[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10552-H10553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            WATER-RELATED TECHNICAL CORRECTIONS ACT OF 1997

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2402) to make technical and clarifying amendments to improve 
the management of water-related facilities in the Western United 
States, as amended.
  The Clerk read as follows:

                               H.R. 2402

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water-
     Related Technical Corrections Act of 1997''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reduction of waiting period for obligation of funds provided 
              under Reclamation Safety of Dams Act of 1978.
Sec. 3. Albuquerque Metropolitan Area Reclamation and Reuse Project.
Sec. 4. Phoenix Metropolitan Water Reclamation and Reuse Project.
Sec. 5. Refund of certain amounts received under Reclamation Reform Act 
              of 1982.
Sec. 6. Extension of periods for repayments for Nueces River 
              reclamation project and Canadian River reclamation 
              project, Texas.
Sec. 7. Solano Project Water.
Sec. 8. Use of distribution system of Canadian River reclamation 
              project, Texas, to transport nonproject water.
Sec. 9. Olivenhain Water Storage Project loan guarantee.
Sec. 10. Fish passage and protective facilities, Rogue River Basin, 
              Oregon.

     SEC. 2. REDUCTION OF WAITING PERIOD FOR OBLIGATION OF FUNDS 
                   PROVIDED UNDER RECLAMATION SAFETY OF DAMS ACT 
                   OF 1978.

       Section 5 of the Reclamation Safety of Dams Act of 1978 (92 
     Stat. 2471; 43 U.S.C. 509) is amended by striking ``sixty 
     days'' and all that follows through ``day certain)'' and 
     inserting ``30 calendar days''.

     SEC. 3. ALBUQUERQUE METROPOLITAN AREA RECLAMATION AND REUSE 
                   PROJECT.

       Section 1621 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992, as added by section 2(a)(2) of the 
     Reclamation Recycling and Water Conservation Act of 1996 (110 
     Stat. 3292; 43 U.S.C. 390h-12g), is amended--
       (1) in the heading by striking ``STUDY'' and inserting 
     ``PROJECT''; and
       (2) in subsection (a)--
       (A) by inserting ``the planning, design, and construction 
     of'' after ``participate in'';
       (B) by striking ``Study'' and inserting ``Project''; and
       (C) by inserting ``and nonpotable surface water'' after 
     ``impaired groundwater''.

     SEC. 4. PHOENIX METROPOLITAN WATER RECLAMATION AND REUSE 
                   PROJECT.

       Section 1608 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (106 Stat. 4666; 43 U.S.C. 390h-6) is 
     amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) The Secretary, in cooperation with the city of 
     Phoenix, Arizona, shall participate in the planning, design, 
     and construction of the Phoenix Metropolitan Water 
     Reclamation and Reuse Project to utilize fully wastewater 
     from the regional wastewater treatment plant for direct 
     municipal, industrial, agricultural, and environmental 
     purposes, groundwater recharge, and indirect potable reuse in 
     the Phoenix metropolitan area.'';
       (2) in subsection (b) by striking the first sentence; and
       (3) by striking subsection (c).

     SEC. 5. REFUND OF CERTAIN AMOUNTS RECEIVED UNDER RECLAMATION 
                   REFORM ACT OF 1982.

       (a) Refund Required.--Subject to subsection (b) and the 
     availability of appropriations, the Secretary of the Interior 
     shall refund fully amounts received by the United States as 
     collections under section 224(i) of the Reclamation Reform 
     Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)) for paid 
     bills (including interest collected) issued by the Secretary 
     of the Interior before January 1, 1994, for full-cost charges 
     that were assessed for failure to file certain certification 
     forms under sections 206 and 224(c) of such Act (96 Stat. 
     1266, 1272; 43 U.S.C. 390ff, 390ww(c)).
       (b) Administrative Fee.--In the case of a refund of amounts 
     collected in connection with sections 206 and 224(c) of the 
     Reclamation Reform Act of 1982 (96 Stat. 1266, 1272; 43 
     U.S.C. 390ff, 390ww(c)) with respect to any water year after 
     the 1987 water year, the amount refunded shall be reduced by 
     an administrative fee of $260 for each occurrence.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $3,000,000.

     SEC. 6. EXTENSION OF PERIODS FOR REPAYMENTS FOR NUECES RIVER 
                   RECLAMATION PROJECT AND CANADIAN RIVER 
                   RECLAMATION PROJECT, TEXAS.

       Section 2 of the Emergency Drought Relief Act of 1996 
     (Public Law 104-318; 110 Stat. 3862) is amended by adding at 
     the end the following new subsection:
       ``(c) Extension of Periods for Repayment.--Notwithstanding 
     any provision of the Reclamation Project Act of 1939 (43 
     U.S.C. 485 et seq.), the Secretary of the Interior--
       ``(1) shall extend the period for repayment by the City of 
     Corpus Christi, Texas, and the Nueces River Authority under 
     contract No. 6-07-01-X0675, relating to the Nueces River 
     reclamation project, Texas, until--
       ``(A) August 1, 2029, for repayment pursuant to the 
     municipal and industrial water supply benefits portion of the 
     contract; and
       ``(B) until August 1, 2044, for repayment pursuant to the 
     fish and wildlife and recreation benefits portion of the 
     contract; and
       ``(2) shall extend the period for repayment by the Canadian 
     River Municipal Water Authority under contract No. 14-06-500-
     485, relating to the Canadian River reclamation project, 
     Texas, until October 1, 2021.''.

     SEC. 7. SOLANO PROJECT WATER.

       (a) Authorization.--The Secretary of the Interior is 
     authorized to enter into contracts with the Solano County 
     Water Agency, or any of its member unit contractors for water 
     from the Solano Project, California, pursuant to the Act of 
     February 21, 1911 (43 U.S.C. 523), for--
       (1) the impounding, storage, and carriage of nonproject 
     water for domestic, municipal, industrial, and other 
     beneficial purposes, using any facilities associated with the 
     Solano Project, California, and
       (2) the exchange of water among Solano Project contractors, 
     for the purposes set forth in paragraph (1), using facilities 
     associated with the Solano Project, California.
       (b) Limitation.--The authorization under subsection (a) 
     shall be limited to the use of that portion of the Solano 
     Project facilities downstream of Mile 26 of the Putah South 
     Canal (as that canal is depicted on the official maps of the 
     Bureau of Reclamation), which is below the diversion points 
     on the Putah South Canal utilized by the city of Fairfield 
     for delivery of Solano Project water.

     SEC. 8. USE OF DISTRIBUTION SYSTEM OF CANADIAN RIVER 
                   RECLAMATION PROJECT, TEXAS, TO TRANSPORT 
                   NONPROJECT WATER.

       The Act of December 29, 1950 (chapter 1183; 43 U.S.C. 600b, 
     600c), authorizing construction, operation, and maintenance 
     of the Canadian River reclamation project, Texas, is amended 
     by adding at the end the following new section:
       ``Sec. 4. (a) The Secretary of the Interior shall allow use 
     of the project distribution system (including all pipelines, 
     aqueducts, pumping plants, and related facilities) for 
     transport of water from the Canadian River Conjunctive Use 
     Groundwater Project to municipalities that are receiving 
     water from the project. Such use shall be subject only to 
     such environmental review as is required under the Memorandum 
     of Understanding, No. 97-AG-60-09340, between the Bureau of 
     Reclamation and the Canadian River Municipal Water Authority, 
     and a review and approval of the engineering design of the 
     interconnection facilities to assure the continued integrity 
     of the project. Such environmental review shall be completed 
     within 90 days after the date of enactment of this section.
       ``(b) The Canadian River Municipal Water Authority shall 
     bear the responsibility for all costs of construction, 
     operation, and maintenance of the Canadian River Conjunctive 
     Groundwater Project, and for costs incurred by the Secretary 
     in conducting the environmental review of the project. The 
     Secretary shall not assess any additional charges in 
     connection with the Canadian River Conjunctive Use 
     Groundwater Project.''.

[[Page H10553]]

     SEC. 9. OLIVENHAIN WATER STORAGE PROJECT LOAN GUARANTEE.

       (a) Loan Guarantee.--The Secretary of the Interior may 
     guarantee a loan made to either the Olivenhain Municipal 
     Water District (in this section referred to as the 
     ``District'') or to a nongovernmental developer selected by 
     the District, for building and financing the Olivenhain Water 
     Storage Project in northern San Diego County, California. The 
     amount of a loan guaranteed under this subsection may not 
     exceed $70,000,000. Before making any such loan guarantee, 
     the Secretary shall evaluate the design and justification for 
     the proposed project. The Secretary may make such a loan 
     guarantee only after the Secretary determines that the 
     proposed project is economically feasible and the design for 
     the proposed project is technically and environmentally 
     adequate.
       (b) Interest Rate.--Any loan guaranteed under subsection 
     (a) shall bear interest at a rate agreed upon by the borrower 
     and lender.
       (c) Obligation of United States.--Any loan guarantee under 
     this section shall constitute an obligation, in accordance 
     with the terms and conditions of such guarantee, of the 
     United States Government, and the full faith and credit of 
     the United States is hereby pledged to full performance of 
     the obligation.
       (d) Security.--
       (1) Reserve fund and commitment of district revenues.--To 
     ensure the repayment of any loan guaranteed under this 
     section and as a condition of providing the guarantee, the 
     Secretary of the Interior shall require that--
       (A) the borrower establish and maintain, with a trustee 
     designated by the Secretary, a reserve fund in the amount of 
     115 percent of the next year's principal and interest 
     payments on the loan;
       (B) the District agree to use its revenues to make all 
     payments required under the terms of the loan prior to any 
     payment by the United States under the guarantee, and to make 
     those payments through the trustee designated under 
     subparagraph (A); and
       (C) the trustee designated under subparagraph (A) agree to 
     use all amounts received for repayment of the loan to repay 
     the loan.
       (2) Reserve fund requirements.--The reserve fund under this 
     subsection shall be established under terms that provide 
     that--
       (A) all moneys in the reserve fund shall constitute a trust 
     fund for the repayment of the loan guaranteed under 
     subsection (a); and
       (B) the reserve fund shall be administered in accordance 
     with and pursuant to provisions agreed upon by the borrower 
     and lender for the loan guaranteed under subsection (a).
       (3) Payment of loan amounts.--Proceeds from the loan 
     guaranteed under subsection (a) shall--
       (A) be deposited directly with the trustee designated by 
     the Secretary of the Interior under paragraph (1)(A); and
       (B) be disbursed by the trustee consistent with the terms 
     of the loan.
       (4) Qualifications of trustee.--Any trustee designated by 
     the Secretary of the Interior under paragraph (1) must, at a 
     minimum--
       (A) be a trust company or a bank having the powers of a 
     trust company;
       (B) have a combined capital and surplus of at least 
     $100,000,000; and
       (C) be otherwise subject to supervision or examination by a 
     Federal agency.

     SEC. 10. FISH PASSAGE AND PROTECTIVE FACILITIES, ROGUE RIVER 
                   BASIN, OREGON.

       The Secretary of the Interior is authorized to use 
     otherwise available amounts to provide up to $2,000,000 in 
     financial assistance to the Medford Irrigation District and 
     the Rogue River Valley Irrigation District for the design and 
     construction of fish passage and protective facilities at 
     North Fork Little Butte Creek Diversion Dam and South Fork 
     Little Butte Creek Diversion Dam in the Rogue River basin, 
     Oregon, if the Secretary determines in writing that these 
     facilities will enhance the fish recovery efforts currently 
     underway at the Rogue River Basin Project, Oregon.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Doolittle] will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Doolittle].
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of this legislation, the Water-Related Technical 
Corrections Act of 1997, and urge its adoption by the House of 
Representatives.
  H.R. 2402 is a compilation of amendments to the Federal reclamation 
law designed to clarify authorities to the Bureau of Reclamation or 
existing provisions of law. This legislation was compiled after 
canvassing members of the Subcommittee on Water and Power of the 
Committee on Resources, members of the Western Water Caucus, and the 
Bureau of Reclamation about any such needed changes.
  Let me stress that most of these provisions are being sought to 
enhance water management capabilities at locations in several different 
states, Such as Oregon, California, Arizona, New Mexico, and Texas.
  I urge my colleagues to support this bill and move its adoption.
  Mr. SMITH of Oregon. Mr. Speaker, I would like to thank the Chairman 
of the House Resources Subcommittee on Water and Power, Mr. Doolittle, 
for his many efforts this year on behalf of Oregon farmers. For the 
past year, he was worked diligently to help further the cause of 
common-sense solutions to the complex water conflicts in the West. 
Today's bill exemplifies his commitment to advancing this cause. H.R. 
2402, the Water-Related Technical Corrections Act, contains a provision 
for Oregon farmers that can only be described as a win-win. It helps 
farmers in southern Oregon by stabilizing their operations, protects 
endangered and threatened anadromous fish runs, and provides 
substantial benefits to the adjacent federal Bureau of Reclamation (the 
Bureau) project.
  The bill will provide financial assistance to the Medford Irrigation 
District and Rogue River Valley Irrigation District (the Districts), 
both located in the Rogue River basin in southwest Oregon, for the 
construction of fish passage and protective facilities. Despite the 
Bureau's desire to assist in this effort, the Interior Solicitor's 
Office provided a legal opinion in August stating that the Bureau does 
not have Congressional authority to provide financial assistance to the 
Districts. Without the authority granted by H.R. 2402, the Bureau will 
be able to provide technical assistance for the engineering designs of 
the improvements, but will not be able to assist with the 
implementation of the needed facilities. Several weeks ago, I was 
contacted by the Bureau's Boise field office to assist in granting this 
authority. With the help of Chairman Doolittle, we are accomplishing 
this objective today.
  The North Fork Little Butte Creek Diversion Dam is located in the 
North Fork Little Butte Creek about one mile upstream from the 
confluence with the South Fork and diverts water to the Medford Main 
Canal. The South Fork Little Butte Creek Diversion Dam is located on 
the South Fork Little Butte Creek about one mile upstream from the 
confluence with the North Fork, and diverts water from the South Fork 
Little Butte Creek to the Medford Main Canal. North and South Fork 
Little Butte Creeks are notable for runs of summer and winter 
steelhead, spring chinook salmon, and coho salmon as well as native 
cutthroat and rainbow trout, and have been identified as critical 
spawning and rearing areas for coho salmon and steelhead.
  Both diversion dams are jointly owned and operated by the Districts. 
Fish passage and protective facilities associated with both diversions 
are old, have deteriorated, and do not meet current requirements for 
fish passage as established by the National Marine Fisheries Service. 
Since the Rogue River Basin Project (the Project), a Federal 
Reclamation project, is appurtenant to those diversion dams, providing 
this assistance will ensure that improvements already made at the 
Project will be fully realized.
  Once again, I would like to thank Chairman Doolittle for working to 
include this minor provision in H.R. 2402. It represents the type of 
assistance that the federal government ought to be providing to 
irrigation districts struggling to comply with new regulations that 
have been imposed upon them, and ensures that the public interest in 
protecting fish runs is fulfilled.
  I urge my colleagues to support this common-sense legislation.
  Mr. DOOLITTLE Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Doolittle] that the House suspend the 
rules and pass the bill, H.R. 2402, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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