[105th Congress Public Law 372]
[From the U.S. Government Printing Office]
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[DOCID: f:publ372.105]
[[Page 112 STAT. 3377]]
Public Law 105-372
105th Congress
An Act
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, and for other purposes. <<NOTE: Nov. 12,
1998 - [H.R. 3267]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Salton Sea
Reclamation Act of 1998. California.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Salton Sea
Reclamation Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SALTON SEA FEASIBILITY STUDY
Sec. 101. Salton Sea Feasibility study authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono
Salton Sea National Wildlife Refuge.
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. 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 Environmental and Public Works of
the Senate.
(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.
TITLE I--SALTON SEA FEASIBILITY STUDY
SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.
(a) In General.--No <<NOTE: Deadline.>> later than January 1, 2000,
the Secretary, in accordance with this section, shall complete all
feasibility studies
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and cost analyses for the options set forth in subsection (b)(2)(A)
necessary for Congress to fully evaluate such options.
(b) Feasibility Study.--
(1) In general.--
(A) The Secretary shall complete all studies,
including, but not limited to environmental and other
reviews, of the feasibility and benefit-cost of various
options that permit the continued use of the Salton Sea
as a reservoir for irrigation drainage and: (i) reduce
and stabilize the overall salinity of the Salton Sea;
(ii) stabilize the surface elevation of the Salton Sea;
(iii) reclaim, in the long term, healthy fish and
wildlife resources and their habitats; and (iv) enhance
the potential for recreational uses and economic
development of the Salton Sea.
(B) <<NOTE: Deadline.>> Based solely on whatever
information is available at the time of submission of
the report, the Secretary shall: (i) identify any
options he deems economically feasible and cost
effective; (ii) identify any additional information
necessary to develop construction specifications; and
(iii) submit any recommendations, along with the results
of the study to the Committees no later than January 1,
2000.
(C)(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 (2)(A), including criteria
for determining benefit and 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, but need not be limited to--
(i) use of impoundments to segregate a portion
of the waters of the Salton Sea in one 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 and for which feasibility analyses and
cost estimates can be completed by January 1,
2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that--
(i) relies on the importation of any new or
additional water from the Colorado River; or
(ii) is inconsistent with the provisions of
sub-
section (c).
(3) Assumptions.--In evaluating options, the Secretary shall
apply assumptions regarding water inflows into the Salton Sea
Basin that encourage water conservation, account for transfers
of water out of the Salton Sea Basin, and are based
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on a maximum likely reduction in inflows into the Salton Sea
Basin which could be 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 and shall set forth
the basis for any cost sharing allocations as well as
anticipated repayment, if any, of Federal contributions.
(c) Relationship to Other Law.--
(1) Reclamation laws.--Activities authorized by this Act
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
and 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, decree, contract,
or agreement governing use of water from the Colorado River. All
activities taken under this Act must be carried out in a manner
consistent with rights and obligations of persons under those
treaties, laws, decrees, contracts, and agreements.
SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.
(a) In General.--The Secretary shall provide for the conduct,
concurrently with the feasibility study under section 101(b), 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 <<NOTE: Establishment.>> 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 five 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.
[[Page 112 STAT. 3380]]
(e) Authorization of Appropriations.--For wildlife resources studies
under this section there are authorized to be appropriated to the
Secretary, through accounts within the Fish and Wildlife Service,
exclusively, $5,000,000.
(f ) Advisory Committee Act.--The committee, and its activities, are
not subject to the Federal Advisory Commission Act (5 U.S.C. App.).
SEC. 103. <<NOTE: 16 USC 668dd note [table].>> 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.
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 from willing sellers, and interests in real property
(including site access) from willing sellers 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 <<NOTE: Deadline.>> 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
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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 Desert Wildlife Unlimited, the Imperial Irrigation
District, California, and other interested persons.
(c) Federal Water Pollution Control.--Water withdrawn solely for the
purpose of a wetlands project to improve water quality under subsection
(a)(1), when returned to the Alamo River or New River, shall not be
required to meet water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(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 $3,000,000.
Approved November 12, 1998.
LEGISLATIVE HISTORY--H.R. 3267:
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HOUSE REPORTS: No. 105-621, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 15, considered and passed House.
Oct. 13, considered and passed Senate, amended.
Oct. 21, House concurred in Senate amendments.
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