Clerk session vote number: 187
Description: RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1991
Bill summary: Reclamation Projects Authorization and Adjustment Act of 1992 -
Title I: Buffalo Bill Dam and Reservoir, Wyoming
- Revises existing law to require as a principal modification to the Buffalo Bill Dam and Reservoir, Wyoming, the construction of power generating facilities with a total installed capacity of 25.5 megawatts.
Authorizes the construction of recreational facilities in excess of the amount required to replace or relocate existing facilities. Provides that the costs of such construction
shall be borne equally by the United States and Wyoming.
Repeals a prior authorization of appropriations and authorizes to be appropriated for the Federal share of the construction of the Buffalo Bill Dam and Reservoir modifications and recreational facilities the sum of $80,000,000 (October 1988 price levels). Repeals a requirement that such sums authorized to be appropriated for construction, operation, maintenance, and replacement be reduced by the amounts of certain contributions.
Authorizes appropriations for increased costs of construction attributable to delays in authorizations for the Dam and Reservoir.
Title II: Central Utah Project Construction
- Designates titles II through VI as the Central Utah Project Completion Act.
Authorizes additional appropriations for the Colorado River water storage project (CRSP), to be available solely for design, engineering, and construction of the facilities identified in this title, the planning and implementation of certain fish and wildlife and recreation mitigation and conservation projects and studies, and the Ute Indian Rights Settlement authorized under this Act. Requires the Secretary of the Interior (the Secretary) to implement specified recommendations prepared by the Inspector General of the Department of the Interior with respect to the financial management of the CRSP.
Earmarks specified amounts of such additional funds for various reclamation projects and features within Utah. Permits counties in which such projects and features were proposed to be located to participate in certain local development projects.
Provides for the termination of the authorization of appropriations for construction of any CRSP participating project located in Utah five years after the enactment of this Act unless the Secretary: (1) executes a cost-sharing agreement with non-Federal entities for construction of such project; and (2) has requested, or the Congress has appropriated, construction funds for such project.
Directs the Secretary to: (1) make appropriated funds available in their entirety to non-Federal interests as provided for pursuant to the provisions of this Act; and (2) report to the Congress on the status of CRSP participating projects for which construction has not begun as of October 15, 1990.
Makes specified amounts available, subject to certain restrictions, for features of the Bonneville Unit of the Central Utah Project (CUP), including: (1) an irrigation and drainage system; (2) a feasibility study and development of systems to allow groundwater recharge, management, and the conjunctive use of surface and groundwater resources; (3) a feasibility study of efficiency improvements in the management, delivery, and treatment of water in Wasatch County; (4) a feasibility study to reduce the salinity of Utah Lake; (5) a hydrologic model analysis study of the Provo River Basin and a feasibility study of direct delivery of Colorado River Basin water from the Strawberry Reservoir or elsewhere in the Strawberry Collection System to the Provo River Basin, and evaluating the potential for changes in existing importation patterns and quantities of water from the Weber and Duchesne River Basins; and (6) completing construction of the Diamond Fork System.
Directs the Secretary, in exchange for and as a precondition to approval of the Strawberry Water Users Association's petition for Bonneville Unit water, to impose conditions on such approval so as to ensure that the Association manages and develops specified lands in a manner compatible with the management and improvement of adjacent Federal lands for wildlife purposes, natural values, and recreation.
Prohibits the Secretary of Agriculture and the Secretary from permitting commercial or other development of specified Federal lands.
Authorizes the Secretary to use specified Federal funds for engineering, design, and construction of Hatchtown dam in Garfield County and for associated facilities to deliver supplemental project water from the dam.
Makes specified amounts available to increase efficiency, enhance beneficial uses, and achieve greater water conservation within the Uinta Basin, including funds for: (1) the construction of the Pigeon Water Reservoir, together with an enclosed pipeline conveyance system to divert water from Lake Fork River to Pigeon Water Reservoir and Sandwash Reservoir; (2) the construction of the McGuire Draw and Clay Basin Reservoirs; (3) the rehabilitation of Farnsworth Canal; and (4) the construction of permanent diversion facilities identified by the Utah Reclamation Mitigation and Conservation Commission on the Duchesne and Strawberry Rivers, the designs of which shall be approved by the Federal and State fish and wildlife agencies.
Sets forth various requirements and restrictions on, and provisions setting conditions for the termination of authorizations for, the Bonneville Unit water development and the Uinta Basin replacement project.
Authorizes the Secretary to: (1) contract with the Uintah Water Conservancy District for the retention by the United States of responsibility for part of the municipal and industrial water obligation with a corresponding part of the water supply to be controlled and marketed by the United States in conformance with State law; and (2) establish a conservation pool of 4,000 acre feet in Red Fleet Reservoir to enhance associated fishery and recreational opportunities and for other purposes recommended by the Commission, and enter into an agreement with the Utah Division of Parks and Recreation for the management and operation of Red Fleet recreational facilities.
Requires that the non-Federal share of the costs for the design, engineering, and construction of the Bonneville Unit water development and the Uinta Basin replacement project be 35 percent and 50 percent for the specified feasibility studies.
Specifies that the District may commence such studies prior to entering into binding agreements and upon execution of such agreements the Secretary shall reimburse the District an amount equal to the Federal share of the funds expended by the District.
Prohibits the obligation or expenditure of federally appropriated funds for such development and project, with exceptions, until: (1) the Central Utah Water Conservancy District (the District) completes a Definite Plan Report for the Bonneville Unit and a feasibility study for the Uinta project; (2) the requirements of the National Environmental Policy Act of 1969 have been satisfied; and (3) a plan has been developed and approved by the U.S. Fish and Wildlife Service to prevent any harmful contamination of waters due to concentrations of selenium or other such toxicants, if the Service determines that development of the particular system may result in contamination.
Bars the provision of Federal funds under this Act to any non-Federal interest until any such interest enters into a binding agreement with the appropriate Federal authority to be considered a "Federal agency" for purposes of compliance with all Federal fish, wildlife, recreation, and environmental laws with respect to the use of such funds, and to comply with this Act.
Requires the District, at the option of specified eligible counties, to rebate to such counties all ad valorem tax contributions paid by such counties to the District, with interest but less the value of any benefits received by such counties and less the administrative expenses incurred by the District to that date.
Directs the Secretary, upon request of eligible counties that elect not to participate in the project, to provide as grants to such counties sums for potable water distribution and treatment, wastewater collection and treatment, agricultural water management, and other public infrastructure improvements approved by the Secretary. Bars the use of available funds for the draining of wetlands, the dredging of natural water courses, and planning or constructing water impoundments of greater than 5,000 acre feet, with exceptions.
Requires the District to: (1) prepare and maintain a comprehensive water management improvement plan, including specified water conservation goals and providing for a water management improvement inventory; (2) establish a continuous process for the identification, evaluation, and implementation of water conservation measures, and submit a report thereon to the Secretary; (3) prepare and transmit to the Secretary a study of wholesale and retail pricing to encourage water conservation, and a study of the coordinated operation of independent municipal, industrial, and irrigation water systems; and (4) evaluate cost-effective, flexible operating procedures that will serve specified purposes, including improving the availability and reliability of the water supply, coordinating the timing of reservoir releases, assisting in managing drought emergencies, and encouraging the maintenance of existing wells and other facilities which may be placed on standby status when water deliveries from the project become available. Authorizes appropriations.
Authorizes the Governor of Utah (or, if the Governor fails to do so, directs the Secretary) to establish the Utah Water Conservation Advisory Baord. Directs the Board to recommend water conservation standards and regulations for promulgation by State or local authorities in the service area of each petitioner of project water. Requires the District to pay a surcharge for each year of substantial noncompliance according to a specified formula.
Sets forth provisions with respect to: (1) judicial review; (2) citizen suits; (3) jurisdiction and venue; and (4) costs awarded by the Court.
Requires that hydropower generation facilities associated with the CUP operate in accordance with a specified statute. Prohibits the diversion of Colorado River Basin waters exclusively for power generation purposes.
Requires the District to utilize its best efforts to achieving operating agreements with the Jordanelle Reservoir, Deer Creek Reservoir, Utah Lake, and Strawberry Reservoir.
Authorizes the prepayment of certain expenses in connection with the Jordan Aqueduct System.
Requires the Comptroller General to audit project cost allocations among the various project purposes and submit a report to the Secretary and to the Congress. Grants the Secretary authority to reallocate project costs and to defer repayment of such costs under certain circumstances.
Directs the Secretary to impose a surcharge for the use of CUP water used in the production of any commodity crop for which an acreage reduction program is in effect under provisions of the Agricultural Act of 1949 if the stocks of such commodity held in storage by the Commodity Credit Corporation exceed an amount that the Secretary of Agriculture determines is necessary to provide for a reserve of such commodity that can reasonably be expected to meet a shortage caused by drought, natural disaster, or other disruption in the supply of such commodity until the construction costs of certain facilities authorized by this Act are repaid.
Title III: Fish, Wildlife, and Recreation Mitigation and Conservation
- Establishes the Utah Reclamation Mitigation and Conservation Commission to coordinate the implementation of the mitigation and conservation provisions of this Act among the Federal and State fish, wildlife, and recreation agencies. Requires the Commission to complete certain plans and submit specified reports. Provides funding for the Commission.
Directs the District to acquire, with funds provided by the Commission, specified water rights in the Utah Lake drainage basin. Earmarks specified funds for such acquisition. Specifies that water purchases which would have the effect of compromising groundwater resources or dewatering agricultural lands in the Upper Provo River areas should be avoided. Provides all water rights after such acquisition to the Utah Division of Wildlife Resources for maintaining certain instream flows for fish, wildlife, and recreation purposes in the Provo River. Authorizes appropriations.
Directs the District, annually, to provide amounts of water sufficient to sustain minimum stream flows established pursuant to a prior Stream Flow Agreement.
Directs the District to acquire with Commission funds all of the Strawberry Basin water rights being diverted to the Heber Valley through the Daniel's Creek drainage and to apply such rights to increase the minimum stream flows of streams and rivers in the Strawberry River and Reservoir area. Earmarks funds for such acquisition. Bars the District from leasing water from the Daniels Creek Irrigation Company before the beginning of FY 1993. Directs the District to construct a Daniels Creek replacement pipeline from the Jordanelle Reservoir to the existing Daniels Creek Irrigation Company water storage facility. Authorizes the exchange of Daniels Creek replacement water by the District with Strawberry Basin water to provide a permanent supply of water for minimum flows, subject to specified restrictions.
Requires the yield and operating plans for the Bonneville Unit of the CUP to be established or adjusted to provide for specified minimum stream flows for streams and rivers in the Diamond Fork and Provo Rivers. Requires such minimum flows to be provided continuously and in perpetuity from the date first feasible as determined by the Commission.
Directs the District to prepare a study and develop a mitigation plan of the effects of peak season flows in the Provo River. Earmarks specified funds for such study and plan.
Provides that, upon completion of the Diamond Fork water delivery system, the Strawberry Tunnel shall no longer be used, except for delivery of water for specified instream purposes. Provides an exception where the District has determined that the Syar Tunnel or the Sixth Water Aqueduct is rendered unusable or emergency circumstances require the use of the Strawberry Tunnel for the delivery of contracted CUP water and Strawberry Valley Reclamation Project water.
Requires the fish, wildlife, and recreation projects identified or proposed in the Definite Plan Report (a May 1988 report for the Bonneville Unit of the CUP) which have not been completed as of the enactment of this Act to be completed in accordance with such Report and a fish, wildlife, and recreation mitigation schedule appearing later under this Act, with exceptions.
Directs the Commission to acquire on an expedited basis big game winter range lands to compensate for the impacts of Federal reclamation projects in Utah. Requires such acquired lands to be transferred to the Utah Division of Wildlife Resources or, for such parcels as may be within the boundaries of Federal land ownerships, to the appropriate Federal agency, for management as a big game winter range. Requires the Commission to construct big game crossings and wildlife escape ramps for the protection of big game animals along the Provo Reservoir Canal, Highline Canal, Strawberry Power Canal, and others. Earmarks funds for such construction.
Earmarks funds for the planning and implementation of projects to preserve, rehabilitate, and enhance wetlands areas around the Great Salt Lake in accordance with a plan to be developed by the Commission. Requires the Commission to inventory, prioritize, and map the occurrences in Utah of sensitive nongame wildlife species and their habitat and sensitive plant species and ecosystems. Authorizes appropriations.
Directs the Commission to acquire private land, water rights, conservation easements, or other interests necessary for the establishment of the Utah Lake Wetlands Preserve.
Directs the Secretary to enter into an agreement under which the Wetlands Preserve shall be managed by the Utah Division of Wildlife Resources pursuant to a plan developed in accordance with this Act and the substantive requirements of the National Wildlife Refuge System Administration Act of 1966.
Requires that the Wetlands Preserve be managed for the protection of migratory birds, wildlife habitat, and wetland values in a manner compatible with the surrounding farmlands, orchards, and agricultural production area, with limited grazing.
Makes funds available for the acquisition of such land, water rights, and other interests for the establishment of the Wetlands Preserve. Bars the acquisition of lands, easements, or water rights without the consent of the owner of such lands or water rights. Specifies that base property of lessee or permittee under a Federal grazing permit or lease held on the date of enactment of this Act shall include land of such lessee or permittee acquired by the Commission under this Act.
Prohibits the United States from issuing Federal permits allowing commercial, industrial, or residential development on the southern portion of Provo Bay in Utah Lake, with exceptions.
Earmarks specified funds for fisheries acquisition, rehabilitation, and improvements within Utah.
Requires the project plan for the stabilization of high mountain lakes in the Upper Provo River drainage to be revised to provide for the stabilization of specified lakes in such area at levels beneficial for fish habitat and recreation. Earmarks specified funds for stabilization and of fish and wildlife habitat restoration in such lakes.
Earmarks specified funds for stream access and riparian habitat development in Utah at specified areas. Earmarks funds to the Commission to conduct a study of the impacts to soils and riparian fish and wildlife habitats in drainages that will experience substantially reduced water flows resulting from operation of the Strawberry Collection System.
Earmarks specified funds for: (1) Jordan River riparian habitat rehabilitation; (2) acquisition of the wetland acreages along the Jordan River; (3) recreational facilities within Salt Lake County for the Provo/Jordan River Parkway; and (4) riparian habitat acquisition and preservation, stream habitat improvements, and recreation and angler access along the Provo River in specified areas.
Earmarks specified funds for: (1) specified CUP recreation features; (2) watershed and fish and wildlife improvements in the Fremont River drainage; (3) small dams and watershed improvements in specified areas within Utah and the CUP; and (4) the planning and implementation of improvements to existing hatchery facilities or the construction and development of new hatcheries for areas affected by the CRSP. Provides certain restrictions in connection with the appropriation of funds for the CRSP.
Outlines the fish, wildlife, and recreation mitigation and conservation schedule. Earmarks a specified percentage of funds allocated for scheduled projects for use by the Secretary to: (1) restore damaged natural ecosystems affected by the Federal reclamation program in a manner that provides for jobs and sustainable economic development; (2) expand recreational activities; and (3) support research and training in ecosystem restoration.
Title IV: Utah Reclamation Mitigation and Conservation Account
- Establishes in the Treasury the Utah Reclamation Mitigation and Conservation Account. Provides for deposits into such Account by Federal, State, and project beneficiary contributors. Authorizes the Commission, subject to appropriation by the Congress made in advance of such expenditure, to administer and expend all sums deposited into the Account. Requires the Utah Division of Wildlife Resources, or its successors, to receive all amounts contributed annually to the Account and all interest on the principal of the Account at the beginning of each year. Requires funds received by the Utah Division of Wildlife Resources to be expended in accordance with a conservation plan, and amendments thereto, to be developed by the Utah Division of Wildlife Resources. Specifies that the financial management of the Account shall be subject to audit by the Inspector General of the Department of the Interior.
Title V: Ute Indian Rights Settlement
- Provides that, commencing one year after the enactment of this Act, and continuing for 50 years, the Ute Indian Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to 35,500 acre-feet of water representing a portion of the Tribe's water rights which will not be supplied from the CUP because the Upalco and Uintah units are not to be constructed. Directs the Tribe, commencing in the year 2042, to receive seven percent of the fair market value of the Bonneville Unit agricultural water which has been converted to municipal and industrial water, to be utilized by the Tribe for governmental purposes, not distributed per capita, and to be used to enhance educational, social, and economic opportunities for the Tribe. Authorizes the Secretary to make any unused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities available for use by the Tribe. Allows the Tribe at any time to elect to return all or a portion of the water which is delivered for use in the Uinta Basin.
Ratifies and approves the revised compact reserving waters to the Ute Indian Tribe and establishing the uses and management of such tribal waters, subject to reratification by the State of Utah and the Tribe. Authorizes the Secretary to take all actions necessary to implement such compact.
Restricts the disposal of waters secured to the Tribe in such compact into or in the Lower Colorado River Basin. Specifies that the use of water rights concerning such waters shall be governed solely as provided in this Act and in such compact.
Earmarks specified amounts of the funds authorized under title I: (1) to permit the Ute Tribe to develop a farming/feed lot operation equipped with satisfactory water facilities, as well as a plan and a fund in connection with other farming projects of the Tribe; (2) to permit the Secretary to repair a leak in the Cedarview Reservoir in Dark Canyon, Utah; (3) to undertake stream improvements for certain rivers and creeks within Utah, under a specified condition; (4) to permit the Secretary to clean the Bottle Hollow Reservoir on the Ute Indian Reservation of trash and debris resulting from a submerged sanitary landfill, to remove all nongame fish, and to secure minimum flow of water to the reservoir to make it a suitable habitat for a cold water fishery; (5) for development of big game hunting, fisheries, campgrounds, and fish and wildlife management facilities on the Uintah and Ouray Reservation; (6) for Tribal participation in the construction of pipelines associated with the Duchesne County Municipal Water Conveyance System; and (7) for the Tribal Development Fund which the Secretary is authorized and directed to establish for the Ute Indian Tribe.
Directs the Secretary to endeavor to maintain minimum stream flows from the outlet works of the Upper Stillwater Dam into Rock Creek during specified periods of the year.
Directs the Bureau of Reclamation to transfer specified real property for the Ute Indian Tribe.
Directs the Tribe to prepare a Tribal Development Plan for all or part of the Tribal Development Fund. Bars the Secretary from obligating or expending sums from the Fund for any economic project to be developed or constructed pursuant to this Act, unless the Secretary has complied fully with the requirements of applicable fish, wildlife, recreation, and environmental laws. Authorizes the Tribe to waive and release claims concerning or related to water rights as described. Authorizes the Tribe to resurrect such claims if funds authorized for the Tribe under this Act are not actually received.
Title VI: Endangered Species Act and National Environmental Policy Act
- Specifies that nothing in this Act shall be interpreted as modifying or amending the provisions of the Endangered Species Act of 1973 or the National Environmental Policy Act of 1969.
Title VII: Leadville Mine Drainage Tunnel, Colorado
- Authorizes the Secretary of the Interior to: (1) design, construct, operate, and maintain a water treatment plant for the Leadville Mine in Colorado; (2) install concrete lining on the rehabilitated portion of the Leadville Mine Drainage Tunnel; and (3) contract with the Colorado Division of Wildlife to monitor heavy metal contaminant concentrations in water, sediment, and aquatic life in the Arkansas River downstream from the water treatment plant.
Specifies that: (1) such treatment plant shall be designed to treat the quantity and quality of effluent historically discharged from such Tunnel; and (2) construction, operation, and maintenance costs of the works authorized by this title shall be nonreimbursable.
Makes the Secretary responsible for operation, maintenance, and replacement of the water treatment plant.
Authorizes appropriations beginning in FY 1989 for the plant construction, concrete lining installation, and heavy metal contaminant monitoring. Directs the Secretary, prior to and during such construction, to notify the Administrator of the EPA and the State of Colorado to obtain their views on the design and operation plans. Directs the Secretary to notify congressional leaders of discharge compliance under specified Federal standards.
Authorizes the Secretary to formulate and implement a program for the restoration of fish and wildlife resources of those portions of the Arkansas River basin affected by the effluent discharged from such Tunnel. Requires the Secretary, at least sixty days prior to implementing the program, to submit a copy of the proposed restoration program to the Speaker of the House and the President Pro Tempore of the Senate.
Authorizes the Secretary to conduct investigations of water pollution sources and impacts attributed to mining and other related development in the Upper Arkansas River Basin and to implement corrective action demonstration projects. Requires all corrective action plans and subsequent corrective demonstration projects to include appropriate public involvement. Directs the Secretary to arrange for cost sharing in such projects with the State of Colorado and for utilization of non-Federal funds and in-kind services where possible.
Title VIII: Lake Meredith Salinity Control Project, Texas and New Mexico
- Authorizes the Secretary of the Interior to construct and test the Lake Meredith Salinity Control Project, New Mexico and Texas, to improve the quality of water of the Canadian River downstream of Ute Reservoir, New Mexico, and entering Lake Meredith, Texas.
Authorizes the Secretary to enter into a contract with the Canadian River Municipal Water Authority of Texas (Authority) for the design and construction management of project facilities by the Bureau of Reclamation and for the payment of construction costs by the Authority. Requires the Authority to operate and maintain the facilities upon completion of construction and testing.
Requires the Authority to advance all costs of construction of project facilities as the non-Federal contribution. Declares the Federal share to be all project costs for design preparation and construction management.
Provides for transferring control of the project works to the Authority or to a bona fide entity agreeable to New Mexico and Texas upon completion of construction and testing, or upon termination of activities at the request of the Authority.
Provides that title to any facilities constructed under this title shall remain with the United States.
Title IX: Cedar Bluff Unit, Kansas
- Authorizes the Secretary of the Interior to reformulate the Cedar Bluff Unit of the Pick-Sloan Missouri Basin Program, Kansas, including reallocation of the conservation capacity of the Cedar Bluff Reservoir, to create: (1) a designated operating pool for fish, wildlife, and recreation purposes, and for groundwater recharge for environmental, domestic, municipal, and industrial uses; and (2) a joint-use pool for flood control, water sales, fish, wildlife, and recreation purposes.
Authorizes the Secretary to contract with Kansas for the sale, use, and control of the designated operating pool (with the exception of water reserved for Russell, Kansas) and to allow Kansas to acquire use and control of water in the joint-use pool. Directs that Kansas shall not permit utilization of water from Cedar Bluff Reservoir to irrigate lands in the Smoky Hill River Basin from such Reservoir to the confluence with Big Creek.
Authorizes the Secretary to contract with Kansas for the acceptance of a specified payment and the State's commitment to pay a proportionate share of the annual operation, maintenance, and replacement charges for the Cedar Bluff Dam and Reservoir. Requires, after the reformulation authorized by this title, that all net revenues received by Kansas in excess of operating and maintenance expenses shall be paid to the United States and covered into the Reclamation Fund. Provides that, once all operation, maintenance, and replacement charges are satisfied, any additional revenues shall be retained by Kansas.
Authorizes the Secretary to transfer ownership of the fish hatchery facility at Cedar Bluff Dam and related water rights to Kansas for its use and operation. Provides that if any of such transferred property is subsequently transferred from State ownership or used for any purpose other than those provided for in this title, title to such property shall revert to the United States.
Authorizes the Secretary to transfer title to the Cedar Bluff Irrigation District headquarters located near Hays, Kansas, contingent upon the District's agreement to close down the irrigation system to the satisfaction of the Secretary at no additional cost to the United States, after which all easement rights shall revert to the owners of the land to which the easements are attached.
Title X: South Dakota Water Planning Studies
- Authorizes the Secretary to perform the planning studies necessary to determine the feasibility and cost of incorporating all or portions of the Rosebud Sioux Reservation in South Dakota into the service areas of the rural water systems authorized by the Mni Wiconi Project Act of 1988.
Amends the Mni Wiconi Project Act of 1988 to authorize and direct the Secretary to obligate a specified amount of funds to construction an interim water system for the White Clay and Wakpamni Districts of the Pine Ridge Indian Reservation as soon as specified requirements for that segment of the Oglala Rural Water Supply System have been met.
Title XI: Salton Sea Research Project, California
- Authorizes the Secretary to conduct a research project for the development of an enhanced evaporation system for saline water treatment, located in the area of the Salton Sea in southern California. Requires the non-Federal share of project costs to be 50 percent. Requires a report on project results. Authorizes appropriations.
Title XII: Amendment to Sabine River Compact
- Grants the consent of the Congress to an amendment to a compact ratified by the States of Louisiana and Texas relating to the waters of the Sabine River and its tributaries.
Title XIII: Salt-Gila Aqueduct, Arizona
- Designates the Salt-Gila Aqueduct of the Central Arizona Project as the Fannon-McFarland Aqueduct.
Title XIV: Vermejo Project Relief, New Mexico
- Amends Federal law which provides for the deferral of the Vermejo Conservancy District's repayment obligation regarding facilities constructed by the Bureau of Reclamation for the Vermejo Reclamation Project, New Mexico, and transfers certain such facilities to the Vermejo Conservancy District (thus allowing the transfer of the Lake 13 project facility to the District).
Title XV: San Luis Valley Protection, Colorado
- Prohibits any agency or instrumentality of the United States from issuing any license, permit, right-of-way, grant, loan, or other assistance for any project or feature to withdraw water from the San Luis Valley, Colorado, for export to another basin or State unless the Secretary finds that the project will not: (1) increase the costs or negatively affect operation of the Closed Basin Project; (2) adversely affect the purposes of any national wildlife refuge or Federal wildlife habitat area withdrawal located in the Valley; or (3) adversely affect the purposes of the Great Sand Dunes National Monument, Colorado.
States that nothing in this Act shall affect any current water withdrawal or delivery agreements or contracts related to the Valley.
States that the Secretary's findings under this Act shall be subject to judicial review. Requires costs of the findings to be paid in advance by the project proponent.
Title XVI: Reclamation Wastewater and Groundwater Studies
- Reclamation Wastewater and Groundwater Study and Facilities Act - Directs the Secretary, pursuant to the Reclamation Act of 1902 and other Federal reclamation laws, to: (1) identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater and naturally impaired ground and surface waters; (2) identify opportunities for the design and construction of demonstration and permanent facilities to reclaim and reuse wastewater; and (3) conduct research, including desalting, for the reclamation of wastewater and naturally impaired ground and surface waters.
Directs the Secretary to undertake appraisal investigations to identify opportunities and make recommendations for water reclamation and reuse. Authorizes the Secretary to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of water reclamation and reuse projects recommended. Limits the Federal share of study costs to 50 percent, except when the Secretary determines that due to financial hardship the non-Federal participant in such study is unable to contribute at least 50 percent of such costs.
Authorizes the Secretary to conduct research and to construct, operate, and maintain cooperative demonstration projects for the development and demonstration of appropriate treatment technologies for the reclamation of municipal, industrial, domestic, and agricultural wastewater and naturally impaired ground and surface waters. Limits the Federal share of the costs of such projects to 50 percent.
Authorizes the Secretary to conduct a study to assess the feasibility of a comprehensive water reclamation and reuse system for southern California.
Directs the Secretary to participate in the planning, design, and construction of demonstration and permanent facilities to reclaim and reuse water in the San Jose metropolitan service area.
Directs the Secretary to conduct a feasibility study of the potential for development of facilities to fully utilize wastewater from the regional wastewater treatment plant in Phoenix, Arizona, for direct municipal, industrial, agricultural, and environmental purposes, groundwater recharge, and direct potable reuse in such area and for the design and construction of facilities for such purposes.
Directs the Secretary to conduct a feasibility study of comprehensive water reclamation and reuse for southern Arizona.
Authorizes the Secretary to conduct a study to develop and assess means of reclaiming the waters of Lake Cheraw, Colorado, or otherwise mitigating the negative impacts of pollution in such waters on ground water resources or the waters of the Arkansas River.
Directs the Secretary to conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for purposes of export and reuse elsewhere in California.
Directs the Secretary to participate in the planning, design, and construction of demonstration and permanent facilities to reclaim and reuse water in the San Diego metropolitan service area.
Authorizes the Secretary to participate with the Los Angeles West Basin Municipal Water District and other appropriate authorities in the design, planning, and construction of water reclamation and reuse projects for treating effluent from the city of Los Angeles in order to provide new water supplies, reduce the demand for imported water, and reduce the sewage discharged into Santa Monica Bay.
Authorizes the Secretary to participate in the design, planning, and construction of a conjunctive-use facility designed to improve the water quality in the San Gabriel groundwater basin and allow utilization of such basin as a water storage facility.
Authorizes appropriations to carry out all such studies and projects.
Directs the Secretary to conduct an investigation and analysis of the impacts of existing Bureau projects on the quality and quantity of groundwater resources. Authorizes appropriations.
Title XVII: Irrigation on Standing Rock Indian Reservation, North Dakota
- Increases the locations within Standing Rock Indian Reservation at which the Secretary is authorized to develop irrigation projects.
Title XVIII: Grand Canyon Protection
- Grand Canyon Protection Act of 1992 - Directs the Secretary to operate Glen Canyon Dam in accordance with specified criteria and plans enumerated later under this Act and to exercise other authorities in order to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including natural and cultural resources and visitor use.
Requires the Secretary, on an interim basis during compliance with certain environmental impact statements, criteria, and plans, to continue to operate Glen Canyon Dam (Dam) under announced operating procedures and the Interagency Agreement between the Bureau of Reclamation and the Western Area Power Administration of October 2, 1991. Requires consultation with specified Federal agencies, State governors, Indian tribes, and the public during such interim operation.
Allows the Secretary to deviate from such interim operations when necessary and in the public interest.
Requires the Secretary to complete a final Dam environmental impact statement in accordance with the National Environmental Policy Act of 1969. Requires the Comptroller General to audit the costs and benefits of the Dam and report the results to the Secretary and the Congress. Directs the Secretary, based on the findings and conclusions of the environmental impact statement, to adopt criteria, operating plans, and other necessary authorities to ensure that the Dam is operated in a manner consistent with its purposes. Requires the Secretary to report to the Congress and the governors of the Colorado River Basin States annually on the preceding and projected future year operations of the Dam and to report to the Congress on the environmental impact statement and the mitigation measures taken to protect and improve the natural, recreational, and cultural resources of the Colorado River downstream of the Dam. Directs the Secretary to undertake a specified reallocation of costs of construction, operation, maintenance, replacement, and emergency expenditures of the Dam.
Directs the Secretary to establish and implement long-term monitoring programs and activities that will ensure that the Dam is operated in a manner consistent with its purposes, including any necessary research and studies.
Makes nonreimbursable all costs of preparing the environmental impact statement and monitoring programs and activities. Authorizes the Secretary to use funds received from the sale of electric power and energy from the Colorado River Storage Project to pay for such costs.
Directs the Secretary of Energy to identify feasible methods of replacing any power generation lost through the adoption of long-term operational criteria for the Dam as required under this Act. Requires such Secretary to report his findings within two years after adoption of the long-term operating criteria.
Title XIX: Mid-Dakota Rural Water System
- Mid-Dakota Rural Water System Act of 1992 - Directs the Secretary to make grants and loans to Mid-Dakota Rural Water System, Inc. (Mid-Dakota), a nonprofit corporation, for the planning and construction of the Mid-Dakota Rural Water System (water system), subject to specified terms and conditions. Limits grants available to the water system to 85 percent of the amount authorized to be appropriated under this title.
Bars the Secretary from obligating funds for the construction of the water system until: (1) the requirements of the National Environmental Policy Act of 1969 have been met; and (2) a final engineering report has been prepared and submitted to the Congress for a period of not fewer than 90 days.
Directs: (1) the Secretary to coordinate with the Secretary of Agriculture, to the extent practicable, grant and loan assistance made under this title with similar assistance available under the Consolidated Farm and Rural Development Act; and (2) the Secretary of Agriculture to take into consideration grant and loan assistance available under this title when considering whether to provide similar assistance under such Act.
Requires the Secretary to make: (1) grants and otherwise make funds available to Mid-Dakota and other private, State, and Federal entities for the initial development of the wetland component; and (2) a grant of up to $100,000 annually to Mid-Dakota for the operation and maintenance of such component. Provides that such funds shall be nonreimbursable and nonreturnable.
Bars the Secretary from obligating Federal funds for construction of the water system until he finds that non-Federal entities have developed and implemented specified water conservation programs throughout the service area of the water system.
Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water system shall be on an acre for acre basis, based on ecological equivalency, concurrent with project construction.
Directs the Western Area Power Administration, from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water system during the summer electrical season, subject to specified conditions.
Permits the use of a connection of water system facilities to Government facilities at the Oahe powerhouse and pumping plant and their use for the purpose of supplying water to the water system to the extent that such use does not detrimentally affect the use of those Government facilities for the other purposes for which they are authorized.
Authorizes appropriations for the water system and the wetland component.
Title XX: Lake Andes-Wagner/Marty II, South Dakota
- Lake Andes-Wagner/Marty II Act of 1992 - Directs the Secretary, through the Bureau of Reclamation and with the assistance and cooperation of an oversight committee, to carry out a demonstration program in accordance with a May 1990 Demonstration Program Plan of Study, which includes: (1) the development of accurate means of quantifying projected irrigation and drainage requirements and drainage return flow quality and quantity with respect to glacial tills and other soils found in the areas to be served by the Lake Andes-Wagner Unit and Marty II Unit; (2) development of best management practices for improving irrigation water use and development; (3) investigation of the potential for enhancement of wetlands and fish and wildlife within the areas; and (4) investigation of the suitability of glacial till soils for crop production under irrigation. Requires study sites for the carrying out of such program to be obtained through leases from landowners who voluntarily agree to participate in the demonstration program under specified conditions. Provides for the sale of crops grown under the demonstration program. Outlines other demonstration program provisions, including annual reporting requirements. Requires the demonstration phase of the program to terminate at the end of the fifth full irrigation season.
Directs the Secretary, on the basis of the concluding report and recommendations of the program, to comply with the study and reporting requirements of the National Environmental Policy Act and regulations issued to implement its provisions with respect to the units. Prohibits funds from being appropriated for the units unless they can be maintained to comply with water quality standards and avoid adverse effects to fish and wildlife resulting from the bioaccumulation of selenium.
Authorizes the Secretary to construct, operate, and maintain the Lake Andes-Wagner Unit and the Marty II Unit, South Dakota, as units of the South Dakota Pumping Divisions, Pick-Sloan Missouri Basin Program. Provides conditions for the construction, operation, and maintenance of such units, including certain irrigation pumping and distribution requirements, allocation of irrigation costs to Indian and non-Indian lands, crop acreage requirements under specified Federal law, and the mitigation of fish and wildlife losses incurred as a result of such construction, operation, and maintenance.
Authorizes and directs the Secretary to enter into negotiations with State and local interests for a cost-sharing agreement with respect to the Lake Andes-Wagner Unit. Directs the Secretary to require that such agreement provide that the total non-Federal share of the costs of construction allocable to irrigation of the Lake Andes-Wagner Unit shall be 30 percent. Authorizes appropriations in connection with the construction of facilities for both units, for the demonstration program, and for operation and maintenance of each unit.
Title XXI: Rio Grande Floodway, San Acacia to Bosque Del Apache Unit, New Mexico
- Modifies local cost-sharing requirements for the flood control project, Rio Grande Floodway, San Acacia to Bosque del Apache Unit, New Mexico, to more equitably reflect the non-Federal benefits of the project, by reducing the non-Federal contribution by the percentage of benefits attributable to Federal properties, provided Federal property benefits exceed 50 percent of total project benefits.
Title XXII: Sunnyside Valley Irrigation District, Washington
- Directs the Secretary to convey to Sunnyside Valley Irrigation District, Washington, without consideration, all U.S. right, title, and interest, excludin oil, gas, and other mineral deposits, in specified lands in Sunnyside, Washington.
Title XXIII: Platoro Reservoir and Dam, San Luis Valley Project, Colorado
- Authorizes and directs the Secretary of the Interior to: (1) accept a one-time payment from the Conejos Water Conservancy District, Colorado, in lieu of certain repayment obligations; and (2) enter into an agreement for the transfer of the operation and maintenance functions of the Platoro Dam and Reservoir, including flood control operations, to the District. Provides that title to the Dam and Reservoir and authority over its recreational use shall remain with the United States.
Subjects such transfer to the following conditions: (1) that releases from the Reservoir flush out the channel of the Conejos River periodically to maintain the hydrologic regime of the River; (2) that releases from the Reservoir contribute to even water flows in the fall season for protection of the brown trout spawn; (3) that operation of the Dam and Reservoir for water supply uses shall be paramount to channel flushing and fishery objectives; (4) that the District maintain a permanent pool in the Reservoir for fish, wildlife, and recreational purposes; (5) that the District maintain specified releases of water from October through April and bypass a specified amount of second or natural inflow, whichever is less, from May through September; and (6) that the U.S. Forest Service regularly monitor operation of the Reservoir.
Requires the Corps of Engineers to retain authority for the operation of the Dam and Reservoir for flood control purposes.
Requires the transfer to be in compliance with the Rio Grande Compact of 1939 and all other applicable laws and regulations.
Specifies that the District shall have sole responsibility for maintaining: (1) all associated facilities of the Dam and Reservoir; and (2) the land and buildings in the Platoro townsite in a condition satisfactory to the Forest Service.
Title XXIV: Redwood Valley County Water District, California
- Authorizes the Secretary to sell or accept prepayment on loans made by the Secretary under the Small Reclamation Projects Act to the Redwood Valley County Water District, California. Outlines provisions concerning the determination of the interest rate discounting to determine loan balances. Requires such Water District to pay all reasonable fees and expenses incurred relative to such sale. Terminates the authority to sell such loans two years after enactment of this Act.
Title XXV: United Water Conservation District, California
- Directs the Secretary to sell to the United Water Conservation District, California, a loan made in connection with the Freeman Diversion Project within such District. Outlines provisions concerning the determination of the interest rate discounting to determine loan balances. Provides that, upon payment of the purchase price of such loan: (1) the District shall be relieved of all obligations under such loan; and (2) the Secretary shall convey to the District all rights of the United States in the Project. Terminates the authority to sell such loan two years after enactment of this Act.
Title XXVI: High Plains Groundwater Program
- Amends the High Plains States Groundwater Demonstration Program Act of 1983 to require the Secretary to make additional recommendations for the design, construction, and operation of demonstration projects for the recharge of aquifers.
Requires each such project to terminate within five years after project construction is completed. Provides for the submission of a final report to the Congress, including a detailed evaluation of the projects.
Title XXVII: Montana Irrigation Projects
- Directs the Secretary to make available project pumping power from the Pick-Sloan Missouri Basin Program to two specified non-Federal irrigation projects at the firm power rate.
Title XXVIII: Reclamation Recreation Management Act
- Reclamation Recreation Management Act of 1992 - Amends the Federal Water Projects Recreation Act to require non-Federal public bodies to bear not less than half (currently, all) of the costs of operation, maintenance, and replacement allocated to fish and wildlife enhancement of Bureau of Reclamation project land and water areas.
Provides that, if such bodies execute an agreement after initial operation of the project (currently, within ten years after initial operation), the remainder of the costs of lands, facilities, and project modifications provided under Federal provisions shall be nonreimbursable.
Authorizes any recreation facility constructed under such Act to be expanded if: (1) the facility is inadequate to meet recreational demands; and (2) a non-Federal public body executes an agreement to administer the expanded facility pursuant to an approved plan of development and to bear not less than half of the costs of expansion and subsequent operation and maintenance. Limits the Federal share of the cost of expanding a facility to 50 percent.
Authorizes the Secretary to establish filing or user fees and related charges for the use of Reclamation lands upon a determination that such fees or charges are reasonable and appropriate.
Repeals a limitation of $100,000 for any one reservoir for project purposes.
Authorizes the Secretary to: (1) prepare and issue regulations to implement this title with respect to the use of Reclamation lands, to ensure the protection of resource values, and the protection, comfort, and well-being of the public using such lands; (2) prepare and maintain on a continuing basis an inventory of resources and uses made of Reclamation lands and resources, keep records of such inventory, and make such records available to the public; (3) ascertain the boundaries of Reclamation lands and devise a means for public identification; and (4) develop, maintain, and revise resource management plans for Reclamation lands, with appropriate public participation.
Title XXIX: San Juan Suburban Water District
- Provides reimbursement by the Secretary for the costs of water pumps purchased by the San Juan Suburban Water District, California, for installation at Folsom Dam, Central Valley Project, California.
Title XXX: Western Water Policy Review
- Western Water Policy Review Act of 1992 - Directs the President to: (1) undertake a comprehensive review of Federal activities in the 19 Western States which affect the allocation and use of water resources; and (2) submit a report to specified congressional committees within five years on findings and recommendations.
Directs the President to appoint an Advisory Commission to review: (1) present and anticipated national water resource problems affecting the Western States; (2) current and proposed Federal programs affecting such States; (3) the need for additional storage or other arrangements to augment existing water supplies; (4) the history, use, and effectiveness of various institutional arrangements to address problems of water development and use; (5) the legal regime governing water development and use and the respective roles of the Federal Government and the States; (6) the activities, authorities, and responsibilities of the various Federal agencies with direct water responsibility; and (7) water supply, potable water treatment, and wastewater treatment problems of rural communities.
Title XXXI: Mountain Park Master Conservancy District, Oklahoma
- Directs the Secretary to conduct appropriate investigations regarding, and authorizes the Secretary to accept prepayment of, the repayment obligation of the Mountain Park Master Conservancy District of the reimbursable construction costs of the Mountain Park Project in Oklahoma. Outlines provisions concerning payment amount and interest rates. Requires the Secretary to obtain the approval of the Secretary of the Treasury and the Director of the Office of Management and Budget before any final prepayment is made. Terminates, two years after the enactment of this Act, the authority to sell loans granted to the District. Requires title to project facilities to remain with the United States.
Directs the Secretary to conduct appropriate investigations, and to take appropriate actions after such investigations, with regard to the ability of the District to meet its repayment obligations.
Title XXXII: South Dakota Preservation and Restoration Trust - Subpart A: Biological Diversity Trust
- Directs the Secretary, subject to appropriations therefor and compliance with certain prescribed requirements, to make an annual Federal contribution to a South Dakota Biological Diversity Trust established under this title. Places the Trust under the direction of a board of trustees. States as the purpose of the Trust to select and provide funding for projects that protect or restore South Dakota's biological diversity, its rare species, exemplary examples of plant and animal communities, and large-scale natural ecosystems. Outlines permissible uses of Trust proceeds. Requires the Secretary to utilize two percent of the amount authorized after FY 1992 for the restoration of damaged natural ecosystems, the provision of jobs, recreational opportunities expansion, and the support of research, training, and education. Requires annual reports. Authorizes appropriations.
Subpart B: Wetland Habitat Restoration Program
- Establishes a wetland trust, to be administered by the South Dakota Game, Fish, and Parks Foundation. Directs the Secretary to make specified contributions to such trust. Creates an advisory committee to provide the Board of Directors of the Foundation with necessary technical expertise and the benefit of a multiagency perspective.
Sets forth provisions with respect to: (1) the composition of the advisory committee; (2) the operation of the trust; and (3) the investment of trust funds.
Directs the Secretary, before making the Federal contribution toward the wetland trust, to coordinate the activities under such trust with similar activities carried out by the Secretary of Agriculture under Department of Agriculture programs providing for the protection of wetlands. Directs the Secretary of Agriculture to take into consideration wetland protection activities taken under the wetland trust when considering whether to provide assistance under similar Department of Agriculture programs.
Title XXXIII: Elephant Butte Irrigation District, New Mexico
- Authorizes the Secretary to transfer to the Elephant Butte Irrigation District, New Mexico, and El Paso County Water Improvement District No. 1, Texas, title to certain rights-of-way acquired by the United States on behalf of the Rio Grande project that are used solely for serving such districts' lands and that the Secretary determines are necessary to enable such districts to carry out operation and maintenance with respect to the portion of the project to be transferred.
Authorizes the transfer of the title to such rights-of-way located in New Mexico that are used for jointly serving each such District to both districts jointly upon agreement by the Secretary and both districts.
Title XXXIV: Central Valley Project Improvement Act
- Central Valley Project Improvement Act - Prohibits the Secretary of the Interior from entering into any new short-term, temporary, or long-term contracts or agreements for water supply from the Central Valley Project (CVP), California (a Bureau of Reclamation facility) for any purpose other than fish and wildlife before certain requirements have been met. Provides an exception to such prohibition for certain contracts. Authorizes the Secretary to enter into contracts with: (1) the Tuolumne Regional Water District for delivery of water from the New Melones project to the county's water distribution system; and (2) the Secretary of Veterans Affairs for the delivery in perpetuity of water to meet the needs of the San Joaquin Valley National Cemetery.
Requires the Secretary to renew any existing long-term repayment or water service contract for the delivery of CVP water for up to 25 years, with additional 25-year renewals, subject to environmental review.
Establishes conditions for the transfer of water under contract to users in California. Requires contractors to: (1) meter surface water; (2) ensure that drainage discharges meet all applicable State and Federal water quality standards; and (3) make all CVP water under contracts exceeding three years available pursuant to a specified system of tiered water pricing.
Directs the Secretary: (1) to establish and administer an office on CVP water conservation best management practices that develops criteria for evaluating the adequacy of all water conservation plans developed by CVP contractors; (2) to periodically review and evaluate all existing conservation plans submitted by contractors to determine whether they meet conservation and efficiency criteria; and (3) in developing criteria, to grant substantial deference to the recommendations of the Final Report of the San Joaquin Valley Drainage Program. Provides that all increased revenues received by the Secretary shall be covered to the Restoration Fund.
Authorizes and directs the Secretary to operate CVP so as to: (1) protect, restore, and enhance affected fish, wildlife, and related habitat; and (2) permit the use of CVP water for power and fish and wildlife purposes. Directs that mitigation for fish and wildlife losses incurred as a result of construction, operation, or maintenance of the CVP be concurrent with such activity and be based on the replacement of ecologically equivalent habitat.
Authorizes and directs the Secretary to: (1) develop and implement a program which makes all reasonable efforts to ensure that, by the year 2002, natural production of anadromous fish in Central Valley rivers and streams will be sustained, on a long-term basis, at levels not less than twice the average levels attained during the period of 1967-1991; (2) make available CVP water, upon enactment of this title, for the primary purpose of implementing the fish, wildlife, and habitat restoration purposes and measures authorized by this title, subject to specified requirements; (3) develop and implement a program for the acquisition of a water supply adequate to meet such purposes; (4) mitigate fishery impacts associated with operations of the Tracy Pumping Plant and from the Contra Costa Canal Pumping Plant No. 1; (5) install and operate a structural temperature control device at Shasta Dam to control water temperatures in the Upper Sacramento River; (6) meet flow standards and objectives and diversion limits set forth in all laws and judicial decisions which apply to CVP facilities; (7) make use of short pulses of increased water flows to increase the survival of migrating anadromous fish in the Sacramento-San Joaquin Delta and Central Valley rivers and streams; (8) develop and implement a program which, to the extent possible, will eliminate losses of anadromous fish due to flow fluctuations caused by the operation of any CVP storage or re-regulating facility; (9) develop and implement measures to minimize fish passage problems for adult and juvenile anadromous fish at the Red Bluff Diversion Dam; (10) expand the Coleman National Fish Hatchery and modify the Keswick Dam Fish Trap and dam spillway to prevent the trapping of fish; (11) develop and implement a program to allow sufficient spawning, incubation, rearing, and outmigration conditions for salmon and steelhead from Whiskeytown Dam; (12) develop and implement a program for the purpose of restoring and replenishing, as needed, spawning gravel lost due to the construction and operation of CVP dams, bank protection programs, and other actions that have reduced the availability of spawning gravel in specified rivers; (13) develop and implement a program which provides for modified operations and improved control structures at the Delta Cross Channel and Georgiana Slough during times when significant numbers of striped bass eggs, larvae, and juveniles approach the Sacramento River intake to the Delta Cross Channel or Georgiana Slough; (14) construct a barrier at the head of Old River to be operated on a seasonal basis to increase the survival of young outmigrating salmon that are diverted from the San Joaquin River to CVP and State Water Project pumping plants; (15) establish a comprehensive assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of actions implemented pursuant to this title; (16) develop and implement a program to resolve fishery passage problems at the Anderson-Cottonwood Irrigation District Diversion Dam; (17) assist, if requested by the State of California (the State), in developing and implementing management measures to restore the striped bass fishery of the Bay-Delta estuary; (18) reevaluate existing operational criteria in order to maintain minimum carryover storage at Sacramento and Trinity river reservoirs sufficient to protect and restore the anadromous fish of the Sacramento and Trinity rivers; (19) participate with the State and other Federal agencies in the implementation of the on-going program to mitigate fully for the fishery impacts associated with operations of the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant; (20) assist the State in implementing measures to avoid losses of juvenile anadromous fish resulting from inadequately screened diversions on the Sacramento and San Joaquin rivers, the Sacramento-San Joaquin Delta, and the Suisun Marsh; (21) provide incentives to encourage farmers to keep fields flooded for purposes of waterfowl habitat creation and for CVP yield enhancement; and (22) provide an instream release of water to the Trinity River to protect the fishery resources of the Hoopa Valley Tribe.
Requires the Secretary to: (1) develop a plan to address fish, wildlife, and habitat concerns on the San Joaquin River; (2) determine existing and future basin needs in the Stanislaus River basin; and (3) provide firm water supplies to improve wetland habitat areas on National Wildlife Refuge System units in the Central Valley of California, the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota State wildlife management areas, and the Grasslands Resources Conservation District, subject to certain requirements.
Directs the Secretary to investigate and provide recommendations to specified congressional committees on the feasibility, cost, and desirability of implementing the following: (1) measures to maintain suitable temperatures for anadromous fish survival in the Sacramento and San Joaquin Rivers and the Sacramento-San Joaquin Delta; (2) opportunities for additional hatchery production to mitigate the impacts of water development and operations on Central Valley fisheries; (3) measures to eliminate barriers to migration of salmonids in the Central Valley; (4) installation and operation of temperature control devices at Trinity Dam and Reservoir to conserve cold water for fishery protection; (5) measures to provide for modified operations and improved control structures at the Delta Cross Channel and Georgiana Slough to assist in the migration of anadromous fish; and (6) measures to protect and restore natural production of salmon and steelhead trout in tributary streams of the Sacramento and San Joaquin Rivers.
Requires the Secretary to: (1) investigate and report to specified congressional committees on all effects of the CVP on anadromous fish populations and the fisheries, communities, tribes, businesses, and other interests and entities that have now or in the past had significant economic, social, or cultural association with those fishery resources; and (2) develop readily usable and broadly available models and supporting data to evaluate the ecologic and hydrologic effects of existing and alternative operations of public and private water facilities and systems in the Sacramento, San Joaquin, and Trinity river watersheds.
Establishes the Central Valley Project Restoration Fund for the receipt of revenues and funds provided by this title. Authorizes appropriations.
Directs the Secretary to impose an annual mitigation and restoration payment on CVP beneficiaries to recover costs of fish, wildlife, and habitat restoration programs.
Authorizes the Secretary to provide funding to non-Federal entities to implement actions authorized by this title.
Outlines additional authority granted to the Secretary by this title with respect to CVP.
Specifies that this Act does not and shall not be interpreted to authorize construction of water storage facilities.
Authorizes the Secretary to purchase: (1) from willing sellers land and associated water rights and other property interests which receive CVP water under a contract executed with the United States; and (2) land which, in the Secretary's opinion, would, if permanently retired from irrigation, improve water conservation by a district or improve the quality of an irrigation district's agricultural wastewater and assist the district in implementing the provisions of a water conservation plan approved under the Reclamation Reform Act of 1982 and specified agricultural wastewater management activities, or which are no longer suitable for sustained agricultural production.
Authorizes the Secretary to undertake water conservation projects or measures (projects) needed to meet the requirements of this title. Requires the Secretary to execute a cost-sharing agreement for any such project undertaken, under which the Secretary is authorized to pay up to 100 percent of the costs of such projects. Requires that any water saved by such projects be made available to the Secretary in proportion to the Secretary's contribution to the total project cost and be used to meet the Secretary's obligations under this title, and that such projects be fully implemented by the end of FY 1999. Authorizes appropriations.
Directs the Secretary to: (1) submit to the Congress a least-cost plan to increase the yield of the CVP by the amount dedicated to fish and wildlife purposes under this title; and (2) complete a programmatic environmental impact statement analyzing the impacts and benefits of implementing this title.
Extends the Tehama-Colusa Canal service area to include Solano and Napa counties.
Title XXXV: Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Program, North Dakota
- Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act - Declares that: (1) the Three Affiliated Tribes (TAT) (the Mandan, Hidatsa, and Arikara Tribes that reside on the Fort Berthold Indian Reservation) are entitled to additional financial compensation from amounts deposited to a TAT Recovery Fund for the taking of reservation lands for the site of the Garrison Dam and Reservoir; and (2) the Standing Rock Sioux Tribe (SRST) (members of the Great Sioux Nation that reside on the Standing Rock Indian Reservation) is entitled to additional financial compensation from amounts deposited to a SRST Economic Recovery Fund for the taking of reservation lands as the site for the Oahe Dam and Reservoir.
Establishes such Funds. Directs the Secretary of the Treasury to deposit into each Fund 25 percent of the receipts from deposits to the Treasury for the preceding fiscal year from the integrated programs of the Eastern Division of the Pick-Sloan Missouri River Basin Project administered by the Western Area Power Administration, subject to certain limitations. Authorizes appropriations for the Three Affiliated Tribes Economic Recovery Fund. Makes available only the interest on the moneys in each Fund for use by the Secretary of the Interior in making payments to the SRST and TAT for use for educational, social welfare, economic development, and other programs. Specifies that: (1) no payments pursuant to this Act shall result in the reduction or denial of any Federal services or programs to which the TAT or SRST, or any of their members, are otherwise entitled to because of their status as federally recognized Indian tribes or members pursuant to Federal law; (2) no such payments shall be subject to Federal or State income tax, or affect power rates; and (3) no part of any moneys in either Fund shall be distributed to any TAT or SRST member on a per capita basis.
Authorizes the Secretary to develop irrigation within the boundaries of the Standing Rock Indian Reservation, subject to a finding by the Secretary of irrigability of the lands to receive water. Authorizes appropriations.
Declares certain Federal lands in North Dakota to be held in trust by the United States for the TAT as part of the Fort Berthold Reservation.
Directs the Secretary of the Army to transfer administrative jurisdiction to the Secretary of Interior (Secretary) over certain tribal and nontribal Federal lands acquired from individual Indian and non-Indian owners for the Garrison Dam Project (Project).
Requires the Secretary to offer a right of first refusal to such individual owners, their heirs, or assignees, for a maximum one-year period after notification of their rights, to purchase at fair market value any land the owner conveyed to the United States for the Project.
Prohibits the sale of lands purchased from the Secretary by former owners, their heirs, or assignees under this Act within five years of such purchase unless the TAT has been afforded a right of first refusal to purchase them.
Reserves to the United States the perpetual right, power, privilege, and easement permanently to overflow, flood, submerge, saturate, percolate, and erode such lands in connection with the operation and maintenance of the Garrison Dam Project, and the continuing right to remove any detrimental brush, debris, and natural obstructions.
Prohibits, without the Secretary of the Army's approval, the construction or maintenance of structures on such lands, or excavation or landfill placement.
Declares that nothing in this Act shall deprive any person of any right-of-way, leasehold, or other right, interest, or claim which such person may have in the lands before the enactment of this Act.
Declares that all rights, title, and interest of the United States in certain improvements and recreation facilities are held in trust by the United States for the TAT.
Directs the Secretary of the Army to transfer administrative jurisdiction to the Secretary of the Interior over specified Federal lands acquired for the Oahe Dam Reservoir Project from: (1) the SRST; and (2) individual Indian and non-Indian owners.
Requires the Secretary to offer a right of first refusal to the SRST and such individual owners, their heirs, or assignees, for a maximum one-year period after notification of their rights, to purchase at fair market value any land the owner conveyed to the United States for the Project.
Prohibits the sale of such lands by former owners, or their heirs or assigns under this Act within five years of such purchase unless the SRST has been afforded a right of first refusal to purchase them.
Reserves to the United States the perpetual right, power, privilege, and easement permanently to overflow, flood, saturate, percolate, and erode such lands in connection with the operation and maintenance of the Project, and the continuing right to remove any detrimental brush, debris, and natural obstructions.
Prohibits, without approval of the Secretary of the Army, the construction or maintenance of structures on such lands, or excavation or landfill placement.
Declares that nothing in this Act shall deprive any person of any right-of-way, leasehold, or other right, interest, or claim which such person may have in such lands before enactment of this Act.
Declares that all right, title, and interest of the United States in certain improvements and recreation facilities in North Dakota (except for the Indian Memorial Recreation Area and the Grand River Fish Spawning Station, unless specified conditions are met) are held in trust by the United States for the SRST.
Requires that Oahe Dam and Lake Project lands transferred by this Act which were formerly designated as mitigation lands for fish and wildlife conservation purposes shall be included in any subsequent determination of the Corps of Engineers' (Corps) compliance with certain Federal law.
Directs the SRST to use its best efforts to conduct fish and wildlife conservation and mitigation on such lands.
Denies South Dakota any claim, right, or cause of action under Federal law to compel designation of additional lands currently under Corps jurisdiction for fish and wildlife conservation purposes in lieu of the lands transferred by this Act.
Title XXXVI: Sonoma Baylands Wetland Demonstration Project, California
- Directs the Secretary of the Army to develop and carry out a Sonoma Baylands wetland demonstration project in the San Francisco Bay-Delta estuary, California, utilizing dredged material to restore, protect, and expand the Sonoma Baylands in order to preserve fish and wildlife and to provide flood control, water quality improvement, and sedimentation control. Directs such Secretary to develop a plan for the implementation of the Sonoma Baylands project, with specified target dates for various phases of such plan. Requires specified non-Federal participation in the costs of such project and certain congressional reports. Authorizes appropriations.
Title XXXVII: San Carlos Apache Tribe Water Rights Settlement, Arizona
- San Carlos Apache Tribe Water Rights Settlement Act of 1992 - Directs the Secretary of the Interior to reallocate an additional specified amount of water for the San Carlos Apache Tribe (the Tribe) from the following sources under specified terms and conditions: (1) water that is not required for delivery to the Ak-Chin Indian Reservation under Federal law; and (2) Central Arizona Project (CAP) water having a municipal and industrial priority previously allocated to Phelps Dodge Corporation, and the city of Globe, Arizona. Requires the Tribe or its lessee to pay any water service capital charges or municipal and industrial subcontract charges for any water use or lease from the effective date of this Act through FY 1995.
Requires the Secretary, when determining the allocation and repayment of CAP costs as provided in a certain contract between the United States and the Central Arizona Water Conservation District (CAWCD), to exclude from CAWCD's repayment obligation any costs associated with the water reallocated from the Ak-Chin Reservation allocation (and thus no longer allocable to CAWCD). Makes such costs nonreimbursable. Declares that water reallocated to the San Carlos Reservation from the Ak-Chin Reservation shall constitute partial satisfaction of the San Carlos Tribe's claims for water in a specified proceeding, if certain authorizations (later in this Act) to release water claims do not become effective.
Directs the Secretary to designate for the benefit of the Tribe such active conservation capacity behind Coolidge Dam on the Gila River as the Secretary is not using to meet the obligations of the San Carlos Irrigation Project (SCIP) for irrigation storage. Limits any water stored by the Tribe to the dam's first spill water.
Directs the Secretary to execute a specified Agreement which establishes, with specified exceptions and subject to the management plan established under this Act, the Tribe's permanent right to: (1) the on-Reservation diversion and use of all groundwater beneath its Reservation; and (2) all surface water in all tributaries within the Reservation to the mainstreams of the Black River, the Salt River below its confluence with the Black River, the San Pedro River, and the Gila River, including the right to fully regulate and store such water on the tributaries. Preserves the claims of the Tribe and the United States, as trustee for it, with respect to parties not subject to the waiver authorized by this Act.
Declares that any exchange under this Act of Gila River water for water supplied by the CAP shall not amend, alter, or conflict with certain exchanges authorized by the Colorado River Basin Project Act.
Ratifies the contract between the Salt River Project Agricultural Improvement and Power District and the Roosevelt Water Conservation District dated October 24, 1924. Directs the Secretary to revise a certain subcontract of the District for agricultural water service from CAP to permit the conversion of agricultural water to municipal and industrial uses.
Authorizes the Secretary, subject to tribal approval, to: (1) renew the right-of-way permit granted to Phelps Dodge Corporation on March 8, 1950, for the construction, operation, and maintenance of an electrical transmission line, and an existing road for access to such facilities; (2) renew the right-of-way permit granted to the Corporation for the construction, use, operation, and maintenance of a water plant, pipeline, canal, water flowage easement through Willow Creek and an existing access road to those facilities over the lands of the Tribe; and (3) grant a water flowage easement through the portions of Eagle Creek flowing through the Tribe's Reservation. States that each right-of-way and flowage easement shall be for 100 years, and gives Phelps Dodge the right to renew them for an additional 100 years, subject to payment of rent at a rate based upon fair market value.
Directs the Secretary to amend the CAP water delivery contract between the United States and the Ak-Chin Indian Community dated December 11, 1980, to: (1) include the obligation of the United States to provide additional water, under specified conditions; (2) extend its term through the end of 2099 and provide for its subsequent renewal; and (3) authorize the Tribe to lease CAP water to which it is entitled under the Tribal CAP Delivery Contract within Maricopa, Pinal, and Pima Counties, to the city of Scottsdale pursuant to the Agreement, and to specified Arizona cities.
Directs the Secretary to enter into agreements to permit the Tribe to exchange, within Arizona, all or part of the water available to it under the Tribal CAP Delivery Contract.
Ratifies the Agreement among the parties with respect to: (1) the right of Globe and Safford to withdraw and use water from certain sources; and (2) the right of Phelps Dodge, under its agreement with the Tribe, to divert, withdraw, and use water.
Requires the Secretary to design and construct new facilities for the delivery of water to tribal reservation lands at a cost which shall not exceed the cost for such design and construction which would have been incurred by the Secretary in the absence of the agreement and this Act pursuant to the existing authority of the Colorado River Basin Project Act. Directs the Secretary of Commerce to amend the contract between the Economic Development Administration and the Tribe relating to the construction of the Elgo Dam on the Reservation to discharge all remaining repayment obligations of the United States upon the enactment of this Act.
Establishes the San Carlos Apache Tribe Development Trust Fund within the Treasury to contain the funds appropriated for it, the funds provided by Arizona under the agreement, and the funds received from the tribal water leases authorized by this Act. Outlines provisions regarding the use of the Fund.
Authorizes appropriations for FY 1994.
Provides that the benefits realized by the Tribe and its members under this Act shall constitute full and complete satisfaction of all members' present and past claims for water rights, with specified exceptions. Authorizes the Tribe and the Secretary of the Interior on behalf of the United States to waive and release all present and future water rights claims.
Declares that lands receiving CAP water shall be free from the ownership and full cost pricing limitations of Federal reclamation law and from all full cost pricing provisions of Federal law, provided the non-Indian agricultural contractor of such water executes a waiver and release of all claims to Ak-Chin excess water reallocated to the Tribe under this Act.
Directs the Secretary to carry out all necessary environmental compliance during the implementation phase of this settlement. Authorizes appropriations.
Directs the Secretary to establish a groundwater management plan for the San Carlos Apache Reservation.
Declares that concessions for recreation and fish and wildlife purposes on San Carlos Lake may be granted only by the Tribe's governing body.
Transfers to the Tribe the Secretary's entitlement of 30,000 acre-feet of water, less certain evaporation and seepage losses, which the Secretary may have acquired through substituting CAP water for water to which the Gila River Indian Community and the San Carlos Irrigation and Drainage District has a right to be released from San Carlos Reservoir and delivered to them in 1990.
Directs the Secretary to acquire, with the consent of the city of Scottsdale, upon mutually acceptable terms and through a land exchange based on fair market value, all of the city's right, title, and interest in Planet Ranch on the Bill Williams River, including all appurtenant water rights, and the city's January 1988 application filed with the Arizona Department of Water Resources to appropriate water from such River. Provides that, if an exchange is made with land bought by the Bureau of Reclamation for the construction and operation of the CAP, then, upon commencement of repayment by CAWCD of the reimbursable costs of the CAP, the fair market value of the lands exchanged shall be credited in full against the annual payments due from CAWCD under the terms of its repayment contract with the United States.
Amends the Colorado River Basin Project Act to repeal the requirement that the Secretary find that a surplus of groundwater exists and that drainage is or was required as a precondition for permitting groundwater to be pumped from within the exterior boundaries of a CAP contractor's service area for any use outside such area.
Declares that nothing in this Act shall be construed: (1) to affect the water rights or the water rights claims of any Federal agency other than the Bureau of Indian Affairs on behalf of the Tribe; or (2) to prohibit the United States from confirming in the Agreement executed pursuant to this Act, except on behalf of Indian tribes other than the San Carlos Apache Tribe, the Gila River and Little Colorado River watershed water rights of other parties to the Agreement by making express provisions for the same in such Agreement.
Title XXXVIII: San Francisco Water Reclamation and Reuse Demonstration Project
- Authorizes and directs the Secretary of the Interior to undertake a demonstration project in San Francisco to examine the feasibility and effectiveness of using advanced ecologically engineered technology for water reclamation and reuse.
Title XXXIX: Siphon Repair and Replacement
- Finds that the prestressed concrete pipe siphons installed in the Hayden-Rhodes Aqueduct portion of the Central Arizona project designed and constructed by the Secretary pursuant to the Colorado River Basin Project Act have been determined to be defective, inadequate, and unsuitable for aqueduct purposes and must be replaced or substantial repairs completed for the transfer of the operation of the Project to its local sponsor. Directs that 50 percent of the costs incurred in teh repair, modification, or replacement (together with associated costs) of the Aqueduct siphons at Salt River, New River, Hassayampa River, Jackrabbit Wash, Centennial Wash, and Agua Fria River be borne by the United States.
Title XL: National Historic Preservation Act Amendments
- National Historic Preservation Act Amendments of 1992 - Amends the National Historic Preservation Act to: (1) require the Secretary of the Interior to report, at least once every four years, to the President and to the Congress, on a review of threats to properties included in or eligible for the National Register of Historic Places; (2) revise requirements for Federal and State historic preservation programs; (3) provide for tribal and Native Hawaiian organizations historic preservation programs; (4) provide for matching grants to States and direct grants to Indian tribes and Native Hawaiian organizations to carry out this Act; (5) require development of a comprehensive preservation education and training program; (6) revise requirements for awarding and apportioning grants under this Act; (7) extend the authorization for the Historic Preservation Fund; (8) require adaptive use alternatives for Federal agency historic properties; and (9) provide for professional standards with respect to historic preservation activities.
Requires the Secretary to study and report to the Congress on the feasibility of alternatives for controlling illegal interstate and international traffic in antiquities. Authorizes appropriations.
Includes within the membership of the Advisory Council on Historic Preservation one member of an Indian tribe or Native Hawaiian organization appointed by the President. Extends the authorization of appropriations for the Council through FY 1996.
Prohibits public access to certain information about historic resources in specified circumstances.
Establishes in the Department of the Interior a National Center for Preservation Technology and Training to develop and facilitate training in, and to develop and distribute, preservation and conservation technologies for identifying, evaluating, conserving, and interpreting prehistoric and historic resources. Establishes a Preservation Technology and Training Board to: (1) provide leadership, policy advice, coordination, and professional oversight to the Center; (2) advise on priorities and the allocation of grants among Center activities; and (3) submit an annual report to the President and the Congress. Provides for grants to Federal and private entities with demonstrated institutional capabilities and commitments to the purposes of the Center. Authorizes appropriations.
Requires the Secretary to further develop the National Park Service preservation centers and regional offices.
Amends the Historic Sites, Buildings, and Antiquities Act to prohibit the obligation or expenditure of funds for historic site restoration unless appropriations have been specifically authorized by law.
Removes restrictions on the use of appropriations for the Martin Luther King, Jr., National Historic Site in Georgia.
Directs the Secretary to report to the Congress on the manner in which properties are listed or determined to be eligible for listing on the National Register.
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Bill titles: To authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming.; Central Utah Project Completion Act; Central Valley Project Improvement Act; Grand Canyon Protection Act of 1992; Lake Andes-Wagner/Marty II Act of 1992; Mid-Dakota Rural Water System Act of 1992; National Historic Preservation Act Amendments of 1992; Reclamation Recreation Management Act of 1992; Reclamation Wastewater and Groundwater Study and Facilities Act; San Carlos Apache Tribe Water Rights Settlement Act of 1992; Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act; Western Water Policy Review Act of 1992
Links for more info on the vote: congress.gov