[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3267 Enrolled Bill (ENR)]

        H.R.3267

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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, and for other purposes.

    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 ``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 sub- 
            section (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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.