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] ...
S.1694
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,
TITLE I--HAWAII WATER RESOURCES STUDY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hawaii Water Resources Act of
2000''.
SEC. 102. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of Hawaii.
SEC. 103. HAWAII WATER RESOURCES STUDY.
(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
Representatives.
(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.
SEC. 104. WATER RECLAMATION AND REUSE.
(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
Hawaii''.
(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
SEC. 201. 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:
``SEC. 105. ASSISTANCE FOR DROUGHT-RELATED 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) 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.''.
TITLE III--CITY OF ROSEVILLE PUMPING PLANT FACILITIES
SEC. 301. CITY OF ROSEVILLE PUMPING PLANT FACILITIES: CREDIT FOR
INSTALLATION OF ADDITIONAL PUMPING PLANT FACILITIES IN ACCORDANCE
WITH AGREEMENT.
(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.
TITLE IV--CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Clear Creek Distribution System
Conveyance Act''.
SEC. 402. DEFINITIONS.
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.
SEC. 403. CONVEYANCE OF DISTRIBUTION SYSTEM.
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.
SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.
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.
SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
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;
and
(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.
SEC. 406. LIABILITY.
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.
TITLE V--SUGAR PINE DAM AND RESERVOIR CONVEYANCE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Sugar Pine Dam and Reservoir
Conveyance Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) District.--The term ``District'' means the Foresthill
Public Utility District, a political subdivision of the State of
California.
(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. 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.
SEC. 503. CONVEYANCE OF THE PROJECT.
(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
extinguished.
(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.
SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS.
(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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