Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Reclamation Projects Authorization and Adjustment Act of 1992

Reclamation Projects Authorization and Adjustment Act of 199 -- Public Law 102-575, signed October 30, 1992 (106 Stat. 4600) reauthorizes appropriations for various reclamation projects, amends the conditions of several projects, and authorizes new projects throughout the West. It includes numerous provisions of interest to the Service.

Title II, Central Utah Project Construction

Title III, Fish, Wildlife, and Recreation

Mitigation and Conservation

Title IV, Utah Reclamation Mitigation and Conservation Account

Title V, Ute Indian Rights Settlement

Title VI, Endangered Species Act and National Environmental Policy Act

None of the provisions in the previous titles of this Act are to be construed as modifications to the Endangered Species Act or National Environmental Policy Act.

Title VII, Leadville Mine Drainage Tunnel, Colorado

Title IX, Cedar Bluff Unit, Kansas

Title XI, Salton Sea Research Project, California

Section 1101 -- Authorizes the Secretary, acting through Bureau of Reclamation, to conduct a research project at the Salton Sea for the development of methods to reduce and control salinity, provide endangered species habitat, enhance fisheries and protect human recreational values. The Secretary is required to report to Congress on results of the project no later than September 30, 1996. Non- Federal sources must provide 50 percent of the cost of the project.

Title XIV - Vermejo Project

This title provides that project facilities are transferred to the Vermejo Conservancy District upon the District's consent to revise a specified contract.

Title XV, San Luis Valley Protection, Colorado

Title XVI, Reclamation Wastewater and Groundwater Studies

The remainder of the title authorizes or directs several studies, including treatment research, water reclamation and reuse, and feasibility studies.

Title XVIII, Grand Canyon Protection

Title XIX, Mid-Dakota Rural Water System, South Dakota

Title XX, Lake Andes-Wagner/Marty II, South Dakota

The demonstration program is to be carried out in accordance with a report entitled "Lake Andes-Wagner-Marty II Demonstration Program Plan of Study," May 1990, and is to be overseen by a committee which includes Service representation.

The Secretary is prohibited from recommending funding for either Unit unless the final report/EIS for that Unit is accompanied by findings from the Director, the EPA Administrator, and the Secretary of Agriculture that the Unit in question can be constructed, operated and maintained to comply with all applicable water quality standards and avoid significant adverse effects to fish and wildlife from bioaccumulation of selenium.

Title XXIII, Platoro Reservoir and Dam, Colorado

Title XXVIII, Reclamation Recreation Management Act

This title amends the Federal Water Project Recreation Act (16 U.S.C. 4601-12 et seq.) to eliminate a $100,000 ceiling on the Federal share of costs for recreational facilities at reclamation projects constructed before 1965. (No such limitation has applied to projects constructed since 1965.) Instead, a limitation of not to exceed 50 percent is placed on the Federal share of the cost of constructing, operating and maintaining such facilities. The Secretary is also authorized to charge reasonable and appropriate recreational and other user fees for use of reclamation lands.

Title XXX, Western Water Policy Review

This title directs the President to conduct a review of Federal activities in the western States that directly or indirectly affect the use of surface or subsurface water resources, and report his findings and recommendations to Congress within 3 years. It establishes an Advisory Commission to assist in preparation and review of the report. The Commission is to consist of 10 members appointed by the President and 12 Members of Congress as ex officio members -- committee chairmen and ranking minority members.

Although extensive direction is provided as to issues to be considered, no reference is made to fish and wildlife or environmental problems.

Title XXXII, South Dakota Preservation and Restoration Trust

Included among the requirements is an advisory committee which includes a Service representative appointed by the Regional Director, Region 6. The basic duties of the trust are to utilize the interest derived from investing the Federal, State and other contributions to preserve, enhance, restore and manage wetlands and associated wildlife habitat in South Dakota.

Title XXXIV, Central Valley Project Improvement Act

The purpose of this title is to protect, restore, and enhance fish and wildlife and their habitats in the Central Valley and Trinity River basins. Objectives include addressing the impacts of the Central Valley Project (CVP) on fish and wildlife resources and achieving a "reasonable balance among competing" water uses.

Directs the Secretary to complete or participate in 23 specific activities to benefit fishery resources in specified CVP and Trinity River areas, including: implementation of the Service's Coleman National Fish Hatchery Development Plan, assisting anadromous fish at the Red Bluff Dam through delivery of water to the Sacramento Valley National Wildlife Refuge complex, and completion by September 30, 1996, of the Trinity River Flow Evaluation Study being conducted by the Service.

The Secretary in consultation with the State and the CVHJV is to investigate the water requirements necessary for "full habitat development for water dependent wildlife" on wetlands identified in the CVHJV implementation plan. A report is to also include "feasible means" to meet the requirements and is due September 30, 1997.

Up to $50 million per year is authorized to be appropriated from the Fund to the Secretary for the provisions of this title. The Secretary is also directed to "assess and collect additional annual mitigation and restoration payments" from water and power beneficiaries to recover some or all fish, wildlife, and habitat restoration activity costs under this title.

Title XXXV, Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Program, North Dakota

The basic purpose of this Title is to provide additional compensation to these tribes for lands taken in connection with construction of Garrison Dam and Reservoir and the Oahe Dam and Reservoir.

The Tribe is directed to utilize its best efforts to conduct fish and wildlife conservation and mitigation on the lands. However, the State is expressly barred from bringing any action to compel the Corps to designate additional lands currently under their jurisdiction for fish and wildlife conservation in lieu of the transferred lands. (This would appear to require the Corps to acquire additional lands if the Service finds that the loss of the former Tribal lands places them out of compliance with the Coordination Act.)

Title XXXVI, Sonoma Baylands Wetland Demonstration Project

Requires the final design and engineering for the project to be completed within 6 months of enactment, construction of on-site improvements within 10 months, and placement of material to be started no later than July 1, 1994.

Provides that work can only be initiated after non-Federal parties have entered into an agreement to pay 25 percent of the project cost, including provision of all lands and rights-of-way, and 100 percent of any operation, maintenance, replacement or remediation costs associated with the project.

Title XXXVII, San Carlos Apache Tribe Water Rights Settlement

This title ratifies the agreement reached by the United States and local parties to resolve claims related to the San Carlos Apache Tribe's water rights.

Title XXXVIII, San Francisco Water Reclamation and Reuse Demonstration Project

This title directs the Secretary to enter into a demonstration project in San Francisco to examine the feasibility and effectiveness of new water reclamation technology. This "Advanced Ecologically Engineered Technology" is defined as a "greenhouse-based, ecologically engineered technology which employs highly populated pond and marsh ecosystems to produce water for reclamation and reuse." California State and local governments are required to pay half of the costs and the Federal Government is to pay the other half.

The Bureau of Reclamation is responsible for adminstering these authorities. (See also entry on "Bureau of Reclamation Projects.") Overall coordination of Service involvement is provided by the Assistant Director for Ecological Services, with each of the Regional Directors being responsible for coordination within their geographical areas.

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