[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3267 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                         October 13 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
3267) entitled ``An Act to direct the Secretary of the Interior, acting 
through the Bureau of Reclamation, to conduct a feasibility study and 
construct a project to reclaim the Salton Sea.'', do pass with the 
following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Salton Sea 
Reclamation Act of 1998''.
        (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                 TITLE I--SALTON SEA FEASIBILITY STUDY

Sec. 101. Salton Sea Feasibility study authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono 
                            Salton Sea National Wildlife Refuge.

TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER 
                             AND NEW RIVER

Sec. 201. Alamo River and New River irrigation drainage water.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Committees'' means the Committee on 
        Resources and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Energy and Natural Resources and the Committee on 
        Environmental and Public Works of the Senate.
            (2) The term ``Salton Sea Authority'' means the Joint 
        Powers Authority by that name established under the laws of the 
        State of California by a Joint Power Agreement signed on June 
        2, 1993.
            (3) The term ``Secretary'' means the Secretary of the 
        Interior, acting through the Bureau of Reclamation.

                 TITLE I--SALTON SEA FEASIBILITY STUDY

SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.

    (a) In General.--No later than January 1, 2000, the Secretary, in 
accordance with this section, shall complete all feasibility studies 
and cost analyses for the options set forth in subsection (b)(2)(A) 
necessary for Congress to fully evaluate such options.
    (b) Feasibility Study.--
            (1) In general.--
                    (A) The Secretary shall complete all studies, 
                including, but not limited to environmental and other 
                reviews, of the feasibility and benefit-cost of various 
                options that permit the continued use of the Salton Sea 
                as a reservoir for irrigation drainage and (i) reduce 
                and stabilize the overall salinity of the Salton Sea, 
                (ii) stabilize the surface elevation of the Salton Sea, 
                (iii) reclaim, in the long term, healthy fish and 
                wildlife resources and their habitats, and (iv) enhance 
                the potential for recreational uses and economic 
                development of the Salton Sea.
                    (B) Based solely on whatever information is 
                available at the time of submission of the report, the 
                Secretary shall (i) identify any options he deems 
                economically feasible and cost effective, (ii) identify 
                any additional information necessary to develop 
                construction specifications, and (iii) submit any 
                recommendations, along with the results of the study to 
                the Committees no later than January 1, 2000.
                    (C)(i) The Secretary shall carry out the 
                feasibility study in accordance with a memorandum of 
                understanding entered into by the Secretary, the Salton 
                Sea Authority, and the Governor of California.
                    (ii) The memorandum of understanding shall, at a 
                minimum, establish criteria for evaluation and 
                selection of options under subparagraph (2)(A), 
                including criteria for determining benefit and the 
                magnitude and practicability of costs of construction, 
                operation, and maintenance of each option evaluated.
            (2) Options to be considered.--Options considered in the 
        feasibility study--
                    (A) shall consist of, but need not be limited to--
                            (i) use of impoundments to segregate a 
                        portion of the waters of the Salton Sea in one 
                        or more evaporation ponds located in the Salton 
                        Sea basin;
                            (ii) pumping water out of the Salton Sea;
                            (iii) augmented flows of water into the 
                        Salton Sea;
                            (iv) a combination of the options referred 
                        to in clauses (i), (ii), and (iii); and
                            (v) any other economically feasible 
                        remediation option the Secretary considers 
                        appropriate and for which feasibility analyses 
                        and cost estimates can be completed by January 
                        1, 2000;
                    (B) shall be limited to proven technologies; and
                    (C) shall not include any option that--
                            (i) relies on the importation of any new or 
                        additional water from the Colorado River; or
                            (ii) is inconsistent with the provisions of 
                        subsection (c).
            (3) Assumptions.--In evaluating options, the Secretary 
        shall apply assumptions regarding water inflows into the Salton 
        Sea Basin that encourage water conservation, account for 
        transfers of water out of the Salton Sea Basin, and are based 
        on a maximum likely reduction in inflows into the Salton Sea 
        Basin which could be 800,000 acre-feet or less per year.
            (4) Consideration of costs.--In evaluating the feasibility 
        of options, the Secretary shall consider the ability of 
        Federal, tribal, State and local government sources and private 
        sources to fund capital construction costs and annual 
        operation, maintenance, energy, and replacement costs and shall 
        set forth the basis for any cost sharing allocations as well as 
        anticipated repayment, if any, of Federal contributions.
    (c) Relationship to Other Law.--
            (1) Reclamation laws.--Activities authorized by this Act 
        shall not be subject to the Act of June 17, 1902 (32 Stat. 388; 
        43 U.S.C. 391 et seq.), and Acts amendatory thereof and 
        supplemental thereto. Amounts expended for those activities 
        shall be considered nonreimbursable for purposes of those laws 
        and shall not be considered to be a supplemental or additional 
        benefit for purposes of the Reclamation Reform Act of 1982 (96 
        Stat. 1263; 43 U.S.C. 390aa et seq.).
            (2) Preservation of rights and obligations with respect to 
        the colorado river.--This Act shall not be considered to 
        supersede or otherwise affect any treaty, law, decree, 
        contract, or agreement governing use of water from the Colorado 
        River. All activities taken under this Act must be carried out 
        in a manner consistent with rights and obligations of persons 
        under those treaties, laws, decrees, contracts, and agreements.

SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.

    (a) In General.--The Secretary shall provide for the conduct, 
concurrently with the feasibility study under section 101(b), of 
studies of hydrology, wildlife pathology, and toxicology relating to 
wildlife resources of the Salton Sea by Federal and non-Federal 
entities.
    (b) Selection of Topics and Management of Studies.--
            (1) In general.--The Secretary shall establish a committee 
        to be known as the ``Salton Sea Research Management 
        Committee''. The committee shall select the topics of studies 
        under this section and manage those studies.
            (2) Membership.--The committee shall consist of the 
        following five members:
                    (A) The Secretary.
                    (B) The Governor of California.
                    (C) The Executive Director of the Salton Sea 
                Authority.
                    (D) The Chairman of the Torres Martinez Desert 
                Cahuilla Tribal Government.
                    (E) The Director of the California Water Resources 
                Center.
    (c) Coordination.--The Secretary shall require that studies under 
this section are coordinated through the Science Subcommittee which 
reports to the Salton Sea Research Management Committee. In addition to 
the membership provided for by the Science Subcommittee's charter, 
representatives shall be invited from the University of California, 
Riverside; the University of Redlands; San Diego State University; the 
Imperial Valley College; and Los Alamos National Laboratory.
    (d) Peer Review.--The Secretary shall require that studies under 
this section are subjected to peer review.
    (e) Authorization of Appropriations.--For wildlife resources 
studies under this section there are authorized to be appropriated to 
the Secretary, through accounts within the Fish and Wildlife Service 
Exclusively, $5,000,000.
    (f) Advisory Committee Act.--The committee, and its activities, are 
not subject to the Federal Advisory Commission Act (5 U.S.C. app.).

SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY BONO 
              SALTON SEA NATIONAL WILDLIFE REFUGE.

    (a) Refuge Renamed.--The Salton Sea National Wildlife Refuge, 
located in Imperial County, California, is hereby renamed and shall be 
known as the ``Sonny Bono Salton Sea National Wildlife Refuge''.
    (b) References.--Any reference in any statute, rule, regulation, 
executive order, publication, map, or paper or other document of the 
United States to the Salton Sea National Wildlife Refuge is deemed to 
refer to the Sonny Bono Salton Sea National Wildlife Refuge.

TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER 
                             AND NEW RIVER

SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE WATER.

    (a) River Enhancement.--
            (1) In general.--The Secretary is authorized and directed 
        to promptly conduct research and construct river reclamation 
        and wetlands projects to improve water quality in the Alamo 
        River and New River, Imperial County, California, by treating 
        water in those rivers and irrigation drainage water that flows 
        into those rivers.
            (2) Acquisitions.--The Secretary may acquire equipment, 
        real property from willing sellers, and interests in real 
        property (including site access) from willing sellers as needed 
        to implement actions under this section if the State of 
        California, a political subdivision of the State, or Desert 
        Wildlife Unlimited has entered into an agreement with the 
        Secretary under which the State, subdivision, or Desert 
        Wildlife Unlimited, respectively, will, effective 1 year after 
        the date that systems for which the acquisitions are made are 
        operational and functional--
                    (A) accept all right, title, and interest in and to 
                the equipment, property, or interests; and
                    (B) assume responsibility for operation and 
                maintenance of the equipment, property, or interests.
            (3) Transfer of title.--Not later than 1 year after the 
        date a system developed under this section is operational and 
        functional, the Secretary shall transfer all right, title, and 
        interest of the United States in and to all equipment, 
        property, and interests acquired for the system in accordance 
        with the applicable agreement under paragraph (2).
            (4) Monitoring and other actions.--The Secretary shall 
        establish a long-term monitoring program to maximize the 
        effectiveness of any wetlands developed under this title and 
        may implement other actions to improve the efficacy of actions 
        implemented pursuant to this section.
    (b) Cooperation.--The Secretary shall implement subsection (a) in 
cooperation with the Desert Wildlife Unlimited, the Imperial Irrigation 
District, California, and other interested persons.
    (c) Federal Water Pollution Control.--Water withdrawn solely for 
the purpose of a wetlands project to improve water quality under 
subsection (a)(1), when returned to the Alamo River or New River, shall 
not be required to meet water quality standards under the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.).
    (d) Authorization of Appropriations.--For river reclamation and 
other irrigation drainage water treatment actions under this section, 
there are authorized to be appropriated to the Secretary $3,000,000.

            Amend the title so as to read: ``An Act to direct the 
        Secretary of the Interior, acting through the Bureau of 
        Reclamation, to complete a feasibility study relating to the 
        Salton Sea, and for other purposes.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 3267

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                               AMENDMENTS