[106th Congress Public Law 576]
[From the U.S. Government Printing Office]


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[DOCID: f:publ576.106]


[[Page 114 STAT. 3065]]

Public Law 106-576
106th Congress

                                 An Act


 
 To direct the Secretary of the Interior, through the <<NOTE: Dec. 28, 
 2000 -  [S. 1761]>> Bureau of Reclamation, to conserve and enhance the 
             water supplies of the Lower Rio Grande Valley.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Lower Rio Grande Valley Water 
Resources Conservation and Improvement Act of 2000. Texas.>> Congress 
assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Rio Grande Valley Water 
Resources Conservation and Improvement Act of 2000''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner.
            (3) State.--The term ``State'' means the Texas Water 
        Development Board and any other authorized entity of the State 
        of Texas.
            (4) Program area.--The term ``program area'' means--
                    (A) the counties in the State of Texas in the Rio 
                Grande Regional Water Planning Area known as Region 
                ``M'' as designated by the Texas Water Development 
                Board; and
                    (B) the counties of Hudspeth and El Paso, Texas.
SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT 
                    PROGRAM.

    (a) In General.--The Secretary, acting pursuant to the Reclamation 
Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory 
thereof and supplementary thereto, shall undertake a program in 
cooperation with the State, water users in the program area, and other 
non-Federal entities, to investigate and identify opportunities to 
improve the supply of water for the program area as provided in this 
Act. The program shall include the review of studies or planning reports 
(or both) prepared by any competent engineering entity for projects 
designed to conserve and transport raw water in the program area. As 
part of the program, the Secretary shall evaluate alternatives in the 
program area that could be used to improve water supplies, including the 
following:
            (1) Lining irrigation canals.
            (2) Increasing the use of pipelines, flow control 
        structures, meters, and associated appurtenances of water supply 
        facilities.

    (b) Program Development.--Within <<NOTE: Deadline. Publication.>> 6 
months after the date of the enactment of this Act, the Secretary, in 
consultation with

[[Page 114 STAT. 3066]]

the State, shall develop and publish criteria to determine which 
projects would qualify and have the highest priority for financing under 
this Act. Such criteria shall address, at a minimum--
            (1) how the project relates to the near- and long-term water 
        demands and supplies in the study area, including how the 
        project would affect the need for development of new or expanded 
        water supplies;
            (2) the relative amount of water (acre feet) to be conserved 
        pursuant to the project;
            (3) whether the project would provide operational efficiency 
        improvements or achieve water, energy, or economic savings (or 
        any combination of the foregoing) at a rate of acre feet of 
        water or kilowatt energy saved per dollar expended on the 
        construction of the project; and
            (4) if the project proponents have met the requirements 
        specified in subsection (c).

    (c) Project Requirements.--A project sponsor seeking Federal funding 
under this program shall--
            (1) <<NOTE: Reports.>> provide a report, prepared by the 
        Bureau of Reclamation or prepared by any competent engineering 
        entity and reviewed by the Bureau of Reclamation, that includes, 
        among other matters--
                    (A) the total estimated project cost;
                    (B) an analysis showing how the project would 
                reduce, postpone, or eliminate development of new or 
                expanded water supplies;
                    (C) a description of conservation measures to be 
                taken pursuant to the project plans;
                    (D) the near- and long-term water demands and 
                supplies in the study area; and
                    (E) engineering plans and designs that demonstrate 
                that the project would provide operational efficiency 
                improvements or achieve water, energy, or economic 
                savings (or any combination of the foregoing) at a rate 
                of acre feet of water or kilowatt energy saved per 
                dollar expended on the construction of the project;
            (2) provide a project plan, including a general map showing 
        the location of the proposed physical features, conceptual 
        engineering drawings of structures, and general standards for 
        design; and
            (3) sign a cost-sharing agreement with the Secretary that 
        commits the non-Federal project sponsor to funding its 
        proportionate share of the project's construction costs on an 
        annual basis.

    (d) Financial Capability.--Before providing funding for a project to 
the non-Federal project sponsor, the Secretary shall determine that the 
non-Federal project sponsor is financially capable of funding the 
project's non-Federal share of the project's costs.
    (e) Review Period.--Within 1 year after the date a project is 
submitted to the Secretary for approval, the Secretary, subject to the 
availability of appropriations, shall determine whether the project 
meets the criteria established pursuant to this section.
    (f) Report Preparation; Reimbursement.--Project sponsors may choose 
to contract with the Secretary to prepare the reports required under 
this section. All costs associated with the preparation of the reports 
by the Secretary shall be 50 percent reimbursable by the non-Federal 
sponsor.

[[Page 114 STAT. 3067]]

    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,000,000.

SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.

    (a) Project Implementation.--If the Secretary determines that any of 
the following projects meet the review criteria and project 
requirements, as set forth in section 3, the Secretary may conduct or 
participate in funding engineering work, infrastructure construction, 
and improvements for the purpose of conserving and transporting raw 
water through that project:
            (1) In the Hidalgo County, Texas Irrigation District #1, a 
        pipeline project identified in the Melden & Hunt, Inc. 
        engineering study dated July 6, 2000 as the Curry Main Pipeline 
        Project.
            (2) In the Cameron County, Texas La Feria Irrigation 
        District #3, a distribution system improvement project 
        identified by the 1993 engineering study by Sigler, Winston, 
        Greenwood and Associates, Inc.
            (3) In the Cameron County, Texas Irrigation District #2 
        canal rehabilitation and pumping plant replacement as identified 
        as Job Number 48-05540-002 in a report by Turner Collie & 
        Braden, Inc. dated August 12, 1998.
            (4) In the Harlingen Irrigation District Cameron #1 
        Irrigation District a project of meter installation and canal 
        lining as identified in a proposal submitted to the Texas Water 
        Development Board dated April 28, 2000.

    (b) Construction Cost Share.--The non-Federal share of the costs of 
any construction carried out under, or with assistance provided under, 
this section shall be 50 percent. Not more than 40 percent of the costs 
of such an activity may be paid by the State. The remainder of the non-
Federal share may include in-kind contributions of goods and services, 
and funds previously spent on feasibility and engineering studies.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000.

    Approved December 28, 2000.

LEGISLATIVE HISTORY--S. 1761:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 27, considered and passed Senate.
            Dec. 4, considered and passed House, amended.
            Dec. 15, Senate concurred in House amendment.

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