I
107TH CONGRESS
2D SESSION
H. R. 5123
To address certain matters related to Colorado River water management
and the Salton Sea by providing funding for habitat enhancement
projects at the Salton Sea, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 2002
Mr. HUNTER introduced the following bill; which was referred to the
Committee on Resources
A BILL
To address certain matters related to Colorado River water
management and the Salton Sea by providing funding
for habitat enhancement projects at the Salton Sea, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Colorado River Quan-
tification Settlement Facilitation Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) ALL
AMERICAN
CANAL.—The term ‘‘All
American Canal’’ means the main canal and appur-
tenant structures in Southern California authorized
by the Boulder Canyon Project Act (43 U.S.C. 617
et seq.) for the delivery of water to the Imperial Irri-
gation District and the Coachella Valley Water Dis-
trict.
(2) CALIFORNIA COLORADO RIVER WATER USE
PLAN.—The term ‘‘California Colorado River Water
Use Plan’’ means that document dated May 2000,
prepared by the Colorado River Board of the State
of California and interested parties to address the
policies, programs, projects, actions, and other ac-
tivities dealing with safeguarding, protecting, and
optimizing California’s Colorado River resources.
(3) COACHELLA VALLEY WATER DISTRICT OR
CVWD.—The term ‘‘Coachella Valley Water District’’
or ‘‘CVWD’’ means the county water district by that
name organized under the laws of the State of Cali-
fornia for the purpose of providing water supplies
and other services within the boundaries of that dis-
trict in the Coachella Valley and Imperial Valley,
California.
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Inter-
national Boundary and Water Commission.
(5) COVERED ACTIVITIES.—The term ‘‘Covered
Activities’’ means those activities and actions identi-
fied in the Habitat Conservation Plan as ‘‘activities
covered by the HCP’’ or ‘‘covered activities’’.
(6) COVERED
SPECIES.—The term ‘‘Covered
Species’’ means those species identified in the Habi-
tat Conservation Plan as ‘‘species covered by the
HCP’’ or ‘‘covered species’’.
(7) HABITAT CONSERVATION PLAN.—The term
‘‘Habitat Conservation Plan’’ means the conserva-
tion plan developed by the Imperial Irrigation Dis-
trict pursuant to subsection (b)(2) of section 10 of
the Endangered Species Act of 1973 (16 U.S.C.
1539(b)(2)) for the Quantification Settlement Agree-
ment water transfers and related actions.
(8) HABITAT CONSERVATION PLAN AREA.—The
term ‘‘Habitat Conservation Plan Area’’ means the
‘‘HCP Area’’ as identified in the Habitat Conserva-
tion Plan.
(9) HABITAT ENHANCEMENT PROJECTS.—The
term ‘‘Habitat Enhancement Projects’’ means those
projects and actions benefiting species using the
Salton Sea area that are identified in the Habitat
Conservation 
Plan 
as 
‘‘habitat 
enhancement
projects’’.
(10) IBWC.—The term ‘‘IBWC’’ means the
International Boundary and Water Commission.
(11) IMPERIAL IRRIGATION DISTRICT OR IID.—
The term ‘‘Imperial Irrigation District’’ or ‘‘IID’’
means the irrigation district by that name organized
under the laws of the State of California for the pur-
pose of providing water supplies, electric power, and
other services within the boundaries and power serv-
ice area of that district in the Imperial Valley and
Coachella Valley, California.
(12) METROPOLITAN
WATER
DISTRICT
OF
SOUTHERN CALIFORNIA OR MWD.—The term ‘‘The
Metropolitan Water District of Southern California’’
or ‘‘MWD’’ means the metropolitan water district by
that name organized under the laws of the State of
California for the purpose of supplying municipal,
industrial, and agricultural water to that area of
southern California within the boundaries of that
district.
(13) QUANTIFICATION
SETTLEMENT
AGREE-
MENT.—The term ‘‘Quantification Settlement Agree-
ment’’ means the agreement of that title among the
Quantification Settlement Agreement Parties, the
provisions of which are substantially as described in
the draft Quantification Settlement Agreement dated
December 12, 2000, submitted for public review by
the Quantification Settlement Agreement Parties.
(14) QUANTIFICATION
SETTLEMENT
AGREE-
MENT PARTIES.—The term ‘‘Quantification Settle-
ment Agreement Parties’’ means IID, MWD, and
CVWD, and the State of California.
(15) SALTON
SEA
AUTHORITY.—The term
‘‘Salton Sea Authority’’ means the Joint Powers Au-
thority by that name established under the laws of
the State of California by a Joint Powers agreement
signed on June 2, 1993.
(16) SAN DIEGO COUNTY WATER AUTHORITY
OR SDCWA.—The term ‘‘San Diego County Water
Authority’’ or ‘‘SDCWA’’ means the county water
authority by that name organized under the laws of
the State of California for the purpose of supplying
municipal, industrial, and agricultural water within
its boundaries in San Diego County, California.
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior or any author-
ized representative of such Secretary.
SEC. 3. SALTON SEA HABITAT ENHANCEMENT PROJECTS
AND RESTORATION FUNDING.
(a) AUTHORIZATION OF PROJECTS.—
(1) IN GENERAL.—The Secretary, acting in ac-
cordance with this Act and through the Bureau of
Reclamation, shall, except as otherwise provided in
this section, take all necessary actions to—
(A) in order to satisfy the requirements of
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) for whatever action relating to the
Salton Sea may be required under that Act as
a result of the Quantification Settlement Agree-
ment water transfers, provide for the construc-
tion of the Habitat Enhancement Projects; and
(B) provide for the construction of projects
that provide facilities at or near the Salton Sea
for hunting, fishing, bird watching, boating,
and camping.
(2) CONSULTATION.—In implementing this sub-
section the Secretary shall consult with local govern-
ment entities and public interest groups.
(b) COORDINATION WITH SALTON SEA RESTORA-
TION PLAN.—
(1) TIMING
OF
CONSTRUCTION.—In deter-
mining the timing of construction of the Habitat
Enhancement Projects under this section, the Sec-
retary shall be guided by the timing of implementa-
tion of the Salton Sea restoration plan to be devel-
oped pursuant to the Salton Sea Reclamation Act of
1998 (112 Stat. 3377).
(2) LEGISLATION IMPLEMENTING SALTON SEA
RESTORATION
PROJECT.—(A) If legislation pro-
viding for implementation of a long-term Salton Sea
restoration project is enacted by the Congress on or
before December 31, 2007, the funds appropriated
under this section may be used by the Secretary, the
Salton Sea Authority, or both, for the implementa-
tion of the Salton Sea restoration project in such
manner as the Secretary, in consultation with the
Salton Sea Authority, determines is consistent with
such legislation.
(B) If such legislation is not enacted by the
Congress on or before December 31, 2007, the Sec-
retary, acting through the Bureau of Reclamation,
the Salton Sea Authority, or both, shall proceed as
soon after that date as is practicable to use the
funds appropriated under this section to construct
the Habitat Enhancement Projects independent of
any long-term restoration plan for the Salton Sea.
(c) FACILITATION
OF PROJECTS.—The Secretary
shall—
(1) make available such public lands as are
needed for the development of any of the Habitat
Enhancement Projects carried out at the Salton Sea;
and
(2) consult with IID and CVWD in order to ac-
commodate the operations of IID and CVWD in the
development of any of the Habitat Enhancement
Projects constructed on or adjacent to the Salton
Sea within their respective boundaries.
(d) WIND EROSION PREVENTION PROJECTS.—
(1) IN
GENERAL.—The Secretary shall carry
out projects under this section that are necessary to
prevent threats to health or safety caused by wind
erosion of portions of the Salton Sea bed that be-
come exposed as a direct result of the receding of
the Salton Sea because of increased conservation
measures that reduce runoff into the Sea from the
New River and the Alamo River.
(2) MARSH CREATION AND GROUND COVER RE-
VEGETATION.—Projects under this subsection shall
include the creation of marshes and planting of
ground cover vegetation, including the creation of
marshes, planted fields, and other types of habitat
for waterfowl and other bird species.
(3) CONSULTATION.—In carrying out projects
under this subsection the Secretary shall consult
local government entities and public interest groups.
(4) USE FOR RECREATIONAL ACTIVITIES.—The
Secretary, in consultation with the California De-
partment of Fish and Game, shall keep open for
public access lands on which projects are carried out
under this subsection, including for hunting, fishing,
birdwatching, and other recreational activities.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN
GENERAL.—For the purpose of con-
structing Habitat Enhancement Projects under this
section, there are authorized to be appropriated to
the Secretary $60,000,000.
(2) NONREIMBURSABLE
EXPENDITURES.—Ex-
penditure of amounts appropriated under this sec-
tion shall be considered a nonreimbursable Federal
expenditure.
(3) ADJUSTMENT
FOR
INFLATION.—Amounts
authorized for appropriation by this subsection shall
be adjusted for inflation each fiscal year after the
date of enactment of this Act.
SEC. 4. COMPLIANCE WITH ENDANGERED SPECIES ACT OF
1973.
(a) FINDINGS.—The Congress finds the following:
(1) The Salton Sea Reclamation Act of 1998
(Public Law 105–372) recognized that—
(A) the Federal Government will bear the
responsibility for rehabilitation of the Salton
Sea; and
(B) such rehabilitation should be based on
the assumption that water conservation meas-
ures and transfers out of the Salton Sea Basin
could result in a reduction of inflows to the Sea
of up to 800,000 acre feet per year.
(2) Although the Federal Government will bear
that responsibility, IID, SDCWA, MWD, and
CVWD should contribute a combined total of
$50,000,000 to mitigate the effects of the water
transfers on the Salton Sea.
(b) REQUIREMENTS DEEMED SATISFIED BY PAY-
MENT.—
(1) such districts and authority—
(A) are deemed to have fulfilled all respon-
sibilities of the districts under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et. seq.)
arising from water transfers required by the
Quantification Settlement Agreement; and
(B) shall not be liable under any Federal
law for any penalty, or the payment of any ad-
ditional amount, with respect to such water
transfers; and
(2) the Secretary and the State of California
shall carry out all further responsibilities under law
with respect to those water transfers.
(c) SATISFACTION OF RESPONSIBILITIES BY SEC-
RETARY AND STATE.—
(1) IN GENERAL.—The responsibilities of the
Secretary and the State under subsection (b)(2)
shall be considered to be satisfied if the Secretary,
in consultation with the head of the California De-
partment of Fish and Game, implements a rehabili-
tation plan for the Salton Sea pursuant to the feasi-
bility studies required to be completed under section
101(b) of the Salton Sea Reclamation Act of 1998
(Public Law 105–09372; 112 Stat. 3377).
(2) USE
OF
PAYMENT.—The Secretary may,
subject to the availability of appropriations, use
amounts received by the United States as a payment
made under subsection (b) to implement a rehabili-
tation plan pursuant to paragraph (1) of this sub-
section.
(d) LIMITATION ON REVIEW.—Notwithstanding any
other law, no person may commence any judicial action
or other administrative or judicial proceeding to contest,
review, set aside, void, or annul the Secretary’s approval
of the water transfers and related actions that are nec-
essary for the implementation of the Quantification Settle-
ment Agreement, or any related Federal agency action,
unless such person—
(1) submitted written comments to the Sec-
retary or a designee of the Secretary in the public
comment period for any proposed approval or action
for which a noticed public comment period was pro-
vided pursuant to applicable law or regulations, al-
leging with particularity the grounds for objections
to such a proposed approval or action; and
(2)(A) in the case of an approval or permit
under the Endangered Species Act of 1973, filed an
action in a United States District Court within 90
days after the issuance of such approval of permit;
(B) in the case of an environmental impact
statement under the National Environmental Policy
Act of 1969, filed an action in a United States Dis-
trict Court within 90 days after the issuance of a
record of decision regarding that statement; or
(C) in the case of any other approval or action
subject to this subsection, filed an action in a United
States District Court within 90 days after such ac-
tion is taken.
SEC. 5. OFF-STREAM WATER MANAGEMENT RESERVOIRS
AND ASSOCIATED FACILITIES NEAR THE ALL
AMERICAN CANAL.
(a) CONSTRUCTION REQUIREMENT.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Bureau of Reclamation and the Bureau
of Land Management, shall exercise existing author-
ity to operate and maintain the Colorado River front
work and levee system under section 4 of the Act of
January 21, 1927 (chapter 47; 44 Stat. 1010), and
other Acts relating to that authority, to take all nec-
essary actions to provide for the construction of off-
stream water management reservoirs and associated
facilities near the All American Canal.
(2) COORDINATION WITH ALL AMERICAN CANAL
WORK.—The Secretary shall coordinate construction
of the reservoirs and associated facilities with the
construction of a lined All American Canal pursuant
to title II of the Act of November 17, 1988 (Public
Law 100–675; 102 Stat. 4005).
(3) CONSTRUCTION
BY
IID.—The Secretary
shall authorize IID to carry out construction of the
reservoirs and associated facilities under this sub-
section if IID enters into an agreement with the
Secretary that addresses, among other matters con-
sidered appropriate by the Secretary, the following:
(A) The procedures and requirements for
approval and acceptance by the Secretary of
such works, including approval of the quality of
construction.
(B) Any measures the Secretary considers
necessary to protect public health and safety.
(C) Any mitigation measures the Secretary
considers necessary for the protection of fish
and wildlife resources.
(4) 
CONSTRUCTION
ON
NON-FEDERAL
LANDS.—The off-stream water management res-
ervoirs shall be constructed under this section on
lands owned by IID. For purposes of this paragraph,
the Secretary, acting through the Bureau of Land
Management, shall coordinate with IID to exchange
Federal lands with lands owned by IID pursuant to
existing land exchange authority in section 206 of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716) and any other applicable
Federal law.
(5) OPERATING
AGREEMENT.—Prior to the
completion of construction under this subsection, the
Secretary shall enter into an operating agreement
with IID to arrange for appropriate operation of the
off-stream water management reservoirs so as to
provide for such matters as regulating river flows,
furthering water conservation and hydropower gen-
eration, preventing the loss of Lake Mead storage,
and facilitating any arrangements with Mexico devel-
oped pursuant to subsection (b).
(b) COOPERATION WITH MEXICO.—The Secretary
shall consult with the Commissioner to determine whether
the off-stream water management reservoirs and associ-
ated facilities constructed under this section may be of as-
sistance, on the basis of comity, to Mexico in addressing
its Colorado River water supply management needs. In
carrying out this subsection, the Secretary and the Com-
missioner shall consult with IID, CVWD, MWD, and
SDCWA.
(c) INITIATION OF CONSTRUCTION; PROGRESS RE-
PORT.—
(1) IN GENERAL.—The Secretary shall provide
for the initiation of construction of the water man-
agement reservoirs and associated facilities under
this section by June 30, 2003.
(2) REPORT.—Not later than December 31,
2003, the Secretary shall submit a report on the
progress of construction of the reservoirs and associ-
ated facilities, and the resolution with Mexico of any
related water management issues, to the Committee
of Resources of the House of Representatives and
the Committee of Energy and Natural Resources of
the Senate.
(3) PRECONSTRUCTION
ACTIVITIES
AUTHOR-
IZED.—This subsection is not intended to prohibit
the Secretary from proceeding with all necessary
preconstruction activities, including site selection,
engineering and design, and necessary environmental
compliance.
(d) AUTHORIZATION OF APPROPRIATION.—For con-
structing off-stream water management reservoirs and as-
sociated facilities under this section, there are authorized
to be appropriated to the Secretary $53,000,000. Expendi-
ture of amounts appropriated under this section shall be
considered a nonreimbursable Federal expenditure.
SEC. 6. TERMINATION OF AUTHORITIES AND PERMITS.
This Act, including any incidental take permits and
other approvals issued under the Endangered Species Act
of 1973 pursuant to section 4, shall terminate and be of
no force or effect after December 31, 2002, unless the
Quantification Settlement Agreement is in effect on or be-
fore December 31, 2002, and remains in effect.
SEC. 7. RESERVATION OF RIGHTS AND OBLIGATIONS WITH
RESPECT TO THE COLORADO RIVER.
This Act shall not be construed to supersede or other-
wise affect any treaty, law, decree, contract, or agreement
governing use of water from the Colorado River. All activi-
ties undertaken pursuant to this Act shall be carried out
in a manner consistent with the rights and obligations of
persons under those treaties, laws, decrees, contracts, and
agreements.
SEC. 8. RELATION TO RECLAMATION LAW.
For the purposes of section 203(a) of the Reclama-
tion Reform Act of 1982 (96 Stat. 1264), any contract
or agreement entered into pursuant to this Act shall not
be treated as a contract entered into or amended subse-
quent to the date of enactment of that Act.
SEC. 9. PROTECTION FROM LIABILITY.
IID, CVWD, MWD, SDCWA, and the Salton Sea
Authority and its member agencies shall not be liable for
damages of any kind arising from the effects to the Salton
Sea or its bordering area resulting from—
(1) cooperation with the Secretary in regard to
any actions, programs, or projects implemented pur-
suant to this Act; or
(2) any actions that directly or indirectly reduce
the volume of water that flows into the Salton Sea.
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