident fish and other
aquatic life, including pulse flows to facilitate outward
migration of anadromous fish''.
SEC. 6004. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND
AUTHORIZATIONS.
(a) Yakama Nation Projects.--Section 1204 of Public Law
103-434 (108 Stat. 4555) is amended--
(1) in subsection (a)(2), in the first sentence, by
striking ``not more than $23,000,000'' and inserting ``not
more than $100,000,000''; and
(2) in subsection (g)--
(A) by striking the subsection heading and inserting
``Redesignation of Yakama Indian Nation to Yakama Nation.--
'';
(B) by striking paragraph (1) and inserting the following:
``(1) Redesignation.--The Confederated Tribes and Bands of
the Yakama Indian Nation shall be known and designated as the
`Confederated Tribes and Bands of the Yakama Nation'.''; and
(C) in paragraph (2), by striking ``deemed to be a
reference to the `Confederated Tribes and Bands of the Yakama
Indian Nation'.'' and inserting ``deemed to be a reference to
the `Confederated Tribes and Bands of the Yakama Nation'.''.
(b) Operation of Yakima Basin Projects.--Section 1205 of
Public Law 103-434 (108 Stat. 4557) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``additional'' after ``secure'';
(bb) by striking ``flushing'' and inserting ``pulse''; and
(cc) by striking ``uses'' and inserting ``uses, in addition
to the quantity of water provided under the treaty between
the Yakama Nation and the United States'';
(II) by striking clause (ii);
(III) by redesignating clause (iii) as clause (ii); and
(IV) in clause (ii) (as so redesignated) by inserting ``and
water rights mandated'' after ``goals''; and
(ii) in subparagraph (B)(i), in the first sentence, by
inserting ``in proportion to the funding received'' after
``Program'';
(2) in subsection (b) (as amended by section 6002(a)(2)),
in the second sentence, by striking ``instream flows for use
by the Yakima Project Manager as flushing flows or as
otherwise'' and inserting ``fishery purposes, as''; and
(3) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--Additional purposes of the Yakima
Project shall be any of the following:
``(A) To recover and maintain self-sustaining harvestable
populations of native fish, both anadromous and resident
species, throughout their historic distribution range in the
Yakima Basin.
``(B) To protect, mitigate, and enhance aquatic life and
wildlife.
``(C) Recreation.
``(D) Municipal, industrial, and domestic use.''.
(c) Lake Cle Elum Authorization of Appropriations.--Section
1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is
amended, in the matter preceding subparagraph (A), by
striking ``at September'' and all that follows through ``to--
'' and inserting ``not more than $12,000,000 to--''.
(d) Enhancement of Water Supplies for Yakima Basin
Tributaries.--Section 1207 of Public Law 103-434 (108 Stat.
4560) is amended--
(1) in the heading, by striking ``supplies'' and inserting
``management'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``supplies'' and inserting ``management'';
(B) in paragraph (1), by inserting ``and water supply
entities'' after ``owners''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``that choose not to
participate or opt out of tributary enhancement projects
pursuant to this section'' after ``water right owners''; and
(ii) in subparagraph (B), by inserting ``nonparticipating''
before ``tributary water users'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking the paragraph designation and all that
follows through ``(but not limited to)--'' and inserting the
following:
``(1) In general.--The Secretary, following consultation
with the State of Washington, tributary water right owners,
and the Yakama Nation, and on agreement of appropriate water
right owners, is authorized to conduct studies to evaluate
measures to further Yakima Project purposes on tributaries to
the Yakima River. Enhancement programs that use measures
authorized by this subsection may be investigated and
implemented by the Secretary in tributaries to the Yakima
River, including Taneum Creek, other areas, or tributary
basins that currently or could potentially be provided
supplemental or transfer water by entities, such as the
Kittitas Reclamation District or the Yakima-Tieton Irrigation
District, subject to the condition that activities may
commence on completion of applicable and required feasibility
studies, environmental reviews, and cost-benefit analyses
that include favorable recommendations for further project
development, as appropriate. Measures to evaluate include--
'';
(ii) by indenting subparagraphs (A) through (F)
appropriately;
(iii) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including irrigation
efficiency improvements (in coordination with programs of the
Department of Agriculture), consolidation of diversions or
administration, and diversion scheduling or coordination'';
(iv) by redesignating subparagraphs (C) through (F) as
subparagraphs (E) through (H), respectively;
(v) by inserting after subparagraph (B) the following:
``(C) improvements in irrigation system management or
delivery facilities within the Yakima River basin when those
improvements allow for increased irrigation system conveyance
and corresponding reduction in diversion from tributaries or
flow enhancements to tributaries through direct flow
supplementation or groundwater recharge;
``(D) improvements of irrigation system management or
delivery facilities to reduce or eliminate excessively high
flows caused by the use of natural streams for conveyance or
irrigation water or return water;'';
(vi) in subparagraph (E) (as redesignated by clause (iv)),
by striking ``ground water'' and inserting ``groundwater
recharge and'';
(vii) in subparagraph (G) (as redesignated by clause (iv)),
by inserting ``or transfer'' after ``purchase''; and
(viii) in subparagraph (H) (as redesignated by clause
(iv)), by inserting ``stream processes and'' before ``stream
habitats'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``the Taneum Creek study'' and inserting ``studies under this
subsection'';
(ii) in subparagraph (B)--
(I) by striking ``and economic'' and inserting ``,
infrastructure, economic, and land use''; and
(II) by striking ``and'' at the end;
(iii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) any related studies already underway or
undertaken.''; and
(C) in paragraph (3), in the first sentence, by inserting
``of each tributary or group of tributaries'' after
``study'';
(4) in subsection (c)--
(A) in the heading, by inserting ``and nonsurface storage''
after ``nonstorage''; and
(B) in the matter preceding paragraph (1), by inserting
``and nonsurface storage'' after ``nonstorage'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (2) of subsection (d) (as so
redesignated)--
(A) in the first sentence--
(i) by inserting ``and implementation'' after
``investigation'';
(ii) by striking ``other'' before ``Yakima River''; and
(iii) by inserting ``and other water supply entities''
after ``owners''; and
(B) by striking the second sentence.
(e) Chandler Pumping Plant and Powerplant-operations at
Prosser Diversion Dam.--Section 1208(d) of Public Law 103-434
(108 Stat. 4562; 114 Stat. 1425) is amended by inserting
``negatively'' before ``affected''.
(f) Interim Comprehensive Basin Operating Plan.--Section
1210(c) of Public Law 103-434 (108 Stat. 4564) is amended by
striking ``$100,000'' and inserting ``$200,000''.
(g) Environmental Compliance.--Section 1211 of Public Law
103-434 (108 Stat. 4564) is amended by striking
``$2,000,000'' and inserting ``$5,000,000''.
SEC. 6005. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN
WATER ENHANCEMENT PROJECT.
Title XII of Public Law 103-434 (108 Stat. 4550) is amended
by adding at the end the following:
``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE
III OF YAKIMA RIVER BASIN WATER ENHANCEMENT
PROJECT.
``(a) Integrated Plan.--
``(1) In general.--The Secretary shall implement the
Integrated Plan as Phase III of the Yakima River Basin Water
Enhancement Project in accordance with this section and
applicable laws.
``(2) Initial development phase of the integrated plan.--
``(A) In general.--The Secretary, in coordination with the
State of Washington and Yakama Nation and subject to
feasibility studies, environmental reviews, and the
availability of appropriations, shall implement an initial
development phase of the Integrated Plan, to--
``(i) complete the planning, design, and construction or
development of upstream
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and downstream fish passage facilities, as previously
authorized by the Hoover Power Plant Act of 1984 (43 U.S.C.
619 et seq.) at Cle Elum Reservoir and another Yakima Project
reservoir identified by the Secretary as consistent with the
Integrated Plan, subject to the condition that, if the Yakima
Project reservoir identified by the Secretary contains a
hydropower project licensed by the Federal Energy Regulatory
Commission, the Secretary shall cooperate with the Federal
Energy Regulatory Commission in a timely manner to ensure
that actions taken by the Secretary are consistent with the
applicable hydropower project license;
``(ii) negotiate long-term agreements with participating
proratable irrigation entities in the Yakima Basin and,
acting through the Bureau of Reclamation, coordinate between
Bureaus of the Department of the Interior and with the heads
of other Federal agencies to negotiate agreements concerning
leases, easements, and rights-of-way on Federal land, and
other terms and conditions determined to be necessary to
allow for the non-Federal financing, construction, operation,
and maintenance of--
``(I) new facilities needed to access and deliver inactive
storage in Lake Kachess for the purpose of providing drought
relief for irrigation (known as the `Kachess Drought Relief
Pumping Plant'); and
``(II) a conveyance system to allow transfer of water
between Keechelus Reservoir to Kachess Reservoir for purposes
of improving operational flexibility for the benefit of both
fish and irrigation (known as the `K to K Pipeline');
``(iii) participate in, provide funding for, and accept
non-Federal financing for--
``(I) water conservation projects, not subject to the
provisions of the Basin Conservation Program described in
section 1203, that are intended to partially implement the
Integrated Plan by providing 85,000 acre-feet of conserved
water to improve tributary and mainstem stream flow; and
``(II) aquifer storage and recovery projects;
``(iv) study, evaluate, and conduct feasibility analyses
and environmental reviews of fish passage, water supply
(including groundwater and surface water storage),
conservation, habitat restoration projects, and other
alternatives identified as consistent with the purposes of
this Act, for the initial and future phases of the Integrated
Plan;
``(v) coordinate with and assist the State of Washington in
implementing a robust water market to enhance water
management in the Yakima River basin, including--
``(I) assisting in identifying ways to encourage and
increase the use of, and reduce the barriers to, water
transfers, leasing, markets, and other voluntary transactions
among public and private entities in the Yakima River basin;
``(II) providing technical assistance, including scientific
data and market information; and
``(III) negotiating agreements that would facilitate
voluntary water transfers between entities, including as
appropriate, the use of federally managed infrastructure; and
``(vi) enter into cooperative agreements with, or, subject
to a minimum non-Federal cost-sharing requirement of 50
percent, make grants to, the Yakama Nation, the State of
Washington, Yakima River basin irrigation districts, water
districts, conservation districts, other local governmental
entities, nonprofit organizations, and land owners to carry
out this title under such terms and conditions as the
Secretary may require, including the following purposes:
``(I) Land and water transfers, leases, and acquisitions
from willing participants, so long as the acquiring entity
shall hold title and be responsible for any and all required
operations, maintenance, and management of that land and
water.
``(II) To combine or relocate diversion points, remove fish
barriers, or for other activities that increase flows or
improve habitat in the Yakima River and its tributaries in
furtherance of this title.
``(III) To implement, in partnership with Federal and non-
Federal entities, projects to enhance the health and
resilience of the watershed.
``(B) Commencement date.--The Secretary shall commence
implementation of the activities included under the initial
development phase pursuant to this paragraph--
``(i) on the date of enactment of this section; and
``(ii) on completion of applicable feasibility studies,
environmental reviews, and cost-benefit analyses that include
favorable recommendations for further project development.
``(3) Intermediate and final phases.--
``(A) In general.--The Secretary, in coordination with the
State of Washington and in consultation with the Yakama
Nation, shall develop plans for intermediate and final
development phases of the Integrated Plan to achieve the
purposes of this Act, including conducting applicable
feasibility studies, environmental reviews, and other
relevant studies needed to develop the plans.
``(B) Intermediate phase.--The Secretary shall develop an
intermediate development phase to implement the Integrated
Plan that, subject to authorization and appropriation, would
commence not later than 10 years after the date of enactment
of this section.
``(C) Final phase.--The Secretary shall develop a final
development phase to implement the Integrated Plan that,
subject to authorization and appropriation, would commence
not later than 20 years after the date of enactment of this
section.
``(4) Contingencies.--The implementation by the Secretary
of projects and activities identified for implementation
under the Integrated Plan shall be--
``(A) subject to authorization and appropriation;
``(B) contingent on the completion of applicable
feasibility studies, environmental reviews, and cost-benefit
analyses that include favorable recommendations for further
project development;
``(C) implemented on public review and a determination by
the Secretary that design, construction, and operation of a
proposed project or activity is in the best interest of the
public; and
``(D) in compliance with all applicable laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq).
``(5) Progress report.--
``(A) In general.--Not later than 5 years after the date of
enactment of this section, the Secretary, in conjunction with
the State of Washington and in consultation with the Yakama
Nation, shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a progress report
on the development and implementation of the Integrated Plan.
``(B) Requirements.--The progress report under this
paragraph shall--
``(i) provide a review and reassessment, if needed, of the
objectives of the Integrated Plan, as applied to all elements
of the Integrated Plan;
``(ii) assess, through performance metrics developed at the
initiation of, and measured throughout the implementation of,
the Integrated Plan, the degree to which the implementation
of the initial development phase addresses the objectives and
all elements of the Integrated Plan;
``(iii) identify the amount of Federal funding and non-
Federal contributions received and expended during the period
covered by the report;
``(iv) describe the pace of project development during the
period covered by the report;
``(v) identify additional projects and activities proposed
for inclusion in any future phase of the Integrated Plan to
address the objectives of the Integrated Plan, as applied to
all elements of the Integrated Plan; and
``(vi) for water supply projects--
``(I) provide a preliminary discussion of the means by
which--
``(aa) water and costs associated with each recommended
project would be allocated among authorized uses; and
``(bb) those allocations would be consistent with the
objectives of the Integrated Plan; and
``(II) establish a plan for soliciting and formalizing
subscriptions among individuals and entities for
participation in any of the recommended water supply projects
that will establish the terms for participation, including
fiscal obligations associated with subscription.
``(b) Financing, Construction, Operation, and Maintenance
of Kachess Drought Relief Pumping Plant and K to K
Pipeline.--
``(1) Agreements.--Long-term agreements negotiated between
the Secretary and participating proratable irrigation
entities in the Yakima Basin for the non-Federal financing,
construction, operation, and maintenance of the Drought
Relief Pumping Plant and K to K Pipeline shall include
provisions regarding--
``(A) responsibilities of the participating proratable
irrigation entities for the planning, design, and
construction of infrastructure in consultation and
coordination with the Secretary;
``(B) property titles and responsibilities of the
participating proratable irrigation entities for the
maintenance of and liability for all infrastructure
constructed under this title;
``(C) operation and integration of the projects by the
Secretary in the operation of the Yakima Project;
``(D) costs associated with the design, financing,
construction, operation, maintenance, and mitigation of
projects, with the costs of Federal oversight and review to
be nonreimbursable to the participating proratable irrigation
entities and the Yakima Project; and
``(E) responsibilities for the pumping and operational
costs necessary to provide the total water supply available
made inaccessible due to drought pumping during the preceding
1 or more calendar years, in the event that the Kachess
Reservoir fails to refill as a result of pumping drought
storage water during the preceding 1 or more calendar years,
which shall remain the responsibility of the participating
proratable irrigation entities.
``(2) Use of kachess reservoir stored water.--
``(A) In general.--The additional stored water made
available by the construction of facilities to access and
deliver inactive storage in Kachess Reservoir under
subsection (a)(2)(A)(ii)(I) shall--
``(i) be considered to be Yakima Project water;
``(ii) not be part of the total water supply available, as
that term is defined in various court rulings; and
``(iii) be used exclusively by the Secretary--
``(I) to enhance the water supply in years when the total
water supply available is not sufficient to provide 70
percent of proratable
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entitlements in order to make that additional water available
up to 70 percent of proratable entitlements to the Kittitas
Reclamation District, the Roza Irrigation District, or other
proratable irrigation entities participating in the
construction, operation, and maintenance costs of the
facilities under this title under such terms and conditions
to which the districts may agree, subject to the conditions
that--
``(aa) the Bureau of Indian Affairs, the Wapato Irrigation
Project, and the Yakama Nation, on an election to
participate, may also obtain water from Kachess Reservoir
inactive storage to enhance applicable existing irrigation
water supply in accordance with such terms and conditions to
which the Bureau of Indian Affairs and the Yakama Nation may
agree; and
``(bb) the additional supply made available under this
clause shall be available to participating individuals and
entities in proportion to the proratable entitlements of the
participating individuals and entities, or in such other
proportion as the participating entities may agree; and
``(II) to facilitate reservoir operations in the reach of
the Yakima River between Keechelus Dam and Easton Dam for the
propagation of anadromous fish.
``(B) Effect of paragraph.--Nothing in this paragraph
affects (as in existence on the date of enactment of this
section) any contract, law (including regulations) relating
to repayment costs, water right, or Yakama Nation treaty
right.
``(3) Commencement.--The Secretary shall not commence
entering into agreements pursuant to subsection (a)(2)(A)(ii)
or subsection (b)(1) or implementing any activities pursuant
to the agreements before the date on which--
``(A) all applicable and required feasibility studies,
environmental reviews, and cost-benefit analyses have been
completed and include favorable recommendations for further
project development, including an analysis of--
``(i) the impacts of the agreements and activities
conducted pursuant to subsection (a)(2)(A)(ii) on adjacent
communities, including potential fire hazards, water access
for fire districts, community and homeowner wells, future
water levels based on projected usage, recreational values,
and property values; and
``(ii) specific options and measures for mitigating the
impacts, as appropriate;
``(B) the Secretary has made the agreements and any
applicable project designs, operations plans, and other
documents available for public review and comment in the
Federal Register for a period of not less than 60 days; and
``(C) the Secretary has made a determination, consistent
with applicable law, that the agreements and activities to
which the agreements relate--
``(i) are in the public interest; and
``(ii) could be implemented without significant adverse
impacts to the environment.
``(4) Electrical power associated with kachess drought
relief pumping plant.--
``(A) In general.--The Administrator of the Bonneville
Power Administration, pursuant to the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C. 839
et seq.), shall provide to the Secretary project power to
operate the Kachess Pumping Plant constructed under this
title if inactive storage in Kachess Reservoir is needed to
provide drought relief for irrigation, subject to the
requirements of subparagraphs (B) and (C).
``(B) Determination.--Power may be provided under
subparagraph (A) only if--
``(i) there is in effect a drought declaration issued by
the State of Washington;
``(ii) there are conditions that have led to 70 percent or
less water delivery to proratable irrigation districts, as
determined by the Secretary; and
``(iii) the Secretary determines that it is appropriate to
provide power under that subparagraph.
``(C) Period of availability.--Power under subparagraph (A)
shall be provided until the date on which the Secretary
determines that power should no longer be provided under that
subparagraph, but for not more than a 1-year period or the
period during which the Secretary determines that drought
mitigation measures are necessary in the Yakima River basin.
``(D) Rate.--The Administrator of the Bonneville Power
Administration shall provide power under subparagraph (A) at
the then-applicable lowest Bonneville Power Administration
rate for public body, cooperative, and Federal agency
customers firm obligations, which as of the date of enactment
of this section is the priority firm Tier 1 rate, and shall
not include any irrigation discount.
``(E) Local provider.--During any period in which power is
not being provided under subparagraph (A), the power needed
to operate the Kachess Pumping Plant shall be obtained by the
Secretary from a local provider.
``(F) Costs.--The cost of power for such pumping, station
service power, and all costs of transmitting power from the
Federal Columbia River Power System to the Yakima Enhancement
Project pumping facilities shall be borne by irrigation
districts receiving the benefits of that water.
``(G) Duties of commissioner.--The Commissioner of
Reclamation shall be responsible for arranging transmission
for deliveries of Federal power over the Bonneville system
through applicable tariff and business practice processes of
the Bonneville system and for arranging transmission for
deliveries of power obtained from a local provider.
``(c) Design and Use of Groundwater Recharge Projects.--
``(1) In general.--Any water supply that results from an
aquifer storage and recovery project shall not be considered
to be a part of the total water supply available if--
``(A) the water for the aquifer storage and recovery
project would not be available for use, but instead for the
development of the project;
``(B) the aquifer storage and recovery project will not
otherwise impair any water supply available for any
individual or entity entitled to use the total water supply
available; and
``(C) the development of the aquifer storage and recovery
project will not impair fish or other aquatic life in any
localized stream reach.
``(2) Project types.--The Secretary may provide technical
assistance for, and participate in, any of the following 3
types of groundwater recharge projects (including the
incorporation of groundwater recharge projects into Yakima
Project operations, as appropriate):
``(A) Aquifer recharge projects designed to redistribute
Yakima Project water within a water year for the purposes of
supplementing stream flow during the irrigation season,
particularly during storage control, subject to the condition
that if such a project is designed to supplement a mainstem
reach, the water supply that results from the project shall
be credited to instream flow targets, in lieu of using the
total water supply available to meet those targets.
``(B) Aquifer storage and recovery projects that are
designed, within a given water year or over multiple water
years--
``(i) to supplement or mitigate for municipal uses;
``(ii) to supplement municipal supply in a subsurface
aquifer; or
``(iii) to mitigate the effect of groundwater use on
instream flow or senior water rights.
``(C) Aquifer storage and recovery projects designed to
supplement existing irrigation water supply, or to store
water in subsurface aquifers, for use by the Kittitas
Reclamation District, the Roza Irrigation District, or any
other proratable irrigation entity participating in the
repayment of the construction, operation, and maintenance
costs of the facilities under this section during years in
which the total water supply available is insufficient to
provide to those proratable irrigation entities all water to
which the entities are entitled, subject to the conditions
that--
``(i) the Bureau of Indian Affairs, the Wapato Irrigation
Project, and the Yakama Nation, on an election to
participate, may also obtain water from aquifer storage to
enhance applicable existing irrigation water supply in
accordance with such terms and conditions to which the Bureau
of Indian Affairs and the Yakama Nation may agree; and
``(ii) nothing in this subparagraph affects (as in
existence on the date of enactment of this section) any
contract, law (including regulations) relating to repayment
costs, water right, or Yakama Nation treaty right.
``(d) Federal Cost-share.--
``(1) In general.--The Federal cost-share of a project
carried out under this section shall be determined in
accordance with the applicable laws (including regulations)
and policies of the Bureau of Reclamation.
``(2) Initial phase.--The Federal cost-share for the
initial development phase of the Integrated Plan shall not
exceed 50 percent of the total cost of the initial
development phase.
``(3) State and other contributions.--The Secretary may
accept as part of the non-Federal cost-share of a project
carried out under this section, and expend as if
appropriated, any contribution (including in-kind services)
by the State of Washington or any other individual or entity
that the Secretary determines will enhance the conduct and
completion of the project.
``(4) Limitation on use of other federal funds.--Except as
otherwise provided in this title, other Federal funds may not
be used to provide the non-Federal cost-share of a project
carried out under this section.
``(e) Savings and Contingencies.--Nothing in this section
shall--
``(1) be a new or supplemental benefit for purposes of the
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
``(2) affect any contract in existence on the date of
enactment of the Yakima River Basin Water Enhancement Project
Phase III Act of 2016 that was executed pursuant to the
reclamation laws;
``(3) affect any contract or agreement between the Bureau
of Indian Affairs and the Bureau of Reclamation;
``(4) affect, waive, abrogate, diminish, define, or
interpret the treaty between the Yakama Nation and the United
States; or
``(5) constrain the continued authority of the Secretary to
provide fish passage in the Yakima Basin in accordance with
the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).
``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.
``The Secretary shall retain authority and discretion over
the management of project supplies to optimize operational
use and flexibility to ensure compliance with all applicable
Federal and State laws, treaty rights of the Yakama Nation,
and legal obligations, including those contained in this
[[Page S498]]
Act. That authority and discretion includes the ability of
the United States to store, deliver, conserve, and reuse
water supplies deriving from projects authorized under this
title.''.
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