[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 29 Reported in Senate (RS)]
Calendar No. 1008
110th CONGRESS
2d Session
H. R. 29
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2008
Received; read twice and referred to the Committee on Energy and
Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to construct facilities to
provide water for irrigation, municipal, domestic, military, and other
uses from the Santa Margarita River, California, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. DEFINITIONS.</DELETED>
<DELETED> For the purposes of this Act, the following definitions
apply:</DELETED>
<DELETED> (1) District.--The term ``District'' means the
Fallbrook Public Utility District, San Diego County,
California.</DELETED>
<DELETED> (2) Project.--The term ``Project'' means the
impoundment, recharge, treatment, and other facilities the
construction, operation, watershed management, and maintenance
of which is authorized under section 2.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, unless otherwise stated.</DELETED>
<DELETED>SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA
RIVER PROJECT.</DELETED>
<DELETED> (a) Authorization.--The Secretary, acting pursuant to the
Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
construct, operate, and maintain the Project substantially in
accordance with the final feasibility report and this Act.</DELETED>
<DELETED> (b) Conditions.--The Secretary may construct the Project
only after the Secretary determines that the following conditions have
occurred:</DELETED>
<DELETED> (1) The District and the Navy have entered into
contracts under sections 9(c)2 and 9(e) of the Reclamation
Project Act of 1939 to repay to the United States equitable and
appropriate portions, as determined by the Secretary, of the
actual costs of constructing, operating, and maintaining the
Project.</DELETED>
<DELETED> (2) The officer or agency of the State of
California authorized by law to grant permits for the
appropriation of water has granted such permits to the Bureau
of Reclamation for the benefit of the Department of the Navy
and the District as permittees for rights to the use of water
for storage and diversion as provided in this Act, including
approval of all requisite changes in points of diversion and
storage, and purposes and places of use.</DELETED>
<DELETED> (3) The District has agreed that it will not
assert against the United States any prior appropriative right
the District may have to water in excess of the quantity
deliverable to it under this Act, and will share in the use of
the waters impounded by the Project on the basis of equal
priority and in accordance with the ratio prescribed in section
4(b). This agreement and waiver and the changes in points of
diversion and storage under paragraph (2), shall become
effective and binding only when the Project has been completed
and put into operation and may be varied by agreement between
the District and the Secretary of the Navy.</DELETED>
<DELETED> (4) The Secretary has determined that the Project
has economic, environmental, and engineering
feasibility.</DELETED>
<DELETED>SEC. 3. COSTS.</DELETED>
<DELETED> Upon completion of the construction of the Project, the
Department of the Navy shall be responsible to repay to the Secretary
only that portion of the construction, operation and maintenance costs
of the Project that the Secretary and the Secretary of the Navy
determine reflects the extent to which the Department of the Navy
benefits from the Project. Provided that the Secretary is hereby
authorized to enter into a contract with the Secretary of the Navy for
the impounding, storage, treatment, and carriage of prior rights water
for domestic, municipal, fish and wildlife, industrial and other
beneficial purposes using Project facilities.</DELETED>
<DELETED>SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.</DELETED>
<DELETED> (a) Operation.--The operation of the Project, subject to a
memorandum of agreement between the Secretary, the Navy, and the
District and under regulations satisfactory to the Secretary of the
Navy with respect to the Navy's share of the project, may be by the
Secretary, the District, or a third party consistent with section
6.</DELETED>
<DELETED> (b) Yield Allotment.--Except as otherwise agreed between
the parties, the Department of the Navy and the District shall
participate in the Project yield on the basis of equal priority and in
accordance with the following ratio:</DELETED>
<DELETED> (1) 60 percent of the Project's yield is allotted
to the Secretary of the Navy.</DELETED>
<DELETED> (2) 40 percent of the Project's yield is allotted
to the District.</DELETED>
<DELETED> (c) Contracts for Delivery of Excess Water.--</DELETED>
<DELETED> (1) Excess water available to other persons.--If
the Secretary of the Navy certifies to the official agreed upon
to administer the Project that the Department of the Navy does
not have immediate need for any portion of the 60 percent of
the Project's yield allotted to the Secretary of the Navy under
subsection (b), the official may enter into temporary contracts
for the sale and delivery of the excess water.</DELETED>
<DELETED> (2) First right for excess water.--The first right
to excess water to be made available under paragraph (1) shall
be given the District, if otherwise consistent with the laws of
the State of California.</DELETED>
<DELETED> (3) Condition of contracts.--Each contract entered
into under paragraph (1) for the sale and delivery of excess
water shall include a condition that the Secretary of the Navy
has the right to demand that water, without charge and without
obligation on the part of the United States, after 30 days
notice.</DELETED>
<DELETED> (4) Modification of rights and obligations.--The
rights and obligations of the United States and the District
regarding the ratio, amounts, definition of Project yield, and
payment for excess water may be modified by an agreement
between the parties.</DELETED>
<DELETED> (d) Consideration.--</DELETED>
<DELETED> (1) Deposit of funds.--Moneys paid to the United
States under a contract entered into under subsection (c) shall
be deposited in the special account established for the
Department of the Navy under paragraph (1) of section 2667(d)
of title 10, United States Code, and shall be available for the
purposes specified in subparagraph (C) of such paragraph.
Subparagraph (D) of such paragraph shall not apply to moneys
deposited in the special account pursuant to this
subsection.</DELETED>
<DELETED> (2) In-kind consideration.--In lieu of monetary
consideration under paragraph (1), or in addition to such
consideration, the Secretary of the Navy may accept in-kind
consideration in a form and quantity that is acceptable to the
Secretary of the Navy, including the following forms of in-kind
consideration:</DELETED>
<DELETED> (A) Maintenance, protection, alteration,
repair, improvement, or restoration (including
environmental restoration) of property or facilities of
the Department of the Navy.</DELETED>
<DELETED> (B) Construction of new facilities for the
Department of the Navy.</DELETED>
<DELETED> (C) Provision of facilities for use by the
Department of the Navy.</DELETED>
<DELETED> (D) Facilities operation support for the
Department of the Navy.</DELETED>
<DELETED> (E) Provision of such other services as
the Secretary of the Navy considers
appropriate.</DELETED>
<DELETED> (3) Relation to other laws.--Sections 2662 and
2802 of title 10, United States Code, shall not apply to any
new facilities whose construction is accepted as in-kind
consideration under this subsection.</DELETED>
<DELETED> (4) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under subsection (c) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of the following:</DELETED>
<DELETED> (A) The end of the 30-day period beginning
on the date on which a report describing the contract
and the form and quantity of the in-kind consideration
is submitted by the Secretary of the Navy to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives.</DELETED>
<DELETED> (B) The end of the 14-day period beginning
on the date on which a copy of the report referred to
in subparagraph (A) is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.</DELETED>
<DELETED>SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.</DELETED>
<DELETED> (a) In General.--The general repayment obligation of the
District shall be determined by the Secretary of the Interior
consistent with sections 9(c)2 and 9(e) of the Reclamation Project Act
of 1939 to repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual costs of
constructing, operating, and maintaining the Project; provided,
however, that for the purposes of calculating interest and determining
the time when the District's repayment obligation to the United States
commences, the pumping and treatment of groundwater from the Project
shall be deemed equivalent to the first use of water from a water
storage project. There shall be no repayment obligation under this
section for water delivered to the District under a contract as
provided in section 4(c).</DELETED>
<DELETED> (b) Modification of Rights and Obligation by Agreement.--
The rights and obligations of the United States and the District
regarding the repayment obligation of the District may be modified by
an agreement between the parties.</DELETED>
<DELETED>SEC. 6. TRANSFER OF CARE, OPERATION, AND
MAINTENANCE.</DELETED>
<DELETED> The Secretary may transfer to the District, or a mutually
agreed upon third party, the care, operation, and maintenance of the
Project under conditions satisfactory to the Secretary and the
District, and with respect to the portion of the Project that is
located within the boundaries of Camp Pendleton, satisfactory also to
the Secretary of the Navy. If such a transfer takes place, the District
shall be entitled to an equitable credit for the costs associated with
the Secretary's proportionate share of the operation and maintenance of
the Project. The amount of such costs shall be applied against the
indebtedness of the District to the United States.</DELETED>
<DELETED>SEC. 7. SCOPE OF ACT.</DELETED>
<DELETED> For the purpose of this Act, the basis, measure, and limit
of all rights of the United States pertaining to the use of water shall
be the laws of the State of California. Provided that nothing in this
Act shall be construed--</DELETED>
<DELETED> (1) as a grant or a relinquishment by the United
States of any rights to the use of water that it acquired
according to the laws of the State of California, either as a
result of its acquisition of the lands comprising Camp Joseph
H. Pendleton and adjoining naval installations, and the rights
to the use of water as a part of that acquisition, or through
actual use or prescription or both since the date of that
acquisition, if any;</DELETED>
<DELETED> (2) to create any legal obligation to store any
water in the Project, to the use of which the United States has
such rights;</DELETED>
<DELETED> (3) to require the division under this Act of
water to which the United States has such rights; or</DELETED>
<DELETED> (4) to constitute a recognition of, or an
admission by the United States that, the District has any
rights to the use of water in the Santa Margarita River, which
rights, if any, exist only by virtue of the laws of the State
of California.</DELETED>
<DELETED>SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.</DELETED>
<DELETED> Unless otherwise agreed by the Secretary of the Navy, the
Project--</DELETED>
<DELETED> (1) shall be operated in a manner which allows the
free passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of its acquisition of the lands
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and</DELETED>
<DELETED> (2) shall not be administered or operated in any
way which will impair or deplete the quantities of water the
use of which the United States would be entitled under the laws
of the State of California had the Project not been
built.</DELETED>
<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated, out of any money
in the Treasury of the United States not otherwise appropriated, the
following:</DELETED>
<DELETED> (1) $60,000,000 (the current estimated
construction cost of the Project, plus or minus such amounts as
may be indicated by the engineering cost indices for this type
of construction).</DELETED>
<DELETED> (2) Such sums as may be required to operate and
maintain the said project.</DELETED>
<DELETED>SEC. 10. REPORTS TO CONGRESS.</DELETED>
<DELETED> Not later than 1 year after the date of the enactment of
this Act and periodically thereafter, the Secretary and the Secretary
of the Navy shall each report to the Congress regarding if the
conditions specified in section 2(b) have been met and if so, the
details of how they were met.</DELETED>
<DELETED>SEC. 11. SUNSET.</DELETED>
<DELETED> The authority of the Secretary to complete construction of
the Project shall terminate 10 years after the date of enactment of
this Act.</DELETED>
SECTION 1. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER
PROJECT.
(a) Authorization.--The Secretary, acting pursuant to Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.), to the extent that law is not inconsistent with this Act,
may construct, operate, and maintain the Project substantially in
accordance with the final feasibility report and environmental reviews
for the Project and this Act.
(b) Conditions.--The Secretary may construct the Project only after
the Secretary determines that the following conditions have occurred:
(1)(A) The District and the Secretary of the Navy have
entered into contracts under subsections (c)(2) and (e) of
section 9 of the Reclamation Project Act of 1939 (43 U.S.C.
485h) to repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual costs
of constructing, operating, and maintaining the Project.
(B) As an alternative to a repayment contract with the
Secretary of the Navy described in subparagraph (A), the
Secretary may allow the Secretary of the Navy to satisfy all or
a portion of the repayment obligation for construction of the
Project on the payment of the share of the Secretary of the
Navy prior to the initiation of construction, subject to a
final cost allocation as described in section 3.
(2) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted the permits to the Bureau of Reclamation for
the benefit of the Secretary of the Navy and the District as
permittees for rights to the use of water for storage and
diversion as provided in this Act, including approval of all
requisite changes in points of diversion and storage, and
purposes and places of use.
(3)(A) The District has agreed--
(i) to not assert against the United States any
prior appropriative right the District may have to
water in excess of the quantity deliverable to the
District under this Act; and
(ii) to share in the use of the waters impounded by
the Project on the basis of equal priority and in
accordance with the ratio prescribed in section 4(b).
(B) The agreement and waiver under subparagraph (A) and the
changes in points of diversion and storage under paragraph
(2)--
(i) shall become effective and binding only when
the Project has been completed and put into operation;
and
(ii) may be varied by agreement between the
District and the Secretary of the Navy.
(4) The Secretary has determined that the Project has
completed applicable economic, environmental, and engineering
feasibility studies.
SEC. 3. COSTS.
(a) In General.--As determined by a final cost allocation after
completion of the construction of the Project, the Secretary of the
Navy shall be responsible to pay upfront or repay to the Secretary only
that portion of the construction, operation, and maintenance costs of
the Project that the Secretary and the Secretary of the Navy determine
reflects the extent to which the Department of the Navy benefits from
the Project.
(b) Other Contracts.--Notwithstanding subsection (a), the Secretary
may enter into a contract with the Secretary of the Navy for the
impoundment, storage, treatment, and carriage of prior rights water for
domestic, municipal, fish and wildlife, industrial, and other
beneficial purposes using Project facilities.
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.
(a) Operation.--The Secretary, the District, or a third party
(consistent with section 6) may operate the Project, subject to a
memorandum of agreement between the Secretary, the Secretary of the
Navy, and the District and under regulations satisfactory to the
Secretary of the Navy with respect to the share of the Project of the
Department of the Navy.
(b) Yield Allotment.--Except as otherwise agreed between the
parties, the Secretary of the Navy and the District shall participate
in the Project yield on the basis of equal priority and in accordance
with the following ratio:
(1) 60 percent of the yield of the Project is allotted to
the Secretary of the Navy.
(2) 40 percent of the yield of the Project is allotted to
the District.
(c) Contracts for Delivery of Excess Water.--
(1) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed on to
administer the Project that the Department of the Navy does not
have immediate need for any portion of the 60 percent of the
yield of the Project allotted to the Secretary of the Navy
under subsection (b), the official may enter into temporary
contracts for the sale and delivery of the excess water.
(2) First right for excess water.--The first right to
excess water made available under paragraph (1) shall be given
the District, if otherwise consistent with the laws of the
State of California.
(3) Condition of contracts.--Each contract entered into
under paragraph (1) for the sale and delivery of excess water
shall include a condition that the Secretary of the Navy has
the right to demand the water, without charge and without
obligation on the part of the United States, after 30 days
notice.
(4) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding the
ratio, amounts, definition of Project yield, and payment for
excess water may be modified by an agreement between the
parties.
(d) Consideration.--
(1) Deposit of funds.--
(A) In general.--Amounts paid to the United States
under a contract entered into under subsection (c)
shall be--
(i) deposited in the special account
established for the Department of the Navy
under section 2667(e)(1) of title 10, United
States Code; and
(ii) shall be available for the purposes
specified in section 2667(e)(1)(C) of that
title.
(B) Exception.--Section 2667(e)(1)(D) of title 10,
United States Code, shall not apply to amounts
deposited in the special account pursuant to this
subsection.
(2) In-kind consideration.--In lieu of monetary
consideration under paragraph (1), or in addition to monetary
consideration, the Secretary of the Navy may accept in-kind
consideration in a form and quantity that is acceptable to the
Secretary of the Navy, including--
(A) maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the
Department of the Navy;
(B) construction of new facilities for the
Department of the Navy;
(C) provision of facilities for use by the
Department of the Navy;
(D) facilities operation support for the Department
of the Navy; and
(E) provision of such other services as the
Secretary of the Navy considers appropriate.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities the construction of which is accepted as in-kind
consideration under this subsection.
(4) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under subsection (c) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of--
(A) the end of the 30-day period beginning on the
date on which the Secretary of the Navy submits to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives a report describing the contract and
the form and quantity of the in-kind consideration; or
(B) the end of the 14-day period beginning on the
date on which a copy of the report referred to in
subparagraph (A) is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.
(a) Determination.--
(1) In general.--Except as otherwise provided in this
subsection, the general repayment obligation of the District
shall be determined by the Secretary consistent with
subsections (c)(2) and (e) of section 9 of the Reclamation
Project Act of 1939 (43 U.S.C. 485h) to repay to the United
States equitable and appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating, and
maintaining the Project.
(2) Groundwater.--For purposes of calculating interest and
determining the time when the repayment obligation of the
District to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed
equivalent to the first use of water from a water storage
project.
(3) Contracts for delivery of excess water.--There shall be
no repayment obligation under this section for water delivered
to the District under a contract described in section 4(c).
(b) Modification of Rights and Obligation by Agreement.--The rights
and obligations of the United States and the District regarding the
repayment obligation of the District may be modified by an agreement
between the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.
(a) In General.--The Secretary may transfer to the District, or a
mutually agreed upon third party, the care, operation, and maintenance
of the Project under conditions that are--
(1) satisfactory to the Secretary and the District; and
(2) with respect to the portion of the Project that is
located within the boundaries of Camp Pendleton, satisfactory
to the Secretary, the District, and the Secretary of the Navy.
(b) Equitable Credit.--
(1) In general.--In the event of a transfer under
subsection (a), the District shall be entitled to an equitable
credit for the costs associated with the proportionate share of
the Secretary of the operation and maintenance of the Project.
(2) Application.--The amount of costs described in
paragraph (1) shall be applied against the indebtedness of the
District to the United States.
SEC. 7. SCOPE OF ACT.
(a) In General.--Except as otherwise provided in this section, for
the purpose of this Act, the laws of the State of California shally
apply to the rights of the United States pertaining to the use of water
under this Act.
(b) Limitations.--Nothing in this Act--
(1) provides a grant or a relinquishment by the United
States of any rights to the use of water that the United States
acquired according to the laws of the State of California,
either as a result of the acquisition of the land comprising
Camp Joseph H. Pendleton and adjoining naval installations, and
the rights to the use of water as a part of that acquisition,
or through actual use or prescription or both since the date of
that acquisition, if any;
(2) creates any legal obligation to store any water in the
Project, to the use of which the United States has those
rights;
(3) requires the division under this Act of water to which
the United States has those rights; or
(4) constitutes a recognition of, or an admission by the
United States that, the District has any rights to the use of
water in the Santa Margarita River, which rights, if any, exist
only by virtue of the laws of the State of California.
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.
Unless otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way that
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
SEC. 9. REPORTS TO CONGRESS.
Not later than 2 years after the date of the enactment of this Act
and periodically thereafter, the Secretary and the Secretary of the
Navy shall each submit to the appropriate committees of Congress
reports that describe whether the conditions specified in section 2(b)
have been met and if so, the manner in which the conditions were met.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act--
(1) $60,000,000, as adjusted to reflect the engineering
costs indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain the
Project.
SEC. 11. SUNSET.
The authority of the Secretary to complete construction of the
Project shall terminate on the date that is 10 years after the date of
enactment of this Act.
Calendar No. 1008
110th CONGRESS
2d Session
H. R. 29
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to construct facilities to
provide water for irrigation, municipal, domestic, military, and other
uses from the Santa Margarita River, California, and for other
purposes.
_______________________________________________________________________
September 16, 2008
Reported with an amendment