[Senate Report 117-182]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 533
117th Congress      }                               {       Report
                                 SENATE
 2d Session         }                               {       117-182

======================================================================

 
                   SALTON SEA PROJECTS IMPROVMENT ACT

                                _______
                                

                October 18, 2022.--Ordered to be printed

  Filed under authority of the order of the Senate of October 14, 2022

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2693]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2693), to amend the Reclamation Projects 
Authorization and Adjustment Act of 1992 to authorize 
additional projects related to the Salton Sea, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                               Amendments

    The amendments are as follows:
    1. On page 2, line 25, strike ``and''.
    2. On page 3, strike lines 1 through 3 and insert the 
following:

          (3) in subsection (c) (as so redesignated), by 
        striking ``project referred to in subsection (a)'' and 
        inserting ``projects referred to in subsections (a) and 
        (b)''; and
          (4) in subsection (e) (as so redesignated), by 
        striking ``$10,000,000'' and inserting 
        ``$250,000,000''.

    3. At the end, add the following:

SEC. 3. EXTENSION OF CERTAIN DEADLINES RELATING TO PILOT PROJECTS TO 
                    INCREASE COLORADO RIVER SYSTEM WATER TO ADDRESS 
                    EFFECTS OF HISTORIC DROUGHT CONDITIONS.

    Section 206 of the Energy and Water Development and Related 
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public 
Law 113-235), is amended--
          (1) in subsection (b)(2)--
                  (A) by striking ``additional''; and
                  (B) by striking ``this Act'' and inserting 
                ``the Salton Sea Projects Improvements Act'';
          (2) in subsection (c)(2), by striking ``2022'' and 
        inserting ``2026''; and
          (3) in subsection (d), by striking ``2018'' and 
        inserting ``2027''.

                                Purpose

    The purpose of S. 2693, as ordered reported, is to amend 
the Reclamation Projects Authorization and Adjustment Act of 
1992 to authorize additional projects related to the Salton 
Sea, and to amend the Energy and Water Development and Related 
Agencies Appropriations Act of 2015 to extend certain deadlines 
applicable to pilot projects to increase Colorado River System 
water to address effects of historic drought conditions.

                          Background and Need

    Throughout the West, communities are experiencing high 
levels of drought that reduce available water supplies for 
people, agriculture, and the environment. Current drought 
conditions have contributed to reduced streamflows and low 
reservoir water levels in several states across the West. S. 
2693, as ordered reported, addresses the impacts of drought by 
authorizing the Bureau of Reclamation (Reclamation) to 
participate and fund public health protection and environmental 
restoration projects in the Salton Sea, and by extending the 
authority of Reclamation's Colorado River System Conservation 
Pilot Program.

                               SALTON SEA

    The Salton Sea is California's largest inland body of 
water, spanning 360 miles in Southern California across 
Imperial Valley and the lower portion of the Coachella Valley. 
The Salton Sea was created in 1905, when the failure of a large 
irrigation canal gate led to 18 months of flooding into an 
ancient lakebed known as the Salton Basin. The Sea has been 
maintained for more than a century by agricultural runoff from 
farms that use Colorado River water to irrigate. Water flows 
into the Salton Sea have gradually diminished over the course 
of several decades, largely due to changes in agricultural 
practices, such as more efficient irrigation, that have 
decreased the amount of excess water running through farm 
drainage and to the Sea. The Salton Sea's total volume is 
expected to shrink by 60 percent in the coming years.
    Deteriorating conditions at the Salton Sea are raising both 
public health and environmental concerns. Dust-blown sediment 
from the exposed lakebed contributes to air pollution in the 
region. The Salton Sea is a crucial stop on the Pacific Flyway 
for migratory birds, and it provides habitat for the desert 
pupfish, an endangered species. Declining water levels at the 
Sea are projected to lead to increases in salinity, with 
implications for fish, the birds that rely on them as a food 
source, and the invertebrate species that are critical to 
ecosystem health.
    Reclamation's Salton Sea Research Project, authorized under 
the Reclamation Projects Authorization and Adjustment Act of 
1992 (Public Law 102-575), conducts research on methods to 
control salinity levels, provides habitat for endangered 
species, enhances fisheries, and protects the recreational 
values of the Salton Sea. Currently, Reclamation is limited in 
its ability to participate in the Salton Sea Management Program 
run by California, due both to funding constraints and the 
requirement that all projects have a research function. S. 
2693, as ordered reported, ensures that Reclamation has the 
authority to carry out and fund public health protection and 
environmental restoration projects in the Salton Sea.

            COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM

    The Colorado River System Conservation Pilot Program was 
created out of collaborative efforts between Reclamation, the 
Colorado River Basin States, and Colorado River water users to 
explore ideas that could mitigate the impacts of the ongoing 
drought and help offset declining reservoir levels at Lake Mead 
and Lake Powell. In 2014, Reclamation partnered with several 
major Colorado River basin water supply agencies, such as 
Central Arizona Water Conservation District, Southern Nevada 
Water Authority, Metropolitan Water District of Southern 
California, and Denver Water, to provide funding for voluntary 
conservation projects and reductions of water use. The goal of 
these activities was to conserve Colorado River water to be 
applied toward storage in Lake Mead or Lake Powell, which would 
create new Colorado River system water for the benefit of all 
of water users in the basin.
    In 2015, Congress formally authorized federal participation 
in these efforts to create Colorado River system water in the 
Energy and Water Development and Related Agencies 
Appropriations Act (Public Law 113-235, Division D) through 
fiscal year (FY) 2018. In 2019, Congress extended this 
authority through the end of FY2022 with the stipulation that 
the Upper Basin agreements could not proceed without the 
participation of the Upper Basin states, which includes 
Colorado, New Mexico, Utah, and Wyoming, through the Upper 
Colorado River Commission. S. 2693, as ordered reported, 
extends the authorization of Reclamation's System Conservation 
Pilot Program through FY2026.

                          Legislative History

    S. 2693 was introduced by Senator Padilla on August 10, 
2021. A similar bill, H.R. 3877, was introduced by 
Representative Ruiz on June 14, 2021. The Subcommittee on Water 
and Power held a hearing on S. 2693 on May 25, 2022. At its 
business meeting on July 21, 2022, the Committee on Energy and 
Natural Resources ordered S. 2693 favorably reported with 
amendments.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 2693, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 2693, the Committee adopted 
two substantive amendments. One extends the cost-share 
requirement in existing law to apply to the Salton Sea projects 
authorized by the bill as introduced. The other amends section 
206 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2015 to extend the authorization of the 
Bureau of Reclamation's System Conservation Pilot Program. The 
Committee also adopted minor technical and conforming 
amendments.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the Act as 
``Salton Sea Projects Improvements Act''.

Sec. 2. Research project

    Section 2 amends section 1101 of the Reclamation Projects 
Authorization and Adjustment Act of 1992 (Public Law 102-575; 
106 Stat. 4661), relating to the Salton Sea Project. Section 
2(1) redesignates the subsections in section 1101 of the Act. 
Section 2(2) amends section 1101 by inserting a new subsection 
(b). The new subsection (b) authorizes the Bureau of 
Reclamation to provide grants and enter into contracts and 
cooperative agreements that improve water quality, air quality, 
fish and wildlife habitat, and recreational opportunities in 
the area of the Salton Sea. Section 2(3) increases the 
authorization of appropriations from $10 million to $250 
million for these activities, including previously authorized 
research activities under the Bureau of Reclamation's Salton 
Sea Research Project.

Sec. 3. Extension of certain deadlines relating to pilot projects to 
        increase Colorado River system water to address effects of 
        historic drought conditions

    Section 3 amends the Energy and Water Development and 
Related Agencies Appropriations Act of 2015 to extend the 
authority of the Bureau of Reclamation's Colorado River System 
Conservation Pilot Program through FY2026. This section also 
extends the report deadline on evaluating projects funded under 
this program through FY2027. Section 3 clarifies references to 
the amended Act and clarifies acceptable funding for this pilot 
program.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of S. 
2693, as ordered reported, has been requested but was not 
received at the time the report was filed. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2693.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2693, as ordered reported.

                   Congressionally Directed Spending

    S. 2693, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the May 25, 2022, subcommittee hearing on S. 2693 follows:

     Statement of Camille Calimlim Touton, Commissioner, Bureau of 
              Reclamation, U.S. Department of the Interior

    The Salton Sea Projects Improvement Act, S. 2693, amends 
the Reclamation Projects Authorization and Adjustment Act of 
1992 to authorize additional projects to improve wildlife 
habitat, recreation, and air and water quality at the Salton 
Sea. S. 2693 specifically authorizes dust suppression projects, 
a crucial component to improving local air quality conditions 
and allows the federal government to be proactive in reducing 
emissions.
    The Department, through Reclamation, using multiple 
authorities, has provided more than $16 million since 2016 for 
dust suppression, wetland restoration, water quality 
improvements, environmental compliance and land use 
authorizations at the Salton Sea. On August 31, 2016, the 
Department signed a Memorandum of Understanding (MOU) with the 
California Natural Resources Agency (CNRA) for purposes of 
coordinating efforts at the Salton Sea. The MOU recognizes the 
State of California (State) will have the lead role in the 
cooperative effort to restore the Salton Sea, and commits the 
Department to pursue $30 million in funding to help support 
State-initiated efforts.
    Federal partners, including Reclamation, Bureau of Land 
Management, U.S. Fish and Wildlife Service, United States 
Geological Survey, U.S. Army Corps of Engineers, and U.S. 
Department of Agricultural Natural Resources Conservation 
Service meet regularly to coordinate activities and secure 
funding that supports State-led activities.
    Section 2 of the Salton Sea Projects Improvement Act amends 
Section 1101 of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (P.L. 102-575) to specifically allow the 
Secretary of the Interior to enter into grants, agreements, and 
contracts in partnership with State, Tribal, and local 
governments; water districts; joint powers authorities; 
nonprofit organizations; and institutions of higher education 
to carry out projects at the Sea. The ability to work with 
multiple types of partners, including universities and non-
governmental organizations will provide for opportunities to 
take advantage of non-governmental funding. For example, 
Reclamation is working with the National Audubon Society in FY 
2020 to enhance habitat and mitigate dust on approximately 900 
acres near the community of Bombay Beach.
    Reclamation provided $1,000,000 to plan, design and permit 
the project, which was an important but unfunded step in 
getting to a project design that would allow Audubon to receive 
approximately $6 million in matching funds. Reclamation funding 
bridged this gap, providing Audubon the opportunity to access 
additional, non-federal funds. Reclamation has also 
collaborated with California Natural Resources Agency, Imperial 
County, Imperial County Air Pollution Control District, and 
provided $1.2 million to the Salton Sea Authority to advance 
the Desert Shores Channel Restoration Project. The project 
would create habitat and suppress dust by refilling currently 
dewatered channels with water at a salinity level that provides 
habitat for fish and supports piscivorous birds. The proposed 
legislation would streamline these processes and increase 
opportunities in the future.
    Finally, S. 2693 amends P.L. 102-575 to include activities 
such as construction, operation, and maintenance costs which 
will increase Reclamation's flexibility and opportunity to work 
with partners at the Sea to implement projects that create 
habitat and improve water and air quality. The proposed 
language increases the authorized appropriations ceiling from 
$13 million to $250 million, which will allow Reclamation to 
continue to implement projects that improve conditions at the 
Salton Sea, particularly as Reclamation is near the $13 million 
ceiling under the existing authority. An increase in the 
ceiling to $250 million, when followed by Congressional 
appropriations, would provide flexibility for the federal 
government to match existing appropriated State funding ($402.6 
million) to implement, monitor, operate, and maintain the 
California Natural Resources Agency Salton Sea Management 
Program Phase 1: 10-Year Plan.
    The Department appreciates the work of the sponsors on the 
Salton Sea Projects Improvement Act and supports S. 2693. The 
Department looks forward to working with the bill sponsor and 
the Committee as the bill moves forward.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2693, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 102-575


 AN ACT To authorize additional appropriations for the construction of 
   the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan 
Missouri Basin Program, Wyoming.

           *       *       *       *       *       *       *


           TITLE XI--SALTON SEA RESEARCH PROJECT, CALIFORNIA

SEC. 1101. RESEARCH PROJECT.

    (a) Research Project.--The Secretary of the Interior, 
acting through the Bureau of Reclamation, shall conduct a 
research project for the development of a method or combination 
of methods to reduce and control salinity, provide endangered 
species habitat, enhance fisheries, and protect human 
recreational values in inland water bodies. Such research shall 
include testing an enhanced evaporation system for treatment of 
saline waters, and studies regarding in-water segregation of 
saline waters and of dilution from other sources. The project 
shall be located in the area of the Salton Sea of Southern 
California.
    (b) Additional Project Authorities.--
          (1) In general.--The Secretary of the Interior, 
        acting through the Commissioner of Reclamation, may 
        provide grants and enter into contracts and cooperative 
        agreements to carry out projects located in the area of 
        the Salton Sea in southern California to improve air 
        quality, fish and wildlife habitat, recreational 
        opportunities, and water quality, in partnership with--
                  (A) State, Tribal, and local governments;
                  (B) water districts;
                  (C) joint powers authorities, including the 
                Salton Sea Authority;
                  (D) nonprofit organizations; and
                  (E) institutions of higher education.
          (2) Included activities.--The projects described in 
        paragraph (1) may include--
                  (A) construction, operation, maintenance, 
                permitting, and design activities required for 
                the projects; and
                  (B) dust suppression projects.
    [(b)] (c) Cost Share.--The non-Federal share of the cost of 
the [project referred to in subsection (a)] projects referred 
to in subsections (a) and (b) shall be 50 percent of the cost 
of the project.
    [(c)] (d) Report.--Not later than September 30, 1996, the 
Secretary shall submit a report to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Interior 
and Insular Affairs and the Committee on Merchant Marine and 
Fisheries of the House of Representatives regarding the results 
of the project referred to in subsection (a).
    [(d)] (e) Authorization of Appropriations.--There is 
authorized to be appropriated [$10,000,000] $250,000,000 to 
carry out the purposes of this title.

           *       *       *       *       *       *       *


                           Public Law 113-235


 AN ACT Making consolidated appropriations for the fiscal year ending 
September 30, 2015, and for other purposes.

           *       *       *       *       *       *       *


     DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2015

           *       *       *       *       *       *       *


                                TITLE II

DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *


GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *


SEC. 206. FUNDING OR PARTICIPATION IN PILOT PROJECTS TO INCREASE 
                    COLORADO RIVER SYSTEM WATER IN LAKE MEAD.

    (a) In General.--The Secretary of the Interior may fund or 
participate in pilot projects to increase Colorado River System 
water in Lake Mead and the initial units of Colorado River 
Storage Project reservoirs, as authorized by the first section 
of the Act of April 11, 1956 (43 U.S.C. 620), to address the 
effects of historic drought conditions.
    (b) Administration.--Pilot projects under this section are 
authorized to be funded through--
          (1) grants by the Secretary to public entities that 
        use water from the Colorado River Basin for municipal 
        purposes for projects that are implemented by 1 or more 
        non-Federal entities; or
          (2) grants or other appropriate financial agreements 
        to provide [additional] funds for renewing or 
        implementing water conservation agreements that are in 
        existence on the date of enactment of [this Act] the 
        Salton Sea Projects Improvement Act.
    (c) Limitations.--
          (1) Funds in the Upper Colorado River Basin Fund 
        established by section 5 of the Colorado River Storage 
        Project Act (43 U.S.C. 620d) and the Lower Colorado 
        River Basin Development Fund established by section 403 
        of the Colorado River Basin Project Act (43 U.S.C. 
        1543) shall not be used to carry out this section; and
          (2) the authority to fund these pilot projects 
        through grants shall terminate on September 30, [2022] 
        2026: Provided, That the Secretary shall not fund pilot 
        projects in the Upper Colorado River Basin without the 
        participation of the Upper Colorado River Division 
        States, acting through the Upper Colorado River 
        Commission.
    (d) Report and Recommendation.--Not later than September 
30, [2018] 2027, the Secretary shall submit to the Committees 
on Appropriations and Natural Resources of the House of 
Representatives and the Committees on Appropriations and Energy 
and Natural Resources of the Senate a report evaluating the 
effectiveness of the pilot projects described in subsection (a) 
and a recommendation to Congress whether the activities 
undertaken by the pilot projects should be continued.

           *       *       *       *       *       *       *


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