,,ii ,calendar ,no4 #adc #aaeth ,,congress #ast ,session ,s4 #gad ,report ,no4 #aae-ajg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bc1 #bjag,ms4 ,cantwell 7for herself and ,mrs4 ,murray7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,june #ac1 #bjag,reported by ,ms4 ,murkowski1 without amendment ,a ,,bill ,to amend ,public ,law #ajc-dcd to authorize ,phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project for the purpose of improving water management in the ,yakima ,river basin1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjag4 #b4 ,modification of terms1 purposes1 and definitions 7a7 ,modification of terms ,title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by striking ,yakama ,indian each place it appears 7except section #abjd7;g77 and inserting ,yakama2 and 7#b7 by striking ,superintendent each place it appears and inserting ,manager4 7b7 ,modification of purposes ,section #abja of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 to protect1 mitigate1 and enhance fish and wildlife and the recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life1 both anadromous and resident species1 throughout their historic distribution range in the ,yakima ,basin through-- 7,a7 improved water management and the constructions of fish passage at storage and diversion dams1 as authorized under the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq472 7,b7 improved instream flows and water supplies2 7,c7 improved water quality1 watershed1 and ecosystem function2 7,d7 protection1 creation1 and enhancement of wetlands2 and 7,e7 other appropriate means of habitat improvement2 2 7#b7 in paragraph 7#b71 by inserting 1 municipal1 industrial1 and domestic water supply and use purposes1 especially during drought years1 including reducing the frequency and severity of water supply shortages for pro-ratable irrigation entities before the semicolon at the end2 7#c7 by striking paragraph 7#d72 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 to authorize the ,secretary to make water available for purchase or lease for meeting municipal1 industrial1 and domestic water supply purposes2 2 7#f7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#h71 respectively2 7#g7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 to realize sufficient water savings from implementing the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan1 so that not less than #he1jjj acre feet of water savings are achieved by implementing the first phase of the ,integrated ,plan pursuant to section #abac7;a71 in addition to the #afe1jjj acre feet of water savings targeted through the ,basin ,conservation ,program1 as authorized on ,october #ca1 #aiid2 2 7#h7 in paragraph 7#f7 7as so redesignated7-- 7,a7 by inserting an increase in before voluntary2 and 7,b7 by striking and at the end2 7#i7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 to encourage an increase in the use of1 and reduce the barriers to1 water transfers1 leasing1 markets1 and other voluntary transactions among public and private entities to enhance water management in the ,yakima ,river basin2 2 7#aj7 in paragraph 7#h7 7as redesignated by paragraph 7#f771 by striking the period at the end and inserting a semicolon2 and 7#aa7 by adding at the end the following3 7#i7 to improve the resilience of the ecosystems1 economies1 and communities in the ,basin as they face drought1 hydrologic changes1 and other related changes and variability in natural and human systems1 for the benefit of both the people and the fish and wildlife of the region2 and 7#aj7 to authorize and implement the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan as ,phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project1 as a balanced and cost-effective approach to maximize benefits to the communities and environment in the ,basin4 4 7c7 ,modification of definitions ,section #abjb of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by redesignating paragraphs 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad7 as paragraphs 7#h71 7#aj71 7#aa71 7#ac71 7#ad71 7#ae71 7#af71 7#ah71 and 7#ai71 respectively2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,designated ,federal official ,the term designated ,federal official means the ,commissioner of ,reclamation 7or a designee71 acting pursuant to the charter of the ,conservation ,advisory ,group4 7#g7 ,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 #bjag and the amendments made by that ,act1 to be carried out in cooperation with and in addition to activities of the ,state of ,washington and ,yakama ,nation4 2 7#c7 by inserting after paragraph 7#h7 7as redesignated by paragraph 7#a77 the following3 7#i7 ,municipal1 industrial1 and domestic water supply and use ,the term municipal1 industrial1 and domestic water supply and use means the supply and use of water for-- 7,a7 domestic consumption 7whether urban or rural72 7,b7 maintenance and protection of public health and safety2 7,c7 manufacture1 fabrication1 processing1 assembly1 or other production of a good or commodity2 7,d7 production of energy2 7,e7 fish hatcheries2 or 7,f7 water conservation activities relating to a use described in subparagraphs 7,a7 through 7,e74 2 7#d7 by inserting after paragraph 7#aa7 7as redesignated by paragraph 7#a77 the following3 7#ab7 ,proratable irrigation entity ,the term proratable irrigation entity means a district1 project1 or ,state-recognized authority1 board of control1 agency1 or entity located in the ,yakima ,river basin that-- 7,a7 manages and delivers irrigation water to farms in the basin2 and 7,b7 possesses1 or the members of which possess1 water rights that are proratable during periods of water shortage4 2 and 7#e7 by inserting after paragraph 7#af7 7as redesignated by paragraph 7#a77 the following3 7#ag7 ,yakima ,enhancement ,project2 ,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 7including ,public ,law #if-afb 7#ic ,stat4 #abda71 section #aji of ,public ,law #ih-cha 7#af ,u4,s4,c4 #hci;b note2 #ih ,stat4 #acdj71 ,public ,law #aje-fb 7#aaa ,stat4 #acbj71 and ,public ,law #ajf-cgb 7#aad ,stat4 #adbe77 to promote water conservation1 water supply1 habitat1 and stream enhancement improvements in the ,yakima ,river basin4 4 #c4 ,yakima ,river ,basin ,water ,conservation ,program ,section #abjc of ,public ,law #ajc-dcd 7#ajh ,stat4 #deea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the second sentence1 by striking title and inserting section2 and 7ii7 in the third sentence1 by striking within #e years of the date of enactment of this ,act2 and 7,b7 in paragraph 7#b71 by striking irrigation and inserting the number of irrigated acres2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in each of subparagraphs 7,a7 through 7,d71 by striking the comma at the end and inserting a semicolon2 7ii7 in subparagraph 7,e71 by striking the comma at the end and inserting 2 and2 7iii7 in subparagraph 7,f71 by striking ,department of ,wildlife of the ,state of ,washington1 and and inserting ,department of ,fish and ,wildlife of the ,state of ,washington42 and 7iv7 by striking subparagraph 7,g72 7,b7 in paragraph 7#c7-- 7i7 in each of subparagraphs 7,a7 through 7,c71 by striking the comma at the end and inserting a semicolon2 7ii7 in subparagraph 7,d71 by striking 1 and and inserting a semicolon2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,f7 provide recommendations to advance the purposes and programs of the ,yakima ,enhancement ,project1 including the ,integrated ,plan4 2 and 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,authority of designated ,federal official ,the designated ,federal official may-- 7,a7 arrange and provide logistical support for meetings of the ,conservation ,advisory ,group2 7,b7 use a facilitator to serve as a moderator for meetings of the ,conservation ,advisory ,group or provide additional logistical support2 and 7,c7 grant any request for a facilitator by any member of the ,conservation ,advisory ,group4 2 7#c7 in subsection 7d71 by adding at the end the following3 7#d7 ,payment of local share by ,state or ,federal ,government 7,a7 ,in general ,the ,state or the ,federal ,government may fund not more than the #ag4e percent local share of the costs of the ,basin ,conservation ,program in exchange for the long-term use of conserved water1 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 title4 7,b7 ,use of conserved water ,the ,yakima ,project ,manager may use water resulting from conservation measures taken under this title1 in addition to water that the ,bureau of ,reclamation may acquire from any willing seller through purchase1 donation1 or lease1 for water management uses pursuant to this title4 2 7#d7 in subsection 7e71 by striking the first sentence and inserting the following3 ,to participate in the ,basin ,conservation ,program1 as described in subsection 7b71 an entity shall submit to the ,secretary a proposed water conservation plan42 7#e7 in subsection 7i77#c7-- 7,a7 by striking purchase or lease each place it appears and inserting purchase1 lease1 or management2 and 7,b7 in the third sentence1 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 ,group2 and 7#f7 in subsection 7j77#d71 in the first sentence1 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 life1 including pulse flows to facilitate outward migration of anadromous fish4 #d4 ,yakima ,basin water projects1 operations1 and authorizations 7a7 ,yakama ,nation projects ,section #abjd of ,public ,law #ajc-dcd 7#ajh ,stat4 #deee7 is amended-- 7#a7 in subsection 7a77#b71 in the first sentence1 by striking not more than #bc1jjj1jjj and inserting not more than #ajj1jjj1jjj2 and 7#b7 in subsection 7g7-- 7,a7 by striking the subsection heading and inserting ,redesignation of ,yakama ,indian ,nation to ,yakama ,nation4--2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,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 ,nation4 2 and 7,c7 in paragraph 7#b71 by striking deemed to be a reference to the ,confederated ,tribes and ,bands of the ,yakama ,indian ,nation4 and inserting deemed to be a reference to the ,confederated ,tribes and ,bands of the ,yakama ,nation44 7b7 ,operation of ,yakima ,basin projects ,section #abje of ,public ,law #ajc-dcd 7#ajh ,stat4 #deeg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by inserting additional after secure2 7bb7 by striking flushing and inserting pulse2 and 7cc7 by striking uses and inserting uses1 in addition to the quantity of water provided under the treaty between the ,yakama ,nation and the ,united ,states2 7,,ii7 by striking clause 7ii72 7,,iii7 by redesignating clause 7iii7 as clause 7ii72 and 7,,iv7 in clause 7ii7 7as so redesignated7 by inserting and water rights mandated after goals2 and 7ii7 in subparagraph 7,b77i71 in the first sentence1 by inserting in proportion to the funding received after ,program2 7#b7 in subsection 7b71 in the second sentence1 by striking instream flows for use by the ,yakima ,project ,manager as flushing flows or as otherwise and inserting fishery purposes1 as2 and 7#c7 in subsection 7e71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,additional purposes of the ,yakima ,project shall be any of the following3 7,a7 ,to recover and maintain self-sustaining harvestable populations of native fish1 both anadromous and resident species1 throughout their historic distribution range in the ,yakima ,basin4 7,b7 ,to protect1 mitigate1 and enhance aquatic life and wildlife4 7,c7 ,recreation4 7,d7 ,municipal1 industrial1 and domestic use4 4 7c7 ,lake ,cle ,elum ,authorization of ,appropriations ,section #abjf7;a77#a7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj71 is amended1 in the matter preceding subparagraph 7,a71 by striking at ,september and all that follows through to-- and inserting not more than #ab1jjj1jjj to--4 7d7 ,enhancement of water supplies for ,yakima basin tributaries ,section #abjg of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj7 is amended-- 7#a7 in the heading1 by striking supplies and inserting management2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking supplies and inserting management2 7,b7 in paragraph 7#a71 by inserting and water supply entities after owners2 and 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting that choose not to participate or opt out of tributary enhancement projects pursuant to this section after water right owners2 and 7ii7 in subparagraph 7,b71 by inserting nonparticipating before tributary water users2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the paragraph designation and all that follows through 7but not limited to7-- and inserting the following3 7#a7 ,in general ,the ,secretary1 following consultation with the ,state of ,washington1 tributary water right owners1 and the ,yakama ,nation1 and on agreement of appropriate water right owners1 is authorized to conduct studies to evaluate measures to further ,yakima ,project purposes on tributaries to the ,yakima ,river4 ,enhancement programs that use measures authorized by this subsection may be investigated and implemented by the ,secretary in tributaries to the ,yakima ,river1 including ,taneum ,creek1 other areas1 or tributary basins that currently or could potentially be provided supplemental or transfer water by entities1 such as the ,kittitas ,reclamation ,district or the ,yakima-,tieton ,irrigation ,district1 subject to the condition that activities may commence on completion of applicable and required feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development1 as appropriate4 ,measures to evaluate include-- 2 7ii7 by indenting subparagraphs 7,a7 through 7,f7 appropriately2 7iii7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 1 including irrigation efficiency improvements 7in coordination with programs of the ,department of ,agriculture71 consolidation of diversions or administration1 and diversion scheduling or coordination2 7iv7 by redesignating subparagraphs 7,c7 through 7,f7 as subparagraphs 7,e7 through 7,h71 respectively2 7v7 by inserting after subparagraph 7,b7 the following3 7,c7 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 recharge2 7,d7 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 water2 2 7vi7 in subparagraph 7,e7 7as redesignated by clause 7iv771 by striking ground water and inserting groundwater recharge and2 7vii7 in subparagraph 7,g7 7as redesignated by clause 7iv771 by inserting or transfer after purchase2 and 7viii7 in subparagraph 7,h7 7as redesignated by clause 7iv771 by inserting stream processes and before stream habitats2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,taneum ,creek study and inserting studies under this subsection2 7ii7 in subparagraph 7,b7-- 7,i7 by striking and economic and inserting 1 infrastructure1 economic1 and land use2 and 7,,ii7 by striking and at the end2 7iii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,d7 any related studies already underway or undertaken4 2 and 7,c7 in paragraph 7#c71 in the first sentence1 by inserting of each tributary or group of tributaries after study2 7#d7 in subsection 7c7-- 7,a7 in the heading1 by inserting and nonsurface storage after nonstorage2 and 7,b7 in the matter preceding paragraph 7#a71 by inserting and nonsurface storage after nonstorage2 7#e7 by striking subsection 7d72 7#f7 by redesignating subsection 7e7 as subsection 7d72 and 7#g7 in paragraph 7#b7 of subsection 7d7 7as so redesignated7-- 7,a7 in the first sentence-- 7i7 by inserting and implementation after investigation2 7ii7 by striking other before ,yakima ,river2 and 7iii7 by inserting and other water supply entities after owners2 and 7,b7 by striking the second sentence4 7e7 ,chandler pumping plant and powerplant-operations at ,prosser ,diversion ,dam ,section #abjh7;d7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defb2 #aad ,stat4 #adbe7 is amended by inserting negatively before affected4 7f7 ,interim ,comprehensive ,basin ,operating ,plan ,section #abaj7;c7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defd7 is amended by striking #ajj1jjj and inserting #bjj1jjj4 7g7 ,environmental compliance ,section #abaa of ,public ,law #ajc-dcd 7#ajh ,stat4 #defd7 is amended by striking #b1jjj1jjj and inserting #e1jjj1jjj4 #e4 ,authorization of ,phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project ,title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended by adding at the end the following3 #abac4 ,authorization of the integrated plan as ,phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project 7a7 ,integrated ,plan 7#a7 ,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 laws4 7#b7 ,initial development phase of the integrated plan 7,a7 ,in general ,the ,secretary1 in coordination with the ,state of ,washington and ,yakama ,nation and subject to feasibility studies1 environmental reviews1 and the availability of appropriations1 shall implement an initial development phase of the ,integrated ,plan1 to-- 7i7 complete the planning1 design1 and construction or development of upstream and downstream fish passage facilities1 as previously authorized by the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq47 at ,cle ,elum ,reservoir and another ,yakima ,project reservoir identified by the ,secretary as consistent with the ,integrated ,plan1 subject to the condition that1 if the ,yakima ,project reservoir identified by the ,secretary contains a hydropower project licensed by the ,federal ,energy ,regulatory ,commission1 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 license2 7ii7 negotiate long-term agreements with participating proratable irrigation entities in the ,yakima ,basin and1 acting through the ,bureau of ,reclamation1 coordinate between ,bureaus of the ,department of the ,interior and with the heads of other ,federal agencies to negotiate agreements concerning leases1 easements1 and rights-of-way on ,federal land1 and other terms and conditions determined to be necessary to allow for the non-,federal financing1 construction1 operation1 and maintenance of-- 7,i7 new facilities needed to access and deliver inactive storage in ,lake ,kachess for the purpose of providing drought relief for irrigation 7known as the ,kachess ,drought ,relief ,pumping ,plant72 and 7,,ii7 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 7known as the ,k to ,k ,pipeline72 7iii7 participate in1 provide funding for1 and accept non-,federal financing for-- 7,i7 water conservation projects1 not subject to the provisions of the ,basin ,conservation ,program described in section #abjc1 that are intended to partially implement the ,integrated ,plan by providing #he1jjj acre-feet of conserved water to improve tributary and mainstem stream flow2 and 7,,ii7 aquifer storage and recovery projects2 7iv7 study1 evaluate1 and conduct feasibility analyses and environmental reviews of fish passage1 water supply 7including groundwater and surface water storage71 conservation1 habitat restoration projects1 and other alternatives identified as consistent with the purposes of this ,act1 for the initial and future phases of the ,integrated ,plan2 7v7 coordinate with and assist the ,state of ,washington in implementing a robust water market to enhance water management in the ,yakima ,river basin1 including-- 7,i7 assisting in identifying ways to encourage and increase the use of1 and reduce the barriers to1 water transfers1 leasing1 markets1 and other voluntary transactions among public and private entities in the ,yakima ,river basin2 7,,ii7 providing technical assistance1 including scientific data and market information2 and 7,,iii7 negotiating agreements that would facilitate voluntary water transfers between entities1 including as appropriate1 the use of federally managed infrastructure2 and 7vi7 enter into cooperative agreements with1 or1 subject to a minimum non-,federal cost-sharing requirement of #ej percent1 make grants to1 the ,yakama ,nation1 the ,state of ,washington1 ,yakima ,river basin irrigation districts1 water districts1 conservation districts1 other local governmental entities1 nonprofit organizations1 and land owners to carry out this title under such terms and conditions as the ,secretary may require1 including the following purposes3 7,i7 ,land and water transfers1 leases1 and acquisitions from willing participants1 so long as the acquiring entity shall hold title and be responsible for any and all required operations1 maintenance1 and management of that land and water4 7,,ii7 ,to combine or relocate diversion points1 remove fish barriers1 or for other activities that increase flows or improve habitat in the ,yakima ,river and its tributaries in furtherance of this title4 7,,iii7 ,to implement1 in partnership with ,federal and non-,federal entities1 projects to enhance the health and resilience of the watershed4 7,b7 ,commencement date ,the ,secretary shall commence implementation of the activities included under the initial development phase pursuant to this paragraph-- 7i7 on the date of enactment of this section2 and 7ii7 on completion of applicable feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development4 7#c7 ,intermediate and final phases 7,a7 ,in general ,the ,secretary1 in coordination with the ,state of ,washington and in consultation with the ,yakama ,nation1 shall develop plans for intermediate and final development phases of the ,integrated ,plan to achieve the purposes of this ,act1 including conducting applicable feasibility studies1 environmental reviews1 and other relevant studies needed to develop the plans4 7,b7 ,intermediate phase ,the ,secretary shall develop an intermediate development phase to implement the ,integrated ,plan that1 subject to authorization and appropriation1 would commence not later than #aj years after the date of enactment of this section4 7,c7 ,final phase ,the ,secretary shall develop a final development phase to implement the ,integrated ,plan that1 subject to authorization and appropriation1 would commence not later than #bj years after the date of enactment of this section4 7#d7 ,contingencies ,the implementation by the ,secretary of projects and activities identified for implementation under the ,integrated ,plan shall be-- 7,a7 subject to authorization and appropriation2 7,b7 contingent on the completion of applicable feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development2 7,c7 implemented on public review and a determination by the ,secretary that design1 construction1 and operation of a proposed project or activity is in the best interest of the public2 and 7,d7 in compliance with all applicable laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#e7 ,progress report 7,a7 ,in general ,not later than #e years after the date of enactment of this section1 the ,secretary1 in conjunction with the ,state of ,washington and in consultation with the ,yakama ,nation1 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 ,plan4 7,b7 ,requirements ,the progress report under this paragraph shall-- 7i7 provide a review and reassessment1 if needed1 of the objectives of the ,integrated ,plan1 as applied to all elements of the ,integrated ,plan2 7ii7 assess1 through performance metrics developed at the initiation of1 and measured throughout the implementation of1 the ,integrated ,plan1 the degree to which the implementation of the initial development phase addresses the objectives and all elements of the ,integrated ,plan2 7iii7 identify the amount of ,federal funding and non-,federal contributions received and expended during the period covered by the report2 7iv7 describe the pace of project development during the period covered by the report2 7v7 identify additional projects and activities proposed for inclusion in any future phase of the ,integrated ,plan to address the objectives of the ,integrated ,plan1 as applied to all elements of the ,integrated ,plan2 and 7vi7 for water supply projects-- 7,i7 provide a preliminary discussion of the means by which-- 7aa7 water and costs associated with each recommended project would be allocated among authorized uses2 and 7bb7 those allocations would be consistent with the objectives of the ,integrated ,plan2 and 7,,ii7 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 participation1 including fiscal obligations associated with subscription4 7b7 ,financing1 construction1 operation1 and maintenance of ,kachess ,drought ,relief ,pumping ,plant and ,k to ,k ,pipeline 7#a7 ,agreements ,long-term agreements negotiated between the ,secretary and participating proratable irrigation entities in the ,yakima ,basin for the non-,federal financing1 construction1 operation1 and maintenance of the ,drought ,relief ,pumping ,plant and ,k to ,k ,pipeline shall include provisions regarding-- 7,a7 responsibilities of the participating proratable irrigation entities for the planning1 design1 and construction of infrastructure in consultation and coordination with the ,secretary2 7,b7 property titles and responsibilities of the participating proratable irrigation entities for the maintenance of and liability for all infrastructure constructed under this title2 7,c7 operation and integration of the projects by the ,secretary in the operation of the ,yakima ,project2 7,d7 costs associated with the design1 financing1 construction1 operation1 maintenance1 and mitigation of projects1 with the costs of ,federal oversight and review to be nonreimbursable to the participating proratable irrigation entities and the ,yakima ,project2 and 7,e7 responsibilities for the pumping and operational costs necessary to provide the total water supply available made inaccessible due to drought pumping during the preceding #a or more calendar years1 in the event that the ,kachess ,reservoir fails to refill as a result of pumping drought storage water during the preceding #a or more calendar years1 which shall remain the responsibility of the participating proratable irrigation entities4 7#b7 ,use of ,kachess ,reservoir stored water 7,a7 ,in general ,the additional stored water made available by the construction of facilities to access and deliver inactive storage in ,kachess ,reservoir under subsection 7a77#b77;,a77ii77,i7 shall-- 7i7 be considered to be ,yakima ,project water2 7ii7 not be part of the total water supply available1 as that term is defined in various court rulings2 and 7iii7 be used exclusively by the ,secretary-- 7,i7 to enhance the water supply in years when the total water supply available is not sufficient to provide #gj percent of proratable entitlements in order to make that additional water available up to #gj percent of proratable entitlements to the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or other proratable irrigation entities participating in the construction1 operation1 and maintenance costs of the facilities under this title under such terms and conditions to which the districts may agree1 subject to the conditions that-- 7aa7 the ,bureau of ,indian ,affairs1 the ,wapato ,irrigation ,project1 and the ,yakama ,nation1 on an election to participate1 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 agree2 and 7bb7 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 entities1 or in such other proportion as the participating entities may agree2 and 7,,ii7 to facilitate reservoir operations in the reach of the ,yakima ,river between ,keechelus ,dam and ,easton ,dam for the propagation of anadromous fish4 7,b7 ,effect of paragraph ,nothing in this paragraph affects 7as in existence on the date of enactment of this section7 any contract1 law 7including regulations7 relating to repayment costs1 water right1 or ,yakama ,nation treaty right4 7#c7 ,commencement ,the ,secretary shall not commence entering into agreements pursuant to subsection 7a77#b77;,a77ii7 or subsection 7b77#a7 or implementing any activities pursuant to the agreements before the date on which-- 7,a7 all applicable and required feasibility studies1 environmental reviews1 and cost-benefit analyses have been completed and include favorable recommendations for further project development1 including an analysis of-- 7i7 the impacts of the agreements and activities conducted pursuant to subsection 7a77#b77;,a77ii7 on adjacent communities1 including potential fire hazards1 water access for fire districts1 community and homeowner wells1 future water levels based on projected usage1 recreational values1 and property values2 and 7ii7 specific options and measures for mitigating the impacts1 as appropriate2 7,b7 the ,secretary has made the agreements and any applicable project designs1 operations plans1 and other documents available for public review and comment in the ,federal ,register for a period of not less than #fj days2 and 7,c7 the ,secretary has made a determination1 consistent with applicable law1 that the agreements and activities to which the agreements relate-- 7i7 are in the public interest2 and 7ii7 could be implemented without significant adverse impacts to the environment4 7#d7 ,electrical power associated with ,kachess drought relief pumping plant 7,a7 ,in general ,the ,administrator of the ,bonneville ,power ,administration1 pursuant to the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci et seq471 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 irrigation1 subject to the requirements of subparagraphs 7,b7 and 7,c74 7,b7 ,determination ,power may be provided under subparagraph 7,a7 only if-- 7i7 there is in effect a drought declaration issued by the ,state of ,washington2 7ii7 there are conditions that have led to #gj percent or less water delivery to proratable irrigation districts1 as determined by the ,secretary2 and 7iii7 the ,secretary determines that it is appropriate to provide power under that subparagraph4 7,c7 ,period of availability ,power under subparagraph 7,a7 shall be provided until the date on which the ,secretary determines that power should no longer be provided under that subparagraph1 but for not more than a #a-year period or the period during which the ,secretary determines that drought mitigation measures are necessary in the ,yakima ,river basin4 7,d7 ,rate ,the ,administrator of the ,bonneville ,power ,administration shall provide power under subparagraph 7,a7 at the then-applicable lowest ,bonneville ,power ,administration rate for public body1 cooperative1 and ,federal agency customers firm obligations1 which as of the date of enactment of this section is the priority firm ,tier #a rate1 and shall not include any irrigation discount4 7,e7 ,local provider ,during any period in which power is not being provided under subparagraph 7,a71 the power needed to operate the ,kachess ,pumping ,plant shall be obtained by the ,secretary from a local provider4 7,f7 ,costs ,the cost of power for such pumping1 station service power1 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 water4 7,g7 ,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 provider4 7c7 ,design and use of groundwater recharge projects 7#a7 ,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-- 7,a7 the water for the aquifer storage and recovery project would not be available for use1 but instead for the development of the project2 7,b7 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 available2 and 7,c7 the development of the aquifer storage and recovery project will not impair fish or other aquatic life in any localized stream reach4 7#b7 ,project types ,the ,secretary may provide technical assistance for1 and participate in1 any of the following #c types of groundwater recharge projects 7including the incorporation of groundwater recharge projects into ,yakima ,project operations1 as appropriate73 7,a7 ,aquifer recharge projects designed to redistribute ,yakima ,project water within a water year for the purposes of supplementing stream flow during the irrigation season1 particularly during storage control1 subject to the condition that if such a project is designed to supplement a mainstem reach1 the water supply that results from the project shall be credited to instream flow targets1 in lieu of using the total water supply available to meet those targets4 7,b7 ,aquifer storage and recovery projects that are designed1 within a given water year or over multiple water years-- 7i7 to supplement or mitigate for municipal uses2 7ii7 to supplement municipal supply in a subsurface aquifer2 or 7iii7 to mitigate the effect of groundwater use on instream flow or senior water rights4 7,c7 ,aquifer storage and recovery projects designed to supplement existing irrigation water supply1 or to store water in subsurface aquifers1 for use by the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or any other proratable irrigation entity participating in the repayment of the construction1 operation1 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 entitled1 subject to the conditions that-- 7i7 the ,bureau of ,indian ,affairs1 the ,wapato ,irrigation ,project1 and the ,yakama ,nation1 on an election to participate1 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 agree2 and 7ii7 nothing in this subparagraph affects 7as in existence on the date of enactment of this section7 any contract1 law 7including regulations7 relating to repayment costs1 water right1 or ,yakama ,nation treaty right4 7d7 ,federal cost-,share 7#a7 ,in general ,the ,federal cost-share of a project carried out under this section shall be determined in accordance with the applicable laws 7including regulations7 and policies of the ,bureau of ,reclamation4 7#b7 ,initial phase ,the ,federal cost-share for the initial development phase of the ,integrated ,plan shall not exceed #ej percent of the total cost of the initial development phase4 7#c7 ,state and other contributions ,the ,secretary may accept as part of the non-,federal cost-share of a project carried out under this section1 and expend as if appropriated1 any contribution 7including in-kind services7 by the ,state of ,washington or any other individual or entity that the ,secretary determines will enhance the conduct and completion of the project4 7#d7 ,limitation on use of other ,federal funds ,except as otherwise provided in this title1 other ,federal funds may not be used to provide the non-,federal cost-share of a project carried out under this section4 7e7 ,savings and contingencies ,nothing in this section shall-- 7#a7 be a new or supplemental benefit for purposes of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cij;aa et seq472 7#b7 affect any contract in existence on the date of enactment of this section that was executed pursuant to the reclamation laws2 7#c7 affect any contract or agreement between the ,bureau of ,indian ,affairs and the ,bureau of ,reclamation2 7#d7 affect1 waive1 abrogate1 diminish1 define1 or interpret the treaty between the ,yakama ,nation and the ,united ,states2 or 7#e7 constrain the continued authority of the ,secretary to provide fish passage in the ,yakima ,basin in accordance with the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq474 #abad4 ,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 laws1 treaty rights of the ,yakama ,nation1 and legal obligations1 including those contained in this ,act4 ,that authority and discretion includes the ability of the ,united ,states to store1 deliver1 conserve1 and reuse water supplies deriving from projects authorized under this title4 4 ,june #ac1 #bjag,reported without amendment