I 

108TH CONGRESS 

2D SESSION H. R. 4459

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004

Mr. POMBO introduced the following bill; which was referred to the Committee 

on Resources 

A BILL

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.

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’’. 
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1 SEC. 2. DEFINITIONS. 

2 For the purposes of this Act: 

3 (1) GROUNDWATER REMEDIATION.—The term 

4 ‘‘groundwater remediation’’ means actions that are 

5 necessary to prevent, minimize, or mitigate damage 

6 to groundwater. 

7 (2) LOCAL WATER AUTHORITY.—The term 

8 ‘‘local water authority’’ means the Santa Clara Val9 ley Water District. 

10 (3) REMEDIATION FUND.—The term ‘‘Remedi11 ation Fund’’ means the California Basins Ground12 water Remediation Fund established pursuant to 

13 section 3(a). 

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

15 the Secretary of the Interior. 

16 SEC. 3. CALIFORNIA BASINS REMEDIATION. 

17 (a) CALIFORNIA BASINS REMEDIATION.—

18 (1) ESTABLISHMENT OF REMEDIATION

19 FUND.—There shall be established within the Treas20 ury of the United States an interest bearing account 

21 to be known as the California Basins Groundwater 

22 Remediation Fund. 

23 (2) ADMINISTRATION OF REMEDIATION

24 FUND.—The Remediation Fund shall be adminis25 tered by the Secretary of the Interior, acting 

26 through the Bureau of Reclamation. The Secretary 
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1 shall administer the Remediation Fund in coopera2 tion with the local water authority. 

3 (3) PURPOSES OF REMEDIATION FUND.—

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the amounts in the Remediation 

6 Fund, including interest accrued, shall be used 

7 by the Secretary to provide grants to the local 

8 water authority to reimburse the local water au9 thority for the Federal share of the costs associ10 ated with designing and constructing ground11 water remediation projects to be administered 

12 by the local water authority. 

13 (B) COST-SHARING LIMITATION.—

14 (i) IN GENERAL.—The Secretary may 

15 not obligate any funds appropriated to the 

16 Remediation Fund in a fiscal year until 

17 the Secretary has deposited into the Reme18 diation Fund an amount provided by non19 Federal interests sufficient to ensure that 

20 at least 35 percent of any funds obligated 

21 by the Secretary for a project are from 

22 funds provided to the Secretary for that 

23 project by the non-Federal interests. 

24 (ii) NON-FEDERAL RESPONSI25 BILITY.—Each local water authority shall 
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1 be responsible for providing the non-Fed2 eral amount required by clause (i) for 

3 projects under that local water authority. 

4 The State of California, local government 

5 agencies, and private entities may provide 

6 all or any portion of the non-Federal 

7 amount. 

8 (iii) CREDITS TOWARD NON-FEDERAL

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

10 Secretary shall credit the appropriate local 

11 water authority with the value of all prior 

12 expenditures by non-Federal interests 

13 made after January 1, 2000, that are com14 patible with the purposes of this section, 

15 including—

16 (I) all expenditures made by non17 Federal interests to design and con18 struct groundwater remediation 

19 projects, including expenditures asso20 ciated with environmental analyses 

21 and public involvement activities that 

22 were required to implement the 

23 groundwater remediation projects in 

24 compliance with applicable Federal 

25 and State laws; and 
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1 (II) all expenditures made by 

2 non-Federal interests to acquire lands, 

3 easements, rights-of-way, relocations, 

4 disposal areas, and water rights that 

5 were required to implement a ground6 water remediation project. 

7 (b) COMPLIANCE WITH APPLICABLE LAW.—In car8 rying out the activities described in this section, the Sec9 retary shall comply with any applicable Federal and State 

10 laws. 

11 (c) RELATIONSHIP TO OTHER ACTIVITIES.—Nothing 

12 in this section shall be construed to affect other Federal 

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

14 to facilitate remediation and protection of the Llagas 

15 groundwater subbasin. In carrying out the activities de16 scribed in this section, the Secretary shall integrate such 

17 activities with ongoing Federal and State projects and ac18 tivities. None of the funds made available for such activi19 ties pursuant to this section shall be counted against any 

20 Federal authorization ceiling established for any pre21 viously authorized Federal projects or activities. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Remediation Fund 
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1 $25,000,000. Such funds shall remain available until ex2 pended.

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