[Congressional Record Volume 144, Number 145 (Tuesday, October 13, 1998)]
[Senate]
[Pages S12461-S12462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SALTON SEA RECLAMATION ACT OF 1998

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 3267, which was received 
from the House.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3267) to direct the Secretary of the Interior, 
     acting through the Bureau of Reclamation, to conduct a 
     feasibility study and construct a project to reclaim the 
     Salton Sea.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3821

  Mr. GORTON. Mr. President, there is an amendment at the desk offered 
by Senator Kyl, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington (Mr. Gorton), for Mr. Kyl, 
     proposes an amendment numbered 3821.

  Mr. GORTON. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Salton Sea 
     Reclamation Act of 1998''.
       (b) Table of Contents--The table of contents of this Act is 
     as follows:

Sec. 1. Short title; table of contents.................................
Sec. 2. Definitions....................................................

                 TITLE I--SALTON SEA FEASIBILITY STUDY

     Sec. 101. Feasibility study authorization.
     Sec. 102. Concurrent wildlife resources studies.
     Sec. 103. Salton Sea National Wildlife Refuge renamed as 
         Sonny Bono Salton Sea National Wildlife Refuge.

TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER 
                             AND NEW RIVER

     Sec. 201. Alamo River and New River irrigation drainage 
         water.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) The term `Committees' means the Committee on Resources 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources and the Committee on Environment and Public 
     Works of the Senate.
       (2) The term `Salton Sea Authority' means the Joint Powers 
     Authority by that name established under the laws of the 
     State of California by a Joint Power Agreement signed on June 
     2, 1993.
       (3) The term `Secretary' means the Secretary of the 
     Interior, acting through the Bureau of Reclamation.

                 TITLE II--SALTON SEA FEASIBILITY STUDY

     SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.

       (a) In General.--No later than January 1, 2000, the 
     Secretary, in accordance with this section, shall complete 
     all feasibility studies and cost analyses for the options set 
     forth in subsection (b)(2)(A) necessary for Congress to fully 
     evaluate such options.
       (b) Feasibility Study.--
       (1) In general.--
       (A) the Secretary shall complete all studies, including, 
     but not limited to environmental and other reviews, of the 
     fasibility and benefit-cost of various options that permit 
     the continued use of the Salton Sea as a reservoir for 
     irrigation drainage and (1) reduce and stabilize the overall 
     salinity of the Salton Sea, (2) stabilize the surface 
     elevation of the Salton Sea, (3) reclaim, in the long term, 
     healthy fish and wildlife resources and their habitats, and 
     (4) enhance the potential for recreational uses and economic 
     development of the Salton Sea.
       (B) Based solely on whatever information is available at 
     the time of submission of the report, the Secretary shall (1) 
     identify any options he deems economically feasible and cost 
     effective, (2) identify any additional information necessary 
     to develop construction specifications, and (3) submit any 
     recommendations, along with the results of the study to the 
     Committees no later than January 1, 2000.
       (B)(i) The Secretary shall carry out the feasibility study 
     in accordance with a memorandum of understanding entered into 
     by the Secretary, the Salton Sea Authority, and the Governor 
     of California.
       (ii) The memorandum of understanding shall, at a minimum, 
     establish criteria for evaluation and selection of options 
     under subparagraph (2)(A), including criteria for determining 
     benefits and the magnitude and practicability of costs of 
     construction, operation, and maintenance of each options 
     evaluated.
       (2) Options to be considered.--Options considered in the 
     feasibility study--
       (A) shall consist of, but need not be limited to--
       (i) use of impoundments to segregate a portion of the 
     waters of the Salton Sea in one or more evaporation ponds 
     located in the Salton Sea basin;
       (ii) pumping water out of the Salton Sea;
       (iii) augmented flows of water into the Salton Sea;
       (iv) a combination of the options referred to in clauses 
     (i), (ii), and (iii); and
       (v) any other economically feasible remediation option the 
     Secretary considers appropriate and for which feasibility 
     analyses and cost estimates can be completed by January 1, 
     2000;
       (B) shall be limited to proven technologies; and
       (C) shall not include any option that--
       (i) relies on the importation of any new or additional 
     water from the Colorado River; or
       (ii) is inconsistent with the provisions of subsection (c).
       (3) Assumptions.--In evaluating options, the Secretary 
     shall apply assumptions regarding water inflows into the 
     Salton Sea Basin that encourage water conservation, account 
     for transfers of water out of the Salton Sea Basin, and are 
     based on a maximum likely reduction in inflows into the 
     Salton Sea Basin which could be 800,000 acre-feet or less per 
     year.
       (4) Consideration of costs.--In evaluating the feasibility 
     of options, the Secretary shall consider the ability of 
     Federal, tribal, State and local government sources and 
     private sources to fund capital construction costs and annual 
     operation, maintenance, energy, and replacement costs and 
     shall set forth the basis for any cost sharing allocations as 
     well as anticipated repayment, if any, of federal 
     contributions.
       (c) Relationship to Other Law.--
       (1) Reclamation laws.--Activities authorized by this Act 
     shall not be subject to the Act of June 17, 1902 (32 Stat. 
     388; 43 U.S.C. 391 et seq.), and Acts amendatory thereof and 
     supplemental thereto. Amounts expended for those activities 
     shall be considered nonreimbursable for purposes of those 
     laws and shall not be considered to be a supplemental or 
     additional benefit for purposes of the Reclamation Reform Act 
     of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).
       (2) Preservation of rights and obligations with respect to 
     the colorado river--This Act shall not be considered to 
     supersede or otherwise affect any treaty, law, decree, 
     contract, or agreement governing use of water from the 
     Colorado River. All activities taken under this Act must be 
     carried out in a manner consistent with rights 
     and obligations of persons under those treaties, laws, 
     decrees, contracts, and agreements.

     SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.

       (a) In General.--The Secretary shall provide for the 
     conduct, concurrently with the feasibility study under 
     section 101(b), of studies of hydrology, wildlife pathology, 
     and toxicology relating to wildlife resources of the Salton 
     Sea by Federal and non-Federal entities.
       (b) Selection of Topics and Management of Studies.--
       (1) In general.--The Secretary shall establish a committee 
     to be known as the ``Salton Sea Research Management 
     Committee''. The committee shall select the topics of studies 
     under this section and manage those studies.
       (2) Membership.--The committee shall consist of the 
     following five members:
       (A) The Secretary.
       (B) The Governor of California.
       (C) The Executive Director of the Salton Sea Authority.
       (D) The Chairman of the Torres Martinez Desert Cahuilla 
     Tribal Government.
       (E) The Director of the California Water Resources Center.

[[Page S12462]]

       (c) Coordination.--The Secretary shall require that studies 
     under this section are coordinated through the Science 
     Subcommittee which reports to the Salton Sea Research 
     Management Committee. In addition to the membership provided 
     for by the Science Subcommittee's charter, representatives 
     shall be invited from the University of California, 
     Riverside; the University of Redlands; San Diego State 
     University; the Imperial Valley College; and Los Alamos 
     National Laboratory.
       (d) Peer Review.--The Secretary shall require that studies 
     under this section are subjected to peer review.
       (e) Authorization of Appropriations.--For wildlife 
     resources studies under this section there are authorized to 
     be appropriated to the Secretary, through accounts within the 
     Fish and Wildlife Service exclusively, $5,000,000.
       (f) Advisory Committee Act.--The committee, and its 
     activities, are not subject to the Federal Advisory Committee 
     Act (5 U.S.C. app.).

     SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS 
                   SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE.

       (a) Refuge Renamed.--The Salton Sea National Wildlife 
     Refuge, located in Imperial County, California, is hereby 
     renamed and shall be known as the ``Sonny Bono Salton Sea 
     National Wildlife Refuge'`.
       (b) References.--Any reference in any statute, rule, 
     regulation, executive order, publication, map, or paper or 
     other document of the United States to the Salton Sea 
     National Wildlife Refuge is deemed to refer to the Sonny Bono 
     Salton Sea National Wildlife Refuge.

TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER 
                             AND NEW RIVER

     SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE 
                   WATER.

       (a) River Enhancement.--
       (1) In general.--The Secretary is authorized and directed 
     to promptly conduct research and construct river reclamation 
     and wetlands projects to improve water quality in the Alamo 
     River and New River, Imperial County, California, by treating 
     water in those rivers and irrigation drainage water that 
     flows into those rivers.
       (2) Acquisitions.--The Secretary may acquire equipment, 
     real property from willing sellers, and interests in real 
     property (including site access) from willing sellers as 
     needed to implement actions under this section if the State 
     of California, a political subdivision of the State, or 
     Desert Wildlife Unlimited has entered into an agreement with 
     the Secretary under which the State, subdivision, or Desert 
     Wildlife Unlimited, respectively, will, effective 1 year 
     after the date that systems for which the acquisitions are 
     made are operational and functional--
       (A) accept all right, title, and interest in and to the 
     equipment, property, or interests; and
       (B) assume responsibility for operation and maintenance of 
     the equipment, property, or interests.
       (3) Transfer of title.--Not later than 1 year after the 
     date a system developed under this section is operational and 
     functional, the Secretary shall transfer all right, title, 
     and interest of the United States in and to all equipment, 
     property, and interests acquired for the system in accordance 
     with the applicable agreement under paragraph (2).
       (4) Monitoring and other actions.--The Secretary shall 
     establish a long-term monitoring program to maximize the 
     effectiveness of any wetlands developed under this title and 
     may implement other actions to improve the efficacy of 
     actions implemented pursuant to this section.
       (b) Cooperation.--The Secretary shall implement subsection 
     (a) in cooperation with the Desert Wildlife Unlimited, the 
     Imperial Irrigation District, California, and other 
     interested persons.
       (c) Federal Water Pollution Control.--Water withdrawn 
     solely for the purpose of a wetlands project to improve water 
     quality under subsection (a)(1), when returned to the Alamo 
     River or New River, shall not be required to meet water 
     quality standards under the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.).
       (d) Authorization of Appropriations.--For river reclamation 
     and other irrigation drainage water treatment actions under 
     this section, there are authorized to be appropriated to the 
     Secretary $3,000,000.

  Mr. GORTON. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3821) was agreed to.
  Mr. GORTON. I ask unanimous consent that the bill, as amended, be 
read a third time and passed, the title amendment be agreed to, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3267), as amended, was considered read the third time 
and passed.

       The title was amended so as to read: ``An act to direct the 
     Secretary of the Interior, acting through the Bureau of 
     Reclamation, to complete a feasibility study relating to 
     the Salton Sea, and for other purposes.''.

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