[Senate Report 117-182]
[From the U.S. Government Publishing Office]
Calendar No. 533
117th Congress } { Report
SENATE
2d Session } { 117-182
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SALTON SEA PROJECTS IMPROVMENT ACT
_______
October 18, 2022.--Ordered to be printed
Filed under authority of the order of the Senate of October 14, 2022
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2693]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2693), to amend the Reclamation Projects
Authorization and Adjustment Act of 1992 to authorize
additional projects related to the Salton Sea, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
Amendments
The amendments are as follows:
1. On page 2, line 25, strike ``and''.
2. On page 3, strike lines 1 through 3 and insert the
following:
(3) in subsection (c) (as so redesignated), by
striking ``project referred to in subsection (a)'' and
inserting ``projects referred to in subsections (a) and
(b)''; and
(4) in subsection (e) (as so redesignated), by
striking ``$10,000,000'' and inserting
``$250,000,000''.
3. At the end, add the following:
SEC. 3. EXTENSION OF CERTAIN DEADLINES RELATING TO PILOT PROJECTS TO
INCREASE COLORADO RIVER SYSTEM WATER TO ADDRESS
EFFECTS OF HISTORIC DROUGHT CONDITIONS.
Section 206 of the Energy and Water Development and Related
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public
Law 113-235), is amended--
(1) in subsection (b)(2)--
(A) by striking ``additional''; and
(B) by striking ``this Act'' and inserting
``the Salton Sea Projects Improvements Act'';
(2) in subsection (c)(2), by striking ``2022'' and
inserting ``2026''; and
(3) in subsection (d), by striking ``2018'' and
inserting ``2027''.
Purpose
The purpose of S. 2693, as ordered reported, is to amend
the Reclamation Projects Authorization and Adjustment Act of
1992 to authorize additional projects related to the Salton
Sea, and to amend the Energy and Water Development and Related
Agencies Appropriations Act of 2015 to extend certain deadlines
applicable to pilot projects to increase Colorado River System
water to address effects of historic drought conditions.
Background and Need
Throughout the West, communities are experiencing high
levels of drought that reduce available water supplies for
people, agriculture, and the environment. Current drought
conditions have contributed to reduced streamflows and low
reservoir water levels in several states across the West. S.
2693, as ordered reported, addresses the impacts of drought by
authorizing the Bureau of Reclamation (Reclamation) to
participate and fund public health protection and environmental
restoration projects in the Salton Sea, and by extending the
authority of Reclamation's Colorado River System Conservation
Pilot Program.
SALTON SEA
The Salton Sea is California's largest inland body of
water, spanning 360 miles in Southern California across
Imperial Valley and the lower portion of the Coachella Valley.
The Salton Sea was created in 1905, when the failure of a large
irrigation canal gate led to 18 months of flooding into an
ancient lakebed known as the Salton Basin. The Sea has been
maintained for more than a century by agricultural runoff from
farms that use Colorado River water to irrigate. Water flows
into the Salton Sea have gradually diminished over the course
of several decades, largely due to changes in agricultural
practices, such as more efficient irrigation, that have
decreased the amount of excess water running through farm
drainage and to the Sea. The Salton Sea's total volume is
expected to shrink by 60 percent in the coming years.
Deteriorating conditions at the Salton Sea are raising both
public health and environmental concerns. Dust-blown sediment
from the exposed lakebed contributes to air pollution in the
region. The Salton Sea is a crucial stop on the Pacific Flyway
for migratory birds, and it provides habitat for the desert
pupfish, an endangered species. Declining water levels at the
Sea are projected to lead to increases in salinity, with
implications for fish, the birds that rely on them as a food
source, and the invertebrate species that are critical to
ecosystem health.
Reclamation's Salton Sea Research Project, authorized under
the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575), conducts research on methods to
control salinity levels, provides habitat for endangered
species, enhances fisheries, and protects the recreational
values of the Salton Sea. Currently, Reclamation is limited in
its ability to participate in the Salton Sea Management Program
run by California, due both to funding constraints and the
requirement that all projects have a research function. S.
2693, as ordered reported, ensures that Reclamation has the
authority to carry out and fund public health protection and
environmental restoration projects in the Salton Sea.
COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM
The Colorado River System Conservation Pilot Program was
created out of collaborative efforts between Reclamation, the
Colorado River Basin States, and Colorado River water users to
explore ideas that could mitigate the impacts of the ongoing
drought and help offset declining reservoir levels at Lake Mead
and Lake Powell. In 2014, Reclamation partnered with several
major Colorado River basin water supply agencies, such as
Central Arizona Water Conservation District, Southern Nevada
Water Authority, Metropolitan Water District of Southern
California, and Denver Water, to provide funding for voluntary
conservation projects and reductions of water use. The goal of
these activities was to conserve Colorado River water to be
applied toward storage in Lake Mead or Lake Powell, which would
create new Colorado River system water for the benefit of all
of water users in the basin.
In 2015, Congress formally authorized federal participation
in these efforts to create Colorado River system water in the
Energy and Water Development and Related Agencies
Appropriations Act (Public Law 113-235, Division D) through
fiscal year (FY) 2018. In 2019, Congress extended this
authority through the end of FY2022 with the stipulation that
the Upper Basin agreements could not proceed without the
participation of the Upper Basin states, which includes
Colorado, New Mexico, Utah, and Wyoming, through the Upper
Colorado River Commission. S. 2693, as ordered reported,
extends the authorization of Reclamation's System Conservation
Pilot Program through FY2026.
Legislative History
S. 2693 was introduced by Senator Padilla on August 10,
2021. A similar bill, H.R. 3877, was introduced by
Representative Ruiz on June 14, 2021. The Subcommittee on Water
and Power held a hearing on S. 2693 on May 25, 2022. At its
business meeting on July 21, 2022, the Committee on Energy and
Natural Resources ordered S. 2693 favorably reported with
amendments.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 21, 2022, by a voice vote of a
quorum present, recommends that the Senate pass S. 2693, if
amended as described herein.
Committee Amendment
During its consideration of S. 2693, the Committee adopted
two substantive amendments. One extends the cost-share
requirement in existing law to apply to the Salton Sea projects
authorized by the bill as introduced. The other amends section
206 of the Energy and Water Development and Related Agencies
Appropriations Act, 2015 to extend the authorization of the
Bureau of Reclamation's System Conservation Pilot Program. The
Committee also adopted minor technical and conforming
amendments.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of the Act as
``Salton Sea Projects Improvements Act''.
Sec. 2. Research project
Section 2 amends section 1101 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575;
106 Stat. 4661), relating to the Salton Sea Project. Section
2(1) redesignates the subsections in section 1101 of the Act.
Section 2(2) amends section 1101 by inserting a new subsection
(b). The new subsection (b) authorizes the Bureau of
Reclamation to provide grants and enter into contracts and
cooperative agreements that improve water quality, air quality,
fish and wildlife habitat, and recreational opportunities in
the area of the Salton Sea. Section 2(3) increases the
authorization of appropriations from $10 million to $250
million for these activities, including previously authorized
research activities under the Bureau of Reclamation's Salton
Sea Research Project.
Sec. 3. Extension of certain deadlines relating to pilot projects to
increase Colorado River system water to address effects of
historic drought conditions
Section 3 amends the Energy and Water Development and
Related Agencies Appropriations Act of 2015 to extend the
authority of the Bureau of Reclamation's Colorado River System
Conservation Pilot Program through FY2026. This section also
extends the report deadline on evaluating projects funded under
this program through FY2027. Section 3 clarifies references to
the amended Act and clarifies acceptable funding for this pilot
program.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of S.
2693, as ordered reported, has been requested but was not
received at the time the report was filed. When the
Congressional Budget Office completes its cost estimate, it
will be posted on the Internet at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2693.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2693, as ordered reported.
Congressionally Directed Spending
S. 2693, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the May 25, 2022, subcommittee hearing on S. 2693 follows:
Statement of Camille Calimlim Touton, Commissioner, Bureau of
Reclamation, U.S. Department of the Interior
The Salton Sea Projects Improvement Act, S. 2693, amends
the Reclamation Projects Authorization and Adjustment Act of
1992 to authorize additional projects to improve wildlife
habitat, recreation, and air and water quality at the Salton
Sea. S. 2693 specifically authorizes dust suppression projects,
a crucial component to improving local air quality conditions
and allows the federal government to be proactive in reducing
emissions.
The Department, through Reclamation, using multiple
authorities, has provided more than $16 million since 2016 for
dust suppression, wetland restoration, water quality
improvements, environmental compliance and land use
authorizations at the Salton Sea. On August 31, 2016, the
Department signed a Memorandum of Understanding (MOU) with the
California Natural Resources Agency (CNRA) for purposes of
coordinating efforts at the Salton Sea. The MOU recognizes the
State of California (State) will have the lead role in the
cooperative effort to restore the Salton Sea, and commits the
Department to pursue $30 million in funding to help support
State-initiated efforts.
Federal partners, including Reclamation, Bureau of Land
Management, U.S. Fish and Wildlife Service, United States
Geological Survey, U.S. Army Corps of Engineers, and U.S.
Department of Agricultural Natural Resources Conservation
Service meet regularly to coordinate activities and secure
funding that supports State-led activities.
Section 2 of the Salton Sea Projects Improvement Act amends
Section 1101 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (P.L. 102-575) to specifically allow the
Secretary of the Interior to enter into grants, agreements, and
contracts in partnership with State, Tribal, and local
governments; water districts; joint powers authorities;
nonprofit organizations; and institutions of higher education
to carry out projects at the Sea. The ability to work with
multiple types of partners, including universities and non-
governmental organizations will provide for opportunities to
take advantage of non-governmental funding. For example,
Reclamation is working with the National Audubon Society in FY
2020 to enhance habitat and mitigate dust on approximately 900
acres near the community of Bombay Beach.
Reclamation provided $1,000,000 to plan, design and permit
the project, which was an important but unfunded step in
getting to a project design that would allow Audubon to receive
approximately $6 million in matching funds. Reclamation funding
bridged this gap, providing Audubon the opportunity to access
additional, non-federal funds. Reclamation has also
collaborated with California Natural Resources Agency, Imperial
County, Imperial County Air Pollution Control District, and
provided $1.2 million to the Salton Sea Authority to advance
the Desert Shores Channel Restoration Project. The project
would create habitat and suppress dust by refilling currently
dewatered channels with water at a salinity level that provides
habitat for fish and supports piscivorous birds. The proposed
legislation would streamline these processes and increase
opportunities in the future.
Finally, S. 2693 amends P.L. 102-575 to include activities
such as construction, operation, and maintenance costs which
will increase Reclamation's flexibility and opportunity to work
with partners at the Sea to implement projects that create
habitat and improve water and air quality. The proposed
language increases the authorized appropriations ceiling from
$13 million to $250 million, which will allow Reclamation to
continue to implement projects that improve conditions at the
Salton Sea, particularly as Reclamation is near the $13 million
ceiling under the existing authority. An increase in the
ceiling to $250 million, when followed by Congressional
appropriations, would provide flexibility for the federal
government to match existing appropriated State funding ($402.6
million) to implement, monitor, operate, and maintain the
California Natural Resources Agency Salton Sea Management
Program Phase 1: 10-Year Plan.
The Department appreciates the work of the sponsors on the
Salton Sea Projects Improvement Act and supports S. 2693. The
Department looks forward to working with the bill sponsor and
the Committee as the bill moves forward.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2693, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 102-575
AN ACT To authorize additional appropriations for the construction of
the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan
Missouri Basin Program, Wyoming.
* * * * * * *
TITLE XI--SALTON SEA RESEARCH PROJECT, CALIFORNIA
SEC. 1101. RESEARCH PROJECT.
(a) Research Project.--The Secretary of the Interior,
acting through the Bureau of Reclamation, shall conduct a
research project for the development of a method or combination
of methods to reduce and control salinity, provide endangered
species habitat, enhance fisheries, and protect human
recreational values in inland water bodies. Such research shall
include testing an enhanced evaporation system for treatment of
saline waters, and studies regarding in-water segregation of
saline waters and of dilution from other sources. The project
shall be located in the area of the Salton Sea of Southern
California.
(b) Additional Project Authorities.--
(1) In general.--The Secretary of the Interior,
acting through the Commissioner of Reclamation, may
provide grants and enter into contracts and cooperative
agreements to carry out projects located in the area of
the Salton Sea in southern California to improve air
quality, fish and wildlife habitat, recreational
opportunities, and water quality, in partnership with--
(A) State, Tribal, and local governments;
(B) water districts;
(C) joint powers authorities, including the
Salton Sea Authority;
(D) nonprofit organizations; and
(E) institutions of higher education.
(2) Included activities.--The projects described in
paragraph (1) may include--
(A) construction, operation, maintenance,
permitting, and design activities required for
the projects; and
(B) dust suppression projects.
[(b)] (c) Cost Share.--The non-Federal share of the cost of
the [project referred to in subsection (a)] projects referred
to in subsections (a) and (b) shall be 50 percent of the cost
of the project.
[(c)] (d) Report.--Not later than September 30, 1996, the
Secretary shall submit a report to the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior
and Insular Affairs and the Committee on Merchant Marine and
Fisheries of the House of Representatives regarding the results
of the project referred to in subsection (a).
[(d)] (e) Authorization of Appropriations.--There is
authorized to be appropriated [$10,000,000] $250,000,000 to
carry out the purposes of this title.
* * * * * * *
Public Law 113-235
AN ACT Making consolidated appropriations for the fiscal year ending
September 30, 2015, and for other purposes.
* * * * * * *
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2015
* * * * * * *
TITLE II
DEPARTMENT OF THE INTERIOR
* * * * * * *
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
* * * * * * *
SEC. 206. FUNDING OR PARTICIPATION IN PILOT PROJECTS TO INCREASE
COLORADO RIVER SYSTEM WATER IN LAKE MEAD.
(a) In General.--The Secretary of the Interior may fund or
participate in pilot projects to increase Colorado River System
water in Lake Mead and the initial units of Colorado River
Storage Project reservoirs, as authorized by the first section
of the Act of April 11, 1956 (43 U.S.C. 620), to address the
effects of historic drought conditions.
(b) Administration.--Pilot projects under this section are
authorized to be funded through--
(1) grants by the Secretary to public entities that
use water from the Colorado River Basin for municipal
purposes for projects that are implemented by 1 or more
non-Federal entities; or
(2) grants or other appropriate financial agreements
to provide [additional] funds for renewing or
implementing water conservation agreements that are in
existence on the date of enactment of [this Act] the
Salton Sea Projects Improvement Act.
(c) Limitations.--
(1) Funds in the Upper Colorado River Basin Fund
established by section 5 of the Colorado River Storage
Project Act (43 U.S.C. 620d) and the Lower Colorado
River Basin Development Fund established by section 403
of the Colorado River Basin Project Act (43 U.S.C.
1543) shall not be used to carry out this section; and
(2) the authority to fund these pilot projects
through grants shall terminate on September 30, [2022]
2026: Provided, That the Secretary shall not fund pilot
projects in the Upper Colorado River Basin without the
participation of the Upper Colorado River Division
States, acting through the Upper Colorado River
Commission.
(d) Report and Recommendation.--Not later than September
30, [2018] 2027, the Secretary shall submit to the Committees
on Appropriations and Natural Resources of the House of
Representatives and the Committees on Appropriations and Energy
and Natural Resources of the Senate a report evaluating the
effectiveness of the pilot projects described in subsection (a)
and a recommendation to Congress whether the activities
undertaken by the pilot projects should be continued.
* * * * * * *
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