IIB

106TH CONGRESS

2D SESSION H. R. 1113

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 19, 2000

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

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.
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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’’.

6 SEC. 2. AUTHORIZATION OF ASSISTANCE.

7 The Secretary of the Interior (in this Act referred

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

9 authority, 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

13 California statute known as the Colusa Basin Drainage

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

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

16 to as the ‘‘State statute’’), for planning, design, environ17 mental compliance, and construction required in carrying

18 out eligible 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

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

25 riparian habitat; and
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1 (2) capture, as an incidental purpose of any of

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

3 stormwater for conservation, conjunctive use, and in4 creased water supplies.

5 SEC. 3. PROJECT SELECTION.

6 (a) ELIGIBLE PROJECTS.—A project shall be an eligi7 ble project for purposes of section 2 only if it is—

8 (1) consistent with the plan for flood protection

9 and integrated resources management described in

10 the document entitled ‘‘Draft Programmatic Envi11 ronmental Impact Statement/Environmental Impact

12 Report and Draft Program Financing Plan, Inte13 grated Resources Management Program for Flood

14 Control in the Colusa Basin’’, dated May 2000; and

15 (2) carried out in accordance with that docu16 ment and all environmental documentation require17 ments that apply to the project under the laws of

18 the United States and the State of California.

19 (b) COMPATIBILITY REQUIREMENT.—The Secretary

20 shall ensure that projects for which assistance is provided

21 under this Act are not inconsistent with watershed protec22 tion and environmental restoration efforts being carried

23 out under the authority of the Central Valley Project Im24 provement Act (Public Law 102–575; 106 Stat. 4706 et

25 seq.) or the CALFED Bay-Delta Program.
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1 SEC. 4. COST SHARING.

2 (a) NON-FEDERAL SHARE.—The Secretary shall re3 quire that the District and cooperating non-Federal agen4 cies or organizations pay—

5 (1) 25 percent of the costs associated with con6 struction of any project carried out with assistance

7 provided under this Act;

8 (2) 100 percent of any operation, maintenance,

9 and replacement and rehabilitation costs with re10 spect to such a project; and

11 (3) 35 percent of the costs associated with plan12 ning, design, and environmental compliance activi13 ties.

14 (b) PLANNING, DESIGN, AND COMPLIANCE ASSIST15 ANCE.—Funds appropriated pursuant to this Act may be

16 made available to fund 65 percent of costs incurred for

17 planning, design, and environmental compliance activities

18 by the District or by local agencies acting pursuant to the

19 State statute, in accordance with agreements with the Sec20 retary.

21 (c) TREATMENT OF CONTRIBUTIONS.—For purposes

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

23 interests in lands (including rights-of-way and other ease24 ments), and necessary relocations contributed by the Dis25 trict to a project as a payment by the District of the costs

26 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

4 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts

5 amendatory thereof and supplemental thereto.

6 SEC. 6. AGREEMENTS.

7 Funds appropriated pursuant to this Act may be

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

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

10 a binding 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

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

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

20 State statute in section 2 before the date amounts are pro21 vided for the project under this Act, the Secretary shall,

22 subject to amounts being made available in advance in ap23 propriations Acts, reimburse the District or the local agen24 cy, without interest, an amount equal to the estimated

25 Federal share 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 co3 operative agreements and contracts with the District to

4 assist the Secretary in carrying out the purposes of this

5 Act.

6 (b) SUBCONTRACTING.—Under such cooperative

7 agreements and contracts, the Secretary may authorize

8 the District to manage and let contracts and receive reim9 bursements, subject to amounts being made available in

10 advance in appropriations Acts, for work carried out under

11 such contracts or subcontracts.

12 SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF

13 1982.

14 Activities carried out, and financial assistance pro15 vided, under this Act shall not be considered a supple16 mental or additional benefit for purposes of the Reclama17 tion Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa

18 et seq.).

19 SEC. 10. APPROPRIATIONS AUTHORIZED.

20 Within existing budgetary authority and subject to

21 the availability of appropriations, the Secretary is author22 ized to expend up to $25,000,000, plus such additional

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

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

25 projects as shown by engineering and other relevant in-
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1 dexes to carry out this Act. Sums appropriated under this

2 section shall remain available until expended.

Passed the House of Representatives September 18,

2000.

Attest: JEFF TRANDAHL,

Clerk.