[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2402 Reported in Senate (RS)]

                                                       Calendar No. 640
105th CONGRESS
  2d Session
                                H. R. 2402


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1997

                                Received

                           November 13, 1997

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

                           September 25, 1998

               Reported by Mr. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 To make technical and clarifying amendments to improve the management 
       of water-related facilities in the Western United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water-Related 
Technical Corrections Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reduction of waiting period for obligation of funds provided 
                            under Reclamation Safety of Dams Act of 
                            1978.
Sec. 3. Albuquerque Metropolitan Area Reclamation and Reuse Project.
Sec. 4. Phoenix Metropolitan Water Reclamation and Reuse Project.
Sec. 5. Refund of certain amounts received under Reclamation Reform Act 
                            of 1982.
Sec. 6. Extension of periods for repayments for Nueces River 
                            reclamation project and Canadian River 
                            reclamation project, Texas.
Sec. 7. Solano Project Water.
Sec. 8. Use of distribution system of Canadian River reclamation 
                            project, Texas, to transport nonproject 
                            water.
<DELETED>Sec. 9. Olivenhain Water Storage Project loan guarantee.
Sec. 10. </DELETED>Sec. 9. Fish passage and protective facilities, 
                            Rogue River Basin, Oregon.

SEC. 2. REDUCTION OF WAITING PERIOD FOR OBLIGATION OF FUNDS PROVIDED 
              UNDER RECLAMATION SAFETY OF DAMS ACT OF 1978.

    Section 5 of the Reclamation Safety of Dams Act of 1978 (92 Stat. 
2471; 43 U.S.C. 509) is amended by striking ``sixty days'' and all that 
follows through ``day certain)'' and inserting ``30 calendar days''.

SEC. 3. ALBUQUERQUE METROPOLITAN AREA RECLAMATION AND REUSE PROJECT.

    Section 1621 of the Reclamation Projects Authorization and 
Adjustment Act of 1992, as added by section 2(a)(2) of the Reclamation 
Recycling and Water Conservation Act of 1996 (110 Stat. 3292; 43 U.S.C. 
390h-12g), is amended--
            (1) in the heading by striking ``study'' and inserting 
        ``project''; and
            (2) in subsection (a)--
                    (A) by inserting ``the planning, design, and 
                construction of'' after ``participate in'';
                    (B) by striking ``Study'' and inserting 
                ``Project''; and
                    (C) by inserting ``and nonpotable surface water'' 
                after ``impaired groundwater''.

SEC. 4. PHOENIX METROPOLITAN WATER RECLAMATION AND REUSE PROJECT.

    Section 1608 of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (106 Stat. 4666; 43 U.S.C. 390h-6) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The Secretary, in cooperation with the city of Phoenix, 
Arizona, shall participate in the planning, design, and construction of 
the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize 
fully wastewater from the regional wastewater treatment plant for 
direct municipal, industrial, agricultural, and environmental purposes, 
groundwater recharge, and indirect potable reuse in the Phoenix 
metropolitan area.'';
            (2) in subsection (b) by striking the first sentence; and
            (3) by striking subsection (c).

SEC. 5. REFUND OF CERTAIN AMOUNTS RECEIVED UNDER RECLAMATION REFORM ACT 
              OF 1982.

    (a) Refund Required.--Subject to subsection (b) and the 
availability of appropriations, the Secretary of the Interior shall 
refund fully amounts received by the United States as collections under 
section 224(i) of the Reclamation Reform Act of 1982 (101 Stat. 1330-
268; 43 U.S.C. 390ww(i)) for paid bills (including interest collected) 
issued by the Secretary of the Interior before January 1, 1994, for 
full-cost charges that were assessed for failure to file certain 
certification or reporting forms under sections 206 and 224(c) of such 
Act (96 Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)).
    (b) Administrative Fee.--In the case of a refund of amounts 
collected in connection with sections 206 and 224(c) of the Reclamation 
Reform Act of 1982 (96 Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)) 
with respect to any water year after the 1987 water year, the amount 
refunded shall be reduced by an administrative fee of $260 for each 
occurrence.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000.

SEC. 6. EXTENSION OF PERIODS FOR REPAYMENTS FOR NUECES RIVER 
              RECLAMATION PROJECT AND CANADIAN RIVER RECLAMATION 
              PROJECT, TEXAS.

    Section 2 of the Emergency Drought Relief Act of 1996 (Public Law 
104-318; 110 Stat. 3862) is amended by adding at the end the following 
new subsection:
    ``(c) Extension of Periods for Repayment.--Notwithstanding any 
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et 
seq.), the Secretary of the Interior--
            ``(1) shall extend the period for repayment by the City of 
        Corpus Christi, Texas, and the Nueces River Authority under 
        contract No. 6-07-01-X0675, relating to the Nueces River 
        reclamation project, Texas, until--
                    ``(A) August 1, 2029, for repayment pursuant to the 
                municipal and industrial water supply benefits portion 
                of the contract; and
                    ``(B) until August 1, 2044, for repayment pursuant 
                to the fish and wildlife and recreation benefits 
                portion of the contract; and
            ``(2) shall extend the period for repayment by the Canadian 
        River Municipal Water Authority under contract No. 14-06-500-
        485, relating to the Canadian River reclamation project, Texas, 
        until October 1, 2021.''.

SEC. 7. SOLANO PROJECT WATER.

    (a) Authorization.--The Secretary of the Interior is authorized to 
enter into contracts with the Solano County Water Agency, or any of its 
member unit contractors for water from the Solano Project, California, 
pursuant to the Act of February 21, 1911 (43 U.S.C. 523), for--
            (1) the impounding, storage, and carriage of nonproject 
        water for domestic, municipal, industrial, and other beneficial 
        purposes, using any facilities associated with the Solano 
        Project, California, and
            (2) the exchange of water among Solano Project contractors, 
        for the purposes set forth in paragraph (1), using facilities 
        associated with the Solano Project, California.
    (b) Limitation.--The authorization under subsection (a) shall be 
limited to the use of that portion of the Solano Project facilities 
downstream of Mile 26 of the Putah South Canal (as that canal is 
depicted on the official maps of the Bureau of Reclamation), which is 
below the diversion points on the Putah South Canal utilized by the 
city of Fairfield for delivery of Solano Project water.

SEC. 8. USE OF DISTRIBUTION SYSTEM OF CANADIAN RIVER RECLAMATION 
              PROJECT, TEXAS, TO TRANSPORT NONPROJECT WATER.

    The Act of December 29, 1950 (chapter 1183; 43 U.S.C. 600b, 600c), 
authorizing construction, operation, and maintenance of the Canadian 
River reclamation project, Texas, is amended by adding at the end the 
following new section:
    ``Sec. 4. (a) The Secretary of the Interior shall allow use of the 
project distribution system (including all pipelines, aqueducts, 
pumping plants, and related facilities) for transport of water from the 
Canadian River Conjunctive Use Groundwater Project to municipalities 
that are receiving water from the project. Such use shall be subject 
only to such environmental review as is required under the Memorandum 
of Understanding, No. 97-AG-60-09340, between the Bureau of Reclamation 
and the Canadian River Municipal Water Authority, and a review and 
approval of the engineering design of the interconnection facilities to 
assure the continued integrity of the project. Such environmental 
review shall be completed within 90 days after the date of enactment of 
this section.
    ``(b) The Canadian River Municipal Water Authority shall bear the 
responsibility for all costs of construction, operation, and 
maintenance of the Canadian River Conjunctive Groundwater Project, and 
for costs incurred by the Secretary in conducting the environmental 
review of the project. The Secretary shall not assess any additional 
charges in connection with the Canadian River Conjunctive Use 
Groundwater Project.''.

<DELETED>SEC. 9. OLIVENHAIN WATER STORAGE PROJECT LOAN 
              GUARANTEE.</DELETED>

<DELETED>    (a) Loan Guarantee.--The Secretary of the Interior may 
guarantee a loan made to either the Olivenhain Municipal Water District 
(in this section referred to as the ``District'') or to a 
nongovernmental developer selected by the District, for building and 
financing the Olivenhain Water Storage Project in northern San Diego 
County, California. The amount of a loan guaranteed under this 
subsection may not exceed $70,000,000. Before making any such loan 
guarantee, the Secretary shall evaluate the design and justification 
for the proposed project. The Secretary may make such a loan guarantee 
only after the Secretary determines that the proposed project is 
economically feasible and the design for the proposed project is 
technically and environmentally adequate.</DELETED>
<DELETED>    (b) Interest Rate.--Any loan guaranteed under subsection 
(a) shall bear interest at a rate agreed upon by the borrower and 
lender.</DELETED>
<DELETED>    (c) Obligation of United States.--Any loan guarantee under 
this section shall constitute an obligation, in accordance with the 
terms and conditions of such guarantee, of the United States 
Government, and the full faith and credit of the United States is 
hereby pledged to full performance of the obligation.</DELETED>
<DELETED>    (d) Security.--</DELETED>
        <DELETED>    (1) Reserve fund and commitment of district 
        revenues.--To ensure the repayment of any loan guaranteed under 
        this section and as a condition of providing the guarantee, the 
        Secretary of the Interior shall require that--</DELETED>
                <DELETED>    (A) the borrower establish and maintain, 
                with a trustee designated by the Secretary, a reserve 
                fund in the amount of 115 percent of the next year's 
                principal and interest payments on the loan;</DELETED>
                <DELETED>    (B) the District agree to use its revenues 
                to make all payments required under the terms of the 
                loan prior to any payment by the United States under 
                the guarantee, and to make those payments through the 
                trustee designated under subparagraph (A); 
                and</DELETED>
                <DELETED>    (C) the trustee designated under 
                subparagraph (A) agree to use all amounts received for 
                repayment of the loan to repay the loan.</DELETED>
        <DELETED>    (2) Reserve fund requirements.--The reserve fund 
        under this subsection shall be established under terms that 
        provide that--</DELETED>
                <DELETED>    (A) all moneys in the reserve fund shall 
                constitute a trust fund for the repayment of the loan 
                guaranteed under subsection (a); and</DELETED>
                <DELETED>    (B) the reserve fund shall be administered 
                in accordance with and pursuant to provisions agreed 
                upon by the borrower and lender for the loan guaranteed 
                under subsection (a).</DELETED>
        <DELETED>    (3) Payment of loan amounts.--Proceeds from the 
        loan guaranteed under subsection (a) shall--</DELETED>
                <DELETED>    (A) be deposited directly with the trustee 
                designated by the Secretary of the Interior under 
                paragraph (1)(A); and</DELETED>
                <DELETED>    (B) be disbursed by the trustee consistent 
                with the terms of the loan.</DELETED>
        <DELETED>    (4) Qualifications of trustee.--Any trustee 
        designated by the Secretary of the Interior under paragraph (1) 
        must, at a minimum--</DELETED>
                <DELETED>    (A) be a trust company or a bank having 
                the powers of a trust company;</DELETED>
                <DELETED>    (B) have a combined capital and surplus of 
                at least $100,000,000; and</DELETED>
                <DELETED>    (C) be otherwise subject to supervision or 
                examination by a Federal agency.</DELETED>

SEC. <DELETED>10. </DELETED>9. FISH PASSAGE AND PROTECTIVE FACILITIES, 
              ROGUE RIVER BASIN, OREGON.

    The Secretary of the Interior is authorized to use otherwise 
available amounts to provide up to $2,000,000 in financial assistance 
to the Medford Irrigation District and the Rogue River Valley 
Irrigation District for the design and construction of fish passage and 
protective facilities at North Fork Little Butte Creek Diversion Dam 
and South Fork Little Butte Creek Diversion Dam in the Rogue River 
basin, Oregon, if the Secretary determines in writing that these 
facilities will enhance the fish recovery efforts currently underway at 
the Rogue River Basin Project, Oregon.

            Passed the House of Representatives November 9, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.




                                                       Calendar No. 640

105th CONGRESS

  2d Session

                               H. R. 2402

_______________________________________________________________________

                                 AN ACT

 To make technical and clarifying amendments to improve the management 
       of water-related facilities in the Western United States.

_______________________________________________________________________

                           September 25, 1998

                        Reported with amendments