Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994

TABLE OF CONTENTS:

Title I: Yavapai-Prescott Indian Tribe Water Rights

Settlement

Title II: Auburn Indian Restoration

Title III: Central Utah Project

Title IV: Mountain Park Project

Title V: San Angelo Federal Reclamation Project

Title VI: Shoshone Federal Reclamation Project

Title VII: Lake Powell

Title VIII: Mni Wiconi Rural Water Supply Project

Title IX: Belle Fourche Irrigation Project

Title X: Upper Yampa Water Conservancy Project

Title XI: Mancos Project

Title XII: Yakima River Basin Water Enhancement Project

Title XIII: Limitation on Application of Requirement for

Acquisitions by United States Under Migratory Bird

Conservation Act

Title I: Yavapai-Prescott Indian Tribe Water Rights Settlement - Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994 - Ratifies the Settlement Agreement entered into by the city of Prescott, Arizona, the Chino Valley Irrigation District, the Yavapai- Prescott Indian Tribe, the State of Arizona, and the United States providing for the settlement of all water claims between and among the parties. Grants such water rights to the Tribe in perpetuity.

(Sec. 105) Authorizes the Secretary of the Interior (Secretary) to acquire the Central Arizona Project (CAP) contract from the Tribe and its subcontract from Prescott in exchange for funds appropriated to the Verde River Basin Water Fund (established by this Act).

(Sec. 106) Directs the Secretary to establish the Verde River Basin Water Fund to be used to develop replacement water for the CAP water relinquished under this Act. Requires the Tribe and Prescott to establish trust accounts.

(Sec. 108) Requires environmental compliance in developing alternative water sources.

(Sec. 109) Authorizes appropriations for: (1) the Tribe's settlement costs; and (2) operating the gauging station required by this Act. Requires Arizona to contribute $200,000 to the Tribe's trust account.

(Sec. 111) Directs the Tribe to establish a Reservation groundwater management plan.

Directs the Secretary, acting through the Geological Survey, to establish and maintain a specified gauging station to assist the Tribe and the District to allocate certain surface water.

Title II: Auburn Indian Restoration - Auburn Indian Restoration Act - Extends Federal recognition and restores rights and privileges to the United Auburn Indian Community of the Auburn Rancheria of California.

Directs the Secretary of the Interior to: (1) establish an economic development plan for the tribe; (2) compile a tribal membership role; (3) conduct elections for adoption of a tribal constitution and for tribal officials; (4) and accept and hold land in trust for the tribe.

Title III: Central Utah Project - Authorizes the Secretary of the Interior, using any facilities associated with the Central Utah Project, Utah, to enter into: (1) contracts with private entities pursuant to the Warren Act for the impoundment, storage, and carriage of nonproject water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes; and (2) agreements under such Act with appropriate officials of other Federal agencies, municipalities, water districts and agencies, and States for the use of nonproject water for such purposes.

Permits any employee, or member of the Board of Directors, of the Central Utah Water Conservancy District to serve as a member of the Utah Reclamation Mitigation and Conservation Commission.

Title IV: Mountain Park Project - Mountain Park Project Act of 1994 - Adds environmental quality activities to the list of activities of the Mountain Park Reclamation Project, Oklahoma.

Directs the Secretary of the Interior to: (1) conduct investigations to determine environmental quality activities that could be carried out for the Project; and (2) make an appropriate reallocation of Project costs to accommodate such activities. Requires the Secretary, in conducting such investigations, to examine the benefits to natural environmental resources achievable from an environmental quality activity that requires reallocating water or using facilities or land of the Project.

Requires the Secretary, upon completion of investigations, to: (1) prepare a proposed reallocation of Project costs; and (2) negotiate with the Mountain Park Master Conservancy District to amend the contract to adjust the obligation of the District to repay Project costs to reflect the reallocation of nonreimbursable Project costs. Requires Project costs associated with an environmental quality activity to be nonreimbursable. Authorizes the Secretary to accept prepayment of the repayment obligation of the District for reimbursable construction costs allocated to municipal and industrial water supply for the cities of Altus, Frederick, or Snyder, Oklahoma, or any combination thereof and reduces the District's obligation by the amount of such costs upon receipt of prepayment.

Directs the Secretary of the Treasury: (1) to determine the interest rate in accordance with the guidelines set forth in Circular A-129 issued by the Office Management and Budget and the Department of Treasury Financial Manual; and (2) in determining such rate, to consider the price of the District's obligation if it were to be sold on the open market to a third party.

Provides that title to the Project facilities shall remain with the United States.

Repeals provisions of existing law regarding prepayment by the District for Project costs.

Title V: San Angelo Federal Reclamation Project - Amends Federal law to increase from 10,000 to 15,000 the irrigable acreage limit of the San Angelo Federal reclamation project, Texas, for lands in Tom Green County.

Title VI: Shoshone Federal Reclamation Project - Directs the Secretary of the Interior to convey by quitclaim deed specified lands in Big Horn County, Wyoming, to the Big Horn County School District.

Title VII: Lake Powell - Amends the Reclamation Development Act of 1974 to eliminate a maximum daily water diversion restriction with respect to the pumping of water from Lake Powell, Arizona.

Title VIII: Mni Wiconi Rural Water Supply Project - Amends the Mni Wiconi Project Act of 1988 to include within its purposes the provision of a sufficient water supply to the Rosebud and Lower Brule Indian Reservations in South Dakota.

(Sec. 804) Requires the connection of the Rosebud and Lower Brule Indian Reservations to the Oglala Sioux Rural Water System.

(Sec. 805) Increases the Federal share to up to 80 percent (currently 65 percent) of the West River and the Lyman-Jones Rural Water Systems.

(Sec. 806) Directs the Secretary of the Interior to enter into cooperative agreements with non-Federal entities to plan, operate, and replace municipal, rural, and industrial water systems, to be known respectively as the Rosebud Sioux Rural Water System and the Lower Brule Sioux Rural Water System (Systems). Includes in such Systems appropriate pumping, treatment, and electrical power facilities, pipelines, and related equipment.

(Sec. 807) Authorizes the Secretary to interconnect the Lyman- Jones and the West River rural water systems with the other systems under such Act and to provide water from the Missouri River through common facilities of the Oglala, Rosebud, and Lower Brule systems.

(Sec. 808) Subjects such Systems to specified: (1) water and fish and wildlife conservation requirements; and (2) irrigation use prohibitions.

(Sec. 812) Authorizes the Rosebud, Lower Brule, West River, and Lyman-Jones water supply systems to utilize power from the Pick-Sloan power supply system.

(Sec. 813) Authorizes appropriations for the planning, design, and construction of all systems cited under this Act, to be used through the end of FY 2003. Authorizes appropriations for the: (1) Oglala, Rosebud, and Lower Brule Sioux rural water supply systems; and (2) waste water disposal system feasibility studies required under such Act.

States that water delivery expenses to the West River and Lyman- Jones rural water systems are a non-Federal responsibility and shall be paid for annually by the systems.

(Sec. 814) Applies certain water rights provisions under such Act to the Systems.

(Sec. 815) Requires the Secretary to conduct waste water feasibility studies with regard to the Pine Ridge, Rosebud, and Lower Brule Indian Reservations.

Title IX: Belle Fourche Irrigation Project - Modifies the general plan for the Belle Fourche irrigation project, within the Pick-Sloan Missouri Basin program, to include: (1) rehabilitation of the Whitewood Siphon and two Belle Fourche dam outlets; (2) lining at South Canal and rehabilitation of Johnson Lateral for water conservation; (3) replacement or rehabilitation of deteriorated canal bridges; (4) provision of minor lateral rehabilitation and contract support work by the Belle Fourche irrigation district; and (5) a detailed study of project-wide water use management and implementation of improved management practices for the purpose of achieving optimal conservation of water supplies.

Sets forth provisions regarding: (1) the Federal and State share of costs; and (2) extension of the repayment period.

Provides that: (1) before July 1, 1995, the rates of charge to land class in the unit shall continue as established in the November 29, 1949, repayment contract with the district, as subsequently amended and supplemented; and (2) on and after July 1, 1995, such rates of charge and assessable acreage shall be in accordance with the amortization capacity and classification of unit lands as then determined by the Secretary, subject to specified requirements. Permits the rates of charge and assessable acreage to be amended as deemed necessary by the Secretary after final completion of the rehabilitation and betterment program authorized by the Act, at intervals agreed to by the Secretary and the Belle Fourche irrigation district.

Authorizes appropriations for the project.

Directs the Secretary and the district to amend the contract to reflect the amendments made by this Act.

Title X: Upper Yampa Water Conservancy Project - Stagecoach Reservoir Project Act of 1994 - Requires the Secretary of the Interior to conduct appropriate investigations regarding a specified loan contract entered into under the Small Reclamation Projects Act of 1956.

Authorizes the Secretary to sell the contract to, or accept prepayment on it from, the Upper Yampa Water Conservancy District in Colorado for the Stagecoach Reservoir Project.

Requires any negotiated agreement related to such contract to provide a payment to the Federal Government calculated by discounting the remaining payments due on the loans by the interest rate determined by the Secretary.

Directs the Secretary to obtain approval from the Secretary of the Treasury and the Director of the Office of Management and Budget of the final terms of any loan sale or prepayment made pursuant to this Act.

(Sec. 1003) Provides that upon receipt of the specified payment for the loan contract: (1) the District's obligation under the loan contract shall be terminated; (2) the Secretary shall convey all Federal right and interest in the Stagecoach Reservoir Project to the District; and (3) the District shall absolve the United States of any liability associated with the Stagecoach Reservoir Project.

(Sec. 1004) Terminates the authority granted by this Act to sell loans two years after the enactment of this Act. Gives a borrower at least 60 days to respond to any prepayment offer made by the Secretary.

Title XI: Mancos Project - Mancos Project Private Power Development Authorization Act of 1994 - Authorizes the Secretary of the Interior to enter into a lease with the Mancos Water Conservancy District for hydroelectric power privileges at the Mancos Project, Colorado. Provides lease conditions. Allows the District to receive revenues from the sale of power generated notwithstanding provisions of the Water Conservation and Utilization Act.

Title XII: Yakima River Basin Water Enhancement Project - Directs the Secretary of the Interior to establish and administer a Yakima River Basin Water Conservation Program in Washington State for the purpose of evaluating and implementing measures to improve the availability of water supplies for irrigation and the protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima River basin. Authorizes the Secretary to make grants to eligible entities for the purpose of carrying out this Act.

Prohibits conserved water resulting from the expenditure of Federal funds from being used to expand irrigation in the basin, except on the Yakama Indian Reservation.

Directs the Secretary to establish the Yakima River Basin Conservation Advisory Group to provide assistance with respect to the Program.

Requires entities to submit water conservation plans to the Secretary for approval in order to participate in the conservation program.

Authorizes appropriations to carry out the Program.

(Sec. 1204) Provides for the implementation by the Yakama Indian Nation of: (1) an irrigation demonstration project on the Yakama Indian Reservation that shall provide for the construction of distribution and on-farm irrigation facilities to use water savings resulting from system improvements to the Wapato Irrigation Project; and (2) a Toppenish Creek corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet tribal objectives. Authorizes appropriations to the Secretary for initiation, operation, and maintenance of such projects and for implementation of system improvements to the Wapato Irrigation Project.

Redesignates the Confederated Tribes and Bands of the Yakima Indian Nation as the Confederated Tribes and Bands of the Yakama Indian Nation.

(Sec. 1205) Details the instream flows the Secretary is required to provide through the Yakima Project Superintendent, requiring flow increases (obtained through voluntary sale and leasing of water or water rights or conservation measures) to facilitate anadromous fish migration.

Directs the Secretary to report to the Congress on whether the water supply available for irrigation is adequate to sustain the agricultural economy of the Yakima River basin.

(Sec. 1206) Authorizes appropriations for: (1) modifying the radial gates at Cle Elum Dam to provide additional storage capacity in Lake Cle Elum; (2) providing for shoreline protection of the lake; (3) constructing juvenile fish passage facilities at the Dam; (4) operation and maintenance responsibilities of the Federal Government for the Dam; and (5) environmental mitigation.

(Sec. 1207) Provides for the enhancement of water supplies for Yakima River Basin tributaries for fish and wildlife and irrigation purposes. Requires a study to determine the measures to be implemented to enhance water supplies for such purposes on Taneum Creek. Authorizes appropriations for such enhancement and for: (1) the Taneum Creek study; and (2) program enhancement in other Yakima River basin tributaries.

(Sec. 1208) Authorizes appropriations to provide for electrification to enhance instream flows by eliminating the need to divert water to operate the hydraulic turbines which pump water to the Kennewick Irrigation District.

Requires the Secretary to ensure that the irrigation water supply for the District shall not be affected by conservation, electrification, or subordination pursuant to this Act and any conservation measures shall be replaced by water developed through subordination or electrification.

(Sec. 1209) Authorizes appropriations to augment Kachess Reservoir stored water supplies from flows of Cabin and Silver Creeks which are excess to system demands.

Requires the stored water supply resulting from the construction of facilities under this section to be used to: (1) enhance the water supply of the Kittitas Reclamation District and the Roza Irrigation District in years of proration; and (2) facilitate reservoir operations in the Easton Dam to Keechelus Dam reach of the Yakima River for the propagation of anadromous fish.

Authorizes appropriations for the modification of the discharge facilities of Kachess Dam to improve reservoir operations for anadromous fish enhancement.

(Sec. 1210) Directs the Secretary to develop an interim operating plan for providing general framework within which the Yakima Project Superintendent operates the Yakima Project.

Authorizes appropriations.

(Sec. 1211) Authorizes appropriations for environmental compliance activities.

Title XIII: Limitation on Application of Requirement for Acquisitions by United States Under Migratory Bird Conservation Act - Amends the Migratory Bird Conservation Act to require State consent to land conveyances in fee (currently conveyances) to the Federal Government under such Act.