[Congressional Record Volume 144, Number 21 (Thursday, March 5, 1998)]
[Senate]
[Pages S1441-S1443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mrs. Feinstein):
  S. 1716. A bill to direct the Secretary of the Interior, acting 
through the Commissioner of Reclamation, to develop an action plan to 
restore the Salton Sea in California and to conduct wildlife resource 
studies of the Salton Sea, to authorize the Secretary to carry out a 
project to restore the Salton Sea, and for other purposes, to the 
Committee on Environment and Public Works.


             SONNY BONO MEMORIAL SALTON SEA RESTORATION ACT

  Mrs. BOXER. Mr. President, today I am introducing the Sonny Bono 
Memorial Salton Sea Restoration Act. My legislation will lead to an 
efficient and responsible restoration of the unique Salton Sea 
ecosystem.
  Over the years, scientists, communities and politicians alike have 
been trying to draw national attention to the decline of the Salton 
Sea. Our late friend and colleague, Representative Sonny Bono, who died 
in a tragic skiing accident in January, worked tirelessly to make this 
issue an environmental priority for this Congress. With this 
legislation, we can carry on that legacy.
  The Salton Sea is a unique natural resource in Southern California. 
Created in 1905 by a breach in a levee along the Colorado River, the 
Salton Sea is California's largest inland body of water. It is one of 
the most important habitats for migratory birds along the Pacific 
Flyway.
  For 16 months after the breach, the Colorado River flowed into a dry 
lakebed, filling it to a depth of 80 feet. For a time following the 
closure of the levee, the water levels declined rapidly as evaporation 
greatly exceeded inflow. A minimum level was reached in the 1920s, 
after which the sea once again began to rise, due largely to the 
importation of water into the basin for agricultural purposes from the 
New and Alamo Rivers.
  Since there is no natural outlet for the sea at its current level, 
evaporation is the only way water leaves the basin. All the salts 
carried with water that flows into the sea have remained there, along 
with salts re-suspended from prehistoric/historic times by the new 
inundation. Salinity is currently more than 25 percent higher than 
ocean water, and rising.
  This extreme salinity, along with agricultural and wastewater in the 
sea, are rapidly deteriorating the entire ecosystem. The existing 
Salton Sea ecosystem is under severe stress and nearing collapse, with 
millions of fish and thousands of bird die-offs in recent years. Birds 
and fish that once thrived here are now threatened with death and 
disease as the tons of salts and toxic contaminants that are constantly 
dumped into the Salton Sea become more and more concentrated and deadly 
over time. The local economy is also being affected by the disaster at 
the Salton Sea by the loss of recreational opportunities, decrease in 
tourism, and the impact on agriculture.
  Despite the urgency of the situation, we do not have the solution at 
hand and, therefore, must move forward swiftly, but not hastily. The 
legislation I am introducing today allows the Department of Interior to 
adequately review all options for restoring the sea and comply with all 
environmental laws while also requiring tight, yet realistic, time 
frames.
  I have been working with local and national interests and received 
many favorable comments on my legislation. Secretary Bruce Babbitt 
said, ``I have had an opportunity to review the Salton Sea legislation 
that Senator Boxer is introducing this morning. In my judgement, the 
bill as drafted reflects a more thoughtful and practical approach for 
addressing the serious environmental challenges that face the Salton 
Sea. I look forward to working with the Senator in refining and, 
hopefully implementing this important initiative.''
  John Flicker, President of the National Audubon Society said, ``The 
National Audubon Society strongly endorses this legislation by Senator 
Boxer. This bill sets in motion a process to determine the source of 
the ecological crisis facing the Salton Sea and provide recommendations 
on how to reverse the Salton Sea's rapid deterioration.''
  Senator Boxer's bill represents an important step forward in the 
fight to save the Salton Sea,'' said Congressman George Brown. ``She 
has done an outstanding job building a consensus bill that can win 
local and federal support.''
  And the Tellis Codekas, President of the Salton Sea Authority and 
President of the Coachella Valley Water District said, ``Senator Boxer 
is on the right track with her bill. Her legislation builds on a 
bipartisan local and national effort to save the Salton Sea.''

[[Page S1442]]

  I am proud of this support. Under my legislation, Interior will 
report to Congress within one year on the options for restoring the 
Salton Sea, including a recommendation for a preferred option. Interior 
will review ways to reduce and stabilize salinity, stabilize surface 
elevation, restore the health of fish and wildlife resources and their 
habitats, enhance recreational use and economic development, and 
continue the use the Salton Sea for irrigation drainage.
  Interior then has another 6 months within which it must complete all 
environmental compliance and permitting activities required to 
implement the proposal. By the end of this eighteen month period, 
Interior must submit a final report to Congress, at which time the 
authorization for construction is triggered, allowing Congress 30 
legislative days to make changes in the plan, or to stop it.
  We all now agree that we must take the necessary long-term and short-
term steps to stabilize salinity and contaminant levels to protect the 
dwindling fishery resources and to reduce the threats to migratory 
birds. However, there is no consensus on how that should be done.
  The legislation that I am introducing forces those decisions to be 
made in a timely manner. But, it is not necessary to waive the 
provisions of one of our landmark environmental laws, the National 
Environmental Policy Act of 1969, in order to force this process. We 
must deal with this situation quickly. But, we can take prompt and 
responsible actions within the framework of environmental laws.
  I would like to thank members of the Salton Sea Authority, including 
the Imperial County Board of Supervisors, the Riverside County Board of 
Supervisors, the Imperial Irrigation District, and the Coachella Valley 
Water District, National Audubon Society, Department of Interior, and 
Congressman George Brown for their assistance with this legislation. It 
is with the help and support of local and national interests that I was 
able to develop this consensus legislation.
  In a December 23, 1998 article in USA Today, Sonny said, ``This is 
our last chance. If we don't move within a year or two, it will be too 
late.'' He was right: the clock is ticking and we must act now to find 
a solution. Scientists have warned that the Salton Sea will be a dead 
sea within fifteen years.
  I am hopeful that my House and Senate colleagues and I can act 
quickly to ensure passage of this legislation to restore the ailing 
Salton Sea. This is necessary and important legislation that will not 
only benefit Californians and our natural heritage, but will also carry 
on the legacy of Representative Bono.
  I ask unanimous consent that the full text of my legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1716

       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 ``Sonny Bono Memorial Salton 
     Sea Restoration Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Salton Sea, located in Imperial County and 
     Riverside County, California, is an economic and 
     environmental resource of national importance;
       (2) the Salton Sea is a critical component of the Pacific 
     flyway;
       (3) the concentration of salinity or pollutants in the 
     Salton Sea has contributed to the recent deaths of migratory 
     waterfowl;
       (4) the Salton Sea is critical as a reservoir for 
     irrigation and municipal and stormwater drainage;
       (5) the Salton Sea provides benefits to surrounding 
     communities and nearby irrigation and municipal water users;
       (6) remediating the Salton Sea will provide national and 
     international benefits; and
       (7) Federal, State, and local governments have a shared 
     responsibility to assist in remediating the Salton Sea.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Salton sea authority.--The term ``Salton Sea 
     Authority'' means the Joint Powers Authority established 
     under the laws of the State of California by a Joint Power 
     Agreement signed on June 2, 1993.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.

     SEC. 4. SALTON SEA RESTORATION ACTION PLAN.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary, in accordance with the 
     memorandum of understanding entered into under subsection 
     (f), shall prepare an action plan for restoring the Salton 
     Sea in California.
       (b) Contents.--The action plan shall consist of--
       (1) a study of the feasibility of various alternatives for 
     remediating the Salton Sea;
       (2) the selection of 1 or more practicable and cost-
     effective options for remediating the Salton Sea; and
       (3) the development of a remediation plan that will 
     implement the options.
       (c) Objectives.--In preparing the action plan, the 
     Secretary shall evaluate options that will--
       (1) reduce and stabilize the overall salinity of the Salton 
     Sea to a level between 35 and 40 parts per thousand;
       (2) stabilize the surface elevation of the Salton Sea to a 
     level that is between 240 feet below sea level and 230 feet 
     below sea level;
       (3) restore habitat and reclaim water quality over the long 
     term to promote healthy fish and wildlife resources and their 
     habitats in the Salton Sea;
       (4) enhance the potential for recreational uses and 
     economic development of the Salton Sea; and
       (5) ensure the continued use of the Salton Sea as a 
     reservoir for irrigation and municipal and stormwater 
     drainage.
       (d) Options.--In evaluating options under the action plan, 
     the Secretary shall--
       (1) consider--
       (A) using impoundments to segregate a portion of the waters 
     of the Salton Sea in 1 or more evaporation ponds located in 
     the Salton Sea basin;
       (B) pumping water out of the Salton Sea;
       (C) augmenting the flow of water into the Salton Sea;
       (D) improving the quality of wastewater discharges from 
     Mexico (including discharges from the Alamo River, the 
     Whitewater River, and the New River) and from other water 
     users in the Salton Sea basin;
       (E) implementing any other economically feasible 
     remediation options; and
       (F) implementing any combination of the actions described 
     in subparagraphs (A) through (E); and
       (2) limit the options to economically feasible and proven 
     technologies.
       (e) Factors.--In evaluating the feasibility of options 
     under the action plan, the Secretary shall consider--
       (1) the ability of Federal, tribal, State, and local 
     government sources and private entities to fund capital 
     construction costs and annual operation, maintenance, energy, 
     and replacement costs; and
       (2) how and where to dispose, permanently and safely, of 
     water pumped out of the Salton Sea and any salts that may be 
     condensed and accumulated in implementing the option.
       (f) Memorandum of Understanding.--
       (1) In general.--The Secretary shall carry out the action 
     plan under this section in accordance with a memorandum of 
     understanding entered into with the Salton Sea Authority, the 
     Governor of the State of California, and such other tribal or 
     local entities as the Secretary considers appropriate.
       (2) Criteria.--The memorandum of understanding shall, at a 
     minimum, establish criteria for the evaluation and selection 
     of options under this section, including criteria for 
     determining the magnitude and practicability of costs of 
     construction, operation, and maintenance of each evaluated 
     option.
       (g) Relationship to Other Laws.--
       (1) Reclamation laws.--
       (A) In general.--An option recommended by the action plan 
     shall not be subject to the Act of June 17, 1902, and Acts 
     amendatory thereof or supplementary thereto (32 Stat. 388, 
     chapter 1093; 43 U.S.C. 371 et seq.) (including regulations 
     adopted under those Acts).
       (B) Nonreimbursable and nonreturnable.--Funds provided to 
     carry out the option shall be considered nonreimbursable and 
     nonreturnable.
       (2) Law of the river.--An option recommended by the action 
     plan--
       (A) shall not supersede or otherwise affect any treaty, 
     law, or agreement governing use of water from the Colorado 
     River; and
       (B) shall be carried out in a manner that is consistent 
     with rights and obligation of persons under all such 
     treaties, laws, and agreements.
       (h) Reports.--
       (1) Interim report.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall submit to 
     Congress an interim report on the findings and 
     recommendations of the action plan, including--
       (A) a summary of options considered for remediating the 
     Salton Sea; and
       (B) a recommendation of a preferred option for remediating 
     the Salton Sea.
       (2) Final report.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall submit to 
     Congress a final report on the findings and recommendations 
     of the action plan, including--
       (A) a plan to implement the preferred option;
       (B) a recommendation for sharing costs to carry out the 
     preferred option, with (at the option of the Secretary) a 
     different cost-sharing formula for capital construction costs 
     than is applied to annual operation, maintenance, energy, and 
     replacement costs; and

[[Page S1443]]

       (C) the completion of all environmental compliance and 
     permitting activities required for any construction activity 
     under the preferred option.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

     SEC. 5. SALTON SEA RESTORATION PROJECT.

       (a) In General.--Not later than 30 legislative days after 
     the Secretary submits the final report required under section 
     4(h)(2), the Secretary shall have the authority to carry out 
     a project for remediating the Salton Sea that is based on the 
     preferred option recommended in the final report, unless 
     otherwise directed by Congress.
       (b) Legislative Day.--In subsection (a), the term 
     ``legislative day'' means any day on which either House of 
     Congress is in session.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $300,000,000.

     SEC. 6. SALTON SEA WILDLIFE RESOURCES STUDIES.

       (a) In General.--Concurrently with the action plan carried 
     out under section 4, the Secretary shall enter into 
     contracts, grants, and cooperative agreements with Federal 
     and non-Federal entities to conduct studies recommended by 
     the Salton Sea Research Management Committee under subsection 
     (b)(1), including studies of hydrology, wildlife pathology, 
     and toxicology relating to the wildlife resources of the 
     Salton Sea.
       (b) Salton Sea Research Management Committee.--
       (1) In general.--The Secretary shall establish a committee, 
     to be known as the ``Salton Sea Research Management 
     Committee'', to make recommendations to the Secretary on the 
     selection of topics for studies under this section and 
     management of the studies.
       (2) Membership.--The Committee shall be composed of 4 
     members, of which--
       (A) 1 member shall be appointed by the Secretary;
       (B) 1 member shall be appointed by the Governor of the 
     State of California;
       (C) 1 member shall be appointed by the Torres Martinez 
     Desert Cahuilla Tribal Government; and
       (D) 1 member shall be appointed by the Salton Sea 
     Authority.
       (c) Coordination.--The Secretary shall ensure that studies 
     under this section are conducted in coordination with 
     appropriate international bodies, Federal agencies, and 
     California State agencies, including--
       (1) the International Boundary and Water Commission;
       (2) the United States Fish and Wildlife Service;
       (3) the Environmental Protection Agency;
       (4) the California Department of Water Resources;
       (5) the California Department of Fish and Game;
       (6) the California Resources Agency;
       (7) the California Environmental Protection Agency;
       (8) the California Regional Water Quality Board; and
       (9) California State Parks.
       (d) Peer Review.--The Secretary shall require that studies 
     conducted under this section be subject to peer review.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $7,000,000.

     SEC. 7. REDESIGNATION OF SALTON SEA NATIONAL WILDLIFE REFUGE 
                   RENAMED AS THE SONNY BONO SALTON SEA NATIONAL 
                   WILDLIFE REFUGE.

       (a) In General.--The Salton Sea National Wildlife Refuge, 
     in Imperial County, California, shall be known and designated 
     as the ``Sonny Bono Salton Sea National Wildlife Refuge''.
       (b) References.--Any reference in a law, map, regulation, 
     document, record, or other paper of the United States to the 
     Refuge referred to in subsection (a) shall be deemed to be a 
     reference to the ``Sonny Bono Salton Sea National Wildlife 
     Refuge''.

     SEC. 8. EMERGENCY ACTION TO STABILIZE SALTON SEA SALINITY.

       If, during the conduct of studies authorized by this Act, 
     the Secretary determines that environmental conditions at the 
     Salton Sea warrant immediate emergency action to stabilize 
     the salinity of the Salton Sea, the Secretary shall 
     immediately submit a report to Congress documenting the 
     conditions and making recommendations for their remediation, 
     together with specific recommendations for actions to be 
     required and the cost of the actions.
  Mrs. FEINSTEIN. Mr. President, today I join my colleague Senator 
Boxer in introducing the Sonny Bono Memorial Salton Sea Restoration 
Act. This legislation is similar to that now pending in the House of 
Representatives, but it seeks to respond to concerns expressed by 
local, state and federal officials about problems with the House bill. 
Despite the fact that there are differences between the two versions, 
the time to address the problems of the Salton Sea has come, 
legislation will move forward promptly, and be signed into law.
  I have spoken on this floor about the problems facing the Salton Sea. 
Now it is time to turn to how to solve those problems. The legislation 
introduced today reflects the work of scores of people in California 
concerned with the Salton Sea. It is consistent with the approach they 
believe is most appropriate, and it involves them in the process.
  This legislation proceeds in two stages.
  First, it provides funding and sets a deadline of 18 months for the 
conduct of additional scientific research on the problems facing the 
Salton Sea, for the evaluation of various projects to address these 
problems, for the selection of a specific project, and for the 
completion of the necessary environmental reviews required by the 
National Environmental Policy Act and the California Environmental 
Quality Act.
  Second, it authorizes funding, subject to modification by Congress, 
for the implementation of the project that is chosen.
  The research funded in this legislation is absolutely crucial, for 
the problems facing the Salton Sea are complex. Previously, most 
concerns expressed about the Sea related to its increasing salinity and 
its rising water level. More recently, however, massive die offs of 
fish and migratory birds have occurred, that appear to be caused by 
problems other than salinity.
  So, in addition to determining the optimum elevation for the Sea, and 
the desirable level of salinity, it is important to understand the 
interrelationships between these two components and the pollutants that 
continue to flow into the Sea.
  Finally, this legislation proposes a tight timetable for reaching a 
decision on the best project to solve the problems facing the Sea. 
However, it is my understanding that the Department of the Interior 
already has the authority and a limited amount of funding to begin 
additional testing and environmental review and is willing to do so. 
This means that an 18 month timetable is realistic. There has been deep 
concern that a 12 month timetable is insufficient if a sound plan is to 
evolve which also involves the rivers, now heavily polluted, which 
empty into and add contamination to the Salton Sea. Therefore, I urge 
all parties to begin working while this legislation moves through 
Congress.
  Mr. President, in closing, I want to say that I look forward to 
working with my colleagues in the House to craft a bill that is 
acceptable to both bodies, a bill that will preserve and enhance the 
Salton Sea, a bill that is a fitting tribute to the memory of the late 
Congressman Sonny Bono, who cared so deeply about the Salton Sea. Thank 
you.
                                 ______