[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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