HR 3267
IH
2d Session
H. R. 3267
To direct the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a feasibility study and construct a project to reclaim the Salton Sea.
Mr. HUNTER (for himself, Mr. LEWIS of California, Mr. CALVERT, and Mr. BROWN of California) introduced the following bill; which was referred to the Committee on Resources
To direct the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a feasibility study and construct a project to reclaim the Salton Sea.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 2. Findings.
- 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. Alamo River and New River irrigation drain water.
- Sec. 201. Findings and purposes.
Sec. 202. Emergency action required.
(2) The Salton Sea is critical as--
(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.
(2) 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.
(3) The term `Secretary' means the Secretary of the Interior, acting through the Bureau of Reclamation.
(b) PROJECT REQUIREMENTS- The Project shall--
(2) stabilize the surface elevation of the Salton Sea to a level between 240 feet below sea level and 230 feet below sea level;
(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-
(2) OPTIONS TO BE CONSIDERED- Options considered in the feasibility study--
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton Sea; and
(iv) a combination of the options referred to in clauses (i), (ii), and (iii); and
(B) shall be limited to proven technologies.
(3) 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 different cost-sharing formula to capital construction costs than is applied to annual operation, maintenance, energy, and replacement costs.
(4) SELECTION OF OPTIONS AND REPORT- Not later than 12 months after commencement of the feasibility study under this subsection, the Secretary shall--
(ii) specification of the construction activities to be carried out under subsection (d); and
(B) complete all environmental compliance and permitting activities required for those construction activities.
(5) MEMORANDUM OF UNDERSTANDING- (A) 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.
(B) The memorandum of understanding shall, at a minimum, establish criteria for evaluation and selection of options under paragraph (1), including criteria for determining the magnitude and practicability of costs of construction, operation, and maintenance of each option evaluated.
(d) CONSTRUCTION-
- (2) COST-SHARING AGREEMENT- The Secretary may not initiate construction of the Project unless, within the 60-day period referred to in paragraph (1), the Secretary, the Governor of California, and the Salton Sea Authority enter into an agreement establishing a cost-sharing formula that applies to that construction.
(f) RELATIONSHIP TO OTHER LAW-
(2) PRESERVATION OF RIGHTS AND OBLIGATIONS WITH RESPECT TO THE COLORADO RIVER- This section 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 section must be carried out in a manner consistent with rights and obligations of persons under those treaties, laws, and agreements.
(3) LIMITATION ON ADMINISTRATIVE AND JUDICIAL REVIEW- (A) The actions taken pursuant to this title which relate to the construction and completion of the Project, and that are covered by the final environmental impact statement for the Project issued under subsection (c)(4)(B), shall be taken without further action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Subject to paragraph (2), actions of Federal agencies concerning the issuance of necessary rights-of-way, permits, leases, and other authorizations for construction and initial operation of the Project shall not be subject to judicial review under any law, except in a manner and to an extent substantially similar to the manner and extent to which actions taken pursuant to the Trans-Alaska Pipeline Authorization Act are subject to review under section 203(d) of that Act (43 U.S.C. 1651(d)).
(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary to carry out the Project the following:
(2) For construction of the Project, $300,000,000.
(b) SELECTION OF TOPICS AND MANAGEMENT OF STUDIES-
(2) MEMBERSHIP- The committee shall consist of 5 members appointed as follows:
(B) 1 by the Governor of California.
(C) 1 by the Salton Sea Authority.
(D) 1 by the Torres Martinez Desert Cahuilla Tribal Government.
(E) 1 appointed jointly by the California Water Resources Center, the Los Alamos National Laboratory, and the Salton Sea University Research Consortium.
(c) COORDINATION- The Secretary shall require that studies under this section are conducted in coordination with appropriate Federal agencies and California State agencies, including the California Department of Water Resources, California Department of Fish and Game, California Resources Agency, California Environmental Protection Agency, California Regional Water Quality Board, and California State Parks.
(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 $5,000,000.
(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.
(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) PERMIT EXEMPTION- No permit shall be required under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) for actions taken under subsection (a).
(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 $2,000,000.
(2) Ecological disasters have occurred in the Salton Sea in recent years, including the die-off of 150,000 eared grebes and ruddy ducks in 1992, over 20,000 water birds in 1994, 14,000 birds in 1996, including more than 1,400 endangered brown pelicans, and other major wildlife die-offs in 1998.
(b) PURPOSES- The purpose of this title is to provide an expedited means by which the Federal Government, in conjunction with State and local governments, will begin arresting the ecological disaster that is overcoming the Salton Sea.
(2) diversion into the Salton Sea of water available as a result of high-flow periods in late 1998 and early 1999.