S 2020 — Deschutes River Conservancy Reauthorization Act of 2023

changes in existing law made by 
the bill S. 2020, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 OMNIBUS CONSOLIDATED APPROPRIATIONS ACT, 1997

 Public Law 104--208

 AN ACT Making omnibus consolidated appropriations for the fiscal year 
ending September 30, 1997, and for other purposes.

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DIVISION B--OREGON RESOURCE CONSERVATION ACT OF 1996

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 TITLE III--DESCHUTES BASIN

SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

 (a) Definitions.--In this section:
 [(1) Working group.--The term ``Working Group'' means 
 the Deschutes River Conservancy Working Group 
 established before the date of enactment of this title, 
 consisting of members nominated by their represented 
 groups, including
 (A) 5 representatives of private interests 
 including one each from hydroelectric 
 production, livestock grazing, timber, land 
 development, and recreation/tourism;
 (B) 4 representatives of private interests 
 including two from irrigated agriculture who 
 actively farm more than 100 acres of irrigated 
 land and are not irrigation district managers 
 and two from the environmental community;
 (C) 2 representatives from the Confederated 
 Tribes of the Warm Springs Reservation of 
 Oregon;
 (D) 2 representatives from Federal agencies 
 with authority and responsibility in the 
 Deschutes River Basin, including one from the 
 Department of the Interior and one from the 
 Agriculture Department;
 (E) 2 representatives from the State of 
 Oregon agencies with authority and 
 responsibility in the Deschutes River Basin, 
 including one from the Oregon Department of 
 Fish and Wildlife and one from the Oregon Water 
 Resources Department; and
 (F) 4 representatives from county or city 
 governments within the Deschutes River Basin 
 county and/or city governments.]
 (1) Working group.--The term ``Working Group'' means 
 the Deschutes River Conservancy Working Group composed 
 of a board of directors of not fewer than 10, but not 
 more than 15, members nominated by the group 
 represented by the member, of whom--
 (A) 2 members shall be representatives of the 
 environmental community in the Deschutes River 
 Basin;
 (B) 2 members shall be representatives of the 
 irrigated agriculture community in the 
 Deschutes River Basin;
 (C) 2 members shall be representatives of the 
 Confederated Tribes of the Warm Springs 
 Reservation of Oregon;
 (D) 1 member shall be a representative of the 
 hydroelectric production community in the 
 Deschutes River Basin;
 (E) 1 member shall be a representative of 1 
 of the Federal agencies with authority and 
 responsibility in the Deschutes River Basin;
 (F) 1 member shall be a representative of an 
 agency of the State of Oregon with authority 
 and responsibility in the Deschutes River 
 Basin, such as--
 (i) the Oregon Department of Fish and 
 Wildlife; or
 (ii) the Oregon Water Resources 
 Department; and
 (G) 1 member shall be a representative of a 
 unit of local government in the Deschutes River 
 Basin.
 (2) Secretary.--The term ``Secretary'' means the 
 Secretary of the Interior.
 (3) Federal agencies.--The term ``Federal agencies'' 
 means agencies and departments of the United States, 
 including, but not limited to, the Bureau of 
 Reclamation, Bureau of Indian Affairs, Bureau of Land 
 Management, Fish and Wildlife Service, Forest Service, 
 Natural Resources Conservation Service, Farm Services 
 Agency, the National Marine Fisheries Service, and the 
 Bonneville Power Administration.
 (4) Consensus.--The term ``consensus'' means a 
 unanimous agreement by the Working Group members 
 present and constituting at least a quorum at a 
 regularly scheduled business meeting.
 (5) Quorum.--The term ``quorum'' means one more than 
 half of those qualified Working Group members appointed 
 and eligible to serve.
 (b) In General.--
 (1) The Working Group will propose ecological 
 restoration projects on both Federal and non-Federal 
 lands and waters to be undertaken in the Deschutes 
 River Basin based on a consensus of the Working Group, 
 provided that such projects, when involving Federal 
 land or funds, shall be proposed to the Bureau of 
 Reclamation in the Department of the Interior and any 
 other Federal agency with affected land or funds.
 (2) The Working Group will accept donations, grants 
 or other funds and place such funds received into a 
 trust fund, to be expended on ecological restoration 
 projects which, when involving Federal land or funds, 
 are approved by the affected Federal agency.
 (3) The Bureau of Reclamation shall pay from funds 
 authorized under subsection (h) of this title up to 50 
 percent of the cost of performing any project proposed 
 by the Working Group and approved by the Secretary, up 
 to a total amount of $1,000,000 during each of the 
 fiscal years 1997 through 2001, and up to a total 
 amount of $2,000,000 during each of fiscal years 2002 
 through 2006, and up to a total amount of $2,000,000 
 during each of fiscal years 2007 through [2016] 2032.
 (4) Non-Federal contributions to project costs for 
 purposes of computing the Federal matching share under 
 paragraph (3) of this subsection may include in-kind 
 contributions.
 (5) Funds authorized in subsection (h) of this title 
 shall be maintained in and distributed by the Bureau of 
 Reclamation in the Department of the Interior. The 
 Bureau of Reclamation shall not expend more than 5 
 percent of amounts appropriated pursuant to subsection 
 (h) for Federal administration of such appropriations 
 pursuant to this title.
 (6) The Bureau of Reclamation is authorized to 
 provide by grant to the Working Group not more than [5 
 percent] 10 percent of funds appropriated pursuant to 
 subsection (h) of this title for not more than 50 
 percent of administrative costs relating to the 
 implementation of this title.
 (7) The Federal agencies with authority and 
 responsibility in the Deschutes River Basin shall 
 provide technical assistance to the Working Group and 
 shall designate representatives to serve as members of 
 the Working Group.
 (8) All funding recommendations developed by the 
 Working Group shall be based on a consensus of the 
 Working Group members.
 (c) Public Notice and Participation.--The Working Group 
shall conduct all meetings subject to applicable open meeting 
and public participation laws. The chartering requirements of 5 
U.S.C. App 2 ss 1-15 are hereby deemed to have been met by this 
section.
 (d) Priorities.--The Working Group shall give priority to 
voluntary market-based economic incentives for ecosystem 
restoration including, but not limited to, water leases and 
purchases; land leases and purchases; tradable discharge 
permits; and acquisition of timber, grazing, and land 
development rights to implement plans, programs, measures, and 
projects.
 (e) Terms and Vacancies.--Members of the Working Group 
representing governmental agencies or entities shall be named 
by the represented government agency. Members of the Working 
Group representing private interests shall be named in 
accordance with the articles of incorporation and bylaws of the 
Working Group. Representatives from Federal agencies will serve 
for terms of 3 years. Vacancies which occur for any reason 
after the date of enactment of this title shall be filled in 
accordance with this title.
 (f) Additional Projects.--Where existing authority and 
appropriations permit, Federal agencies may contribute to the 
implementation of projects recommended by the Working Group and 
approved by the Secretary.
 (g) Rights, Duties and Authorities Unaffected.--The Working 
Group will supplement, rather than replace, existing efforts to 
manage the natural resources of the Deschutes Basin. Nothing in 
this title affects any legal right, duty or authority of any 
person or agency, including any member of the working group.
 (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this title $1,000,000 for each 
of fiscal years 1997 through 2001 and $2,000,000 for each of 
fiscal years 2002 through 2006, and $2,000,000 for each of 
fiscal years 2007 through [2016] 2032.

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