[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1716 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1716

      To direct the Secretary of the Interior, acting through the 
 Commissioner of Reclamation, to develop an action plan to restore the 
 Salton Sea in California and to conduct wildlife resource studies of 
 the Salton Sea, to authorize the Secretary to carry out a project to 
            restore the Salton Sea, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 1998

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
      To direct the Secretary of the Interior, acting through the 
 Commissioner of Reclamation, to develop an action plan to restore the 
 Salton Sea in California and to conduct wildlife resource studies of 
 the Salton Sea, to authorize the Secretary to carry out a project to 
            restore 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.

    This Act may be cited as the ``Sonny Bono Memorial Salton Sea 
Restoration Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Salton Sea, located in Imperial County and 
        Riverside County, California, is an economic and environmental 
        resource of national importance;
            (2) the Salton Sea is a critical component of the Pacific 
        flyway;
            (3) the concentration of salinity or pollutants in the 
        Salton Sea has contributed to the recent deaths of migratory 
        waterfowl;
            (4) the Salton Sea is critical as a reservoir for 
        irrigation and municipal and stormwater drainage;
            (5) the Salton Sea provides benefits to surrounding 
        communities and nearby irrigation and municipal water users;
            (6) remediating the Salton Sea will provide national and 
        international benefits; and
            (7) Federal, State, and local governments have a shared 
        responsibility to assist in remediating the Salton Sea.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Salton sea authority.--The term ``Salton Sea 
        Authority'' means the Joint Powers Authority established under 
        the laws of the State of California by a Joint Power Agreement 
        signed on June 2, 1993.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 4. SALTON SEA RESTORATION ACTION PLAN.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary, in accordance with the memorandum of 
understanding entered into under subsection (f), shall prepare an 
action plan for restoring the Salton Sea in California.
    (b) Contents.--The action plan shall consist of--
            (1) a study of the feasibility of various alternatives for 
        remediating the Salton Sea;
            (2) the selection of 1 or more practicable and cost-
        effective options for remediating the Salton Sea; and
            (3) the development of a remediation plan that will 
        implement the options.
    (c) Objectives.--In preparing the action plan, the Secretary shall 
evaluate options that will--
            (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 that is between 240 feet below sea level and 230 feet 
        below sea level;
            (3) restore habitat and reclaim water quality over the long 
        term to promote healthy fish and wildlife resources and their 
        habitats in the Salton Sea;
            (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 and municipal and stormwater drainage.
    (d) Options.--In evaluating options under the action plan, the 
Secretary shall--
            (1) consider--
                    (A) using impoundments to segregate a portion of 
                the waters of the Salton Sea in 1 or more evaporation 
                ponds located in the Salton Sea basin;
                    (B) pumping water out of the Salton Sea;
                    (C) augmenting the flow of water into the Salton 
                Sea;
                    (D) improving the quality of wastewater discharges 
                from Mexico (including discharges from the Alamo River, 
                the Whitewater River, and the New River) and from other 
                water users in the Salton Sea basin;
                    (E) implementing any other economically feasible 
                remediation options; and
                    (F) implementing any combination of the actions 
                described in subparagraphs (A) through (E); and
            (2) limit the options to economically feasible and proven 
        technologies.
    (e) Factors.--In evaluating the feasibility of options under the 
action plan, the Secretary shall consider--
            (1) the ability of Federal, tribal, State, and local 
        government sources and private entities to fund capital 
        construction costs and annual operation, maintenance, energy, 
        and replacement costs; and
            (2) how and where to dispose, permanently and safely, of 
        water pumped out of the Salton Sea and any salts that may be 
        condensed and accumulated in implementing the option.
    (f) Memorandum of Understanding.--
            (1) In general.--The Secretary shall carry out the action 
        plan under this section in accordance with a memorandum of 
        understanding entered into with the Salton Sea Authority, the 
        Governor of the State of California, and such other tribal or 
        local entities as the Secretary considers appropriate.
            (2) Criteria.--The memorandum of understanding shall, at a 
        minimum, establish criteria for the evaluation and selection of 
        options under this section, including criteria for determining 
        the magnitude and practicability of costs of construction, 
        operation, and maintenance of each evaluated option.
    (g) Relationship to Other Laws.--
            (1) Reclamation laws.--
                    (A) In general.--An option recommended by the 
                action plan shall not be subject to the Act of June 17, 
                1902, and Acts amendatory thereof or supplementary 
                thereto (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et 
                seq.) (including regulations adopted under those Acts).
                    (B) Nonreimbursable and nonreturnable.--Funds 
                provided to carry out the option shall be considered 
                nonreimbursable and nonreturnable.
            (2) Law of the river.--An option recommended by the action 
        plan--
                    (A) shall not supersede or otherwise affect any 
                treaty, law, or agreement governing use of water from 
                the Colorado River; and
                    (B) shall be carried out in a manner that is 
                consistent with rights and obligation of persons under 
                all such treaties, laws, and agreements.
    (h) Reports.--
            (1) Interim report.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall submit to 
        Congress an interim report on the findings and recommendations 
        of the action plan, including--
                    (A) a summary of options considered for remediating 
                the Salton Sea; and
                    (B) a recommendation of a preferred option for 
                remediating the Salton Sea.
            (2) Final report.--Not later than 18 months after the date 
        of enactment of this Act, the Secretary shall submit to 
        Congress a final report on the findings and recommendations of 
        the action plan, including--
                    (A) a plan to implement the preferred option;
                    (B) a recommendation for sharing costs to carry out 
                the preferred option, with (at the option of the 
                Secretary) a different cost-sharing formula for capital 
                construction costs than is applied to annual operation, 
                maintenance, energy, and replacement costs; and
                    (C) the completion of all environmental compliance 
                and permitting activities required for any construction 
activity under the preferred option.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000.

SEC. 5. SALTON SEA RESTORATION PROJECT.

    (a) In General.--Not later than 30 legislative days after the 
Secretary submits the final report required under section 4(h)(2), the 
Secretary shall have the authority to carry out a project for 
remediating the Salton Sea that is based on the preferred option 
recommended in the final report, unless otherwise directed by Congress.
    (b) Legislative Day.--In subsection (a), the term ``legislative 
day'' means any day on which either House of Congress is in session.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $300,000,000.

SEC. 6. SALTON SEA WILDLIFE RESOURCES STUDIES.

    (a) In General.--Concurrently with the action plan carried out 
under section 4, the Secretary shall enter into contracts, grants, and 
cooperative agreements with Federal and non-Federal entities to conduct 
studies recommended by the Salton Sea Research Management Committee 
under subsection (b)(1), including studies of hydrology, wildlife 
pathology, and toxicology relating to the wildlife resources of the 
Salton Sea.
    (b) Salton Sea Research Management Committee.--
            (1) In general.--The Secretary shall establish a committee, 
        to be known as the ``Salton Sea Research Management 
        Committee'', to make recommendations to the Secretary on the 
        selection of topics for studies under this section and 
        management of the studies.
            (2) Membership.--The Committee shall be composed of 4 
        members, of which--
                    (A) 1 member shall be appointed by the Secretary;
                    (B) 1 member shall be appointed by the Governor of 
                the State of California;
                    (C) 1 member shall be appointed by the Torres 
                Martinez Desert Cahuilla Tribal Government; and
                    (D) 1 member shall be appointed by the Salton Sea 
                Authority.
    (c) Coordination.--The Secretary shall ensure that studies under 
this section are conducted in coordination with appropriate 
international bodies, Federal agencies, and California State agencies, 
including--
            (1) the International Boundary and Water Commission;
            (2) the United States Fish and Wildlife Service;
            (3) the Environmental Protection Agency;
            (4) the California Department of Water Resources;
            (5) the California Department of Fish and Game;
            (6) the California Resources Agency;
            (7) the California Environmental Protection Agency;
            (8) the California Regional Water Quality Board; and
            (9) California State Parks.
    (d) Peer Review.--The Secretary shall require that studies 
conducted under this section be subject to peer review.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $7,000,000.

SEC. 7. REDESIGNATION OF SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS 
              THE SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE.

    (a) In General.--The Salton Sea National Wildlife Refuge, in 
Imperial County, California, shall be known and designated as the 
``Sonny Bono Salton Sea National Wildlife Refuge''.
    (b) References.--Any reference in a law, map, regulation, document, 
record, or other paper of the United States to the Refuge referred to 
in subsection (a) shall be deemed to be a reference to the ``Sonny Bono 
Salton Sea National Wildlife Refuge''.

SEC. 8. EMERGENCY ACTION TO STABILIZE SALTON SEA SALINITY.

    If, during the conduct of studies authorized by this Act, the 
Secretary determines that environmental conditions at the Salton Sea 
warrant immediate emergency action to stabilize the salinity of the 
Salton Sea, the Secretary shall immediately submit a report to Congress 
documenting the conditions and making recommendations for their 
remediation, together with specific recommendations for actions to be 
required and the cost of the actions.
                                 <all>