[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6867-H6869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             RECLAMATION RECREATION MANAGEMENT ACT OF 2002

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5460) to reauthorize and amend the Federal Water Project 
Recreation Act, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 5460

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reclamation Recreation 
     Management Act of 2002''.

     SEC. 2. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION 
                   ACT.

       (a) Congressional Policy.--The first section of the Federal 
     Water Project Recreation Act (16 U.S.C. 460l-12) is amended 
     by striking ``public bodies'' and inserting ``entities''.
       (b) Allocation of Costs.--Section 2 of the Federal Water 
     Project Recreation Act (16 U.S.C. 460l-13) is amended--
       (1) in subsection (a) by striking ``, before authorization 
     of a project,'';
       (2) in subsection (a), by striking ``public bodies'' and 
     inserting ``entities'' and by striking ``Projects authorized 
     during the calendar year'' and all that follows to the end of 
     the subsection;
       (3) in subsection (b) by striking ``non-Federal interests'' 
     each place it appears and inserting ``non-Federal entities'';
       (4) in subsection (b)(2)--
       (A) by striking ``: Provided, That the source of repayment 
     may be limited to'' and inserting ``. The source of repayment 
     may include''; and
       (B) by inserting ``and retained'' after ``collected''; and
       (5) in subsection (b)(2) by adding at the end the 
     following: ``Fees and charges may be collected, retained and 
     used by the non-Federal entities for operation, maintenance, 
     and replacement of recreation facilities on project lands and 
     waters being managed by the non-Federal entities. As 
     established by the Secretary, any excess revenues will be 
     credited to the Reclamation Fund to remain available, without 
     further Act of appropriation, to support recreation 
     development and management of Bureau of Reclamation land and 
     water areas.''.
       (c) Recreation and Fish and Wildlife Enhancement.--Section 
     3 of the Federal Water Project Recreation Act (16 U.S.C. 
     460l-14) is amended--
       (1) by striking subsection (a), redesignating subsection 
     (b) as subsection (a), and inserting after subsection (a) (as 
     so redesignated) the following:
       ``(b) In the absence of a non-Federal managing partner, the 
     Secretary of the Interior, acting through the Commissioner of 
     Reclamation, is authorized, as a part of any water resource 
     development project under the Secretary's control heretofore 
     or hereafter authorized or reauthorized, to investigate, 
     plan, construct, replace, manage, operate and maintain or 
     otherwise provide for public use and enjoyment of project 
     lands, facilities, and water areas in a manner coordinated 
     with the other project purposes; the costs of which are 
     nonreimbursable.'';
       (2) in subsection (a) (as so redesignated)--
       (A) by inserting ``or enhance'' after ``project 
     construction to preserve'';
       (B) by striking ``enhancement potential'' each place it 
     appears and inserting ``resources'';
       (C) by striking ``public bodies'' each place it appears and 
     inserting ``entities'';
       (D) by striking ``public body'' and inserting ``entity''; 
     and
       (E) by striking ``or, in the absence thereof, will not 
     detract from that potential'';
       (3) in subsection (c)(1)(B) by striking ``public body'' 
     each place it appears and inserting ``entity''; and
       (4) by adding at the end of subsection (c) the following:
       ``(3) In the absence of a non-Federal managing partner, the 
     Secretary of the Interior, acting through the Commissioner of 
     Reclamation, may modify or expand existing facilities, the 
     costs of which are nonreimbursable.''.
       (d) Lease of Facilities.--
       (1) Repeal.--Section 4 of the Federal Water Project 
     Recreation Act (16 U.S.C. 460l-15) is repealed, and sections 
     5 through 12 of such Act are redesignated as sections 4 
     through 11, respectively.
       (2) Conforming amendment.--Section 6(e) of the Federal 
     Water Project Recreation Act (16 U.S.C. 460l-17(e)) is 
     amended by striking ``4, and 5'' and inserting ``, and 4''.
       (e) Post Authorization Development.--Section 5 of the 
     Federal Water Project Recreation Act (16 U.S.C. 460l-16) is 
     amended by striking ``public bodies'' and inserting 
     ``entities''.
       (f) Provision of Facilities.--Section 7 of the Federal 
     Water Project Recreation Act (16 U.S.C. 460l-18) is amended--
       (1) in subsection (e) by striking ``and 5'' and inserting 
     ``and between 3 and 4'';
       (2) in subsection (g) by striking ``3(b)'' and inserting 
     ``3(a)''; and
       (3) in subsection (h) by striking ``public bodies'' and 
     inserting ``entities''; and by striking ``3(b)'' and 
     inserting ``3(a)''.
       (g) Miscellaneous Reports.--Section 6 of the Federal Water 
     Project Recreation Act (16 U.S.C. 460l-17) is amended by 
     adding at the end the following:
       ``(i) Amounts collected under section 2805 of Public Law 
     102-575 for admission to or recreation use of project land 
     and waters shall be deposited in a special account in the 
     Reclamation Fund and remain available to the Commissioner of 
     Reclamation without further appropriation until expended. 
     Such funds may be used for the development, reconstruction, 
     replacement, management, and operation of recreation 
     resources on project lands and waters with not less than 60 
     percent being used at the site from which the fees were 
     collected.''.
       (h) Management for Recreation, Fish and Wildlife, and Other 
     Resources.--Section 7 of the Federal Water Project Recreation 
     Act (16 U.S.C. 460l-18) is amended--
       (1) by amending subsection (a) to read as follows:

[[Page H6868]]

       ``(a) The Secretary of the Interior, acting through the 
     Commissioner of Reclamation, is authorized, in conjunction 
     with any water resource development project heretofore or 
     hereafter constructed or which is otherwise under the 
     Secretary's control, to--
       ``(1) investigate, plan, design, construct, replace, 
     manage, operate, and maintain or otherwise provide for 
     recreation and fish and wildlife enhancement facilities and 
     services, the costs of which may be nonreimbursable;
       ``(2) provide for public use and enjoyment of project 
     lands, facilities, and water areas in a manner coordinated 
     with the other project purposes, including by entering into 
     grants, cooperative agreements, and similar instruments with 
     non-Federal entities, without cost sharing, for recreation 
     projects and activities; and
       ``(3) to acquire or otherwise make available such adjacent 
     lands or interests therein as are necessary for public 
     recreation or fish and wildlife use.'';
       (2) in subsection (b)--
       (A) by inserting ``, acting through the Commissioner of 
     Reclamation,'' after ``the Secretary of the Interior'';
       (B) by inserting ``and management'' after 
     ``administration'';
       (C) by striking ``lease''; and
       (D) by adding at the end the following: ``All such 
     agreements or contracts for administration or management 
     shall identify the terms and conditions of administration, 
     management, and use, approvals required from Bureau of 
     Reclamation, and assure public access to project lands 
     managed for recreation.'';
       (3) by adding at the end the following:
       ``(d) The Secretary of the Interior, acting through the 
     Commissioner of Reclamation, is also authorized to enter into 
     agreements with other non-Federal entities for recreation and 
     concession management at Bureau of Reclamation projects. All 
     such agreements or contracts for management shall identify 
     the terms and conditions of management and use, approvals 
     required from the Bureau of Reclamation, and assure public 
     access to project lands managed for recreation.''; and
       ``(e) The Secretary of the Interior, acting through the 
     Commissioner of Reclamation, is authorized to approve the 
     administration, management, and use of Bureau of Reclamation 
     lands, waters, and the resources thereon by means of 
     easements, leases, licenses, contracts, permits, and other 
     forms of conveyance instruments.
       ``(f) The Secretary of the Interior, acting through the 
     Commissioner of Reclamation, is authorized to produce, sell, 
     or otherwise make available to the public: information about 
     Bureau of Reclamation programs including publications, 
     photographs, computer discs, maps, brochures, posters, 
     videos, and other memorabilia related to the Bureau of 
     Reclamation, and the natural, historic, and cultural 
     resources of the area; and, other appropriate and suitable 
     merchandise to enhance the public's use of the area. Income 
     from such sales shall be credited to the Reclamation Fund to 
     remain available, without further Act of appropriation, to 
     pay costs associated with the production and sale of items, 
     and any remaining revenue shall be available, without further 
     Act of appropriation, to support recreation development and 
     management of Bureau of Reclamation land and water areas.''.
       (i) Definitions.--Section 10 of the Federal Water Project 
     Recreation Act (16 U.S.C. 460l-21) is amended by adding at 
     the end the following:
       ``(f) The term `non-Federal entity' means non-Federal 
     public bodies, nonprofit organizations, Indian tribes, or 
     entities within the private sector.''.
       (j) Authorization of Appropriations.--The Federal Water 
     Project Recreation Act (16 U.S.C. 460l-12 et seq.) is amended 
     by redesignating section 11 (as redesignated by subsection 
     (d) of this section) as section 12, and by inserting after 
     section 10 the following:

     ``SEC. 11. AVAILABILITY OF APPROPRIATIONS.

       ``Funds appropriated under this section may remain 
     available until expended.''.
       (k) Limitation on Application.--This section and the 
     amendments made by this section shall apply only to water 
     resource development projects under the control of the 
     Secretary of the Interior.

     SEC. 3. RECREATIONAL FACILITIES AT LOST CREEK RESERVOIR.

       (a) Construction of Facilities.--As soon as practicable 
     after funds are made available for this section, the 
     Secretary of the Interior shall construct recreational 
     facilities at Lost Creek Reservoir in Utah.
       (b) Maintenance and Operation of Facilities.--Construction 
     of recreational facilities under subsection (a) shall begin 
     only after the Secretary has entered into a cooperative 
     agreement with the State of Utah that provides for the 
     operation and maintenance of the recreational facilities.
       (c) Cost Sharing.--The Federal share of the cost of 
     construction carried out under this section shall be 50 
     percent.

     SEC. 4. TECHNICAL CORRECTION.

       Section 1(g) of Public Law 107-69 (115 Stat. 595) is 
     amended by striking ``section 2(c)(1)'' and inserting 
     ``subsection (c)(1)''.

     SEC. 5. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER 
                   RECLAMATION AND REUSE PROJECT.

       (a) Authorization of Project.--The Reclamation Wastewater 
     and Groundwater Study and Facilities Act (Public Law 102-575, 
     title XVI; 43 U.S.C. 390h et seq.) is amended by adding at 
     the end the following:

     ``SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND REUSE 
                   PROJECT.

       ``(a) Authorization.--The Secretary, in cooperation with 
     the City of Austin Water and Wastewater Utility, Texas, is 
     authorized to participate in the planning (including an 
     appraisal and feasibility study), design, and construction 
     of, and land acquisition for, a project to reclaim and reuse 
     wastewater, including degraded groundwaters, within and 
     outside of the service area of the City of Austin Water and 
     Wastewater Utility, Texas.
       ``(b) Cost Share.--The Federal share of the cost of the 
     project authorized by this section shall not exceed 25 
     percent of the total cost of the project.
       ``(c) Limitation.--The Secretary shall not provide funds 
     for the operation and maintenance of the project authorized 
     by this section.''.
       (b) Clerical Amendment.--The table of contents in section 2 
     of Public Law 102-575 (106 Stat. 4600) is amended by adding 
     at the end of the items relating to chapter XVI the 
     following:

``Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.''.

     SEC. 6. WILLARD BAY RESERVOIR ENLARGEMENT STUDY.

       (a) Authorization of Feasibility Study.--Pursuant to the 
     reclamation laws, the Secretary of the Interior, through the 
     Bureau of Reclamation, may conduct a feasibility study on 
     raising the height of Arthur V. Watkins Dam and thereby 
     enlarging the Willard Bay Reservoir for the development of 
     additional storage to meet water supply needs within the 
     Weber Basin Project area. The feasibility study shall include 
     such environmental evaluation as required under the National 
     Environmental Policy Act of 1969 and a cost allocation as 
     required under the Reclamation Projects Act of 1939.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the results of the study to the Congress for review and 
     approval.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $2,000,000.

     SEC. 7. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.

       (a) Authorization of Cooperative and Interagency 
     Agreements.--Section 3(a) of the Water Desalination Act of 
     1996 (42 U.S.C. 10301 note) is amended in the first sentence 
     by inserting ``and cooperative and interagency agreements'' 
     after ``contracts''.
       (b) Authorization of Appropriations.--Section 8 of such Act 
     is amended--
       (1) in subsection (a) by striking ``1997 through 2002'' and 
     inserting ``2003 through 2008''; and
       (2) in subsection (b) by striking ``$25,000,000 for fiscal 
     years 1997 through 2002'' and inserting ``$25,000,000 for 
     fiscal years 2003 through 2008''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  This legislation provides the Bureau of Reclamation the authority to 
develop and manage recreation at reclamation water projects. The 
legislation also authorizes the Secretary of the Interior to 
participate in the design, planning and construction of a project to 
reclaim and reuse wastewater within the city of Austin, Texas.
  Furthermore, the bill provides for the reauthorization of the Water 
Desalinization Act of 1996 and provides authority for the Secretary to 
study the feasibility of raising Willard Bay Reservoir in Utah.
  Mr. Speaker, I include the following for the Record:
         U.S. House of Representatives, Committee on 
           Transportation and Infrastructure,
                                  Washington, DC, October 1, 2002.
     Hon. James Hansen,
     Chairman, Committee on Resources,
     Washington, DC.
       Dear Chairman Hansen: I am writing with regard to H.R. 
     5460, to reauthorize and amend the Federal Water Project 
     Recreation Act, which was referred to the Committee on 
     Resources on September 25, 2002. This legislation affects 
     programs under the jurisdiction of the Transportation and 
     Infrastructure Committee.
       I recognize your desire to bring this bill before the House 
     in an expeditious manner. Accordingly, I will not exercise my 
     Committee's right to a sequential referral of the 
     legislation. By agreeing to waive its consideration of the 
     bill, however, the Committee on Transportation and 
     Infrastructure does not waive its jurisdiction over H.R. 
     5460. In addition, the Transportation and Infrastructure 
     Committee reserves its authority to seek conferees on 
     provisions of the bill that are within its jurisdiction 
     during any House-Senate conference that may be convened on 
     this legislation. I ask for your commitment to support any 
     request by the Transportation and Infrastructure Committee 
     for conferees on H.R. 5460.

[[Page H6869]]

       I request that you include a copy of our exchange of 
     letters in the Congressional Record during consideration on 
     the House Floor. Thank you.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. RAHALL asked and was given permission to revise and extend his 
remarks.)
  Mr. RAHALL. Mr. Speaker, this is legislation that was introduced by 
the gentleman from Texas (Mr. Doggett). I want to commend him for this 
very worthy piece of legislation and his persistence and dedication to 
helping provide his people high-quality water supplies.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Texas (Mr. Doggett).
  Mr. DOGGETT. Mr. Speaker, I thank the gentleman from West Virginia 
for his help on this legislation, and I thank the gentleman from Utah 
(Mr. Hansen), the chairman of the committee, as well as the gentleman 
from California (Mr. Calvert), the subcommittee chairman who was very 
helpful to us during the subcommittee proceedings on this legislation, 
which has now been appended to some legislation of the gentleman from 
California (Mr. Calvert).
  Mr. Speaker, I would also want to recognize the contribution of Mayor 
Gus Garcia of Austin. He ably presented the city's case for this 
legislation in his first testimony before the Congress as our mayor.
  After witnessing the catastrophic floods that struck central Texas 
earlier this year, many people may wonder why we need to conserve 
water. But, in fact, though we have some mighty powerful rivers, we 
also have a mighty thirsty State. Austin is a city that has been 
blessed with many resources. We believe that by conserving these 
resources in part through this bill that we will have an ample water 
supply in the future. This legislation will enable the city of Austin, 
with the assistance of the Bureau of Reclamation, to conserve our water 
supply through planning and development of a project to reclaim and 
reuse treated wastewater. The initiative will reduce demand on Austin's 
water supply and conserve water for human consumption. It is estimated 
that the project can save as much as 9 billion gallons of water each 
year.
  Austin is already a recognized leader in water resource planning, and 
with this Federal legislative backup, our community can further address 
water conservation and sustainable development.
  The growth of the city of Austin has been tremendous in the last 
decade and has presented us with challenges, one of which is planning 
for our water needs. This legislation will help assure that. The water 
reclamation project will provide assistance to beneficiaries as diverse 
as the city itself, from municipal parks to schools to industrial 
facilities. Indeed, our high-tech manufacturing plants are major water 
consumers and with this legislation they are assured not only greater 
water availability, but water at a lesser cost, which is very important 
to them.
  Mr. Speaker, I believe it was Ben Franklin who said, ``When the well 
is dry, we know the worth of water.'' Fortunately, there is no danger 
of the Colorado River running dry, but there are many demands on water 
rights from that river, and it is well that through this legislation we 
move forward progressively, working with the Federal Government and the 
Bureau of Reclamation to assure that we have our water needs met in the 
future.
  Mr. HANSEN. Mr. Speaker, I have no requests for time, and I yield 
back the balance of my time.
  Mr. RAHALL. Mr. 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 bill, H.R. 5460, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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