To authorize the Secretary of the Interior to assist in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon.

July 22, 2004

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To authorize the Secretary of the Interior to assist in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon.

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 `Tumalo Water Conservation Project Act of 2004'.

SEC. 2. DEFINITIONS.

In this Act:

(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.

SEC. 3. AUTHORIZATION TO PLAN, DESIGN AND CONSTRUCT THE TUMALO WATER CONSERVATION PROJECT.

(a) AUTHORIZATION- The Secretary, in cooperation with the District--

(1) may participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; and

(2) for purposes of planning and designing the Project, shall take into account any appropriate studies and reports prepared by the District.

(b) COST-SHARING REQUIREMENT-

(1) FEDERAL SHARE- The Federal share of the total cost of the Project shall be 50 percent, which shall be nonreimbursable to the United States.

(2) CREDIT TOWARD NON-FEDERAL SHARE- The Secretary shall credit toward the non-Federal share of the Project--

(A) any amounts that the District provides toward the design, planning, and construction before the date of enactment of this Act; and

(B) an amount equal to--

(i) the value of any water converted by the Project to instream water rights, as determined in accordance with State law; plus

(ii) the value of the annual District assessment and headgate fee that the District foregoes as a result of the activities carried out under the Project for the 20-year period beginning on the date on which construction of the Project is completed.

(c) TITLE- The District shall hold title to any facilities constructed under this Act.

(d) OPERATION AND MAINTENANCE COSTS- The District shall pay the operation and maintenance costs of the Project.

(e) EFFECT- Any assistance provided under this Act 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.).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to pay the Federal share of the cost of the Project $14,000,000.

END