[House Report 105-624]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-624
_______________________________________________________________________


 
 PROVIDING FOR THE CONSIDERATION OF H.R. 3267, THE SONNY BONO MEMORIAL 
                       SALTON SEA RECLAMATION ACT

                                _______
                                

   July 14, 1998.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 500]

    The Committee on Rules, having had under consideration 
House Resolution 500, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 3267, 
the ``Sonny Bono Memorial Salton Sea Act'' under a modified 
closed rule. The rule provides one hour of debate divided 
equally between the chairman and ranking minority member of the 
Committee on Resources.
    The rule waives all points of order against consideration 
in the House. It provides, in lieu of the Resources Committee 
amendment, that an amendment in the nature of a substitute 
accompanying this report shall be considered as adopted.
    The rule also provides for an amendment to be offered by 
Representative Miller (CA) or his designee printed in the 
Congressional Record which shall be considered as read, and 
shall be debatable for one hour equally divided and controlled 
by the proponent and an opponent.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

     amendment in the nature of a substitute considered as adopted

    In lieu of the amendment recommended by the Committee on 
Resources, the amendment in the nature of a substitute 
considered as adopted:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Sonny Bono 
Memorial Salton Sea Reclamation Act''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                 TITLE I--SALTON SEA RECLAMATION PROJECT

Sec. 101. Salton Sea Reclamation Project authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono 
          Salton Sea National Wildlife Refuge.
Sec. 104. Relationship to other laws and agreements governing the 
          Colorado River.

 TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER 
                              AND NEW RIVER

Sec. 201. Alamo River and New River irrigation drainage water.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) The Salton Sea, located in Imperial and Riverside 
        Counties, California, is an economic and environmental 
        resource of national importance.
          (2) The Salton Sea is critical as--
                  (A) a reservoir for irrigation, municipal, 
                and stormwater drainage; and
                  (B) a component of the Pacific flyway.
          (3) Reclaiming the Salton Sea will provide national 
        and international benefits.
          (4) The Federal, State, and local governments have a 
        shared responsibility to assist in the reclamation of 
        the Salton Sea.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) The term ``Committees'' means the Committee on 
        Resources and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Energy and Natural Resources and the 
        Committee on Environment and Public Works of the 
        Senate.
          (2) The term ``Project'' means the Salton Sea 
        reclamation project authorized by section 101.
          (3) The term ``Salton Sea Authority'' means the Joint 
        Powers Authority by that name established under the 
        laws of the State of California by a Joint Power 
        Agreement signed on June 2, 1993.
          (4) The term ``Secretary'' means the Secretary of the 
        Interior, acting through the Bureau of Reclamation.

                TITLE I--SALTON SEA RECLAMATION PROJECT

SEC. 101. SALTON SEA RECLAMATION PROJECT AUTHORIZATION.

  (a) In General.--The Secretary, in accordance with this 
section, shall undertake a project to reclaim the Salton Sea, 
California.
  (b) Project Requirements.--The Project shall--
          (1) reduce and stabilize the overall salinity of the 
        Salton Sea;
          (2) stabilize the surface elevation of the Salton 
        Sea;
          (3) reclaim, in the long term, healthy fish and 
        wildlife resources and their habitats;
          (4) enhance the potential for recreational uses and 
        economic development of the Salton Sea; and
          (5) ensure the continued use of the Salton Sea as a 
        reservoir for irrigation drainage.
  (c) Feasibility Study.--
          (1) In general.--(A) The Secretary shall promptly 
        initiate a study of the feasibility of various options 
        for meeting the requirements set forth in subsection 
        (b). The purpose of the study shall be to select 1 or 
        more practicable and cost-effective options and to 
        develop a reclamation plan for the Salton Sea that 
        implements the selected options.
          (B)(i) The Secretary shall carry out the feasibility 
        study in accordance with a memorandum of understanding 
        entered into by the Secretary, the Salton Sea 
        Authority, and the Governor of California.
          (ii) The memorandum of understanding shall, at a 
        minimum, establish criteria for evaluation and 
        selection of options under subparagraph (A), including 
        criteria for determining the magnitude and 
        practicability of costs of construction, operation, and 
        maintenance of each option evaluated.
          (2) Options to be considered.--Options considered in 
        the feasibility study--
                  (A) shall consist of--
                          (i) use of impoundments to segregate 
                        a portion of the waters of the Salton 
                        Sea in 1 or more evaporation ponds 
                        located in the Salton Sea basin;
                          (ii) pumping water out of the Salton 
                        Sea;
                          (iii) augmented flows of water into 
                        the Salton Sea;
                          (iv) a combination of the options 
                        referred to in clauses (i), (ii), and 
                        (iii); and
                          (v) any other economically feasible 
                        remediation option the Secretary 
                        considers appropriate;
                  (B) shall be limited to proven technologies; 
                and
                  (C) shall not include any option that--
                          (i) develops or promotes an ongoing 
                        reliance on Colorado River water; or
                          (ii) is inconsistent with section 104 
                        (b) or (c).
          (3) Project design calculations.--In making Project 
        design calculations, the Secretary shall apply 
        assumptions regarding water inflows into the Salton Sea 
        Basin that--
                  (A) encourage water conservation;
                  (B) account for transfers of water out of the 
                Salton Sea Basin;
                  (C) are based on the maximum likely reduction 
                in inflows into the Salton Sea Basin; and
                  (D) include the assumption that inflows into 
                the Salton Sea Basin could be reduced to 
                800,000 acre-feet or less per year.
          (4) Consideration of costs.--In evaluating the 
        feasibility of options, the Secretary shall consider 
        the ability of Federal, tribal, State and local 
        government sources and private sources to fund capital 
        construction costs and annual operation, maintenance, 
        energy, and replacement costs. In that consideration, 
        the Secretary may apply a cost sharing formula to 
        annual operation, maintenance, energy, and replacement 
        costs that is different than the formula that applies 
        to construction costs under subsection (e).
          (5) Interim report.--Not later than 270 days after 
        the date of enactment of this Act, the Secretary shall 
        submit to the Congress an interim report on the study. 
        The interim report shall include--
                  (A) a summary of the options considered in 
                the study for the reclamation of the Salton 
                Sea; and
                  (B) any preliminary findings regarding 
                preferred options for reclamation of the Salton 
                Sea.
          (6) Report and plan.--Not later than 18 months after 
        funds have been made available to carry out the 
        feasibility study under this subsection, the Secretary 
        shall--
                  (A) submit to the Committees a report on the 
                findings and recommendations of the feasibility 
                study, including--
                          (i) the reclamation plan for the 
                        Salton Sea pursuant to paragraph (1), 
                        including a cost sharing formula for 
                        operation and maintenance; and
                          (ii) complete specifications of the 
                        construction activities to be carried 
                        out under subsection (e), that are 
                        sufficient to use for soliciting bids 
                        for those activities, including 
                        professional engineering and design 
                        specifications and drawings and 
                        professional engineer cost estimates; 
                        and
                  (B) complete all environmental compliance and 
                permitting activities required for those 
                construction activities.
  (d) Congressional Review of Report and Reclamation Plan.--
          (1) Review by committees.--After receipt of the 
        report of the Secretary under subsection (c)(6), each 
        of the Committees shall--
                  (A) adopt a resolution approving the 
                reclamation plan included in the report; or
                  (B) adopt a resolution disapproving the 
                reclamation plan and stating the reasons for 
                that disapproval.
          (2) Reclamation plan deemed approved.--If any of the 
        Committees fails to adopt a resolution under paragraph 
        (1)(A) or (B) within 60 legislative days (excluding 
        days on which Congress is adjourned sine die or either 
        House is not in session because of an adjournment of 
        more than 3 days to a day certain) after the date of 
        submission of the report by the Secretary under 
        subsection (c)(6), that Committee is deemed to have 
        approved the reclamation plan included in the report.
  (e) Construction.--
          (1) Initiation.--Subject to paragraph (2) of this 
        subsection and the availability of appropriations, the 
        Secretary shall initiate construction of the Project.
          (2) Cost sharing.--The Federal share of the costs of 
        construction of the Project shall not exceed 50 percent 
        of the total cost of that construction.
          (3) Cost sharing agreement.--The Secretary may not 
        initiate construction of the Project unless the 
        Secretary, the Governor of California, and the Salton 
        Sea Authority enter into an agreement that--
                  (A) adopts the cost sharing formula for 
                annual operation, maintenance, energy, and 
                replacement costs that is included in the 
                reclamation plan approved by the Committees 
                under subsection (d); and
                  (B) implements the cost sharing requirement 
                under paragraph (2) of this subsection for 
                construction costs.
          (4) Limitation on expenditure of federal funds.--No 
        Federal funds may be expended for any construction 
        activity under the Project unless there are available 
        to the Secretary from non-Federal sources amounts 
        sufficient to pay the non-Federal share of the cost of 
        the activity.
  (f) Relationship to Other Law.--
          (1) Reclamation laws.--Activities authorized by this 
        Act or any other law to implement the Project shall not 
        be subject to the Act of June 17, 1902 (32 Stat. 388; 
        43 U.S.C. 391 et seq.), and Acts amendatory thereof and 
        supplemental thereto. Amounts expended for those 
        activities shall be considered nonreimbursable for 
        purposes of those laws. Activities carried out to 
        implement the Project and the results of those 
        activities shall not be considered to be a supplemental 
        or additional benefit for purposes of the Reclamation 
        Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et 
        seq.).
          (2) Preservation of rights and obligations with 
        respect to the colorado river.--This Act shall not be 
        considered to supersede or otherwise affect any treaty, 
        law, or agreement governing use of water from the 
        Colorado River. All activities to implement the Project 
        under this Act must be carried out in a manner 
        consistent with rights and obligations of persons under 
        those treaties, laws, and agreements.
          (3) Judicial review.--Any complaint or challenge of 
        any decision, action, or authorization taken pursuant 
        to this Act shall be filed in a United States district 
        court within 60 days after the date of the decision, 
        action, or the authorization. Such court shall have 
        jurisdiction to resolve any complaint or challenge in 
        accordance with chapter 7 of title 5, United States 
        Code, except that the court shall expedite its review 
        as necessary to ensure that remedial actions at the 
        Salton Sea are not unduly or inappropriately delayed. 
        If a temporary restraining order or preliminary 
        injunction is entered into by a court, the court shall 
        proceed to a final judgment in the matter within 90 
        days thereafter.
          (4) Limitation on liability.--(A) In regard to any 
        actions, programs, or projects implemented by the 
        Secretary under the authority of this Act, the Imperial 
        Irrigation District and Coachella Valley Water District 
        shall not be liable for any damages arising from--
                  (i) enlargement of the Salton Sea and the 
                encroachment of water onto adjacent lands;
                  (ii) reduction of the elevation of the Salton 
                Sea, including exposure of lakebed sediments to 
                the environment; or
                  (iii) any other occurrence which might result 
                in a claim of damage by any owner of property 
                adjacent to the Salton Sea or any other person.
          (B) No person, including the Imperial Irrigation 
        District, California, the Coachella Valley Water 
        District, California, the Salton Sea Authority, the 
        Metropolitan Water District of Southern California, and 
        the San Diego County Water Authority, but not including 
        the Government of the United States, shall be liable 
        for damages arising from any effects to the Salton Sea 
        or its bordering area resulting from--
                  (i) cooperation with the Secretary in regard 
                to any actions, programs, or projects 
                implemented pursuant to this Act;
                  (ii) any action to comply with an order of 
                the Secretary under this Act, a State or 
                Federal court, or a State or Federal 
                administrative or regulatory agency 
                interpreting this Act; or
                  (iii) any other action that reduces the 
                volume of water that flows directly or 
                indirectly into the Salton Sea.
          (C) This title shall not be construed to exempt any 
        person, including the Imperial Irrigation District, 
        California, the Coachella Valley Water District, 
        California, the Salton Sea Authority, the Metropolitan 
        Water District of Southern California, and the San 
        Diego County Water Authority, from--
                  (i) any requirements established under the 
                California Environmental Quality Act or the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); or
                  (ii) any obligations otherwise imposed by 
                law.
          (D) The limitation on liability of the United States 
        contained in section 3 of the Act entitled ``An Act for 
        the control of floods on the Mississippi River and its 
        tributaries, and for other purposes'', approved May 15, 
        1928 (chapter 569; 33 U.S.C. 702c), shall not apply to 
        surplus flood flows that are diverted to the Salton Sea 
        pursuant to this Act.
  (g) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out the Project the following:
                  (A) For the feasibility study under 
                subsection (c), including preparation and any 
                revision of the reclamation plan under 
                subsections (c) and (d), and completion of 
                environmental compliance and permitting 
                required for construction of the Project, 
                $22,500,000.
                  (B) For construction of the Project in 
                accordance with a reclamation plan approved by 
                the Committees, $350,000,000.
          (2) Allocation of appropriations.--Amounts authorized 
        under paragraph (1)(B) may be appropriated to the 
        Administrator of the Environmental Protection Agency 
        and the Secretary of the Interior in amounts that 
        ensure that neither the Administrator nor the Secretary 
        is appropriated substantially all of the Project 
        construction costs.
          (3) Appropriations to the administrator of the 
        environmental protection agency.--Amounts appropriated 
        under paragraph (1)(B) to the Administrator of the 
        Environmental Protection Agency shall be directly 
        available to the Secretary.
          (4) Appropriations to the secretary of the 
        interior.--Amounts appropriated under paragraph (1)(B) 
        to the Secretary may be--
                  (A) derived from the land and water 
                conservation fund;
                  (B) appropriated to the Bureau of 
                Reclamation; or
                  (C) any combination of subparagraphs (A) and 
                (B);

        as specified in appropriations Acts.

SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.

  (a) In General.--The Secretary shall provide for the conduct, 
concurrently with the feasibility study under section 101(c), 
of studies of hydrology, wildlife pathology, and toxicology 
relating to wildlife resources of the Salton Sea by Federal and 
non-Federal entities.
  (b) Selection of Topics and Management of Studies.--
          (1) In general.--The Secretary shall establish a 
        committee to be known as the ``Salton Sea Research 
        Management Committee''. The committee shall select the 
        topics of studies under this section and manage those 
        studies.
          (2) Membership.--The committee shall consist of the 
        following 5 members:
                  (A) The Secretary.
                  (B) The Governor of California.
                  (C) The Executive Director of the Salton Sea 
                Authority.
                  (D) The Chairman of the Torres Martinez 
                Desert Cahuilla Tribal Government.
                  (E) The Director of the California Water 
                Resources Center.
  (c) Coordination.--The Secretary shall require that studies 
under this section are coordinated through the Science 
Subcommittee which reports to the Salton Sea Research 
Management Committee. In addition to the membership provided 
for by the Science Subcommittee's charter, representatives 
shall be invited from the University of California, Riverside; 
the University of Redlands; San Diego State University; the 
Imperial Valley College; and Los Alamos National Laboratory.
  (d) Peer Review.--The Secretary shall require that studies 
under this section are subjected to peer review.
  (e) Authorization of Appropriations.--For wildlife resources 
studies under this section there are authorized to be 
appropriated to the Secretary from the land and water 
conservation fund $5,000,000.

SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY BONO 
                    SALTON SEA NATIONAL WILDLIFE REFUGE.

  (a) Refuge Renamed.--The Salton Sea National Wildlife Refuge, 
located in Imperial County, California, is hereby renamed and 
shall be known as the ``Sonny Bono Salton Sea National Wildlife 
Refuge''.
  (b) References.--Any reference in any statute, rule, 
regulation, executive order, publication, map, or paper or 
other document of the United States to the Salton Sea National 
Wildlife Refuge is deemed to refer to the Sonny Bono Salton Sea 
National Wildlife Refuge.

SEC. 104. RELATIONSHIP TO OTHER LAWS AND AGREEMENTS GOVERNING THE 
                    COLORADO RIVER.

  (a) Preservation of Rights and Obligations With Respect to 
the Colorado River.--Nothing in this Act shall be construed to 
alter, amend, repeal, modify, interpret, or to be in conflict 
with the provisions of the Colorado River Compact (45 Stat. 
1057), the Upper Colorado River Basin Compact (63 Stat. 31), 
the Water Treaty of 1944 with Mexico (Treaty Series 944, 59 
Stat. 1219 and Minute 242 thereunder), the Colorado River Basin 
Salinity Control Act of 1974 (94 Stat. 1063), the Flood Control 
Act of 1944 (58 Stat. 887), the decree entered by the United 
States Supreme Court in Arizona v. California, et al. (376 U.S. 
340) (1964) and decrees supplemental thereto, the Boulder 
Canyon Project Act (45 Stat. 1057), the Boulder Canyon Project 
Adjustment Act (45 Stat. 774), the Colorado River Storage 
Project Act (70 Stat. 105), the Colorado River Basin Project 
Act (82 Stat. 885), including the Criteria for Coordinated Long 
Range Operation of Colorado River Reservoirs and the Annual 
Operating Plans developed thereunder, the San Luis Rey Indian 
Water Rights Settlement Act (102 Stat. 4000), any contract 
entered into pursuant to section 5 of the Boulder Canyon 
Project Act, or any other entitlement to the use of the 
Colorado River existing pursuant to or recognized by Federal 
law. Furthermore, nothing contained in this Act shall be 
construed as indicating an intent on the part of the Congress 
to change the existing relationship of Federal law to the laws 
of the States or political subdivisions of a State with regard 
to the diversion and use of Colorado River water, or to relieve 
any person of any obligation imposed by any law of any State, 
tribe, or political subdivision of a State. No provision of 
this Act shall be construed to invalidate any provision of 
State, tribal, or local law unless there is a direct conflict 
between such provision and the law of the State, or political 
subdivision of the State or tribe, so that the two cannot be 
reconciled or consistently stand together.
  (b) Limitation on Colorado River Water.--Nothing in this Act 
shall be construed to enlarge an existing entitlement or to 
create a new entitlement to Colorado River water for California 
or any user therein.
  (c) Flood Flows.--In no event shall Colorado River water be 
diverted for Salton Sea restoration except as provided in this 
subsection. Diversion into the All-American Canal for delivery 
directly to the Salton Sea of flood flows in the Colorado River 
that are required by the Water Control Manual for Flood 
Control, Hoover Dam and Lake Mead, Colorado River, Nevada-
Arizona, adopted February 8, 1984, and which would pass to 
Mexico in excess of the amount required to be delivered 
pursuant to the Mexican Water Treaty and Minute 242 thereunder 
may be made available to carry out the purposes of this Act. 
The volume of water diverted pursuant to this subsection shall 
be limited to the excess capacity of the All-American Canal to 
carry such flood flows after, and as, it has been used to meet 
existing obligations. The diversion of water fromtime to time 
under this subsection shall not give rise to any ongoing right to the 
recurrent use of such waters or the All American Canal or facilities.

TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER 
                             AND NEW RIVER

SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE WATER.

  (a) River Enhancement.--
          (1) In general.--The Secretary is authorized and 
        directed to promptly conduct research and construct 
        river reclamation and wetlands projects to improve 
        water quality in the Alamo River and New River, 
        Imperial County, California, by treating water in those 
        rivers and irrigation drainage water that flows into 
        those rivers.
          (2) Acquisitions.--The Secretary may acquire 
        equipment, real property, and interests in real 
        property (including site access) as needed to implement 
        actions under this section if the State of California, 
        a political subdivision of the State, or Desert 
        Wildlife Unlimited has entered into an agreement with 
        the Secretary under which the State, subdivision, or 
        Desert Wildlife Unlimited, respectively, will, 
        effective 1 year after the date that systems for which 
        the acquisitions are made are operational and 
        functional--
                  (A) accept all right, title, and interest in 
                and to the equipment, property, or interests; 
                and
                  (B) assume responsibility for operation and 
                maintenance of the equipment, property, or 
                interests.
          (3) Transfer of title.--Not later than 1 year after 
        the date a system developed under this section is 
        operational and functional, the Secretary shall 
        transfer all right, title, and interest of the United 
        States in and to all equipment, property, and interests 
        acquired for the system in accordance with the 
        applicable agreement under paragraph (2).
          (4) Monitoring and other actions.--The Secretary 
        shall establish a long-term monitoring program to 
        maximize the effectiveness of any wetlands developed 
        under this title and may implement other actions to 
        improve the efficacy of actions implemented pursuant to 
        this section.
  (b) Cooperation.--The Secretary shall implement subsection 
(a) in cooperation with the Desert Wildlife Unlimited, the 
Imperial Irrigation District, California, and other interested 
persons.
  (c) Clean Water Act.--No permit shall be required under 
section 402 of the Federal Water Pollution Control Act (33 
U.S.C. 1342) for a wetlands filtration or constructed wetlands 
project authorized by subsection (a)(1) of this section.
  (d) Authorization of Appropriations.--For river reclamation 
and other irrigation drainage water treatment actions under 
this section, there are authorized to be appropriated to the 
Secretary from the land and water conservation fund $3,000,000.