[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[House]
[Pages H7257-H7258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         LLAGAS RECLAMATION GROUNDWATER REMEDIATION INITIATIVE

  Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4459) to authorize the Secretary of the Interior, acting 
through the Bureau of Reclamation and in coordination with other 
Federal, State, and local government agencies, to participate in the 
funding and implementation of a balanced, long-term groundwater 
remediation program in California, and for other purposes.
  The Clerk read as follows:

                               H.R. 4459

       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 ``Llagas Reclamation 
     Groundwater Remediation Initiative''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act:
       (1) Groundwater remediation.--The term ``groundwater 
     remediation'' means actions that are necessary to prevent, 
     minimize, or mitigate damage to groundwater.
       (2) Local water authority.--The term ``local water 
     authority'' means the Santa Clara Valley Water District.
       (3) Remediation fund.--The term ``Remediation Fund'' means 
     the California Basins Groundwater Remediation Fund 
     established pursuant to section 3(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. CALIFORNIA BASINS REMEDIATION.

       (a)  California Basins Remediation.--
       (1) Establishment of remediation fund.--There shall be 
     established within the Treasury of the United States an 
     interest bearing account to be known as the California Basins 
     Groundwater Remediation Fund.
       (2) Administration of remediation fund.--The Remediation 
     Fund shall be administered by the Secretary of the Interior, 
     acting through the Bureau of Reclamation. The Secretary shall 
     administer the Remediation Fund in cooperation with the local 
     water authority.
       (3) Purposes of remediation fund.--
       (A) In general.--Subject to subparagraph (B), the amounts 
     in the Remediation Fund, including interest accrued, shall be 
     used by the Secretary to provide grants to the local water 
     authority to reimburse the local water authority for the 
     Federal share of the costs associated with designing and 
     constructing groundwater remediation projects to be 
     administered by the local water authority.
       (B) Cost-sharing limitation.--
       (i) In general.--The Secretary may not obligate any funds 
     appropriated to the Remediation Fund in a fiscal year until 
     the Secretary has deposited into the Remediation Fund an 
     amount provided by non-Federal interests sufficient to ensure 
     that at least 35 percent of any funds obligated by the 
     Secretary for a project are from funds provided to the 
     Secretary for that project by the non-Federal interests.
       (ii) Non-federal responsibility.--Each local water 
     authority shall be responsible for providing the non-Federal 
     amount required by clause (i) for projects under that local 
     water authority. The State of California, local government 
     agencies, and private entities may provide all or any portion 
     of the non-Federal amount.
       (iii) Credits toward non-federal share.--For purposes of 
     clause (ii), the Secretary shall credit the appropriate local 
     water authority with the value of all prior expenditures by 
     non-Federal interests made after January 1, 2000, that are 
     compatible with the purposes of this section, including--

       (I) all expenditures made by non-Federal interests to 
     design and construct groundwater remediation projects, 
     including expenditures associated with environmental analyses 
     and public involvement activities that were required to 
     implement the groundwater remediation projects in compliance 
     with applicable Federal and State laws; and
       (II) all expenditures made by non-Federal interests to 
     acquire lands, easements, rights-of-way, relocations, 
     disposal areas, and water rights that were required to 
     implement a groundwater remediation project.

       (b) Compliance With Applicable Law.--In carrying out the 
     activities described in this section, the Secretary shall 
     comply with any applicable Federal and State laws.
       (c) Relationship to Other Activities.--Nothing in this 
     section shall be construed to affect other Federal or State 
     authorities that are being used or may be used to facilitate 
     remediation and protection of the Llagas groundwater 
     subbasin. In carrying out the activities described in this 
     section, the Secretary shall integrate such activities with 
     ongoing Federal and State projects and activities. None of 
     the funds made available for such activities pursuant to this 
     section shall be counted against any Federal authorization 
     ceiling established for any previously authorized Federal 
     projects or activities.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Remediation Fund $25,000,000. Such 
     funds shall remain available until expended.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico (Mr. Pearce) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from New Mexico (Mr. Pearce).


                             General Leave

  Mr. PEARCE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 4459, the bill under 
consideration.

[[Page H7258]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. PEARCE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Pombo), the distinguished, wise and 
principled chairman of the Committee on Resources.
  Mr. POMBO. Mr. Speaker, I thank gentleman for yielding me this time.
  Mr. Speaker, in California's Eleventh District, the City of Morgan 
Hill and surrounding communities, face a serious problem due to 
groundwater contamination with perchlorate. Hundreds of private and 
city-owned wells have been closed, and many residents are forced to 
rely on bottled water.
  To help remedy this situation, I introduce H.R. 4459, the Llagas 
Reclamation Groundwater Remediation Initiative. This bill will provide 
$25 million in Federal funding to assist the Santa Clara Valley Water 
District's efforts to identify the scope of the contamination and begin 
a comprehensive, long-term program to once again provide high-quality 
drinking water to the area's residents. This funding mechanism is based 
on a practical working model currently underway in the San Gabriel 
Basin in Southern California.
  Everyone agrees on the need for safe drinking water for our 
communities. This bill reflects this consensus and puts words into 
action. It is my hope that this bill will act as a successful model for 
other areas of the country as well.
  Mr. Speaker, I urge my colleagues to support this important bill.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, before I speak to H.R. 4459, I just 
want to also take this opportunity to recognize the opening of the 
Smithsonian National Museum of the American Indian which will honor, 
memorialize, and teach the history and culture of the first people of 
this country and to welcome their representatives here to the Nation's 
Capitol.
  Mr. Speaker, on H.R. 4459, many communities in California, and, in 
fact, throughout the Nation, are faced with the prospect of shutting 
down their drinking water supply wells because water has been 
contaminated with perchlorate or other chemicals. It is critically 
important we provide assistance to these communities so they can clean 
up their drinking water supplies.
  H.R. 4459 will specifically provide assistance to communities in the 
Santa Clara Valley area of California. The Committee on Resources has 
also approved similar legislation, H.R. 4606, for Southern California, 
introduced by our colleague on the Committee on Resources, the 
gentleman from California (Mr. Baca). I support both bills and I 
appreciate the support and leadership demonstrated by the gentleman 
from California (Mr. Pombo) on this important problem.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HONDA. Mr. Speaker, I commend Chairman Pombo for introducing the 
Llagas Reclamation Groundwater Remediation Initiative.
  On January 16, 2003, residents of San Martin, Morgan Hill, and Gilroy 
in south Santa Clara County were shocked to learn that perchlorate had 
been detected in more than 800 area wells. The approximately 90,000 
residents of the Llagas Groundwater Subbasin rely solely on groundwater 
for their drinking water supply, but the perchlorate concentration in 
more than 200 wells exceeds the California Public Health Goal of 6 
micrograms per liter.
  From 1956 to 1996, the Olin Corporation owned and, along with 
Standard Fusee, operated a flare manufacturing facility on Tennant 
Avenue in Morgan Hill. During that time, waste water containing 
perchlorate was discharged to evaporation ponds on the site, which 
allowed perchlorate to enter the subsurface and contaminate 
groundwater. The perchlorate was first detected in a public water 
supply well across the street from the Olin facility in Spring 2002. 
Subsequent groundwater testing by Olin and the Santa Clara Valley Water 
District revealed a 10.5 mile long perchlorate plume contaminating the 
groundwater in the area.
  As a result, bottled water is being provided to approximately 800 
households, and thousands of other residents are receiving treated 
groundwater from the city of Morgan Hill, the West San Martin Water 
Works, or San Martin County Water District. The level of community 
interest in the situation and participation in efforts to solve it, has 
been unprecedented. The Santa Clara Valley Water District has held two 
public meetings to respond to community concerns, and approximately 800 
people attended the first meeting, with 450 attending the second 
meeting. Water District staff continues to receive dozens of inquiries 
from the public every week.
  The Water District has spent more than $2,000,000 addressing the 
perchlorate issue to date. In addition, the City of Morgan Hill has 
incurred costs for wellhead treatment and the city of Gilroy has 
incurred costs for contingency planning. The county of Santa Clara has 
incurred costs related to analyzing health data and communicating 
health risks to the community. Residents in the affected area have 
devoted their own time and resources toward finding solutions. The 
entire community has been affected land is working together to find 
solutions, and the Federal Government should help in any way it can.
  While much work has been done on this contamination case, significant 
unknowns remain and many of the necessary remediation efforts, 
including containment of the 10.5 mile long perchlorate plume, have not 
yet been started. Residents still wonder when the contamination will 
reach their wells, whether it is safe to eat produce from their gardens 
or the store, and whether health problems of people they know are 
related to the perchlorate contamination. The community has the right 
to have its groundwater restored to the condition it was in before it 
was polluted. That cleanup should begin now, before the plume affects 
any more areas.
  H.R. 4459 establishes a program that can address the community's 
perchlorate needs and interests. The $25 million specified in the bill 
provides a means of implementing overdue solutions for the community. 
The funding in the bill provides a means for local agencies to 
implement timely, necessary solutions to protect the community, for 
which they can be reimbursed by the responsible party at a later date. 
It is not meant to excuse responsible parties from their duties to 
remediate contamination.
  In the past, Chairman Pombo, Representative Lofgren, and I have been 
fortunate to secure appropriations for perchlorate groundwater 
remediation and cleanup in this area where our Congressional districts 
come together, but the implementing regulations have prevented the use 
of this funding to move many projects of interest to the community 
forward. The broad parameters of H.R. 4459, which authorizes the 
Secretary of the Interior to participate in the funding and 
implementation of a balanced, long-term remediation program for 
California, will provide for solutions the community is asking for.
  Once again, I thank chairman Pombo for his hard work on this bill and 
for bringing it to the House floor quickly. I look forward to 
continuing to work with him in the future to solve the perchlorate 
problem in south Santa Clara County.
  Mr. PEARCE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mrs. CHRISTENSEN. 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 New Mexico (Mr. Pearce) that the House suspend the rules 
and pass the bill, H.R. 4459.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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