Text: S.1761 — 106th Congress (1999-2000)All Information (Except Text)
Public Law No: 106-576 (12/28/2000)
[106th Congress Public Law 576]
[From the U.S. Government Printing Office]
[[Page 114 STAT. 3065]]
Public Law 106-576
To direct the Secretary of the Interior, through the <<NOTE: Dec. 28,
2000 - [S. 1761]>> Bureau of Reclamation, to conserve and enhance the
water supplies of the Lower Rio Grande Valley.
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2000. Texas.>> Congress
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner.
(3) State.--The term ``State'' means the Texas Water
Development Board and any other authorized entity of the State
(4) Program area.--The term ``program area'' means--
(A) the counties in the State of Texas in the Rio
Grande Regional Water Planning Area known as Region
``M'' as designated by the Texas Water Development
(B) the counties of Hudspeth and El Paso, Texas.
SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT
(a) In General.--The Secretary, acting pursuant to the Reclamation
Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory
thereof and supplementary thereto, shall undertake a program in
cooperation with the State, water users in the program area, and other
non-Federal entities, to investigate and identify opportunities to
improve the supply of water for the program area as provided in this
Act. The program shall include the review of studies or planning reports
(or both) prepared by any competent engineering entity for projects
designed to conserve and transport raw water in the program area. As
part of the program, the Secretary shall evaluate alternatives in the
program area that could be used to improve water supplies, including the
(1) Lining irrigation canals.
(2) Increasing the use of pipelines, flow control
structures, meters, and associated appurtenances of water supply
(b) Program Development.--Within <<NOTE: Deadline. Publication.>> 6
months after the date of the enactment of this Act, the Secretary, in
[[Page 114 STAT. 3066]]
the State, shall develop and publish criteria to determine which
projects would qualify and have the highest priority for financing under
this Act. Such criteria shall address, at a minimum--
(1) how the project relates to the near- and long-term water
demands and supplies in the study area, including how the
project would affect the need for development of new or expanded
(2) the relative amount of water (acre feet) to be conserved
pursuant to the project;
(3) whether the project would provide operational efficiency
improvements or achieve water, energy, or economic savings (or
any combination of the foregoing) at a rate of acre feet of
water or kilowatt energy saved per dollar expended on the
construction of the project; and
(4) if the project proponents have met the requirements
specified in subsection (c).
(c) Project Requirements.--A project sponsor seeking Federal funding
under this program shall--
(1) <<NOTE: Reports.>> provide a report, prepared by the
Bureau of Reclamation or prepared by any competent engineering
entity and reviewed by the Bureau of Reclamation, that includes,
among other matters--
(A) the total estimated project cost;
(B) an analysis showing how the project would
reduce, postpone, or eliminate development of new or
expanded water supplies;
(C) a description of conservation measures to be
taken pursuant to the project plans;
(D) the near- and long-term water demands and
supplies in the study area; and
(E) engineering plans and designs that demonstrate
that the project would provide operational efficiency
improvements or achieve water, energy, or economic
savings (or any combination of the foregoing) at a rate
of acre feet of water or kilowatt energy saved per
dollar expended on the construction of the project;
(2) provide a project plan, including a general map showing
the location of the proposed physical features, conceptual
engineering drawings of structures, and general standards for
(3) sign a cost-sharing agreement with the Secretary that
commits the non-Federal project sponsor to funding its
proportionate share of the project's construction costs on an
(d) Financial Capability.--Before providing funding for a project to
the non-Federal project sponsor, the Secretary shall determine that the
non-Federal project sponsor is financially capable of funding the
project's non-Federal share of the project's costs.
(e) Review Period.--Within 1 year after the date a project is
submitted to the Secretary for approval, the Secretary, subject to the
availability of appropriations, shall determine whether the project
meets the criteria established pursuant to this section.
(f) Report Preparation; Reimbursement.--Project sponsors may choose
to contract with the Secretary to prepare the reports required under
this section. All costs associated with the preparation of the reports
by the Secretary shall be 50 percent reimbursable by the non-Federal
[[Page 114 STAT. 3067]]
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000.
SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.
(a) Project Implementation.--If the Secretary determines that any of
the following projects meet the review criteria and project
requirements, as set forth in section 3, the Secretary may conduct or
participate in funding engineering work, infrastructure construction,
and improvements for the purpose of conserving and transporting raw
water through that project:
(1) In the Hidalgo County, Texas Irrigation District #1, a
pipeline project identified in the Melden & Hunt, Inc.
engineering study dated July 6, 2000 as the Curry Main Pipeline
(2) In the Cameron County, Texas La Feria Irrigation
District #3, a distribution system improvement project
identified by the 1993 engineering study by Sigler, Winston,
Greenwood and Associates, Inc.
(3) In the Cameron County, Texas Irrigation District #2
canal rehabilitation and pumping plant replacement as identified
as Job Number 48-05540-002 in a report by Turner Collie &
Braden, Inc. dated August 12, 1998.
(4) In the Harlingen Irrigation District Cameron #1
Irrigation District a project of meter installation and canal
lining as identified in a proposal submitted to the Texas Water
Development Board dated April 28, 2000.
(b) Construction Cost Share.--The non-Federal share of the costs of
any construction carried out under, or with assistance provided under,
this section shall be 50 percent. Not more than 40 percent of the costs
of such an activity may be paid by the State. The remainder of the non-
Federal share may include in-kind contributions of goods and services,
and funds previously spent on feasibility and engineering studies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000.
Approved December 28, 2000.
LEGISLATIVE HISTORY--S. 1761:
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 27, considered and passed Senate.
Dec. 4, considered and passed House, amended.
Dec. 15, Senate concurred in House amendment.