Home > 106th Congressional Bills > S. 1694 (es) 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. [Engrossed in Senate] ...

S. 1694 (es) 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. [Engrossed in Senate] ...

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                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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.

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



    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 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) 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.

                        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, 2005''.
    (b) Assistance for Drought-Related Planning in Reclamation 
States.--Such Act is further amended by adding at the end of title I 
the following:
    ``(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) 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
        (2) the Secretary has issued a determination that such 
    facilities are fully operative as intended.



    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 


    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, or occurrence 
based on its prior ownership or operation of the conveyed property.



    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 
            (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. 615).
        (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 District.
    (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 
    (c) Mitigation and Restoration Payments.--The District shall 
continue to be obligated to make payments under section 3407(c) of the 
Central Valley Project Improvement Act (106 Stat. 4726) through 2029.


    (a) In General.--Nothing in this title significantly expands or 
otherwise affects the use or operation of the Project from its current 
use and operation.
    (b) Right To Occupy and Flood.--On the date of the conveyance under 
section 503, the Chief of the Forest Service shall grant the District 
the right to occupy and flood portions of land in Tahoe National 
Forest, subject to the terms and conditions stated in an agreement 
between the District and the Supervisor of the Tahoe National Forest.
    (c) Changes in Use or Operation.--If the District changes the use 
or operation of the Project, the District shall comply with all 
applicable laws (including regulations) governing the change at the 
time of the change.

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