[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8676 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8676

To require the Secretary of the Interior to take certain measures with 
     respect to protecting the Salton Sea, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 2022

 Mr. Ruiz (for himself and Mr. Vargas) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
 addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of the Interior to take certain measures with 
     respect to protecting 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 ``Salton Sea Public Health and 
Environmental Protection Act of 2022''.

SEC. 2. FEDERAL SALTON SEA MANAGEMENT ACRES.

    Title XI of the Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102-575) is amended by adding at the end the 
following:

``SEC. 1102. RESTORATION PROGRAM.

    ``(a) Restoration Program.--The Secretary of the Interior, acting 
through the Bureau of Reclamation, shall provide for a program within 
the Bureau's Salton Sea Program Office to improve water quality, 
provide for dust mitigation, protect the public's health, and provide 
for environmental and habitat restoration at the Salton Sea in 
California.
    ``(b) Federal Salton Sea Management Acres.--
            ``(1) In general.--The Secretary of the Interior shall 
        provide for such measures as such Secretary determines 
        appropriate for dust control and habitat conservation, 
        consistent with State and local requirements, with respect to 
        an acreage within the Salton Sea of the same size as the 
        acreage for which the State of California provides for dust 
        control and habitat conservation under the Salton Sea 
        Management Program and the State Water Board Order. Such 
        Secretary shall, to the maximum extent possible when carrying 
        out this requirement, provide such measures for an equivalent 
        number of acres of dust control and of habitat conservation.
            ``(2) Calculation.--The Secretary of the Interior may 
        calculate the satisfaction of the Federal Salton Sea Management 
        Acres obligation described in paragraph (1) in three-year 
        increments to account for variability in acres available and 
        appropriate for management.
            ``(3) Coordination with the state of california.--
                    ``(A) Memorandum of understanding.--Not later than 
                180 days after the date of enactment of this section, 
                the Secretary of the Interior shall seek to conclude a 
                memorandum of understanding with the State of 
                California and the Salton Sea Authority to coordinate 
                Federal and State activities relating to the 
                construction, operation, and maintenance of Federal 
                Salton Sea Management Acres and Salton Sea Management 
                Program activities. Such memorandum of understanding 
                shall include a schedule delineating the timeframe for 
                the accomplishment of the establishment of Salton Sea 
                Management Acres and consideration of the effects of 
                such memorandum of understanding on affected 
                disadvantaged communities.
                    ``(B) Access.--The Secretary of the Interior shall 
                make Federal lands within the Salton Sea available to 
                the State of California for activities under the Salton 
                Sea Management Program and the State Water Board Order 
                and shall give priority to such activities.
            ``(4) State responsibilities.--Nothing in this section 
        shall modify the State of California's responsibilities or 
        associated timelines under the State Water Board Order.
            ``(5) Support from the secretary of agriculture.--The 
        Secretary of Agriculture shall, in issuing funding or other 
        types of support under such authority as is available to such 
        Secretary, prioritize support and funding to assist the 
        Secretary of the Interior in fulfilling the responsibilities 
        described in this subsection.
            ``(6) Delegation to the state of california.--
                    ``(A) In general.--The Secretary of the Interior 
                may delegate such Secretary's responsibilities under 
                this subsection to the State of California through a 
                cooperative agreement or other contractual agreement 
                only upon the provision by such Secretary to the State 
                of adequate Federal funding to assure the requirements 
                of this section are met, including funding for 
                operations and maintenance of Federal Salton Sea 
                Management Acres. Such Secretary may award grants to 
                the State for completion of this responsibility.
                    ``(B) Agreement pending funding not restricted.--
                Subparagraph (A) shall not be construed to prohibit the 
                Secretary of the Interior from entering such an 
                agreement prior to the provision of such adequate 
                Federal funding.
            ``(7) Not a special aquatic site.--For the purposes of the 
        construction, operation, and maintenance of Federal Salton Sea 
        Management Acres and Salton Sea Management Program activities, 
        lakebed exposed as the Salton Sea recedes shall not be 
        considered a Special Aquatic Site for the purposes of 
        determining jurisdiction under section 404 of the Clean Water 
        Act (33 U.S.C. 1344).
            ``(8) Report to congress.--The Secretary of the Interior 
        shall report to Congress annually identifying--
                    ``(A) the total number of acres under management by 
                such Secretary or funding provided to the State of 
                California under paragraph (6);
                    ``(B) the type of management applied to Federal 
                Salton Sea Management Acres, and whether such 
                management is dust suppression or habitat restoration;
                    ``(C) if such Secretary has not met such 
                Secretary's responsibility under paragraph (1) over the 
                current three-year period under paragraph (2), a plan 
                for coming into compliance; and
                    ``(D) additional funding needed to meet such 
                obligation.
    ``(c) Definitions.--In this section, the following terms have the 
meaning given to such terms in section 5 of the Salton Sea Public 
Health and Environmental Protection Act of 2022:
            ``(1) `Federal Salton Sea Management Acres'.
            ``(2) `Salton Sea Authority'.
            ``(3) `Salton Sea Management Program'.
            ``(4) `State Water Board Order'.''.

SEC. 3. SALTON SEA MANAGEMENT COUNCIL.

    (a) Establishment of Federal Salton Sea Council.--Not later than 90 
days after the date of enactment of this Act, the Secretary of the 
Interior shall establish a Salton Sea Council with the goal of 
coordinating interagency Salton Sea projects, expediting permits, 
coordinating environmental review, streamlining funding of projects 
associated with the Salton Sea Management Program and Federal Salton 
Sea Management Acres, and coordinating such goals with the State of 
California and the Salton Sea Authority.
    (b) Membership.--Council shall consist of the following and shall 
be chaired by the Secretary of the Interior:
            (1) The Secretary of Agriculture, or a representative of 
        such Secretary.
            (2) The Secretary of the Army or a representative of such 
        Secretary.
            (3) The Administrator of the Environmental Protection 
        Agency or a representative of such Administrator.
            (4) The Commissioner of the Bureau of Reclamation or a 
        representative of such Commissioner.
            (5) The Director of the United States Fish and Wildlife 
        Service or a representative of such Director.
            (6) The Director of the United States Geological Survey or 
        a representative of such Director.
    (c) Duties.--The Council shall--
            (1) convene and establish a process for collaboration among 
        the members of the Council, the State of California, the Salton 
        Sea Authority, local communities, Tribal governments, the South 
        Coast Air Quality Management District, the Imperial County Air 
        Pollution Control District, and other persons, including 
        holding at least one annual public meeting at the Salton Sea to 
        receive feedback from local stakeholders;
            (2) develop a Federal funding plan across Federal agencies 
        with jurisdiction at the Salton Sea to assist the Secretary in 
        meeting the Salton Sea Management Acres obligation and 
        associated operations and maintenance costs; and
            (3) identify and implement measures to expedite and 
        streamline Federal permitting of Salton Sea management 
        undertaken by the State of California's Salton Sea Management 
        Program.
    (d) Production of Report.--Not later than 1 year after the date of 
enactment of this Act, the Council shall submit to the Committee on 
Natural Resources of the House of Representatives a report that--
            (1) identifies Federal and State funding sources and 
        previous funding for projects and studies related to 
        potentially benefitting or impacting the Salton Sea;
            (2) analyzes how Federal and State funding sources can be 
        matched or paired to reach acreage goals; and
            (3) identifies additional Federal resources including 
        resources for technical assistance and project permitting 
        assistance that could be applied to the management of the 
        Salton Sea.

SEC. 4. PUBLIC HEALTH REPORTING REQUIREMENT.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Administrator of the Environmental Protection Agency, shall 
publish an annual report on air quality surrounding the Salton Sea, 
including an analysis of the presence of pollutants, salinity levels, 
and agricultural chemicals present in the exposed lakebed on Federal 
lands. Such report shall include--
            (1) the change in number of acres of Federal land that is 
        exposed lakebed and land with respect to which such Secretary 
        has taken corrective action, either through habitat restoration 
        or dust suppression; and
            (2) any associated health risks with particulate matter 
        pollution and any chemicals present.
    (b) Population Health Study.--The Secretary of the Interior may 
partner with a university or research institution to conduct a long-
term population health study on individuals with extended exposure to 
the Salton Sea.
    (c) Additional Air Monitors.--The Administrator of the 
Environmental Protection Agency shall take such measures as the 
Administrator determines necessary to monitor the air quality in 
population centers near the Salton Sea.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Federal salton sea management acres.--The term 
        ``Federal Salton Sea Management Acres'' means the Salton Sea 
        exposed lakebed acres required to be managed by the Secretary 
        of the Interior for dust control or habitat in consultation 
        with the State of California and Salton Sea Authority.
            (2) Salton sea authority.--The term ``Salton Sea 
        Authority'' means a Joint Powers Authority composed of member 
        agencies including the Torres Martinez Desert Cahuilla Tribe, 
        County of Imperial, the County of Riverside, the Coachella 
        Valley Water District, and the Imperial Irrigation District, 
        established to work in coordination with the State of 
        California to oversee the comprehensive restoration of the 
        Salton Sea.
            (3) Salton sea management program.--The term ``Salton Sea 
        Management Program'' means the program created by the State of 
        California to address air quality and ecological threats at the 
        Salton Sea.
            (4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year 
        Plan'' means the State of California's Salton Sea Management 
        Program Phase 1: 10-year plan to provide for the construction 
        of 30,000 acres of air quality and habitat projects at the 
        Salton Sea.
            (5) State water board order.--The term ``State Water Board 
        Order'' means California State Water Board Order 2017-0134 
        entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD 
        REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, 
        establishing Salton Sea management acre milestones for the 
        State of California.
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