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Union Calendar No. 472

106TH CONGRESS

2D SESSION H. R. 1113

[Report No. 106–811]

To assist in the development and implementation of projects to provide

for the control of drainage, storm, flood and other waters as part of

water-related integrated resource management, environmental infrastructure, and resource protection and development projects in the Colusa

Basin Watershed, California.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1999

Mr. OSE (for himself, Mr. DOOLITTLE, Mr. MATSUI, Mr. HERGER, Mr.

THOMPSON of California, Mr. POMBO, and Mr. RADANOVICH) introduced

the following bill; which was referred to the Committee on the Committee

on Resources

SEPTEMBER 6, 2000

Additional sponsors: Mr. CAPUANO, Mr. SIMPSON, Mr. GIBBONS, Mrs.

CHENOWETH-HAGE, Mr. PETERSON of Pennsylvania, Mr. CONDIT, and

Mr. DOOLEY of California

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 16, 1999]

A BILL

To assist in the development and implementation of projects

to provide for the control of drainage, storm, flood and

other waters as part of water-related integrated resource
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management, environmental infrastructure, and resource

protection and development projects in the Colusa Basin

Watershed, California.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Colusa Basin Watershed

5 Integrated Resources Management Act’’.

6 SEC. 2. AUTHORIZATION OF ASSISTANCE.

7 The Secretary of the Interior (in this Act referred to

8 as the ‘‘Secretary’’), acting within existing budgetary au9 thority, may provide financial assistance to the Colusa

10 Basin Drainage District, California (in this Act referred

11 to as the ‘‘District’’), for use by the District or by local

12 agencies acting pursuant to section 413 of the State of Cali13 fornia statute known as the Colusa Basin Drainage Act

14 (California Stats. 1987, ch. 1399) as in effect on the date

15 of the enactment of this Act (in this Act referred to as the

16 ‘‘State statute’’), for planning, design, environmental com17 pliance, and construction required in carrying out eligible

18 projects in the Colusa Basin Watershed to—

19 (1)(A) reduce the risk of damage to urban and

20 agricultural areas from flooding or the discharge of

21 drainage water or tailwater;

22 (B) assist in groundwater recharge efforts to al23 leviate overdraft and land subsidence; or
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1 (C) construct, restore, or preserve wetland and

2 riparian habitat; and

3 (2) capture, as an incidental purpose of any of

4 the purposes referred to in paragraph (1), surface or

5 stormwater for conservation, conjunctive use, and in6 creased water supplies.

7 SEC. 3. PROJECT SELECTION.

8 (a) ELIGIBLE PROJECTS.—A project shall be an eligi9 ble project for purposes of section 2 only if it is—

10 (1) consistent with the plan for flood protection

11 and integrated resources management described in the

12 document entitled ‘‘Draft Programmatic Environ13 mental Impact Statement/Environmental Impact Re14 port and Draft Program Financing Plan, Integrated

15 Resources Management Program for Flood Control in

16 the Colusa Basin’’, dated May 2000; and

17 (2) carried out in accordance with that docu18 ment and all environmental documentation require19 ments that apply to the project under the laws of the

20 United States and the State of California.

21 (b) COMPATIBILITY REQUIREMENT.—The Secretary

22 shall ensure that projects for which assistance is provided

23 under this Act are not inconsistent with watershed protec24 tion and environmental restoration efforts being carried out

25 under the authority of the Central Valley Project Improve-
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1 ment Act (Public Law 102–575; 106 Stat. 4706 et seq.) or

2 the CALFED Bay-Delta Program.

3 SEC. 4. COST SHARING.

4 (a) NON-FEDERAL SHARE.—The Secretary shall re5 quire that the District and cooperating non-Federal agen6 cies or organizations pay—

7 (1) 25 percent of the costs associated with con8 struction of any project carried out with assistance

9 provided under this Act; and

10 (2) 100 percent of any operation, maintenance,

11 and replacement and rehabilitation costs with respect

12 to such a project.

13 (b) PLANNING, DESIGN, AND COMPLIANCE ASSIST14 ANCE.—Funds appropriated pursuant to this Act may be

15 made available to fund all costs incurred for planning, de16 sign, and environmental compliance activities by the Dis17 trict or by local agencies acting pursuant to the State stat18 ute, in accordance with agreements with the Secretary.

19 (c) TREATMENT OF CONTRIBUTIONS.—For purposes of

20 this section, the Secretary shall treat the value of lands, in21 terests in lands (including rights-of-way and other ease22 ments), and necessary relocations contributed by the Dis23 trict to a project as a payment by the District of the costs

24 of the project.
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1 SEC. 5. COSTS NONREIMBURSABLE.

2 Amounts expended pursuant to this Act shall be con3 sidered nonreimbursable for purposes of the Act of June 17,

4 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts amend5 atory thereof and supplemental thereto.

6 SEC. 6. AGREEMENTS.

7 Funds appropriated pursuant to this Act may be made

8 available to the District or a local agency only if the Dis9 trict or local agency, as applicable, has entered into a bind10 ing agreement with the Secretary—

11 (1) under which the District or the local agency

12 is required to pay the non-Federal share of the costs

13 of construction required by section 4(a); and

14 (2) governing the funding of planning, design,

15 and compliance activities costs under section 4(b).

16 SEC. 7. REIMBURSEMENT.

17 For project work (including work associated with stud18 ies, planning, design, and construction) carried out by the

19 District or by a local agency acting pursuant to the State

20 statute in section 2 before the date amounts are provided

21 for the project under this Act, the Secretary shall, subject

22 to amounts being made available in advance in appropria23 tions Acts, reimburse the District or the local agency, with24 out interest, an amount equal to the estimated Federal share

25 of the cost of such work under section 4.
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1 SEC. 8. COOPERATIVE AGREEMENTS.

2 (a) IN GENERAL.—The Secretary may enter into coop3 erative agreements and contracts with the District to assist

4 the Secretary in carrying out the purposes of this Act.

5 (b) SUBCONTRACTING.—Under such cooperative agree6 ments and contracts, the Secretary may authorize the Dis7 trict to manage and let contracts and receive reimburse8 ments, subject to amounts being made available in advance

9 in appropriations Acts, for work carried out under such

10 contracts or subcontracts.

11 SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF

12 1982.

13 Activities carried out, and financial assistance pro14 vided, under this Act shall not be considered a supplemental

15 or additional benefit for purposes of the Reclamation Re16 form Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).

17 SEC. 10. APPROPRIATIONS AUTHORIZED.

18 Within existing budgetary authority and subject to the

19 availability of appropriations, the Secretary is authorized

20 to expend up to $25,000,000, plus such additional amount,

21 if any, as may be required by reason of changes in costs

22 of services of the types involved in the District’s projects

23 as shown by engineering and other relevant indexes to carry

24 out this Act. Sums appropriated under this section shall

25 remain available until expended.

Union Calendar No. 472

106TH CONGRESS

2D SESSION H. R. 1113

[Report No. 106–811]

A BILL

To assist in the development and implementation of

projects to provide for the control of drainage,storm, flood and other waters as part of waterrelated integrated resource management, environmental infrastructure, and resource protectionand development projects in the Colusa BasinWatershed, California.

SEPTEMBER 6, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed