skip to main content

H.R. 4390 (95th): An Act to authorize appropriations for continuation of construction of distribution systems and drains on the San Luis Unit, Central Valley project, California, to mandate the extension and review of the project by the Secretary, and for other purposes.

The text of the bill below is as of Jun 15, 1977 (Passed Congress).

PUBLIC LAW 9 5 - 4 6 — J U N E 15, 1977                           91 STAT. 2 2 5

Public Law 95-46
95th Congress
                                  An Act
To authorize appropriations for continuation of construction of distribution       June 15, 1977
  systems and drains on the San Luis Unit, Central Valley project, California,      [H.R. 4390]
  to mandate the extension and review of the project by the Secretary, and for
  other purposes.

    Be it enacted hy the Senate and House of Representatives             of the
United States of America in Congress assembled^ T h a t there is hereby           Central Valley
authorized to be appropriated for fiscal year 1978, and to be com-                project, San Luis
mitted for expenditure by the Secretary notwithstanding any other                 Unit, Calif.
provision of law or contract, the sum of $31,050,000 for continuation             authorization.
of construction of distribution systems and drains on the San Luis
Unit, Central Valley Project, California. No funds shall be expended              Pledge.
by the Secretary prior to his obtaining a pledge of the Board of
Directors of the Westlands W a t e r District, and any other affected
districts, indicating their intention to repay costs associated with con-
struction authorized by this Act.
    SEC. 2. (a) T h e Secretary of the Interior (hereinafter referred to          Task force.
as the "Secretary") shall, within thirty days after enactment of this             Establishment.
section, establish a task force to review the management, organization,
and operations of the San Luis U n i t to determine t h e extent to which
they conform to the purposes and intent of the Act of J u n e 3,1960 (74
Stat. 156) and the Act of J u n e 17,1902 (32 Stat. 388). The task force,         Public hearings.
in conducting its review, shall hold no fewer than three public hear-
ings, at least two of which shall be held within the State of California.
Members of said task force shall include, among others, the Commis-               Membership.
sioner of Reclamation, the Assistant Secretary of the Interior for L a n d
and W a t e r , the Solicitor of the Department of the Interior, t h e
Comptroller General of the United States, or their representatives,
members of the general public, representatives of the State of Cali-
fornia, and the Westlands W^ater District. T h e Secretary shall appoint          Chairman.
a task force chairman who shall set the dates of hearings, meetings,
workshops, and other official task force functions in carrying out the
purposes of this Act. T h e Secretary is authorized and directed to               Expenses.
finance from funds available to him the reasonable expenses of t h e
task force created by this section. The task force shall dissolve on              Termination date.
J a n u a r y 1, 1978.
    (b) T h e task force shall submit t o t h e chairmen of the House Com-        Report to
mittee on Interior and Insular Affairs, and the Senate Committee on               congressional
E n e r g y and Natural Resources, no later than J a n u a r y 1,1978, a report   committees.
on the San Luis Unit, including—
            (1) a detailed accounting of funds expended for planning or
       construction of facilities utilized by landowners within the San
       Luis Unit, and t h e specific legislative authority for each feature
       of t h e project;
            (2) an analysis of the compatibility of the present design and
       plan of the S a n Luis U n i t with the original feasibility report,
       environmental impact statement, and cost estimates;

91 STAT. 226 PUBLIC LAW 95-46—JUNE 15, 1977 (3) an analysis of existing repayment obligations, including rates and types of repayment, the duration of repayments, and the desirability of maintaining present repayment timetables or of modifying them in order to ensure that an equitable burden of repayment falls on all project beneficiaries; (4) a review of the contractual commitments for water delivery to water districts of the unit, and the development of new methods for calculating and, on a periodic basis, recalculating, all future water service charges; ^ (5) the fiscal and future environmental impacts of the com- pletion, under current plans, of the San Luis interceptor drain north of Kesterson Reservoir, and recommendations as to the fea- sibility of implementing alternative uses of waste, water such as reclamation for agricultural or industrial re-use; (6) a procedure to provide greater public awareness of and participation in the design and review of future water delivery contracts by all potentially affected parties by means of public notice and the opportunity for a public hearing; (7) the adequacy of present levels of authorization for com- pleting the unit and recommendations for funding such completion, such as indexing of authorization or periodic •^•'^ reauthorization; (8) the record of enforcement of the requirements concerning the disposition of excess lands by persons receiving Federal water or major project benefits, and the residency requirement of the 4^«;».';,?l •...!' ' j^ci of June 17,1902 (32 Stat. 388), to the extent required by law, and an evaluation of the success of the project in fostering family farms, including the adequacy of present legislation and depart- •H'^^i'^'i'-'-'-'i^-'^--^ mental rules and regulations pertaining to these provisions; (9) the impact of the commitment of water from the Sacra- mento-San Joaquin Delta in excess of that obligated in the existing long-term contract, for delivery to the unit under future contracts; (10) the fiscal and agricultural impacts of extending the project ;i->.f.HKf: ^Q encompass federally constructed ground water integration operations. ;ftb ii-e^tsaiW?
PUBLIC LAW 95-46—JUNE 15, 1977 91 STAT. 227 SEC. 8. Neither the Secretary nor any of his representatives shall Contracts, approve any amendatory or other contract modifying the current modifications. water service contract of June 5, 1963 (contract numbered 14-06-200-495-A) or the current repayment contract of April 1,1965 (contract numbered 14-06-200-2020-A), or any temporary contract extending more than one hundred and eighty days beyond Decem- ber 31, 1977, prior to the completion of the report of the task force required in section 2 or January 1, 1978, whichever occurs first. No Submittal to such contract shall be approved by the Secretary or his representative Congress. prior to its submission to the Congress for a period of not more than ninety day (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a date certain). SEC. 4. Nothing in this Act shall affect any litigation initiated prior to the date of enactment. Approved June 15, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-233 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-144 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 2, considered and passed House. May 24, considered and passed Senate, amended. May 26, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 25: June 16, Presidential statement.