[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1761 Enrolled Bill (ENR)]

        S.1761

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
     To direct the Secretary of the Interior, through the Bureau of 
Reclamation, to conserve and enhance the water supplies of the Lower Rio 
                             Grande Valley.

    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 ``Lower Rio Grande Valley Water 
Resources Conservation and Improvement Act of 2000''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Commissioner.--The term ``Commissioner'' means the 
    Commissioner of the Bureau of Reclamation.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior, acting through the Commissioner.
        (3) State.--The term ``State'' means the Texas Water 
    Development Board and any other authorized entity of the State of 
    Texas.
        (4) Program area.--The term ``program area'' means--
            (A) the counties in the State of Texas in the Rio Grande 
        Regional Water Planning Area known as Region ``M'' as 
        designated by the Texas Water Development Board; and
            (B) the counties of Hudspeth and El Paso, Texas.
SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM.
    (a) In General.--The Secretary, acting pursuant to the Reclamation 
Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory 
thereof and supplementary thereto, shall undertake a program in 
cooperation with the State, water users in the program area, and other 
non-Federal entities, to investigate and identify opportunities to 
improve the supply of water for the program area as provided in this 
Act. The program shall include the review of studies or planning 
reports (or both) prepared by any competent engineering entity for 
projects designed to conserve and transport raw water in the program 
area. As part of the program, the Secretary shall evaluate alternatives 
in the program area that could be used to improve water supplies, 
including the following:
        (1) Lining irrigation canals.
        (2) Increasing the use of pipelines, flow control structures, 
    meters, and associated appurtenances of water supply facilities.
    (b) Program Development.--Within 6 months after the date of the 
enactment of this Act, the Secretary, in consultation with the State, 
shall develop and publish criteria to determine which projects would 
qualify and have the highest priority for financing under this Act. 
Such criteria shall address, at a minimum--
        (1) how the project relates to the near- and long-term water 
    demands and supplies in the study area, including how the project 
    would affect the need for development of new or expanded water 
    supplies;
        (2) the relative amount of water (acre feet) to be conserved 
    pursuant to the project;
        (3) whether the project would provide operational efficiency 
    improvements or achieve water, energy, or economic savings (or any 
    combination of the foregoing) at a rate of acre feet of water or 
    kilowatt energy saved per dollar expended on the construction of 
    the project; and
        (4) if the project proponents have met the requirements 
    specified in subsection (c).
    (c) Project Requirements.--A project sponsor seeking Federal 
funding under this program shall--
        (1) provide a report, prepared by the Bureau of Reclamation or 
    prepared by any competent engineering entity and reviewed by the 
    Bureau of Reclamation, that includes, among other matters--
            (A) the total estimated project cost;
            (B) an analysis showing how the project would reduce, 
        postpone, or eliminate development of new or expanded water 
        supplies;
            (C) a description of conservation measures to be taken 
        pursuant to the project plans;
            (D) the near- and long-term water demands and supplies in 
        the study area; and
            (E) engineering plans and designs that demonstrate that the 
        project would provide operational efficiency improvements or 
        achieve water, energy, or economic savings (or any combination 
        of the foregoing) at a rate of acre feet of water or kilowatt 
        energy saved per dollar expended on the construction of the 
        project;
        (2) provide a project plan, including a general map showing the 
    location of the proposed physical features, conceptual engineering 
    drawings of structures, and general standards for design; and
        (3) sign a cost-sharing agreement with the Secretary that 
    commits the non-Federal project sponsor to funding its 
    proportionate share of the project's construction costs on an 
    annual basis.
    (d) Financial Capability.--Before providing funding for a project 
to the non-Federal project sponsor, the Secretary shall determine that 
the non-Federal project sponsor is financially capable of funding the 
project's non-Federal share of the project's costs.
    (e) Review Period.--Within 1 year after the date a project is 
submitted to the Secretary for approval, the Secretary, subject to the 
availability of appropriations, shall determine whether the project 
meets the criteria established pursuant to this section.
    (f) Report Preparation; Reimbursement.--Project sponsors may choose 
to contract with the Secretary to prepare the reports required under 
this section. All costs associated with the preparation of the reports 
by the Secretary shall be 50 percent reimbursable by the non-Federal 
sponsor.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,000,000.

SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.

    (a) Project Implementation.--If the Secretary determines that any 
of the following projects meet the review criteria and project 
requirements, as set forth in section 3, the Secretary may conduct or 
participate in funding engineering work, infrastructure construction, 
and improvements for the purpose of conserving and transporting raw 
water through that project:
        (1) In the Hidalgo County, Texas Irrigation District #1, a 
    pipeline project identified in the Melden & Hunt, Inc. engineering 
    study dated July 6, 2000 as the Curry Main Pipeline Project.
        (2) In the Cameron County, Texas La Feria Irrigation District 
    #3, a distribution system improvement project identified by the 
    1993 engineering study by Sigler, Winston, Greenwood and 
    Associates, Inc.
        (3) In the Cameron County, Texas Irrigation District #2 canal 
    rehabilitation and pumping plant replacement as identified as Job 
    Number 48-05540-002 in a report by Turner Collie & Braden, Inc. 
    dated August 12, 1998.
        (4) In the Harlingen Irrigation District Cameron #1 Irrigation 
    District a project of meter installation and canal lining as 
    identified in a proposal submitted to the Texas Water Development 
    Board dated April 28, 2000.
    (b) Construction Cost Share.--The non-Federal share of the costs of 
any construction carried out under, or with assistance provided under, 
this section shall be 50 percent. Not more than 40 percent of the costs 
of such an activity may be paid by the State. The remainder of the non-
Federal share may include in-kind contributions of goods and services, 
and funds previously spent on feasibility and engineering studies.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000.

                               Speaker of the House of Representatives.

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