[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10722-H10726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HAWAII WATER RESOURCES ACT OF 2000
Mr. HANSEN. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 1694) to direct the Secretary of the Interior to
conduct a study on the reclamation and reuse of water and wastewater in
the State of Hawaii, as amended.
The Clerk read as follows:
S. 1694
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--HAWAII WATER RESOURCES STUDY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hawaii Water Resources Act
of 2000''.
SEC. 102. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Hawaii.
SEC. 103. HAWAII WATER RESOURCES STUDY.
(a) In General.--The Secretary, acting through the
Commissioner of Reclamation and in accordance with the
provisions of this title and existing legislative authorities
as may be pertinent to the provisions of this title,
including: the Act of August 23, 1954 (68 Stat. 773, chapter
838), authorizing the Secretary to investigate the use of
irrigation and reclamation resource needs for areas of the
islands of Oahu, Hawaii, and Molokai in the State of Hawaii;
section 31 of the Hawaii Omnibus Act (43 U.S.C. 422l)
authorizing the Secretary to develop reclamation projects in
the State under the Act of August 6, 1956 (70 Stat. 1044,
chapter 972; 42 U.S.C. 422a et seq.) (commonly known as the
``Small Reclamation Projects Act''); and the amendment made
by section 207 of the Hawaiian Home Lands Recovery Act (109
Stat. 364; 25 U.S.C. 386a) authorizing the Secretary to
assess charges against Native Hawaiians for reclamation cost
recovery in the same manner as charges are assessed against
Indians or Indian tribes; is authorized and directed to
conduct a study that includes--
(1) a survey of the irrigation and other agricultural water
delivery systems in the State;
(2) an estimation of the cost of repair and rehabilitation
of the irrigation and other agricultural water delivery
systems;
(3) an evaluation of options and alternatives for future
use of the irrigation and other agricultural water delivery
systems (including alternatives that would improve the use
and conservation of water resources and would contribute to
agricultural diversification, economic development, and
improvements to environmental quality); and
(4) the identification and investigation of opportunities
for recycling, reclamation, and reuse of water and wastewater
for agricultural and nonagricultural purposes.
(b) Reports.--
(1) In general.--Not later than 2 years after appropriation
of funds authorized by this title, the Secretary shall submit
a report that describes the findings and recommendations of
the study described in subsection (a) to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Resources of the House of
Representatives.
(2) Additional reports.--The Secretary shall submit to the
committees described in paragraph (1) any additional reports
concerning the study described in subsection (a) that the
Secretary considers to be necessary.
(c) Cost Sharing.--Costs of conducting the study and
preparing the reports described in subsections (a) and (b) of
this section shall be shared between the Secretary and the
State. The Federal share of the costs of the study and
reports shall not exceed 50 percent of the total cost, and
shall be nonreimbursable. The Secretary shall enter into a
written agreement with the State, describing the arrangements
for payment of the non-Federal share.
(d) Use of Outside Contractors.--The Secretary is
authorized to employ the services and expertise of the State
and/or the services and expertise of a private consultant
employed under contract with the State to conduct the study
and prepare the reports described in this section if the
State requests such an arrangement and if it can be
demonstrated to the satisfaction of the Secretary that such
an arrangement will result in the satisfactory completion of
the work authorized by this section in a timely manner and at
a reduced cost.
(e) Authorization of Appropriations.--There are authorized
to be appropriated $300,000 for the Federal share of the
activities authorized under this title.
SEC. 104. WATER RECLAMATION AND REUSE.
(a) Section 1602(b) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) is
amended by inserting before the period at the end the
following: ``, and the State of Hawaii''.
(b) The Secretary is authorized to use the authorities
available pursuant to section 1602(b) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h(b)) to conduct the relevant portion of the study
and preparation of the reports authorized by this title if
the use of such authorities is found by the Secretary to be
appropriate and cost-effective, and provided that the total
Federal share of costs for the study and reports does not
exceed the amount authorized in section 103.
TITLE II--DROUGHT RELIEF
SEC. 201. DROUGHT RELIEF.
(a) Relief for Hawaii.--Section 104 of the Reclamation
States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214)
is amended--
(1) in subsection (a), by inserting after ``Reclamation
State'' the following: ``and in the State of Hawaii''; and
(2) in subsection (c), by striking ``ten years after the
date of enactment of this Act'' and inserting ``on September
30, 2005''.
(b) Assistance for Drought-Related Planning in Reclamation
States.--Such Act is further amended by adding at the end of
title I the following:
``SEC. 105. ASSISTANCE FOR DROUGHT-RELATED PLANNING IN
RECLAMATION STATES.
``(a) In General.--The Secretary may provide financial
assistance in the form of cooperative agreements in States
that are eligible to receive drought assistance under this
title to promote the development of drought contingency plans
under title II.
``(b) Report.--Not later than one year after the date of
the enactment of the Hawaii Water Resources Act of 2000, the
Secretary shall submit to the Congress a report and
recommendations on the advisability of providing financial
assistance for the development of drought contingency plans
in all entities that are eligible to receive assistance under
title II.''.
TITLE III--CITY OF ROSEVILLE PUMPING PLANT FACILITIES
SEC. 301. CITY OF ROSEVILLE PUMPING PLANT FACILITIES: CREDIT
FOR INSTALLATION OF ADDITIONAL PUMPING PLANT
FACILITIES IN ACCORDANCE WITH AGREEMENT.
(a) In General.--The Secretary shall credit an amount up to
$1,164,600, the precise amount to be determined by the
Secretary through a cost allocation, to the unpaid capital
obligation of the City of Roseville, California (in this
section referred to as the ``City''), as such obligation is
calculated in accordance with applicable Federal reclamation
law and Central Valley Project rate setting policy, in
recognition of future benefits to be accrued by the United
States as a result of the City's purchase and funding of the
installation of additional pumping plant facilities in
accordance with a letter of agreement with the United States
numbered 5-07-20-X0331 and dated January 26, 1995. The
Secretary shall simultaneously add an equivalent amount of
costs to the capital costs of the Central Valley Project, and
such added costs shall be reimbursed in accordance with
reclamation law and policy.
(b) Effective Date.--The credit under subsection (a) shall
take effect upon the date on which--
(1) the City and the Secretary have agreed that the
installation of the facilities referred to in subsection (a)
has been completed in accordance with the terms and
conditions of the letter of agreement referred to in
subsection (a); and
(2) the Secretary has issued a determination that such
facilities are fully operative as intended.
TITLE IV--CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Clear Creek Distribution
System Conveyance Act''.
SEC. 402. DEFINITIONS.
For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) District.--The term ``District'' means the Clear Creek
Community Services District, a California community services
district located in Shasta County, California.
(3) Agreement.--The term ``Agreement'' means Agreement No.
8-07-20-L6975 entitled ``Agreement Between the United States
and the Clear Creek Community Services District to Transfer
Title to the Clear Creek Distribution System to the Clear
Creek Community Services District''.
(4) Distribution system.--The term ``Distribution System''
means all the right, title, and interest in and to the Clear
Creek distribution system as defined in the Agreement.
SEC. 403. CONVEYANCE OF DISTRIBUTION SYSTEM.
In consideration of the District accepting the obligations
of the Federal Government
[[Page H10723]]
for the Distribution System, the Secretary shall convey the
Distribution System to the District pursuant to the terms and
conditions set forth in the Agreement.
SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.
Nothing in this title shall be construed to authorize the
District to construct any new facilities or to expand or
otherwise change the use or operation of the Distribution
System from its authorized purposes based upon historic and
current use and operation. Effective upon transfer, if the
District proposes to alter the use or operation of the
Distribution System, then the District shall comply with all
applicable laws and regulations governing such changes at
that time.
SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
Conveyance of the Distribution System under this title--
(1) shall not affect any of the provisions of the
District's existing water service contract with the United
States (contract number 14-06-200-489-IR3), as it may be
amended or supplemented; and
(2) shall not deprive the District of any existing
contractual or statutory entitlement to subsequent interim
renewals of such contract or to renewal by entering into a
long-term water service contract.
SEC. 406. LIABILITY.
Effective on the date of conveyance of the Distribution
System under this title, the United States shall not be
liable under any law for damages of any kind arising out of
any act, omission, or occurrence based on its prior ownership
or operation of the conveyed property.
TITLE V--SUGAR PINE DAM AND RESERVOIR CONVEYANCE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Sugar Pine Dam and
Reservoir Conveyance Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) District.--The term ``District'' means the Foresthill
Public Utility District, a political subdivision of the State
of California.
(3) Project.--The term ``Project'' means the improvements
(and associated interests) authorized in the Foresthill
Divide Subunit of the Auburn-Folsom South Unit, Central
Valley Project, consisting of--
(A) Sugar Pine Dam;
(B) the right to impound waters behind the dam;
(C) the associated conveyance system, holding reservoir,
and treatment plant;
(D) water rights;
(E) rights of the Bureau described in the agreement of June
11, 1985, with the Supervisor of Tahoe National Forest,
California; and
(F) other associated interests owned and held by the United
States and authorized as part of the Auburn-Folsom South Unit
under Public Law 89-161 (79 Stat. 615).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Water services contract.--The term ``Water Services
Contract'' means Water Services Contract #14-06-200-3684A,
dated February 13, 1978, between the District and the United
States.
SEC. 503. CONVEYANCE OF THE PROJECT.
(a) In General.--As soon as practicable after date of
enactment of this Act and in accordance with all applicable
law, the Secretary shall convey all right, title, and
interest in and to the Project to the District.
(b) Sale Price.--Except as provided in subsection (c), on
payment by the District to the Secretary of $2,772,221--
(1) the District shall be relieved of all payment
obligations relating to the Project; and
(2) all debt under the Water Services Contract shall be
extinguished.
(c) Mitigation and Restoration Payments.--The District
shall continue to be obligated to make payments under section
3407(c) of the Central Valley Project Improvement Act (106
Stat. 4726) through 2029.
SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this title significantly
expands or otherwise affects the use or operation of the
Project from its current use and operation.
(b) Right To Occupy and Flood.--On the date of the
conveyance under section 503, the Chief of the Forest Service
shall grant the District the right to occupy and flood
portions of land in Tahoe National Forest, subject to the
terms and conditions stated in an agreement between the
District and the Supervisor of the Tahoe National Forest.
(c) Changes in Use or Operation.--If the District changes
the use or operation of the Project, the District shall
comply with all applicable laws (including regulations)
governing the change at the time of the change.
SEC. 505. FUTURE BENEFITS.
On payment of the amount under section 503(b)--
(1) the Project shall no longer be a Federal reclamation
project or a unit of the Central Valley Project; and
(2) the District shall not be entitled to receive any
further reclamation benefits.
SEC. 506. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance under section 503, the United States shall not
be liable for damages of any kind arising out of any act,
omission, or occurrence based on its prior ownership or
operation of the Project.
SEC. 507. COSTS.
To the extent that costs associated with the Project are
included as a reimbursable cost of the Central Valley
Project, the Secretary is directed to exclude all costs in
excess of the amount of costs repaid by the District from the
pooled reimbursable costs of the Central Valley Project until
such time as the Project has been operationally integrated
into the water supply of the Central Valley Project. Such
excess costs may not be included into the pooled reimbursable
costs of the Central Valley Project in the future unless a
court of competent jurisdiction determines that operation
integration is not a prerequisite to the inclusion of such
costs pursuant to Public Law 89-161.
TITLE VI--COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Colusa Basin Watershed
Integrated Resources Management Act''.
SEC. 602. AUTHORIZATION OF ASSISTANCE.
The Secretary of the Interior (in this title referred to as
the ``Secretary''), acting within existing budgetary
authority, may provide financial assistance to the Colusa
Basin Drainage District, California (in this title referred
to as the ``District''), for use by the District or by local
agencies acting pursuant to section 413 of the State of
California statute known as the Colusa Basin Drainage Act
(California Stats. 1987, ch. 1399) as in effect on the date
of the enactment of this Act (in this title referred to as
the ``State statute''), for planning, design, environmental
compliance, and construction required in carrying out
eligible projects in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
SEC. 603. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible
project for purposes of section 602 only if it is--
(1) consistent with the plan for flood protection and
integrated resources management described in the document
entitled ``Draft Programmatic Environmental Impact Statement/
Environmental Impact Report and Draft Program Financing Plan,
Integrated Resources Management Program for Flood Control in
the Colusa Basin'', dated May 2000; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure
that projects for which assistance is provided under this
title are not inconsistent with watershed protection and
environmental restoration efforts being carried out under the
authority of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED
Bay-Delta Program.
SEC. 604. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that
the District and cooperating non-Federal agencies or
organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
title;
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project; and
(3) 35 percent of the costs associated with planning,
design, and environmental compliance activities.
(b) Planning, Design, and Compliance Assistance.--Funds
appropriated pursuant to this title may be made available to
fund 65 percent of costs incurred for planning, design, and
environmental compliance activities by the District or by
local agencies acting pursuant to the State statute, in
accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this
section, the Secretary shall treat the value of lands,
interests in lands (including rights-of-way and other
easements), and necessary relocations contributed by the
District to a project as a payment by the District of the
costs of the project.
SEC. 605. COSTS NONREIMBURSABLE.
Amounts expended pursuant to this title shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32
Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory
thereof and supplemental thereto.
SEC. 606. AGREEMENTS.
Funds appropriated pursuant to this title may be made
available to the District or a local agency only if the
District or local agency, as applicable, has entered into a
binding agreement with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by section 604(a); and
(2) governing the funding of planning, design, and
compliance activities costs under section 604(b).
SEC. 607. REIMBURSEMENT.
For project work (including work associated with studies,
planning, design, and construction) carried out by the
District or by a
[[Page H10724]]
local agency acting pursuant to the State statute in section
602 before the date amounts are provided for the project
under this title, the Secretary shall, subject to amounts
being made available in advance in appropriations Acts,
reimburse the District or the local agency, without interest,
an amount equal to the estimated Federal share of the cost of
such work under section 604.
SEC. 608. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the
Secretary in carrying out the purposes of this title.
(b) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage
and let contracts and receive reimbursements, subject to
amounts being made available in advance in appropriations
Acts, for work carried out under such contracts or
subcontracts.
SEC. 609. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided,
under this title shall not be considered a supplemental or
additional benefit for purposes of the Reclamation Reform Act
of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).
SEC. 610. APPROPRIATIONS AUTHORIZED.
Within existing budgetary authority and subject to the
availability of appropriations, the Secretary is authorized
to expend up to $25,000,000, plus such additional amount, if
any, as may be required by reason of changes in costs of
services of the types involved in the District's projects as
shown by engineering and other relevant indexes to carry out
this title. Sums appropriated under this section shall remain
available until expended.
TITLE VII--CONVEYANCE TO YUMA PORT AUTHORITY
SEC. 701. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT
AUTHORITY.
(a) Authority To Convey.--
(1) In general.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may, in the 5-year period
beginning on the date of the enactment of this Act and in
accordance with the conditions specified in subsection (b)
convey to the Greater Yuma Port Authority the interests
described in paragraph (2).
(2) Interests described.--The interests referred to in
paragraph (1) are the following:
(A) All right, title, and interest of the United States in
and to the lands comprising Section 23, Township 11 South,
Range 24 West, G&SRBM, Lots 1-4, NE\1/4\, N\1/2\ NW\1/4\,
excluding lands located within the 60-foot border strip, in
Yuma County, Arizona.
(B) All right, title, and interest of the United States in
and to the lands comprising Section 22, Township 11 South,
Range 24 West, G&SRBM, East 300 feet of Lot 1, excluding
lands located within the 60-foot border strip, in Yuma
County, Arizona.
(C) All right, title, and interest of the United States in
and to the lands comprising Section 24, Township 11 South,
Range 24 West, G&SRBM, West 300 feet, excluding lands in the
60-foot border strip, in Yuma County, Arizona.
(D) All right, title, and interest of the United States in
and to the lands comprising the East 300 feet of the
Southeast Quarter of Section 15, Township 11 South, Range 24
West, G&SRBM, in Yuma County, Arizona.
(E) The right to use lands in the 60-foot border strip
excluded under subparagraphs (A), (B), and (C), for ingress
to and egress from the international boundary between the
United States and Mexico.
(b) Deed Covenants and Conditions.--Any conveyance under
subsection (a) shall be subject to the following covenants
and conditions:
(1) A reservation of rights-of-way for ditches and canals
constructed or to be constructed by the authority of the
United States, this reservation being of the same character
and scope as that created with respect to certain public
lands by the Act of August 30, 1890 (26 Stat. 391; 43 U.S.C.
945), as it has been, or may hereafter be amended.
(2) A leasehold interest in Lot 1, and the west 100 feet of
Lot 2 in Section 23 for the operation of a Cattle Crossing
Facility, currently being operated by the Yuma-Sonora
Commercial Company, Incorporated. The lease as currently held
contains 24.68 acres, more or less. Any renewal or
termination of the lease shall be by the Greater Yuma Port
Authority.
(3) Reservation by the United States of a 245-foot
perpetual easement for operation and maintenance of the 242
Lateral Canal and Well Field along the northern boundary of
the East 300 feet of Section 22, Section 23, and the West 300
feet of Section 24 as shown on Reclamation Drawing Nos. 1292-
303-3624, 1292-303-3625, and 1292-303-3626.
(4) A reservation by the United States of all rights to the
ground water in the East 300 feet of Section 15, the East 300
feet of Section 22, Section 23, and the West 300 feet of
Section 24, and the right to remove, sell, transfer, or
exchange the water to meet the obligations of the Treaty of
1944 with the Republic of Mexico, and Minute Order No. 242
for the delivery of salinity controlled water to Mexico.
(5) A reservation of all rights-of-way and easements
existing or of record in favor of the public or third
parties.
(6) A right-of-way reservation in favor of the United
States and its contractors, and the State of Arizona, and its
contractors, to utilize a 33-foot easement along all section
lines to freely give ingress to, passage over, and egress
from areas in the exercise of official duties of the United
States and the State of Arizona.
(7) Reservation of a right-of-way to the United States for
a 100-foot by 100-foot parcel for each of the Reclamation
monitoring wells, together with unrestricted ingress and
egress to both sites. One monitoring well is located in Lot 1
of Section 23 just north of the Boundary Reserve and just
west of the Cattle Crossing Facility, and the other is
located in the southeast corner of Lot 3 just north of the
Boundary Reserve.
(8) An easement comprising a 50-foot strip lying North of
the 60-foot International Boundary Reserve for drilling and
operation of, and access to, wells.
(9) A reservation by the United States of \15/16\ of all
gas, oil, metals, and mineral rights.
(10) A reservation of \1/16\ of all gas, oil, metals, and
mineral rights retained by the State of Arizona.
(11) Such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the Greater Yuma Port Authority shall pay the
United States consideration equal to the fair market value on
the date of the enactment of this Act of the interest
conveyed.
(2) Determination.--For purposes of paragraph (1), the fair
market value of any interest in land shall be determined
taking into account that the land is undeveloped, that 80
acres is intended to be dedicated to use by the United States
for Federal governmental purposes, and that an additional
substantial portion of the land is dedicated to public right-
of-way, highway, and transportation purposes.
(d) Use.--The Greater Yuma Port Authority and its
successors shall use the interests conveyed solely for the
purpose of the construction and operation of an international
port of entry and related activities.
(e) Compliance With Laws.--Before the date of the
conveyance, actions required with respect to the conveyance
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National Historic Preservation Act
(16 U.S.C. 470 et seq.), and other applicable Federal laws
must be completed at no cost to the United States.
(f) Use of 60-Foot Border Strip.--Any use of the 60-foot
border strip shall be made in coordination with Federal
agencies having authority with respect to the 60-foot border
strip.
(g) Description of Property.--The exact acreage and legal
description of property conveyed under this section, and of
any right-of-way that is subject to a right of use conveyed
pursuant to subsection (a)(2)(E), shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the Greater Yuma Port Authority.
(h) Definitions.--
(1) 60-foot border strip.--The term ``60-foot border
strip'' means lands in any of the Sections of land referred
to in this Act located within 60 feet of the international
boundary between the United States and Mexico.
(2) Greater yuma port authority.--The term ``Greater Yuma
Port Authority'' means Trust No. 84-184, Yuma Title & Trust
Company, an Arizona Corporation, a trust for the benefit of
the Cocopah Tribe, a Sovereign Nation, the County of Yuma,
Arizona, the City of Somerton, and the City of San Luis,
Arizona, or such other successor joint powers agency or
public purpose entity as unanimously designated by those
governmental units.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation.
TITLE VIII--DICKINSON DAM BASCULE GATES SETTLEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Dickinson Dam Bascule
Gates Settlement Act of 2000''.
SEC. 802. FINDINGS.
The Congress finds that--
(1) in 1980 and 1981, the Bureau of Reclamation constructed
the bascule gates on top of the Dickinson Dam on the Heart
River, North Dakota, to provide additional water supply in
the reservoir known as Patterson Lake for the city of
Dickinson, North Dakota, and for additional flood control and
other benefits;
(2) the gates had to be significantly modified in 1982
because of damage resulting from a large ice block causing
excessive pressure on the hydraulic system, causing the
system to fail;
(3) since 1991, the City has received its water supply from
the Southwest Water Authority, which provides much higher
quality water from the Southwest Pipeline Project;
(4) the City now receives almost no benefit from the
bascule gates because the City does not require the
additional water provided by the bascule gates for its
municipal water supply;
(5) the City has repaid more than $1,200,000 to the United
States for the construction of the bascule gates, and has
been working for several years to reach an agreement with the
Bureau of Reclamation to alter its repayment contract;
(6) the City has a longstanding commitment to improving the
water quality and recreation value of the reservoir and has
[[Page H10725]]
been working with the United States Geological Survey, the
North Dakota Department of Game and Fish, and the North
Dakota Department of Health to improve water quality; and
(7) it is in the public interest to resolve this issue by
providing for a single payment to the United States in lieu
of the scheduled annual payments and for the termination of
any further repayment obligation.
SEC. 803. DEFINITIONS.
In this title:
(1) Bascule gates.--The term ``bascule gates'' means the
structure constructed on the Dam to provide additional water
storage capacity in the Lake.
(2) City.--The term ``City'' means the city of Dickinson,
North Dakota.
(3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart
River, North Dakota.
(4) Lake.--The term ``Lake'' means the reservoir known as
``Patterson Lake'' in the State of North Dakota.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of the
Bureau of Reclamation.
SEC. 804. FORGIVENESS OF DEBT.
(a) In General.--The Secretary shall accept a 1-time
payment of $300,000 in lieu of the existing repayment
obligations of the City under the Bureau of Reclamation
Contract No. 9-07-60W0384, dated December 19, 1988, toward
which amount any payments made by the City to the Secretary
on or after June 2, 1998, shall be credited.
(b) Ownership.--Title to the Dam and bascule gates shall
remain with the United States.
(c) Costs.--(1) The Secretary shall enter into an agreement
with the City to allocate responsibilities for operation and
maintenance costs of the bascule gates as provided in this
subsection.
(2) The City shall be responsible for operation and
maintenance costs of the bascule gates, up to a maximum
annual cost of $15,000. The Secretary shall be responsible
for all other costs.
(d) Water Service Contracts.--The Secretary may enter into
appropriate water service contracts if the City or any other
person or entity seeks to use water from the Lake for
municipal water supply or other purposes.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from California (Mr. George Miller)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, S. 1694 would amend title 16 of the Reclamation
Wastewater and Groundwater Study and Facilities Act to include Hawaii
as one of the States eligible to participate in the Bureau of
Reclamation's title 16 program to help alleviate some of the economic
stresses facing rural Hawaii as a result of the decline in sugar
production. In the past decade, acreage of production has declined from
180,000 acres of cane in 1989 to 60,000 acres today.
In addition, the bill provides for drought planning in States that
are eligible under the Reclamation States Emergency Drought Relief Act
and reimbursed by the Bureau of Reclamation for pumping facilities
advanced by the City of Roseville, California, land and facility
transfers in California and Arizona, approval of a program for water
management in Colusa, California, and a correction concerning debt
recovery for a Bureau of Reclamation project in North Dakota.
I urge the adoption of this bill.
Madam Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Speaker, I yield myself such
time as I may consume.
Madam Speaker, S. 1694, as amended, includes important provisions
that affect programs and water management activities under the
jurisdiction of the Bureau of Reclamation. Most of these provisions
have previously been considered by the 106th Congress, and none of them
are controversial.
Section 507 of S. 1694, as amended, addresses the issue of how the
costs of the Sugar Pine Unit of the Central Valley Project are to be
accounted for.
A guiding principle of my approach to Reclamation law has been that
the beneficiaries of a project or program should bear their fair share
of costs. Generally, this equitable concept that meant increasing the
costs or repayment obligations of project beneficiaries so that they
bear a fair share for the public benefits received. In the case of the
Sugar Pine transfer being considered here, Section 507 of the measure
relies on the same principle, but for the opposite purpose of relieving
numerous Central Valley contractors, both municipal/industrial and
agricultural, from project cost allocations where they received no
benefits whatever. In short, the authorization for Sugar Pine Dam and
Reservoir in 1965 (P.L. 89-161) specifically directed that the project
be integrated, both operationally and financially, into the Central
Valley Project. As a factual matter, operational integration never
occurred, yet the costs of Sugar Pine have nonetheless been included in
the pooled costs of the CVP, to be recovered from all CVP contractors
through cost of service rates for water which are now in the process of
being implemented. My remarks here are intended to clarify the intent
and meaning of Section 507 of the Sugar Pine transfer legislation,
which relieves CVP contractors of this inequitable financial obligation
until operational integration occurs.
Section 507 reflects the recognition of Congress that the Sugar Pine
Project is not integrated operationally into the CVP, as well as the
principal that there was and is no authority, in the 1965 authorization
of Sugar Pine or elsewhere, for these project costs to be included in
the pooled reimbursable costs of the CVP in the absence of operational
integration. The exclusion of ``all costs'' by Section 507 is meant to
ensure that not only principal, but also interest charges on unpaid
principle, are excluded from pooled reimbursable costs. This is
intended to be consistent with the treatment provided in similar
legislation related to the Sly Park Unit of the CVP, which was passed
recently by the Congress in the Energy and Water appropriations bill
soon to be signed by the President. The Sly Park provision was drafted
in the other body, but the Sly Park language addressed similar facts
and had the same purpose as the Sugar Pine bill. Both involve transfers
of project ownership for small California Bureau of Reclamation
projects which originally were directed to be integrated into the CVP
but never were, and both provide for the exclusion of costs which were
improperly included in the obligations of CVP contractors even though
the project was never operationally integrated into the CVP. With
respect to the costs to be excluded, the Sly Park bill terms them
``non-reimbursable and non-returnable,'' the same result which is
intended here.
Mr. ABERCROMBIE. Madam Speaker, I support S. 1694, the Hawaii Water
Resources Development Act and urge its passage.
The legislation authorizes the Bureau of Reclamation to undertake a
study of the reclamation and reuse of water and wastewater in Hawaii.
The Bureau is to survey irrigation and water delivery systems,
identifying the costs of rehabilitating systems and evaluating future
water demand.
Much of Hawaii is experiencing a major drought. Sugar, long the
dominant agricultural product of Hawaii, is rapidly ending as a viable
commercial enterprise, freeing vast quantities of water previously
devoted to irrigation. Both factors result in the need to determine
prudent use of existing water resources to meet future demands.
In the last 10 years, 96 sugar farms and plantations have closed and
only two substantial plantations remain in commercial production. Over
130,000 of 180,000 acres previously in sugar cane production is now
idle. Although economic dislocations have resulted, it also affords
Hawaii the first opportunity in more than a century to diversify the
agricultural sector of our economy. Diversified agriculture is now
growing at 5.5% annual rate, surpassing $300 million in value. Vast
tracts of some of the most productive land in the world, however,
remain empty and idle. The availability of water will be a key factor
in determining how these lands will be used for generations to come.
The present water resources transportation and irrigation systems
began in 1856 and now involve some of the most extensive and
hydraulically complex systems in the world, involving tunnels blasted
through mountains, open ditches, syphons and channels carrying water
from the wetter sides of the islands to the interior and leeward sides
for irrigation. Because of declining use, these facilities, engineering
marvels of their time, are falling into disrepair. There may also be
opportunities to restore traditional watersheds. But in all cases, it
is essential that a comprehensive study be undertaken to assess our
current needs and resources before these crucial decisions are made.
Under all existing and projected scenarios, water usage will remain
high.
Many see Hawaii as a lush paradise filled with unique sights and
recreational opportunities. It certainly is all of those, but it would
be fewer of those things without water, which is not abundant in many
parts of the islands. Prior to 1856, what is now some of the most
fertile and productive land in the world was arid due to the geological
characteristics of the Hawaiian Islands whereby most of the rain falls
in the mountain ranges and windward sides, leaving the interior and
leeward sides often sparse in rainfall.
[[Page H10726]]
S. 1694, initiated by Senator Akaka, authorizes an important study,
focusing on opportunities for water reuse, recycling, reclamation and
conservation of water and wastewater for agriculture and non-
agriculture uses.
It is essential to the future of generations to come to Hawaii that
wise decisions on water conservation and allocation be made. Enactment
of S. 1694 is a major step in that direction and I urge passage of the
bill.
Mr. GEORGE MILLER of California. Madam Speaker, I yield back the
balance of my time.
Mr. HANSEN. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Hansen) that the House suspend the rules and
pass the Senate bill, S. 1694, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
The title of the Senate bill was amended so as to read: ``A bill to
direct the Secretary of the Interior to conduct a study on the
reclamation and reuse of water and wastewater in the State of Hawaii,
and for other purposes.''.
A motion to reconsider was laid on the table.
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