legislation: 101-s-2969
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| 101-s-2969 | 101 | s | 2969 | Central Utah Project Completion Act | Water Resources Development | 1990-08-03 | 1990-09-18 | Subcommittee on Water and Power. Hearings held. Hearings printed: S.Hrg. 101-1110. | Senate | Sen. Garn, E. J. (Jake) [R-UT] | UT | R | G000072 | 1 | Central Utah Project Completion Act - Title I: Central Utah Project Construction - Increases the authorization of appropriations for the Colorado River Storage Project (CRSP) in order to provide for completion of the Central Utah Project. Requires the Secretary of the Interior to implement certain recommendations of that Department's Inspector General with respect to such additional funding. Prohibits the expenditure of funds provided by this Act for certain Utah reclamation projects and features. Terminates the authorization of appropriations for construction of any CRSP participating project located in the State of Utah five years after the enactment of this Act unless cost-sharing is agreed to and construction funds are requested by the Secretary. Requires such additional funding to also be made available for the planning and implementation of the fish and wildlife and recreation mitigation and conservation projects and studies authorized in this Act. Sets aside specified amounts of the funding made available for CRSP and such projects and studies for: (1) the Bonneville Unit of the Central Utah Project; and (2) the construction and rehabilitation of specified projects to increase efficiency, enhance beneficial uses, and achieve greater water conservation within the Uinta Basin Replacement Project. Imposes certain procedural requirements to be met before such construction or rehabilitation can begin. Provides for resolution of certain matters associated with the Uintah Indian Irrigation Project and the Brush Creek and Jensen Unit. Requires 35 percent cost sharing from non-Federal sources for the design, engineering, and construction of the features of the Bonneville Unit of the Central Utah Project for which specified amounts of the additional funding for CRSP have been set aside. Prohibits Federal funds from being provided to any non-Federal interest until such interest enters into binding agreements with the appropriate Federal authority to comply with this Act and all Federal fish, wildlife, recreation, and environmental laws with respect to the use of such funds. Imposes water conservation planning and management requirements on the Central Utah Water Conservancy District (the District). Authorizes certain water conservation studies. Provides funding for such water conservation plans and studies. Establishes the Utah Water Conservation Advisory Board to recommend water conservation standards and regulations for promulgation by State or local authorities in the service area of such petitioner of project water. Provides financial incentives for developing and implementing such water conservation plans and completing such water conservation studies. Provides for judicial review and citizen suits. Specifies certain requirements regarding the generation of hydroelectric power operations with respect to the Central Utah Project. Encourages the execution of operating agreements for certain reservoirs. Allows for the prepayment or other disposition of certain repayment contracts for construction of the Jordan Aqueduct System. Requires the Comptroller General to audit Central Utah Project cost allocations. Requires the Secretary to reallocate such costs as necessary. Imposes financial penalties for the use of Central Utah Project water to grow surplus crops until the construction costs of the facilities authorized by this title are repaid. Title II: 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. Directs the Commission to establish plans for fish and wildlife mitigation activities. Sets forth funding requirements for Commission activities and projects. Requires the District to acquire a specified amount of additional permanent storage waters for fish and wildlife purposes. Earmarks a specified amount of additional funding for such purposes. Sets forth requirements for certain minimum stream flows. Requires completion of the fish, wildlife, and recreation projects identified or proposed in the 1988 Definite Plan Report. Directs the Commission to acquire big game winter range lands to compensate for the impacts of Federal reclamation projects in Utah. Directs the Commission to construct big game crossings and wildlife escape ramps for the protection of big game animals along certain canals. Earmarks specified amounts of additional funding for such purposes. Sets forth requirements for the acquisition, rehabilitation, and enhancement of wetlands and fisheries. Requires that the project plan for the stabilization of high mountain lakes in the Upper Provo River drainage be revised to require that certain lakes be stabilized at levels beneficial for a fish habitat and recreation. Earmarks specified amounts of additional funding for: (1) specified riparian habitat development projects; (2) a Commission study of the impacts to soils and riparian fish and wildlife habitats in drainages that will experience substantially reduced water flows resulting from the operation of the Strawberry Collection System; (3) acquisition of wetland acreages; (4) fish habitat improvements to the Jordan River; (5) construction of recreational facilities for the Jordan River Parkway; (6) specified uses with respect to the Provo River Corridor; (7) certain improvements to Central Utah Project recreational features; and (8) mitigation and restoration of watersheds and fish and wildlife resources in Utah impacted by CRSP. Requires that project construction be concurrent and proportionate with the implementation of the fish, wildlife, and recreation mitigation and conservation schedule prepared by the Interagency Biological Assessment Team. Title III: Utah Reclamation Mitigation and Conservation Account - Establishes in the Treasury the Utah Reclamation Mitigation and Conservation Account for certain purposes, including to ensure that the level of environmental protection, mitigation, and enhancement achieved in connection with CRSP projects is preserved and maintained and that resources are available to address unfunded environmental impacts of such projects and unknown environmental needs within affected State areas. Sets forth procedures for Federal and State contributions to the Account and contributions from power revenues. Provides for funding of State fish and wildlife projects from the Account after the Commission has terminated. Sets forth requirements for managing the Account. Title IV: Ute Indian Rights Settlement - Provides for payment of financial compensation to the Ute Indian Tribe for the use of its water rights in the Uinta Basin. Allows tribal use of the Project's Bonneville Unit facilities. Grants the consent of the Congress to the Tribe to enter into a compact reserving waters to the Tribe and establishing the uses and management of such Tribal waters subject to re-ratification by the State and the Tribe. Authorizes appropriations for: (1) tribal farming operations; (2) reservoir, stream, habitat, and road improvements with respect to the Ute Indian Reservation; and (3) the Tribal Development Fund. Provides for the waiver of claims concerning the Tribe's water rights covered under the Agreement of September 30, 1965, including claims that the Tribe retains the right to develop lands set forth in the Ute Indian Compact and deferred in the Agreement. Title V: Short Title and Definition - Reclamation Projects Authorization and Adjustment Act of 1990. Title VI: 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. Title VII: Treatment of Drainage from the 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; and (2) install concrete lining on the rehabilitated portion of the Leadville Mine Drainage Tunnel. Specifies that: (1) such treatment plant shall be designed to treat the quantity and quality of effluent historically discharged from such Tunnel and to meet requirements of the Clean Water Act; and (2) design, construction, operation, and maintenance costs of the works authorized by this title shall be nonreimbursable. Requires the Secretary to submit the plans for design and operation of the works to the Administrator of the Environmental Protection Agency and the State of Colorado to obtain their views. Directs the Secretary, after such review and consultation, to notify the Speaker of the House of Representatives and the President Pro Tempore of the Senate that the discharge from the works will meet the requirements set forth in Federal Facilities Compliance Agreement No. FFCA-89-1 and in National Pollutant Discharge Elimination System permit No. CO-OO21717. Makes the Secretary responsible for operation and maintenance of the water treatment plant. 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, 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 for a period of not to exceed 60 days. 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. Requires a demonstration project plan to be submitted to the Congress before the project is implemented. Authorizes appropriations. Title VIII: Lake Meredith Salinity Control Project - 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. Prohibits the Federal contribution from exceeding 33 percent of the total project costs. 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. Authorizes appropriations. 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 the United States from the sale of water at the Cedar Bluff Unit be credited to the Reclamation Fund. Terminates a specified contractual obligation upon receipt of such payment by the Secretary. 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: Miscellaneous Provisions, Central Valley Project, California - Adds the area encompassed by the Yolo County Flood Control and Water Conservation District and Solano County into the service area of the Sacramento Valley Irrigation Canals, Central Valley Project, California. Authorizes the Secretary to enter into a long-term contract in accordance with Federal reclamation laws with the Toulumne Regional Water District, California, for the delivery of water from the New Melones Unit, Central Valley Project, California, to the county's water distribution system. Title XI: Salton Sea Research Project - Authorizes the Secretary to conduct a research project for the development of an enhanced evaporation system for saline water treatment. Requires that such project be located in the area of the Salton Sea of Southern California. Requires the non-Federal share of the cost of such project to be 50 percent of the total cost of the project. Requires the Secretary, no later than September 30, 1995, to submit a report to the House Interior Committee and the Senate Energy and Natural Resources Committee regarding the results of such project. Authorizes appropriations to carry out this title. 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: Name Change - Designates the Salt-Gila Aqueduct of the Central Arizona Project as the Fannin-McFarland Aqueduct. Title XIV: Warren Act Amendments - Amends the Warren Act to authorize the Secretary to make available surplus water or capacity in canals for use by municipal, industrial, and domestic customers, and for fish and wildlife protection. Title XV: Amendments to Reclamation Statutes - Amends the Reclamation Project Act of 1939 to provide that if any classification or reclassification of irrigable lands undertaken pursuant to such Act results in an increase in the outstanding construction charges or rate of repayment, the Secretary shall amend the contract to increase the construction obligation or rate of repayment. Amends the Reclamation Reform Act of 1982 to direct the Secretary to establish appropriate and effective penalties for failure to comply with any provision or regulation of such Act. Title XVI: Water Reclamation and Reuse - Authorizes the Secretary to participate with the City of San Diego, California, in the conduct of a study of conceptual plans for water reclamation and reuse. Prohibits the Federal share of study costs from exceeding 50 percent of their total. Authorizes appropriations. Title XVII: Mine Effluent Fishery - Authorizes and directs the Secretary to conduct a feasibility study on establishing a Federal fish hatchery in McDowell County, West Virginia. Authorizes the Secretary, contingent upon completion of such study and location of a suitable site and water supply, to construct the hatchery to be designated as the Carl R. Sullivan National Fish Hatchery. Authorizes appropriations. Title XVIII: McGee Creek Contract Adjustment - Authorizes and directs the Secretary to enter into a contract with the McGee Creek Water Authority, Oklahoma City, Oklahoma, accepting a specified payment. Terminates an earlier contract with such Water Authority upon acceptance of such payment. Provides that title to project facilities at the McGee Project shall remain with the United States. Title XIX: Water and Power Needs of Insular Areas - Directs the Secretary, acting through the Bureau of Reclamation, to undertake a comprehensive study of how the long-term water, sewage, and power needs of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands can be resolved. Requires the governments of such islands to be consulted during such study. Requires the Secretary to report study results and recommendations to the Congress within two years after enactment of this title. Authorizes appropriations. Title XX: Reclamation Reform Act Amendments - Reclamation Reform Act Amendments of 1990 - Amends the Reclamation Reform Act of 1982 to define "farm" or "farm operation" as any landholding or group of landholdings directly or indirectly farmed or operated by an individual, group, entity, trust, or any other combination or arrangement. Adds farming or farming operations under the requirements of such Act. States that certain ownership and full cost pricing limitations under such Act shall apply to any trust, trust beneficiary, and farm or farm operation operated by or for such trustee for one or more beneficiaries. Subjects farm or farm operations to certain reporting requirements of such Act and to certain certification requirements for the receipt of irrigation water in covered district lands. States that farms or farm operations shall not include any landholding of a religious or charitable entity or organization which qualifies as an individual under such Act (thereby excluding it from such Act's requirements). Provides that if a religious or charitable organization holds lands but fails to qualify as an individual for any part of such landholdings, then such nonqualifying part shall be considered lands held in excess of ownership limitation requirements under such and shall receive reclamation water only as excess lands. Restricts irrigation water benefits under such Act to citizens or resident aliens of the United States. Title XXI: Cost of Irrigation Water - Amends the Reclamation Projects Act of 1939 to require all contracts for the delivery of water used to raise agricultural price support crops under authority of such Act to include a provision which requires the organization receiving water to pay 50 percent of the full delivery cost beginning two years after enactment of this title and 100 percent of the full delivery cost beginning four years after enactment of this title, if the stocks of such commodity in Commodity Credit Corporation storage exceed an amount necessary to provide a reasonable reserve for shortages caused by drought, natural disaster, or any other disruption in supply. Specifies contracts, or amendments to contracts, for which such requirements shall not apply. Title XXII: Buy-American - Authorizes the Secretary to award to a domestic firm a contract that would be awarded to a foreign firm under competitive procedures, if: (1) the final product of the domestic firm will be completely assembled in the United States; (2) when completely assembled, no less than 51 percent of the final product of the domestic firm will be domestically produced; and (3) the difference between the bids submitted by the foreign and domestic firms is not more than six percent (Buy American requirement). Provides public interest, national security, or tariff regulation or agreement violation exceptions to such authority. Provides that if the Secretary determines that any person intentionally affixes a "Made in America" label to any product sold or shipped to the United States that is not made in America, the Secretary shall declare such person ineligible to receive a Federal contract or grant under any contract made under this Act for no less than three or no more than five years. Prohibits a person or enterprise domiciled under a foreign government from entering into a contract under this Act if their government unfairly maintains in government procurement a significant and persistent practice of discrimination against the U.S. products or services which results in identifiable harm to U.S. businesses. Title XXIII: Sunnyside Valley Irrigation District - Directs the Secretary to convey to the Sunnyside Valley Irrigation District in Sunnyside, Washington, all right, title, and interest of the United States (excluding oil, gas, and other mineral deposits) to a specified parcel of real property in Sunnyside, Washington. Title XXIV: Sly Park Unit Sale - Directs the Secretary, as soon as practicable after enactment of this Act, to sell the Sly Park Unit of the Central Valley Project, California, to the El Dorado Irrigation District, California, under specified terms and conditions. | 2026-03-24T12:48:03Z |