[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.
____________________