Salton Sea Reclamation Act of 1998
PL 105-372 (H.R.3267), enacted 11/12/1998

PUBLIC LAW 105-372—NOV. 12, 1998 
112 STAT. 3377 
Public Law 105-372 
105th Congress 
An Act 
To direct the Secretary of the Interior, acting through the Bureau of Reclamation, 
to conduct a feasibiUty study and construct a project to reclaim the Salton Sea, 
and for other purposes. 
Nov. 12, 1998 
[H.R. 3267] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Salton Sea 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
^/lfeT*^°" ^^^ 
(a) SHORT TITLE.—This Act may be cited as the "Salton Sea 
California. 
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 
Deadline. 
112 STAT. 3378 
PUBLIC LAW 105-372—NOV. 12, 1998 
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. 
Deadline. 
(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 trams-
fers of water out of the Salton Sea Basin, and are based 
PUBLIC LAW 105-372—NOV. 12, 1998 
112 STAT. 3379 
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 
Establishment. 
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 
ui.der 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. 
112 STAT. 3380 
PUBLIC LAW 105-372—NOV. 12, 1998 
(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.). 
16USC668dd 
SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS 
note [table]. 
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 
Deadline. 
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 func-
tional— 
(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 
PUBLIC LAW 105-372—NOV. 12, 1998 
112 STAT. 3381 
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. 
Approved November 12, 1998. 
LEGISLATIVE HISTORY—H.R. 3267: 
HOUSE REPORTS: No. 105-621, Pt. 1 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 15, considered and passed House. 
Oct. 13, considered and passed Senate, amended. 
Oct. 21, House concurred in Senate amendments.