107TH CONGRESS
2D SESSION
H. R. 5460
AN ACT
To reauthorize and amend the Federal Water
Project Recreation Act, and for other purposes.
107TH CONGRESS
2D SESSION
H. R. 5460
AN ACT
To reauthorize and amend the Federal Water Project
Recreation Act, 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 ‘‘Reclamation Recre-
ation Management Act of 2002’’.
SEC. 2. AMENDMENTS TO THE FEDERAL WATER PROJECT
RECREATION ACT.
(a) CONGRESSIONAL POLICY.—The first section of
the Federal Water Project Recreation Act (16 U.S.C.
460l–12) is amended by striking ‘‘public bodies’’ and in-
serting ‘‘entities’’.
(b) ALLOCATION OF COSTS.—Section 2 of the Fed-
eral Water Project Recreation Act (16 U.S.C. 460l–13)
is amended—
(1) in subsection (a) by striking ‘‘, before au-
thorization of a project,’’;
(2) in subsection (a), by striking ‘‘public bod-
ies’’ and inserting ‘‘entities’’ and by striking
‘‘Projects authorized during the calendar year’’ and
all that follows to the end of the subsection;
(3) in subsection (b) by striking ‘‘non-Federal
interests’’ each place it appears and inserting ‘‘non-
Federal entities’’;
(4) in subsection (b)(2)—
(A) by striking ‘‘: Provided, That the
source of repayment may be limited to’’ and in-
serting ‘‘. The source of repayment may in-
clude’’; and
(B) by inserting ‘‘and retained’’ after ‘‘col-
lected’’; and
(5) in subsection (b)(2) by adding at the end
the following: ‘‘Fees and charges may be collected,
retained and used by the non-Federal entities for op-
eration, maintenance, and replacement of recreation
facilities on project lands and waters being managed
by the non-Federal entities. As established by the
Secretary, any excess revenues will be credited to the
Reclamation Fund to remain available, without fur-
ther Act of appropriation, to support recreation de-
velopment and management of Bureau of Reclama-
tion land and water areas.’’.
(c) RECREATION
AND FISH
AND WILDLIFE EN-
HANCEMENT.—Section 3 of the Federal Water Project
Recreation Act (16 U.S.C. 460l–14) is amended—
(1) by striking subsection (a), redesignating
subsection (b) as subsection (a), and inserting after
subsection (a) (as so redesignated) the following:
‘‘(b) In the absence of a non-Federal managing part-
ner, the Secretary of the Interior, acting through the Com-
missioner of Reclamation, is authorized, as a part of any
water resource development project under the Secretary’s
control heretofore or hereafter authorized or reauthorized,
to investigate, plan, construct, replace, manage, operate
(1) REPEAL.—Section 4 of the Federal Water
Project Recreation Act (16 U.S.C. 460l–15) is re-
pealed, and sections 5 through 12 of such Act are
redesignated as sections 4 through 11, respectively.
(2) CONFORMING
AMENDMENT.—Section 6(e)
of the Federal Water Project Recreation Act (16
U.S.C. 460l–17(e)) is amended by striking ‘‘4, and
5’’ and inserting ‘‘, and 4’’.
(e) POST AUTHORIZATION DEVELOPMENT.—Section
5 of the Federal Water Project Recreation Act (16 U.S.C.
460l–16) is amended by striking ‘‘public bodies’’ and in-
serting ‘‘entities’’.
(f) PROVISION
OF FACILITIES.—Section 7 of the
Federal Water Project Recreation Act (16 U.S.C. 460l–
18) is amended—
(1) in subsection (e) by striking ‘‘and 5’’ and
inserting ‘‘and between 3 and 4’’;
(2) in subsection (g) by striking ‘‘3(b)’’ and in-
serting ‘‘3(a)’’; and
(3) in subsection (h) by striking ‘‘public bodies’’
and inserting ‘‘entities’’; and by striking ‘‘3(b)’’ and
inserting ‘‘3(a)’’.
(g) MISCELLANEOUS REPORTS.—Section 6 of the
Federal Water Project Recreation Act (16 U.S.C. 460l–
17) is amended by adding at the end the following:
‘‘(i) Amounts collected under section 2805 of Public
Law 102–575 for admission to or recreation use of project
land and waters shall be deposited in a special account
in the Reclamation Fund and remain available to the
Commissioner of Reclamation without further appropria-
tion until expended. Such funds may be used for the devel-
opment, reconstruction, replacement, management, and
operation of recreation resources on project lands and wa-
ters with not less than 60 percent being used at the site
from which the fees were collected.’’.
(h) MANAGEMENT
FOR RECREATION, FISH
AND
WILDLIFE, AND OTHER RESOURCES.—Section 7 of the
Federal Water Project Recreation Act (16 U.S.C. 460l–
18) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is authorized, in conjunc-
tion with any water resource development project here-
tofore or hereafter constructed or which is otherwise under
the Secretary’s control, to—
‘‘(1) investigate, plan, design, construct, re-
place, manage, operate, and maintain or otherwise
provide for recreation and fish and wildlife enhance-
ment facilities and services, the costs of which may
be nonreimbursable;
‘‘(2) provide for public use and enjoyment of
project lands, facilities, and water areas in a manner
coordinated with the other project purposes, includ-
ing by entering into grants, cooperative agreements,
and similar instruments with non-Federal entities,
without cost sharing, for recreation projects and ac-
tivities; and
‘‘(3) to acquire or otherwise make available
such adjacent lands or interests therein as are nec-
essary for public recreation or fish and wildlife
use.’’;
(2) in subsection (b)—
(A) by inserting ‘‘, acting through the
Commissioner of Reclamation,’’ after ‘‘the Sec-
retary of the Interior’’;
(B) by inserting ‘‘and management’’ after
‘‘administration’’;
(C) by striking ‘‘lease’’; and
(D) by adding at the end the following:
‘‘All such agreements or contracts for adminis-
tration or management shall identify the terms
and conditions of administration, management,
and use, approvals required from Bureau of
Reclamation, and assure public access to
project lands managed for recreation.’’;
(3) by adding at the end the following:
‘‘(d) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is also authorized to enter
into agreements with other non-Federal entities for recre-
ation and concession management at Bureau of Reclama-
tion projects. All such agreements or contracts for man-
agement shall identify the terms and conditions of man-
agement and use, approvals required from the Bureau of
Reclamation, and assure public access to project lands
managed for recreation.’’; and
‘‘(e) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is authorized to approve
the administration, management, and use of Bureau of
Reclamation lands, waters, and the resources thereon by
means of easements, leases, licenses, contracts, permits,
and other forms of conveyance instruments.
‘‘(f) The Secretary of the Interior, acting through the
Commissioner of Reclamation, is authorized to produce,
sell, or otherwise make available to the public: information
about Bureau of Reclamation programs including publica-
tions, photographs, computer discs, maps, brochures, post-
ers, videos, and other memorabilia related to the Bureau
of Reclamation, and the natural, historic, and cultural re-
sources of the area; and, other appropriate and suitable
merchandise to enhance the public’s use of the area. In-
come from such sales shall be credited to the Reclamation
Fund to remain available, without further Act of appro-
priation, to pay costs associated with the production and
sale of items, and any remaining revenue shall be avail-
able, without further Act of appropriation, to support
recreation development and management of Bureau of
Reclamation land and water areas.’’.
(i) DEFINITIONS.—Section 10 of the Federal Water
Project Recreation Act (16 U.S.C. 460l–21) is amended
by adding at the end the following:
‘‘(f) The term ‘non-Federal entity’ means non-Fed-
eral public bodies, nonprofit organizations, Indian tribes,
or entities within the private sector.’’.
(j) AUTHORIZATION OF APPROPRIATIONS.—The Fed-
eral Water Project Recreation Act (16 U.S.C. 460l–12 et
seq.) is amended by redesignating section 11 (as redesig-
nated by subsection (d) of this section) as section 12, and
by inserting after section 10 the following:
‘‘SEC. 11. AVAILABILITY OF APPROPRIATIONS.
‘‘Funds appropriated under this section may remain
available until expended.’’.
(k) LIMITATION ON APPLICATION.—This section and
the amendments made by this section shall apply only to
water resource development projects under the control of
the Secretary of the Interior.
SEC. 3. RECREATIONAL FACILITIES AT LOST CREEK RES-
ERVOIR.
(a) CONSTRUCTION
OF FACILITIES.—As soon as
practicable after funds are made available for this section,
the Secretary of the Interior shall construct recreational
facilities at Lost Creek Reservoir in Utah.
(b) MAINTENANCE
AND OPERATION
OF FACILI-
TIES.—Construction of recreational facilities under sub-
section (a) shall begin only after the Secretary has entered
into a cooperative agreement with the State of Utah that
provides for the operation and maintenance of the rec-
reational facilities.
(c) COST SHARING.—The Federal share of the cost
of construction carried out under this section shall be 50
percent.
SEC. 4. TECHNICAL CORRECTION.
Section 1(g) of Public Law 107–69 (115 Stat. 595)
is amended by striking ‘‘section 2(c)(1)’’ and inserting
‘‘subsection (c)(1)’’.
SEC. 5. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER
RECLAMATION AND REUSE PROJECT.
(a) AUTHORIZATION OF PROJECT.—The Reclamation
Wastewater and Groundwater Study and Facilities Act
(Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.)
is amended by adding at the end the following:
‘‘SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND
REUSE PROJECT.
‘‘(a) AUTHORIZATION.—The Secretary, in coopera-
tion with the City of Austin Water and Wastewater Util-
ity, Texas, is authorized to participate in the planning (in-
cluding an appraisal and feasibility study), design, and
construction of, and land acquisition for, a project to re-
claim and reuse wastewater, including degraded ground-
waters, within and outside of the service area of the City
of Austin Water and Wastewater Utility, Texas.
‘‘(b) COST SHARE.—The Federal share of the cost
of the project authorized by this section shall not exceed
25 percent of the total cost of the project.
‘‘(c) LIMITATION.—The Secretary shall not provide
funds for the operation and maintenance of the project
authorized by this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 2 of Public Law 102–575 (106 Stat. 4600) is
amended by adding at the end of the items relating to
chapter XVI the following:
‘‘Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.’’.
SEC. 6. WILLARD BAY RESERVOIR ENLARGEMENT STUDY.
(a) AUTHORIZATION OF FEASIBILITY STUDY.—Pur-
suant to the reclamation laws, the Secretary of the Inte-
rior, through the Bureau of Reclamation, may conduct a
feasibility study on raising the height of Arthur V. Wat-
kins Dam and thereby enlarging the Willard Bay Res-
ervoir for the development of additional storage to meet
water supply needs within the Weber Basin Project area.
The feasibility study shall include such environmental
evaluation as required under the National Environmental
Policy Act of 1969 and a cost allocation as required under
the Reclamation Projects Act of 1939.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit a re-
port on the results of the study to the Congress for review
and approval.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $2,000,000.
SEC. 7. REAUTHORIZATION OF WATER DESALINATION ACT
OF 1996.
(a) AUTHORIZATION OF COOPERATIVE AND INTER-
AGENCY AGREEMENTS.—Section 3(a) of the Water De-
salination Act of 1996 (42 U.S.C. 10301 note) is amended
in the first sentence by inserting ‘‘and cooperative and
interagency agreements’’ after ‘‘contracts’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
8 of such Act is amended—
(1) in subsection (a) by striking ‘‘1997 through
2002’’ and inserting ‘‘2003 through 2008’’; and
(2) in subsection (b) by striking ‘‘$25,000,000
for fiscal years 1997 through 2002’’ and inserting
‘‘$25,000,000 for fiscal years 2003 through 2008’’.
Passed the House of Representatives October 1,
2002.
Attest:
Clerk.