109th CONGRESS
1st Session
H. R. 186
IN THE SENATE OF THE UNITED STATES
March 15, 2005
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To authorize the Secretary of the Interior, acting through the
Bureau of Reclamation and in coordination with other Federal, State, and
local government agencies, to participate in the funding and implementation
of a balanced, long-term groundwater remediation program in California,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Llagas Reclamation Groundwater Remediation
Initiative'.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) GROUNDWATER REMEDIATION- The term `groundwater remediation' means
actions that are necessary to prevent, minimize, or mitigate damage to
groundwater.
(2) LOCAL WATER AUTHORITY- The term `local water authority' means the
Santa Clara Valley Water District.
(3) REMEDIATION FUND- The term `Remediation Fund' means the California
Basins Groundwater Remediation Fund established pursuant to section 3(a).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
SEC. 3. CALIFORNIA BASINS REMEDIATION.
(a) California Basins Remediation-
(1) ESTABLISHMENT OF REMEDIATION FUND- There shall be established within
the Treasury of the United States an interest bearing account to be known
as the California Basins Groundwater Remediation Fund.
(2) ADMINISTRATION OF REMEDIATION FUND- The Remediation Fund shall be
administered by the Secretary of the Interior, acting through the Bureau
of Reclamation. The Secretary shall administer the Remediation Fund in
cooperation with the local water authority.
(3) PURPOSES OF REMEDIATION FUND-
(A) IN GENERAL- Subject to subparagraph (B), the amounts in the Remediation
Fund, including interest accrued, shall be used by the Secretary to
provide grants to the local water authority to reimburse the local water
authority for the Federal share of the costs associated with designing
and constructing groundwater remediation projects to be administered
by the local water authority.
(B) COST-SHARING LIMITATION-
(i) IN GENERAL- The Secretary may not obligate any funds appropriated
to the Remediation Fund in a fiscal year until the Secretary has deposited
into the Remediation Fund an amount provided by non-Federal interests
sufficient to ensure that at least 35 percent of any funds obligated
by the Secretary for a project are from funds provided to the Secretary
for that project by the non-Federal interests.
(ii) NON-FEDERAL RESPONSIBILITY- Each local water authority shall
be responsible for providing the non-Federal amount required by clause
(i) for projects under that local water authority. The State of California,
local government agencies, and private entities may provide all or
any portion of the non-Federal amount.
(iii) CREDITS TOWARD NON-FEDERAL SHARE- For purposes of clause (ii),
the Secretary shall credit the appropriate local water authority with
the value of all prior expenditures by non-Federal interests made
after January 1, 2000, that are compatible with the purposes of this
section, including--
(I) all expenditures made by non-Federal interests to design and
construct groundwater remediation projects, including expenditures
associated with environmental analyses and public involvement activities
that were required to implement the groundwater remediation projects
in compliance with applicable Federal and State laws; and
(II) all expenditures made by non-Federal interests to acquire lands,
easements, rights-of-way, relocations, disposal areas, and water
rights that were required to implement a groundwater remediation
project.
(b) Compliance With Applicable Law- In carrying out the activities described
in this section, the Secretary shall comply with any applicable Federal
and State laws.
(c) Relationship to Other Activities- Nothing in this section shall be construed
to affect other Federal or State authorities that are being used or may
be used to facilitate remediation and protection of the Llagas groundwater
subbasin. In carrying out the activities described in this section, the
Secretary shall integrate such activities with ongoing Federal and State
projects and activities. None of the funds made available for such activities
pursuant to this section shall be counted against any Federal authorization
ceiling established for any previously authorized Federal projects or activities.
(d) Authorization of Appropriations- There is authorized to be appropriated
to the Remediation Fund $25,000,000. Subject to the limitations in section
4, such funds shall remain available until expended.
SEC. 4. SUNSET OF AUTHORITY.
(1) shall take effect on the date of the enactment of this Act; and
(2) is repealed effective as of the date that is 10 years after the date
of the enactment of this Act.
Passed the House of Representatives March 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
END
