Sites Reservoir Project Act

I 116TH CONGRESS 1ST SESSION H. R. 1435 To direct the Secretary of the Interior to take actions supporting non- Federal investments in water infrastructure improvements in the Sac- ramento Valley, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2019 Mr. GARAMENDI (for himself and Mr. LAMALFA) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to take actions sup- porting non-Federal investments in water infrastructure improvements in the Sacramento Valley, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sites Reservoir Project 4 Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1435 IH (1) According to the U.S. Drought Monitor, the 1 State of California experienced one of the longest, 2 driest periods on record from late December 2011 3 until April 2017, with a statewide emergency dec- 4 laration in effect from mid-January 2014 until early 5 April 2017. In water year 2017, the State of Cali- 6 fornia experienced one of the wettest years on 7 record. New surface water storage infrastructure 8 with the capacity to store water in wet years for use 9 in dry periods is urgently needed. 10 (2) The Sites Project (sometimes referred to as 11 ‘‘North-of-Delta Offstream Storage’’) has been iden- 12 tified by the State of California and the Federal 13 Government as an important component to inte- 14 grated water management in the Sacramento Valley 15 that would advance the co-equal objectives of im- 16 proving water management and restoring ecological 17 health for beneficial uses of the Sacramento-San 18 Joaquin Delta and the Sacramento River watershed. 19 Further, the Sites Reservoir was found in the 2000 20 CALFED Record of Decision to be the preferred lo- 21 cation to provide North-of-Delta Offstream Storage 22 and subsequent studies have shown the Sites Res- 23 ervoir to be technically and economically feasible. 24 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1435 IH (3) Among other things, the Sites Project 1 would— 2 (A) increase surface water storage to en- 3 hance water management flexibility in the Sac- 4 ramento Valley; 5 (B) improve operation of the State’s water 6 system to provide improvements in ecosystem 7 and water quality conditions in the Bay-Delta 8 while providing a more reliable water supply for 9 the State of California; 10 (C) improve conditions for fish, waterfowl, 11 and wildlife in the Sacramento Valley, including 12 anadromous fish in the Sacramento River; 13 (D) provide local flood control benefits; 14 (E) integrate with renewable energy 15 sources consistent with applicable Federal and 16 State of California goals; 17 (F) create both construction and long-term 18 jobs to improve the local and regional econo- 19 mies in the Sacramento Valley; 20 (G) provide additional recreational bene- 21 fits; and 22 (H) reduce local flooding. 23 (4) The Sites Project has been shown to provide 24 approximately 500,000 acre-feet of additional 25 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1435 IH annualized yield that, when integrated into the oper- 1 ations of the State and Federal reservoirs upstream 2 of the Bay-Delta, can improve the system-wide oper- 3 ational efficiency for both water supply reliability 4 and the environment. 5 (5) Healthy wetlands and wildlife refuges are of 6 vital importance to wildlife in California and require 7 a reliable supply of water. Additional surface water 8 storage can help meet water supply goals under the 9 Central Valley Project Improvement Act (title 10 XXXIV of Public Law 102–575). 11 (6) It is in the interests of the United States 12 for the Federal Government to work with the Sites 13 Project Authority, which has been established under 14 the laws of the State of California as an independent 15 joint exercise of powers authority to, among other 16 things, study, promote, develop, design, finance, ac- 17 quire, construct, manage, and operate Sites Res- 18 ervoir and related facilities to advance the Sites 19 Project in the most expeditious and cost-effective 20 manner possible. 21 (7) On July 24, 2018, the California Water 22 Commission voted to award $816,000,000 to the 23 Sites Project under Proposition 1 (Water Quality, 24 Supply, and Infrastructure Improvement Act of 25 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1435 IH 2014), showing a strong commitment from the State 1 of California to advance the project. 2 (8) As of the date of the introduction of this 3 Act, the Sites Project Authority had the following 4 public agencies serving on its 11-member governing 5 board: Colusa County Water District, Glenn-Colusa 6 Irrigation District, Placer County Water District/ 7 City of Roseville, Reclamation District 108, Sac- 8 ramento County Water Agency/City of Sacramento, 9 the Tehama-Colusa Canal Authority, Westside 10 Water District, the County of Colusa, and the Coun- 11 ty of Glenn. In addition, other agencies from the 12 Sacramento Valley and agencies from the Bay Area, 13 San Joaquin Valley, and southern California are ac- 14 tively participating to advance the Sites Project. 15 SEC. 3. DEFINITIONS. 16 In this Act: 17 (1) AUTHORITY.—The term ‘‘Authority’’ means 18 the Sites Project Authority that entered into a Joint 19 Exercise of Powers Agreement on August 26, 2010, 20 for the purpose of advancing the Sites Project as a 21 non-Federal facility. 22 (2) BUREAU.—The term ‘‘Bureau’’ means the 23 Bureau of Reclamation. 24 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1435 IH (3) CENTRAL VALLEY PROJECT.—The term 1 ‘‘Central Valley Project’’ means all Federal reclama- 2 tion projects located within or diverting water from 3 or to the watershed of the Sacramento and San Joa- 4 quin Rivers and their tributaries as authorized by 5 the Act of August 26, 1937 (50 Stat. 850), and all 6 Acts amendatory or supplemental thereto, includ- 7 ing— 8 (A) the Act of October 17, 1940 (54 Stat. 9 1198, 1199); 10 (B) the Act of December 22, 1944 (58 11 Stat. 887); 12 (C) the Act of October 14, 1949 (63 Stat. 13 852); 14 (D) the Act of September 26, 1950 (64 15 Stat. 1036); 16 (E) the Act of August 27, 1954 (68 Stat. 17 879); 18 (F) the Act of August 12, 1955 (69 Stat. 19 719); 20 (G) the Act of June 3, 1960 (74 Stat. 21 156); 22 (H) the Act of October 23, 1962 (76 Stat. 23 1173); 24 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1435 IH (I) the Act of September 2, 1965 (79 Stat. 1 615); 2 (J) the Act of August 19, 1967 (81 Stat. 3 167); 4 (K) the Act of August 27, 1967 (81 Stat. 5 173); 6 (L) the Act of October 23, 1970 (84 Stat. 7 1097); 8 (M) the Act of September 28, 1976 (90 9 Stat. 1324); and 10 (N) the Act of October 27, 1986 (100 11 Stat. 3050). 12 (4) COMMISSIONER.—The term ‘‘Commis- 13 sioner’’ means the Commissioner of the Bureau of 14 Reclamation. 15 (5) REPAYMENT AND WATER SERVICE CON- 16 TRACTS.—The terms ‘‘repayment contract’’ and 17 ‘‘water service contract’’ have the same meaning 18 given those terms in sections 9(d) and 9(e), respec- 19 tively, of the Reclamation Project Act of 1939 (53 20 Stat. 1187, 1195). 21 (6) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of the Interior. 23 (7) SITES PROJECT.—The term ‘‘Sites 24 Project’’— 25 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1435 IH (A) refers to the off-stream water storage 1 project identified in the CALFED Record of 2 Decision, dated August 28, 2000; and 3 (B) means the Sites Reservoir in Glenn 4 and Colusa Counties, California, and related fa- 5 cilities, including associated water conveyance 6 and hydropower generation and transmission 7 facilities. 8 (8) STATE.—The term ‘‘State’’ means the State 9 of California. 10 SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT 11 STATEMENTS. 12 (a) DUTIES OF THE BUREAU.—With respect to the 13 Sites Project, the Bureau shall— 14 (1) be the lead Federal agency for the purposes 15 of all Federal reviews, analyses, opinions, state- 16 ments, permits, licenses, or other approvals or deci- 17 sions required under Federal law to allow the con- 18 struction of the Sites Project, including all require- 19 ments under— 20 (A) the National Environmental Policy Act 21 of 1969 (42 U.S.C. 4321 et seq.); 22 (B) the Endangered Species Act of 1973 23 (16 U.S.C. 1531 et seq.); and 24 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1435 IH (C) any other Federal law applicable to the 1 construction of the Sites Project facilities by 2 the Authority; 3 (2) take such steps as are necessary to ensure 4 that all Federal reviews, analyses, opinions, state- 5 ments, permits, licenses, or other approvals or deci- 6 sions required under Federal law to allow the Au- 7 thority to construct and operate the Sites Project 8 are completed on an expeditious basis and use the 9 shortest applicable process, and, to the maximum ex- 10 tent practicable, are completed not later than Janu- 11 ary 1, 2022, as required by the California Water 12 Quality Supply, and Infrastructure Improvement 13 Act, as approved by California voters on November 14 4, 2014, as a condition of State financial participa- 15 tion in a project deemed eligible for assistance under 16 the aforementioned Act; and 17 (3) coordinate, as appropriate, with the non- 18 Federal project sponsors, which are the State of 19 California and the Sites Project Authority. 20 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT 21 AND ENVIRONMENTAL IMPACT REPORT.—No later than 22 6 months after the date of the enactment of this Act, the 23 Secretary shall work with the Secretary of Commerce, the 24 Assistant Secretary of the Army for Civil Works, and the 25 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1435 IH Administrator of the Environmental Protection Agency to 1 develop a plan to expeditiously complete and issue the final 2 joint environmental impact statement and environmental 3 impact report on the Sites Project. 4 (c) REQUIREMENTS OF EXISTING LAW.—Nothing in 5 this section affects the requirements of Federal law. 6 SEC. 5. CONSTRUCTION AND OPERATION OF NON-FEDERAL 7 PROJECT. 8 (a) AUTHORIZATION OF CONSTRUCTION.—Section 9 103(d)(1)(B) of the Calfed Bay-Delta Authorization Act 10 (Public Law 108–361) is amended— 11 (1) by redesignating clauses (ii) and (iii) as 12 clauses (iv) and (v), respectively; 13 (2) by inserting after clause (i) the following: 14 ‘‘(ii) CONSTRUCTION AUTHORIZA- 15 TION.—If the Secretary determines that 16 the project described in subparagraph 17 (A)(ii)(I) is feasible, the Secretary, in co- 18 operation with the Authority, may partici- 19 pate in the design, planning, and construc- 20 tion of the Sites Project, as a non-Federal, 21 State-led project as defined under section 22 4007(a)(2) of Public Law 114–322, in a 23 manner that is substantially in accordance 24 with the recommended plan, subject to the 25 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1435 IH conditions described in the feasibility 1 study. 2 ‘‘(iii) FEDERAL INVESTMENT IN A 3 NON-FEDERAL SITES PROJECT.—As re- 4 quired by section 4007(c)(2)(C), the Sec- 5 retary shall take such steps as are nec- 6 essary to ensure that, in return for any 7 Federal investment in a non-Federal Sites 8 Project, a proportionate share of the 9 project’s public benefits are Federal bene- 10 fits, including water supplies dedicated to 11 specific purposes such as environmental 12 enhancement and those purposes referred 13 to in section 5(f) and (g) of the Sites Res- 14 ervoir Project Act.’’; 15 (3) in clause (iii), by striking ‘‘the project’’ and 16 inserting ‘‘a project described in subparagraph 17 (A)(ii)(I)’’; and 18 (4) in subclause (I) of clause (v) (as so redesig- 19 nated by paragraph (1) of this subsection), by strik- 20 ing ‘‘clause (ii)’’ each place it appears and inserting 21 ‘‘clause (iv)’’. 22 (b) IN GENERAL.—Notwithstanding any provision of 23 this Act, the Commissioner shall take any and all actions 24 possible to advance the Sites Project as a non-Federal 25 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 1435 IH project, including entering into cost-shared financial as- 1 sistance agreements with the Authority to support the de- 2 sign, planning, and construction of the Sites Project as 3 a non-Federal project. 4 (c) PROJECT PARTNERSHIP AGREEMENTS.—At the 5 request of the Authority, the Bureau shall enter into a 6 project partnership agreement with the Authority for the 7 Authority to provide full project management control for 8 construction of the Sites Project, or a separable element 9 of the project, in accordance with plans approved by the 10 Secretary. 11 (d) DETAILED PROJECT SCHEDULE.—Not later than 12 180 days after entering into a Project partnership agree- 13 ment under subsection (c), the Authority, to the maximum 14 extent practicable, shall submit to the Secretary a detailed 15 project schedule based on estimated funding levels that 16 lists all deadlines for each milestone in the construction 17 of the project. 18 (e) TITLE; OPERATIONS AND MAINTENANCE.—The 19 Authority shall— 20 (1) hold title to all new facilities constructed 21 under this section; and 22 (2) be solely responsible for the operation and 23 maintenance costs for such facilities. 24 VerDate Sep 11 2014 20:59 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435 pamtmann on DSKBFK8HB2PROD with [Text truncated for display. 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