[Congressional Record Volume 146, Number 155 (Friday, December 15, 2000)]
[Senate]
[Pages S11939-S11940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 LOWER RIO GRANDE VALLEY RESOURCES CONSERVATION AND IMPROVEMENT ACT OF 
                                  2000

  Mr. STEVENS. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 1761).
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1761) entitled 
     ``An Act to direct the Secretary of the Interior, through the 
     Bureau of Reclamation, to conserve and enhance the water 
     supplies of the Lower Rio Grande Valley'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lower Rio Grande Valley 
     Water Resources Conservation and Improvement Act of 2000''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Reclamation.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner.
       (3) State.--The term ``State'' means the Texas Water 
     Development Board and any other authorized entity of the 
     State of Texas.
       (4) Program area.--The term ``program area'' means--
       (A) the counties in the State of Texas in the Rio Grande 
     Regional Water Planning Area known as Region ``M'' as 
     designated by the Texas Water Development Board; and
       (B) the counties of Hudspeth and El Paso, Texas.

     SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT 
                   PROGRAM.

       (a) In General.--The Secretary, acting pursuant to the 
     Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) 
     and Acts amendatory thereof and supplementary thereto, shall 
     undertake a program in cooperation with the State, water 
     users in the program area, and other non-Federal entities, to 
     investigate and identify opportunities to improve the supply 
     of water for the program area as provided in this Act. The 
     program shall include the review of studies or planning 
     reports (or both) prepared by any competent engineering 
     entity for projects designed to conserve and transport raw 
     water in the program area. As part of the program, the 
     Secretary shall evaluate alternatives in the program area 
     that could be used to improve water supplies, including the 
     following:
       (1) Lining irrigation canals.
       (2) Increasing the use of pipelines, flow control 
     structures, meters, and associated appurtenances of water 
     supply facilities.
       (b) Program Development.--Within 6 months after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the State, shall develop and publish criteria to 
     determine which projects would qualify and have the highest 
     priority for financing under this Act. Such criteria shall 
     address, at a minimum--
       (1) how the project relates to the near- and long-term 
     water demands and supplies in the study area, including how 
     the project would affect the need for development of new or 
     expanded water supplies;
       (2) the relative amount of water (acre feet) to be 
     conserved pursuant to the project;
       (3) whether the project would provide operational 
     efficiency improvements or achieve water, energy, or economic 
     savings (or any combination of the foregoing) at a rate of 
     acre feet of water or kilowatt energy saved per dollar 
     expended on the construction of the project; and
       (4) if the project proponents have met the requirements 
     specified in subsection (c).
       (c) Project Requirements.--A project sponsor seeking 
     Federal funding under this program shall--
       (1) provide a report, prepared by the Bureau of Reclamation 
     or prepared by any competent engineering entity and reviewed 
     by the Bureau of Reclamation, that includes, among other 
     matters--
       (A) the total estimated project cost;
       (B) an analysis showing how the project would reduce, 
     postpone, or eliminate development of new or expanded water 
     supplies;
       (C) a description of conservation measures to be taken 
     pursuant to the project plans;
       (D) the near- and long-term water demands and supplies in 
     the study area; and
       (E) engineering plans and designs that demonstrate that the 
     project would provide operational efficiency improvements or 
     achieve water, energy, or economic savings (or any 
     combination of the foregoing) at a rate of acre feet of water 
     or kilowatt energy saved per dollar expended on the 
     construction of the project;
       (2) provide a project plan, including a general map showing 
     the location of the proposed physical features, conceptual 
     engineering drawings of structures, and general standards for 
     design; and
       (3) sign a cost-sharing agreement with the Secretary that 
     commits the non-Federal project sponsor to funding its 
     proportionate share of the project's construction costs on an 
     annual basis.
       (d) Financial Capability.--Before providing funding for a 
     project to the non-Federal project sponsor, the Secretary 
     shall determine that the non-Federal project sponsor is 
     financially capable of funding the project's non-Federal 
     share of the project's costs.
       (e) Review Period.--Within 1 year after the date a project 
     is submitted to the Secretary for approval, the Secretary, 
     subject to the availability of appropriations, shall 
     determine whether the project meets the criteria established 
     pursuant to this section.
       (f) Report Preparation; Reimbursement.--Project sponsors 
     may choose to contract with the Secretary to prepare the 
     reports required under this section. All costs associated 
     with the preparation of the reports by the Secretary shall be 
     50 percent reimbursable by the non-Federal sponsor.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $2,000,000.

     SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.

       (a) Project Implementation.--If the Secretary determines 
     that any of the following projects meet the review criteria 
     and project requirements, as set forth in section 3, the 
     Secretary may conduct or participate in funding engineering 
     work, infrastructure construction, and improvements for the 
     purpose of conserving and transporting raw water through that 
     project:
       (1) In the Hidalgo County, Texas Irrigation District #1, a 
     pipeline project identified in the Melden & Hunt, Inc. 
     engineering study dated July 6, 2000 as the Curry Main 
     Pipeline Project.
       (2) In the Cameron County, Texas La Feria Irrigation 
     District #3, a distribution system improvement project 
     identified by the 1993 engineering study by Sigler, Winston, 
     Greenwood and Associates, Inc.
       (3) In the Cameron County, Texas Irrigation District #2 
     canal rehabilitation and pumping plant replacement as 
     identified as Job Number 48-05540-002 in a report by Turner 
     Collie & Braden, Inc. dated August 12, 1998.
       (4) In the Harlingen Irrigation District Cameron #1 
     Irrigation District a project of meter installation and canal 
     lining as identified in a proposal submitted to the Texas 
     Water Development Board dated April 28, 2000.
       (b) Construction Cost Share.--The non-Federal share of the 
     costs of any construction carried out under, or with 
     assistance provided under, this section shall be 50 percent. 
     Not more than 40 percent of the costs of such an activity may 
     be paid by the State. The remainder of the non-Federal share 
     may include in-kind contributions of goods and services, and 
     funds previously spent on feasibility and engineering 
     studies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
agree to the amendment of the House.

[[Page S11940]]

  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________