I 108th CONGRESS 2d Session H. R. 4606 IN THE HOUSE OF REPRESENTATIVES June 17, 2004 Mr. Baca (for himself, Mrs. Napolitano, Mr. Calvert, Ms. Millender-McDonald, Ms. Linda T. Sánchez of California, and Mr. Gary G. Miller of California) introduced the following bill; which was referred to the Committee on Resources A BILL To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes.

1.

Short title

This Act may be cited as the Southern California Groundwater Remediation Act.

2.

Definitions

For the purposes of this Act: (1)

Groundwater remediation

The term groundwater remediation means actions that are necessary to prevent, minimize, clean up, or mitigate damage to groundwater. (2)

Local water authority

The term local water authority means a currently existing (on the the date of the enactment of this Act) public water district, public water utility, public water planning agency, municipality, or Indian Tribe located within the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. (3)

Remediation fund

The term Remediation Fund means the Southern California Basins Groundwater Remediation Fund established pursuant to section 3(a). (4)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Southern California basins remediation

(a)

Southern California Basins Remediation

(1)

Establishment of remediation fund

There shall be established within the Treasury of the United States an interest bearing account to be known as the Southern California Basins Groundwater Remediation Fund. (2)

Administration of remediation fund

The Remediation Fund shall be administered by the Secretary, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3)

Purposes of remediation fund

(A)

In general

Subject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B)

Cost-sharing limitation

(i)

In general

The Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a groundwater remediation project are from funds provided to the Secretary for that project by the non-Federal interests. (ii)

Non-federal responsibility

Each local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii)

Credits toward non-federal share

For purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including— (I)all expenditures made by non-Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses, and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II)all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project. (b)

Compliance with Applicable Law

In carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws. (c)

Relationship to Other Activities

Nothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the groundwater the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities. (d)

Financial Statements and Audits

The Secretary shall ensure that all funds obligated and disbursed under this Act and expended by a local water authority, are accounted for in accordance with generally accepted accounting principles and are subjected to regular audits in accordance with applicable procedures, manuals, and circulars of the Department of the Interior and the Office of Management and Budget. (e)

Authorization of Appropriations

There is authorized to be appropriated to the Remediation such sums as may be necessary to carry out the purposes of this Act to remain available until expended.