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108th CONGRESS
2d Session
H. R. 4459
To authorize the Secretary of the Interior, acting through the Bureau
of Reclamation and in coordination with other Federal, State, and local
government agencies, to participate in the funding and implementation
of a balanced, long-term groundwater remediation program in California,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Pombo introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior, acting through the Bureau
of Reclamation and in coordination with other Federal, State, and local
government agencies, to participate in the funding and implementation
of a balanced, long-term groundwater remediation program in California,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Llagas Reclamation Groundwater
Remediation Initiative''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water
authority'' means the Santa Clara Valley Water District.
(3) Remediation fund.--The term ``Remediation Fund'' means
the California Basins Groundwater Remediation Fund established
pursuant to section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CALIFORNIA BASINS REMEDIATION.
(a) California Basins Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an
interest bearing account to be known as the California Basins
Groundwater Remediation Fund.
(2) Administration of remediation fund.--The Remediation
Fund shall be administered by the Secretary of the Interior,
acting through the Bureau of Reclamation. The Secretary shall
administer the Remediation Fund in cooperation with the local
water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Remediation Fund, including interest
accrued, shall be used by the Secretary to provide
grants to the local water authority to reimburse the
local water authority for the Federal share of the
costs associated with designing and constructing
groundwater remediation projects to be administered by
the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not
obligate any funds appropriated to the
Remediation Fund in a fiscal year until the
Secretary has deposited into the Remediation
Fund an amount provided by non-Federal
interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary
for a project are from funds provided to the
Secretary for that project by the non-Federal
interests.
(ii) Non-federal responsibility.--Each
local water authority shall be responsible for
providing the non-Federal amount required by
clause (i) for projects under that local water
authority. The State of California, local
government agencies, and private entities may
provide all or any portion of the non-Federal
amount.
(iii) Credits toward non-federal share.--
For purposes of clause (ii), the Secretary
shall credit the appropriate local water
authority with the value of all prior
expenditures by non-Federal interests made
after January 1, 2000, that are compatible with
the purposes of this section, including--
(I) all expenditures made by non-
Federal interests to design and
construct groundwater remediation
projects, including expenditures
associated with environmental analyses
and public involvement activities that
were required to implement the
groundwater remediation projects in
compliance with applicable Federal and
State laws; and
(II) all expenditures made by non-
Federal interests to acquire lands,
easements, rights-of-way, relocations,
disposal areas, and water rights that
were required to implement a
groundwater remediation project.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate remediation and protection
of the Llagas groundwater subbasin. In carrying out the activities
described in this section, the Secretary shall integrate such
activities with ongoing Federal and State projects and activities. None
of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Remediation Fund $25,000,000. Such funds shall
remain available until expended.
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