H. R. 3267
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To direct the Secretary of the Interior, acting through the Bureau of Reclamation,
to conduct a feasibility study and construct a project to reclaim the Salton Sea,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Salton Sea
Reclamation Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—SALTON SEA FEASIBILITY STUDY
Sec. 101. Salton Sea Feasibility study authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono Salton Sea
National Wildlife Refuge.
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. DEFINITIONS.
In this Act:
(1) The term ‘‘Committees’’ means the Committee on
Resources and the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on
Energy and Natural Resources and the Committee on Environ-
mental and Public Works of the Senate.
(2) 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.
(3) The term ‘‘Secretary’’ means the Secretary of the
Interior, acting through the Bureau of Reclamation.
TITLE I—SALTON SEA FEASIBILITY
STUDY
SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.
(a) IN GENERAL.—No later than January 1, 2000, the Secretary,
in accordance with this section, shall complete all feasibility studies
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and cost analyses for the options set forth in subsection (b)(2)(A)
necessary for Congress to fully evaluate such options.
(b) FEASIBILITY STUDY.—
(1) IN GENERAL.—
(A) The Secretary shall complete all studies, including,
but not limited to environmental and other reviews, of
the feasibility and benefit-cost of various options that per-
mit the continued use of the Salton Sea as a reservoir
for irrigation drainage and: (i) reduce and stabilize the
overall salinity of the Salton Sea; (ii) stabilize the surface
elevation of the Salton Sea; (iii) reclaim, in the long term,
healthy fish and wildlife resources and their habitats; and
(iv) enhance the potential for recreational uses and eco-
nomic development of the Salton Sea.
(B) Based solely on whatever information is available
at the time of submission of the report, the Secretary
shall: (i) identify any options he deems economically fea-
sible and cost effective; (ii) identify any additional informa-
tion necessary to develop construction specifications; and
(iii) submit any recommendations, along with the results
of the study to the Committees no later than January
1, 2000.
(C)(i) The Secretary shall carry out the feasibility study
in accordance with a memorandum of understanding
entered into by the Secretary, the Salton Sea Authority,
and the Governor of California.
(ii) The memorandum of understanding shall, at a
minimum, establish criteria for evaluation and selection
of options under subparagraph (2)(A), including criteria
for determining benefit and the magnitude and practicabil-
ity 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, but need not be limited to—
(i) use of impoundments to segregate a portion
of the waters of the Salton Sea in one or more evapo-
ration ponds located in the Salton Sea basin;
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton Sea;
(iv) a combination of the options referred to in
clauses (i), (ii), and (iii); and
(v) any other economically feasible remediation
option the Secretary considers appropriate and for
which feasibility analyses and cost estimates can be
completed by January 1, 2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that—
(i) relies on the importation of any new or
additional water from the Colorado River; or
(ii) is inconsistent with the provisions of sub-
section (c).
(3) ASSUMPTIONS.—In evaluating options, the Secretary
shall apply assumptions regarding water inflows into the Salton
Sea Basin that encourage water conservation, account for trans-
fers of water out of the Salton Sea Basin, and are based
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on a maximum likely reduction in inflows into the Salton
Sea Basin which could be 800,000 acre-feet or less per year.
(4) CONSIDERATION OF COSTS.—In evaluating the feasibility
of options, the Secretary shall consider the ability of Federal,
tribal, State and local government sources and private sources
to fund capital construction costs and annual operation, mainte-
nance, energy, and replacement costs and shall set forth the
basis for any cost sharing allocations as well as anticipated
repayment, if any, of Federal contributions.
(c) RELATIONSHIP TO OTHER LAW.—
(1) RECLAMATION LAWS.—Activities authorized by this Act
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 considered nonreimbursable for purposes of those laws
and shall not be considered to be a supplemental or additional
benefit for purposes of the Reclamation Reform Act of 1982
(96 Stat. 1263; 43 U.S.C. 390aa et seq.).
(2) PRESERVATION
OF
RIGHTS
AND
OBLIGATIONS
WITH
RESPECT TO THE COLORADO RIVER.—This Act shall not be consid-
ered to supersede or otherwise affect any treaty, law, decree,
contract, or agreement governing use of water from the Colo-
rado River. All activities taken under this Act must be carried
out in a manner consistent with rights and obligations of per-
sons under those treaties, laws, decrees, contracts, and agree-
ments.
SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.
(a) IN GENERAL.—The Secretary shall provide for the conduct,
concurrently with the feasibility study under section 101(b), of
studies of hydrology, wildlife pathology, and toxicology relating
to wildlife resources of the Salton Sea by Federal and non-Federal
entities.
(b) SELECTION
OF TOPICS
AND MANAGEMENT
OF STUDIES.—
(1) IN GENERAL.—The Secretary shall establish a committee
to be known as the ‘‘Salton Sea Research Management Commit-
tee’’. The committee shall select the topics of studies under
this section and manage those studies.
(2) MEMBERSHIP.—The committee shall consist of the
following five members:
(A) The Secretary.
(B) The Governor of California.
(C) The Executive Director of the Salton Sea Authority.
(D) The Chairman of the Torres Martinez Desert
Cahuilla Tribal Government.
(E) The Director of the California Water Resources
Center.
(c) COORDINATION.—The Secretary shall require that studies
under this section are coordinated through the Science Subcommit-
tee which reports to the Salton Sea Research Management Commit-
tee. In addition to the membership provided for by the Science
Subcommittee’s charter, representatives shall be invited from the
University of California, Riverside; the University of Redlands;
San Diego State University; the Imperial Valley College; and Los
Alamos National Laboratory.
(d) PEER REVIEW.—The Secretary shall require that studies
under this section are subjected to peer review.
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(e) AUTHORIZATION OF APPROPRIATIONS.—For wildlife resources
studies under this section there are authorized to be appropriated
to the Secretary, through accounts within the Fish and Wildlife
Service, exclusively, $5,000,000.
(f ) ADVISORY COMMITTEE ACT.—The committee, and its activi-
ties, are not subject to the Federal Advisory Commission Act (5
U.S.C. App.).
SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS
SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE.
(a) REFUGE
RENAMED.—The Salton Sea National Wildlife
Refuge, located in Imperial County, California, is hereby renamed
and shall be known as the ‘‘Sonny Bono Salton Sea National Wildlife
Refuge’’.
(b) REFERENCES.—Any reference in any statute, rule, regula-
tion, Executive order, publication, map, or paper or other document
of the United States to the Salton Sea National Wildlife Refuge
is deemed to refer to the Sonny Bono Salton Sea National Wildlife
Refuge.
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.
(a) RIVER ENHANCEMENT.—
(1) IN GENERAL.—The Secretary is authorized and directed
to promptly conduct research and construct river reclamation
and wetlands projects to improve water quality in the Alamo
River and New River, Imperial County, California, by treating
water in those rivers and irrigation drainage water that flows
into those rivers.
(2) ACQUISITIONS.—The Secretary may acquire equipment,
real property from willing sellers, and interests in real property
(including site access) from willing sellers as needed to imple-
ment actions under this section if the State of California, a
political subdivision of the State, or Desert Wildlife Unlimited
has entered into an agreement with the Secretary under which
the State, subdivision, or Desert Wildlife Unlimited, respec-
tively, will, effective 1 year after the date that systems for
which the acquisitions are made are operational and
functional—
(A) accept all right, title, and interest in and to the
equipment, property, or interests; and
(B) assume responsibility for operation and mainte-
nance of the equipment, property, or interests.
(3) TRANSFER OF TITLE.—Not later than 1 year after the
date a system developed under this section is operational and
functional, the Secretary shall transfer all right, title, and
interest of the United States in and to all equipment, property,
and interests acquired for the system in accordance with the
applicable agreement under paragraph (2).
(4) MONITORING AND OTHER ACTIONS.—The Secretary shall
establish a long-term monitoring program to maximize the
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effectiveness of any wetlands developed under this title and
may implement other actions to improve the efficacy of actions
implemented pursuant to this section.
(b) COOPERATION.—The Secretary shall implement subsection
(a) in cooperation with Desert Wildlife Unlimited, the Imperial
Irrigation District, California, and other interested persons.
(c) FEDERAL WATER POLLUTION CONTROL.—Water withdrawn
solely for the purpose of a wetlands project to improve water quality
under subsection (a)(1), when returned to the Alamo River or New
River, shall not be required to meet water quality standards under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(d) AUTHORIZATION OF APPROPRIATIONS.—For river reclamation
and other irrigation drainage water treatment actions under this
section, there are authorized to be appropriated to the Secretary
$3,000,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.