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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Sonny Bono Memorial Salton Sea Reclamation Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—SALTON SEA RECLAMATION PROJECT
Sec. 101. Salton Sea Reclamation Project authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono Salton
Sea National Wildlife Refuge.
Sec. 104. Relationship to other laws and agreements governing the Colorado
River.
TITLE II—EMERGENCY ACTION TO IMPROVE WATER QUALITY IN
THE ALAMO RIVER AND NEW RIVER
Sec. 201. Alamo River and New River irrigation drainage water.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Salton Sea, located in Imperial and
Riverside Counties, California, is an economic and
environmental resource of national importance.
(2) The Salton Sea is critical as—
(A) a reservoir for irrigation, municipal,
and stormwater drainage; and
(B) a component of the Pacific flyway.
(3) Reclaiming the Salton Sea will provide na-
tional and international benefits.
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(4) The Federal, State, and local governments
have a shared responsibility to assist in the reclama-
tion of the Salton Sea.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ‘‘Committees’’ means the Com-
mittee on Resources and the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources and the Committee on Environment
and Public Works of the Senate.
(2) The term ‘‘Project’’ means the Salton Sea
reclamation project authorized by section 101.
(3) The term ‘‘Salton Sea Authority’’ means
the Joint Powers Authority by that name established
under the laws of the State of California by a Joint
Power Agreement signed on June 2, 1993.
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Bureau of Rec-
lamation.
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TITLE I—SALTON SEA
RECLAMATION PROJECT
SEC. 101. SALTON SEA RECLAMATION PROJECT AUTHOR-
IZATION.
(a) IN GENERAL.—The Secretary, in accordance with
this section, shall undertake a project to reclaim the
Salton Sea, California.
(b) PROJECT REQUIREMENTS.—The Project shall—
(1) reduce and stabilize the overall salinity of
the Salton Sea;
(2) stabilize the surface elevation of the Salton
Sea;
(3) reclaim, in the long term, healthy fish and
wildlife resources and their habitats;
(4) enhance the potential for recreational uses
and economic development of the Salton Sea; and
(5) ensure the continued use of the Salton Sea
as a reservoir for irrigation drainage.
(c) FEASIBILITY STUDY.—
(1) IN
GENERAL.—(A) The Secretary shall
promptly initiate a study of the feasibility of various
options for meeting the requirements set forth in
subsection (b). The purpose of the study shall be to
select one or more practicable and cost-effective op-
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tions and to develop a reclamation plan for the
Salton Sea that implements the selected options.
(B)(i) The Secretary shall carry out the fea-
sibility study in accordance with a memorandum of
understanding entered into by the Secretary, the
Salton Sea Authority, and the Governor of Califor-
nia.
(ii) The memorandum of understanding shall,
at a minimum, establish criteria for evaluation and
selection of options under subparagraph (A), includ-
ing criteria for determining the magnitude and prac-
ticability of costs of construction, operation, and
maintenance of each option evaluated.
(2) OPTIONS
TO
BE
CONSIDERED.—Options
considered in the feasibility study—
(A) shall consist of—
(i) use of impoundments to segregate
a portion of the waters of the Salton Sea
in one or more evaporation ponds located
in the Salton Sea basin;
(ii) pumping water out of the Salton
Sea;
(iii) augmented flows of water into the
Salton Sea;
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(iv) a combination of the options re-
ferred to in clauses (i), (ii), and (iii); and
(v) any other economically feasible re-
mediation option the Secretary considers
appropriate;
(B) shall be limited to proven technologies;
and
(C) shall not include any option that—
(i) develops or promotes an ongoing
reliance on Colorado River water; or
(ii) is inconsistent with section 104
(b) or (c).
(3) PROJECT DESIGN CALCULATIONS.—In mak-
ing Project design calculations, the Secretary shall
apply assumptions regarding water inflows into the
Salton Sea Basin that—
(A) encourage water conservation;
(B) account for transfers of water out of
the Salton Sea Basin;
(C) are based on the maximum likely re-
duction in inflows into the Salton Sea Basin;
and
(D) include the assumption that inflows
into the Salton Sea Basin could be reduced to
800,000 acre-feet or less per year.
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(4) CONSIDERATION OF COSTS.—In evaluating
the feasibility of options, the Secretary shall consider
the ability of Federal, tribal, State and local govern-
ment sources and private sources to fund capital
construction costs and annual operation, mainte-
nance, energy, and replacement costs. In that con-
sideration, the Secretary may apply a cost sharing
formula to annual operation, maintenance, energy,
and replacement costs that is different than the for-
mula that applies to construction costs under sub-
section (e).
(5) INTERIM
REPORT.—Not later than 270
days after the date of enactment of this Act, the
Secretary shall submit to the Congress an interim
report on the study. The interim report shall in-
clude—
(A) a summary of the options considered
in the study for the reclamation of the Salton
Sea; and
(B) any preliminary findings regarding
preferred options for reclamation of the Salton
Sea.
(6) REPORT
AND
PLAN.—Not later than 18
months after funds have been made available to
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carry out the feasibility study under this subsection,
the Secretary shall—
(A) submit to the Committees a report on
the findings and recommendations of the fea-
sibility study, including—
(i) the reclamation plan for the Salton
Sea pursuant to paragraph (1), including a
cost sharing formula for operation and
maintenance; and
(ii) complete specifications of the con-
struction activities to be carried out under
subsection (e), that are sufficient to use
for soliciting bids for those activities, in-
cluding professional engineering and design
specifications and drawings and profes-
sional engineer cost estimates; and
(B) complete all environmental compliance
and permitting activities required for those con-
struction activities.
(d) CONGRESSIONAL REVIEW OF REPORT AND REC-
LAMATION PLAN.—
(1) REVIEW BY COMMITTEES.—After receipt of
the report of the Secretary under subsection (c)(6),
each of the Committees shall—
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(A) adopt a resolution approving the rec-
lamation plan included in the report; or
(B) adopt a resolution disapproving the
reclamation plan and stating the reasons for
that disapproval.
(2) RECLAMATION PLAN DEEMED APPROVED.—
If any of the Committees fails to adopt a resolution
under paragraph (1)(A) or (B) within 60 legislative
days (excluding days on which Congress is adjourned
sine die or either House is not in session because of
an adjournment of more than 3 days to a day cer-
tain) after the date of submission of the report by
the Secretary under subsection (c)(6), that Commit-
tee is deemed to have approved the reclamation plan
included in the report.
(e) CONSTRUCTION.—
(1) INITIATION.—Subject to paragraph (2) of
this subsection and the availability of appropriations,
the Secretary shall initiate construction of the
Project.
(2) COST SHARING.—The Federal share of the
costs of construction of the Project shall not exceed
50 percent of the total cost of that construction.
(3) COST
SHARING
AGREEMENT.—The Sec-
retary may not initiate construction of the Project
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unless the Secretary, the Governor of California, and
the Salton Sea Authority enter into an agreement
that—
(A) adopts the cost sharing formula for
annual operation, maintenance, energy, and re-
placement costs that is included in the reclama-
tion plan approved by the Committees under
subsection (d); and
(B) implements the cost sharing require-
ment under paragraph (2) of this subsection for
construction costs.
(4) LIMITATION ON EXPENDITURE OF FEDERAL
FUNDS.—No Federal funds may be expended for
any construction activity under the Project unless
there are available to the Secretary from non-Fed-
eral sources amounts sufficient to pay the non-Fed-
eral share of the cost of the activity.
(f) RELATIONSHIP TO OTHER LAW.—
(1) RECLAMATION LAWS.—Activities authorized
by this Act or any other law to implement the
Project shall not be subject to the Act of June 17,
1902 (32 Stat. 388; 43 U.S.C. 391 et seq.), and
Acts amendatory thereof and supplemental thereto.
Amounts expended for those activities shall be con-
sidered nonreimbursable for purposes of those laws.
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Activities carried out to implement the Project and
the results of those activities shall not be considered
to be a supplemental or additional benefit for pur-
poses of the Reclamation Reform Act of 1982 (96
Stat. 1263; 43 U.S.C. 390aa et seq.).
(2) PRESERVATION
OF
RIGHTS
AND
OBLIGA-
TIONS WITH RESPECT TO THE COLORADO RIVER.—
This Act shall not be considered to supersede or oth-
erwise affect any treaty, law, or agreement govern-
ing use of water from the Colorado River. All activi-
ties to implement the Project under this Act must
be carried out in a manner consistent with rights
and obligations of persons under those treaties, laws,
and agreements.
(3) JUDICIAL REVIEW.—Any complaint or chal-
lenge of any decision, action, or authorization taken
pursuant to this Act shall be filed in a United States
district court within 60 days after the date of the
decision, action, or the authorization. Such court
shall have jurisdiction to resolve any complaint or
challenge in accordance with chapter 7 of title 5,
United States Code, except that the court shall expe-
dite its review as necessary to ensure that remedial
actions at the Salton Sea are not unduly or inappro-
priately delayed. If a temporary restraining order or
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preliminary injunction is entered into by a court, the
court shall proceed to a final judgment in the matter
within 90 days thereafter.
(4) LIMITATION ON LIABILITY.—(A) In regard
to any actions, programs, or projects implemented
by the Secretary under the authority of this Act, the
Imperial Irrigation District and Coachella Valley
Water District shall not be liable for any damages
arising from—
(i) enlargement of the Salton Sea and the
encroachment of water onto adjacent lands;
(ii) reduction of the elevation of the Salton
Sea, including exposure of lakebed sediments to
the environment; or
(iii) any other occurrence which might re-
sult in a claim of damage by any owner of prop-
erty adjacent to the Salton Sea or any other
person.
(B) No person, including the Imperial Irriga-
tion District, California, the Coachella Valley Water
District, California, the Salton Sea Authority, the
Metropolitan Water District of Southern California,
and the San Diego County Water Authority, but not
including the Government of the United States, shall
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be liable for damages arising from any effects to the
Salton Sea or its bordering area resulting from—
(i) cooperation with the Secretary in re-
gard to any actions, programs, or projects im-
plemented pursuant to this Act;
(ii) any action to comply with an order of
the Secretary under this Act, a State or Fed-
eral court, or a State or Federal administrative
or regulatory agency interpreting this Act; or
(iii) any other action that reduces the vol-
ume of water that flows directly or indirectly
into the Salton Sea.
(C) This title shall not be construed to exempt
any person, including the Imperial Irrigation Dis-
trict, California, the Coachella Valley Water District,
California, the Salton Sea Authority, the Metropoli-
tan Water District of Southern California, and the
San Diego County Water Authority, from—
(i) any requirements established under the
California Environmental Quality Act or the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(ii) any obligations otherwise imposed by
law.