II

106TH CONGRESS

2D SESSION S. 2248

To assist in the development and implementation of projects to provide

for the control of drainage water, storm water, flood water, and other

water as part of water-related integrated resource management, environmental infrastructure, and resource protection and development projects

in the Colusa Basin Watershed, California.

IN THE SENATE OF THE UNITED STATES

MARCH 20, 2000

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To assist in the development and implementation of projects

to provide for the control of drainage water, storm water,

flood water, and other water 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’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) DISTRICT.—The term ‘‘District’’ means the

4 Colusa Basin Drainage District, California.

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

6 the Secretary of the Interior.

7 (3) STATE STATUTE.—The term ‘‘State stat8 ute’’ means section 413 of the California Statutes

9 1987, chapter 1399 (commonly known as the

10 ‘‘Colusa Basin Drainage Act’’), as in effect on the

11 date of enactment of this Act.

12 SEC. 3. AUTHORIZATION OF ASSISTANCE.

13 The Secretary may provide financial assistance to the

14 District for use by the District or by local agencies acting

15 under the State statute, for planning, design, environ16 mental compliance, and construction required in carrying

17 out eligible projects in the Colusa Basin Watershed—

18 (1) to—

19 (A) reduce the risk of damage to urban

20 and agricultural areas from flooding or the dis21 charge of drainage water or tailwater;

22 (B) assist in groundwater recharge efforts

23 to alleviate overdraft and land subsidence; or

24 (C) construct, restore, or preserve wetland

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

2 of the purposes described in paragraph (1), surface

3 water or stormwater for conservation, conjunctive

4 use, and increased water supplies.

5 SEC. 4. PROJECT SELECTION.

6 (a) ELIGIBLE PROJECTS.—A project shall be an eligi7 ble project for purposes of section 3 if the project is—

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

9 Basin Water Management Program’’, dated Feb10 ruary 1995; and

11 (2) carried out in accordance with that docu12 ment and all environmental documentation require13 ments that apply to the project under the laws of

14 the United States and the State of California.

15 (b) COMPATIBILITY REQUIREMENT.—The Secretary

16 shall ensure that projects for which assistance is provided

17 under this Act are not inconsistent with watershed protec18 tion and environmental restoration efforts being carried

19 out under the Central Valley Project Improvement Act

20 (106 Stat. 4706 et seq.) or the CALFED Bay-Delta Pro21 gram.

22 SEC. 5. COST SHARING.

23 (a) NON-FEDERAL SHARE.—The Secretary shall re24 quire that the District and cooperating non-Federal agen25 cies or organizations pay—
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1 (1) 25 percent of the costs associated with con2 struction of any project carried out with assistance

3 provided under this Act; and

4 (2) 100 percent of any operation, maintenance,

5 and replacement and rehabilitation costs with re6 spect to such a project.

7 (b) PLANNING, DESIGN, AND COMPLIANCE ASSIST8 ANCE.—Funds made available under this Act may be used

9 to fund all costs incurred for planning, design, and envi10 ronmental compliance activities by the District or by local

11 agencies acting under the State statute, in accordance

12 with agreements with the Secretary.

13 (c) TREATMENT OF CONTRIBUTIONS.—For purposes

14 of this section, the Secretary shall treat the value of land,

15 interests in land (including rights-of-way and other ease16 ments), and necessary relocations contributed by the Dis17 trict to a project as payment by the District of the costs

18 of the project.

19 SEC. 6. NONREIMBURSABILITY OF COSTS.

20 Amounts expended under this Act shall be considered

21 nonreimbursable for purposes of the Act of June 17, 1902

22 (32 Stat. 388, chapter 1093), and Acts amendatory of and

23 supplemental to that Act.
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1 SEC. 7. AGREEMENTS.

2 Funds made available under this Act may be made

3 available to the District or a local agency only if the Dis4 trict or local agency, as applicable, enters into a binding

5 agreement with the Secretary that—

6 (1) provides that the District or the local agen7 cy shall pay the non-Federal share of the costs of

8 construction required by section 5(a); and

9 (2) governs the funding of planning, design,

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

11 SEC. 8. REIMBURSEMENT.

12 For project work (including work associated with

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

14 the District or by a local agency acting under the State

15 statute before the date on which amounts are provided for

16 the project under this Act, the Secretary shall, subject to

17 amounts being made available in advance in appropria18 tions Acts, reimburse the District or the local agency,

19 without interest, an amount equal to the estimated Fed20 eral share of the cost of such work under section 5.

21 SEC. 9. COOPERATIVE AGREEMENTS.

22 (a) IN GENERAL.—The Secretary may enter into co23 operative agreements and contracts with the District to

24 assist the Secretary in carrying out this Act.

25 (b) SUBCONTRACTING.—Under a cooperative agree26 ment or contract, the Secretary may authorize the District
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1 to enter into contracts and receive reimbursements, sub2 ject to amounts being made available in advance in appro3 priations Acts, for work carried out under the contract or

4 subcontract.

5 SEC. 10. RELATIONSHIP TO RECLAMATION REFORM ACT OF

6 1982.

7 Activities carried out, and financial assistance pro8 vided, under this Act shall not be considered a supple9 mental or additional benefit for purposes of the Reclama10 tion Reform Act of 1982 (43 U.S.C. 390aa et seq.).

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to the Sec13 retary to carry out this Act $25,000,000, plus such addi14 tional amount, if any, as may be required by reason of

15 changes in costs of services of the types involved in the

16 District’s projects as shown by engineering and other rel17 evant indexes, to remain available until expended.

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