Calendar No. 46

104TH CONGRESS

1ST SESSION S. 523

[Report No. 104–24]

A BILL

To amend the Colorado River Basin Salinity Conpurposes. Dam in a cost-effective manner, and for other out the control of salinity upstream of Imperial trol Act to authorize additional measures to carry

APRIL 3 (legislative day, MARCH 27), 1995

Reported with an amendment
II

Calendar No. 46

104TH CONGRESS

1ST SESSION S. 523

[Report No. 104–24]

To amend the Colorado River Basin Salinity Control Act to authorize additional measures to carry out the control of salinity upstream of Imperial

Dam in a cost-effective manner, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 9 (legislative day, MARCH 6), 1995

Mr. BENNETT (for himself, Mr. BROWN, Mr. CAMPBELL, Mr. HATCH, Mr.

KYL, Mr. DOMENICI, Mr. SIMPSON, and Mr. THOMAS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

APRIL 3 (legislative day, MARCH 27), 1995

Reported by Mr. MURKOWSKI, with an amendment

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

A BILL

To amend the Colorado River Basin Salinity Control Act

to authorize additional measures to carry out the control

of salinity upstream of Imperial Dam in a cost-effective

manner, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 523 RS

1 SECTION 1. BASINWIDE SALINITY CONTROL PROGRAM FOR

2 THE COLORADO RIVER BASIN.

3 (a) AUTHORIZATION TO CONSTRUCT, OPERATE, AND

4 MAINTAIN A BASINWIDE SALINITY CONTROL PRO5 GRAM.—Section 202 of the Colorado River Basin Salinity

6 Control Act (43 U.S.C. 1592) is amended—

7 (1) in subsection (a)—

8 (A) in the first sentence—

9 (i) by striking ‘‘the following salinity

10 control units’’ and inserting ‘‘the following

11 salinity control units and salinity control

12 program’’; and

13 (ii) by striking the period at the end

14 and inserting a colon; and

15 (B) by adding at the end the following:

16 ‘‘(6) SALINITY CONTROL PROGRAM.—

17 ‘‘(A) IN GENERAL.—The Secretary, acting

18 through the Commissioner of Reclamation, shall

19 implement a basinwide salinity control program.

20 ‘‘(B) CONTRACTS AND OTHER VEHI21 CLES.—The Secretary may carry out this para22 graph directly, or may enter into contracts and

23 memoranda of agreement, or make grants, com24 mitments for grants, or advances of funds to

25 non-Federal entities, under such terms and con-
3

•S 523 RS

1 ditions as the Secretary considers to be appro2 priate.

3 ‘‘(C) COST-EFFECTIVE MEASURES.—The

4 salinity control program shall consist of cost-ef5 fective measures and associated works to reduce

6 salinity from saline springs, leaking wells, irri7 gation sources, industrial sources, erosion of

8 public and private land, or other sources, as the

9 Secretary considers to be appropriate.

10 ‘‘(D) MITIGATION.—The salinity control

11 program shall provide for the mitigation of inci12 dental fish and wildlife resources that are lost

13 as a result of the measures and associated

14 works described in subparagraph (C).

15 ‘‘(E) PLANNING REPORT.—The Secretary

16 shall submit a planning report concerning the

17 salinity control program to the appropriate

18 committees of Congress.

19 ‘‘(F) DELAY IN IMPLEMENTATION.—The

20 Secretary may not expend funds for any meas21 ure or associated work described in subpara22 graph (C) before the expiration of a 30-day pe23 riod beginning on the date on which the Sec24 retary submits a planning report under sub25 paragraph (E).’’; and
4

•S 523 RS

1 (2) in subsection (b)(4) by striking ‘‘and (5)’’

2 and inserting ‘‘(5), and (6)’’.

3 (b) ALLOCATION OF COSTS.—Section 205(a) of the

4 Colorado River Basin Salinity Control Act (43 U.S.C.

5 1595(a)) is amended—

6 (1) in paragraph (1) by striking ‘‘authorized by

7 sections 202(a) (4) and (5)’’ and inserting ‘‘author8 ized by section 202(a) (4), (5), and (6)’’; and

9 (2) in paragraph (4)(i) by striking ‘‘sections

10 202(a) (4) and (5)’’ each place it appears and in11 serting ‘‘section 202(a) (4), (5), and (6)’’.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

13 208 of the Colorado River Basin Salinity Control Act (43

14 U.S.C. 1598) is amended by adding at the end the follow15 ing new subsection:

16 ‘‘(c) ADDITIONAL AUTHORIZATION OF APPROPRIA17 TIONS.—In addition to the amounts authorized to be ap18 propriated under subsection (b), there are authorized to

19 be appropriated—

20 ‘‘(1) such sums as are necessary to pay for non21 federally financed salinity control; and

22 ‘‘(2) $75,000,000 for the construction of feder23 ally financed improvements described in section

24 202(a).’’.
5

•S 523 RS

1 SECTION 1. AMENDMENTS TO THE COLORADO RIVER BASIN

2 SALINITY CONTROL ACT.

3 The Colorado River Basin Salinity Control Act (43

4 U.S.C. 1571 et seq.) is amended—

5 (1) in section 202(a)—

6 (A) in the first sentence—

7 (i) by striking ‘‘the following salinity

8 control units’’ and inserting ‘‘the following

9 salinity control units and salinity control

10 program’’; and

11 (ii) by striking the period and insert12 ing a colon; and

13 (B) by adding at the end the following new

14 paragraph:

15 ‘‘(6) A basinwide salinity control program that

16 the Secretary, acting through the Bureau of Reclama17 tion, shall implement. The Secretary may carry out

18 the purposes of this paragraph directly, or may make

19 grants, commitments for grants, or advances of funds

20 to non-Federal entities under such terms and condi21 tions as the Secretary may require. Such program

22 shall consist of cost-effective measures and associated

23 works to reduce salinity from saline springs, leaking

24 wells, irrigation sources, industrial sources, erosion of

25 public and private land, or other sources that the Sec26 retary considers appropriate. Such program shall
6

•S 523 RS

1 provide for the mitigation of incidental fish and wild2 life values that are lost as a result of the measures

3 and associated works. The Secretary shall submit a

4 planning report concerning the program established

5 under this paragraph to the appropriate committees

6 of Congress. The Secretary may not expend funds for

7 any implementation measure under the program es8 tablished under this paragraph before the expiration

9 of a 30-day period beginning on the date on which the

10 Secretary submits such report’’;

11 (2) in section 205(a)—

12 (A) in paragraph (1) by striking ‘‘author13 ized by section 202(a) (4) and (5)’’ and inserting

14 ‘‘authorized by paragraphs (4) through (6) of

15 section 202(a)’’; and

16 (B) in paragraph (4)(i), by striking ‘‘sec17 tion 202(a) (4) and (5)’’ each place it appears

18 and inserting ‘‘paragraphs (4) through (6) of

19 section 202’’;

20 (3) in section 208, by adding at the end the

21 following new subsection:

22 ‘‘(c) In addition to the amounts authorized to be ap23 propriated under subsection (b), there are authorized to be

24 appropriated $75,000,000 for subsection 202(a), including

25 constructing the works described in paragraph 202(a)(6)
7

•S 523 RS

1 and carrying out the measures described in such para2 graph.’’; and

3 (4) in subsection 202(b)(4) delete ‘‘units author4 ized to be constructed pursuant to paragraphs (1),

5 (2), (3), (4), and (5)’’ and insert in lieu thereof

6 ‘‘units authorized to be constructed or the program

7 pursuant to paragraphs (1), (2), (3), (4), (5), and

8 (6).’’.