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Full Text of this Amendment
SA 3577. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XI, add the following:
SEC. 11__X. 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)--
(A) by striking ``Deschutes River Basin Working Group'' and inserting ``Deschutes River Conservancy Working Group''; and
(B) by striking subparagraph (B) and inserting the following:
``(B) 4 representatives of private interests, including--
``(i) 2 representatives from irrigated agriculture who actively farm more than 100 acres of irrigated land and are not irrigation district managers; and
``(ii) 2 representatives from the environmental community;'';
(2) in subsection (b)(3), by inserting before the period at the end the following: ``, and up to a total amount of $2,000,000 during each of fiscal years 2007 through 2016''; and
(3) in subsection (h), by inserting before the period at the end the following: ``, and $2,000,000 for each of fiscal years 2007 through 2016''.
SEC. 11__X. WALLOWA LAKE DAM REHABILITATION.
(a) Definitions.--In this section:
(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 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) 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, during and after the period in which 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 those costs--
(i) any expenditure by the Bonneville Power Administration in the Wallowa River watershed; or
(ii) expenditures made by individual agricultural producers in any Federal commodity or conservation program.
(4) COMPLIANCE WITH STATE LAW.--In carrying out this section, the Secretary shall comply with applicable water laws of the State of Oregon.
(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 or maintenance of any facility constructed or rehabilitated under this section.
(c) Relationship to Other Law.--An activity funded under this section shall not be considered to be a supplemental or additional benefit under the Federal reclamation laws.
(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $6,000,000 to pay the Federal share of the costs of activities authorized under this section.
(e) Sunset.--The authority of the Secretary to carry out this section terminates on the date that is 10 years after the date of enactment of this Act.
SEC. 11__X. 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 of an activity carried out under subsection (a) shall be 50 percent of the total cost to the Bureau of Reclamation of carrying out the activity.
(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 this section terminates on the date that is 10 years after the date of enactment of this Act.
SEC. 11__X. NORTH UNIT IRRIGATION DISTRICT.
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 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 Food and Energy Security Act of 2007, 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.''.
SEC. 11__X. TUMALO WATER CONSERVATION PROJECT.
(a) Definitions.--In this section:
(1) DISTRICT.--The term ``District'' means the Tumalo Irrigation District, Oregon.
(2) PROJECT.--The term ``Project'' means the Tumalo Irrigation District Water Conservation Project authorized under section 3(a).
(3) SECRETARY.--The term ``Secretary'' means the Secretary of the Interior.
(b) Authorization to Plan, Design and Construct the Tumalo Water Conservation Project.--
(1) AUTHORIZATION.--The Secretary, in cooperation with the District--
(A) may participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project, shall take into account any appropriate studies and reports prepared by the District.
(2) COST-SHARING REQUIREMENT.--
(A) FEDERAL SHARE.--The Federal share of the total cost of the Project shall be 25 percent, which shall be nonreimbursable to the United States.
(B) CREDIT TOWARD NON-FEDERAL SHARE.--The Secretary shall credit toward the non-Federal share of the Project any amounts that the District provides toward the design, planning, and construction before the date of enactment of this Act.
(3) TITLE.--The District shall hold title to any facilities constructed under this section.
(4) OPERATION AND MAINTENANCE COSTS.--The District shall pay the operation and maintenance costs of the Project.
(5) EFFECT.--Any assistance provided under this section shall not be considered to be 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.).
(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for the Federal share of the cost of the Project $4,000,000.
(d) Termination of Authority.--The authority of the Secretary to carry out this section terminates on the date that is 10 years after the date of enactment of this Act.
(As printed in the Congressional Record for the Senate on Nov 8, 2007.)
At the end of subtitle B of title XI, add the following:
SEC. 11__X. 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)--
(A) by striking ``Deschutes River Basin Working Group'' and inserting ``Deschutes River Conservancy Working Group''; and
(B) by striking subparagraph (B) and inserting the following:
``(B) 4 representatives of private interests, including--
``(i) 2 representatives from irrigated agriculture who actively farm more than 100 acres of irrigated land and are not irrigation district managers; and
``(ii) 2 representatives from the environmental community;'';
(2) in subsection (b)(3), by inserting before the period at the end the following: ``, and up to a total amount of $2,000,000 during each of fiscal years 2007 through 2016''; and
(3) in subsection (h), by inserting before the period at the end the following: ``, and $2,000,000 for each of fiscal years 2007 through 2016''.
SEC. 11__X. WALLOWA LAKE DAM REHABILITATION.
(a) Definitions.--In this section:
(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 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) 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, during and after the period in which 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 those costs--
(i) any expenditure by the Bonneville Power Administration in the Wallowa River watershed; or
(ii) expenditures made by individual agricultural producers in any Federal commodity or conservation program.
(4) COMPLIANCE WITH STATE LAW.--In carrying out this section, the Secretary shall comply with applicable water laws of the State of Oregon.
(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 or maintenance of any facility constructed or rehabilitated under this section.
(c) Relationship to Other Law.--An activity funded under this section shall not be considered to be a supplemental or additional benefit under the Federal reclamation laws.
(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $6,000,000 to pay the Federal share of the costs of activities authorized under this section.
(e) Sunset.--The authority of the Secretary to carry out this section terminates on the date that is 10 years after the date of enactment of this Act.
SEC. 11__X. 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 of an activity carried out under subsection (a) shall be 50 percent of the total cost to the Bureau of Reclamation of carrying out the activity.
(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 this section terminates on the date that is 10 years after the date of enactment of this Act.
SEC. 11__X. NORTH UNIT IRRIGATION DISTRICT.
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 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 Food and Energy Security Act of 2007, 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.''.
SEC. 11__X. TUMALO WATER CONSERVATION PROJECT.
(a) Definitions.--In this section:
(1) DISTRICT.--The term ``District'' means the Tumalo Irrigation District, Oregon.
(2) PROJECT.--The term ``Project'' means the Tumalo Irrigation District Water Conservation Project authorized under section 3(a).
(3) SECRETARY.--The term ``Secretary'' means the Secretary of the Interior.
(b) Authorization to Plan, Design and Construct the Tumalo Water Conservation Project.--
(1) AUTHORIZATION.--The Secretary, in cooperation with the District--
(A) may participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project, shall take into account any appropriate studies and reports prepared by the District.
(2) COST-SHARING REQUIREMENT.--
(A) FEDERAL SHARE.--The Federal share of the total cost of the Project shall be 25 percent, which shall be nonreimbursable to the United States.
(B) CREDIT TOWARD NON-FEDERAL SHARE.--The Secretary shall credit toward the non-Federal share of the Project any amounts that the District provides toward the design, planning, and construction before the date of enactment of this Act.
(3) TITLE.--The District shall hold title to any facilities constructed under this section.
(4) OPERATION AND MAINTENANCE COSTS.--The District shall pay the operation and maintenance costs of the Project.
(5) EFFECT.--Any assistance provided under this section shall not be considered to be 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.).
(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for the Federal share of the cost of the Project $4,000,000.
(d) Termination of Authority.--The authority of the Secretary to carry out this section terminates on the date that is 10 years after the date of enactment of this Act.
(As printed in the Congressional Record for the Senate on Nov 8, 2007.)
