[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5123 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5123

 To address certain matters related to Colorado River water management 
    and the Salton Sea by providing funding for habitat enhancement 
          projects at the Salton Sea, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2002

  Mr. Hunter introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To address certain matters related to Colorado River water management 
    and the Salton Sea by providing funding for habitat enhancement 
          projects at 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 ``Colorado River Quantification 
Settlement Facilitation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) All american canal.--The term ``All American Canal'' 
        means the main canal and appurtenant structures in Southern 
        California authorized by the Boulder Canyon Project Act (43 
        U.S.C. 617 et seq.) for the delivery of water to the Imperial 
        Irrigation District and the Coachella Valley Water District.
            (2) California colorado river water use plan.--The term 
        ``California Colorado River Water Use Plan'' means that 
        document dated May 2000, prepared by the Colorado River Board 
        of the State of California and interested parties to address 
        the policies, programs, projects, actions, and other activities 
        dealing with safeguarding, protecting, and optimizing 
        California's Colorado River resources.
            (3) Coachella valley water district or cvwd.--The term 
        ``Coachella Valley Water District'' or ``CVWD'' means the 
        county water district by that name organized under the laws of 
        the State of California for the purpose of providing water 
        supplies and other services within the boundaries of that 
        district in the Coachella Valley and Imperial Valley, 
        California.
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the International Boundary and Water 
        Commission.
            (5) Covered activities.--The term ``Covered Activities'' 
        means those activities and actions identified in the Habitat 
        Conservation Plan as ``activities covered by the HCP'' or 
        ``covered activities''.
            (6) Covered species.--The term ``Covered Species'' means 
        those species identified in the Habitat Conservation Plan as 
        ``species covered by the HCP'' or ``covered species''.
            (7) Habitat conservation plan.--The term ``Habitat 
        Conservation Plan'' means the conservation plan developed by 
        the Imperial Irrigation District pursuant to subsection (b)(2) 
        of section 10 of the Endangered Species Act of 1973 (16 U.S.C. 
        1539(b)(2)) for the Quantification Settlement Agreement water 
        transfers and related actions.
            (8) Habitat conservation plan area.--The term ``Habitat 
        Conservation Plan Area'' means the ``HCP Area'' as identified 
        in the Habitat Conservation Plan.
            (9) Habitat enhancement projects.--The term ``Habitat 
        Enhancement Projects'' means those projects and actions 
        benefiting species using the Salton Sea area that are 
        identified in the Habitat Conservation Plan as ``habitat 
        enhancement projects''.
            (10) Ibwc.--The term ``IBWC'' means the International 
        Boundary and Water Commission.
            (11) Imperial irrigation district or iid.--The term 
        ``Imperial Irrigation District'' or ``IID'' means the 
        irrigation district by that name organized under the laws of 
        the State of California for the purpose of providing water 
        supplies, electric power, and other services within the 
        boundaries and power service area of that district in the 
        Imperial Valley and Coachella Valley, California.
            (12) Metropolitan water district of southern california or 
        mwd.--The term ``The Metropolitan Water District of Southern 
        California'' or ``MWD'' means the metropolitan water district 
        by that name organized under the laws of the State of 
        California for the purpose of supplying municipal, industrial, 
        and agricultural water to that area of southern California 
        within the boundaries of that district.
            (13) Quantification settlement agreement.--The term 
        ``Quantification Settlement Agreement'' means the agreement of 
        that title among the Quantification Settlement Agreement 
        Parties, the provisions of which are substantially as described 
        in the draft Quantification Settlement Agreement dated December 
        12, 2000, submitted for public review by the Quantification 
        Settlement Agreement Parties.
            (14) Quantification settlement agreement parties.--The term 
        ``Quantification Settlement Agreement Parties'' means IID, MWD, 
        and CVWD, and the State of California.
            (15) Salton sea authority.--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 Powers agreement signed on June 2, 1993.
            (16) San diego county water authority or sdcwa.--The term 
        ``San Diego County Water Authority'' or ``SDCWA'' means the 
        county water authority by that name organized under the laws of 
        the State of California for the purpose of supplying municipal, 
        industrial, and agricultural water within its boundaries in San 
        Diego County, California.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or any authorized representative of such 
        Secretary.

SEC. 3. SALTON SEA HABITAT ENHANCEMENT PROJECTS AND RESTORATION 
              FUNDING.

    (a) Authorization of Projects.--
            (1) In general.--The Secretary, acting in accordance with 
        this Act and through the Bureau of Reclamation, shall, except 
        as otherwise provided in this section, take all necessary 
        actions to--
                    (A) in order to satisfy the requirements of the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                for whatever action relating to the Salton Sea may be 
                required under that Act as a result of the 
                Quantification Settlement Agreement water transfers, 
                provide for the construction of the Habitat Enhancement 
                Projects; and
                    (B) provide for the construction of projects that 
                provide facilities at or near the Salton Sea for 
                hunting, fishing, bird watching, boating, and camping.
            (2) Consultation.--In implementing this subsection the 
        Secretary shall consult with local government entities and 
        public interest groups.
    (b) Coordination With Salton Sea Restoration Plan.--
            (1) Timing of construction.--In determining the timing of 
        construction of the Habitat Enhancement Projects under this 
        section, the Secretary shall be guided by the timing of 
        implementation of the Salton Sea restoration plan to be 
        developed pursuant to the Salton Sea Reclamation Act of 1998 
        (112 Stat. 3377).
            (2) Legislation implementing salton sea restoration 
        project.--(A) If legislation providing for implementation of a 
        long-term Salton Sea restoration project is enacted by the 
        Congress on or before December 31, 2007, the funds appropriated 
        under this section may be used by the Secretary, the Salton Sea 
        Authority, or both, for the implementation of the Salton Sea 
        restoration project in such manner as the Secretary, in 
        consultation with the Salton Sea Authority, determines is 
        consistent with such legislation.
            (B) If such legislation is not enacted by the Congress on 
        or before December 31, 2007, the Secretary, acting through the 
        Bureau of Reclamation, the Salton Sea Authority, or both, shall 
        proceed as soon after that date as is practicable to use the 
        funds appropriated under this section to construct the Habitat 
        Enhancement Projects independent of any long-term restoration 
        plan for the Salton Sea.
    (c) Facilitation of Projects.--The Secretary shall--
            (1) make available such public lands as are needed for the 
        development of any of the Habitat Enhancement Projects carried 
        out at the Salton Sea; and
            (2) consult with IID and CVWD in order to accommodate the 
        operations of IID and CVWD in the development of any of the 
        Habitat Enhancement Projects constructed on or adjacent to the 
        Salton Sea within their respective boundaries.
    (d) Wind Erosion Prevention Projects.--
            (1) In general.--The Secretary shall carry out projects 
        under this section that are necessary to prevent threats to 
        health or safety caused by wind erosion of portions of the 
        Salton Sea bed that become exposed as a direct result of the 
        receding of the Salton Sea because of increased conservation 
        measures that reduce runoff into the Sea from the New River and 
        the Alamo River.
            (2) Marsh creation and ground cover revegetation.--Projects 
        under this subsection shall include the creation of marshes and 
        planting of ground cover vegetation, including the creation of 
        marshes, planted fields, and other types of habitat for 
        waterfowl and other bird species.
            (3) Consultation.--In carrying out projects under this 
        subsection the Secretary shall consult local government 
        entities and public interest groups.
            (4) Use for recreational activities.--The Secretary, in 
        consultation with the California Department of Fish and Game, 
        shall keep open for public access lands on which projects are 
        carried out under this subsection, including for hunting, 
        fishing, birdwatching, and other recreational activities.
    (e) Authorization of Appropriations.--
            (1) In general.--For the purpose of constructing Habitat 
        Enhancement Projects under this section, there are authorized 
        to be appropriated to the Secretary $60,000,000.
            (2) Nonreimbursable expenditures.--Expenditure of amounts 
        appropriated under this section shall be considered a 
        nonreimbursable Federal expenditure.
            (3) Adjustment for inflation.--Amounts authorized for 
        appropriation by this subsection shall be adjusted for 
        inflation each fiscal year after the date of enactment of this 
        Act.

SEC. 4. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 1973.

    (a) Findings.--The Congress finds the following:
            (1) The Salton Sea Reclamation Act of 1998 (Public Law 105-
        372) recognized that--
                    (A) the Federal Government will bear the 
                responsibility for rehabilitation of the Salton Sea; 
                and
                    (B) such rehabilitation should be based on the 
                assumption that water conservation measures and 
                transfers out of the Salton Sea Basin could result in a 
                reduction of inflows to the Sea of up to 800,000 acre 
                feet per year.
            (2) Although the Federal Government will bear that 
        responsibility, IID, SDCWA, MWD, and CVWD should contribute a 
        combined total of $50,000,000 to mitigate the effects of the 
        water transfers on the Salton Sea.
    (b) Requirements Deemed Satisfied by Payment.--
            (1) such districts and authority--
                    (A) are deemed to have fulfilled all 
                responsibilities of the districts under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et. seq.) arising 
                from water transfers required by the Quantification 
                Settlement Agreement; and
                    (B) shall not be liable under any Federal law for 
                any penalty, or the payment of any additional amount, 
                with respect to such water transfers; and
            (2) the Secretary and the State of California shall carry 
        out all further responsibilities under law with respect to 
        those water transfers.
    (c) Satisfaction of Responsibilities by Secretary and State.--
            (1) In general.--The responsibilities of the Secretary and 
        the State under subsection (b)(2) shall be considered to be 
        satisfied if the Secretary, in consultation with the head of 
        the California Department of Fish and Game, implements a 
        rehabilitation plan for the Salton Sea pursuant to the 
        feasibility studies required to be completed under section 
        101(b) of the Salton Sea Reclamation Act of 1998 (Public Law 
        105-09372; 112 Stat. 3377).
            (2) Use of payment.--The Secretary may, subject to the 
        availability of appropriations, use amounts received by the 
        United States as a payment made under subsection (b) to 
        implement a rehabilitation plan pursuant to paragraph (1) of 
        this subsection.
    (d) Limitation on Review.--Notwithstanding any other law, no person 
may commence any judicial action or other administrative or judicial 
proceeding to contest, review, set aside, void, or annul the 
Secretary's approval of the water transfers and related actions that 
are necessary for the implementation of the Quantification Settlement 
Agreement, or any related Federal agency action, unless such person--
            (1) submitted written comments to the Secretary or a 
        designee of the Secretary in the public comment period for any 
        proposed approval or action for which a noticed public comment 
        period was provided pursuant to applicable law or regulations, 
        alleging with particularity the grounds for objections to such 
        a proposed approval or action; and
            (2)(A) in the case of an approval or permit under the 
        Endangered Species Act of 1973, filed an action in a United 
        States District Court within 90 days after the issuance of such 
        approval of permit;
            (B) in the case of an environmental impact statement under 
        the National Environmental Policy Act of 1969, filed an action 
        in a United States District Court within 90 days after the 
        issuance of a record of decision regarding that statement; or
            (C) in the case of any other approval or action subject to 
        this subsection, filed an action in a United States District 
        Court within 90 days after such action is taken.

SEC. 5. OFF-STREAM WATER MANAGEMENT RESERVOIRS AND ASSOCIATED 
              FACILITIES NEAR THE ALL AMERICAN CANAL.

    (a) Construction Requirement.--
            (1) In general.--The Secretary, acting through the Bureau 
        of Reclamation and the Bureau of Land Management, shall 
        exercise existing authority to operate and maintain the 
        Colorado River front work and levee system under section 4 of 
        the Act of January 21, 1927 (chapter 47; 44 Stat. 1010), and 
        other Acts relating to that authority, to take all necessary 
        actions to provide for the construction of off-stream water 
        management reservoirs and associated facilities near the All 
        American Canal.
            (2) Coordination with all american canal work.--The 
        Secretary shall coordinate construction of the reservoirs and 
        associated facilities with the construction of a lined All 
        American Canal pursuant to title II of the Act of November 17, 
        1988 (Public Law 100-675; 102 Stat. 4005).
            (3) Construction by iid.--The Secretary shall authorize IID 
        to carry out construction of the reservoirs and associated 
        facilities under this subsection if IID enters into an 
        agreement with the Secretary that addresses, among other 
        matters considered appropriate by the Secretary, the following:
                    (A) The procedures and requirements for approval 
                and acceptance by the Secretary of such works, 
                including approval of the quality of construction.
                    (B) Any measures the Secretary considers necessary 
                to protect public health and safety.
                    (C) Any mitigation measures the Secretary considers 
                necessary for the protection of fish and wildlife 
                resources.
            (4) Construction on non-federal lands.--The off-stream 
        water management reservoirs shall be constructed under this 
        section on lands owned by IID. For purposes of this paragraph, 
        the Secretary, acting through the Bureau of Land Management, 
        shall coordinate with IID to exchange Federal lands with lands 
        owned by IID pursuant to existing land exchange authority in 
        section 206 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1716) and any other applicable Federal law.
            (5) Operating agreement.--Prior to the completion of 
        construction under this subsection, the Secretary shall enter 
        into an operating agreement with IID to arrange for appropriate 
        operation of the off-stream water management reservoirs so as 
        to provide for such matters as regulating river flows, 
        furthering water conservation and hydropower generation, 
        preventing the loss of Lake Mead storage, and facilitating any 
        arrangements with Mexico developed pursuant to subsection (b).
    (b) Cooperation With Mexico.--The Secretary shall consult with the 
Commissioner to determine whether the off-stream water management 
reservoirs and associated facilities constructed under this section may 
be of assistance, on the basis of comity, to Mexico in addressing its 
Colorado River water supply management needs. In carrying out this 
subsection, the Secretary and the Commissioner shall consult with IID, 
CVWD, MWD, and SDCWA.
    (c) Initiation of Construction; Progress Report.--
            (1) In general.--The Secretary shall provide for the 
        initiation of construction of the water management reservoirs 
        and associated facilities under this section by June 30, 2003.
            (2) Report.--Not later than December 31, 2003, the 
        Secretary shall submit a report on the progress of construction 
        of the reservoirs and associated facilities, and the resolution 
        with Mexico of any related water management issues, to the 
        Committee of Resources of the House of Representatives and the 
        Committee of Energy and Natural Resources of the Senate.
            (3) Preconstruction activities authorized.--This subsection 
        is not intended to prohibit the Secretary from proceeding with 
        all necessary preconstruction activities, including site 
        selection, engineering and design, and necessary environmental 
        compliance.
    (d) Authorization of Appropriation.--For constructing off-stream 
water management reservoirs and associated facilities under this 
section, there are authorized to be appropriated to the Secretary 
$53,000,000. Expenditure of amounts appropriated under this section 
shall be considered a nonreimbursable Federal expenditure.

SEC. 6. TERMINATION OF AUTHORITIES AND PERMITS.

    This Act, including any incidental take permits and other approvals 
issued under the Endangered Species Act of 1973 pursuant to section 4, 
shall terminate and be of no force or effect after December 31, 2002, 
unless the Quantification Settlement Agreement is in effect on or 
before December 31, 2002, and remains in effect.

SEC. 7. RESERVATION OF RIGHTS AND OBLIGATIONS WITH RESPECT TO THE 
              COLORADO RIVER.

    This Act shall not be construed to supersede or otherwise affect 
any treaty, law, decree, contract, or agreement governing use of water 
from the Colorado River. All activities undertaken pursuant to this Act 
shall be carried out in a manner consistent with the rights and 
obligations of persons under those treaties, laws, decrees, contracts, 
and agreements.

SEC. 8. RELATION TO RECLAMATION LAW.

    For the purposes of section 203(a) of the Reclamation Reform Act of 
1982 (96 Stat. 1264), any contract or agreement entered into pursuant 
to this Act shall not be treated as a contract entered into or amended 
subsequent to the date of enactment of that Act.

SEC. 9. PROTECTION FROM LIABILITY.

    IID, CVWD, MWD, SDCWA, and the Salton Sea Authority and its member 
agencies shall not be liable for damages of any kind arising from the 
effects to the Salton Sea or its bordering area resulting from--
            (1) cooperation with the Secretary in regard to any 
        actions, programs, or projects implemented pursuant to this 
        Act; or
            (2) any actions that directly or indirectly reduce the 
        volume of water that flows into the Salton Sea.
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