[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3267 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3267

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1998

Mr. Hunter (for himself, Mr. Lewis of California, Mr. Calvert, and Mr. 
Brown of California) introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 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.

    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 ``Sonny Bono 
Memorial Salton Sea Reclamation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                TITLE I--SALTON SEA RECLAMATION PROJECT

Sec. 101. Salton Sea reclamation project authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono 
                            Salton Sea National Wildlife Refuge.
Sec. 104. Alamo River and New River irrigation drain water.
      TITLE II--EMERGENCY ACTION TO STABILIZE SALTON SEA SALINITY

Sec. 201. Findings and purposes.
Sec. 202. Emergency action required.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Salton Sea, located in Imperial and Riverside 
        Counties, California, is an economic and environmental resource 
        of national importance.
            (2) The Salton Sea is critical as--
                    (A) a reservoir for irrigation, municipal, and 
                stormwater drainage; and
                    (B) a component of the Pacific flyway.
            (3) Reclaiming the Salton Sea will provide national and 
        international benefits.
            (4) The Federal, State, and local governments have a shared 
        responsibility to assist in the reclamation of the Salton Sea.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Project'' means the Salton Sea reclamation 
        project authorized by section 101.
            (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 RECLAMATION PROJECT

SEC. 101. SALTON SEA RECLAMATION PROJECT AUTHORIZATION.

    (a) In General.--The Secretary, in accordance with this section, 
shall undertake a project to reclaim the Salton Sea, California.
    (b) Project Requirements.--The Project shall--
            (1) reduce and stabilize the overall salinity of the Salton 
        Sea to a level between 35 and 40 parts per thousand;
            (2) stabilize the surface elevation of the Salton Sea to a 
        level between 240 feet below sea level and 230 feet below sea 
        level;
            (3) reclaim, in the long term, healthy fish and wildlife 
        resources and their habitats;
            (4) enhance the potential for recreational uses and 
        economic development of the Salton Sea; and
            (5) ensure the continued use of the Salton Sea as a 
        reservoir for irrigation drainage.
    (c) Feasibility Study.--
            (1) In general.--The Secretary shall promptly initiate a 
        study of the feasibility of various options for meeting the 
        requirements set forth in subsection (b). The purpose of the 
        study shall be to select 1 or more practicable and cost-
        effective options and to develop a reclamation plan for the 
        Salton Sea that implements the selected options. The study 
        shall be conducted in accordance with the memorandum of 
        understanding under paragraph (5).
            (2) Options to be considered.--Options considered in the 
        feasibility study--
                    (A) shall consist of--
                            (i) use of impoundments to segregate a 
                        portion of the waters of the Salton Sea in 1 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; and
                            (iv) a combination of the options referred 
                        to in clauses (i), (ii), and (iii); and
                    (B) shall be limited to proven technologies.
            (3) 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. In that 
        consideration, the Secretary may apply a different cost-sharing 
        formula to capital construction costs than is applied to annual 
        operation, maintenance, energy, and replacement costs.
            (4) Selection of options and report.--Not later than 12 
        months after commencement of the feasibility study under this 
        subsection, the Secretary shall--
                    (A) submit to the Congress a report on the findings 
                and recommendations of the feasibility study, 
                including--
                            (i) a reclamation plan for the Salton Sea 
                        that implements the option or options selected 
                        under paragraph (1); and
                            (ii) specification of the construction 
                        activities to be carried out under subsection 
                        (d); and
                    (B) complete all environmental compliance and 
                permitting activities required for those construction 
                activities.
            (5) Memorandum of understanding.--(A) 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.
            (B) The memorandum of understanding shall, at a minimum, 
        establish criteria for evaluation and selection of options 
        under paragraph (1), including criteria for determining the 
        magnitude and practicability of costs of construction, 
        operation, and maintenance of each option evaluated.
    (d) Construction.--
            (1) Initiation.--Upon expiration of the 60-day period 
        beginning on the date of submission of the feasibility study 
        report under subsection (c)(4), and subject to paragraph (2) of 
        this subsection, the Secretary shall initiate construction of 
        the Project.
            (2) Cost-sharing agreement.--The Secretary may not initiate 
        construction of the Project unless, within the 60-day period 
        referred to in paragraph (1), the Secretary, the Governor of 
        California, and the Salton Sea Authority enter into an 
        agreement establishing a cost-sharing formula that applies to 
        that construction.
    (e) Determination of Method for Disposing of Pumped-Out Water.--The 
Secretary shall, concurrently with conducting the feasibility study 
under subsection (c), initiate a process to determine how and where to 
dispose permanently of water pumped out of the Salton Sea in the course 
of the Project.
    (f) Relationship to Other Law.--
            (1) Reclamation laws.--Activities authorized by this 
        section or any other law to implement the Project 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 and nonreturnable for purposes of 
        those laws. Activities carried out to implement the Project and 
        the results of those activities 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 section shall not be considered to 
        supersede or otherwise affect any treaty, law, or agreement 
        governing use of water from the Colorado River. All activities 
        to implement the Project under this section must be carried out 
        in a manner consistent with rights and obligations of persons 
        under those treaties, laws, and agreements.
            (3) Limitation on administrative and judicial review.--(A) 
        The actions taken pursuant to this title which relate to the 
        construction and completion of the Project, and that are 
        covered by the final environmental impact statement for the 
        Project issued under subsection (c)(4)(B), shall be taken 
        without further action under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
            (B) Subject to paragraph (2), actions of Federal agencies 
        concerning the issuance of necessary rights-of-way, permits, 
        leases, and other authorizations for construction and initial 
        operation of the Project shall not be subject to judicial 
        review under any law, except in a manner and to an extent 
        substantially similar to the manner and extent to which actions 
        taken pursuant to the Trans-Alaska Pipeline Authorization Act 
        are subject to review under section 203(d) of that Act (43 
        U.S.C. 1651(d)).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the Project the following:
            (1) For the feasibility study under subsection (c) and 
        completion of environmental compliance and permitting required 
        for construction of the Project, $22,500,000.
            (2) For construction of the Project, $300,000,000.

SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.

    (a) In General.--The Secretary shall provide for the conduct, 
concurrently with the feasibility study under section 101(c), 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 5 members 
        appointed as follows:
                    (A) 1 by the Secretary.
                    (B) 1 by the Governor of California.
                    (C) 1 by the Salton Sea Authority.
                    (D) 1 by the Torres Martinez Desert Cahuilla Tribal 
                Government.
                    (E) 1 appointed jointly by the California Water 
                Resources Center, the Los Alamos National Laboratory, 
                and the Salton Sea University Research Consortium.
    (c) Coordination.--The Secretary shall require that studies under 
this section are conducted in coordination with appropriate Federal 
agencies and California State agencies, including the California 
Department of Water Resources, California Department of Fish and Game, 
California Resources Agency, California Environmental Protection 
Agency, California Regional Water Quality Board, and California State 
Parks.
    (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 $5,000,000.

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.

SEC. 104. ALAMO RIVER AND NEW RIVER IRRIGATION DRAIN WATER.

    (a) River Enhancement.--The Secretary shall conduct research and 
implement actions, which may include river reclamation, to treat 
irrigation drainage water that flows into the Alamo River and New 
River, Imperial County, California.
    (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) Permit Exemption.--No permit shall be required under section 
402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) for 
actions taken under subsection (a).
    (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 $2,000,000.

      TITLE II--EMERGENCY ACTION TO STABILIZE SALTON SEA SALINITY

SEC. 201. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) High and increasing salinity levels in Salton Sea are 
        causing a collapse of the Salton Sea ecosystem.
            (2) Ecological disasters have occurred in the Salton Sea in 
        recent years, including the die-off of 150,000 eared grebes and 
        ruddy ducks in 1992, over 20,000 water birds in 1994, 14,000 
        birds in 1996, including more than 1,400 endangered brown 
        pelicans, and other major wildlife die-offs in 1998.
    (b) Purposes.--The purpose of this title is to provide an expedited 
means by which the Federal Government, in conjunction with State and 
local governments, will begin arresting the ecological disaster that is 
overcoming the Salton Sea.

SEC. 202. EMERGENCY ACTION REQUIRED.

    The Secretary shall promptly initiate actions to reduce the 
salinity levels of the Salton Sea, including--
            (1) salt expulsion by pumping sufficient water out of the 
        Salton Sea prior to December 1, 1998, to accommodate diversions 
        under paragraph (2); and
            (2) diversion into the Salton Sea of water available as a 
        result of high-flow periods in late 1998 and early 1999.
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