108TH CONGRESS

2D SESSION H. R. 4459

AN ACT

To authorize the Secretary of the Interior, acting

and for other purposes.groundwater remediation program in California,ing and implementation of a balanced, long-termgovernment agencies, to participate in the fundordination with other Federal, State, and localthrough the Bureau of Reclamation and in co-

108TH CONGRESS

2D SESSION H. R. 4459

AN ACT

To authorize the Secretary of the Interior, acting through

the Bureau of Reclamation and in coordination with

other Federal, State, and local government agencies, to

participate in the funding and implementation of a

balanced, long-term groundwater remediation program in

California, and for other purposes.
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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 ‘‘Llagas Reclamation

5 Groundwater Remediation Initiative’’.

6 SEC. 2. DEFINITIONS.

7 For the purposes of this Act:

8 (1) GROUNDWATER REMEDIATION.—The term

9 ‘‘groundwater remediation’’ means actions that are

10 necessary to prevent, minimize, or mitigate damage

11 to groundwater.

12 (2) LOCAL WATER AUTHORITY.—The term

13 ‘‘local water authority’’ means the Santa Clara Val14 ley Water District.

15 (3) REMEDIATION FUND.—The term ‘‘Remedi16 ation Fund’’ means the California Basins Ground17 water Remediation Fund established pursuant to

18 section 3(a).

19 (4) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of the Interior.

21 SEC. 3. CALIFORNIA BASINS REMEDIATION.

22 (a) CALIFORNIA BASINS REMEDIATION.—

23 (1) ESTABLISHMENT OF REMEDIATION

24 FUND.—There shall be established within the Treas25 ury of the United States an interest bearing account
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1 to be known as the California Basins Groundwater

2 Remediation Fund.

3 (2) ADMINISTRATION OF REMEDIATION

4 FUND.—The Remediation Fund shall be adminis5 tered by the Secretary of the Interior, acting

6 through the Bureau of Reclamation. The Secretary

7 shall administer the Remediation Fund in coopera8 tion with the local water authority.

9 (3) PURPOSES OF REMEDIATION FUND.—

10 (A) IN GENERAL.—Subject to subpara11 graph (B), the amounts in the Remediation

12 Fund, including interest accrued, shall be used

13 by the Secretary to provide grants to the local

14 water authority to reimburse the local water au15 thority for the Federal share of the costs associ16 ated with designing and constructing ground17 water remediation projects to be administered

18 by the local water authority.

19 (B) COST-SHARING LIMITATION.—

20 (i) IN GENERAL.—The Secretary may

21 not obligate any funds appropriated to the

22 Remediation Fund in a fiscal year until

23 the Secretary has deposited into the Reme24 diation Fund an amount provided by non25 Federal interests sufficient to ensure that
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1 at least 35 percent of any funds obligated

2 by the Secretary for a project are from

3 funds provided to the Secretary for that

4 project by the non-Federal interests.

5 (ii) NON-FEDERAL RESPONSI6 BILITY.—Each local water authority shall

7 be responsible for providing the non-Fed8 eral amount required by clause (i) for

9 projects under that local water authority.

10 The State of California, local government

11 agencies, and private entities may provide

12 all or any portion of the non-Federal

13 amount.

14 (iii) CREDITS TOWARD NON-FEDERAL

15 SHARE.—For purposes of clause (ii), the

16 Secretary shall credit the appropriate local

17 water authority with the value of all prior

18 expenditures by non-Federal interests

19 made after January 1, 2000, that are com20 patible with the purposes of this section,

21 including—

22 (I) all expenditures made by non23 Federal interests to design and con24 struct groundwater remediation

25 projects, including expenditures asso-
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1 ciated with environmental analyses

2 and public involvement activities that

3 were required to implement the

4 groundwater remediation projects in

5 compliance with applicable Federal

6 and State laws; and

7 (II) all expenditures made by

8 non-Federal interests to acquire lands,

9 easements, rights-of-way, relocations,

10 disposal areas, and water rights that

11 were required to implement a ground12 water remediation project.

13 (b) COMPLIANCE WITH APPLICABLE LAW.—In car14 rying out the activities described in this section, the Sec15 retary shall comply with any applicable Federal and State

16 laws.

17 (c) RELATIONSHIP TO OTHER ACTIVITIES.—Nothing

18 in this section shall be construed to affect other Federal

19 or State authorities that are being used or may be used

20 to facilitate remediation and protection of the Llagas

21 groundwater subbasin. In carrying out the activities de22 scribed in this section, the Secretary shall integrate such

23 activities with ongoing Federal and State projects and ac24 tivities. None of the funds made available for such activi25 ties pursuant to this section shall be counted against any
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1 Federal authorization ceiling established for any pre2 viously authorized Federal projects or activities.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to the Remediation Fund

5 $25,000,000. Such funds shall remain available until ex6 pended.

Passed the House of Representatives September 21,

2004.

Attest:

Clerk.