Union Calendar No. 348
105TH CONGRESS
2D SESSION
H. R. 3267
[Report No. 105–621, Part I]
A BILL
To direct the Secretary of the Interior, acting
through the Bureau of Reclamation, to conduct
a feasibility study and construct a project to re-
claim the Salton Sea.
JULY 14, 1998
Reported with an amendment and referred to the Com-
mittee on Transportation and Infrastructure for a pe-
riod ending not later than July 14, 1998, for consider-
ation of such provisions of the bill and amendment as
fall within the jurisdiction of that committee pursuant
to clause 1(q), rule X
JULY 14, 1998
Committee on Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole
House on the State of the Union and ordered to be
printed
IB
Union Calendar No. 348
105TH CONGRESS
2D SESSION
H. R. 3267
[Report No. 105–621, Part I]
To direct the Secretary of the Interior, acting through the Bureau of Rec-
lamation, to conduct a feasibility study and construct a project to reclaim
the Salton Sea.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 1998
Mr. HUNTER (for himself, Mr. LEWIS of California, Mr. CALVERT, and Mr.
BROWN of California) introduced the following bill; which was referred to
the Committee on Resources
JULY 14, 1998
Reported with an amendment and referred to the Committee on Transpor-
tation and Infrastructure for a period ending not later than July 14,
1998, for consideration of such provisions of the bill and amendment as
fall within the jurisdiction of that committee pursuant to clause 1(q), rule
X
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 14, 1998
Additional sponsors: Mr. GINGRICH, Mr. DREIER, Mr. RIGGS, Mr.
NETHERCUTT, Mr. BILBRAY, Mr. MCKEON, Mr. FRANK of Massachu-
setts, Mrs. TAUSCHER, Mr. CUNNINGHAM, Mr. PACKARD, Mr. ENGLISH
of 
Pennsylvania, 
Mr. 
WOLF, 
Mr. 
EWING, 
Mr. 
JENKINS, 
Mr.
FALEOMAVAEGA, Mr. KING, Mr. NEY, Mrs. BONO, Mr. MARTINEZ, Ms.
PRYCE of Ohio, Mr. BOEHNER, Mr. TAUZIN, Mr. EHRLICH, Mr. POMBO,
Mr. BURTON of Indiana, Mr. KLUG, Mr. QUINN, Mr. MCHUGH, Mr.
RADANOVICH, Mr. BUYER, Mr. SPENCE, Mr. WATTS of Oklahoma, and
Mr. SAXTON
JULY 14, 1998
Committee on Transportation and Infrastructure discharged; committed to the
Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on February 25, 1998]
A BILL
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.
Be it enacted by the Senate and House of Representa-
tives 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
‘‘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 drain 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.
(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 ‘‘Project’’ means the Salton Sea
reclamation project authorized by section 101.
(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 Reclama-
tion.
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 sub-
section (b). The purpose of the study shall be to select
1 or more practicable and cost-effective options and to
develop a reclamation plan for the Salton Sea that
implements the selected options.
(B)(i) The Secretary shall carry out the feasibil-
ity study in accordance with a memorandum of un-
derstanding 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 se-
lection of options under subparagraph (A), including
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 con-
sidered in the feasibility study—
(A) shall consist of—
(i) use of impoundments to segregate a
portion of the waters of the Salton Sea in
1 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;
(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 re-
liance 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 reduc-
tion 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.
(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 con-
struction costs and annual operation, maintenance,
energy, and replacement costs. In that consideration,
the Secretary may apply a cost sharing formula to
annual operation, maintenance, energy, and replace-
ment costs that is different than the formula that ap-
plies to construction costs under subsection (e).
(5) REPORT
AND
PLAN.—Not later than 18
months after commencement of the feasibility study
under this subsection, the Secretary shall—
(A) submit to the Committee on Resources
of the House of Representatives and the Commit-
tee on Energy and Natural Resources of the Sen-
ate a report on the findings and recommenda-
tions of the feasibility 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, including
professional engineering and design speci-
fications and drawings and professional en-
gineer cost estimates; and
(B) complete all environmental compliance
and permitting activities required for those con-
struction activities.
(d) CONGRESSIONAL
REVIEW
AND
REVISION
OF
PLAN.—
(1) REVIEW.—After receipt of the report of the
Secretary under subsection (c)(5), each of the Com-
mittees shall—
(A) approve or disapprove the reclamation
plan included in the report;
(B) amend such plan and approve it, as
amended; or
(C) return the plan to the Secretary with
such recommended changes as the committee con-
siders appropriate.
(2) REVISION.—After receipt of recommendations
under paragraph (1)(C) from a committee, the Sec-
retary shall revise and resubmit the reclamation plan
to the Committees.
(e) CONSTRUCTION.—
(1) INITIATION.—Upon approval of a reclama-
tion plan by the Committees and subject to paragraph
(2) of this subsection and the availability of appro-
(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 amend-
atory thereof and supplemental thereto. Amounts ex-
pended for those activities shall be considered non-
reimbursable for purposes of those laws. Activities
carried out to implement the Project and the results
of those activities shall not be considered to be a sup-
plemental 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 considered to supersede or otherwise affect
any treaty, law, or agreement governing use of water
from the Colorado River. All activities to implement
the Project under this Act must be carried out in a
manner consistent with rights and obligations of per-
sons 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 30 days following 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. In connection with expediting judi-
cial review, the court shall not delay ruling upon a
request for a temporary restraining order or prelimi-
nary injunction for more than 30 days after the date
of the filing of such request. If a temporary restrain-
ing order or 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 Im-
perial 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 per-
son.
(B) No person, including the Imperial Irrigation
District, California, the Coachella Valley Water Dis-
trict, California, the Salton Sea Authority, the Metro-
politan Water District of Southern California, and
the San Diego County Water Authority, but not in-
cluding the Government of the United States, shall be
liable for damages arising from any effects to the
Salton Sea or its bordering area resulting from—
(i) cooperation with the Secretary in regard
to any actions, programs, or projects imple-
mented pursuant to this Act;
(ii) any action to comply with an order of
the Secretary under this Act, a State or Federal
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.
(D) The limitation on liability of the United
States contained in section 3 of the Act entitled ‘‘An
Act For the control of floods on the Mississippi River
and its tributaries, and for other purposes’’, approved
May 15, 1928 (chapter 569; 33 U.S.C. 702c), shall
not apply to surplus flood flows that are diverted to
the Salton Sea pursuant to this Act.
(g) COMMITTEES DEFINED.—In this section, the term
‘‘Committees’’ means the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to carry out the Project the following:
(A) For the feasibility study under sub-
section (c), including preparation and any revi-
sion of the reclamation plan under subsections
(c) and (d), and completion of environmental
compliance and permitting required for con-
struction of the Project, $22,500,000.
(B) For construction of the Project in ac-
cordance with a reclamation plan approved by
the Committees, $350,000,000.
(2) ALLOCATION OF APPROPRIATIONS.—Amounts
authorized under paragraph (1)(B) may be appro-
priated to the Administrator of the Environmental
Protection Agency or the Secretary of the Interior (or
any combination thereof).
(3) APPROPRIATIONS TO THE ADMINISTRATOR OF
THE
ENVIRONMENTAL
PROTECTION
AGENCY.—
Amounts appropriated under paragraph (1)(B) to the
Administrator of the Environmental Protection Agen-
cy shall be directly available to the Secretary.
(4) APPROPRIATIONS
TO
THE
SECRETARY
OF
THE INTERIOR.—Amounts appropriated under para-
graph (1)(B) to the Secretary may be—
(A) derived from the land and water con-
servation fund;
(B) appropriated to the Bureau of Reclama-
tion; or
(C) any combination of subparagraphs (A)
and (B);
as specified in appropriations Acts.
SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.
(a) IN GENERAL.—The Secretary shall provide for the
conduct, concurrently with the feasibility study under sec-
tion 101(c), 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 Committee’’. The Committee shall select
the topics of studies under this section and manage
those studies.
(2) MEMBERSHIP.—The committee shall consist
of the following 5 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 Subcommittee which reports to the Salton Sea Re-
search Management Committee. In addition to the member-
ship provided for by the Science Subcommittee’s charter,
representatives shall be invited from the University of Cali-
fornia, Riverside; the University of Redlands; San Diego
State University; the Imperial Valley College; and Los Ala-
mos National Laboratory.
(d) PEER REVIEW.—The Secretary shall require that
studies under this section are subjected to peer review.
(e) AUTHORIZATION OF APPROPRIATIONS.—For wild-
life resources studies under this section there are authorized
to be appropriated to the Secretary from the land and water
conservation fund $5,000,000.
SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RE-
NAMED AS SONNY BONO SALTON SEA NA-
TIONAL 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,
regulation, executive order, publication, map, or paper or
other document of the United States to the Salton Sea Na-
tional Wildlife Refuge is deemed to refer to the Sonny Bono
Salton Sea National Wildlife Refuge.
SEC. 104. RELATIONSHIP TO OTHER LAWS AND AGREE-
MENTS GOVERNING THE COLORADO RIVER.
(a) PRESERVATION
OF RIGHTS
AND OBLIGATIONS
WITH RESPECT TO THE COLORADO RIVER.—Nothing in
this Act shall be construed to alter, amend, repeal, modify,
interpret, or to be in conflict with the provisions of the Colo-
rado River Compact (45 Stat. 1057), the Upper Colorado
River Basin Compact (63 Stat. 31), the Water Treaty of
1944 with Mexico (Treaty Series 944, 59 Stat. 1219 and
Minute 242 thereunder), the Colorado River Basin Salinity
Control Act of 1974 (94 Stat. 1063), the Flood Control Act
of 1944 (58 Stat. 887), the decree entered by the United
States Supreme Court in Arizona v. California, et al. (376
U.S. 340) (1964) and decrees supplemental thereto, the
Boulder Canyon Project Act (45 Stat. 1057), the Boulder
Canyon Project Adjustment Act (45 Stat. 774), the Colorado
River Storage Project Act (70 Stat. 105), the Colorado
River Basin Project Act (82 Stat. 885), including the Cri-
teria for Coordinated Long Range Operation of Colorado
River Reservoirs and the Annual Operating Plans devel-
oped thereunder, the San Luis Rey Indian Water Rights
Settlement Act (102 Stat. 4000), any contract entered into
pursuant to section 5 of the Boulder Canyon Project Act,
or any other entitlement to the use of the Colorado River
existing pursuant to or recognized by Federal law. Further-
more, nothing contained in this Act shall be construed as
indicating an intent on the part of the Congress to change
the existing relationship of Federal law to the laws of the
States or political subdivisions of a State with regard to
the diversion and use of Colorado River water, or to relieve
any person of any obligation imposed by any law of any
State, tribe, or political subdivision of a State. No provision
of this Act shall be construed to invalidate any provision
of State, tribal, or local law unless there is a direct conflict
between such provision and the law of the State, or political
subdivision of the State or tribe, so that the two cannot be
reconciled or consistently stand together.
(b) LIMITATION ON COLORADO RIVER WATER.—Noth-
ing in this Act shall be construed to enlarge an existing
entitlement or to create a new entitlement to Colorado River
water for California or any user therein.
(c) FLOOD FLOWS.—In no event shall Colorado River
water be diverted for Salton Sea restoration except as pro-
vided in this subsection. Diversion into the All-American
Canal for delivery directly to the Salton Sea of flood flows
in the Colorado River that are required by the Water Con-
trol Manual for Flood Control, Hoover Dam and Lake
Mead, Colorado River, Nevada-Arizona, adopted February
8, 1984, and which would pass to Mexico in excess of the
amount required to be delivered pursuant to the Mexican
Water Treaty and Minute 242 thereunder may be made
available to carry out the purposes of this Act. The volume
of water diverted pursuant to this subsection shall be lim-
ited to the excess capacity of the All-American Canal to
carry such flood flows after, and as, it has been used to
meet existing obligations. The diversion of water from time
to time under this subsection shall not give rise to any ongo-
ing right to the recurrent use of such waters or the All
American Canal or facilities.
TITLE II—EMERGENCY ACTION
TO IMPROVE WATER QUALITY
IN THE ALAMO RIVER AND
NEW RIVER
SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION
DRAIN WATER.
(a) RIVER ENHANCEMENT.—
(1) IN GENERAL.—The Secretary shall promptly
conduct research and implement actions, which may
include river reclamation and wetlands development,
to create systems to improve water quality in the
Alamo River and New River, Imperial County, Cali-
fornia, by treating water in those rivers and irriga-
tion drainage water that flows into those rivers.
(2) ACQUISITIONS.—The Secretary may acquire
equipment, real property, and interests in real prop-
erty (including site access) as needed to implement
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, respectively, will, effective
1 year after the date that systems for which the acqui-
sitions 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
maintenance of the equipment, property, or in-
terests.
(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 inter-
ests 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 pro-
gram to maximize the 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 the Desert Wildlife Un-
limited, the Imperial Irrigation District, California, and
other interested persons.
(c) PERMIT EXEMPTION.—
(1) CONGRESSIONAL INTENT.—Due to recent and
ongoing wildlife die-offs and the impending collapse
of the Salton Sea ecosystem, it is the intent of Con-
gress to provide an expedited process to begin to ar-
rest the ecological disaster that is overcoming the
Salton Sea.
(2) EXEMPTION.—No permit shall be required
under section 402 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342) for actions taken under sub-
section (a)(1).
(3) LIMITATION.—This subsection shall not be
construed to affect the application of section 402 of
the Federal Water Pollution Control Act to any ac-