Bill Summary
This bill, entitled the "Salton Sea Public Health and Environmental Protection Act of 2020", aims to protect the Salton Sea in California by requiring the Secretary of the Interior to take certain measures. These measures include improving water quality, mitigating dust, and restoring the habitat at the Salton Sea. The bill also establishes a Federal Salton Sea Management Acres program and a Salton Sea Management Council to coordinate and streamline efforts between federal agencies, the State of California, and local stakeholders. Additionally, the bill requires the Secretary of the Interior to publish an annual report on air quality at the Salton Sea and potentially conduct a population health study. The bill also includes definitions for key terms such as "Federal Salton Sea Management Acres" and "Salton Sea Authority".
Possible Impacts
1. The Salton Sea Public Health and Environmental Protection Act of 2020 could affect people living near the Salton Sea by potentially improving their air quality and reducing health risks associated with particulate matter pollution and chemicals present in the exposed lakebed.
2. The Act could also affect the Torres Martinez Desert Cahuilla Tribe, the County of Imperial, the County of Riverside, the Coachella Valley Water District, and the Imperial Irrigation District by requiring them to work in coordination with the State of California to oversee the comprehensive restoration of the Salton Sea.
3. The Act could also affect the Secretary of Agriculture, who would need to prioritize funding and support for the Secretary of the Interior's responsibilities under the Act, as well as the Secretary of the Army, the Administrator of the Environmental Protection Agency, the Commissioner of the Bureau of Reclamation, the Director of the US Fish and Wildlife Service, and the Director of the US Geological Survey, who would all be members of the Salton Sea Council.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8775 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8775
To require the Secretary of the Interior to take certain measures with
respect to protecting the Salton Sea, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2020
Mr. Ruiz (for himself and Mr. Vargas) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to take certain measures with
respect to protecting the Salton Sea, and for other purposes.
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 ``Salton Sea Public Health and
Environmental Protection Act of 2020''.
SEC. 2. FEDERAL SALTON SEA MANAGEMENT ACRES.
Title XI of the Reclamation Projects Authorization and Adjustment
Act of 1992 (Public Law 102-575) is amended by adding at the end the
following:
``SEC. 1102. RESTORATION PROGRAM.
``(a) Restoration Program.--The Secretary of the Interior, acting
through the Bureau of Reclamation, shall provide for a program within
the Bureau's Salton Sea Program Office to improve water quality,
provide for dust mitigation, protect the public's health, and provide
for environmental and habitat restoration at the Salton Sea in
California.
``(b) Federal Salton Sea Management Acres.--
``(1) In general.--The Secretary of the Interior shall
provide for such measures as such Secretary determines
appropriate for dust control and habitat conservation,
consistent with State and local requirements, with respect to
an acreage within the Salton Sea of the same size as the
acreage for which the State of California provides for dust
control and habitat conservation under the Salton Sea
Management Program and the State Water Board Order. Such
Secretary shall, to the maximum extent possible when carrying
out this requirement, provide such measures for an equivalent
number of acres of dust control and of habitat conservation.
``(2) Calculation.--The Secretary of the Interior may
calculate the satisfaction of the Federal Salton Sea Management
Acres obligation described in paragraph (1) in three-year
increments to account for variability in acres available and
appropriate for management.
``(3) Coordination with the state of california.--
``(A) Memorandum of understanding.--Not later than
180 days after the date of enactment of this section,
the Secretary of the Interior shall seek to conclude a
memorandum of understanding with the State of
California and the Salton Sea Authority to coordinate
Federal and State activities relating to the
construction, operation, and maintenance of Federal
Salton Sea Management Acres and Salton Sea Management
Program activities. Such memorandum of understanding
shall include a schedule delineating the timeframe for
the accomplishment of the establishment of Salton Sea
Management Acres and consideration of the effects of
such memorandum of understanding on affected
disadvantaged communities.
``(B) Access.--The Secretary of the Interior shall
make Federal lands within the Salton Sea available to
the State of California for activities under the Salton
Sea Management Program and the State Water Board Order
and shall give priority to such activities.
``(4) State responsibilities.--Nothing in this section
shall modify the State of California's responsibilities or
associated timelines under the State Water Board Order.
``(5) Support from the secretary of agriculture.--The
Secretary of Agriculture shall, in issuing funding or other
types of support under such authority as is available to such
Secretary, prioritize support and funding to assist the
Secretary of the Interior in fulfilling the responsibilities
described in this subsection.
``(6) Delegation to the state of california.--
``(A) In general.--The Secretary of the Interior
may delegate such Secretary's responsibilities under
this subsection to the State of California through a
cooperative agreement or other contractual agreement
only upon the provision by such Secretary to the State
of adequate Federal funding to assure the requirements
of this section are met, including funding for
operations and maintenance of Federal Salton Sea
Management Acres. Such Secretary may award grants to
the State for completion of this responsibility.
``(B) Agreement pending funding not restricted.--
Subparagrah (A) shall not be construed to prohibit the
Secretary of the Interior from entering such an
agreement prior to the provision of such adequate
Federal funding.
``(7) Not a special aquatic site.--For the purposes of the
construction, operation, and maintenance of Federal Salton Sea
Management Acres and Salton Sea Management Program activities,
lakebed exposed as the Salton Sea recedes shall not be
considered a Special Aquatic Site for the purposes of
determining jurisdiction under section 404 of the Clean Water
Act (33 U.S.C. 1344).
``(8) Report to congress.--The Secretary of the Interior
shall report to Congress annually identifying--
``(A) the total number of acres under management by
such Secretary or funding provided to the State of
California under paragraph (6);
``(B) the type of management applied to Federal
Salton Sea Management Acres, and whether such
management is dust suppression or habitat restoration;
``(C) if such Secretary has not met such
Secretary's responsibility under paragraph (1) over the
current three-year period under paragraph (2), a plan
for coming into compliance; and
``(D) additional funding needed to meet such
obligation.
``(c) Definitions.--In this section, the following terms have the
meaning given to such terms in section 5 of the Salton Sea Public
Health and Environmental Protection Act of 2020:
``(1) `Federal Salton Sea Management Acres'.
``(2) `Salton Sea Authority'.
``(3) `Salton Sea Management Program'.
``(4) `State Water Board Order.'''.
SEC. 3. SALTON SEA MANAGEMENT COUNCIL.
(a) Establishment of Federal Salton Sea Council.--Not later than 90
days after the date of enactment of this Act, the Secretary of the
Interior shall establish a Salton Sea Council with the goal of
coordinating interagency Salton Sea projects, expediting permits,
coordinating environmental review, streamlining funding of projects
associated with the Salton Sea Management Program and Federal Salton
Sea Management Acres, and coordinating such goals with the State of
California and the Salton Sea Authority.
(b) Membership.--Council shall consist of the following and shall
be chaired by the Secretary of the Interior:
(1) The Secretary of Agriculture, or a representative of
such Secretary.
(2) The Secretary of the Army or a representative of such
Secretary.
(3) The Administrator of the Environmental Protection
Agency or a representative of such Administrator.
(4) The Commissioner of the Bureau of Reclamation or a
representative of such Commissioner.
(5) The Director of the United States Fish and Wildlife
Service or a representative of such Director.
(6) The Director of the United States Geological Survey or
a representative of such Director.
(c) Duties.--The Council shall--
(1) convene and establish a process for collaboration among
the members of the Council, the State of California, the Salton
Sea Authority, local communities, Tribal governments, the South
Coast Air Quality Management District, the Imperial County Air
Pollution Control District, and other persons, including
holding at least one annual public meeting at the Salton Sea to
receive feedback from local stakeholders;
(2) develop a Federal funding plan across Federal agencies
with jurisdiction at the Salton Sea to assist the Secretary in
meeting the Salton Sea Management Acres obligation and
associated operations and maintenance costs; and
(3) identify and implement measures to expedite and
streamline Federal permitting of Salton Sea management
undertaken by the State of California's Salton Sea Management
Program.
(d) Production of Report.--Not later than 1 year after the date of
enactment of this Act, the Council shall submit to the Committee on
Natural Resources of the House of Representatives a report that--
(1) identifies Federal and State funding sources and
previous funding for projects and studies related to
potentially benefitting or impacting the Salton Sea;
(2) analyzes how Federal and State funding sources can be
matched or paired to reach acreage goals; and
(3) identifies additional Federal resources including
resources for technical assistance and project permitting
assistance that could be applied to the management of the
Salton Sea.
SEC. 4. PUBLIC HEALTH REPORTING REQUIREMENT.
(a) In General.--The Secretary of the Interior, in consultation
with the Administrator of the Environmental Protection Agency, shall
publish an annual report on air quality surrounding the Salton Sea,
including an analysis of the presence of pollutants, salinity levels,
and agricultural chemicals present in the exposed lakebed on Federal
lands. Such report shall include--
(1) the change in number of acres of Federal land that is
exposed lakebed and land with respect to which such Secretary
has taken corrective action, either through habitat restoration
or dust suppression; and
(2) any associated health risks with particulate matter
pollution and any chemicals present.
(b) Population Health Study.--The Secretary of Interior may partner
with a university or research institution to conduct a long-term
population health study on individuals with extended exposure to the
Salton Sea.
(c) Additional Air Monitors.--The Administrator of the
Environmental Protection Agency shall take such measures as the
Administrator determines necessary to monitor the air quality in
population centers near the Salton Sea.
SEC. 5. DEFINITIONS.
In this Act:
(1) Federal salton sea management acres.--The term
``Federal Salton Sea Management Acres'' means the Salton Sea
exposed lakebed acres required to be managed by the Secretary
of the Interior for dust control or habitat in consultation
with the State of California and Salton Sea Authority.
(2) Salton sea authority.--The term ``Salton Sea
Authority'' means a Joint Powers Authority composed of member
agencies including the Torres Martinez Desert Cahuilla Tribe,
County of Imperial, the County of Riverside, the Coachella
Valley Water District, and the Imperial Irrigation District,
established to work in coordination with the State of
California to oversee the comprehensive restoration of the
Salton Sea.
(3) Salton sea management program.--The term ``Salton Sea
Management Program'' means the program created by the State of
California to address air quality and ecological threats at the
Salton Sea.
(4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year
Plan'' means the State of California's Salton Sea Management
Program Phase 1: 10-year plan to provide for the construction
of 30,000 acres of air quality and habitat projects at the
Salton Sea.
(5) State water board order.--The term ``State Water Board
Order'' means California State Water Board Order 2017-0134
entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD
REVISED ORDER WRO 2002-0013'' issued on November 7, 2017,
establishing Salton Sea management acre milestones for the
State of California.
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