[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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