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Public Law 106-566
106th Congress

                                 An Act

   To direct the Secretary of the Interior to conduct a study on the 
 reclamation and reuse of water and wastewater in the State of Hawaii, 
      and for other purposes. <<NOTE: Dec. 23, 2000 -  [S. 1694]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

  TITLE <<NOTE: Hawaii Water Resources Act of 2000.>> I--HAWAII WATER 

SEC. 101. <<NOTE: 43 USC 390h note.>> SHORT TITLE.

    This title may be cited as the ``Hawaii Water Resources Act of 


    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) State.--The term ``State'' means the State of Hawaii.


    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation and in accordance with the provisions of this title and 
existing legislative authorities as may be pertinent to the provisions 
of this title, including: The Act of August 23, 1954 (68 Stat. 773, 
chapter 838), authorizing the Secretary to investigate the use of 
irrigation and reclamation resource needs for areas of the islands of 
Oahu, Hawaii, and Molokai in the State of Hawaii; section 31 of the 
Hawaii Omnibus Act (43 U.S.C. 422l) authorizing the Secretary to develop 
reclamation projects in the State under the Act of August 6, 1956 (70 
Stat. 1044, chapter 972; 42 U.S.C. 422a et seq.) (commonly known as the 
``Small Reclamation Projects Act''); and the amendment made by section 
207 of the Hawaiian Home Lands Recovery Act (109 Stat. 364; 25 U.S.C. 
386a) authorizing the Secretary to assess charges against Native 
Hawaiians for reclamation cost recovery in the same manner as charges 
are assessed against Indians or Indian tribes; is authorized and 
directed to conduct a study that includes--
            (1) a survey of the irrigation and other agricultural water 
        delivery systems in the State;
            (2) an estimation of the cost of repair and rehabilitation 
        of the irrigation and other agricultural water delivery systems;
            (3) an evaluation of options and alternatives for future use 
        of the irrigation and other agricultural water delivery systems 
        (including alternatives that would improve the use and

[[Page 114 STAT. 2819]]

        conservation of water resources and would contribute to 
        agricultural diversification, economic development, and 
        improvements to environmental quality); and
            (4) the identification and investigation of opportunities 
        for recycling, reclamation, and reuse of water and wastewater 
        for agricultural and nonagricultural purposes.

    (b) Reports.--
            (1)  <<NOTE: Deadline.>> In general.--Not later than 2 years 
        after appropriation of funds authorized by this title, the 
        Secretary shall submit a report that describes the findings and 
        recommendations of the study described in subsection (a) to--
                    (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                    (B) the Committee on Resources of the House of 
            (2) Additional reports.--The Secretary shall submit to the 
        committees described in paragraph (1) any additional reports 
        concerning the study described in subsection (a) that the 
        Secretary considers to be necessary.

    (c) Cost Sharing.--Costs of conducting the study and preparing the 
reports described in subsections (a) and (b) of this section shall be 
shared between the Secretary and the State. The Federal share of the 
costs of the study and reports shall not exceed 50 percent of the total 
cost, and shall be nonreimbursable. The Secretary shall enter into a 
written agreement with the State, describing the arrangements for 
payment of the non-Federal share.
    (d) Use of Outside Contractors.--The Secretary is authorized to 
employ the services and expertise of the State and/or the services and 
expertise of a private consultant employed under contract with the State 
to conduct the study and prepare the reports described in this section 
if the State requests such an arrangement and if it can be demonstrated 
to the satisfaction of the Secretary that such an arrangement will 
result in the satisfactory completion of the work authorized by this 
section in a timely manner and at a reduced cost.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $300,000 for the Federal share of the activities authorized 
under this title.


    (a) Section 1602(b) of the Reclamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h(b)) is amended by inserting 
before the period at the end the following: ``, and the State of 
    (b) The Secretary is authorized to use the authorities available 
pursuant to section 1602(b) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct the 
relevant portion of the study and preparation of the reports authorized 
by this title if the use of such authorities is found by the Secretary 
to be appropriate and cost-effective, and provided that the total 
Federal share of costs for the study and reports does not exceed the 
amount authorized in section 103.

[[Page 114 STAT. 2820]]

                        TITLE II--DROUGHT RELIEF


    (a) Relief for Hawaii.--Section 104 of the Reclamation States 
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214) is amended--
            (1) in subsection (a), by inserting after ``Reclamation 
        State'' the following: ``and in the State of Hawaii''; and
            (2) in subsection (c), by striking ``ten years after the 
        date of enactment of this Act'' and inserting ``on September 30, 

    (b) Assistance for Drought-Related Planning in Reclamation States.--
Such Act is further amended by adding at the end of title I the 
                          PLANNING IN RECLAMATION STATES.

    ``(a) In General.--The Secretary may provide financial assistance in 
the form of cooperative agreements in States that are eligible to 
receive drought assistance under this title to promote the development 
of drought contingency plans under title II.
    ``(b)  <<NOTE: Deadline.>> Report.--Not later than one year after 
the date of the enactment of the Hawaii Water Resources Act of 2000, the 
Secretary shall submit to the Congress a report and recommendations on 
the advisability of providing financial assistance for the development 
of drought contingency plans in all entities that are eligible to 
receive assistance under title II.''.


    (a) In General.--The Secretary shall credit an amount up to 
$1,164,600, the precise amount to be determined by the Secretary through 
a cost allocation, to the unpaid capital obligation of the City of 
Roseville, California (in this section referred to as the ``City''), as 
such obligation is calculated in accordance with applicable Federal 
reclamation law and Central Valley Project rate setting policy, in 
recognition of future benefits to be accrued by the United States as a 
result of the City's purchase and funding of the installation of 
additional pumping plant facilities in accordance with a letter of 
agreement with the United States numbered 5-07-20-X0331 and dated 
January 26, 1995. The Secretary shall simultaneously add an equivalent 
amount of costs to the capital costs of the Central Valley Project, and 
such added costs shall be reimbursed in accordance with reclamation law 
and policy.
    (b) Effective Date.--The credit under subsection (a) shall take 
effect upon the date on which--
            (1) the City and the Secretary have agreed that the 
        installation of the facilities referred to in subsection (a) has 
        been completed in accordance with the terms and conditions of 
        the letter of agreement referred to in subsection (a); and

[[Page 114 STAT. 2821]]

            (2) the Secretary has issued a determination that such 
        facilities are fully operative as intended.

        TITLE <<NOTE: Clear Creek Distribution System Conveyance 


    This title may be cited as the ``Clear Creek Distribution System 
Conveyance Act''.


    For purposes of this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) District.--The term ``District'' means the Clear Creek 
        Community Services District, a California community services 
        district located in Shasta County, California.
            (3) Agreement.--The term ``Agreement'' means Agreement No. 
        8-07-20-L6975 entitled ``Agreement Between the United States and 
        the Clear Creek Community Services District to Transfer Title to 
        the Clear Creek Distribution System to the Clear Creek Community 
        Services District''.
            (4) Distribution system.--The term ``Distribution System'' 
        means all the right, title, and interest in and to the Clear 
        Creek distribution system as defined in the Agreement.


    In consideration of the District accepting the obligations of the 
Federal Government for the Distribution System, the Secretary shall 
convey the Distribution System to the District pursuant to the terms and 
conditions set forth in the Agreement.


    Nothing in this title shall be construed to authorize the District 
to construct any new facilities or to expand or otherwise change the use 
or operation of the Distribution System from its authorized purposes 
based upon historic and current use and operation. Effective upon 
transfer, if the District proposes to alter the use or operation of the 
Distribution System, then the District shall comply with all applicable 
laws and regulations governing such changes at that time.


    Conveyance of the Distribution System under this title--
            (1) shall not affect any of the provisions of the District's 
        existing water service contract with the United States (contract 
        number 14-06-200-489-IR3), as it may be amended or supplemented; 
            (2) shall not deprive the District of any existing 
        contractual or statutory entitlement to subsequent interim 
        renewals of such contract or to renewal by entering into a long-
        term water service contract.


    Effective on the date of conveyance of the Distribution System under 
this title, the United States shall not be liable under any law for 
damages of any kind arising out of any act, omission,

[[Page 114 STAT. 2822]]

or occurrence based on its prior ownership or operation of the conveyed 

         TITLE <<NOTE: Sugar Pine Dam and Reservoir Conveyance 


    This title may be cited as the ``Sugar Pine Dam and Reservoir 
Conveyance Act''.


    In this title:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
            (2) District.--The term ``District'' means the Foresthill 
        Public Utility District, a political subdivision of the State of 
            (3) Project.--The term ``Project'' means the improvements 
        (and associated interests) authorized in the Foresthill Divide 
        Subunit of the Auburn-Folsom South Unit, Central Valley Project, 
        consisting of--
                    (A) Sugar Pine Dam;
                    (B) the right to impound waters behind the dam;
                    (C) the associated conveyance system, holding 
                reservoir, and treatment plant;
                    (D) water rights;
                    (E) rights of the Bureau described in the agreement 
                of June 11, 1985, with the Supervisor of Tahoe National 
                Forest, California; and
                    (F) other associated interests owned and held by the 
                United States and authorized as part of the Auburn-
                Folsom South Unit under Public Law 89-161 (79 Stat. 
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Water services contract.--The term ``Water Services 
        Contract'' means Water Services Contract #14-06-200-3684A, dated 
        February 13, 1978, between the District and the United States.


    (a) In General.--As soon as practicable after date of the enactment 
of this Act and in accordance with all applicable law, the Secretary 
shall convey all right, title, and interest in and to the Project to the 
    (b) Sale Price.--Except as provided in subsection (c), on payment by 
the District to the Secretary of $2,772,221--
            (1) the District shall be relieved of all payment 
        obligations relating to the Project; and
            (2) all debt under the Water Services Contract shall be 

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