[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1435 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1435

To direct the Secretary of the Interior to take actions supporting non-
    Federal investments in water infrastructure improvements in the 
               Sacramento Valley, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2019

 Mr. Garamendi (for himself and Mr. LaMalfa) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior to take actions supporting non-
    Federal investments in water infrastructure improvements in the 
               Sacramento Valley, 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 ``Sites Reservoir Project Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the U.S. Drought Monitor, the State of 
        California experienced one of the longest, driest periods on 
        record from late December 2011 until April 2017, with a 
        statewide emergency declaration in effect from mid-January 2014 
        until early April 2017. In water year 2017, the State of 
        California experienced one of the wettest years on record. New 
        surface water storage infrastructure with the capacity to store 
        water in wet years for use in dry periods is urgently needed.
            (2) The Sites Project (sometimes referred to as ``North-of-
        Delta Offstream Storage'') has been identified by the State of 
        California and the Federal Government as an important component 
        to integrated water management in the Sacramento Valley that 
        would advance the co-equal objectives of improving water 
        management and restoring ecological health for beneficial uses 
        of the Sacramento-San Joaquin Delta and the Sacramento River 
        watershed. Further, the Sites Reservoir was found in the 2000 
        CALFED Record of Decision to be the preferred location to 
        provide North-of-Delta Offstream Storage and subsequent studies 
        have shown the Sites Reservoir to be technically and 
        economically feasible.
            (3) Among other things, the Sites Project would--
                    (A) increase surface water storage to enhance water 
                management flexibility in the Sacramento Valley;
                    (B) improve operation of the State's water system 
                to provide improvements in ecosystem and water quality 
                conditions in the Bay-Delta while providing a more 
                reliable water supply for the State of California;
                    (C) improve conditions for fish, waterfowl, and 
                wildlife in the Sacramento Valley, including anadromous 
                fish in the Sacramento River;
                    (D) provide local flood control benefits;
                    (E) integrate with renewable energy sources 
                consistent with applicable Federal and State of 
                California goals;
                    (F) create both construction and long-term jobs to 
                improve the local and regional economies in the 
                Sacramento Valley;
                    (G) provide additional recreational benefits; and
                    (H) reduce local flooding.
            (4) The Sites Project has been shown to provide 
        approximately 500,000 acre-feet of additional annualized yield 
        that, when integrated into the operations of the State and 
        Federal reservoirs upstream of the Bay-Delta, can improve the 
        system-wide operational efficiency for both water supply 
        reliability and the environment.
            (5) Healthy wetlands and wildlife refuges are of vital 
        importance to wildlife in California and require a reliable 
        supply of water. Additional surface water storage can help meet 
        water supply goals under the Central Valley Project Improvement 
        Act (title XXXIV of Public Law 102-575).
            (6) It is in the interests of the United States for the 
        Federal Government to work with the Sites Project Authority, 
        which has been established under the laws of the State of 
        California as an independent joint exercise of powers authority 
        to, among other things, study, promote, develop, design, 
        finance, acquire, construct, manage, and operate Sites 
        Reservoir and related facilities to advance the Sites Project 
        in the most expeditious and cost-effective manner possible.
            (7) On July 24, 2018, the California Water Commission voted 
        to award $816,000,000 to the Sites Project under Proposition 1 
        (Water Quality, Supply, and Infrastructure Improvement Act of 
        2014), showing a strong commitment from the State of California 
        to advance the project.
            (8) As of the date of the introduction of this Act, the 
        Sites Project Authority had the following public agencies 
        serving on its 11-member governing board: Colusa County Water 
        District, Glenn-Colusa Irrigation District, Placer County Water 
        District/City of Roseville, Reclamation District 108, 
        Sacramento County Water Agency/City of Sacramento, the Tehama-
        Colusa Canal Authority, Westside Water District, the County of 
        Colusa, and the County of Glenn. In addition, other agencies 
        from the Sacramento Valley and agencies from the Bay Area, San 
        Joaquin Valley, and southern California are actively 
        participating to advance the Sites Project.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the Sites 
        Project Authority that entered into a Joint Exercise of Powers 
        Agreement on August 26, 2010, for the purpose of advancing the 
        Sites Project as a non-Federal facility.
            (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (3) Central valley project.--The term ``Central Valley 
        Project'' means all Federal reclamation projects located within 
        or diverting water from or to the watershed of the Sacramento 
        and San Joaquin Rivers and their tributaries as authorized by 
        the Act of August 26, 1937 (50 Stat. 850), and all Acts 
        amendatory or supplemental thereto, including--
                    (A) the Act of October 17, 1940 (54 Stat. 1198, 
                1199);
                    (B) the Act of December 22, 1944 (58 Stat. 887);
                    (C) the Act of October 14, 1949 (63 Stat. 852);
                    (D) the Act of September 26, 1950 (64 Stat. 1036);
                    (E) the Act of August 27, 1954 (68 Stat. 879);
                    (F) the Act of August 12, 1955 (69 Stat. 719);
                    (G) the Act of June 3, 1960 (74 Stat. 156);
                    (H) the Act of October 23, 1962 (76 Stat. 1173);
                    (I) the Act of September 2, 1965 (79 Stat. 615);
                    (J) the Act of August 19, 1967 (81 Stat. 167);
                    (K) the Act of August 27, 1967 (81 Stat. 173);
                    (L) the Act of October 23, 1970 (84 Stat. 1097);
                    (M) the Act of September 28, 1976 (90 Stat. 1324); 
                and
                    (N) the Act of October 27, 1986 (100 Stat. 3050).
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (5) Repayment and water service contracts.--The terms 
        ``repayment contract'' and ``water service contract'' have the 
        same meaning given those terms in sections 9(d) and 9(e), 
        respectively, of the Reclamation Project Act of 1939 (53 Stat. 
        1187, 1195).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Sites project.--The term ``Sites Project''--
                    (A) refers to the off-stream water storage project 
                identified in the CALFED Record of Decision, dated 
                August 28, 2000; and
                    (B) means the Sites Reservoir in Glenn and Colusa 
                Counties, California, and related facilities, including 
                associated water conveyance and hydropower generation 
                and transmission facilities.
            (8) State.--The term ``State'' means the State of 
        California.

SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT STATEMENTS.

    (a) Duties of the Bureau.--With respect to the Sites Project, the 
Bureau shall--
            (1) be the lead Federal agency for the purposes of all 
        Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow the construction of the Sites Project, 
        including all requirements under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) any other Federal law applicable to the 
                construction of the Sites Project facilities by the 
                Authority;
            (2) take such steps as are necessary to ensure that all 
        Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow the Authority to construct and operate the 
        Sites Project are completed on an expeditious basis and use the 
        shortest applicable process, and, to the maximum extent 
        practicable, are completed not later than January 1, 2022, as 
        required by the California Water Quality Supply, and 
        Infrastructure Improvement Act, as approved by California 
        voters on November 4, 2014, as a condition of State financial 
        participation in a project deemed eligible for assistance under 
        the aforementioned Act; and
            (3) coordinate, as appropriate, with the non-Federal 
        project sponsors, which are the State of California and the 
        Sites Project Authority.
    (b) Final Environmental Impact Statement and Environmental Impact 
Report.--No later than 6 months after the date of the enactment of this 
Act, the Secretary shall work with the Secretary of Commerce, the 
Assistant Secretary of the Army for Civil Works, and the Administrator 
of the Environmental Protection Agency to develop a plan to 
expeditiously complete and issue the final joint environmental impact 
statement and environmental impact report on the Sites Project.
    (c) Requirements of Existing Law.--Nothing in this section affects 
the requirements of Federal law.

SEC. 5. CONSTRUCTION AND OPERATION OF NON-FEDERAL PROJECT.

    (a) Authorization of Construction.--Section 103(d)(1)(B) of the 
Calfed Bay-Delta Authorization Act (Public Law 108-361) is amended--
            (1) by redesignating clauses (ii) and (iii) as clauses (iv) 
        and (v), respectively;
            (2) by inserting after clause (i) the following:
                            ``(ii) Construction authorization.--If the 
                        Secretary determines that the project described 
                        in subparagraph (A)(ii)(I) is feasible, the 
                        Secretary, in cooperation with the Authority, 
                        may participate in the design, planning, and 
                        construction of the Sites Project, as a non-
                        Federal, State-led project as defined under 
                        section 4007(a)(2) of Public Law 114-322, in a 
                        manner that is substantially in accordance with 
                        the recommended plan, subject to the conditions 
                        described in the feasibility study.
                            ``(iii) Federal investment in a non-federal 
                        sites project.--As required by section 
                        4007(c)(2)(C), the Secretary shall take such 
                        steps as are necessary to ensure that, in 
                        return for any Federal investment in a non-
                        Federal Sites Project, a proportionate share of 
                        the project's public benefits are Federal 
                        benefits, including water supplies dedicated to 
                        specific purposes such as environmental 
                        enhancement and those purposes referred to in 
                        section 5(f) and (g) of the Sites Reservoir 
                        Project Act.'';
            (3) in clause (iii), by striking ``the project'' and 
        inserting ``a project described in subparagraph (A)(ii)(I)''; 
        and
            (4) in subclause (I) of clause (v) (as so redesignated by 
        paragraph (1) of this subsection), by striking ``clause (ii)'' 
        each place it appears and inserting ``clause (iv)''.
    (b) In General.--Notwithstanding any provision of this Act, the 
Commissioner shall take any and all actions possible to advance the 
Sites Project as a non-Federal project, including entering into cost-
shared financial assistance agreements with the Authority to support 
the design, planning, and construction of the Sites Project as a non-
Federal project.
    (c) Project Partnership Agreements.--At the request of the 
Authority, the Bureau shall enter into a project partnership agreement 
with the Authority for the Authority to provide full project management 
control for construction of the Sites Project, or a separable element 
of the project, in accordance with plans approved by the Secretary.
    (d) Detailed Project Schedule.--Not later than 180 days after 
entering into a Project partnership agreement under subsection (c), the 
Authority, to the maximum extent practicable, shall submit to the 
Secretary a detailed project schedule based on estimated funding levels 
that lists all deadlines for each milestone in the construction of the 
project.
    (e) Title; Operations and Maintenance.--The Authority shall--
            (1) hold title to all new facilities constructed under this 
        section; and
            (2) be solely responsible for the operation and maintenance 
        costs for such facilities.
    (f) Coordinated Operations.--The Secretary shall execute and 
implement a long-term agreement between the United States and the 
Authority to provide for the coordination of operations of the Central 
Valley Project and the Sites Project to--
            (1) satisfy any contracts or cooperative agreements entered 
        into subsection (g);
            (2) help meet any unmet needs for Sacramento Valley inbasin 
        water uses;
            (3) help meet any unmet needs of existing Central Valley 
        Project repayment and water service contracts; and
            (4) ensure that any surplus water supplies from the Sites 
        Project are put to full and beneficial use.
    (g) Contracts and Cooperative Agreements.--The Secretary is 
authorized to enter into long-term contracts and cooperative agreements 
with the Authority to complete all planning and preconstruction 
activities and to acquire water supplies and lease-of-power privilege 
made available from the Sites Project for the purposes of meeting the 
requirements under section 3406(b)(3) and section 3408(j) of the 
Central Valley Project Improvement Act (Public Law 102-575) and such 
other purposes as the Secretary may deem appropriate.

SEC. 6. WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION (WIIN) ACT 
              AMENDMENTS.

    (a) Issuance of Guidelines.--Section 4007(c)(4) of Public Law 114-
322 is amended--
            (1) by striking ``(B)'' and inserting ``(C)'';
            (2) by striking ``but'' after ``analyses''; and
            (3) by inserting after subparagraph (A), the following:
                    ``(B) shall, not later than 120 days after the date 
                of the enactment of the Sites Reservoir Project Act, 
                issue guidelines for feasibility (or the equivalent) 
                studies for State-led storage projects that shall be 
                deemed to provide sufficient information for making the 
                independent determinations described in paragraph (2); 
                and''.
    (b) Definitions.--Section 4011(f)(2) of Public Law 114-322 is 
amended--
            (1) by inserting ``permitting,'' following ``designing''; 
        and
            (2) by inserting ``mitigation'' following ``regulatory''.

SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    Nothing in this Act--
            (1) modifies or alters any obligations or requirements 
        under any Federal environmental law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
            (2) preempts or modifies any obligation of the Federal 
        Government to act in conformance with applicable State law, 
        including applicable State water law.

SEC. 8. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to preempt or modify any 
obligation of the United States to act in conformance with applicable 
State law, including area of origin and other water rights protections.
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