[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5460 Engrossed in House (EH)]


  2d Session

                               H. R. 5460

_______________________________________________________________________

                                 AN ACT

To reauthorize and amend the Federal Water Project Recreation Act, and 
                          for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 5460

_______________________________________________________________________

                                 AN ACT


 
To reauthorize and amend the Federal Water Project Recreation Act, 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 ``Reclamation Recreation Management 
Act of 2002''.

SEC. 2. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION ACT.

    (a) Congressional Policy.--The first section of the Federal Water 
Project Recreation Act (16 U.S.C. 460l-12) is amended by striking 
``public bodies'' and inserting ``entities''.
    (b) Allocation of Costs.--Section 2 of the Federal Water Project 
Recreation Act (16 U.S.C. 460l-13) is amended--
            (1) in subsection (a) by striking ``, before authorization 
        of a project,'';
            (2) in subsection (a), by striking ``public bodies'' and 
        inserting ``entities'' and by striking ``Projects authorized 
        during the calendar year'' and all that follows to the end of 
        the subsection;
            (3) in subsection (b) by striking ``non-Federal interests'' 
        each place it appears and inserting ``non-Federal entities'';
            (4) in subsection (b)(2)--
                    (A) by striking ``: Provided, That the source of 
                repayment may be limited to'' and inserting ``. The 
                source of repayment may include''; and
                    (B) by inserting ``and retained'' after 
                ``collected''; and
            (5) in subsection (b)(2) by adding at the end the 
        following: ``Fees and charges may be collected, retained and 
        used by the non-Federal entities for operation, maintenance, 
        and replacement of recreation facilities on project lands and 
        waters being managed by the non-Federal entities. As 
        established by the Secretary, any excess revenues will be 
        credited to the Reclamation Fund to remain available, without 
        further Act of appropriation, to support recreation development 
        and management of Bureau of Reclamation land and water 
        areas.''.
    (c) Recreation and Fish and Wildlife Enhancement.--Section 3 of the 
Federal Water Project Recreation Act (16 U.S.C. 460l-14) is amended--
            (1) by striking subsection (a), redesignating subsection 
        (b) as subsection (a), and inserting after subsection (a) (as 
        so redesignated) the following:
    ``(b) In the absence of a non-Federal managing partner, the 
Secretary of the Interior, acting through the Commissioner of 
Reclamation, is authorized, as a part of any water resource development 
project under the Secretary's control heretofore or hereafter 
authorized or reauthorized, to investigate, plan, construct, replace, 
manage, operate and maintain or otherwise provide for public use and 
enjoyment of project lands, facilities, and water areas in a manner 
coordinated with the other project purposes; the costs of which are 
nonreimbursable.'';
            (2) in subsection (a) (as so redesignated)--
                    (A) by inserting ``or enhance'' after ``project 
                construction to preserve'';
                    (B) by striking ``enhancement potential'' each 
                place it appears and inserting ``resources'';
                    (C) by striking ``public bodies'' each place it 
                appears and inserting ``entities'';
                    (D) by striking ``public body'' and inserting 
                ``entity''; and
                    (E) by striking ``or, in the absence thereof, will 
                not detract from that potential'';
            (3) in subsection (c)(1)(B) by striking ``public body'' 
        each place it appears and inserting ``entity''; and
            (4) by adding at the end of subsection (c) the following:
    ``(3) In the absence of a non-Federal managing partner, the 
Secretary of the Interior, acting through the Commissioner of 
Reclamation, may modify or expand existing facilities, the costs of 
which are nonreimbursable.''.
    (d) Lease of Facilities.--
            (1) Repeal.--Section 4 of the Federal Water Project 
        Recreation Act (16 U.S.C. 460l-15) is repealed, and sections 5 
        through 12 of such Act are redesignated as sections 4 through 
        11, respectively.
            (2) Conforming amendment.--Section 6(e) of the Federal 
        Water Project Recreation Act (16 U.S.C. 460l-17(e)) is amended 
        by striking ``4, and 5'' and inserting ``, and 4''.
    (e) Post Authorization Development.--Section 5 of the Federal Water 
Project Recreation Act (16 U.S.C. 460l-16) is amended by striking 
``public bodies'' and inserting ``entities''.
    (f) Provision of Facilities.--Section 7 of the Federal Water 
Project Recreation Act (16 U.S.C. 460l-18) is amended--
            (1) in subsection (e) by striking ``and 5'' and inserting 
        ``and between 3 and 4'';
            (2) in subsection (g) by striking ``3(b)'' and inserting 
        ``3(a)''; and
            (3) in subsection (h) by striking ``public bodies'' and 
        inserting ``entities''; and by striking ``3(b)'' and inserting 
        ``3(a)''.
    (g) Miscellaneous Reports.--Section 6 of the Federal Water Project 
Recreation Act (16 U.S.C. 460l-17) is amended by adding at the end the 
following:
    ``(i) Amounts collected under section 2805 of Public Law 102-575 
for admission to or recreation use of project land and waters shall be 
deposited in a special account in the Reclamation Fund and remain 
available to the Commissioner of Reclamation without further 
appropriation until expended. Such funds may be used for the 
development, reconstruction, replacement, management, and operation of 
recreation resources on project lands and waters with not less than 60 
percent being used at the site from which the fees were collected.''.
    (h) Management for Recreation, Fish and Wildlife, and Other 
Resources.--Section 7 of the Federal Water Project Recreation Act (16 
U.S.C. 460l-18) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is authorized, in conjunction with any 
water resource development project heretofore or hereafter constructed 
or which is otherwise under the Secretary's control, to--
            ``(1) investigate, plan, design, construct, replace, 
        manage, operate, and maintain or otherwise provide for 
        recreation and fish and wildlife enhancement facilities and 
        services, the costs of which may be nonreimbursable;
            ``(2) provide for public use and enjoyment of project 
        lands, facilities, and water areas in a manner coordinated with 
        the other project purposes, including by entering into grants, 
        cooperative agreements, and similar instruments with non-
        Federal entities, without cost sharing, for recreation projects 
        and activities; and
            ``(3) to acquire or otherwise make available such adjacent 
        lands or interests therein as are necessary for public 
        recreation or fish and wildlife use.'';
            (2) in subsection (b)--
                    (A) by inserting ``, acting through the 
                Commissioner of Reclamation,'' after ``the Secretary of 
                the Interior'';
                    (B) by inserting ``and management'' after 
                ``administration'';
                    (C) by striking ``lease''; and
                    (D) by adding at the end the following: ``All such 
                agreements or contracts for administration or 
                management shall identify the terms and conditions of 
                administration, management, and use, approvals required 
                from Bureau of Reclamation, and assure public access to 
                project lands managed for recreation.'';
            (3) by adding at the end the following:
    ``(d) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is also authorized to enter into 
agreements with other non-Federal entities for recreation and 
concession management at Bureau of Reclamation projects. All such 
agreements or contracts for management shall identify the terms and 
conditions of management and use, approvals required from the Bureau of 
Reclamation, and assure public access to project lands managed for 
recreation.''; and
    ``(e) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is authorized to approve the 
administration, management, and use of Bureau of Reclamation lands, 
waters, and the resources thereon by means of easements, leases, 
licenses, contracts, permits, and other forms of conveyance 
instruments.
    ``(f) The Secretary of the Interior, acting through the 
Commissioner of Reclamation, is authorized to produce, sell, or 
otherwise make available to the public: information about Bureau of 
Reclamation programs including publications, photographs, computer 
discs, maps, brochures, posters, videos, and other memorabilia related 
to the Bureau of Reclamation, and the natural, historic, and cultural 
resources of the area; and, other appropriate and suitable merchandise 
to enhance the public's use of the area. Income from such sales shall 
be credited to the Reclamation Fund to remain available, without 
further Act of appropriation, to pay costs associated with the 
production and sale of items, and any remaining revenue shall be 
available, without further Act of appropriation, to support recreation 
development and management of Bureau of Reclamation land and water 
areas.''.
    (i) Definitions.--Section 10 of the Federal Water Project 
Recreation Act (16 U.S.C. 460l-21) is amended by adding at the end the 
following:
    ``(f) The term `non-Federal entity' means non-Federal public 
bodies, nonprofit organizations, Indian tribes, or entities within the 
private sector.''.
    (j) Authorization of Appropriations.--The Federal Water Project 
Recreation Act (16 U.S.C. 460l-12 et seq.) is amended by redesignating 
section 11 (as redesignated by subsection (d) of this section) as 
section 12, and by inserting after section 10 the following:

``SEC. 11. AVAILABILITY OF APPROPRIATIONS.

    ``Funds appropriated under this section may remain available until 
expended.''.
    (k) Limitation on Application.--This section and the amendments 
made by this section shall apply only to water resource development 
projects under the control of the Secretary of the Interior.

SEC. 3. RECREATIONAL FACILITIES AT LOST CREEK RESERVOIR.

    (a) Construction of Facilities.--As soon as practicable after funds 
are made available for this section, the Secretary of the Interior 
shall construct recreational facilities at Lost Creek Reservoir in 
Utah.
    (b) Maintenance and Operation of Facilities.--Construction of 
recreational facilities under subsection (a) shall begin only after the 
Secretary has entered into a cooperative agreement with the State of 
Utah that provides for the operation and maintenance of the 
recreational facilities.
    (c) Cost Sharing.--The Federal share of the cost of construction 
carried out under this section shall be 50 percent.

SEC. 4. TECHNICAL CORRECTION.

    Section 1(g) of Public Law 107-69 (115 Stat. 595) is amended by 
striking ``section 2(c)(1)'' and inserting ``subsection (c)(1)''.

SEC. 5. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER RECLAMATION AND 
              REUSE PROJECT.

    (a) Authorization of Project.--The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 
U.S.C. 390h et seq.) is amended by adding at the end the following:

``SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND REUSE PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City 
of Austin Water and Wastewater Utility, Texas, is authorized to 
participate in the planning (including an appraisal and feasibility 
study), design, and construction of, and land acquisition for, a 
project to reclaim and reuse wastewater, including degraded 
groundwaters, within and outside of the service area of the City of 
Austin Water and Wastewater Utility, Texas.
    ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.''.
    (b) Clerical Amendment.--The table of contents in section 2 of 
Public Law 102-575 (106 Stat. 4600) is amended by adding at the end of 
the items relating to chapter XVI the following:

``Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.''.

SEC. 6. WILLARD BAY RESERVOIR ENLARGEMENT STUDY.

    (a) Authorization of Feasibility Study.--Pursuant to the 
reclamation laws, the Secretary of the Interior, through the Bureau of 
Reclamation, may conduct a feasibility study on raising the height of 
Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir 
for the development of additional storage to meet water supply needs 
within the Weber Basin Project area. The feasibility study shall 
include such environmental evaluation as required under the National 
Environmental Policy Act of 1969 and a cost allocation as required 
under the Reclamation Projects Act of 1939.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit a report on the results of the 
study to the Congress for review and approval.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $2,000,000.

SEC. 7. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.

    (a) Authorization of Cooperative and Interagency Agreements.--
Section 3(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note) is amended in the first sentence by inserting ``and cooperative 
and interagency agreements'' after ``contracts''.
    (b) Authorization of Appropriations.--Section 8 of such Act is 
amended--
            (1) in subsection (a) by striking ``1997 through 2002'' and 
        inserting ``2003 through 2008''; and
            (2) in subsection (b) by striking ``$25,000,000 for fiscal 
        years 1997 through 2002'' and inserting ``$25,000,000 for 
        fiscal years 2003 through 2008''.

            Passed the House of Representatives October 1, 2002.

            Attest:

                                                                 Clerk.