IIB
106TH CONGRESS
2D SESSION
H. R. 1113
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 19, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To assist in the development and implementation of projects
to provide for the control of drainage, storm, flood and
other waters as part of water-related integrated resource
management, environmental infrastructure, and resource
protection and development projects in the Colusa Basin
Watershed, California.
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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 ‘‘Colusa Basin Water-
shed Integrated Resources Management Act’’.
SEC. 2. AUTHORIZATION OF ASSISTANCE.
The Secretary of the Interior (in this Act referred
to as the ‘‘Secretary’’), acting within existing budgetary
authority, may provide financial assistance to the Colusa
Basin Drainage District, California (in this Act referred
to as the ‘‘District’’), for use by the District or by local
agencies acting pursuant to section 413 of the State of
California statute known as the Colusa Basin Drainage
Act (California Stats. 1987, ch. 1399) as in effect on the
date of the enactment of this Act (in this Act referred
to as the ‘‘State statute’’), for planning, design, environ-
mental compliance, and construction required in carrying
out eligible projects in the Colusa Basin Watershed to—
(1)(A) reduce the risk of damage to urban and
agricultural areas from flooding or the discharge of
drainage water or tailwater;
(B) assist in groundwater recharge efforts to al-
leviate overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and
riparian habitat; and
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(2) capture, as an incidental purpose of any of
the purposes referred to in paragraph (1), surface or
stormwater for conservation, conjunctive use, and in-
creased water supplies.
SEC. 3. PROJECT SELECTION.
(a) ELIGIBLE PROJECTS.—A project shall be an eligi-
ble project for purposes of section 2 only if it is—
(1) consistent with the plan for flood protection
and integrated resources management described in
the document entitled ‘‘Draft Programmatic Envi-
ronmental Impact Statement/Environmental Impact
Report and Draft Program Financing Plan, Inte-
grated Resources Management Program for Flood
Control in the Colusa Basin’’, dated May 2000; and
(2) carried out in accordance with that docu-
ment and all environmental documentation require-
ments that apply to the project under the laws of
the United States and the State of California.
(b) COMPATIBILITY REQUIREMENT.—The Secretary
shall ensure that projects for which assistance is provided
under this Act are not inconsistent with watershed protec-
tion and environmental restoration efforts being carried
out under the authority of the Central Valley Project Im-
provement Act (Public Law 102–575; 106 Stat. 4706 et
seq.) or the CALFED Bay-Delta Program.
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SEC. 4. COST SHARING.
(a) NON-FEDERAL SHARE.—The Secretary shall re-
quire that the District and cooperating non-Federal agen-
cies or organizations pay—
(1) 25 percent of the costs associated with con-
struction of any project carried out with assistance
provided under this Act;
(2) 100 percent of any operation, maintenance,
and replacement and rehabilitation costs with re-
spect to such a project; and
(3) 35 percent of the costs associated with plan-
ning, design, and environmental compliance activi-
ties.
(b) PLANNING, DESIGN, AND COMPLIANCE ASSIST-
ANCE.—Funds appropriated pursuant to this Act may be
made available to fund 65 percent of costs incurred for
planning, design, and environmental compliance activities
by the District or by local agencies acting pursuant to the
State statute, in accordance with agreements with the Sec-
retary.
(c) TREATMENT OF CONTRIBUTIONS.—For purposes
of this section, the Secretary shall treat the value of lands,
interests in lands (including rights-of-way and other ease-
ments), and necessary relocations contributed by the Dis-
trict to a project as a payment by the District of the costs
of the project.
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SEC. 5. COSTS NONREIMBURSABLE.
Amounts expended pursuant to this Act shall be con-
sidered nonreimbursable for purposes of the Act of June
17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts
amendatory thereof and supplemental thereto.
SEC. 6. AGREEMENTS.
Funds appropriated pursuant to this Act may be
made available to the District or a local agency only if
the District or local agency, as applicable, has entered into
a binding agreement with the Secretary—
(1) under which the District or the local agency
is required to pay the non-Federal share of the costs
of construction required by section 4(a); and
(2) governing the funding of planning, design,
and compliance activities costs under section 4(b).
SEC. 7. REIMBURSEMENT.
For project work (including work associated with
studies, planning, design, and construction) carried out by
the District or by a local agency acting pursuant to the
State statute in section 2 before the date amounts are pro-
vided for the project under this Act, the Secretary shall,
subject to amounts being made available in advance in ap-
propriations Acts, reimburse the District or the local agen-
cy, without interest, an amount equal to the estimated
Federal share of the cost of such work under section 4.
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SEC. 8. COOPERATIVE AGREEMENTS.
(a) IN GENERAL.—The Secretary may enter into co-
operative agreements and contracts with the District to
assist the Secretary in carrying out the purposes of this
Act.
(b) SUBCONTRACTING.—Under such cooperative
agreements and contracts, the Secretary may authorize
the District to manage and let contracts and receive reim-
bursements, subject to amounts being made available in
advance in appropriations Acts, for work carried out under
such contracts or subcontracts.
SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF
1982.
Activities carried out, and financial assistance pro-
vided, under this Act shall not be considered a supple-
mental or additional benefit for purposes of the Reclama-
tion Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa
et seq.).
SEC. 10. APPROPRIATIONS AUTHORIZED.
Within existing budgetary authority and subject to
the availability of appropriations, the Secretary is author-
ized to expend up to $25,000,000, plus such additional
amount, if any, as may be required by reason of changes
in costs of services of the types involved in the District’s
projects as shown by engineering and other relevant in-