II

105TH CONGRESS

2D SESSION S. 1716

To direct the Secretary of the Interior, acting through the Commissioner

of Reclamation, to develop an action plan to restore the Salton Sea

in California and to conduct wildlife resource studies of the Salton

Sea, to authorize the Secretary to carry out a project to restore the

Salton Sea, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 5, 1998

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To direct the Secretary of the Interior, acting through the

Commissioner of Reclamation, to develop an action plan

to restore the Salton Sea in California and to conduct

wildlife resource studies of the Salton Sea, to authorize

the Secretary to carry out a project to restore the Salton

Sea, 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sonny Bono Memorial

5 Salton Sea Restoration Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the Salton Sea, located in Imperial County

4 and Riverside County, California, is an economic

5 and environmental resource of national importance;

6 (2) the Salton Sea is a critical component of

7 the Pacific flyway;

8 (3) the concentration of salinity or pollutants in

9 the Salton Sea has contributed to the recent deaths

10 of migratory waterfowl;

11 (4) the Salton Sea is critical as a reservoir for

12 irrigation and municipal and stormwater drainage;

13 (5) the Salton Sea provides benefits to sur14 rounding communities and nearby irrigation and

15 municipal water users;

16 (6) remediating the Salton Sea will provide na17 tional and international benefits; and

18 (7) Federal, State, and local governments have

19 a shared responsibility to assist in remediating the

20 Salton Sea.

21 SEC. 3. DEFINITIONS.

22 In this Act:

23 (1) SALTON SEA AUTHORITY.—The term

24 ‘‘Salton Sea Authority’’ means the Joint Powers Au25 thority established under the laws of the State of
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1 California by a Joint Power Agreement signed on

2 June 2, 1993.

3 (2) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior, acting through the

5 Commissioner of Reclamation.

6 SEC. 4. SALTON SEA RESTORATION ACTION PLAN.

7 (a) IN GENERAL.—As soon as practicable after the

8 date of enactment of this Act, the Secretary, in accordance

9 with the memorandum of understanding entered into

10 under subsection (f), shall prepare an action plan for re11 storing the Salton Sea in California.

12 (b) CONTENTS.—The action plan shall consist of—

13 (1) a study of the feasibility of various alter14 natives for remediating the Salton Sea;

15 (2) the selection of 1 or more practicable and

16 cost-effective options for remediating the Salton Sea;

17 and

18 (3) the development of a remediation plan that

19 will implement the options.

20 (c) OBJECTIVES.—In preparing the action plan, the

21 Secretary shall evaluate options that will—

22 (1) reduce and stabilize the overall salinity of

23 the Salton Sea to a level between 35 and 40 parts

24 per thousand;
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1 (2) stabilize the surface elevation of the Salton

2 Sea to a level that is between 240 feet below sea

3 level and 230 feet below sea level;

4 (3) restore habitat and reclaim water quality

5 over the long term to promote healthy fish and wild6 life resources and their habitats in the Salton Sea;

7 (4) enhance the potential for recreational uses

8 and economic development of the Salton Sea; and

9 (5) ensure the continued use of the Salton Sea

10 as a reservoir for irrigation and municipal and

11 stormwater drainage.

12 (d) OPTIONS.—In evaluating options under the action

13 plan, the Secretary shall—

14 (1) consider—

15 (A) using impoundments to segregate a

16 portion of the waters of the Salton Sea in 1 or

17 more evaporation ponds located in the Salton

18 Sea basin;

19 (B) pumping water out of the Salton Sea;

20 (C) augmenting the flow of water into the

21 Salton Sea;

22 (D) improving the quality of wastewater

23 discharges from Mexico (including discharges

24 from the Alamo River, the Whitewater River,
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1 and the New River) and from other water users

2 in the Salton Sea basin;

3 (E) implementing any other economically

4 feasible remediation options; and

5 (F) implementing any combination of the

6 actions described in subparagraphs (A) through

7 (E); and

8 (2) limit the options to economically feasible

9 and proven technologies.

10 (e) FACTORS.—In evaluating the feasibility of options

11 under the action plan, the Secretary shall consider—

12 (1) the ability of Federal, tribal, State, and

13 local government sources and private entities to fund

14 capital construction costs and annual operation,

15 maintenance, energy, and replacement costs; and

16 (2) how and where to dispose, permanently and

17 safely, of water pumped out of the Salton Sea and

18 any salts that may be condensed and accumulated in

19 implementing the option.

20 (f) MEMORANDUM OF UNDERSTANDING.—

21 (1) IN GENERAL.—The Secretary shall carry

22 out the action plan under this section in accordance

23 with a memorandum of understanding entered into

24 with the Salton Sea Authority, the Governor of the
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1 State of California, and such other tribal or local en2 tities as the Secretary considers appropriate.

3 (2) CRITERIA.—The memorandum of under4 standing shall, at a minimum, establish criteria for

5 the evaluation and selection of options under this

6 section, including criteria for determining the mag7 nitude and practicability of costs of construction, op8 eration, and maintenance of each evaluated option.

9 (g) RELATIONSHIP TO OTHER LAWS.—

10 (1) RECLAMATION LAWS.—

11 (A) IN GENERAL.—An option rec12 ommended by the action plan shall not be sub13 ject to the Act of June 17, 1902, and Acts

14 amendatory thereof or supplementary thereto

15 (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et

16 seq.) (including regulations adopted under those

17 Acts).

18 (B) NONREIMBURSABLE AND NONRETURN19 ABLE.—Funds provided to carry out the option

20 shall be considered nonreimbursable and non21 returnable.

22 (2) LAW OF THE RIVER.—An option rec23 ommended by the action plan—
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1 (A) shall not supersede or otherwise affect

2 any treaty, law, or agreement governing use of

3 water from the Colorado River; and

4 (B) shall be carried out in a manner that

5 is consistent with rights and obligation of per6 sons under all such treaties, laws, and agree7 ments.

8 (h) REPORTS.—

9 (1) INTERIM REPORT.—Not later than 1 year

10 after the date of enactment of this Act, the Sec11 retary shall submit to Congress an interim report on

12 the findings and recommendations of the action

13 plan, including—

14 (A) a summary of options considered for

15 remediating the Salton Sea; and

16 (B) a recommendation of a preferred op17 tion for remediating the Salton Sea.

18 (2) FINAL REPORT.—Not later than 18 months

19 after the date of enactment of this Act, the Sec20 retary shall submit to Congress a final report on the

21 findings and recommendations of the action plan, in22 cluding—

23 (A) a plan to implement the preferred op24 tion;
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1 (B) a recommendation for sharing costs to

2 carry out the preferred option, with (at the op3 tion of the Secretary) a different cost-sharing

4 formula for capital construction costs than is

5 applied to annual operation, maintenance, en6 ergy, and replacement costs; and

7 (C) the completion of all environmental

8 compliance and permitting activities required

9 for any construction activity under the pre10 ferred option.

11 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $30,000,000.

14 SEC. 5. SALTON SEA RESTORATION PROJECT.

15 (a) IN GENERAL.—Not later than 30 legislative days

16 after the Secretary submits the final report required under

17 section 4(h)(2), the Secretary shall have the authority to

18 carry out a project for remediating the Salton Sea that

19 is based on the preferred option recommended in the final

20 report, unless otherwise directed by Congress.

21 (b) LEGISLATIVE DAY.—In subsection (a), the term

22 ‘‘legislative day’’ means any day on which either House

23 of Congress is in session.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $300,000,000.

4 SEC. 6. SALTON SEA WILDLIFE RESOURCES STUDIES.

5 (a) IN GENERAL.—Concurrently with the action plan

6 carried out under section 4, the Secretary shall enter into

7 contracts, grants, and cooperative agreements with Fed8 eral and non-Federal entities to conduct studies rec9 ommended by the Salton Sea Research Management Com10 mittee under subsection (b)(1), including studies of hy11 drology, wildlife pathology, and toxicology relating to the

12 wildlife resources of the Salton Sea.

13 (b) SALTON SEA RESEARCH MANAGEMENT COMMIT14 TEE.—

15 (1) IN GENERAL.—The Secretary shall establish

16 a committee, to be known as the ‘‘Salton Sea Re17 search Management Committee’’, to make rec18 ommendations to the Secretary on the selection of

19 topics for studies under this section and manage20 ment of the studies.

21 (2) MEMBERSHIP.—The Committee shall be

22 composed of 4 members, of which—

23 (A) 1 member shall be appointed by the

24 Secretary;
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1 (B) 1 member shall be appointed by the

2 Governor of the State of California;

3 (C) 1 member shall be appointed by the

4 Torres Martinez Desert Cahuilla Tribal Govern5 ment; and

6 (D) 1 member shall be appointed by the

7 Salton Sea Authority.

8 (c) COORDINATION.—The Secretary shall ensure that

9 studies under this section are conducted in coordination

10 with appropriate international bodies, Federal agencies,

11 and California State agencies, including—

12 (1) the International Boundary and Water

13 Commission;

14 (2) the United States Fish and Wildlife Service;

15 (3) the Environmental Protection Agency;

16 (4) the California Department of Water Re17 sources;

18 (5) the California Department of Fish and

19 Game;

20 (6) the California Resources Agency;

21 (7) the California Environmental Protection

22 Agency;

23 (8) the California Regional Water Quality

24 Board; and

25 (9) California State Parks.
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1 (d) PEER REVIEW.—The Secretary shall require that

2 studies conducted under this section be subject to peer re3 view.

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $7,000,000.

7 SEC. 7. REDESIGNATION OF SALTON SEA NATIONAL WILD8 LIFE REFUGE RENAMED AS THE SONNY

9 BONO SALTON SEA NATIONAL WILDLIFE REF10 UGE.

11 (a) IN GENERAL.—The Salton Sea National Wildlife

12 Refuge, in Imperial County, California, shall be known

13 and designated as the ‘‘Sonny Bono Salton Sea National

14 Wildlife Refuge’’.

15 (b) REFERENCES.—Any reference in a law, map, reg16 ulation, document, record, or other paper of the United

17 States to the Refuge referred to in subsection (a) shall

18 be deemed to be a reference to the ‘‘Sonny Bono Salton

19 Sea National Wildlife Refuge’’.

20 SEC. 8. EMERGENCY ACTION TO STABILIZE SALTON SEA SA21 LINITY.

22 If, during the conduct of studies authorized by this

23 Act, the Secretary determines that environmental condi24 tions at the Salton Sea warrant immediate emergency ac25 tion to stabilize the salinity of the Salton Sea, the Sec-
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1 retary shall immediately submit a report to Congress doc2 umenting the conditions and making recommendations for

3 their remediation, together with specific recommendations

4 for actions to be required and the cost of the actions.

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