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





                                                 Union Calendar No. 348

105th CONGRESS

  2d Session

                               H. R. 3267

                      [Report No. 105-621, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 14, 1998

      Reported with an amendment and referred to the Committee on 
 Transportation and Infrastructure for a period ending not later than 
  July 14, 1998, for consideration of such provisions of the bill and 
amendment as fall within the jurisdiction of that committee pursuant to 
                          clause 1(q), rule X

                             July 14, 1998

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed





                                                 Union Calendar No. 348
105th CONGRESS
  2d Session
                                H. R. 3267

                      [Report No. 105-621, Part I]

 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

                             July 14, 1998

      Reported with an amendment and referred to the Committee on 
 Transportation and Infrastructure for a period ending not later than 
  July 14, 1998, for consideration of such provisions of the bill and 
amendment as fall within the jurisdiction of that committee pursuant to 
                          clause 1(q), rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 14, 1998

     Additional sponsors: Mr. Gingrich, Mr. Dreier, Mr. Riggs, Mr. 
 Nethercutt, Mr. Bilbray, Mr. McKeon, Mr. Frank of Massachusetts, Mrs. 
Tauscher, Mr. Cunningham, Mr. Packard, Mr. English of Pennsylvania, Mr. 
Wolf, Mr. Ewing, Mr. Jenkins, Mr. Faleomavaega, Mr. King, Mr. Ney, Mrs. 
  Bono, Mr. Martinez, Ms. Pryce of Ohio, Mr. Boehner, Mr. Tauzin, Mr. 
  Ehrlich, Mr. Pombo, Mr. Burton of Indiana, Mr. Klug, Mr. Quinn, Mr. 
 McHugh, Mr. Radanovich, Mr. Buyer, Mr. Spence, Mr. Watts of Oklahoma, 
                             and Mr. Saxton

                             July 14, 1998

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 25, 1998]

_______________________________________________________________________

                                 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.
Sec. 3. Definitions.

                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. Relationship to other laws and agreements governing the 
                            Colorado River.

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

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

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;
            (2) stabilize the surface elevation of the Salton Sea;
            (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.--(A) 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.
            (B)(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 (A), including criteria for determining 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--
                            (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;
                            (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;
                    (B) shall be limited to proven technologies; and
                    (C) shall not include any option that--
                            (i) develops or promotes an ongoing 
                        reliance on Colorado River water; or
                            (ii) is inconsistent with section 104 (b) 
                        or (c).
            (3) Project design calculations.--In making Project design 
        calculations, the Secretary shall apply assumptions regarding 
        water inflows into the Salton Sea Basin that--
                    (A) encourage water conservation;
                    (B) account for transfers of water out of the 
                Salton Sea Basin;
                    (C) are based on the maximum likely reduction in 
                inflows into the Salton Sea Basin; and
                    (D) include the assumption that inflows into the 
                Salton Sea Basin could be reduced to 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. In that 
        consideration, the Secretary may apply a cost sharing formula 
        to annual operation, maintenance, energy, and replacement costs 
        that is different than the formula that applies to construction 
        costs under subsection (e).
            (5) Report and plan.--Not later than 18 months after 
        commencement of the feasibility study under this subsection, 
        the Secretary shall--
                    (A) submit to the Committee on Resources of the 
                House of Representatives and the Committee on Energy 
                and Natural Resources of the Senate a report on the 
                findings and recommendations of the feasibility study, 
                including--
                            (i) the reclamation plan for the Salton Sea 
                        pursuant to paragraph (1), including a cost 
                        sharing formula for operation and maintenance; 
                        and
                            (ii) complete specifications of the 
                        construction activities to be carried out under 
                        subsection (e), that are sufficient to use for 
                        soliciting bids for those activities, including 
                        professional engineering and design 
                        specifications and drawings and professional 
                        engineer cost estimates; and
                    (B) complete all environmental compliance and 
                permitting activities required for those construction 
                activities.
    (d) Congressional Review and Revision of Plan.--
            (1) Review.--After receipt of the report of the Secretary 
        under subsection (c)(5), each of the Committees shall--
                    (A) approve or disapprove the reclamation plan 
                included in the report;
                    (B) amend such plan and approve it, as amended; or
                    (C) return the plan to the Secretary with such 
                recommended changes as the committee considers 
                appropriate.
            (2) Revision.--After receipt of recommendations under 
        paragraph (1)(C) from a committee, the Secretary shall revise 
        and resubmit the reclamation plan to the Committees.
    (e) Construction.--
            (1) Initiation.--Upon approval of a reclamation plan by the 
        Committees and subject to paragraph (2) of this subsection and 
        the availability of appropriations, the Secretary shall 
        initiate construction of the Project.
            (2) Cost sharing.--The Federal share of the costs of 
        construction of the Project shall not exceed 50 percent of the 
        total cost of that construction.
            (3) Cost sharing agreement.--The Secretary may not initiate 
        construction of the Project unless the Secretary, the Governor 
        of California, and the Salton Sea Authority enter into an 
        agreement that--
                    (A) adopts the cost sharing formula for annual 
                operation, maintenance, energy, and replacement costs 
                that is included in the reclamation plan approved by 
                the Committees under subsection (d); and
                    (B) implements the cost sharing requirement under 
                paragraph (2) of this subsection for construction 
                costs.
            (4) Limitation on expenditure of federal funds.--No Federal 
        funds may be expended for any construction activity under the 
        Project unless there are available to the Secretary from non-
        Federal sources amounts sufficient to pay the non-Federal share 
        of the cost of the activity.
    (f) Relationship to Other Law.--
            (1) Reclamation laws.--Activities authorized by this Act 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 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 Act 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 Act must be carried out in 
        a manner consistent with rights and obligations of persons 
        under those treaties, laws, and agreements.
            (3) Judicial review.--Any complaint or challenge of any 
        decision, action, or authorization taken pursuant to this Act 
        shall be filed in a United States district court within 30 days 
        following the date of the decision, action, or the 
        authorization. Such court shall have jurisdiction to resolve 
        any complaint or challenge in accordance with chapter 7 of 
        title 5, United States Code, except that the court shall 
        expedite its review as necessary to ensure that remedial 
        actions at the Salton Sea are not unduly or inappropriately 
        delayed. In connection with expediting judicial review, the 
        court shall not delay ruling upon a request for a temporary 
        restraining order or preliminary injunction for more than 30 
        days after the date of the filing of such request. If a 
        temporary restraining order or preliminary injunction is 
        entered into by a court, the court shall proceed to a final 
        judgment in the matter within 90 days thereafter.
            (4) Limitation on liability.--(A) In regard to any actions, 
        programs, or projects implemented by the Secretary under the 
        authority of this Act, the Imperial Irrigation District and 
        Coachella Valley Water District shall not be liable for any 
        damages arising from--
                    (i) enlargement of the Salton Sea and the 
                encroachment of water onto adjacent lands;
                    (ii) reduction of the elevation of the Salton Sea, 
                including exposure of lakebed sediments to the 
                environment; or
                    (iii) any other occurrence which might result in a 
                claim of damage by any owner of property adjacent to 
                the Salton Sea or any other person.
            (B) No person, including the Imperial Irrigation District, 
        California, the Coachella Valley Water District, California, 
        the Salton Sea Authority, the Metropolitan Water District of 
        Southern California, and the San Diego County Water Authority, 
        but not including the Government of the United States, shall 
be liable for damages arising from any effects to the Salton Sea or its 
bordering area resulting from--
                    (i) cooperation with the Secretary in regard to any 
                actions, programs, or projects implemented pursuant to 
                this Act;
                    (ii) any action to comply with an order of the 
                Secretary under this Act, a State or Federal court, or 
                a State or Federal administrative or regulatory agency 
                interpreting this Act; or
                    (iii) any other action that reduces the volume of 
                water that flows directly or indirectly into the Salton 
                Sea.
            (C) This title shall not be construed to exempt any person, 
        including the Imperial Irrigation District, California, the 
        Coachella Valley Water District, California, the Salton Sea 
        Authority, the Metropolitan Water District of Southern 
        California, and the San Diego County Water Authority, from--
                    (i) any requirements established under the 
                California Environmental Quality Act or the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); or
                    (ii) any obligations otherwise imposed by law.
            (D) The limitation on liability of the United States 
        contained in section 3 of the Act entitled ``An Act For the 
        control of floods on the Mississippi River and its tributaries, 
        and for other purposes'', approved May 15, 1928 (chapter 569; 
        33 U.S.C. 702c), shall not apply to surplus flood flows that 
        are diverted to the Salton Sea pursuant to this Act.
    (g) Committees Defined.--In this section, the term ``Committees'' 
means the Committee on Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out the Project the following:
                    (A) For the feasibility study under subsection (c), 
                including preparation and any revision of the 
                reclamation plan under subsections (c) and (d), and 
                completion of environmental compliance and permitting 
                required for construction of the Project, $22,500,000.
                    (B) For construction of the Project in accordance 
                with a reclamation plan approved by the Committees, 
                $350,000,000.
            (2) Allocation of appropriations.--Amounts authorized under 
        paragraph (1)(B) may be appropriated to the Administrator of 
        the Environmental Protection Agency or the Secretary of the 
        Interior (or any combination thereof).
            (3) Appropriations to the administrator of the 
        environmental protection agency.--Amounts appropriated under 
        paragraph (1)(B) to the Administrator of the Environmental 
        Protection Agency shall be directly available to the Secretary.
            (4) Appropriations to the secretary of the interior.--
        Amounts appropriated under paragraph (1)(B) to the Secretary 
        may be--
                    (A) derived from the land and water conservation 
                fund;
                    (B) appropriated to the Bureau of Reclamation; or
                    (C) any combination of subparagraphs (A) and (B);
        as specified in appropriations Acts.

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 the 
        following 5 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 from the land and water conservation fund $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. RELATIONSHIP TO OTHER LAWS AND AGREEMENTS GOVERNING THE 
              COLORADO RIVER.

    (a) Preservation of Rights and Obligations With Respect to the 
Colorado River.--Nothing in this Act shall be construed to alter, 
amend, repeal, modify, interpret, or to be in conflict with the 
provisions of the Colorado River Compact (45 Stat. 1057), the Upper 
Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 
with Mexico (Treaty Series 944, 59 Stat. 1219 and Minute 242 
thereunder), the Colorado River Basin Salinity Control Act of 1974 (94 
Stat. 1063), the Flood Control Act of 1944 (58 Stat. 887), the decree 
entered by the United States Supreme Court in Arizona v. California, et 
al. (376 U.S. 340) (1964) and decrees supplemental thereto, the Boulder 
Canyon Project Act (45 Stat. 1057), the Boulder Canyon Project 
Adjustment Act (45 Stat. 774), the Colorado River Storage Project Act 
(70 Stat. 105), the Colorado River Basin Project Act (82 Stat. 885), 
including the Criteria for Coordinated Long Range Operation of Colorado 
River Reservoirs and the Annual Operating Plans developed thereunder, 
the San Luis Rey Indian Water Rights Settlement Act (102 Stat. 4000), 
any contract entered into pursuant to section 5 of the Boulder Canyon 
Project Act, or any other entitlement to the use of the Colorado River 
existing pursuant to or recognized by Federal law. Furthermore, nothing 
contained in this Act shall be construed as indicating an intent on the 
part of the Congress to change the existing relationship of Federal law 
to the laws of the States or political subdivisions of a State with 
regard to the diversion and use of Colorado River water, or to relieve 
any person of any obligation imposed by any law of any State, tribe, or 
political subdivision of a State. No provision of this Act shall be 
construed to invalidate any provision of State, tribal, or local law 
unless there is a direct conflict between such provision and the law of 
the State, or political subdivision of the State or tribe, so that the 
two cannot be reconciled or consistently stand together.
    (b) Limitation on Colorado River Water.--Nothing in this Act shall 
be construed to enlarge an existing entitlement or to create a new 
entitlement to Colorado River water for California or any user therein.
    (c) Flood Flows.--In no event shall Colorado River water be 
diverted for Salton Sea restoration except as provided in this 
subsection. Diversion into the All-American Canal for delivery directly 
to the Salton Sea of flood flows in the Colorado River that are 
required by the Water Control Manual for Flood Control, Hoover Dam and 
Lake Mead, Colorado River, Nevada-Arizona, adopted February 8, 1984, 
and which would pass to Mexico in excess of the amount required to be 
delivered pursuant to the Mexican Water Treaty and Minute 242 
thereunder may be made available to carry out the purposes of this Act. 
The volume of water diverted pursuant to this subsection shall be 
limited to the excess capacity of the All-American Canal to carry such 
flood flows after, and as, it has been used to meet existing 
obligations. The diversion of water from time to time under this 
subsection shall not give rise to any ongoing right to the recurrent 
use of such waters or the All American Canal or facilities.

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

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

    (a) River Enhancement.--
            (1) In general.--The Secretary shall promptly conduct 
        research and implement actions, which may include river 
        reclamation and wetlands development, to create systems 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, and interests in real property (including site 
        access) 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) Permit Exemption.--
            (1) Congressional intent.--Due to recent and ongoing 
        wildlife die-offs and the impending collapse of the Salton Sea 
        ecosystem, it is the intent of Congress to provide an expedited 
        process to begin to arrest the ecological disaster that is 
        overcoming the Salton Sea.
            (2) 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)(1).
            (3) Limitation.--This subsection shall not be construed to 
        affect the application of section 402 of the Federal Water 
        Pollution Control Act to any action other than an action taken 
        under subsection (a)(1).
    (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 from the land 
and water conservation fund $3,000,000.