legislation: 102-hr-2684
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| 102-hr-2684 | 102 | hr | 2684 | Reclamation Projects Authorization and Adjustment Act of 1991 | Water Resources Development | 1991-06-19 | 1991-06-20 | See H.R.429. | House | Rep. Miller, George [D-CA-7] | CA | D | M000725 | 0 | Reclamation Projects Authorization and Adjustment Act of 1991 - Title I: 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. Declares that titles II through VI of this Act may be cited as the Central Utah Project Completion Act. Title II: Central Utah Project Construction - Authorizes additional appropriations for the Colorado River water storage project (CRSP), to be available solely for design, engineering, and construction of the facilities identified in this title, the planning and implementation of certain fish and wildlife and recreation mitigation and conservation projects and studies, and the Ute Indian Rights Settlement authorized under this Act. Requires the Secretary of the Interior (the Secretary) to implement specified recommendations prepared by the Inspector General of the Department of the Interior with respect to the financial management of the CRSP. Prohibits funding for specified reclamation projects and features within Utah. Permits counties in which such projects and features were proposed to be located to participate in certain local development projects. Provides for the termination of the authorization of appropriations for construction of any CRSP participating project located in Utah five years after the enactment of this Act unless the Secretary: (1) executes a cost-sharing agreement with non-Federal entities for construction of such project; and (2) has requested construction funds for such project. Directs the Secretary to: (1) make appropriated funds available in their entirety to non-Federal interests as provided for pursuant to the provisions of this Act; and (2) report to the Congress on the status of CRSP participating projects for which construction has not begun as of October 15, 1990. Makes specified amounts available, subject to certain restrictions, for features of the Bonneville Unit of the Central Utah Project (CUP), including: (1) an irrigation and drainage system; (2) a feasibility study and development of systems to allow groundwater recharge, management, and the conjunctive use of surface and groundwater resources; (3) a feasibility study of efficiency improvements in the management, delivery, and treatment of water in Wasatch County and construction of the Wasatch County Water Efficiency Project; (4) a feasibility study to reduce the salinity of Utah Lake; (5) a feasibility study of direct delivery of Colorado River Basin water from the Strawberry Reservoir or elsewhere in the Strawberry Collection System to the Provo River Basin to evaluate the potential for changes in existing importation patterns and quantities of water from the Weber and Duchesne River Basins; and (6) completing construction of the Diamond Fork System. Directs the Secretary, in exchange for and as a precondition to approval of the Strawberry Water Users Association's petition for Bonneville Unit water, to impose conditions on such approval so as to ensure that the Association manages and develops specified lands in a manner compatible with the management and improvement of adjacent Federal lands for wildlife purposes, natural values, and recreation. Prohibits the Secretary of Agriculture and the Secretary from permitting commercial or other development of specified Federal lands. Makes specified amounts available to increase efficiency, enhance beneficial uses, and achieve greater water conservation within the Uinta Basin, including funds for: (1) the construction of the Pigeon Water Reservoir, together with an enclosed pipeline conveyance system to divert water from Lake Fork River to Pigeon Water Reservoir and Sandwash Reservoir; (2) the construction of the McGuire Draw and Clay Basin Reservoirs; (3) the rehabilitation of Farnsworth Canal; and (4) the construction of permanent diversion facilities identified by the Utah Reclamation Mitigation and Conservation Commission on the Duchesne and Strawberry Rivers, the designs of which shall be approved by the Federal and State fish and wildlife agencies. Sets forth various requirements and restrictions on, and provisions setting conditions for the termination of authorizations for, the Bonneville Unit water development and the Uinta Basin replacement project. Authorizes the Secretary to: (1) contract with the Uintah Water Conservancy District for the retention by the United States of responsibility for part of the municipal and industrial water obligation with a corresponding part of the water supply to be controlled and marketed by the United States in conformance with State law; and (2) establish a conservation pool of 4,000 acre feet in Red Fleet Reservoir to enhance associated fishery and recreational opportunities and for other purposes recommended by the Commission, and enter into an agreement with the Utah Division of Parks and Recreation for the management and operation of Red Fleet recreational facilities. Requires that the non-Federal share of the costs for the design, engineering, and construction of the Bonneville Unit water development and the Uinta Basin replacement project be 35 percent and 50 percent for the specified feasibility studies. Specifies that the District may commence such studies prior to entering into binding agreements and upon execution of such agreements the Secretary shall reimburse the District an amount equal to the Federal share of the funds expended by the District. Prohibits the obligation or expenditure of amounts for such development and project, with exceptions, until: (1) the Secretary or the Central Utah Water Conservancy District (the District), at the District's option, completes a Definite Plan Report for the Bonneville Unit Irrigation System and a feasibility study for the Uinta project; (2) the requirements of the National Environmental Policy Act of 1969 have been satisfied; and (3) a plan has been developed and approved by the U.S. Fish and Wildlife Service to prevent any harmful contamination of waters due to concentrations of selenium or other such toxicants, if the Service determines that development of the particular system may result in contamination. Bars the provision of Federal funds under this Act to any non-Federal interest until any such interest enters into a binding agreement with the appropriate Federal authority to be considered a "Federal agency" for purposes of compliance with all Federal fish, wildlife, recreation, and environmental laws with respect to the use of such funds, and to comply with this Act. Requires the District, at the option of specified eligible counties, to rebate to such counties all ad valorem tax contributions paid by such counties to the District, with interest but less the value of any benefits received by such counties and less the administrative expenses incurred by the District to that date. Directs the Secretary, upon request of eligible counties that elect not to participate in the project, to provide as grants to such counties sums for potable water distribution and treatment, wastewater collection and treatment, agricultural water management, and other public infrastructure improvements approved by the Secretary. Bars the use of available funds for the draining of wetlands, the dredging of natural water courses, and planning or constructing water impoundments of greater than 5,000 acre feet, with exceptions. Requires the District to: (1) prepare and maintain a water management improvement plan, including specified water conservation goals and providing for a water management improvement inventory; (2) establish a continuous process for the identification, evaluation, and implementation of water conservation measures, and submit a report thereon to the Secretary; (3) prepare and transmit to the Secretary a study of wholesale and retail pricing to encourage water conservation, and a study of the coordinated operation of independent municipal, industrial, and irrigation water systems; and (4) evaluate cost-effective flexible operating procedures that will serve specified purposes, including improving the availability and reliability of the water supply, coordinating the timing of reservoir releases, assisting in managing drought emergencies, and encouraging the maintenance of existing wells and other facilities which may be placed on standby status when water deliveries from the project become available. Earmarks funding for such purposes. Authorizes the Governor of Utah (or, if the Governor fails to do so, directs the Secretary) to establish the Utah Water Conservation Advisory Board. Directs the Board to recommend water conservation standards and regulations for promulgation by State or local authorities in the service area of each petitioner of project water. Requires the District to pay a surcharge for each year of substantial noncompliance according to a specified formula. Sets forth provisions with respect to: (1) judicial review; (2) citizen suits; (3) jurisdiction and venue; and (4) costs awarded by the Court. Requires that hydropower generation facilities associated with the CUP operate in accordance with a specified statute. Prohibits the diversion of Colorado River Basin waters exclusively for power generation purposes. Requires the District to utilize its best efforts to achieving operating agreements for the Jordanelle Reservoir, Deer Creek Reservoir, Utah Lake, and Strawberry Reservoir. Authorizes the prepayment of certain expenses in connection with the Jordan Aqueduct System. Requires the Comptroller General to audit project cost allocations among the various project purposes and submit a report to the Secretary and to the Congress. Grants the Secretary authority to reallocate project costs and to defer repayment of such costs under certain circumstances. Directs the Secretary, until the construction costs of certain facilities authorized by this Act are repaid, to impose a surcharge for the use of CUP water used in the production of any commodity crop for which an acreage reduction program is in effect under provisions of the Agricultural Act of 1949 if the stocks of such commodity held in storage by the Commodity Credit Corporation exceed an amount that the Secretary of Agriculture determines is necessary to provide for a reserve of such commodity that can reasonably be expected to meet a shortage caused by drought, natural disaster, or other disruption in the supply of such commodity. Title III: 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. Requires the Commission to complete certain plans and submit specified reports. Provides funding for the Commission. Directs the District to acquire, with funds provided by the Commission, specified water rights in the Utah Lake drainage basin. Earmarks specified funds for such acquisition. Specifies that water purchases which would have the effect of compromising groundwater resources or dewatering agricultural lands in the Upper Provo River areas should be avoided. Provides all water rights after such acquisition to the Utah Division of Wildlife Resources for maintaining certain instream flows for fish, wildlife, and recreation purposes in the Provo River. Earmarks funds for diversion purposes. Directs the District, annually, to provide amounts of water sufficient to sustain minimum stream flows established pursuant to a prior Stream Flow Agreement. Directs the District to acquire with Commission funds all of the Strawberry Basin water rights being diverted to the Heber Valley through the Daniels Creek drainage and to apply such rights to increase the minimum stream flows of streams and rivers in the Strawberry River and Reservoir area. Earmarks funds for such acquisition. Bars the District from leasing water from the Daniels Creek Irrigation Company before the beginning of FY 1993. Directs the District to construct a Daniels Creek replacement pipeline from the Jordanelle Reservoir to the existing Daniels Creek Irrigation Company water storage facility. Authorizes the exchange of Daniels Creek replacement water by the District with Strawberry Basin water to provide a permanent supply of water for minimum flows, subject to specified restrictions. Requires the yield and operating plans for the Bonneville Unit of the CUP to be established or adjusted to provide for specified minimum stream flows for streams and rivers in the Diamond Fork and Provo Rivers. Requires such minimum flows to be provided continuously and in perpetuity from the date first feasible as determined by the Commission. Directs the District to prepare a study and develop a mitigation plan of the effects of peak season flows in the Provo River. Earmarks specified funds for such study and plan. Provides that, upon completion of the Diamond Fork water delivery system, the Strawberry Tunnel shall no longer be used, except for delivery of water for specified instream purposes. Provides an exception where the District has determined that the Syar Tunnel or the Sixth Water Aqueduct is rendered unusable or emergency circumstances require the use of the Strawberry Tunnel for the delivery of contracted CUP water and Strawberry Valley Reclamation Project water. Requires the fish, wildlife, and recreation projects identified or proposed in the Definite Plan Report (a May 1988 report for the Bonneville Unit of the CUP) which have not been completed as of the enactment of this Act to be completed in accordance with such Report and a fish, wildlife, and recreation mitigation schedule set forth in this Act, with exceptions. Directs the Commission to acquire on an expedited basis big game winter range lands to compensate for the impacts of Federal reclamation projects in Utah. Requires such acquired lands to be transferred to the Utah Division of Wildlife Resources or, for such parcels as may be within the boundaries of Federal land ownerships, to the appropriate Federal agency, for management as a big game winter range. Specifies that, in the case of such transfers, lands acquired within the boundaries of a national forest shall be administered by the Secretary of Agriculture as part of the National Forest System. Requires the Commission to construct big game crossings and wildlife escape ramps for the protection of big game animals along the Provo Reservoir Canal, Highline Canal, Strawberry Power Canal, and others. Earmarks funds for such construction. Earmarks funds for the planning and implementation of projects to preserve, rehabilitate, and enhance wetlands areas around the Great Salt Lake in accordance with a plan to be developed by the Commission. Requires the Commission to inventory, prioritize, and map the occurrences in Utah of sensitive nongame wildlife species and their habitat and sensitive plant species and ecosystems. Earmarks funds for such purposes. Directs the Commission to acquire private land, water rights, conservation easements, or other interests necessary for the establishment of the Utah Lake Wetlands Preserve. Directs the Secretary to enter into an agreement under which the Wetlands Preserve shall be managed by the Utah Division of Wildlife Resources pursuant to a plan developed in accordance with this Act and the substantive requirements of the National Wildlife Refuge System Administration Act of 1966. Requires that the Wetlands Preserve be managed for the protection of migratory birds, wildlife habitat, and wetland values in a manner compatible with the surrounding farmlands, orchards, and agricultural production area, with limited grazing. Makes funds available for the acquisition of such land, water rights, and other interests for the establishment of the Wetlands Preserve. Bars the acquisition of lands, easements, or water rights without the consent of the owner of such lands or water rights. Specifies that base property of a lessee or permitee under a Federal grazing permit or lease held on the date of enactment of this Act shall include land of such lessee or permitee acquired by the Commission under this Act. Authorizes the Commission to compensate landowners adjacent to the Wetlands Preserve who experience losses attributable to: (1) the establishment of the Wetlands Preserve; (2) provable economic losses directly resulting from the Wetlands Preserve management practices contrary to this Act; or (3) manipulation of water levels within the Wetlands Preserve, subject to specified limitations. Prohibits the United States from issuing Federal permits allowing commercial, industrial, or residential development on the southern portion of Provo Bay in Utah Lake, with exceptions. Earmarks specified funds for fisheries acquisition, rehabilitation, and improvements within Utah. Requires the project plan for the stabilization of high mountain lakes in the Upper Provo River drainage to be revised to provide for the stabilization of specified lakes in such area at levels beneficial for fish habitat and recreation. Earmarks specified funds for stabilization and fish and wildlife habitat restoration in such lakes. Earmarks specified funds for stream access and riparian habitat development in Utah at specified areas. Earmarks funds to the Commission to conduct a study of the impacts to soils and riparian fish and wildlife habitats in drainages that will experience substantially-reduced water flows resulting from operation of the Strawberry Collection System. Earmarks specified funds for: (1) Jordan River fish habitat improvements and riparian habitat rehabilitation; (2) acquisition of the wetland acreages along the Jordan River; (3) recreational facilities within Utah, Wasatch, and Salt Lake Counties for the Provo/Jordan River Parkway; and (4) riparian habitat acquisition and preservation, stream habitat improvements, and recreation and angler access along the Provo River in specified areas. Earmarks specified funds for: (1) specified CUP recreation features; (2) watershed and fish and wildlife improvements in the Fremont River drainage; (3) small dams and watershed improvements in specified areas within Utah and the CUP; and (4) the planning and implementation of improvements to existing hatchery facilities or the construction and development of new hatcheries for areas affected by the CRSP. Provides certain restrictions in connection with the appropriation of funds for the CRSP. Outlines the fish, wildlife, and recreation mitigation and conservation schedule. Earmarks a specified percentage of funds allocated for scheduled projects for use by the Secretary to: (1) restore damaged natural ecosystems affected by the Federal reclamation program in a manner that provides for jobs and sustainable economic development; (2) expand recreational activities; and (3) support research and training in ecosystem restoration. Title IV: Utah Reclamation Mitigation and Conservation Account - Establishes in the Treasury the Utah Reclamation Mitigation and Conservation Account. Provides for deposits into such Account by Federal, State, and project beneficiary contributors. Authorizes the Commission, subject to appropriation by the Congress made in advance of such expenditure, to administer and expend all sums deposited into the Account. Requires the Utah Division of Wildlife Resources, or its successors, to receive all amounts contributed annually to the Account from Utah power contractors and all interest on the principal of the Account at the beginning of each year. Requires funds received by the Utah Division of Wildlife Resources to be expended in accordance with a conservation plan, and amendments thereto, to be developed by the Utah Division of Wildlife Resources. Specifies that the financial management of the Account shall be subject to audit by the Inspector General of the Department of the Interior. Title V: Ute Indian Rights Settlement - Provides that, commencing July 1, 1992, and continuing for 50 years, the Ute Indian Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to 35,500 acre-feet of water representing a portion of the Tribe's water rights which will not be supplied from the CUP because the Upalco and Uintah units are not to be constructed. Directs the Tribe, commencing in the year 2042, to receive seven percent of the fair market value of the Bonneville Unit agricultural water which has been converted to municipal and industrial water, to be utilized by the Tribe for governmental purposes, not distributed per capita, and to be used to enhance educational, social, and economic opportunities for the Tribe. Authorizes the Secretary to make any unused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities available for use by the Tribe. Allows the Tribe at any time to elect to return all or a portion of the water which is delivered for use in the Uintah Basin. Ratifies and approves the revised compact reserving waters to the Ute Indian Tribe and establishing the uses and management of such tribal waters, subject to reratification by the State of Utah and the Tribe. Authorizes the Secretary to take all actions necessary to implement such compact. Restricts the disposal of waters secured to the Tribe in such compact into or in the Lower Colorado River Basin. Specifies that the use of water rights concerning such waters shall be governed solely as provided in this Act and in such compact. Earmarks specified amounts of the funds authorized under title II: (1) to permit the Ute Tribe to develop a farming/feed lot operation equipped with satisfactory water facilities, as well as a plan and a fund in connection with other farming projects of the Tribe; (2) to permit the Secretary to repair a leak in the Cedarview Reservoir in Dark Canyon, Utah; (3) to permit the Secretary to undertake stream improvements for certain rivers and creeks within Utah, under a specified condition; (4) to permit the Secretary to clean the Bottle Hollow Reservoir on the Ute Indian Reservation of trash and debris resulting from a submerged sanitary landfill, to remove all nongame fish, and to secure minimum flow of water to the reservoir to make it a suitable habitat for a cold water fishery; (5) for development of big game hunting, fisheries, campgrounds, and fish and wildlife management facilities on the Uintah and Ouray Reservation; (6) for Tribal participation in the construction of pipelines associated with the Duchesne County Municipal Water Conveyance System; and (7) for the Tribal Development Fund which the Secretary is authorized and directed to establish for the Ute Indian Tribe. Directs the Secretary to endeavor to maintain minimum stream flows from the outlet works of the Upper Stillwater Dam into Rock Creek during specified periods of the year. Directs the Bureau of Reclamation to transfer specified land at the proposed site of the Lower Stillwater Reservoir to the Forest Service as a wildlife mitigation measure. Directs the Tribe to prepare a Tribal Development Plan for all or part of the Tribal Development Fund. Bars the Secretary from obligating or expending sums from the Fund for any economic project to be developed or constructed pursuant to this Act, unless the Secretary has complied fully with the requirements of applicable fish, wildlife, recreation, and environmental laws. Authorizes the Tribe to waive and release claims concerning or related to water rights as described. Authorizes the Tribe to resurrect such claims if funds authorized for the Tribe under this Act are not actually received. Title VI: Endangered Species Act and National Environmental Policy Act - Specifies that nothing in this Act shall be interpreted as modifying or amending the provisions of the Endangered Species Act of 1973 or the National Environmental Policy Act of 1969. Title VII: Treatment of Drainage from the Leadville Mine Drainage Tunnel, Colorado - Authorizes the Secretary of the Interior to: (1) 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. Authorizes appropriations. Specifies that: (1) such treatment plant shall be designed to treat the quantity and quality of effluent historically discharged from such Tunnel; and (2) construction, operation, and maintenance costs of the works authorized by this title shall be nonreimbursable. Makes the Secretary responsible for operation, maintenance, and replacement 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, at least sixty days 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. 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. Title VIII: Lake Meredith 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. Prohibits Kansas from permitting 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 - Adds the area encompassed by the Yolo County Flood Control and Water Conservation District and Solano and Napa Counties 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 Tuolumne Regional Water District, California, for the delivery of water from the New Melones project to the county's water distribution system. Title XI: Salton Sea Research Project - Directs the Secretary to conduct a research project for the development of a method to reduce and control salinity in inland water bodies, including testing a system for treatment of saline waters. 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 25 percent of the total cost of the project. Requires the Secretary, no later than September 30, 1996, to submit a report to the House Interior and Insular Affairs Committee and the Senate Energy and Natural Resources Committee regarding the results of such project. Authorizes appropriations. Title XII: Amendment to Sabine River Compact - Grants the consent of the Congress to an amendment concerning membership 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: Excess Storage and Carrying Capacity - Authorizes the Secretary to enter into contracts with municipalities, public water districts and agencies, other Federal agencies, State agencies, and private entities for the impounding, storage, and carriage of water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes from any facilities associated with the Central Valley Project, Cachuma Project, and the Ventura River Project, California. Title XV: Amendment to the Reclamation Project Act of 1939 - 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. 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 the cost of such study from exceeding 50 percent of the total cost of the study. Authorizes appropriations. Title XVII: Reclamation Reform Act of 1982 - Reclamation Reform Act Amendments of 1991 - Amends the Reclamation Reform Act of 1982 to define "farm" or "farm operation" as any landholding or group of landholdings farmed or operated by an individual, group, entity, trust, or any other combination or arrangement. Applies requirements of such Act to farms and farming operations. States that certain ownership and pricing limitations under such Act shall apply to any trust beneficiary in the same manner as any other individual. 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 Act 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 XVIII: Grand Canyon Protection - Grand Canyon Protection Act - Directs the Secretary to: (1) operate Glen Canyon Dam and take other reasonable mitigation measures to protect, mitigate adverse impacts to, and improve the condition of the environmental, cultural, and recreational resources of Grand Canyon National Park and Glen Canyon National Recreation Area; (2) promulgate interim operating procedures for Glen Canyon Dam in consultation with the Department of the Interior, the Secretary of Energy, specified State Governors, and Indian tribes and with the full participation of the general public, including the academic and scientific communities, environmental organizations, the recreation industry, and contractors for the purchase of Federal power produced at Glen Canyon Dam; (3) implement such procedures pending development of long-term operating procedures; and (4) establish and implement long-term monitoring requirements. Subjects such operating procedures to the water storage and delivery functions of Glen Canyon Dam pursuant to laws relating to allocation of the Colorado River. Authorizes the Secretary of the Interior to deviate from such interim operating procedures to: (1) comply with environmental impact study requirements; (2) respond to hydrologic extremes or power system operating emergencies; or (3) further reduce adverse impacts on resources downstream. Directs the Secretary, no later than December 31, 1993, to complete the Glen Canyon Environmental Studies and the final Glen Canyon Dam Impact Statement as required under the National Environmental Policy Act of 1969. Directs the Comptroller General to review the costs and benefits to water and power users and to natural, recreational, and cultural resources resulting from management policies and dam operations identified in the Statement and report the results of such review to the Secretary and the Congress. Directs the Secretary to implement the long-term operating procedures for the Dam, based on the Studies and the Statement and review, alone or in combination with other reasonable mitigation measures, and to submit the Studies and the Statement and the long-term operating procedures to the Congress. Prohibits such long-term operating procedures from interfering with the primary water storage and delivery functions of the Glen Canyon Dam pursuant to laws relating to allocation of the Colorado River. Amends the Colorado River Storage Project Act to prohibit the Secretary from operating the hydroelectric powerplant at the Dam in a manner which causes significant and avoidable adverse effects on resources of the Glen Canyon National Park or the Glen Canyon National Recreation Area. Authorizes appropriations. Provides that nothing in this Act shall be interpreted as modifying or amending laws relating to environmental or natural resources protection, with regard to the operation of the Glen Canyon Dam. Title XIX: Mid-Dakota Rural Water System - Mid-Dakota Rural Water System Act of 1991 - Authorizes the Secretary to make grants and loans to Mid-Dakota Rural Water System, Inc. (Mid-Dakota), a nonprofit corporation, for the planning and construction of the Mid-Dakota Rural Water System (water system), subject to specified terms and conditions. Limits grants available to the water system to 85 percent of the amount authorized to be appropriated under this title. Bars the Secretary from obligating funds for the construction of the water system until: (1) the requirements of the National Environmental Policy Act of 1969 have been met; and (2) a final engineering report has been prepared and submitted to the Congress for a period of not less than 90 days. Directs: (1) the Secretary to coordinate with the Secretary of Agriculture, to the extent practicable, grant and loan assistance made under this title with similar assistance available under the Consolidated Farm and Rural Development Act; and (2) the Secretary of Agriculture to take into consideration grant and loan assistance available under this title when considering whether to provide similar assistance under such Act. Requires the Secretary to make: (1) grants and otherwise make funds available to Mid-Dakota and other private, State, and Federal entities for the initial development of the wetland component; and (2) a grant of up to $100,000 annually to Mid-Dakota for the operation and maintenance of such component. Provides that such funds shall be nonreimbursable and nonreturnable. Bars the Secretary from obligating Federal funds for construction of the water system until he finds that non-Federal entities have developed and implemented specified water conservation programs throughout the service area of the water system. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water system shall be on an acre for acre basis, based on ecological equivalency, concurrent with project construction. Directs the Western Area Power Administration, from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water system during the summer electrical season, subject to specified conditions. Permits the use of and connection of water system facilities to Government facilities at the Oahe powerhouse and pumping plant and their use for the purpose of supplying water to the water system to the extent that such use does not detrimentally affect the use of those Government facilities for the other purposes for which they are authorized. Establishes a wetland trust, to be administered by the South Dakota Game, Fish and Parks Foundation. Directs the Secretary to make specified contributions to such trust. Creates an advisory committee to provide the Board of Directors of the Foundation with necessary technical expertise and the benefit of a multiagency perspective. Sets forth provisions with respect to: (1) the composition of the advisory committee; (2) the operation of the trust; and (3) the investment of trust funds. Authorizes appropriations. Title XX: Lake Andes-Wagner, South Dakota - Directs the Secretary, through the Bureau of Reclamation and with the assistance and cooperation of an oversight committee, to carry out a demonstration program in accordance with a May 1990 Demonstration Program Plan of Study, which includes: (1) the development of accurate means of quantifying projected irrigation and drainage requirements and drainage return flow quality and quantity with respect to glacial tills and other soils found in the areas to be served by the Lake Andes-Wagner Unit and Marty II Unit; (2) development of best management practices for improving irrigation water use; (3) investigation of the potential for enhancement of wetlands and fish and wildlife within the areas; and (4) investigation of the suitability of glacial till soils for crop production under irrigation. Requires study sites for the carrying out of such program to be obtained through leases from landowners who voluntarily agree to participate in the demonstration program under specified conditions. Provides for the sale of crops grown under the demonstration program. Outlines other demonstration program provisions, including annual reporting requirements. Requires the demonstration phase of the program to terminate at the end of the fifth full irrigation season. Directs the Secretary, on the basis of the concluding report and recommendations of the program, to comply with the study and reporting requirements of the National Environmental Policy Act and regulations issued to implement its provisions with respect to the units. Grants preference in employment under this title to members of the Yankton-Sioux tribe. Authorizes appropriations. Earmarks funds for projects to mitigate the adverse effects of selenium on fish and wildlife in Western National Wildlife Refuges. Title XXI: Insular Areas Study - Declares that assuring adequate supplies of water, sewerage, and power for the residents of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Trust Territory of the Pacific Islands, and the Virgin Islands has become a problem of such magnitude that the welfare and prosperity of these insular areas require the Federal Government to assist in finding permanent, long-term solutions to their water, sewerage, and power problems. Authorizes and directs the Secretary to undertake a comprehensive study of how the long-term water, sewerage, and power needs of such areas can be resolved. Authorizes appropriations to the Secretary of Energy for specified fiscal years for grants to insular area governments to carry out projects to evaluate the feasibility of, develop options for, and encourage the adoption of energy efficiency and renewable energy measures which reduce the dependence of the insular area on imported fuels and improve the quality of life in such area. Title XXII: Sunnyside Valley Irrigation District, Washington - Directs the Secretary of the Interior to convey to Sunnyside Valley Irrigation District of Sunnyside, Washington, without consideration, all U.S. right, title, and interest, excluding oil, gas, and other mineral deposits, in specified lands in Sunnyside, Washington. Title XXIII: Platoro Dam and Reservoir, Colorado - Authorizes and directs the Secretary of the Interior to: (1) accept a one-time payment from the Conejos Water Conservancy District, Colorado, in lieu of certain repayment obligations; and (2) enter into an agreement for the transfer of the operation and maintenance functions of the Platoro Dam and Reservoir, including flood control operations, to the District. Provides that title to the Dam and Reservoir and authority over its recreational use shall remain with the United States. Subjects such transfer to the following conditions: (1) that releases from the Reservoir flush out the channel of the Conejos River periodically to maintain the hydrologic regime of the River; (2) that releases from the Reservoir contribute to even water flows in the fall season for protection of the brown trout spawn; (3) that operation of the Dam and Reservoir for water supply uses shall be paramount to channel flushing and fishery objectives; (4) that the District maintain a permanent pool in the Reservoir for fish, wildlife, and recreational purposes; (5) that the District maintain specified releases of water from October through April and bypass a specified amount of second or natural inflow, whichever is less, from May through September; and (6) that the U.S. Forest Service regularly monitor operation of the Reservoir. Requires the Corps of Engineers to retain authority for the operation of the Dam and Reservoir for flood control purposes. Requires the transfer to be in compliance with the Rio Grande Compact of 1939 and all other applicable laws and regulations. Specifies that the District shall have sole responsibility for maintaining: (1) all associated facilities of the Dam and Reservoir; and (2) the land and buildings in the Platoro townsite in a condition satisfactory to the Forest Service. Title XXIV: Sly Park Unit, Central Valley Project - Sly Park Unit Sale Act - Directs the Secretary of the Interior to sell the Sly Park Unit, California, to the El Dorado Irrigation District, city of Placerville, El Dorado County, California. Describes the Sly Park Unit as including the Sly Park Dam and Reservoir, Camp Creek Diversification Dam and Tunnel, and conduits and canals as authorized under the American River Act. Title XXV: Cost for Delivery of Water Used to Produce the Crops of Certain Agricultural Commodities - 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 XXVI: High Plains Groundwater Program - Amends the High Plains States Groundwater Demonstration Program Act of 1983 to require the Secretary to make additional recommendations for the design, construction, and operation of demonstration projects for the recharge of aquifers. Requires each such project to terminate within five years after project construction is completed. Provides for the submission of a final report to the Congress, including a detailed evaluation of the projects. Authorizes appropriations. Title XXVII: Solano Project Transfer and Putah Creek Improvement - Solano Project Transfer and Putah Creek Improvement Act - Directs the Secretary to transfer all title to certain water supply facilities of the Solano Project, California, in accordance with an agreement to enhance Putah Creek and other specified conditions, to users of water from the Project. Requires the Secretary to retain title to Lake Berryessa, Federal lands surrounding the Lake, and specified recreational facilities. Authorizes and directs the Secretary to participate in a program, a full Federal cost, to enhance the instream, riparian, and environmental values of Putah Creek. Authorizes appropriations. Provides that all proceeds from the transfer of the Solano Project will be dedicated to environmental purposes. Title XXVIII: Desalination - Authorizes the Secretary to provide technical assistance to States and local government entities to assist in the development, construction, and operation of water desalination projects. Title XXIX: San Juan Suburban Water District - Provides reimbursement by the Secretary for the costs of water pumps purchased by the San Juan Suburban Water District, California, for installation at Folsom Dam, Central Valley Project, California. | 2025-08-26T15:13:42Z |