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Full Text of this Amendment

SA 3579. 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:
(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.
(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.

(As printed in the Congressional Record for the Senate on Nov 8, 2007.)