“SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION ACT” published by Congressional Record on April 12, 2005

“SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION ACT” published by Congressional Record on April 12, 2005

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Volume 151, No. 42 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION ACT” mentioning the Department of Interior was published in the House of Representatives section on pages H1864-H1865 on April 12, 2005.

The publication is reproduced in full below:

SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION ACT

Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 18) 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, as amended.

The Clerk read as follows:

H.R. 18

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 ``Southern California Groundwater Remediation Act''.

SEC. 2. DEFINITIONS.

For the purposes of this Act:

(1) Groundwater remediation.--The term ``groundwater remediation'' means actions that are necessary to prevent, minimize, clean up, or mitigate damage to groundwater.

(2) Local water authority.--The term ``local water authority'' means a currently existing (on the date of the enactment of this Act) public water district, public water utility, public water planning agency, municipality, or Indian Tribe located within the natural watershed of the Santa Ana River in the State of California.

(3) Remediation fund.--The term ``Remediation Fund'' means the Southern California Groundwater Remediation Fund established pursuant to section 3(a).

(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

SEC. 3. SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION.

(a) Southern California Groundwater 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 ``Southern California Groundwater Remediation Fund''.

(2) Administration of remediation fund.--The Remediation Fund shall be administered by the Secretary, 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 groundwater remediation 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 groundwater the natural watershed of the Santa Ana River in the State of California. 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) Financial Statements and Audits.--The Secretary shall ensure that all funds obligated and disbursed under this Act and expended by a local water authority, are accounted for in accordance with generally accepted accounting principles and are subjected to regular audits in accordance with applicable procedures, manuals, and circulars of the Department of the Interior and the Office of Management and Budget.

(e) Authorization of Appropriations.-- There is authorized to be appropriated to the Remediation Fund $50,000,000. Such funds shall remain available until expended. Subject to the limitations in section 4, such funds shall remain available until expended.

SEC. 4. SUNSET OF AUTHORITY.

This Act--

(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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Tennessee (Mr. Duncan) and the gentlewoman from California (Mrs. Napolitano) each will control 20 minutes.

The Chair recognizes the gentleman from Tennessee (Mr. Duncan).

General Leave

Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Tennessee?

There was no objection.

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, H.R. 18, authored by the gentleman from California

(Mr. Baca), authorizes the Secretary of the Interior to participate in the funding and implementation of a balanced, long-term groundwater remediation program. This bill establishes a limited Federal fund to resolve groundwater problems in the Santa Ana, California, watershed. This area has approximately 30 major water wells that are currently shut down or are out of production due to groundwater contamination from man-made and naturally-occurring chemicals. For example, a local perchlorate plume has impacted 250,000 residents in Rialto, California.

This bill is just one small, but very important, part of a comprehensive solution to resolve a water emergency. The House passed identical legislation in the 108th Congress. I urge my colleagues to once again adopt this measure.

Madam Speaker, I reserve the balance of my time.

Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may consume.

(Mrs. NAPOLITANO asked and was given permission to revise and extend her remarks.)

Mrs. NAPOLITANO. Madam Speaker, we strongly support passage of H.R. 18 which will provide financial assistance for cleaning up contaminated drinking water supplies in the Santa Ana River watershed in Southern California. There have been many problems in Southern California as well as in other parts of the Nation that deal with perchlorate, and this is just but one of them. We hope that we will be able to shed some light on how we can do a better job of assisting our communities in being able to put that water back to good use, and that is by working with the municipalities.

I commend the principal sponsor of H.R. 18, the gentleman from California (Mr. Baca), for his determination and hard work to get this legislation enacted. I also greatly appreciate the support and leadership demonstrated by the gentleman from California (Mr. Pombo) on this very critical and important matter.

Madam Speaker, I yield 5 minutes to my friend and colleague from Southern California (Mr. Baca) who has been very, very adamant about getting this addressed.

(Mr. BACA asked and was given permission to revise and extend his remarks.)

Mr. BACA. First of all, Madam Speaker, I would like to thank the gentleman from Tennessee (Mr. Duncan) for his support and his eloquent presentation of the legislation before us and as well the gentlewoman from California (Mrs. Napolitano) in support of this legislation that impacts the State of California, especially Southern California, as it pertains to perchlorate.

Madam Speaker, I rise in support of H.R. 18, the Southern California Groundwater Remediation Act. This legislation passed the House in September 2004, and it was H.R. 4606. Today, I fight to protect Southern Californians from the growing crisis of perchlorate groundwater contamination. I reintroduced this legislation as a long-

term solution to help cities in Southern California remove perchlorate from their drinking water and create safe drinking water.

This bill will authorize $50 million for groundwater remediation, including perchlorate cleanup, for most of San Bernardino, Riverside, and Orange counties in Southern California. The funds will be managed by the Department of the Interior through the Bureau of Reclamation. Perchlorate is a main ingredient in rocket fuel that has been found in drinking water supplies, lettuce, and even in the milk we drink.

Perchlorate in water supplies is left over from former military sites, defense contractors, and other industries. It has been found in 43 States, including California. Perchlorate has been linked to thyroid damage and may be harmful to infants, developing fetuses, and the elderly. There are 1.2 million women of childbearing age in San Bernardino, Riverside, and Orange counties who could be at risk from perchlorate, and we do not want them to be at risk. We want to make sure that there is good-quality drinking water. Perchlorate has been detected in 186 sources in the counties served by the Santa Ana River watershed and has jeopardized the water supplies of over 500,000 residents.

As indicated before, there are 30 wells that have been contaminated in the area. There is a perchlorate plume in the Inland Empire in California that is 10 miles long and is growing every day, and that includes my hometown, which I am a resident of, in Rialto. Perchlorate has impacted the daily lives of all of us, and we want to make sure that there is safe drinking water in the area. We have a legal and moral obligation to provide safe and healthy water to the families and children who drink this water every day.

But perchlorate contamination is more than just a health concern. The economic cost in providing safe drinking water is becoming more and more of a burden on our communities. Ninety percent of perchlorate in water comes from a Federal source. This includes DOD, NASA, and other Federal agencies. Innocent, hardworking families should not have to pay for federally created problems or problems for which no one will take the responsibility.

I urge my colleagues to support H.R. 18, which is a small price to pay for the crisis that has been forced on Southern Californians. I would like to thank the gentleman from California (Mr. Pombo) for his leadership and carrying legislation in the northern portion of California to deal with the problems that we have. I would like to thank the gentlewoman from California (Mrs. Napolitano), the gentleman from California (Mr. Calvert), the gentleman from California (Mr. Gary G. Miller), and the gentleman from California (Mr. Rohrabacher) for their support of this critical bill for the health of Southern California.

{time} 1445

Mr. DUNCAN. Madam Speaker, I urge passage of this bill.

Madam Speaker, I yield back the balance of my time.

Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may consume.

We have heard my colleague indicate how important the cleanup of water is, and I would urge my colleague from Georgia (Mr. Linder), sponsor of H.R. 135, the Twenty-First Century Water Commission Act of 2005, to consider that as an issue because that is something that affects, like the gentleman stated, 40-some odd States that are beginning to understand the harshness of reality and that is that we have contaminated aquifers and water resources.

So, with that, I thank the gentleman from California (Mr. Baca) for bringing that to our attention. I do support the bill and hope my colleagues will do likewise.

Madam Speaker, I yield back the balance of my time.

The SPEAKER pro tempore (Mrs. Miller of Michigan). The question is on the motion offered by the gentleman from Tennessee (Mr. Duncan) that the House suspend the rules and pass the bill, H.R. 18, as amended.

The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed.

A motion to reconsider was laid on the table.

____________________

SOURCE: Congressional Record Vol. 151, No. 42

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