I

106TH CONGRESS

1ST SESSION H. R. 1113

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

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

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 Water5 shed Integrated Resources Management Act’’.
2

•HR 1113 IH

1 SEC. 2. AUTHORIZATION OF ASSISTANCE.

2 The Secretary of the Interior (in this Act referred

3 to as the ‘‘Secretary’’), acting within existing budgetary

4 authority, may provide financial assistance to the Colusa

5 Basin Drainage District, California (in this Act referred

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

7 agencies acting pursuant to section 413 of the State of

8 California statute known as the Colusa Basin Drainage

9 Act (California Stats. 1987, ch. 1399) as in effect on the

10 date of the enactment of this Act (in this Act referred

11 to as the ‘‘State statute’’), for planning, design, environ12 mental compliance, and construction required in carrying

13 out eligible projects in the Colusa Basin Watershed to—

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

15 agricultural areas from flooding or the discharge of

16 drainage water or tailwater;

17 (B) assist in groundwater recharge efforts to al18 leviate overdraft and land subsidence; or

19 (C) construct, restore, or preserve wetland and

20 riparian habitat; and

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

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

23 stormwater for conservation, conjunctive use, and in24 creased water supplies.
3

•HR 1113 IH

1 SEC. 3. PROJECT SELECTION.

2 (a) ELIGIBLE PROJECTS.—A project shall be an eligi3 ble project for purposes of section 2 only if it is—

4 (1) identified in the document entitled ‘‘Colusa

5 Basin Water Management Program’’, dated Feb6 ruary 1995; and

7 (2) carried out in accordance with that docu8 ment and all environmental documentation require9 ments that apply to the project under the laws of

10 the United States and the State of California.

11 (b) COMPATIBILITY REQUIREMENT.—The Secretary

12 shall ensure that projects for which assistance is provided

13 under this Act are not inconsistent with watershed protec14 tion and environmental restoration efforts being carried

15 out under the authority of the Central Valley Project Im16 provement Act (Public Law 102–575; 106 Stat. 4706 et

17 seq.) or the CALFED Bay-Delta Program.

18 SEC. 4. COST SHARING.

19 (a) NON-FEDERAL SHARE.—The Secretary shall re20 quire that the District and cooperating non-Federal agen21 cies or organizations pay—

22 (1) 25 percent of the costs associated with con23 struction of any project carried out with assistance

24 provided under this Act; and
4

•HR 1113 IH

1 (2) 100 percent of any operation, maintenance,

2 and replacement and rehabilitation costs with re3 spect to such a project.

4 (b) PLANNING, DESIGN, AND COMPLIANCE ASSIST5 ANCE.—Funds appropriated pursuant to this Act may be

6 made available to fund all costs incurred for planning, de7 sign, and environmental compliance activities by the Dis8 trict or by local agencies acting pursuant to the State stat9 ute, in accordance with agreements with the Secretary.

10 (c) TREATMENT OF CONTRIBUTIONS.—For purposes

11 of this section, the Secretary shall treat the value of lands,

12 interests in lands (including rights-of-way and other ease13 ments), and necessary relocations contributed by the Dis14 trict to a project as a payment by the District of the costs

15 of the project.

16 SEC. 5. COSTS NONREIMBURSABLE.

17 Amounts expended pursuant to this Act shall be con18 sidered nonreimbursable for purposes of the Act of June

19 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts

20 amendatory thereof and supplemental thereto.

21 SEC. 6. AGREEMENTS.

22 Funds appropriated pursuant to this Act may be

23 made available to the District or a local agency only if

24 the District or local agency, as applicable, has entered into

25 a binding agreement with the Secretary—
5

•HR 1113 IH

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

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

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

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

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

6 SEC. 7. REIMBURSEMENT.

7 For project work (including work associated with

8 studies, planning, design, and construction) carried out by

9 the District or by a local agency acting pursuant to the

10 State statute in section 2 before the date amounts are pro11 vided for the project under this Act, the Secretary shall,

12 subject to amounts being made available in advance in ap13 propriations Acts, reimburse the District or the local agen14 cy, without interest, an amount equal to the estimated

15 Federal share of the cost of such work under section 4.

16 SEC. 8. COOPERATIVE AGREEMENTS.

17 (a) IN GENERAL.—The Secretary may enter into co18 operative agreements and contracts with the District to

19 assist the Secretary in carrying out the purposes of this

20 Act.

21 (b) SUBCONTRACTING.—Under such cooperative

22 agreements and contracts, the Secretary may authorize

23 the District to manage and let contracts and receive reim24 bursements, subject to amounts being made available in
6

•HR 1113 IH

1 advance in appropriations Acts, for work carried out under

2 such contracts or subcontracts.

3 SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF

4 1982.

5 Activities carried out, and financial assistance pro6 vided, under this Act shall not be considered a supple7 mental or additional benefit for purposes of the Reclama8 tion Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa

9 et seq.).

10 SEC. 10. APPROPRIATIONS AUTHORIZED.

11 Within existing budgetary authority and subject to

12 the availability of appropriations, the Secretary is author13 ized to expend up to $25,000,000, plus such additional

14 amount, if any, as may be required by reason of changes

15 in costs of services of the types involved in the District’s

16 projects as shown by engineering and other relevant in17 dexes to carry out this Act. Sums appropriated under this

18 section shall remain available until expended.

Æ