H5540 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Neumann Roemer Stenholm Deal Kingston Redmond Kilpatrick Miller (CA) Shays Ney Rogan Strickland DeLay Kleczka Regula Kind (WI) Mink Sherman Northup Rogers Stump Diaz-Balart Klink Reyes Klug Moran (VA) Sisisky Norwood Rohrabacher Stupak Dickey Knollenberg Riggs Lampson Morella Skaggs Nussle Ros-Lehtinen Sununu Doolittle Kolbe Riley Lantos Nadler Slaughter Oberstar Roukema Talent Doyle Kucinich Roemer Lee Olver Smith, Adam Obey Royce Tanner Dreier LaFalce Rogan Levin Owens Stabenow Ortiz Ryun Tauzin Duncan LaHood Rogers Lewis (GA) Pallone Stark Oxley Salmon Taylor (MS) Dunn Largent Rohrabacher Lofgren Pastor Stokes Packard Sanford Taylor (NC) Ehlers Latham Ros-Lehtinen Lowey Paul Tauscher Pappas Saxton Thomas Ehrlich LaTourette Roukema Luther Payne Thompson Parker Scarborough Thornberry Emerson Lazio Royce Maloney (CT) Pelosi Thurman Pascrell Schaefer, Dan Thune English Leach Ryun Maloney (NY) Pickett Tierney Paul Schaffer, Bob Tiahrt Ensign Lewis (CA) Salmon Markey Price (NC) Torres Paxon Sensenbrenner Traficant Etheridge Lewis (KY) Sandlin Martinez Rangel Towns Pease Sessions Turner Everett Linder Sanford Matsui Rivers Velazquez Peterson (MN) Shadegg Upton Ewing Lipinski Saxton McCarthy (MO) Rodriguez Visclosky Peterson (PA) Shaw Walsh Fawell Livingston Scarborough McDermott Rothman Waters Petri Shimkus Wamp Foley LoBiondo Schaefer, Dan McGovern Rush Watt (NC) Pickering Shuster Watkins Forbes Lucas Schaffer, Bob McKinney Sabo Waxman Pitts Skeen Watts (OK) Fossella Manton Sensenbrenner Meehan Sanchez Wexler Pombo Skelton Weldon (FL) Fowler Manzullo Sessions Meek (FL) Sanders Wise Portman Smith (MI) Weldon (PA) Fox Mascara Shadegg Meeks (NY) Sawyer Woolsey Poshard Smith (NJ) Weller Franks (NJ) McCarthy (NY) Shaw Menendez Schumer Wynn Pryce (OH) Smith (OR) Weygand Frelinghuysen McCollum Shimkus Millender- Scott Yates Quinn Smith (TX) White Gallegly McCrery Shuster McDonald Serrano Radanovich Smith, Linda Whitfield Ganske McDade Skeen Rahall Snowbarger Wicker Gekas McHale Skelton NOT VOTING—8 Ramstad Snyder Wilson Gibbons McHugh Smith (MI) Dingell McNulty Roybal-Allard Redmond Solomon Wolf Gillmor McInnis Smith (NJ) Gonzalez Petri Tauzin Regula Souder Young (AK) Goode McIntosh Smith (OR) Hill Porter Riggs Spence Young (FL) Goodlatte McIntyre Smith (TX) Riley Stearns Goodling McKeon Smith, Linda b 1636 Gordon Metcalf Snowbarger NOT VOTING—7 Goss Mica Snyder So the bill was passed. Dingell Hill Roybal-Allard Graham Miller (FL) Solomon The result of the vote was announced Gonzalez McNulty Granger Minge Souder as above recorded. Goode Payne Gutknecht Moakley Spence Hall (OH) Mollohan Spratt A motion to reconsider was laid on Hall (TX) Moran (KS) Stearns the table. b 1626 Hamilton Murtha Stenholm f Strickland Messrs. BERRY, METCALF, MOAK- Hansen Myrick Hastert Neal Stump PERSONAL EXPLANATION LEY, Mrs. McCARTHY of New York, Hastings (WA) Nethercutt Stupak and Messrs. COOKSEY, RILEY, Hayworth Neumann Sununu Mr. PETRI. Mr. Speaker, on H.R. 3862, the WEYGAND, McCRERY, CONDIT and Hefley Ney Talent Child Custody Protection Act, Rollcall No 280, Herger Northup Tanner SAM JOHNSON of Texas changed their Hilleary Norwood Taylor (MS) had I been present, I would have voted ``aye.'' vote from ‘‘yea’’ to ‘‘nay.’’ Hilliard Nussle Taylor (NC) f Mr. DOGGETT changed his vote from Hobson Oberstar Thomas Hoekstra Obey Thornberry PERSONAL EXPLANATION ‘‘nay’’ to ‘‘yea.’’ Holden Ortiz Thune So the motion to recommit was re- Hostettler Oxley Tiahrt Mr. TAUZIN. Mr. Speaker, on July 15, 1998, jected. Hulshof Packard Traficant I was inadvertently detained, and missed roll- The result of the vote was announced Hunter Pappas Turner Hutchinson Parker Upton call 280, on H.R. 3682, the Child Custody Pro- as above recorded. Hyde Pascrell Vento tection Act. Had I been present, I would have The SPEAKER pro tempore (Mrs. Inglis Paxon Walsh voted ``aye.'' EMERSON). The question is on the pas- Istook Pease Wamp Jefferson Peterson (MN) Watkins f sage of the bill. Jenkins Peterson (PA) Watts (OK) The question was taken; and the John Pickering Weldon (FL) REMOVAL OF NAME OF MEMBER Speaker pro tempore announced that Johnson (WI) Pitts Weldon (PA) AS COSPONSOR OF H.R. 219 the ayes appeared to have it. Johnson, Sam Pombo Weller Jones Pomeroy Weygand Ms. KILPATRICK. Madam Speaker, I RECORDED VOTE Kanjorski Portman White ask unanimous consent to have my Mr. CANADY of Florida. Madam Kaptur Poshard Whitfield name removed as a cosponsor of H.R. Kasich Pryce (OH) Wicker 219. Speaker, I demand a recorded vote. Kelly Quinn Wilson A recorded vote was ordered. Kildee Radanovich Wolf The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. This is a Kim Rahall Young (AK) EMERSON). Is there objection to the re- 5-minute vote. King (NY) Ramstad Young (FL) quest of the gentlewoman from Michi- The vote was taken by electronic de- NOES—150 gan? vice, and there were—ayes 276, noes 150, There was no objection. Abercrombie Clyburn Furse not voting 8, as follows: Ackerman Conyers Gejdenson f [Roll No. 280] Allen Coyne Gephardt Andrews Cummings Gilchrest PERSONAL EXPLANATION AYES—276 Baldacci Davis (IL) Gilman Aderholt Boehner Chenoweth Barrett (WI) DeFazio Green Mr. HILLEARY. Madam Speaker, due Archer Bonilla Christensen Bass DeGette Greenwood to a set of tragic events in my district Armey Bonior Clement Becerra Delahunt Gutierrez last night and yesterday, I was unable Bachus Coble Bentsen DeLauro Harman to be present for a series of votes last Baesler Borski Coburn Berman Deutsch Hastings (FL) Baker Boswell Collins Blagojevich Dicks Hefner night, including the Doolittle amend- Ballenger Boyd Combest Blumenauer Dixon Hinchey ment and the Fossella amendment to Barcia Brady (TX) Condit Boehlert Doggett Hinojosa the Shays-Meehan substitute to H.R. Barr Bryant Cook Boucher Dooley Hooley Barrett (NE) Bunning Cooksey Brady (PA) Edwards Horn 2183. If I had been present, I would have Bartlett Burr Costello Brown (CA) Engel Houghton voted aye on roll call 275 and aye on Barton Burton Cox Brown (FL) Eshoo Hoyer roll call 276. Bateman Buyer Cramer Brown (OH) Evans Jackson (IL) Bereuter Callahan Crane Campbell Farr Jackson-Lee f Berry Calvert Crapo Capps Fattah (TX) Bilbray Camp Cubin Cardin Fazio Johnson (CT) SONNY BONO MEMORIAL SALTON Bilirakis Canady Cunningham Carson Filner Johnson, E. B. SEA RECLAMATION ACT Bishop Cannon Danner Castle Ford Kennedy (MA) Bliley Chabot Davis (FL) Clay Frank (MA) Kennedy (RI) Mr. DREIER. Madam Speaker, by di- Blunt Chambliss Davis (VA) Clayton Frost Kennelly rection of the Committee on Rules, I July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5541 call up House Resolution 500 and ask consideration of a plan to stop the on- named. For these reasons, Madam for its immediate consideration. going environmental damage to the Speaker, I urge adoption of both the The Clerk read the resolution, as fol- and to restore its health. rule and the bill. lows: Because the environmental problems Madam Speaker, I reserve the bal- H. RES. 500 facing the wildlife refuge and reservoir ance of my time. Resolved, That upon the adoption of this are worsening so quickly, it is impor- Mr. HALL of Ohio. Madam Speaker, I resolution it shall be in order without inter- tant that Congress pass legislation thank my colleague from vention of any point of order to consider in that allows it to be addressed as quick- (Mr. DREIER) for yielding me this time. the House the bill (H.R. 3267) to direct the ly as possible. This rule, Madam Speak- This resolution puts forth a modified, Secretary of the Interior, acting through the er, also ensures, as I said, that a minor- closed rule. It provides for consider- Bureau of Reclamation, to conduct a fea- ity alternative will be fully debated. ation of H.R. 3267, which is the Sonny sibility study and construct a project to re- I would like to commend the mem- Bono Memorial Salton Sea Reclama- claim the Salton Sea. The bill shall be con- bers of the bipartisan Salton Sea Task tion Act. sidered as read for amendment. In lieu of the amendment recommended by the Committee Force. The leaders of that have been This is a bill to reduce and stabilize on Resources now printed in the bill, the our California colleagues, Mrs. BONO, the salt content of the Salton Sea near amendment in the nature of a substitute Mr. HUNTER, Mr. CALVERT, Mr. BROWN, Palm Springs, California. As my col- printed in the report of the Committee on Mr. LEWIS, and Mr. DOOLITTLE of the league from California has described, Rules accompanying this resolution shall be Subcommittee on Water and Power. this rule provides for 1 hour of debate considered as adopted. The previous question They have done a tremendous job, and to be equally divided between the shall be considered as ordered on the bill, as they have worked long and hard in chairman and ranking minority mem- amended, and on any further amendment reaching a consensus that will allow ber of the Committee on Resources. thereto to final passage without intervening motion except: (1) one hour of debate on the this legislation to move forward. Only one amendment may be offered. bill, as amended, equally divided and con- Madam Speaker, H.R. 3267 is critical Madam Speaker, there is agreement trolled by the chairman and ranking minor- to the health of both the environment on both sides of the aisle that Congress ity member of the Committee on Resources; and the economy in both Imperial and needs to protect the worsening envi- (2) a further amendment printed in the Con- Riverside Counties. The Salton Sea is ronmental conditions at Salton Sea, gressional Record pursuant to clause 6 of an integral part of the Pacific Flyway, and there is a consensus that our late rule XXIII, if offered by Representative Mil- providing food and a major rest stop colleague, Sonny Bono, is deserving of ler of California or his designee, which may for hundreds of thousands of waterfowl a fitting tribute. Unfortunately, this be considered notwithstanding the adoption of the amendment in the nature of a sub- and shore birds. According to the Fish bill will probably do neither. stitute printed in the report of the Commit- and Wildlife Service, the health of the There are numerous provisions in the tee on Rules, shall be considered as read, and sea is essential to the long-term viabil- bill which will raise objections. For ex- shall be separately debatable for one hour ity of the migratory bird population on ample, the bill makes funds available equally divided and controlled by the pro- the west coast. Five endangered or from the Land and Water Conservation ponent and an opponent; and (3) one motion threatened bird species and one endan- Fund, which was established to pre- to recommit with or without instructions. gered fish species depend on the Salton serve park land and open spaces, not The SPEAKER pro tempore. The gen- Sea. for water projects. Also, it authorizes tleman from California (Mr. DREIER) is The economic impact of the project construction of a $350 million project recognized for one hour. is equally significant. A study by the before enough study has been done. Mr. DREIER. Madam Speaker, for University of California Riverside’s These and other provisions will prob- purposes of debate only, I yield the cus- Economic Data Bank and Forecasting ably hold up the bill in the Senate and tomary 30 minutes to my very good Center estimates the economic benefits result in a Presidential veto. friend, the gentleman from Dayton, of restoring the Salton Sea of between The bill should have an open rule so Ohio (Mr. HALL), the distinguished $3.4 and $5.7 billion. This includes the that all House Members will have the ranking minority member of the very benefits of increased tourism, recre- opportunity to make improvements prestigious Subcommittee on Rules ation, farming and other economic ac- through the amending process on the and Organization of the House, pending tivity around the restored sea. House floor. The rule also waives the 3- which I yield myself such time as I The Sonny Bono Memorial Salton day layover requirement for the com- may consume. Sea Restoration Act will halt a serious mittee report, which was filed only and ongoing decline in the local econ- yesterday, and this makes it even more b 1645 omy and replace it with real jobs and difficult for the House to work its will. I will say that all time that I will be good, positive growth for the area. I have no further comments to make yielding will be for debate purposes Madam Speaker, the deterioration of at this particular time, Madam Speak- only. the Salton Sea is a problem that can be er. (Mr. DREIER asked and was given solved. While reducing the salinity pre- Madam Speaker, I reserve the bal- permission to revise and extend his re- sents a significant challenge, there are ance of my time. marks and include extraneous material feasible plans for addressing the prob- Mr. DREIER. Madam Speaker, I yield in the RECORD.) lem, including diking off a portion of such time as she may consume to my Mr. DREIER. Madam Speaker, this the sea to serve as a final sink for col- very distinguished colleague, the gen- rule makes in order a bill that will lecting salt. The bill that the House tlewoman from Palm Springs, Califor- bring to fruition the hard work of our will consider today allows this and nia (Mrs. BONO). late friend and colleague, Sonny Bono. other policy responses to be thoroughly Mrs. BONO. Madam Speaker, today I Specifically, it makes in order H.R. researched so Congress can later con- rise in support of the rule governing 3267, the Sonny Bono Memorial Salton sider the most cost-effective approach. H.R. 3267, the Sonny Bono Salton Sea Sea Reclamation Act, under a modified Given the importance of the Salton Memorial Reclamation Act. closed rule. Sea to the local economy and as a habi- I would like to thank the gentleman The rule does provide for a substitute tat for wildlife, it makes sense for the from New York (Mr. SOLOMON) and the to be offered by the ranking minority Federal Government to work in part- gentleman from California (Mr. member of the Committee on Re- nership with State and local govern- DREIER), as well as the rest of the Com- sources, the gentleman from California ments to try to develop a plan for fix- mittee on Rules members, for crafting (Mr. MILLER), or his designee. The ing the problem. This is particularly a rule that is both fair and reasonable. structured rule is necessary, Madam true given that H.R. 3267 only commits The bill that we will be debating Speaker, to protect a fragile com- the Federal Government to considering today is a good environmental bill. It promise that is supported by all of the a cleanup plan, not to helping fund the sets out a sound process for both study stakeholders in the restoration of the cleanup. and action to save the Salton Sea. The Salton Sea. This is a fitting tribute to a man who gentleman from California (Mr. The compromise ensures the expedi- cared deeply about restoring the DREIER) knows all too well the prob- tious development and congressional Salton Sea and for whom H.R. 3267 is lems facing the Salton Sea. When H5542 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Sonny passed, and the Speaker spoke I am pleased that our friends on the San Diego or Orange County and drive of the need to save this national treas- Republican majority have rediscovered to the Salton Sea. ure, the gentleman was right there all the Land and Water Conservation b 1700 the way. I believe that when he sat Fund. Annually only about $260 million down to craft this rule, he had in mind of this fund is spent on this purpose in- He can enjoy what up until a couple the need to save the Salton Sea and the tended for the purchasing of conserva- of years ago was the most productive urgency of which it needs to be saved. tion funds. It is a dramatic stretch, I fishery in the United States. He can Unlike the opponents of this bill, the think, for this House to dedicate re- enjoy, or could, up until a couple of gentleman from California (Mr. sources of this order of magnitude in years ago, great waterskiing. That DREIER) and the rest of the Committee one little portion of the United States family could enjoy great camping op- on Rules want to save the Salton Sea. when we have hundreds of projects that portunities, and they could do that For those who do not find this rule go begging around the country. I hope without having to have the financial fair, I say, what was so fair about al- that we will have a more thoughtful resources to jet off to New Zealand, to lowing the sea to get worse over the discussion about the utilization of this go fly fishing, to do other things that last 25 years when this very body had resource. some people can do but others cannot an opportunity to take measures to I really do hope that we will approve do. The Salton Sea is a great oppor- save it then? What is so fair about en- the Miller amendment, have an oppor- tunity for working America to have a vironmental groups who finally stand tunity to look at this in a more wonderful recreational site. up and take notice of the sea when thoughtful fashion, and provide really Thirdly, we have the opportunity to they have rarely been there in the a truly appropriate memorial in the do something that I think Sonny Bono past? It is real simple. One is either for long run. taught us so well, and that is what the the sea and the environment and vote Mr. DREIER. Madam Speaker, I yield gentlewoman from California (Mrs. ‘‘yes’’ on the rule, or one is for the de- 5 minutes to the gentleman from San BONO) is continuing to teach us, and mise of the Salton Sea, against Son- Diego, California (Mr. HUNTER), our that is to use common sense. We are ny’s dream, and for the opposition of colleague who shares representation of using common sense in this bill. this rule. Vote ‘‘yes’’ on the rule. Imperial County with the gentlewoman We changed judicial review at the re- Mr. HALL of Ohio. Madam Speaker, I from California (Mrs. BONO); the man quest of a number of the environmental yield 2 minutes and 10 seconds to the who gave his most sterling speech this folks to an expedited judicial review, gentleman from Oregon (Mr. morning before the Republican Con- nonetheless, not cutting it off com- BLUMENAUER). ference. pletely. But as the gentlewoman from Mr. BLUMENAUER. Madam Speaker, Mr. HUNTER. Madam Speaker, I will California (Mrs. ) said, the I thank the gentleman for yielding me try to be almost as brief as I was this sea is on a death watch. It is going to this time. morning. die in 10 years or so when it gets up to The issue here today is not whether My colleagues, we have a real oppor- 60 parts per million of salinization. We or not we are going to be honoring our tunity here to do three things that are cannot let lawsuit after lawsuit tie up former colleague, Congressman Bono. I very important. One is we have an op- the project until the sea is dead. think all of us who had an opportunity portunity to right what is perhaps the We are undertaking the project in to serve with him are committed to worst environmental disaster in our Mexicali to wean the Mexicali indus- having an appropriate memorial of Nation, and that is the continuing pol- trial waste and their industrial waste that nature. Nor is there a lack of in- lution and continuing salinization of from the New River. That project is terest on the part of Members of this this huge 360-square-mile body of water going to break ground here in the next Congress dealing with the environ- next to the Mexican border in southern couple of months, so it is important mental problems associated with the California. It is fed by the New River and it is necessary and it is appropriate Salton Sea. that we get to going on the sea and we The issue that I am concerned about, and the Alamo River, and the New start the project. and I hope the House will take a step River is considered to be the most pol- As one North Salton Sea resident back and look very carefully at this, is luted river in North America coming said in one of the articles, he said that that we are moving ahead with a sig- north from Mexicali, traveling 50 miles this Congress studies the sea and then nificant sum of money to try and deal through the California desert, and they disappear, and come back a couple with what in and of itself was a failed emptying into the Salton Sea. In going of years later and study it again. We project in the past. This water re- through Mexicali, it goes through the sources project years ago was well-in- industrial area of Mexicali, takes a lot are committing, with this bill, with tended, but has moved in the wrong di- of waste. If one goes down there, it is this authorization, to fix the Salton rection. somewhat like America was in parts of Sea; that is, to take care of the It is an issue that I am personally this country in the 1930s, literally with salinization problem. concerned with. As we speak today, yellow toxins spewing out of pipes di- We have literally volumes of studies this Congress has not exercised appro- rectly into the river; also, with the that have been done that have nar- priate oversight for other water re- sewage system in Mexicali that is at- rowed down the options to basically sources projects where we have not laid tached to that river. two options, and that is diking, or else an appropriate foundation environ- So we have an opportunity to right having an infall or outfall; that is, ex- mentally in engineering terms to make what is right now one of the most dif- porting saline water or importing non- sure that we are not spending good ficult environmental disasters we have saline water. We have those two op- money after bad. ever had in this country. tions. Secretary Babbitt is going to de- My colleagues will hear in the course Secondly, in cleaning up the sea, cide which one works best. He is going of the debate, both on the rule and on which we are going to do with this bill, to come back and tell the Congress the measure itself, that there is not at we have the opportunity to expand one which is best. Then we will act. He said this point a clear understanding of the of the greatest natural resources and he could do it in 18 months. exact nature of the problem, and de- recreational resources in this country. The only exception, you have 18 spite years of study and engineering re- One of the great things about the sea miles of river feeding the Salton Sea, search, there is not a good plan in hand that the gentlewoman from California and we have come up with an environ- right now. (Mrs. BONO) loves so well and Sonny mentally friendly way of cleansing To go ahead with a preauthorization loved so well is the fact that it is so that river. We are going to have 50 of a third of a billion dollars for some- close to a lot of working Americans. It miles of marshes, and we are going to thing that this House does not really is within driving distance of about 8 filter the New River through those 50 understand fully and will not have con- percent of America’s population. That miles of marshes, but we cannot do it, trol over is a step clearly in the wrong means that the average guy and his some lawyers tell us, under the Clean direction. Not only would we be wast- wife and his kids on the average week- Water Act because the Clean Water Act ing it, there is a probability that it end can get in their camper in Covina says if you take a glass of water out of could even be made worse. or Los Angeles or the Inland Empire or the New River, you have to pour it July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5543 back in in drinking water quality. You That road map is very important, be- and Oceans subcommittee. Let me just cannot incrementally clean up a river cause it is not being provided in this stress how important I think this bill under that law. You cannot filter part legislation, but it is being provided in is. It represents a major stride towards of it in the first mile and part in the the rule in the substitute. I rise in sup- improving the water quality of the second mile and part of it in the third port of the rule because of the sub- Salton Sea by reducing the salinity mile. You are totally stopped, so you stitute. and stabilizing the elevation along the do not do anything. The sea continues I am concerned that in the bill, the shoreline. to get polluted. main bill, there is an appropriation in The Salton Sea is certainly of ex- This is a great bill. I thank the Com- there, there is an authorization for an treme importance as a major stopover mittee on Rules for bringing it up. Let appropriation of $350 million that can for avian species along the Pacific us have an overwhelming vote in favor be taken from the Land and Water Con- flyway. As chairman of the subcommit- of the rule and the bill. servation Fund. That is the entire 2 tee, I must stress the importance of Mr. DREIER. Madam Speaker, I am years of appropriations for this House saving habitat for migrating birds. Al- happy to yield 2 minutes to the gen- for all of the projects in the United ready many of the traditional nesting tleman from California (Mr. KEN CAL- States. So every Member who is voting and feeding areas have been destroyed, VERT), another Member who has for this bill ought to be concerned that and if the degradation of the Salton worked on the task force. those projects that are going to restore Sea continues unabated, this impor- Mr. CALVERT. Madam Speaker, I lands with authorized use from the tant habitat will surely be lost. thank the gentleman from California, Land and Water Conservation Fund, Let me just say also that I have re- my good friend from Covina, for not those projects may be put in jeopardy ceived a number of communications only putting together a good rule but as this project takes priority to all of from ornithological council members, for his support for saving the Salton that. which include the eight major sci- Sea. Madam Speaker, I urge my col- entific societies of ornithologists in Here we go again. We have been leagues to look at the substitute, the North America. Collectively, these pro- studying the Salton Sea now for well Miller-Brown substitute. I think it pro- fessional organizations include over over 30 years. There have been many vides a much better solution. It is a 6,000 scientists and students of bird reports, many studies, many millions complicated issue. This is essentially a life. of dollars on how to save the Salton sea or a lake that is taking the drain- The letter of the council states that Sea. Today finally we are going to es- age. ‘‘The Salton Sea ecosystem has long tablish the groundwork to do exactly Water in Southern California is get- been recognized as providing signifi- that; that is, to save the sea, the birds, ting scarcer and scarcer and more valu- cant wetland habitat for immense the fish, and most importantly, we are able as we use reclamation, cleaning up numbers of migrating birds.’’ Let me just say, in conclusion, to my going to save an opportunity for people dirty water and using it for agri- friends from the other side of the aisle, to visit the Salton Sea. Not too many culture, which will be in demand. The with whom I oftentimes, in fact most years ago more people visited the cost and uses of water that would go to often, agree, I think we all want to get Salton Sea than they did Yosemite, on the lake to sustain it are going to be in to the same place. I will be supporting an annual basis, it is so close to so great demand. I do not think we can the underlying bill. Others here will many millions of Americans in the solve the problem by jamming it obviously support the substitute. I am southwest United States. through with this solution. We need hopeful that the underlying bill will I as a young man, boy, would go the substitute. prevail and that we will be able, there- waterskiing at the Salton Sea. It was The rule is a good rule because it pro- fore, to proceed to come to a conclu- probably the best waterskiing in all of vides that substitute. When we get to sion that is beneficial to all concerned. California, and certainly, I think, that, I urge my colleagues to support Let me once again congratulate the throughout the southwestern United it. members of the California delegation, States. It is unfortunate that people do Mr. DREIER. Madam Speaker, I am and particularly the gentlewoman from not have that same opportunity any- happy to yield 3 minutes to the gen- California (Mrs. MARY BONO), for their more, or at least not with the quality tleman from Mount Holly, New Jersey great leadership in bringing this bill to of water as it exists today. (Mr. SAXTON), the very distinguished the floor today. The other gentleman from California, chairman of the Joint Economic Com- Mr. DREIER. Madam Speaker, I yield our esteemed friend from Imperial mittee. 11⁄2 minutes to my very good friend, the County, mentioned the New River and Mr. SAXTON. Madam Speaker, I gentleman from San Diego, California how polluted it is, and what is going on thank the gentleman for yielding me (Mr. CUNNINGHAM). there. It is certainly horrible. We have the time. Mr. CUNNINGHAM. Madam Speaker, a chance today. We have this rule. Madam Speaker, let me just begin by my daughters, April and Carrie, got the Sonny Bono certainly dreamed of this saying that I rise in support of this first duck mud between their toes in a day. I think he is looking down on us rule and of the underlying bill, H.R. goose blind over in the Salton Sea with right now wondering what we are going 3267, the Sonny Bono Memorial Salton their Grandpa Jones. He also taught to do finally. Sea Act. them how to blow a duck call in that Sonny, we are going to pass this rule. Let me just say, or let me just ex- same place. Furthermore, we are going to pass this press my admiration for the great job Why is it important? It is a major bill, and we are going to vote against that the gentlemen from California, flyway from Connecticut to Sac- the Miller-Brown substitute and move Mr. DUNCAN HUNTER, Mr. KENNY CAL- ramento to the Salton Sea and then ahead. VERT, Mr. , my friend down to Mexico for the winter feeding Mr. HALL of Ohio. Madam Speaker, I here, Mr. , have grounds. There are also many of the yield 2 minutes to the gentleman from done, and let me say just especially to endangered species and also porvina, California (Mr. FARR). the gentlewoman from California (Mrs. which is a fish that lives there, which Mr. FARR of California. Madam MARY BONO) how pleased I am to be is dying in very fast order. Speaker, I rise in support of this rule, here today to support this major effort I do not believe we are trying to get because the rule does a very important she picked up on just several months there in the same place, because if thing. It allows for an alternative. ago, and has really led the way in this Members want to delay a bill in this I think that in approaching this, that effort. I have not seen this many Cali- body, if they want to kill a bill, just everyone in this room is in agreement fornians agree on an issue in the 14 have a study with no commitment, that we need to solve the Salton Sea years that I have been here, and I say with no commitment to carry it issue, and that we ought to do that to the gentlewoman from California through. That is exactly what the Mil- under the name of our former col- (Mrs. BONO), it took her to bring them ler substitute does, study, study, study, league, Mr. Bono. But I do not think we all together. knowing good and well that we will all agree on how to get there. What we As an Easterner and as chairman of come back and not be able, when the need before we get there is a road map. the Fisheries Conservation, Wildlife funds are low, to fund it. H5544 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Support the Bono amendment and let ward and manage our Nation’s re- priations in the last couple of years to us pass this bill. sources, protect the environment, en- finish that research or to move it very Mr. DREIER. Madam Speaker, I am sure that the species on the endangered far down the line. happy to yield 2 minutes to my very species list are protected. It is manage- There really is no mystery about good friend, the gentleman from Mon- ment of our natural resources, which some of the aspects of the problems of ticello, Indiana (Mr. BUYER), who was a this bill is about. I ask for the passage the Salton Sea. It is an artificially cre- very, very close friend of the late of the rule. ated body of water formed through an Sonny Bono. Mr. DREIER. Madam Speaker, I yield engineering catastrophe earlier in this Mr. BUYER. Madam Speaker, I 1 minute to the gentleman from Cali- century. It is growing increasingly thank the gentleman for yielding me fornia (Mr. ), another salty and contaminated because most the time. great San Diegan, a great friend, and of its inflows come from agricultural I rise today in support of H.R. 3267, hard-working two-termer. wastewater and municipal wastewater, the Sonny Bono Memorial Salton Sea b 1715 loaded salts and heavy metals and pes- Reclamation Act. The Salton Sea has ticides and contaminants. only 12 years of life left until it will Mr. BILBRAY. Madam Speaker, I The fact of the matter is the only cease providing a haven for over 375 rise in support of the rule. Those of us real source of any water of any volume species of birds and fish, including nu- who live along the southwestern border for the Salton Sea is contaminated, merous endangered and threatened spe- have grown tired of the Federal Gov- polluted wastewater. That is some of cies. The 30,000 acre lake salt level con- ernment constantly finding excuses not the best water that is in this sea at the tinues to rise to levels which are al- to address the issues that only the Fed- current time. Yet the inflows of the ready causing great amounts of disease eral Government can address. We are better quality of water in the sea itself, in the species which rely upon the sea’s talking about a crisis here that has these waters are questionable over the resources. In just a short period of time been created by the lack of Federal ac- next few years, and we continue the the species will no longer be able to tion in the last 30 years. Pollution problem of the increased salinization of survive. coming across the border, the lack of this area. To remedy the situation this bill pro- cooperation between Mexico and the The question really is, what do we do vides for five things: reducing and sta- United States, this is a Federal respon- about the Salton Sea? How do we ar- bilizing the salinity level, stabilizing sibility and a Federal obligation and a rive at a program that will work? The the sea’s surface elevation, restoring Federal preserve. suggestion that we have made tracks fish and wildlife resources, enhancing They can talk about, let us spend much of what is in this legislation, and recreational use and environmental de- more money having more sanctuaries, that is that we go out, the minority velopment, and ensuring the continued more preserves, but if the Federal gov- has decided that we would spend a mil- use of the sea as a reservoir for irriga- ernment, those of us in Congress are lion dollars a month or more than a tion and drainage. The policy is to not willing to move forward and take million dollars a month over the next manage all the resources in order to action, not talking about protecting 18 months and direct the Secretary to balance the needs of wildlife, natural the environment but actually doing conduct these studies and come back resources, and humans. They are all something to protect the environment, and tell us what will work or what will intertwined and all part of the same if we will not do it where the Federal not work. And then at that time, based equation. Government is the only agency that Those who oppose this commonsense upon those alternatives, authorize this can execute it, the only agency that measure instead advocate a slower and project or not authorize this project has the jurisdiction to execute many of more cautious approach. I have lis- based upon what the Congress deems to these types of strategies, then let us tened to some of the words. They say, be feasible or not feasible. not keep talking about that we care let us be more thoughtful, or let us The point is this, with the passage of about the environment. have a better road map. What this real- this legislation, the Salton Sea will If we do not move forward with this ly means they are choosing the course immediately become the second largest proposal at this time, then let us stop that will eventually cause the demise construction program within the Bu- talking about how much we care about of this valuable natural resource. reau of Reclamation. Only the Central It is indeed necessary for Congress to the environment. Now is the time to Arizona Project will be larger, if one be responsible for the funds that it au- prove who really supports the environ- works it out over a 10-year period of thorizes and appropriates. However, it ment. time which is, of course, the time line is necessary for Congress to act respon- Mr. DREIER. Madam Speaker, I re- that has been set by the concerns of sibly in a timely manner in order to serve the balance of my time. the supporters of this legislation. avoid a disaster. Losing the Salton Sea Mr. HALL of Ohio. Madam Speaker, I I think before we commit the Con- would be a disaster for all the species yield 8 minutes to the gentleman from gress of the United States and the tax- which utilize the area, the local econo- California (Mr. MILLER), ranking mem- payers of the United States to a $300 mies of the communities near the sea, ber of the committee. million decision, we ought to know and anyone who is concerned about our (Mr. MILLER of California asked and what those facts are. We ought to Nation’s resources. was given permission to revise and ex- make those determinations, but, as Those in opposition to this bill com- tend his remarks.) somebody said, if we do the studies plain that the measure authorizes both Mr. MILLER of California. Madam first and then we come back to the a feasibility study and construction. In Speaker, the troubles of the Salton Sea Congress, the Congress will not give us fact, this bill requires the Secretary of are not new to any of us in California. the money. So what they want to do is, the Interior to report back to the au- In fact, the Salton Sea has had serious they want to take the money up front thorizing committees after the feasibil- biological problems for many years. today, before the studies come back ity study in order to approve the con- They have been well publicized fish and tell us what it is, and the project struction plans. kills and die-offs of migratory water- will be authorized without regard to In basic point, what we have here is fowl that raise both environmental those studies. The authorization will a conflict. Radical environmentalists, concerns and issues involving inter- be squirreled away. who are also preservationists, find national treaty obligations. Various The point is this, this is a very com- themselves in conflict with also their scientific studies have attempted to plex problem. It is not just the issue of advocacy of protection of the endan- pinpoint the biological cause of the salinity. It is the issue of nutrient gered species. So what they really have enormous fish kills and the bird die- loading. Many of the scientists say we here is they are endorsing the radical offs that afflict this body of water. can deal with some of the salinity preservationists’ view on the environ- In 1992, the Congress passed legisla- problems with the diking program and ment, and they want the Salton Sea to tion that I wrote expanding these stud- others, but the problem is that we still die, just let it go, let it go, let it go. ies and the Department of Interior is have not dealt with what may be kill- We say no to that position. In mem- engaged in that additional research, al- ing many of the birds and the wildlife ory of Sonny Bono, we will step for- though there have not been the appro- in this area. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5545 So the point is that I think that we We can cut down the time frame in This authorization of over $350 mil- have an obligation to treat this project which to deal with the problems of the lion deserves a deliberate process and as we treat all other projects: That is, Salton Sea and make some determina- the use of a full open authorization ap- we authorize studies to come up with tions. As Members know, the majority propriation actions. the feasibility to determine what is leader of the Senate said if it takes I thank the gentleman for yielding to feasible, to determine what the costs more than an hour, it is not coming up me and thank him for his statement. are going to be, and then we come back in the Senate between now and ad- Mr. MILLER of California. Madam and we authorize that project for the journment. Speaker, I thank the gentleman. purposes of appropriation, if those Mr. VENTO. Madam Speaker, will Mr. DREIER. Madam Speaker, I yield studies work out. That is how everyone the gentleman yield? such time as he may consume to the else in this Congress gets their projects Mr. MILLER of California. I yield to gentleman from Redlands, California authorized. the gentleman from Minnesota. (Mr. LEWIS). The fact of the matter is, in some Mr. VENTO. Madam Speaker, I rise Californians could not ask for a more cases after we do the studies, we make in opposition to the rule. able dean of our delegation. determinations that that is really not It is an irony that we have really Mr. LEWIS of California. Madam worth the expenditure of the public’s what I consider would be a very popu- Speaker, I express my appreciation to money or a project has to be redesigned lar and a very positive initiative in my colleague from the Committee on or we scale a project down. Those are terms of trying to clean up and try to Rules not only for his work today but all determinations that are made with- address the problems of the Salton Sea. the hard work he has put into shaping in the process of these projects. I do not know if it is possible to really this rule and being of such assistance I also want to point out that this leg- clean it up in terms of both the nutri- to those of us on the task force who are islation has a number of problems on it ents and the salt, because of the nature involved in attempting to save the that have been raised, concerns, by of the delta that it rests on, this an- Salton Sea. statement of administration policy cient seabed. But in any case, it is I listened to the discussion of my col- from the Clinton administration. They ironic that we get wrapped around the league from California from the com- have problems with letter funding axle here today on the basis of an un- mittee as he was discussing the rule mechanisms of this legislation, the known type of action and project. and could not help but be reminded of fact that the bill currently takes the Everybody apparently agrees there the fact that, as he reminded us, that funding from the Land and Water Con- has to be study because the measure the Salton Sea has been under consid- servation Fund. This is a trust fund before us and the substitute that my eration for a considerable length of that is to be used for the purchase of colleague, the gentleman from Califor- time. public lands and the maintenance of nia (Mr. MILLER) is going to present, The problem is that the Salton Sea our parks and wilderness areas on the which I support, says that we have to and the economic, the environmental public lands. And this would invade do a study. You have to do more study challenge it provides for us has been that to the extent of over two times of in terms of putting in place the nature around for a long, long time. It is to what we authorize in a single year of the type of project. There has been a the point of being the most significant would be taken out for this single great deal of research work that has environmental crisis in the west at this project. been done on this, but unfortunately it moment. If indeed our committees had The cost sharing would exempt is not in specifics yet. chosen to go forward with serious ac- irrigators from the cost-sharing re- I think that the opposition to this is tion regarding this problem years and sponsibility for project implementa- not one in terms of delaying it, because years ago, the problem would have al- tion. So we are putting that load on clearly it is going to take the 18 ready been solved. It would have cost the taxpayers. The limitations on li- months, which the sponsors and advo- considerably less money. abilities, we find what we are doing is cates for this are proposing to be in I must say that this very important we are taking the liability for anything place. If you really want to push this environmental project has not received that goes wrong in this project, we are program up, what you really ought to that kind of priority in the past, and I taking that off of the back of every- do is appropriate the money right now am very disconcerted about that, espe- body else that is around the Salton Sea for the project. That is, in essence, cially when Members suggest that we and saying we are going to load that li- what is being done in terms of author- are moving forward much too rapidly ability, if things go wrong, on the back ization. We would not see the appropri- now in terms of consideration when the of the Federal taxpayer. ators standing up in the House doing challenge has been there for several Clean water exemptions have already that without any specific project. The decades. been addressed. The administration has authorizers themselves on our Re- I must say that I could not be more problems with those. And the congres- sources Committees should not be pro- pleased, however, with the fact that sional review, the Department of Jus- posing without some definitive policy this act will be entitled the Sonny tice has advised that the provisions path, especially considering what the Bono Memorial Salton Sea Reclama- granting congressional committee au- elements are. I mean, the limits on ju- tion Act, for it was not until Sonny thority to approve or disapprove execu- dicial review, the limits on the Clean Bono really grabbed this problem by tive actions without the enactment of Water Act, the limits on liability, the the horns and drug a lot of us along legislation would be unconstitutional. limits on who is going to be paying in with him to make sure that the Con- So this is a piece of legislation that terms of who is responsible for some of gress focused upon this crisis, made may very well pass this House, but it the damage in the future, the limits on sure we had a pathway to action re- certainly is not going to get consider- not using the Colorado water, this is garding finding a solution, he was re- ation in the Senate. Senator CHAFEE the delta of the Colorado River, yet sponsible for leading the Salton Sea has already indicated that their com- you cannot use water from the Colo- task force, which involves my col- mittee would not have time to take rado River for this particular purpose. leagues, the gentlemen from California this legislation up in this condition. So these are just some of the obvious (Mr. BROWN), who is in the adjacent They would hope that we would send shortcomings that exist with regard to district of mine in Southern California, them a clean bill so they could pass the this measure. We will have a chance to (Mr. HUNTER), (Mr. CALVERT) along legislation, and we can get on with the discuss them further, but this rule is a with myself. And in recent months we studies that are necessary to be done. closed rule and one that I cannot sup- have had the able leadership of the gen- There is nothing in the substitute that port. I think the process is one that I tlewoman from California (Mrs. BONO), delays those studies. There is nothing do not think is sound in terms of deal- our colleague who represents much of in the substitute which does not re- ing with and developing a good policy the sea. quire the Secretary then to report back path on an issue that there would be I must say it has been her dynamic the results of those studies. But I think and could be consensus upon but for expression of concern that we follow it is a way to get this bill enacted so the getting the cart before the horse on through on this priority of Sonny’s that we can get on with those studies. this measure. that has added the sort of momentum H5546 CONGRESSIONAL RECORD — HOUSE July 15, 1998 that we need to see this legislation Sonny Bono Salton Sea Memorial Reclama- Sec. 103. Salton Sea National Wildlife Ref- through to success. tion Act. uge renamed as Sonny Bono There is little doubt that the chal- I would like to thank Chairman SOLOMON Salton Sea National Wildlife Refuge. lenge is very real, but also the problem RIER and Congressman D , as well as the rest Sec. 104. Alamo River and New River irriga- is a solvable problem if we will but to the Rules Committee members for crafting tion drain water. move forward. This legislation lays the a rule that is both fair and reasonable. TITLE II—EMERGENCY ACTION TO foundation for reviewing a whole series The bill that we will be debating today is a STABILIZE SALTON SEA SALINITY of studies that have gone on for years good environmental bill. It sets our a sound Sec. 201. Findings and purposes. and years and years, selecting the al- process for both study and action to save the Sec. 202. Emergency action required. ternative approach to solution, and at Salton Sea. SEC. 2. FINDINGS. the same time lays the foundation for Congressman DRIER knows all too well the The Congress finds the following: the kind of authorization we need to problems facing the Salton Sea. When Sonny (1) The Salton Sea, located in Imperial and actually decide on which avenue is the passed, and the Speaker spoke of the need to Riverside Counties, California, is an eco- best one to follow. save this national treasure, Mr. DRIER was nomic and environmental resource of na- We have begun the appropriations right there all the way. tional importance. process by the way. There is funding in I believe that when he sat down to craft this (2) The Salton Sea is critical as— a number of appropriations subcommit- rule, he had in mind the need to save the (A) a reservoir for irrigation, municipal, and stormwater drainage; and tee bills now to move forward with the Salton Sea, and the urgency of which it needs (B) a component of the Pacific flyway. studies that we are talking about. In to be saved. (3) Reclaiming the Salton Sea will provide turn, we want to make sure as quickly Unlike the opponents of this bill, Mr. DRIER national and international benefits. as possible to move forward with au- and the rest of the Rules Committee want to (4) The Federal, State, and local govern- thorization of construction for there is save the Salton Sea. ments have a shared responsibility to assist not time to fool around with this any For those who do not find this Rule fair, I in the reclamation of the Salton Sea. longer. The committees have ignored it say: what was so fair by allowing the Sea to SEC. 3. DEFINITIONS. in the past for far too long. It is my get worse over the last 25 years, when this In this Act: judgment the sooner we have a broadly very body had an opportunity to take meas- (1) The term ‘‘Project’’ means the Salton based authorization, the sooner we can ures to save it then? Sea reclamation project authorized by sec- What is so fair about environmental groups tion 101. get appropriations in line that will ac- (2) The term ‘‘Salton Sea Authority’’ tually lead to construction and begin who finally stand up and take notice of the means the Joint Powers Authority by that to save this fabulous environmental op- Sea, when they have rarely been there in the name established under the laws of the State portunity that we have in the south- past? of California by a Joint Power Agreement land that provides huge recreational It's real simple: You're either of the Sea and signed on June 2, 1993. opportunities, economic opportunities, the environment, and vote Yes on the Rule. (3) The term ‘‘Secretary’’ means the Sec- changing an entire region in terms of Or you are for the demise of the Salton retary of the Interior, acting through the that which will be available to a siz- Sea, against Sonny's dream and for the oppo- Bureau of Reclamation. able portion of the population in sition of this Rule. TITLE I—SALTON SEA RECLAMATION Southern California and regions that Vote Yes on the Rule. PROJECT surround. Mr. DREIER. Madam Speaker, I yield SEC. 101. SALTON SEA RECLAMATION PROJECT back the balance of my time, and I AUTHORIZATION. b 1730 move the previous question on the res- (a) IN GENERAL.—The Secretary, in accord- So I want to express my deep appre- olution. ance with this section, shall undertake a The previous question was ordered. project to reclaim the Salton Sea, Califor- ciation first to the gentlewoman from nia. California (Mrs. MARY BONO) for her The SPEAKER pro tempore (Mrs. (b) PROJECT REQUIREMENTS.—The Project leadership, but beyond that to the gen- EMERSON). The question is on the reso- shall— tleman from California (Mr. DAVID lution. (1) reduce and stabilize the overall salinity DREIER) and the Committee on Rules The resolution was agreed to. of the Salton Sea to a level between 35 and for helping us with this rule today, and A motion to reconsider was laid on 40 parts per thousand; we urge support for the rule. the table. (2) stabilize the surface elevation of the Mr. HALL of Ohio. Madam Speaker, I Mr. DOOLITTLE. Mr. Speaker, pur- Salton Sea to a level between 240 feet below suant to House Resolution 500, I call up sea level and 230 feet below sea level; yield myself such time as I may con- (3) reclaim, in the long term, healthy fish sume to simply say that the gentleman the bill (H.R. 3267) to direct the Sec- and wildlife resources and their habitats; from California (Mr. MILLER) and the retary of the Interior, acting through (4) enhance the potential for recreational gentleman from Minnesota (Mr. the Bureau of Reclamation, to conduct uses and economic development of the VENTO), I believe, speak for many of us a feasibility study and construct a Salton Sea; and over here relative to their concerns and project to reclaim the Salton Sea, and (5) ensure the continued use of the Salton what they want this legislation to do. ask for its immediate consideration. Sea as a reservoir for irrigation drainage. And if this rule passes, I would hope The Clerk read the title of the bill. (c) FEASIBILITY STUDY.— The SPEAKER pro tempore (Mr. (1) IN GENERAL.—The Secretary shall that we would go with the Miller promptly initiate a study of the feasibility of PEASE). The bill is considered as having amendment. That seems to be the best various options for meeting the require- way to go. been read for amendment. ments set forth in subsection (b). The pur- Madam Speaker, I have no further re- The text of H.R. 3267 is as follows: pose of the study shall be to select 1 or more quests for time, and I yield back the H.R. 3267 practicable and cost-effective options and to balance of my time. Be it enacted by the Senate and House of Rep- develop a reclamation plan for the Salton Mr. DREIER. Madam Speaker, I yield resentatives of the United States of America in Sea that implements the selected options. myself such time as I may consume. Congress assembled, The study shall be conducted in accordance with the memorandum of understanding Obviously, with the remarks that we SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under paragraph (5). (a) SHORT TITLE.—This Act may be cited as have heard from Members, not only (2) OPTIONS TO BE CONSIDERED.—Options from California but from other parts of the ‘‘Sonny Bono Memorial Salton Sea Rec- lamation Act’’. considered in the feasibility study— the country, this is a very important (A) shall consist of— (b) TABLE OF CONTENTS.—The table of con- environmental issue for us and it is a tents of this Act is as follows: (i) use of impoundments to segregate a por- very important tribute not only to the tion of the waters of the Salton Sea in 1 or Sec. 1. Short title; table of contents. more evaporation ponds located in the late Sonny Bono but to his successor, Sec. 2. Findings. the gentlewoman from California (Mrs. Salton Sea basin; TITLE I—SALTON SEA RECLAMATION (ii) pumping water out of the Salton Sea; MARY BONO), who has done a very, very PROJECT (iii) augmented flows of water into the important job here for the entire Na- Sec. 101. Salton Sea reclamation project au- Salton Sea; and tion, and I urge support of the rule. thorization. (iv) a combination of the options referred Mrs. BONO. Madam Speaker, today, I rise Sec. 102. Concurrent wildlife resources stud- to in clauses (i), (ii), and (iii); and in support of the rule governing H.R. 3267, the ies. (B) shall be limited to proven technologies. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5547

(3) CONSIDERATION OF COSTS.—In evaluating (3) LIMITATION ON ADMINISTRATIVE AND JU- ment of the United States to the Salton Sea the feasibility of options, the Secretary shall DICIAL REVIEW.—(A) The actions taken pursu- National Wildlife Refuge is deemed to refer consider the ability of Federal, tribal, State ant to this title which relate to the con- to the Sonny Bono Salton Sea National and local government sources and private struction and completion of the Project, and Wildlife Refuge. sources to fund capital construction costs that are covered by the final environmental SEC. 104. ALAMO RIVER AND NEW RIVER IRRIGA- and annual operation, maintenance, energy, impact statement for the Project issued TION DRAIN WATER. and replacement costs. In that consider- under subsection (c)(4)(B), shall be taken (a) RIVER ENHANCEMENT.—The Secretary ation, the Secretary may apply a different without further action under the National shall conduct research and implement ac- cost-sharing formula to capital construction Environmental Policy Act of 1969 (42 U.S.C. tions, which may include river reclamation, costs than is applied to annual operation, 4321 et seq.). to treat irrigation drainage water that flows maintenance, energy, and replacement costs. (B) Subject to paragraph (2), actions of into the Alamo River and New River, Impe- (4) SELECTION OF OPTIONS AND REPORT.—Not Federal agencies concerning the issuance of rial County, California. later than 12 months after commencement of necessary rights-of-way, permits, leases, and (b) COOPERATION.—The Secretary shall im- the feasibility study under this subsection, other authorizations for construction and plement subsection (a) in cooperation with the Secretary shall— initial operation of the Project shall not be the Desert Wildlife Unlimited, the Imperial (A) submit to the Congress a report on the subject to judicial review under any law, ex- Irrigation District, California, and other in- findings and recommendations of the fea- cept in a manner and to an extent substan- terested persons. sibility study, including— tially similar to the manner and extent to (c) PERMIT EXEMPTION.—No permit shall be (i) a reclamation plan for the Salton Sea which actions taken pursuant to the Trans- required under section 402 of the Federal that implements the option or options se- Alaska Pipeline Authorization Act are sub- Water Pollution Control Act (33 U.S.C. 1342) lected under paragraph (1); and ject to review under section 203(d) of that for actions taken under subsection (a). (ii) specification of the construction activi- Act (43 U.S.C. 1651(d)). (d) AUTHORIZATION OF APPROPRIATIONS.— ties to be carried out under subsection (d); (g) AUTHORIZATION OF APPROPRIATIONS.— For river reclamation and other irrigation and There are authorized to be appropriated to drainage water treatment actions under this (B) complete all environmental compliance the Secretary to carry out the Project the section, there are authorized to be appro- and permitting activities required for those following: priated to the Secretary $2,000,000. construction activities. (1) For the feasibility study under sub- TITLE II—EMERGENCY ACTION TO (5) MEMORANDUM OF UNDERSTANDING.—(A) section (c) and completion of environmental STABILIZE SALTON SEA SALINITY The Secretary shall carry out the feasibility compliance and permitting required for con- SEC. 201. FINDINGS AND PURPOSES. study in accordance with a memorandum of struction of the Project, $22,500,000. (a) FINDINGS.—The Congress finds the fol- understanding entered into by the Secretary, (2) For construction of the Project, lowing: the Salton Sea Authority, and the Governor $300,000,000. (1) High and increasing salinity levels in of California. SEC. 102. CONCURRENT WILDLIFE RESOURCES Salton Sea are causing a collapse of the (B) The memorandum of understanding STUDIES. Salton Sea ecosystem. shall, at a minimum, establish criteria for (a) IN GENERAL.—The Secretary shall pro- (2) Ecological disasters have occurred in evaluation and selection of options under vide for the conduct, concurrently with the the Salton Sea in recent years, including the paragraph (1), including criteria for deter- feasibility study under section 101(c), of die-off of 150,000 eared grebes and ruddy mining the magnitude and practicability of studies of hydrology, wildlife pathology, and ducks in 1992, over 20,000 water birds in 1994, costs of construction, operation, and mainte- toxicology relating to wildlife resources of 14,000 birds in 1996, including more than 1,400 nance of each option evaluated. the Salton Sea by Federal and non-Federal endangered brown pelicans, and other major (d) CONSTRUCTION.— entities. wildlife die-offs in 1998. (1) INITIATION.—Upon expiration of the 60- (b) SELECTION OF TOPICS AND MANAGEMENT OF STUDIES.— (b) PURPOSES.—The purpose of this title is day period beginning on the date of submis- to provide an expedited means by which the sion of the feasibility study report under (1) IN GENERAL.—The Secretary shall estab- lish a committee to be known as the ‘‘Salton Federal Government, in conjunction with subsection (c)(4), and subject to paragraph (2) State and local governments, will begin ar- of this subsection, the Secretary shall initi- Sea Research Management Committee’’. The Committee shall select the topics of studies resting the ecological disaster that is over- ate construction of the Project. coming the Salton Sea. (2) COST-SHARING AGREEMENT.—The Sec- under this section and manage those studies. retary may not initiate construction of the (2) MEMBERSHIP.—The committee shall SEC. 202. EMERGENCY ACTION REQUIRED. Project unless, within the 60-day period re- consist of 5 members appointed as follows: The Secretary shall promptly initiate ac- ferred to in paragraph (1), the Secretary, the (A) 1 by the Secretary. tions to reduce the salinity levels of the Governor of California, and the Salton Sea (B) 1 by the Governor of California. Salton Sea, including— Authority enter into an agreement establish- (C) 1 by the Salton Sea Authority. (1) salt expulsion by pumping sufficient ing a cost-sharing formula that applies to (D) 1 by the Torres Martinez Desert water out of the Salton Sea prior to Decem- that construction. Cahuilla Tribal Government. ber 1, 1998, to accommodate diversions under paragraph (2); and (e) DETERMINATION OF METHOD FOR DISPOS- (E) 1 appointed jointly by the California (2) diversion into the Salton Sea of water ING OF PUMPED-OUT WATER.—The Secretary Water Resources Center, the Los Alamos Na- available as a result of high-flow periods in shall, concurrently with conducting the fea- tional Laboratory, and the Salton Sea Uni- late 1998 and early 1999. sibility study under subsection (c), initiate a versity Research Consortium. process to determine how and where to dis- (c) COORDINATION.—The Secretary shall re- The SPEAKER pro tempore. Pursu- pose permanently of water pumped out of the quire that studies under this section are con- ant to House Resolution 500, the Salton Sea in the course of the Project. ducted in coordination with appropriate Fed- eral agencies and California State agencies, amendment printed in House Report (f) RELATIONSHIP TO OTHER LAW.— including the California Department of 105–624 is adopted. (1) RECLAMATION LAWS.—Activities author- Water Resources, California Department of The text of H.R. 3267, as amended, is ized by this section or any other law to im- Fish and Game, California Resources Agen- as follows: plement the Project shall not be subject to cy, California Environmental Protection Strike all after the enacting clause and in- the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. Agency, California Regional Water Quality sert the following: 391 et seq.), and Acts amendatory thereof and Board, and California State Parks. supplemental thereto. Amounts expended for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (d) PEER REVIEW.—The Secretary shall re- (a) SHORT TITLE.—This Act may be cited as those activities shall be considered non- quire that studies under this section are sub- reimbursable and nonreturnable for purposes the ‘‘Sonny Bono Memorial Salton Sea Rec- jected to peer review. lamation Act’’. of those laws. Activities carried out to im- (e) AUTHORIZATION OF APPROPRIATIONS.— plement the Project and the results of those (b) TABLE OF CONTENTS.—The table of con- For wildlife resources studies under this sec- tents of this Act is as follows: activities shall not be considered to be a sup- tion there are authorized to be appropriated plemental or additional benefit for purposes Sec. 1. Short title; table of contents. to the Secretary $5,000,000. Sec. 2. Findings. of the Reclamation Reform Act of 1982 (96 SEC. 103. SALTON SEA NATIONAL WILDLIFE REF- Sec. 3. Definitions. Stat. 1263; 43 U.S.C. 390aa et seq.). UGE RENAMED AS SONNY BONO TITLE I—SALTON SEA RECLAMATION (2) PRESERVATION OF RIGHTS AND OBLIGA- SALTON SEA NATIONAL WILDLIFE TIONS WITH RESPECT TO THE COLORADO REFUGE. PROJECT RIVER.—This section shall not be considered (a) REFUGE RENAMED.—The Salton Sea Na- Sec. 101. Salton Sea Reclamation Project to supersede or otherwise affect any treaty, tional Wildlife Refuge, located in Imperial authorization. law, or agreement governing use of water County, California, is hereby renamed and Sec. 102. Concurrent wildlife resources stud- from the Colorado River. All activities to shall be known as the ‘‘Sonny Bono Salton ies. implement the Project under this section Sea National Wildlife Refuge’’. Sec. 103. Salton Sea National Wildlife Ref- must be carried out in a manner consistent (b) REFERENCES.—Any reference in any uge renamed as Sonny Bono with rights and obligations of persons under statute, rule, regulation, executive order, Salton Sea National Wildlife those treaties, laws, and agreements. publication, map, or paper or other docu- Refuge. H5548 CONGRESSIONAL RECORD — HOUSE July 15, 1998

Sec. 104. Relationship to other laws and (A) shall consist of— (2) RECLAMATION PLAN DEEMED APPROVED.— agreements governing the Colo- (i) use of impoundments to segregate a por- If any of the Committees fails to adopt a res- rado River. tion of the waters of the Salton Sea in 1 or olution under paragraph (1)(A) or (B) within TITLE II—EMERGENCY ACTION TO IM- more evaporation ponds located in the 60 legislative days (excluding days on which PROVE WATER QUALITY IN THE Salton Sea basin; Congress is adjourned sine die or either ALAMO RIVER AND NEW RIVER (ii) pumping water out of the Salton Sea; House is not in session because of an ad- Sec. 201. Alamo River and New River irriga- (iii) augmented flows of water into the journment of more than 3 days to a day cer- tion drainage water. Salton Sea; tain) after the date of submission of the re- (iv) a combination of the options referred port by the Secretary under subsection (c)(6), SEC. 2. FINDINGS. The Congress finds the following: to in clauses (i), (ii), and (iii); and that Committee is deemed to have approved (1) The Salton Sea, located in Imperial and (v) any other economically feasible remedi- the reclamation plan included in the report. (e) CONSTRUCTION.— Riverside Counties, California, is an eco- ation option the Secretary considers appro- priate; (1) INITIATION.—Subject to paragraph (2) of nomic and environmental resource of na- (B) shall be limited to proven technologies; this subsection and the availability of appro- tional importance. and priations, the Secretary shall initiate con- (2) The Salton Sea is critical as— (C) shall not include any option that— struction of the Project. (A) a reservoir for irrigation, municipal, (i) develops or promotes an ongoing reli- (2) COST SHARING.—The Federal share of and stormwater drainage; and ance on Colorado River water; or the costs of construction of the Project shall (B) a component of the Pacific flyway. (ii) is inconsistent with section 104 (b) or not exceed 50 percent of the total cost of (3) Reclaiming the Salton Sea will provide (c). that construction. national and international benefits. (3) PROJECT DESIGN CALCULATIONS.—In (3) COST SHARING AGREEMENT.—The Sec- (4) The Federal, State, and local govern- making Project design calculations, the Sec- retary may not initiate construction of the ments have a shared responsibility to assist retary shall apply assumptions regarding Project unless the Secretary, the Governor in the reclamation of the Salton Sea. water inflows into the Salton Sea Basin of California, and the Salton Sea Authority SEC. 3. DEFINITIONS. that— enter into an agreement that— In this Act: (A) encourage water conservation; (A) adopts the cost sharing formula for an- (1) The term ‘‘Committees’’ means the (B) account for transfers of water out of nual operation, maintenance, energy, and re- Committee on Resources and the Committee the Salton Sea Basin; placement costs that is included in the rec- on Transportation and Infrastructure of the (C) are based on the maximum likely re- lamation plan approved by the Committees House of Representatives and the Committee duction in inflows into the Salton Sea Basin; under subsection (d); and on Energy and Natural Resources and the and (B) implements the cost sharing require- Committee on Environment and Public (D) include the assumption that inflows ment under paragraph (2) of this subsection Works of the Senate. into the Salton Sea Basin could be reduced for construction costs. (2) The term ‘‘Project’’ means the Salton to 800,000 acre-feet or less per year. (4) LIMITATION ON EXPENDITURE OF FEDERAL Sea reclamation project authorized by sec- (4) CONSIDERATION OF COSTS.—In evaluating FUNDS.—No Federal funds may be expended tion 101. the feasibility of options, the Secretary shall for any construction activity under the (3) The term ‘‘Salton Sea Authority’’ consider the ability of Federal, tribal, State Project unless there are available to the Sec- means the Joint Powers Authority by that and local government sources and private retary from non-Federal sources amounts name established under the laws of the State sources to fund capital construction costs sufficient to pay the non-Federal share of of California by a Joint Power Agreement and annual operation, maintenance, energy, the cost of the activity. signed on June 2, 1993. and replacement costs. In that consider- (f) RELATIONSHIP TO OTHER LAW.— (4) The term ‘‘Secretary’’ means the Sec- ation, the Secretary may apply a cost shar- (1) RECLAMATION LAWS.—Activities author- retary of the Interior, acting through the ing formula to annual operation, mainte- ized by this Act or any other law to imple- Bureau of Reclamation. nance, energy, and replacement costs that is ment the Project shall not be subject to the TITLE I—SALTON SEA RECLAMATION different than the formula that applies to Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 391 PROJECT construction costs under subsection (e). et seq.), and Acts amendatory thereof and supplemental thereto. Amounts expended for SEC. 101. SALTON SEA RECLAMATION PROJECT (5) INTERIM REPORT.—Not later than 270 AUTHORIZATION. days after the date of enactment of this Act, those activities shall be considered non- (a) IN GENERAL.—The Secretary, in accord- the Secretary shall submit to the Congress reimbursable for purposes of those laws. Ac- ance with this section, shall undertake a an interim report on the study. The interim tivities carried out to implement the Project project to reclaim the Salton Sea, Califor- report shall include— and the results of those activities shall not nia. (A) a summary of the options considered in be considered to be a supplemental or addi- (b) PROJECT REQUIREMENTS.—The Project the study for the reclamation of the Salton tional benefit for purposes of the Reclama- shall— Sea; and tion Reform Act of 1982 (96 Stat. 1263; 43 (1) reduce and stabilize the overall salinity (B) any preliminary findings regarding pre- U.S.C. 390aa et seq.). of the Salton Sea; ferred options for reclamation of the Salton (2) PRESERVATION OF RIGHTS AND OBLIGA- (2) stabilize the surface elevation of the Sea. TIONS WITH RESPECT TO THE COLORADO Salton Sea; (6) REPORT AND PLAN.—Not later than 18 RIVER.—This Act shall not be considered to (3) reclaim, in the long term, healthy fish months after funds have been made available supersede or otherwise affect any treaty, and wildlife resources and their habitats; to carry out the feasibility study under this law, or agreement governing use of water (4) enhance the potential for recreational subsection, the Secretary shall— from the Colorado River. All activities to uses and economic development of the (A) submit to the Committees a report on implement the Project under this Act must Salton Sea; and the findings and recommendations of the fea- be carried out in a manner consistent with (5) ensure the continued use of the Salton sibility study, including— rights and obligations of persons under those Sea as a reservoir for irrigation drainage. (i) the reclamation plan for the Salton Sea treaties, laws, and agreements. (c) FEASIBILITY STUDY.— pursuant to paragraph (1), including a cost (3) JUDICIAL REVIEW.—Any complaint or (1) IN GENERAL.—(A) The Secretary shall sharing formula for operation and mainte- challenge of any decision, action, or author- promptly initiate a study of the feasibility of nance; and ization taken pursuant to this Act shall be various options for meeting the require- (ii) complete specifications of the con- filed in a United States district court within ments set forth in subsection (b). The pur- struction activities to be carried out under 60 days after the date of the decision, action, pose of the study shall be to select 1 or more subsection (e), that are sufficient to use for or the authorization. Such court shall have practicable and cost-effective options and to soliciting bids for those activities, including jurisdiction to resolve any complaint or develop a reclamation plan for the Salton professional engineering and design speci- challenge in accordance with chapter 7 of Sea that implements the selected options. fications and drawings and professional engi- title 5, United States Code, except that the (B)(i) The Secretary shall carry out the neer cost estimates; and court shall expedite its review as necessary feasibility study in accordance with a memo- (B) complete all environmental compliance to ensure that remedial actions at the randum of understanding entered into by the and permitting activities required for those Salton Sea are not unduly or inappropriately Secretary, the Salton Sea Authority, and the construction activities. delayed. If a temporary restraining order or Governor of California. (d) CONGRESSIONAL REVIEW OF REPORT AND preliminary injunction is entered into by a (ii) The memorandum of understanding RECLAMATION PLAN.— court, the court shall proceed to a final judg- shall, at a minimum, establish criteria for (1) REVIEW BY COMMITTEES.—After receipt ment in the matter within 90 days there- evaluation and selection of options under of the report of the Secretary under sub- after. subparagraph (A), including criteria for de- section (c)(6), each of the Committees shall— (4) LIMITATION ON LIABILITY.—(A) In regard termining the magnitude and practicability (A) adopt a resolution approving the rec- to any actions, programs, or projects imple- of costs of construction, operation, and lamation plan included in the report; or mented by the Secretary under the authority maintenance of each option evaluated. (B) adopt a resolution disapproving the of this Act, the Imperial Irrigation District (2) OPTIONS TO BE CONSIDERED.—Options reclamation plan and stating the reasons for and Water District shall considered in the feasibility study— that disapproval. not be liable for any damages arising from— July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5549 (i) enlargement of the Salton Sea and the (C) any combination of subparagraphs (A) Stat. 105), the Colorado River Basin Project encroachment of water onto adjacent lands; and (B); Act (82 Stat. 885), including the Criteria for (ii) reduction of the elevation of the Salton as specified in appropriations Acts. Coordinated Long Range Operation of Colo- Sea, including exposure of lakebed sediments rado River Reservoirs and the Annual Oper- SEC. 102. CONCURRENT WILDLIFE RESOURCES to the environment; or STUDIES. ating Plans developed thereunder, the San (iii) any other occurrence which might re- Luis Rey Indian Water Rights Settlement (a) IN GENERAL.—The Secretary shall pro- sult in a claim of damage by any owner of vide for the conduct, concurrently with the Act (102 Stat. 4000), any contract entered property adjacent to the Salton Sea or any feasibility study under section 101(c), of into pursuant to section 5 of the Boulder other person. studies of hydrology, wildlife pathology, and Canyon Project Act, or any other entitle- (B) No person, including the Imperial Irri- toxicology relating to wildlife resources of ment to the use of the Colorado River exist- gation District, California, the Coachella the Salton Sea by Federal and non-Federal ing pursuant to or recognized by Federal Valley Water District, California, the Salton entities. law. Furthermore, nothing contained in this Sea Authority, the Metropolitan Water Dis- Act shall be construed as indicating an in- (b) SELECTION OF TOPICS AND MANAGEMENT trict of Southern California, and the San tent on the part of the Congress to change OF STUDIES.— Diego County Water Authority, but not in- the existing relationship of Federal law to (1) IN GENERAL.—The Secretary shall estab- cluding the Government of the United lish a committee to be known as the ‘‘Salton the laws of the States or political subdivi- States, shall be liable for damages arising Sea Research Management Committee’’. The sions of a State with regard to the diversion from any effects to the Salton Sea or its bor- committee shall select the topics of studies and use of Colorado River water, or to re- dering area resulting from— under this section and manage those studies. lieve any person of any obligation imposed (i) cooperation with the Secretary in re- by any law of any State, tribe, or political (2) MEMBERSHIP.—The committee shall gard to any actions, programs, or projects consist of the following 5 members: subdivision of a State. No provision of this implemented pursuant to this Act; (A) The Secretary. Act shall be construed to invalidate any pro- (ii) any action to comply with an order of (B) The Governor of California. vision of State, tribal, or local law unless the Secretary under this Act, a State or Fed- (C) The Executive Director of the Salton there is a direct conflict between such provi- eral court, or a State or Federal administra- Sea Authority. sion and the law of the State, or political tive or regulatory agency interpreting this (D) The Chairman of the Torres Martinez subdivision of the State or tribe, so that the Act; or Desert Cahuilla Tribal Government. two cannot be reconciled or consistently (iii) any other action that reduces the vol- (E) The Director of the California Water stand together. ume of water that flows directly or indi- Resources Center. (b) LIMITATION ON COLORADO RIVER rectly into the Salton Sea. WATER.—Nothing in this Act shall be con- (c) COORDINATION.—The Secretary shall re- (C) This title shall not be construed to ex- quire that studies under this section are co- strued to enlarge an existing entitlement or empt any person, including the Imperial Irri- ordinated through the Science Subcommit- to create a new entitlement to Colorado gation District, California, the Coachella tee which reports to the Salton Sea Research River water for California or any user there- Valley Water District, California, the Salton Management Committee. In addition to the in. (c) FLOOD FLOWS.—In no event shall Colo- Sea Authority, the Metropolitan Water Dis- membership provided for by the Science Sub- rado River water be diverted for Salton Sea trict of Southern California, and the San committee’s charter, representatives shall restoration except as provided in this sub- Diego County Water Authority, from— be invited from the University of California, section. Diversion into the All-American (i) any requirements established under the Riverside; the University of Redlands; San Canal for delivery directly to the Salton Sea California Environmental Quality Act or the Diego State University; the Imperial Valley of flood flows in the Colorado River that are National Environmental Policy Act of 1969 College; and Los Alamos National Labora- required by the Water Control Manual for (42 U.S.C. 4321 et seq.); or tory. (ii) any obligations otherwise imposed by Flood Control, Hoover Dam and Lake Mead, (d) PEER REVIEW.—The Secretary shall re- Colorado River, Nevada-Arizona, adopted law. quire that studies under this section are sub- February 8, 1984, and which would pass to (D) The limitation on liability of the jected to peer review. United States contained in section 3 of the Mexico in excess of the amount required to (e) AUTHORIZATION OF APPROPRIATIONS.— be delivered pursuant to the Mexican Water Act entitled ‘‘An Act for the control of For wildlife resources studies under this sec- Treaty and Minute 242 thereunder may be floods on the Mississippi River and its tribu- tion there are authorized to be appropriated made available to carry out the purposes of taries, and for other purposes’’, approved to the Secretary from the land and water this Act. The volume of water diverted pur- May 15, 1928 (chapter 569; 33 U.S.C. 702c), conservation fund $5,000,000. shall not apply to surplus flood flows that suant to this subsection shall be limited to are diverted to the Salton Sea pursuant to SEC. 103. SALTON SEA NATIONAL WILDLIFE REF- the excess capacity of the All-American UGE RENAMED AS SONNY BONO this Act. SALTON SEA NATIONAL WILDLIFE Canal to carry such flood flows after, and as, (g) AUTHORIZATION OF APPROPRIATIONS.— REFUGE. it has been used to meet existing obligations. (1) IN GENERAL.—There are authorized to be (a) REFUGE RENAMED.—The Salton Sea Na- The diversion of water from time to time appropriated to carry out the Project the fol- tional Wildlife Refuge, located in Imperial under this subsection shall not give rise to lowing: County, California, is hereby renamed and any ongoing right to the recurrent use of (A) For the feasibility study under sub- shall be known as the ‘‘Sonny Bono Salton such waters or the All American Canal or fa- section (c), including preparation and any re- Sea National Wildlife Refuge’’. cilities. vision of the reclamation plan under sub- (b) REFERENCES.—Any reference in any TITLE II—EMERGENCY ACTION TO IM- sections (c) and (d), and completion of envi- statute, rule, regulation, executive order, PROVE WATER QUALITY IN THE ALAMO ronmental compliance and permitting re- publication, map, or paper or other docu- RIVER AND NEW RIVER quired for construction of the Project, ment of the United States to the Salton Sea SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGA- $22,500,000. National Wildlife Refuge is deemed to refer TION DRAINAGE WATER. (B) For construction of the Project in ac- to the Sonny Bono Salton Sea National (a) RIVER ENHANCEMENT.— cordance with a reclamation plan approved Wildlife Refuge. (1) IN GENERAL.—The Secretary is author- by the Committees, $350,000,000. SEC. 104. RELATIONSHIP TO OTHER LAWS AND ized and directed to promptly conduct re- (2) ALLOCATION OF APPROPRIATIONS.— AGREEMENTS GOVERNING THE COL- search and construct river reclamation and Amounts authorized under paragraph (1)(B) ORADO RIVER. wetlands projects to improve water quality may be appropriated to the Administrator of (a) PRESERVATION OF RIGHTS AND OBLIGA- in the Alamo River and New River, Imperial the Environmental Protection Agency and TIONS WITH RESPECT TO THE COLORADO County, California, by treating water in the Secretary of the Interior in amounts RIVER.—Nothing in this Act shall be con- those rivers and irrigation drainage water that ensure that neither the Administrator strued to alter, amend, repeal, modify, inter- that flows into those rivers. nor the Secretary is appropriated substan- pret, or to be in conflict with the provisions (2) ACQUISITIONS.—The Secretary may ac- tially all of the Project construction costs. of the Colorado River Compact (45 Stat. quire equipment, real property, and interests (3) APPROPRIATIONS TO THE ADMINISTRATOR 1057), the Upper Colorado River Basin Com- in real property (including site access) as OF THE ENVIRONMENTAL PROTECTION AGENCY.— pact (63 Stat. 31), the Water Treaty of 1944 needed to implement actions under this sec- Amounts appropriated under paragraph with Mexico (Treaty Series 944, 59 Stat. 1219 tion if the State of California, a political (1)(B) to the Administrator of the Environ- and Minute 242 thereunder), the Colorado subdivision of the State, or Desert Wildlife mental Protection Agency shall be directly River Basin Salinity Control Act of 1974 (94 Unlimited has entered into an agreement available to the Secretary. Stat. 1063), the Flood Control Act of 1944 (58 with the Secretary under which the State, (4) APPROPRIATIONS TO THE SECRETARY OF Stat. 887), the decree entered by the United subdivision, or Desert Wildlife Unlimited, re- THE INTERIOR.—Amounts appropriated under States Supreme Court in Arizona v. Califor- spectively, will, effective 1 year after the paragraph (1)(B) to the Secretary may be— nia, et al. (376 U.S. 340) (1964) and decrees date that systems for which the acquisitions (A) derived from the land and water con- supplemental thereto, the Boulder Canyon are made are operational and functional— servation fund; Project Act (45 Stat. 1057), the Boulder Can- (A) accept all right, title, and interest in (B) appropriated to the Bureau of Reclama- yon Project Adjustment Act (45 Stat. 774), and to the equipment, property, or interests; tion; or the Colorado River Storage Project Act (70 and H5550 CONGRESSIONAL RECORD — HOUSE July 15, 1998 (B) assume responsibility for operation and This legislation will provide the au- It is true we have ignored this impor- maintenance of the equipment, property, or thority to deal with issues affecting sa- tant environmental problem for several interests. linity and water levels at the Salton decades, but that is even more reason (3) TRANSFER OF TITLE.—Not later than 1 Sea. A great deal of work has been why we should not rush in to a remedi- year after the date a system developed under this section is operational and functional, done to evaluate the causes of in- ation without completing the nec- the Secretary shall transfer all right, title, creased salinity as well as the periodic essary studies that we need to conduct. and interest of the United States in and to inundation and exposure of lands Therefore, I urge support of the Miller- all equipment, property, and interests ac- around the Sea. If we are ever to find Brown amendment and I urge a ‘‘no’’ quired for the system in accordance with the and implement the solutions, the time vote on this legislation if that amend- applicable agreement under paragraph (2). for action is upon us. Water quality is ment does not pass. (4) MONITORING AND OTHER ACTIONS.—The at an all time low. The Sea can no Mr. CALVERT. Mr. Speaker, I yield 4 Secretary shall establish a long-term mon- longer serve as the recreation resource minutes to the gentleman from Califor- itoring program to maximize the effective- it once was, and wildlife populations ness of any wetlands developed under this nia (Mr. HUNTER), a gentleman who has title and may implement other actions to continue to be adversely affected. a substantial portion of the Sea in his improve the efficacy of actions implemented Land, recreational, and ecological Congressional District and who has the pursuant to this section. values associated with the Sea have de- privilege to represent Imperial County. (b) COOPERATION.—The Secretary shall im- clined over the last two decades, due in Mr. HUNTER. Mr. Speaker, I thank plement subsection (a) in cooperation with large part to the rising salinity and my friend for yielding to me, and I the Desert Wildlife Unlimited, the Imperial surface elevation. Without efforts to want to thank the gentleman from Irrigation District, California, and other in- reduce and stabilize the salinity levels, California (Mr. ) for his terested persons. they will continue to rise and will have great work, along with the gentleman (c) CLEAN WATER ACT.—No permit shall be severe impacts on surrounding land- required under section 402 of the Federal from California (Mr. GEORGE BROWN) Water Pollution Control Act (33 U.S.C. 1342) owners, individuals who wish to use the and the gentleman from California (Mr. for a wetlands filtration or constructed wet- Sea for recreation, and the existing JERRY LEWIS), and, of course, the gen- lands project authorized by subsection (a)(1) fish and wildlife species. tlewoman from California (Mrs. MARY of this section. H.R. 3267 establishes the process for BONO) in putting this bill together. (d) AUTHORIZATION OF APPROPRIATIONS.— determining and implementing an en- This thing is really beyond being a For river reclamation and other irrigation gineering solution to save the Sea, remediation of a terrible problem. This drainage water treatment actions under this while also continuing the analysis to section, there are authorized to be appro- total project, including the Salton Sea evaluate and ensure the long-term and the New River, is going to create priated to the Secretary from the land and health of the Sea’s wildlife popu- water conservation fund $3,000,000. one of the biggest wetlands in the The SPEAKER pro tempore. After 1 lations. Additionally, this measure will United States. This is great news for hour of debate on the bill, as amended, authorize a water reclamation project people that love wildfowl and water- along the New and Alamo Rivers, the it shall be in order to consider the fur- fowl and all the bird species. There are major sources of water flowing into the ther amendment printed in the CON- some 380 bird species that utilize the Sea. GRESSIONAL RECORD, if offered by the Salton Sea. With that, Mr. Speaker, we obviously As the gentleman from California gentleman from California (Mr. MIL- are in favor of moving this bill and op- LER), or his designee, which shall be (Mr. DUKE CUNNINGHAM) said, it is a posing the Miller substitute. major piece of the Pacific flyway. It is considered read and debatable for 1 Mr. Speaker, I reserve the balance of a stop-over. In Imperial Valley, in fact, hour, equally divided and controlled by my time. the proponent and an opponent. Mr. MILLER of California. Mr. we actually have a bird festival, a wa- The gentleman from California (Mr. Speaker, I yield such time as she may terfowl and bird festival, that attracts DOOLITTLE) and the gentleman from consume to the gentlewoman from Col- now thousands of people because the California (Mr. MILLER) each will con- orado (Ms. DEGETTE). south end of the Salton Sea is one trol 30 minutes of debate on the bill. Ms. DEGETTE. Mr. Speaker, I thank place where they stop on that sojourn The Chair recognizes the gentleman gentleman for yielding me this time, from Canada, in some cases down to from California (Mr. DOOLITTLE). and I rise today in opposition to this Mexico, in other cases all the way Mr. DOOLITTLE. Mr. Speaker, I am bill, reluctantly, because I believe that down to Central and South America. going to yield my time to the gen- there is a great need in the Salton Sea We are going to build, along the 50 tleman from California (Mr. CALVERT) if we can begin to remediate all of the miles of desert river, from where New for purposes of control. problems that it has. However, the leg- River enters the United States at The SPEAKER pro tempore. Without islation, as drafted, contains a number Calexico and Mexicali, we are going to objection, the gentleman from Califor- of anti-environmental provisions which build 50 miles of marshes. And through nia (Mr. CALVERT) will control the could jeopardize the Sea’s revitaliza- those marshes we are going to sift New time. tion. River. There was no objection. This bill provides unneeded exemp- So we really have three legs to this Mr. CALVERT. Mr. Speaker, I yield tions from the Clean Water Act, it project. One is a desalinization prob- myself such time as I may consume. places time limits to judicial review lem. And that is the idea of diluting Mr. Speaker, I thank my friend from associated with the project, and it im- this salt before it gets up to 60,000 parts California. As my colleagues can prob- properly uses the Land and Water Con- per million and kills the Sea. ably tell, he is not feeling well and so servation Fund to fund its cleanup. The The other part of this project, of I will fill in for our able friend from LWCF provides funding for acquisition course, is the Mexicali project. And California. I have a statement to read of high priority lands, and by diverting that is the part I have talked to the on his behalf. up to $350 million from the LWCF to gentleman from California (Mr. Mr. Speaker, I appear on behalf of the Salton Sea project, it jeopardizes GEORGE MILLER) about, in many cases, the gentleman from Alaska (Mr. DON the acquisition and protection of other and that is the part in which we join YOUNG) for consideration of H.R. 3267, high priority lands across the country. with Mexico, which we are doing right authored by our colleague the gen- In fact, this funding exceeds the total now, to wean the Mexican sewage sys- tleman from California (Mr. DUNCAN of $270 million that Congress appro- tem in Mexicali, Mexico, off the New HUNTER). priated in fiscal year 1998 for LWCF ac- River. Right now that system still As many of my colleagues are aware, quisitions. breaks down at times and pours stuff restoration of the Salton Sea was a pri- Consequently, I am supporting the into New River, and that waste ulti- mary concern of our late colleague, Miller-Brown amendment, which au- mately makes it way up to the Salton Sonny Bono. This bill, H.R. 3267, the thorizes an exhaustive 18-month study Sea. So we are doing a totally new Sonny Bono Memorial Salton Sea Rec- of the problems of the Salton Sea, com- project with Mexico. lamation Act, is designed to promote bining both science and engineering And, lastly, we are doing the third Sonny’s dream of quickly and effec- considerations, to determine the best leg, of course, which is this 50 miles of tively restoring the Salton Sea. solution. desert river that we are going to build July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5551 into 50 miles of marshes that will host are going to do that, and the sugges- b 1745 hundreds of bird species and be an tions are being made here in advance of And that has been true, and that is enormous boon to everyone who loves those studies, and that is a problem we the life of these projects, whether this wildlife and loves conservation. This is have. is the central Arizona projects, the a great, great program. In 1992, we tried to step up those Central Valley project in California, And I just want to say one last thing, studies and we passed legislation to the central Utah project, the Garrison and that is simply that we had to have step up those studies but, unfortu- project. All of these were projects in an exemption to the Clean Water Act nately, the appropriations for those the hundreds of millions of dollars because we cannot clean a river with studies have not been forthcoming. So where we ended up having to come marshes, according to the lawyers, here we are again now asking the Sec- back later and make major, major under the Clean Water Act. It says if retary of the Interior to engage in changes because of the unforeseen con- we take out the first bucketful of these studies and to report back to us sequences and because of inadequate water, we have to return it in drinking in 18 months. studies and because of an overwhelm- water form. And using marshes to The substitute that the gentleman ing political pressure to get this done. clean up rivers, which is environ- from California (Mr. GEORGE BROWN) Whatever it is that we do that we mentally accepted, is an incremental and I will offer to this legislation later want to get done should be done based process. Some of the river is cleaned up in the debate does exactly that. It co- upon the sciences, and the Congress in the first mile, some of the river in ordinates a project, scientific studies, should have the opportunity to review the second mile, some of the river in for 18 months, some of which the Sec- that and then to authorize, and the key the third mile. retary of the Interior has already word there is to ‘‘authorize,’’ as the There are bull rushes, there are duck started to undertake, and it requires Justice Department points out in the weed, there are pond weed, and all this an interim report after 9 months delin- President’s statement of administra- various aquatic plants that take the eating what they think some of the al- tion policy. That is the order. That is bad stuff out of the water. Our environ- ternatives will be and what the status what the Constitution requires. mentalists like that process. Unfortu- of those alternatives and the studies I think, in fact, that the Miller- nately, when we wrote the law up here are, and to have oversight hearings and Brown substitute will speed this proc- as congressmen, we made a little mis- to identify additional authorities if ess up because I think that is the alter- take and we made it so tight that we they need it. This puts the studies on native that has the best chance of cannot use marshes to clean up rivers. the same timetable. being taken up in the Senate and So we have what ‘‘60 Minutes’’ has passed by the Senate. This legislation Then we would do what I think this called the most polluted river in North will probably not pass the Senate. The bill does unconstitutionally, we would America. chairman of the committee over there then come to the Congress, to the Com- So let us use that good old common has said that he opposes this legisla- mittee on Resources, and ask them sense. We really worked with the envi- tion. Our two Senators have opposed what is this project that we want au- ronmental community in putting this this legislation. Senator LOTT says if it thorized; do we want to authorize this thing together. We extended the time, is controversial and takes more than project or do we not; do we want it this the study period, from 12 to 18 months, an hour, it probably will not go to the scale, smaller; or if there is going to be because Secretary Babbitt thought he floor in the Senate. needed 18 months. Instead of blocking alternatives which the studies lay out, So the purpose here of the gentleman which alternative do we want to do. judicial review, we cannot have people from California (Mr. BROWN) and my- sue in Federal Court every day until I think that is simply a prudent use self is to offer an amendment that we the Sea dies, so we just told the court of the taxpayers’ money. It does not think preserves the intent, the pur- to expedite that review. If somebody slow this project down at all unless we poses and the outcomes that everybody sues, give them their day in court, but believe that somehow by doing it this wants with respect to the Salton Sea in do not wait years to bring them to way today they are stealing the money California, but does it, I think, in a court while the Sea dies. We think that and Members of Congress will not un- simpler manner, in a more timely fash- is reasonable. That is something a lot derstand that we are talking about $380 ion, and one that is geared toward of environmentalists should like, the million in a single project. Then I greater chance of success as the closing fact that we are going to clean this guess we want to do it today. Other- days of this session come into sight. thing up so it does not languish in wise, we would do it in the regular And that is an important part of this courts. So we have touched on all those order, as all Members of Congress do consideration. bases. when they are representing projects Finally, I would just say that no And once again I want to thank the that they are interested in. matter what funds we look at with re- gentleman from California (Mr. CAL- For those reasons and for those dis- spect to this project, whether the VERT), the gentlewoman from Califor- tinctions between the bill, that is why money comes out of the Atlanta Water nia (Mrs. BONO), and the gentleman the administration opposes this legisla- Conservation Fund or whether the from California (Mr. LEWIS), who has tion. That is why almost every major money comes out of EPA or the money really been a driver in this process; but environmental group opposes this leg- comes out of the Bureau of Reclama- also the gentleman from California islation. It is why Taxpayers for Com- tion, we are talking about a major, (Mr. ), who came over mon Sense oppose this legislation. Be- major commitment of funds in this day here pretty much under the weather cause we have a terrible history in this and age. and really worked with us as we were Congress of authorizing water projects As every Member can tell us, as they putting this thing together. This is a sometimes that are not thoroughly line up before the Committee on Appro- great bill. Let us pass it and let us cel- studied, and we go back and spend bil- priations and ask for small amounts of ebrate for the environment. lions of dollars trying to correct the money to keep projects going, this one Mr. MILLER of California. Mr. mistakes that were made because we is a major commitment of any of the Speaker, I yield myself such time as I did not put the proper foresight into funds within any of those budgets with may consume. them, or because we had the political respect to construction projects in this Let me just say that I hope that this rush on to do something that over- day and age and in the budget con- debate does not get redundant, because whelmed our good judgment, over- straints that we have. And I think that I think there is a point at which, obvi- whelmed the science, and then we is another reason why we owe the regu- ously, both parties to this debate be- ended up funding something that, in lar order to the Members of Congress lieve that these studies should, in fact, fact, did not work, and either spent a and to the taxpayers to do the studies be conducted so that we can make lot of time with the Federal Govern- and then come back and, if we deter- some determinations about how to ment inheriting a huge amount of li- mine it is justified, to reauthorize the clean up the Salton Sea, if in fact that ability or trying to correct horrible en- project and to do it without all of these is possible to do. But we have already vironmental consequences of these offenses to the Clean Water Act, to the heard some suggestions about how we projects. questions of liability of the Federal H5552 CONGRESSIONAL RECORD — HOUSE July 15, 1998 taxpayers if things go wrong in this Conservation Funds for this project. I sion to commit $350 million, that is project and to holding other people would hope that that would address the called for in this legislation. harmless who should have a stake in principal concern of so many of my col- Mr. Speaker, I yield such time as he this legislation. leagues and will enable them to sup- may consume to the gentleman from For those reasons, Mr. Speaker, when port the bill. Oregon (Mr. DEFAZIO). the time is appropriate, the gentleman I would like to remind my colleagues Mr. DeFAZIO. Mr. Speaker, I thank from California (Mr. BROWN) and my- that the League of Conservation Voters the gentleman for yielding. self will be offering an amendment and the Audubon Society have stated For some reason, long ago, sometime when it is allowed under the rule. repeatedly that the Salton Sea is an when I was very young, I became aware Mr. Speaker, I reserve the balance of environmental disaster. We are here of the Salton Sea and became kind of my time. today to take a critical step towards fascinated with this inland body of Mr. CALVERT. Mr. Speaker, I yield 4 addressing this environmental disaster. water created by a manmade engineer- minutes to my good friend the gen- Some, instead of action now, will ad- ing mistake and had been saddened in tleman from upstate New York (Mr. vocate a lengthy study of the problem later life to see its incredible degrada- BOEHLERT). that the environmental community tion, and in particular the highly pub- (Mr. BOEHLERT asked and was given concluded years ago to be an environ- licized die-off of large numbers of mi- permission to revise and extend his re- mental disaster. This reminds me of gratory birds. marks.) the acid rain debate of the 1980s when This is a very prime stopping point Mr. BOEHLERT. Mr. Speaker, I rise Governor Tom Kean, Governor of New for migratory birds, so not only would this afternoon in support of this Sonny Jersey, said if all we do is continue to it be a tremendous resource for the Bono Memorial Salton Sea Reclama- study the problem, we are going to end people of southern California in terms tion Act. up with the worst documented environ- of its recreational values and environ- The legislation before us today au- mental disaster in history. mental values, but also for migratory thorizes significant new resources to We know the problem and we know birds and things that would benefit all improve water quality and habitat for the solution. I think the time to begin of us in the United States by having it wildlife in and around the largest body cleaning up the Salton Sea is long appropriately restored to health. of water in America’s most populous overdue. Let us get on with the job, That being said, we have a common State. Though concerns have been ex- and let us pay tribute in a responsible objective. The problem here is the pressed by some about the way in way to a former colleague who served process. And I have got to say that I which this project will be funded, and in many respects as an inspiration to a am a bit puzzled by recent actions in we are going to address that in a mo- lot of us in a lot of ways. And let us say the committee on which I have served ment, there is no question that this to the sitting Member who represents now for more than 11 years, formerly bill will result in substantial improve- that district who is advocating this called the Interior Committee and for- ment to a unique natural resource. legislation, she is doing a good job and merly called Natural Resources, now This legislation will result in the cre- we appreciate it and we are with her. called Resources. And I guess therein ation of extensive new wetlands criti- Mr. MILLER of California. Mr. lies the rub. The current chairman re- cal to migrating waterfowl in the Pa- Speaker, I yield myself 2 minutes just moved the word ‘‘natural’’ from the cific flyway. Thousands of ducks and in response. title because he took some offense to geese and shore birds visit the Salton First of all, let us understand that that, and things have been a little bit Sea each year. They do so now at their the timetables for the studies is identi- weird ever since. own peril. cally the same. The difference is that That is what is going on here today. This legislation will result in the re- we asked for a coordination of the sci- We are considering a number of bills moval of tons of pollutants daily that entific studies and the salinity studies tomorrow in the Subcommittee on are now flowing into the Salton Sea. to see whether or not we can, in fact, Water and Power that have some merit This legislation will protect and im- come up with a solution. in terms of turning over reclamation prove habitat for the birds and fish The bill offered by the majority only projects to local districts, but the that depend on the Salton Sea for their deals with salinity. The birds and the chairman of the subcommittee is going survival. Indeed, I can make a good fish are dying off today. It is not the to insist on environmental waivers, case that this legislation is salinity itself that is killing them. The which the President has promised will proenvironment. salinity will get worse and in all likeli- bring about vetoes on all of those, no As this legislation was being devel- hood will have a greater adverse im- matter what merit they might have. oped, concerns were raised about its pact on the fish kills and the bird die- I have the same problem with this Clean Water Act provisions. As the offs. legislation before us. Why not work out chairman of the House Subcommittee But that is the point of how we con- the differences with the administra- on Water Resources and Environment, structed the study. So we have the in- tion? I worked with both the majority and formation. There is no requirement in I know that the majority does not minority members of the Committee the bill to require the Secretary to like the reality of Bill Clinton in the on Resources to address the concerns consider all the available findings and White House. There are some days I do presented. reports that the science subcommittee not like the reality of Bill Clinton in The bill before us explicitly limits established pursuant to this legisla- the White House. Other days it is okay. changes to the Clean Water Act’s per- tion. And we think that this is a very The point is, it is a reality, and we mitting process to constructed wetland important part, because when we talk have a lengthy statement of adminis- projects, salt removal projects, and to the scientists, the scientists will tell tration policy here which is pretty de- wetlands filtration projects on the us that it is not the salinity alone that finitive. There are some problems we Alamo and New Rivers, the two pri- is the problem. The salinity is an egre- have to work out. Why not work out mary tributaries into the Salton Sea. gious problem, but it does not solve the these problems and achieve our com- The bill also contains measures pro- problem of the Salton Sea. mon objective, which is to clean up the tecting Good Samaritans who under- So people obviously can say whatever Salton Sea? take water quality improvement they want, but they should not suggest I think that this was a great dream projects on the Alamo and New Rivers that somehow this legislation is a di- of our deceased member, and I fully am from lawsuits. Again, the inclusion of version to lengthy studies. The time supportive of that dream. I would love these measures was to expedite the frame is the same. The studies are the to see it come to fruition in my life- pace of environmental restoration at same. The coordination is better. And time, and I would like to see it happen the Salton Sea. the report back and the interim ac- without a lot of unnecessary delay, but In a few minutes, there will be of- tions by the Secretary during those 18 there are substantive concerns here. fered for unanimous consent language months study so Congress will have the I am pleased to hear from the pre- deleting the single largest outstanding fullest amount of evidence and the best vious speaker that they are going to concern, the use of Land and Water evidence available as they make a deci- drop the proposal that the money come July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5553 out of the Land and Water Conserva- today, not just something symbolic, work in bringing H.R. 3267 to the House floor tion Funds. That would have been an something that actually will be en- today. This bill is a fitting tribute to my good unprecedented expenditure, and that is acted into law. friend, the late Sonny Bono. H.R. 3267 is a fine. I am happy to find the money Too many times that I have been good bill and I urge my colleagues to vote elsewhere in the budget. I can come up here, both with my own party in charge ``yes'' on this important piece of legislation. with some budgetary offsets to fund and now with the Republicans in Mr. CALVERT. Mr. Speaker, I yield 2 this, if it costs $350 million or half a charge, we do things for the day or for minutes to the gentleman from San billion or less. I do not know what it is the moment or to say we passed them Diego, California (Mr. CUNNINGHAM). going to cost, because the other con- out of the House of Representatives. Mr. CUNNINGHAM. Mr. Speaker, too cern here is I do not know that we Does not do us a lot of good if they do often we hear about the wetlands, not know the solution at this point in not get through the United States Sen- too often because wetlands have been time. ate and they do not get signed by the denigrated. But a plant in the middle From what I heard in the committee President of the United States. And a of the desert, because it flourishes for a and in the deliberations in the commit- number of the problems that I am few weeks, is not a wetland, or some- tee, we are not quite certain of how we pointing out here that are addressed by thing that is frozen at the top of a are going to go forward, what tech- the Miller substitute are problems that 12,000 foot peak for the last thousand nology or which one of these methods are going to cause problems in the years in my opinion is not a wetland. will work, what exactly are all the other body and are going to cause big But the opponents say that they oppose interrelationships between the salinity problems downtown. this bill, and yet it creates 50 miles of and the other pollution problems, the So I would just urge us to move wetlands complete with marshes that bird die-offs. None of this is totally ex- ahead deliberately with what I believe purify and clean the environment, 50 plicable. is probably the intent of all Members new miles with marshes that create I do not think that the Miller bill is of this body, and that is to get this job wetland. The wetland that is saved and being offered in the spirit of trying to done as expeditiously as possible and enhanced is the size of the Beltway delay the cleanup. It is not being of- honor the memory of our diseased col- here in Washington, D.C. fered because of some sort of pride of league. Mr. Speaker, we are not talking authorship. It is a genuine attempt to Mr. CALVERT. Mr. Speaker, I yield about a farm pond. We are talking get this thing done this year by this such time as he may consume to the about a sea so big that if we were in a Congress and move it forward so that gentleman from Illinois (Mr. EWING). boat, it is like being in an ocean. I have we can all live to see the cleanup of the (Mr. EWING asked and was given per- been there, and I think the gentleman Salton Sea. That is what is going on mission to revise and extend his re- from California (Mr. MILLER) has, too. here. marks.) But we are actually creating good with These are not insignificant concerns. I would like to thank Representatives' MARY the wetlands. There is probably a constitutional BONO, DUNCAN HUNTER, and KEN CALVERT, as The Miller substitute would study, problem with the way this bill is being well as the rest of my colleagues who worked and I agree there are other problems written by the manager’s amendment diligently to bring H.R. 3267 ``The Sonny Bono besides salinity with the Salton Sea. to require that the committees of juris- Memorial Salton Sea Restoration Act'' to the Agriculture is mostly to the south, diction basically sign off on the final floor today. though. Around the Salton Sea, if my project, and the Secretary would be This is an important piece of legislation colleagues have gone, it is all desert. subject to a resolution of the commit- which I am proud to be a cosponsor of. The pollution comes in through the tees, not of the entire Congress. The Salton Sea, located in both Riverside New River, and down, and filters, and I have been down that road with and Imperial counties in California, is the that is what we are going to fix, but other legislation. That does not stand State's largest inland body of water. up to scrutiny. If some obstructive per- It has been determined that the Salton Sea the farmlands are way to the south. son wants to sue, they can delay this has about only 12 years of life left before it They flow toward Mexico. They do not thing for years just because of that becomes a dead sea, whereby no life can be go in the Salton Sea. But yet I still provision. Why have that provision? We sustained. Passing H.R. 3267 goes a long think that pesticides and things like could have an expedited congressional way in preventing that from occurring. that are a problem for the birds that review. There are other ways to get What H.R. 3267 attempts to do is to simply land in those farmlands, but not the around that problem. It just seems improve the water quality of the Salton Sea by Salton Sea. that that was done in haste and per- reducing the salinity, and to stabilize the ele- And I would say to my friend that haps out of a desire to get this done, vation along the shoreline. said that, well, the Senate, the two but I think it is a problem. It does this by authorizing $22.5 million dol- senators from California, are against The Clean Water Act exemption, that lars for a feasibility study, environmental re- this. The one gentlewoman from Cali- is a problem. It is a problem with the view, and an engineering design of a con- fornia, her views are so extreme she administration. It is a problem with struction project. even opposed the tuna/dolphin bill some Members on this side. The bill also authorizes 350 million dollars which the President and the Vice Limitations on liability, that should for a construction project for the Salton Sea. President and five environmental lie with both sides of the aisle. We do There is also a 50/50 cost share between the groups supported. not want to expose the Federal tax- federal government and non-federal entities to So I would say support the bill, reject payers to have them assume new liabil- finance such a project. the Miller substitute. ities that they do not currently have It is important to note that the Salton Sea is Mr. CALVERT. Mr. Speaker, I yield 2 when there are other responsible au- also a major stop over for avian species along minutes to the gentleman from Santa thorities who should share in any fu- the Pacific Flyway. This is the primary reason Clara, California (Mr. MCKEON), my ture liability that might arise. why the Salton Sea is of national importance, good friend. Cost sharing, irrigators benefit. and why if it dies, it stands to take many birds Mr. MCKEON. Mr. Speaker, I thank Irrigators are a big part of the problem with its decline. the gentleman from California for in terms of the increased salinity in In the past five years, hundreds of thou- yielding this time to me. the chemical soup we are dealing with sands of birds have died at the Sea. In fact, I am pleased to rise today in support here. Why should not they have some at least 17,000 birds have died at the Salton of one of the most important pieces of cost sharing if they are going to con- Sea this year along. It is vitally important that environmental legislation that we will tinue to benefit and will doubly benefit we act now, and not wait to address this des- consider this year. Our late friend, by an improved and cleaner Salton perate situation. Sonny Bono, worked hard and in a bi- Sea? There are a number of other I believe we must take action to save the partisan manner to bring about aware- minor provisions that are of concern. Salton Sea now, or risk losing a major envi- ness for the Salton Sea and would be ronmental resource for not only the state of proud that his efforts are now re- b 1800 California, but the nation as a whole. warded. But I rise out of a genuine concern Again, I would like to thank Representatives' Mr. Speaker, the Salton Sea is a that we do something significant here BONO, HUNTER, and CALVERT for all their hard unique body of water, and it is a great H5554 CONGRESSIONAL RECORD — HOUSE July 15, 1998 resource that should be preserved. Al- years. It would be a shame if today we California lost, we would destroy one of though it was created by accident 93 let this opportunity pass us by. the last remaining stopovers in the Pa- years ago, it is a potential jewel that So I am hopeful that today we will cific flyway. We would only compound we should do all that we can to save. pass the bill, we will defeat the Miller the fish and bird deaths. All that would However, the sea is unfortunately substitute, and we can be proud of the be accomplished is that the bad envi- dying. According to studies, in only 12 fact that we are going to save the ronmental problem would be made years this body of water will become Salton Sea for future generations. worse. dead. It will not support life. Further Mr. Speaker, I yield such time as she Is that what people want, and is that complicating this problem is the pres- may consume to the gentlewoman from pro-environment? ence of botulism in the water that has California (Mrs. BONO) who represents To those who argue for more study I affected the native fish. As the fish be- the beautiful area of Palm Springs and say is not 20 years enough? Is that not come infected in the water, birds along a good part of the Salton Sea who has enough time to study this problem? the Pacific flyway eat the fish and re- really taken over the fight to save the Contrary to public opinion, Sonny tain and spread the disease. Since last Salton Sea. was not the first person to notice the year alone some 10,000 fish and 2,000 Mrs. BONO. Mr. Speaker, today I rise Salton Sea and that it was in dire birds have perished. in support of the bill, H.R. 3267, the shape. In fact, this problem was first Why is this important? Should the Sonny Bono Memorial Salton Sea Rec- brought forth by Jerry Pettis back in Salton Sea continue its decline to lamation Act. The Salton Sea is Cali- the early 1970s. If action was taken death, it will take with it many more fornia’s largest inland body of water, then to address this problem, we would birds and fish, thus robbing California and it sits in both my and the gen- not be here today talking about this and our Nation of a valuable environ- tleman from California (Mr. HUNTER’S) urgent need to save the sea. But the mental resource. district. This great body of water was sea was put on the back burner then, H.R. 3267 addresses these concerns formed by accident in 1905 and since not getting the attention it needed or and takes quick action to save this im- then has become an integral part of the deserved. Other projects in California portant body of water. This legislation region’s ecosystem system. In fact, it took center stage, and the sea became provides funding for research, environ- also now home to over 300 native bird worse. mental review and engineering designs species. It provides a major stopover on Well, my fellow colleagues, the sea to stabilize the shoreline of the Salton the Pacific flyway and up until a few cannot be put on the back burner any Sea and reduce its salinity. It also pro- years ago provided enjoyment for thou- longer. Action needs to be taken, and vides for an expedited judicial review sands of tourists who came to view this H.R. 3267 must be passed. to ensure that this area will not be- magnificent wonder. Unfortunately, its At this time, Mr. Speaker, I would come hostage to a lengthy court fight, health is in jeopardy. like to take a moment to thank all of given its relative short life expectancy. The Salton Sea, quite simply, is on a the people who have been involved with Mr. Speaker, I urge my colleagues to death watch. It has been estimated this bill. First and foremost, I would join me in supporting this important that if nothing is done to reverse the like to thank the Salton Sea Task legislation and the hard work that our salinity content of the sea, it will die Force members, the gentleman from colleague and my friend, the gentle- within 10 to 15 years. Currently, the California (Mr. HUNTER), the gen- woman from California (Mrs. BONO), Salton Sea is 25 percent saltier than tleman from California (Mr. LEWIS), has made to improve our environment that of the Pacific ocean, and the sele- the gentleman from California (Mr. and finish the work begun by her late nium is rising. Over the past few years CALVERT), and the gentleman from husband, Sonny. more than 100,000 birds have died due California (Mr. BROWN) for keeping Mr. CALVERT. Mr. Speaker, I yield to avian botulism. These numbers will Sonny’s dream of restoring the Salton myself such time as I may consume. continue to rise. It will only get worse. Sea alive with this bill. These are the Mr. Speaker, we have talked about We must act fast to save this great people that guided me through much of many of the reasons why the Salton body of water. this debate surrounding H.R. 3267, and I Sea is worth saving. I think that there H.R. 3267 provides the framework for owe them my deepest gratitude. is agreement on both sides of the aisle this action. Named after my late hus- Secondly, I want to thank the gen- that we want to save the Salton Sea. band, Sonny, and authored by my good tleman from California (Mr. DOO- The difference between the approach of friend and fellow task force member, LITTLE) for his leadership and hard the majority and the minority in this the gentleman from California (Mr. work guiding this bill through his Sub- case is that we actually want to do DUNCAN HUNTER), H.R. 3267 sets forth committee on Resources. He always something about it. the process to reclaim the Salton Sea. made time for me when I had ques- For over 30 years I have been reading A vote for H.R. 3267 is a vote for the en- tions, and I thank him for his efforts. newspaper articles about this study vironment. There is no other way to I would also like to thank the gen- and that study, about amounts of describe it. tleman from Alaska (Mr. YOUNG) for al- money that have been going in to look I invite any of my colleagues to come lowing this bill to be brought before his at the catastrophe of the Salton Sea, visit the Salton Sea so they can wit- committee. Without him we would not and nothing has happened, and yet ness firsthand the devastation that has be here today. again today we talk about yet another occurred in this part of the country, I especially want to thank the gen- study that leads potentially nowhere. the pictures of dead birds lying around tleman from Georgia (Mr. GINGRICH) for The great difference between the pro- the shoreline along with the stench of making the Salton Sea a major envi- posal today by the Salton Sea Task the body of water would make any- ronmental cause for the 105th Con- Force is that we actually are going to body’s stomach turn. However, in con- gress. Again, I want to thank Speaker do something about a problem that has trast, as one comes up upon the Salton GINGRICH. I know he was deeply moved existed for a long time, not talk about Sea from a distance, it is one of the by the carnage of the Salton Sea when it, but actually do something about it. most beautiful sights anyone’s eyes he came out to visit it shortly after People have talked about the birds, may ever witness. It is like an oasis in Sonny’s death, and I knew at this point the fish, the recreational resources the middle of the desert, as Sonny used by the look in his eyes he believed then that are going to waste. We can talk to say, yet there are those who advo- that it was good public policy. about that until the sea dies. And, Mr. cate the Salton Sea should just dry up I also want to thank Tony Orlando on Speaker, Sonny was a person that and die. my staff and all the members of staff spoke plainly, so I will speak plainly: Quite frankly, this is not an option. who have worked hard on this bill. It is time that we do something about This is one of the most dynamic eco- And, lastly, I want to thank all of this, and that is why we are here. systems in North America, teaming those whose footsteps I walked behind, Fifteen million people live near the with avian and aquatic life. Also what the Members who spoke of the need and Salton Sea. Actually much more than would be accomplished by killing the urgency to save the Salton Sea, but that around the southwest United sea? Absolutely nothing. With over 90 whose pleas fell on deaf ears, people States utilizes it and have for many percent of all wetlands in southern like Julie and Jerry and Shirley Pettis, July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5555 Al McCandless, and, most of all, Sonny b 1815 studies and for the river reclamation whom this bill is in memory of. Their AMENDMENT OFFERED BY MR. BOEHLERT and drainage and water treatment to voices are on this bill, Sonny’s voice is Mr. BOEHLERT. Mr. Speaker, I offer the tune of about $8 million. I would on this bill, and I proudly stand in sup- an amendment and I ask unanimous ask that the gentleman’s amendment include those, since those are unau- port. consent that it be adopted. thorized purposes for which the land Mr. Speaker, I urge a yes vote on The SPEAKER pro tempore. The H.R. 3267. and water conservation fund is created. Clerk will report the amendment. Mr. BOEHLERT. Mr. Speaker, if the The Clerk read as follows: Mr. SHUSTER. Mr. Speaker, I rise in sup- gentleman would be so kind as to jot port of H.R. 3267, the Sonny Bono Memorial Amendment offered by Mr. BOEHLERT: that down. Salton Sea Reclamation Act. Amend the proposed section 101(g)(4) to Mr. MILLER of California. I think This legislation offers an opportunity to re- read as follows: ‘‘(4) APPROPRIATIONS TO THE the gentleman amends proposed sec- store the Salton Sea for recreational and eco- SECRETARY OF THE INTERIOR.—Amounts ap- propriated under paragraph (1)(B) to the Sec- tion 101(g)(4), which does what the gen- logical purposes and to improve water quality retary may be appropriated to the Bureau of tleman said it does. But in another sec- in the Alamo River and the New River. Reclamation as specified in appropriations tion of the bill, in section 102(e) and The Committee on Transportation and Infra- Acts.’’. section 201(d), there is additional mon- structure has an interest in several sections of Mr. BOEHLERT (during the reading). ies coming from the land and water this bill, particularly section 101, which author- Mr. Speaker, I ask unanimous consent conservation fund. I would just ask izes the project to, among other things, im- that the amendment be considered as that those also be made a part of this prove water quality in the Salton Sea by re- read and printed in the RECORD. amendment so that we do not use any ducing salinity, including authorization of ap- The SPEAKER pro tempore. Is there of this for unauthorized purposes. propriations to carry out this project to the En- objection to the request of the gen- Mr. BOEHLERT. Mr. Speaker, if the gentleman will yield further, I do not vironmental Protection Agency; and section tleman from New York? think I have an objection. The gen- 201, which authorizes actions to improve There was no objection. tleman and I have worked so well over water quality in the Alamo River and New The SPEAKER pro tempore. Is there the years, and we are in basic agree- River, including a waiver of section 402 of the objection to the original request of the ment on this. I would like to see it in Federal Water Pollution Control Act for those gentleman from New York? writing, if the gentleman could just jot persons who utilize a wetland filtration or con- Mr. MILLER of California. Mr. it down. structed wetlands project to improve such Speaker, I reserve the right to object Mr. MILLER of California. Mr. water quality. for the purpose of having the gen- Speaker, if the gentleman wants to go I would like to thank the leadership of the tleman explain his amendment. ahead without prejudice and work out Resources Committee for working with me on Mr. BOEHLERT. Mr. Speaker, will this language, I am be glad to do that. these provisions. The Young-Doolittle sub- the gentleman yield? Mr. BOEHLERT. Mr. Speaker, I with- stitute addresses some of the concerns over Mr. MILLER of California. I yield to draw the amendment for now. the source of funding for this important project the gentleman from New York. AMENDMENT IN THE NATURE OF A SUBSTITUTE by ensuring that the cost of construction is di- Mr. BOEHLERT. Mr. Speaker, essen- OFFERED BY MR. MILLER OF CALIFORNIA vided between EPA and the Department of In- tially the amendment deletes on page Mr. MILLER of California. Mr. terior such that neither agency funds substan- 14 of the bill paragraph 4, subsections Speaker, I offer an amendment in the tially all of the project. The intent of this provi- (A) and (C), to make it abundantly nature of a substitute, Amendment No. sion is to allow this project to be funded with- clear that we are not going to have a 1, printed in the RECORD. out adversely affecting other important raid on the land and water conserva- The SPEAKER pro tempore. The projects funded by either EPA or the Depart- tion fund to finance the program. Clerk will designate the amendment. ment of Interior. The environmental community The text of the amendment is as fol- The Young-Doolittle substitute also address- raised this objection as its principal lows: es concerns over the waiver of Clean Water objection to the bill. I have here a let- Amendment in the Nature of a Substitute Act permitting by clarifying that this waiver ap- ter signed by a whole host of represent- Offered by Mr. MILLER of California: Strike all after the enacting clause and in- plies only to wetlands filtration and constructed atives from key environmental organi- zations with whom the gentleman from sert the following: wetlands projects to improve water quality in SECTION 1. SHORT TITLE. California (Mr. MILLER) and I work the Alamo River and the New River. This Act may be cited as the ‘‘Sonny Bono Even though it is not clear that these wet- very closely and have over the years. Memorial Salton Sea Restoration Act’’. lands projects even require a Clean Water Act They point out that they are strongly SEC. 2. FINDINGS. permit, it is an unfortunate reality that, under supportive of efforts to clean up the The Congress finds the following: the Clean Water Act, someone can be sued Salton Sea, but they are specific in (1) The Salton Sea, located in Imperial and Riverside Counties, California, is an eco- for stepping in and taking action to improve their strong objection to the authoriza- tion of funding from the land and water nomic and environmental resource of na- water quality. For example, in Calaveras tional importance. County, California, the local community took conservation fund. We agree with that, and I am pleased to report that this (2) The Salton Sea is a critical component action to protect its water supply by building of the Pacific flyway. However, the con- some dams and holding ponds to reduce run- amendment would eliminate that prin- centration of pollutants in the Salton Sea off from an abandoned mine. They were sued cipal objection. has contributed to recent die-offs of migra- I am not trying to suggest to anyone by an environmental group who got the court tory waterfowl. that this eliminates all of the objec- to agree that, by taking action to protect their (3) The Salton Sea is critical as a reservoir tions; it does not, as the gentleman for irrigation, municipal, and stormwater water supply, they became responsible for from California (Mr. MILLER) and I drainage. bringing the abandoned mine into compliance both know. But I think this makes a (4) The Salton Sea provides benefits to sur- with the Clean Water Act, which will cost over major improvement to the bill, and I rounding communities and nearby irrigation $10 million. and municipal water users. am pleased to offer the amendment. We need to protect Good Samaritans from (5) Restoring the Salton Sea will provide Mr. MILLER of California. Mr. national and international benefits. similar lawsuits under the Clean Water Act so Speaker, reclaiming my time, I thank they will be willing to step forward and take SEC. 3. DEFINITIONS. the gentleman for his last point, be- In this Act: action to improve water quality in the Alamo cause the environmental groups con- (1) The term ‘‘Study’’ means the Salton and New Rivers. tinue to oppose this legislation even Sea study authorized by section 4. I urge members to support this important with this amendment, should it be ac- (2) The term ‘‘Salton Sea Authority’’ legislation. cepted. means the Joint Powers Authority by that Mr. MILLER of California. Mr. I would also like to raise the ques- name established under the laws of the State Speaker, I yield back the balance of of California by a Joint Power Agreement tion, because I think the amendment signed on June 2, 1993. my time. needs to be fixed here for a second, be- (3) The term ‘‘Secretary’’ means the Sec- Mr. CALVERT. Mr. Speaker, I yield cause land and water conservation retary of the Interior, acting through the back the balance of my time. funds are also used for the wildlife Bureau of Reclamation. H5556 CONGRESSIONAL RECORD — HOUSE July 15, 1998 SEC. 4. SALTON SEA RESTORATION STUDY AU- tions for programs and actions authorized by SEC. 5. CONCURRENT WILDLIFE RESOURCES THORIZATION. this title, the Secretary shall submit to the STUDIES. (a) IN GENERAL.—The Secretary, in accord- Congress an interim progress report on res- (a) IN GENERAL.—Concurrently with the ance with this section, shall undertake a toration of the Salton Sea. The report Study under section 4, the Secretary shall study of the feasibility of various alter- shall— provide for the conduct of studies of hydrol- natives for restoring the Salton Sea, Califor- (A) identify alternatives being considered ogy, wildlife pathology, and toxicology relat- nia. The purpose of the Study shall be to se- for restoration of the Salton Sea; ing to wildlife resources of the Salton Sea by lect 1 or more practicable and cost-effective (B) describe the status of environmental Federal and non-Federal entities. options for decreasing salinity and otherwise compliance activities; (b) SELECTION OF TOPICS AND MANAGEMENT improving water quality and to develop a (C) describe the status of cost-sharing ne- OF STUDIES.— restoration plan that would implement the gotiations with State of California and local (1) IN GENERAL.—The Secretary shall estab- selected options. The Study shall be coordi- agencies; lish a committee to be known as the Salton nated with preparation of an environmental (D) describe the status of negotiations with Sea Research Management Committee. The impact statement pursuant to the National the Government of Mexico, if required; and Committee shall select the topics of studies Environmental Policy Act of 1969 evaluating (E) report on the progress of New River and under this section and manage those studies. alternatives for restoration of the Salton Alamo River research and demonstration au- (2) MEMBERSHIP.—The Committee shall Sea. The Study shall be conducted in accord- thorized by this Act. consist of 5 members appointed as follows: ance with the memorandum of understand- (2) CONGRESSIONAL ACTION.—Upon receipt of (A) 1 by the Secretary. ing under subsection (g). the interim report from the Secretary, the (B) 1 by the Governor of California. (b) STUDY GOALS.—The Study shall explore appropriate committees of the House of Rep- (C) 1 by the Torres Martinez Desert alternatives to achieve the following objec- resentatives and the Senate shall promptly Cahuilla Tribal Government. tives: schedule and conduct oversight hearings to (D) 1 by the Salton Sea Authority. (1) Reducing and stabilizing the overall sa- review implementation of the Salton Sea (E) 1 by the Director of the California linity, and otherwise improving the water restoration plan included in the report under Water Resources Center. quality of the Salton Sea. subsection (f), and to identify additional au- (c) COORDINATION.— (2) Stabilizing the surface elevation of the thorizations that may be required to effec- (1) IN GENERAL.—The Secretary shall re- Salton Sea. tuate plans and studies relating to the res- quire that studies conducted under this sec- (3) Reclaiming, in the long term, healthy toration of the Salton Sea. tion are conducted in coordination with ap- fish and wildlife resources and their habi- (f) REPORT TO CONGRESS.—Not later than 18 propriate international bodies, Federal agen- tats. cies, and California State agencies, includ- (4) Enhancing the potential for rec- months after commencement of the Study, the Secretary shall submit to the Congress a ing, but not limited to, the International reational uses and economic development of Boundary and Water Commission, the United the Salton Sea. report on the findings and recommendations of the Study. The report shall include the States Fish and Wildlife Service, the United (5) Ensuring the continued use of the States Environmental Protection Agency, Salton Sea as a reservoir for irrigation following: (1) A summary of options considered for re- the California Department of Water Re- drainage. sources, the California Department of Fish (c) OPTIONS TO BE CONSIDERED.— storing the Salton Sea. and Game, the California Resources Agency, (1) IN GENERAL.—Options considered in the (2) A recommendation of a preferred option the California Environmental Protection Study shall include each of the following and for restoring the Salton Sea. Agency, the California Regional Water Qual- any appropriate combination thereof: (3) A plan to implement the preferred op- ity Board, and California State Parks. (A) Use of impoundments to segregate a tion selected under paragraph (2). (2) SCIENCE SUBCOMMITTEE.—The Secretary portion of the waters of the Salton Sea in 1 (4) A recommendation for cost-sharing to shall require that studies conducted under or more evaporation ponds located in the implement the plan developed under para- this section are coordinated through a Salton Sea basin. graph (3). The cost-sharing recommendation Science Subcommittee that reports to the (B) Pumping water out of the Salton Sea. may apply a different cost-sharing formula Salton Sea Research Management Commit- (C) Augmented flows of water into the to capital construction costs than is applied tee. In addition to the membership provided Salton Sea. to annual operation, maintenance, energy, for by the Science Subcommittee’s charter, (D) Improving the quality of wastewater and replacement costs. representatives shall be invited from the discharges from Mexico and from other (5) A draft of recommended legislation to University of California, Riverside, the Uni- water users in the Salton Sea basin. authorize construction of the preferred op- versity of Redlands, San Diego State Univer- (E) Water transfers or exchanges in the tion selected under paragraph (2). sity, the Imperial Valley College, and Los Colorado River basin. (g) MEMORANDUM OF UNDERSTANDING.— Alamos National Laboratory. (F) Any other feasible restoration options. (1) IN GENERAL.—The Secretary shall carry (d) PEER REVIEW.—The Secretary shall re- (2) LIMITATION TO PROVEN TECHNOLOGIES.— out the Study in accordance with a memo- quire that studies under this section are sub- Options considered in the Study shall be lim- randum of understanding entered into by the jected to peer review. ited to proven technologies. Secretary, the Salton Sea Authority, and the (d) FACTORS TO BE CONSIDERED.— (e) AUTHORIZATION OF APPROPRIATIONS.— Governor of California. For wildlife resources studies under this sec- (1) SCIENCE SUBCOMMITTEE FINDINGS AND RE- (2) OPTION EVALUATION CRITERIA.—The PORTS.—In evaluating the feasibility of op- tion there are authorized to be appropriated memorandum of understanding shall, at a to the Secretary $5,000,000. tions considered in the Study, the Secretary minimum, establish criteria for evaluation shall carefully consider all available findings and selection of options under subsection (a), SEC. 6. SALTON SEA NATIONAL WILDLIFE REF- UGE RENAMED AS SONNY BONO and reports of the Science Subcommittee es- including criteria for determining the mag- tablished pursuant to section 5(c)(2) and in- SALTON SEA NATIONAL WILDLIFE nitude and practicability of costs of con- REFUGE. corporate such findings into the project de- struction, operation, and maintenance of sign alternatives, to the extent feasible. (a) REFUGE RENAMED.—The Salton Sea Na- each option evaluated. tional Wildlife Refuge, located in Imperial (2) OTHER FACTORS TO BE CONSIDERED.—The Secretary shall also consider— (h) RELATIONSHIP TO OTHER LAWS.— County, California, is hereby renamed and (A) the ability of Federal, tribal, State, (1) RECLAMATION LAWS.—Activities author- shall be known as the Sonny Bono Salton and local government sources and private ized by this section shall not be subject to Sea National Wildlife Refuge. sources to fund capital construction costs the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. (b) REFERENCES.—Any reference in any and annual operation, maintenance, energy, 391 et seq.) and other laws amendatory there- statute, rule, regulation, Executive order, and replacement costs; of or supplemental thereto. Amounts ex- publication, map, or paper or other docu- (B) how and where to dispose permanently pended for those activities shall be consid- ment of the United States to the Salton Sea of water pumped out of the Salton Sea; ered nonreimbursable and nonreturnable for National Wildlife Refuge is deemed to refer (C) the availability of necessary minimum purposes of those laws. to the Sonny Bono Salton Sea National inflows to the Salton Sea from current (2) LAW OF THE COLORADO RIVER.—This sec- Wildlife Refuge. sources, including irrigation drainage water; tion shall not be considered to supersede or SEC. 7. ALAMO RIVER AND NEW RIVER. and otherwise affect any treaty, law, or agree- (a) RESEARCH AND DEMONSTRATION (D) the potential impact of Salton Sea res- ment governing use of water from the Colo- PROJECTS.—The Secretary shall promptly toration efforts on the rights of other water rado River. All activities to carry out the conduct research and construct wetlands fil- users in the Colorado River Basin and on Study under this section must be carried out tration or construct wetlands demonstration California’s Colorado River water entitle- in a manner consistent with rights and obli- projects to improve water quality in the ment pursuant to the Colorado River Com- gation of persons under those treaties, laws, Alamo River and New River, Imperial Coun- pact and other laws governing water use in and agreements. ty, California. The Secretary may acquire the Colorado River Basin. (i) AUTHORIZATION OF APPROPRIATIONS.— equipment, real property, and interests in (e) INTERIM REPORT.— There are authorized to be appropriated to real property (including site access) as need- (1) SUBMISSION.—Not later than 9 months the Secretary $30,000,000 to carry out the ac- ed to implement actions authorized by this after the Secretary first receives appropria- tivities authorized in this section. section. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5557 (b) MONITORING AND OTHER ACTIONS.—The leave the Salton Sea because water is thority, $5 million is earmarked for Secretary shall establish a long-term mon- going to be sold into other markets. wildlife resources studies to provide itoring program to maximize the effective- Discussions are under way to sell real-time science to support the deci- ness of any demonstration project authorized water to San Diego and elsewhere, so sionmaking processes during the fea- by this section. that drainage water will not nec- sibility study. (c) COOPERATION.—The Secretary shall im- plement subsections (a) and (b) in coopera- essarily flow to the Salton Sea. That Additionally, $3 million is included tion with the Desert Wildlife Unlimited, the will make this problem even worse. to improve water quality in the Alamo Imperial Irrigation District, the State of There is nothing any of us can do about and New Rivers, the major sources of California, and other interested persons. that. That is the right of the water water for the Salton Sea. The New (d) AUTHORIZATION OF APPROPRIATIONS.— rights holders and the contractors River, which has been explained ear- For research and demonstration projects au- there in the Imperial Irrigation Dis- lier, is the most polluted river, in some thorized in this section, there are authorized trict and elsewhere, should they so de- estimation, in the North American to be appropriated to the Secretary continent. $3,000,000. cide to enter into that contract and if that is approved. But if we do not address the sea sa- SEC. 8. EMERGENCY ACTION. What our amendment says is the linity, we might as well just write the If, during the conduct of the studies au- same timetable as the majority amend- sea’s ecosystem off. No leading sci- thorized by this Act, the Secretary deter- entist, none that I am aware of, dispute mines that environmental conditions at the ment, the same set of studies, but what Salton Sea warrant immediate and emer- we do is we require you to coordinate this fact. gency action, the Secretary shall imme- these studies so you, in fact, make In a speech by Dr. Milt Freed, Chair- diately submit a report to Congress docu- these decisions based upon the evi- man of the Science Subcommittee, de- menting such conditions and making rec- dence, not simply one part of this prob- livered on July 29 at the U.S. EPA Eco- ommendations for their correction. lem that everybody admits is going to systems Restoration, a national sym- The SPEAKER pro tempore. Pursu- get worse over the next decade. But the posium to bring together practitioners ant to House Resolution 500, the gen- birds and fish and wildlife are dying and researchers, he notes the salinity tleman from California (Mr. MILLER) today. That is because of what we do of the sea has reached 43,000 parts per and a Member opposed each will con- not know yet as to what is causing million, a level that is 26 percent great- trol 30 minutes. that. er than ocean water. Salinity is in- The Chair recognizes the gentleman People want to portray this as some- creasing at a rate of approximately 1 from California (Mr. MILLER). how that nobody paid attention to this. percent per year and will soon reach a Mr. MILLER of California. Mr. In 1992, we passed a bill. The majority level that will cause a collapse in fish Speaker, I yield myself such time as I party has not provided the appropria- populations, thereby eliminating the may consume. tions for that legislation to do these food base for fish-eating birds that Mr. Speaker, this amendment has studies. Everybody in the State wants come to the sea. This will also end the been described earlier in the debate. It to do something about the Salton Sea. sports fishery. is offered on behalf of myself and the The reason things have not been done The salinity issue is analogous to gentleman from California (Mr. is because we do not know what to do. passing the particles from one end of BROWN). The purpose of this amend- We can spend a lot of money, we can an hourglass to another. The time ment, somebody said they want to be run around and build a lot of projects, frame is finite, and no amount of dis- plain speaking, is let us just do some- but unless we know they are going to cussion or study will alter the end re- thing about the Salton Sea. work, we are not keeping faith with sult. The collapse of the biological The point is this: When we make a the taxpayers and with the Members of components of the ecosystem due to decision to commit the $350 million, we Congress in terms of the authorization the physical parameter will have far- ought to do that which we know works. of the money. reaching impacts on many of the other The many shortcomings in the current That is the purpose of the substitute values humans expect from the sea. bill that is before us have been outlined that is offered by us. My conversations So let us quit talking about, let us in both the objections by taxpayer with the Senators from our State, my get something done, let us defeat the groups, by environmental groups and conversations with the environmental Miller-Brown substitute and get on by the Clinton Administration with re- groups and with the leadership in the with saving the Salton Sea. Mr. Speaker, I reserve the balance of spect to serious problems that exist in other House lead me to believe that my time. bill. this also has the best chance of being But with respect to the studies, let passed by the Senate and in fact be- AMENDMENT OFFERED BY MR. BOEHLERT Mr. BOEHLERT. Mr. Speaker, I offer me say that the legislation offered by coming law. the committee goes ahead and does If we send this legislation over here an amendment and I ask unanimous some studies relating to feasibility. with all of these bells and whistles, consent that it be adopted. I would point out that the gentleman With respect to dealing with the salin- with the united opposition of the envi- from California (Mr. MILLER) and I ity, there is a whole other body of stud- ronmental groups, with some of the have worked out agreement on the lan- ies that are in that legislation and in taxpayer organizations against this our legislation. There are scientific guage that the gentleman addressed. legislation, with the statement of ad- The SPEAKER pro tempore. The studies that deal with this issue of nu- ministrative policy that has serious trient loading, that deal with the issue Clerk will report the amendment. problems with this legislation, we are The Clerk read as follows: of botulism, that deal with other con- dramatically reducing the likelihood Amendment Offered by Mr. BOEHLERT: cerns that are killing the fish and wild- that we can get on with curing the Amend the proposed section 101(g)(4) to life at the current time that have got problems of the Salton Sea. read as follows: to be developed, and any project that Mr. Speaker, I reserve the balance of ‘‘(4) APPROPRIATIONS TO THE SECRETARY OF we develop for the Salton Sea should my time. THE INTERIOR.—Amounts appropriated under make sure that it deals with the full Mr. CALVERT. Mr. Speaker, I rise in paragraph (1)(B) to the Secretary may be ap- array of problems that are presented opposition to the amendment. propriated to the Bureau of Reclamation as specified in appropriations Acts.’’. by the current conditions in the Salton The SPEAKER pro tempore. The gen- Page 16, beginning on line 5, strike ‘‘from Sea. tleman from California (Mr. CALVERT) the land and water conservation fund’’ That is terribly important, because is recognized for 30 minutes. Page 21, beginning on line 9, strike ‘‘from we know that the salinization of the Mr. CALVERT. Mr. Speaker, I yield the land and water conservation fund’’ Salton Sea is going to continue to get myself such time as I may consume. Mr. BOEHLERT (during the reading). worse. We also know that some of the Mr. Speaker, I have heard the point Mr. Speaker, I ask unanimous consent best water that flows into the Salton from the minority that this is a salin- that the amendment be considered as Sea currently, about 1 million acre ity-only bill. That is nonsense. This read and printed in the RECORD. feet, or over 1 million acre feet of agri- bill takes a holistic approach to restor- The SPEAKER pro tempore. Is there cultural drain water, that maybe half a ing the Salton Sea. At the request of objection to the request of the gen- million acre feet of that water may this Secretary and the Salton Sea au- tleman from New York? H5558 CONGRESSIONAL RECORD — HOUSE July 15, 1998 There was no objection. come out of the Bureau of Reclamation priating substantially all of the con- The SPEAKER pro tempore. Is there budget and/or the EPA budget? struction costs.’’ objection to the amendment offered by Mr. CALVERT. That is correct. So I do not know if that means they the gentleman from New York? Mr. VENTO. Mr. Speaker, will the split them, but I just think again, since Mr. MILLER of California. Mr. gentleman yield? this is a preauthorization of this $350 Speaker, reserving the right to object, Mr. MILLER of California. I yield to million project, Members ought to un- I thank the gentleman for the changes the gentleman from Minnesota. derstand that the rational reading that he has made, which would com- Mr. VENTO. Mr. Speaker, I thank would be about half of it is going to pletely remove the use of the land and the gentleman for yielding, and I ap- come out of EPA, which is receiving re- water conservation funds for this legis- preciate the gentleman from New York ductions in funding, and half of it is lation. I think that is important. (Mr. BOEHLERT) offering this amend- going to come out of the Bureau of I would, again, reiterate in our dis- ment to avert the use of LCWF funds. Reclamation, which is receiving reduc- cussions with many of the environ- The reason, I think, is pretty trans- tions in funding and not able to meet mental coalitions opposing this legisla- parent as to why the land and water the demands that the Members already tion this does not remove their opposi- conservation fund was being used, be- place on those two funds. tion to that legislation. They have nu- cause you would have no new author- Mr. Speaker, I withdraw my reserva- merous items that they are in opposi- ization here and it would not score in tion of objection. tion to. terms of CBO uder the umbrella of The SPEAKER pro tempore (Mr. But I would, if I might, ask the man- LCWF authority. PEASE). Is there objection to the re- ager of the bill, as we remove this That is interesting, but it is also in- quest of the gentleman from New source of funding, the land and water teresting and important to find out in York? conservation fund, what then becomes 34 years that these funds have been au- There was no objection. The SPEAKER pro tempore. The the source of funding here? What is thorized for the land-water conserva- amendment is adopted. left? EPA and Bureau of Reclamation? tion, authorized until appropriated, in Mr. MILLER of California. Mr. Mr. CALVERT. Mr. Speaker, will the that sense a trust fund, that there has Speaker, I yield such time as he may gentleman yield? not been anything of this magnitude of consume to the gentleman from Min- Mr. MILLER of California. I yield to misuse proposed, much less enacted. nesota (Mr. VENTO). the gentleman from California. There have been, I think, some minor Mr. VENTO. Mr. Speaker, I rise in Mr. CALVERT. Mr. Speaker, I do not uses, especially in the last few years, support of the Miller substitute. control the appropriations process. as individuals are attempting to look I would just call to my colleagues’ Mr. MILLER of California. What is for authorization without CBO scoring attention that the Salton Sea and the authorized to be used? and use some of the land-water con- resolution that is of concern to the Mr. CALVERT. Certainly the Sec- servation fund, but this measure and Members is heartening; that is, that we retary of Interior can designate those action is unprecedented. One-third of a are buoyed by the fact that there is a funds from various accounts. billion or nearly $400 million with stud- great deal of interest in terms of trying Mr. MILLER of California. Mr. ies coming out this fund would be three to restore this area—or at least sta- Speaker, I guess I am trying to deter- or four times the amount that this bilize it. But I would hasten to point mine what is left with respect to the Congress is willing to, in fact, appro- out that the Salton Sea is a man-made authorization? priate from that fund on an annual ecological disaster. It is a man-made Mr. CALVERT. If the gentleman basis in recent years. ecological disaster. would yield further, the standard ap- b 1830 The fact is that this particular land- propriations process, it does not pre- scape, this particular area is the prod- clude the appropriators to appropriate So this is an important change. I uct of millions of years, and certainly funds from various accounts that they think there are some other questions in the last couple of 100,000 years, the appropriate from. that need to be answered about this accumulation of various types of salts Mr. MILLER of California. But what legislation, but I think it is a step in and other nutrients, as my California is the gentleman’s expectation? And I the right direction to present this as colleague (Mr. MILLER) has pointed do not have the language that has been what it is; this is a new authorization out, in this large delta area, the site of removed. that is going to have to score, and an ancient sea. The fact is that in the Mr. CALVERT. Obviously, the Bu- clearly, the money should be derived early part of this century, something reau of Reclamation is a source that from the various program titles and like around 1905, this sea came into ex- has been talked about, Fish and Wild- protocols of the Bureau of Reclamation istence because of modifications to the life resources, resources within the ap- and/or other agencies that would have manmade hydrology and the land- propriations process. a legitimate role. I guess Fish and scapes modifications in this region of Mr. MILLER of California. So the Wildlife Service would have some role, California. Bureau of Reclamation remains the but it is not clear. I think this is an- It has, of course, had continued con- source of funding then for this legisla- other example of why we need to adopt, tributions, accelerated contributions of tion? or should adopt, a more definitive plan nutrients and contaminated waters Mr. CALVERT. I would not expect as to what is going to happen regards that have reactivated many of the any single source of funding for this such Salton Sea project. This measure salts, many of the nutrients to make legislation on any major project. As is simply standing the process on its the kind of soup that exists in the the gentleman knows, we have prob- head. Salton Sea today that is obviously not ably never had very many that have But that is not the gentleman from conducive to the existence of, even in had a single source of appropriation. New York’s problem, but the problem terms of fauna and flora that would Mr. MILLER of California. Mr. of those that are advocating this par- normally occur in the ocean, because Speaker, reclaiming my time, let me ticular policy. the salinity as an example and the nu- back up here then. My problem is we So I thank the gentleman from Cali- trients as an example are even greater are preauthorizing in this legislation. fornia (Mr. MILLER) for yielding under than what exists in any living eco- What are we authorizing it from? We his reservation. system, in other words, it is toxic to a were going to authorize it from the Mr. MILLER of California. Mr. normal natural ecosystem. land and water conservation fund. Now Speaker, continuing on my reserva- So I think the fact that we have this what are we authorizing it from? tion, just one point here is as I read the ecological man-made disaster that con- Mr. CALVERT. Mr. Speaker, if the manager’s amendment, it says, ‘‘May tinues to of course be compounded by gentleman will yield further, the Sec- be appropriated to the administrator of the existing treatment of the water- retary of Interior and EPA can des- the Environmental Protection Agency sheds and rivers and the modifications ignate those appropriations. and the Secretary of the Interior in that have occurred, and this is not the Mr. MILLER of California. So it is amounts to ensure that neither the ad- only place in the country, incidentally, the gentleman’s expectation this would ministrator nor the Secretary is appro- that we have this problem. July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5559 In fact, if we look at the Bureau of But just giving 18 months and suggest- cost-sharing, the lack of cost-sharing Reclamation, and, in fact, the Corps of ing we have a study and solution, and by the irrigators in this area, which Engineers have spent billions and bil- today preauthorizing or authorizing are, after all, one of the, I think in my lions of dollars, south Florida as an ex- over a third of $1 billion to go to this judgment, in the studies that I have ample is another place, and we find particular project without knowing ex- read, one of the principal contributors that they have so changed the land- actly what it is, I suggest, is a predi- to the saline and nutrient problem. scape and hydrology, have provided for cate to legislative disaster, just as we Looking at the modifications that need the incursion of salt water and the have had the ecological disaster. A 350 to be made to facilitate the dealing damage to these natural areas to a billion dollar water project without with the Clean Water Act, dealing with great extent by upsetting the balance. definition! NEPA, dealing with the judicial review But what we do not need on top of the I understand that without quick ac- process so that we can move ahead ecological man-made disaster here is a tion, without better action, we will quickly, but having a common under- legislative disaster. That is, frankly, have a continuing compounding of the standing of what the specific project is where we are going. problem that is going on within the going to be, we do not have that. Everyone agrees that there ought to Salton Sea ecosystem, but if we are so Mr. BILBRAY. Mr. Speaker, will the be a project which addresses the prob- hell-bent on action in this case, one gentleman yield? lem but we ought to make the commit- way we could do that is to appropriate Mr. VENTO. I yield to the gentleman ment to do that, and that it ought to the money this year, right now, appro- from California. be done on a broad-based basis, and priate some money and fence it so that Mr. BILBRAY. Mr. Speaker, I appre- there is someone out there that has ap- it is there pending authority as to en- ciate the gentleman’s remarks. The parently come up with a number: $350 actment of a policy law. That is what gentleman is on a border State. million to something in excess of that the major hang-up is going to be in Mr. VENTO. Mr. Speaker, reclaiming with studies, $350 million, over a third terms of what we are doing here com- my time, I am on a what State? of a billion dollars, to, in fact, resolve ing up with the money. In other words, Mr. BILBRAY. Mr. Speaker, the gen- this problem, and they are apparently we authorize many programs, and they tleman is on a border State; he is up not ready to say exactly what that do not receive the funding or the full North, I am down South. There are two project ought to be. But they suggest funding—that is what has repeatedly borders, though we forget about that to those of us that raise questions occurred with this issue in fact! sometimes. about this that, in fact, we have had I noted that our colleague from Cali- I want to clarify. The gentleman said enough study; we have had study for 20 fornia, the chairman of the Sub- this happens in many places. Where years, and we do not need any more committee on Appropriations, implied else in the United States do we have a that some funds have already being set study. problem like this that has been perpet- Well, I think we need to know how aside, but I doubt anything of the mag- uated through either Federal inaction 1 we are going to use that information, nitude of what is being done. That is ⁄3 or inappropriate action and been per- how we are going to use that knowl- of billion has been set aside! In other petuated through Federal agreements edge. The fact is that water projects words, the spending and standing the with foreign governments? that are actually understood and de- legislative process on its head as is I think the gentleman has to admit fined much less presented in a glowing being proposed in the underlying vehi- this is unique in one aspect. generality such as this Salton Sea cle here is, I think, the wrong way to Mr. VENTO. Mr. Speaker, reclaiming go and likely raising hopes but in the project are often among the most con- my time, there are some unique as- end frustrating a final solution. troversial measures that the Congress pects of this. I am just pointing out I think it is destined to be and to that there are man-made ecological deals with. make something that should not and Our job in Congress really is not all disasters of some magnitude in Florida, would not apparently be controversial, that complicated. I always think of it in California. Fortunately, I do not extremely controversial. as trying to translate new information So I would hope that in this instance know that we can compare the great or knowledge into public policy. But we would stop and take a closer look at State of Minnesota’s environmental what is missing here is not the accu- this, recognize that having it follow problems to this. We have had some mulation of a lot of information, but a the normal process in terms of going problems incidentally with Canada and conclusion a solution and we are pass- through and pushing and directing the nonnative species like the sea ing the buck, quite frankly, in this bill. administration, as this bill initially lamphrey in Lake Superior. But I In the next 18 months we are saying to does and as the substitute does, directs thank the gentleman, and I appreciate the administrator, whether it is Sec- the administration to come up with a his point. And hope he understands retary Babbitt or whether it is others sound proposal that we can then au- mine. That’s why I support the Miller in the EPA in this Clinton administra- thorize and fund, and go through the substitute. tion in whom I have some confidence, proper form of debate, rather than sus- Mr. CALVERT. Mr. Speaker, I yield 7 we are suggesting that they will come pending our responsibilities and then minutes to the gentleman from Califor- up with a final solution, and they will afterwards suggesting that we can deal nia (Mr. HUNTER). bring it to Congress for a review, but it with this by remote control. Look, Ma, Mr. HUNTER. Mr. Speaker, I thank is not within the context of our legal no hands. the gentleman for yielding me this law making responsibilities, not within We cannot function that way in this time. the context of our oversight respon- institution. We should not. I do not I want to address some of the con- sibility in terms of this. think it is a responsible way. I applaud cerns that have been voiced here by the In fact, there has been some question my colleagues for their enthusiasm, last speaker, my good friend from as to statements made by the advo- and I applaud them for their efforts to (Mr. VENTO). cates of this measure that the actions do something good for the Salton Sea, First, this is a bipartisan bill, and that they pretend are powerful limits but this is the wrong way to do it. this is a bill that is the subject of enor- in terms of what Congress would do are The right way to do it is by adopting mous compromise. I want to tell my not even constitutional in terms of the Miller amendment in this case and colleagues first about part of that com- their nature. In fact, they represent providing a specific project, providing promise. something like akin to and connected specific actions that we know, and then A number of the groups that have to a legislative veto. That is not pos- try to come back at that point with written in saying they have some prob- sible. It is not possible to do that. We that knowledge in hand, with that spe- lems with the bill, and the first biggest have been there, we have tried that, cific project in hand and deal with problem has been taken care of, and and the courts have said that particu- whatever mitigation has to be done, al- that was using the Land and Water lar congressional action is invalid. locating the dollars based upon a sound Conservation Fund. That is now no So the suggestion that we can bring authority and policy. longer a problem. this back and somehow keep review of There are many problems with this They said there was another problem. it is a curious statement and in error. bill that I could go into, including the They said, you are changing the Clean H5560 CONGRESSIONAL RECORD — HOUSE July 15, 1998 Water Act. Well, once again, we have a Now, let me go to the second point, really care about the 380 bird species, legal opinion voiced by a number of at- and that point is the 18 months. they are going to agree to. torneys who should know who say that b 1845 So let us get on with this bill. Let us one cannot clean up a river using wet- get it passed. I thank the gentleman lands under the present tight construc- We had a 12-month period for study for taking the unanimous consent to tion of the Clean Water Act because, it before construction, although this make the land-water conservation fix says, if one takes a bucketful of water thing has been studied 30 years, as the that was offered by this side, but this is out of a river, one has to return that gentlewoman and the gentleman from the right action to take. Once again, bucketful of water in drinking-water California (Mr. CALVERT) had men- let us go back to Sonny Bono, who form. tioned. We had given a 12-month period said, why can not we just get this thing Now, one cannot do that if one builds for study. We sat down in a good talk- done? Let us get started, at least. a series of marshes along the New ing session with Secretary Babbitt at Mr. CALVERT. Mr. Speaker, I yield 5 River, as we intend to do. We intend to the Salton Sea, with Secretary Bab- minutes to the gentleman from Red- build one of the biggest wetlands bitt, his staff and himself. He said es- lands, California (Mr. LEWIS). projects in America that will host hun- sentially to me, I do not think I can do Mr. LEWIS of California. Mr. Speak- dreds of thousands of birds, hundreds of it in 12 months, but he did say in that er, I thank my colleague for yielding species, and yet, because of the way we conversation they thought they could time to me. It is a pleasure to rise wrote the Clean Water Act, we cannot do it in 18 months. today and join my colleagues on both do it, so we live with the most polluted We worked with his staff. His staff sides of the aisle who are strongly com- river in North America in New River. sat in on a number of these meetings, mitted to finding solutions to the tre- Now, we worked with all sides on this and they said 18 months. When we met mendous challenge that is this great thing, and I have here the author of with Senator BOXER, she wanted us to environmental project in Southern this much-hated provision, and the au- move from 12 to 18 months, so we did California that is known as the Salton thor, according to my memorandum, is it. We said, we will compromise, we Sea. the gentleman from California (Mr. will give 18 months. I must say that in the initial stages MILLER). Because the gentleman from Another thing we were concerned of my hearing this discussion, I was in- California (Mr. MILLER) sent a memo about, of course, was judicial review. trigued to see both my colleague, the over to the chairman of the Committee We did not want lawsuits to stop ac- gentleman from California (Mr. on Transportation and Infrastructure, tion on the sea while the sea died. I GEORGE MILLER) speaking, and he was the gentleman from Pennsylvania (Mr. think the gentleman can understand being aided by his friend, the gen- SHUSTER), or his staff did, saying, in that, because as the gentlewoman from tleman from Minnesota (Mr. BRUCE general, the gentleman’s preferred California (MARY BONO) has shown us, VENTO), and it was almost deja vu all course of action is to amend Title I of the sea is on a death watch. It is very over again. I remember fighting the bill, as reported, et cetera, and predictable. At 60,000 parts per million, months on this, fighting to get access they go on to give us the language that as it gets saltier and saltier, all the to our desert lands by both the gen- they would like to have. The language fish die, so we have to move now. And tleman from Minnesota (Mr. VENTO) says, ‘‘Subsection D, authorization of if somebody sues us and the court date and the gentleman from California (Mr. appropriations for river reclamation is not set for 2 years, and then another MILLER), and the thrill of that process and other irrigation of drainage water suit is filed and that court date is not was that we won a few. actions under this section, there are set for 2 years, the sea expires. The sea I have a sense we might win a few authorized to be appropriated to the dies while we are tied up in court. today, as well, for there is little ques- Secretary for Land and Water Con- So what we said was, okay, to Sen- tion that this coalition has gone to- servation Fund 3 million.’’ That is the ator BOXER and others who wanted to gether that is a nonpartisan, bipartisan $3 million that goes into cleaning up have judicial review, we said we will. effort to make sure that this tremen- New River. And above that, ‘‘No permit Let us just say that we have to have dous asset, the Salton Sea, is saved, fi- shall be required under section 402 of expedited judicial review. We said we nally. It is going forward. the Federal Water Pollution Control wanted to direct the court in this lan- I must say to my friend, it is going Act, 33 USC 1342, for a wetland filtra- guage to expedite review. forward almost entirely because of the tion or constructed wetlands project That means when you have a tem- rather fantastic leadership of the gen- authorized by subsection A–1 of this porary restraining order, if somebody tlewoman from California (Mrs. BONO), section.’’ sues and says, I do not like this be- the new congresswoman from Riverside We took the gentleman’s exact lan- cause I live down here and I do not County, who has done a phenomenal guage that he gave us to put in the bill want to have the sea saved because I job to make sure we keep our eye on to take care of the problem, and now think the gentleman from Minnesota this very important target. we are told that it is still a problem. I (Mr. VENTO) is right, it is an ecological If we should remove our serious at- guess I would say to my friend from disaster, so let us have it die, and they tention from this for a moment the California (Mr. MILLER), I want the happen to get a TRO from somebody, a Salton Sea will be gone in terms of its gentleman to take yes for an answer. temporary restraining order, we will effective use for the people of Southern Mr. MILLER of California. Mr. say you have to go to trial in 60 days. California, and peoples all over the Speaker, will the gentleman yield? That means do not put the thing off for country who appreciate just what an Mr. HUNTER. I yield to the gen- 2 years while the sea dies, that means important environmental asset this is. tleman from California. you go to trial in 60 days. So we have I must say that the cost that is being Mr. MILLER of California. Mr. put in expedited judicial review instead suggested here is almost beside the Speaker, the gentleman knows my first of eliminating judicial review, so in all point. We are moving forward quickly preference was to remove the exemp- areas we have made compromises. with rounding out what have been tion from the legislation. We were then I say to my friend, the gentleman years and years of study. The author- asked technically on how you would do from California (Mr. MILLER), I called ized amount that involves the project it if you were going to do it the way one of my constituents last night who is the minimum amount we need for you wanted to do it, and we said that is had signed one of the letters from one whatever approach is finally selected. how you would do it the way you want- of the environmental organizations There is little doubt that we are going ed to do it. Our first preference was to that said, we are against it for ump- to get to that decision very, very take it out of the bill, as recommended teen reasons. I explained the reason for quickly. by the administration and others. the clean water change. I would suggest to my colleague, the Mr. HUNTER. Mr. Speaker, in the He said, that makes perfect sense. He gentleman from California (Mr. MIL- spirit of compromise, however, the gen- said, that is not what they told me LER), that we need to have this author- tleman did provide language and we did when they called me and said they ization in place early on because that put in, I would say to the gentleman, wanted me to sign it. I think if Mem- is the way we go about getting money his precise language. bers explain that to the people who in the pipeline in the appropriations July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5561 process, very quickly. We cannot afford Mr. BROWN of California. I yield to solve the problem of funding from the to wait. Therefore, we are going for- the gentleman from California. Land and Water Conservation Fund, ward with that minimum amount that Mr. LEWIS of California. Mr. Speak- which some Members may not think is is needed. er, I do not mean to take much of the important, but anything that brings In turn, I must say that if my col- gentleman’s time, but I was away at down the wrath of practically every en- league remembers some years ago, that hanging as well, and I must say, vironmental group in this country is of back in 1974, when Shirley Pettis was a at the Library of Congress they had considerable importance to me. It Member of Congress, she being here be- this wonderful ceremony where both could mean I would not get reelected, cause her husband, too, had been killed the gentleman from Wisconsin (Mr. JIM for example, and that sometimes influ- in a tragic accident, raised this flag, SENSENBRENNER) and the chairman, the ences my judgment a little bit. the most important environmental gentleman from California (Mr. The fact that the authors and man- project in the country, I must say, if GEORGE BROWN) were being honored agers of the bill have been willing to we had moved forward then instead of with their portraits being presented to accept that change is a very encourag- having these same kinds of questions a cross-section of family and friends as ing thing in itself. That does not solve interfering with that progress, the a reflection of years and years of dedi- all of the problems. Nothing ever does project would have been completed. It cated work on both their parts, but es- in a piece of complex legislation. would have cost, before, one-fifth of pecially my colleague, the gentleman I am learning a great deal about the what it is going to cost, and indeed, from California (Mr. GEORGE BROWN). politics of water in the inland empire this discussion would not have been And I know he wanted to be here. and in the Salton Sea area, and how necessary today. I say to the gentleman from Califor- many different interests are at stake I want Members to know that I am nia (Mr. BROWN), he should be the first here, and the steps that will be taken proud, very proud of those colleagues to know that we have taken out of the in order to protect the interests of who have joined with me in this effort, bill those few little items he was con- some of the groups that are involved. I but especially pleased to join with the cerned about, so he can be as enthu- hope I can benefit from what I have gentlewoman from California (Mrs. siastic as he likes. learned here. MARY BONO) in what will be a success- Mr. BROWN of California. Mr. Speak- I am going to support the Miller ful and perhaps the most important en- er, I appreciate the gentleman’s com- amendment, because while it reduces vironmental project of this decade. ments. Of course, I am extremely en- the scope of the bill, and originally I Mr. HUNTER. Mr. Speaker, will the thusiastic about the need to solve the had wanted a bill that would make it gentleman yield? problems of the Salton Sea and the ef- clear that the Congress wanted to Mr. LEWIS of California. I yield to forts we are making. I am encouraged carry this thing through to comple- the gentleman from California. by the large amount of interest in the tion, that it would authorize not only Mr. HUNTER. Mr. Speaker, I want to Congress, and in general in the public, the necessary research and the design say to the gentleman that he has been in doing something about this problem. and specifications for the preferred so- this year appropriating some money to I have been rather cynical over the lution, but would actually authorize get the process started, he has already past, because I have followed every the construction, I am inclined to moved out on the project. We deeply study for the last 30 years aimed at think that that is one of the things appreciate that action. It was really solving this problem, and seeing them that has added undue complexity to timely, and we are going to be able to come to naught, including the 1992 leg- this bill, and that by simplifying it and move this year. I understand the ad- islation, which actually authorized the doing it in two stages, we are likely to ministration is moving this year. same general type of study that we are Mr. LEWIS of California. Mr. Speak- succeed in getting better legislation in authorizing here in this bill, and $10 er, I appreciate that, but I would not the long run. million in order to fund that study, and My expectation is that the House will have been able to do that if the gentle- nothing of any substance has come out disregard my advice and the advice of woman from California (Mrs. BONO) had of that, which, as I say, has left me my good friend, the gentleman from not been beating me over the head al- somewhat cynical. California (Mr. MILLER), and will pass a most every day. I would like to say that I am a co- Mr. CALVERT. Mr. Speaker, will the less than perfect bill. It would not be author of the bill. I want to see suit- gentleman yield? the first time that that has happened. Mr. LEWIS of California. I yield to able legislation passed. I have had res- Mr. Speaker, I have co-sponsored this the gentleman from California. ervations about the bill as it had amendment with my colleague from California Mr. CALVERT. Mr. Speaker, I also emerged from committee, not because I to offer a constructive alternative that takes thank the gentleman for his hard work did not appreciate the work done in into account political, fiscal and environmental in moving this Salton Sea project. committee to get the bill out, but be- realities. My motivation is simple: I do not just With the gentleman’s help, we are cause I was fearful that the product want a House-passed bill, I want a bill which going to get this done today. would not survive the intense scrutiny will be passed by the Senate and signed by Mr. LEWIS of California. It will be a of the other body, and that in all likeli- the President. The underlying bill, though it great time to celebrate, but it is only hood might not survive and be ap- may win House approval, will not be enacted the beginning. I really do appreciate proved by the President. That concerns into law. this nonpartisan effort. me, because I do not wish to have spent The substitute which I have co-sponsored Mr. MILLER of California. Mr. all of this time and effort in a futile ex- with my colleague Rep. MILLER, does not con- Speaker, I yield such time as he may ercise if we can do better. tain both the authorization of feasibility studies consume to the gentleman from Cali- It is my view that we could do better. and construction, which might hasten the com- fornia (Mr. BROWN). I have cosponsored the amendment of pletion of the project. However, it does set (Mr. BROWN of California asked and my good friend, the gentleman from specific deadlines for Congressional and Ad- was given permission to revise and ex- California (Mr. MILLER), because that ministration action, including direction to the tend his remarks.) amendment or that substitute on his Administration to provide draft authorizing lan- Mr. BROWN of California. Mr. Speak- part has eliminated much of the mate- guage for the selected mitigation option. er, I thank the gentleman for yielding rial that I think would have caused I must admit to having a less than adequate me this time. I think I owe the body an this problem in the other body, or response to those who are asking: ``Why apology for not being able to be here would have precluded or would have should we authorize $350 million for a project earlier, because I wanted very much to caused the President to veto the bill. that is not fully defined?'' They can rightly participate in this debate, but I was en- Now I am encouraged by the fact, as claim we are asking them to buy ``a-pig-in-a- gaged in a ceremony which only occurs my good friend, the gentleman from poke.'' It is not possible to fully define environ- once in a lifetime. That is being hung, California (Mr. LEWIS) has just re- mental restoration projects from the outset. your portrait being hung, in the com- ported to me, and as the gentlewoman This amendment provides a framework to mittee room. from California (Mrs. BONO) had re- begin action. Mr. LEWIS of California. Mr. Speak- ported to me earlier in the afternoon, I would rather see the process of saving the er, will the gentleman yield? that agreement had been reached to re- Salton Sea move forward more slowly, but H5562 CONGRESSIONAL RECORD — HOUSE July 15, 1998 with more certainly, than risk losing this bill will be spent in a scientifically sound Mr. Speaker, I yield such time as he because of the questionable shortcuts which fashion; that we will not deal with just may consume to the gentleman from are included in it. one part of the problem of the Salton Minnesota (Mr. OBERSTAR). I would like to take a few minutes to outline Sea, which is the salinization, the con- (Mr. OBERSTAR asked and was given some of the other provisions of this amend- tinued increased salinization of the permission to revise and extend his re- ment. Salton Sea, but we will also deal with marks.) Our substitute authorizes funding through the other concerns with respect to the Mr. OBERSTAR. Mr. Speaker, I rise traditional sources of water project funding. fish kills and the bird die-off that is in support of the Miller amendment. The funds needed for research, feasibility taking place today, before the Mr. Speaker, I rise in support of the Miller- studies, and construction on the Salton Sea salinization reaches the levels people Brown amendment, and in strong opposition to should come from the traditional sources dedi- have talked about in the coming dec- the underlying bill. While I fully support efforts cated to these purposes. While it is tempting ade. That is the problem of the Salton to restore the Salton Sea, I cannot support a to suggest otherwise, we westerners cannot Sea currently today. bill which includes exemptions from the Clean avoid setting priorities for expenditures on our Also, let me say this, that this Water Act, and could actually reduce the abil- water projects by raiding other accounts. amendment removes all of the objec- ity of the Environmental Protection Agency to This is tantamount to admitting that the tions of the Clinton administration. It protect this resource. Salton Sea isn't really a priority and that removes all of the objections of the The proponents of the bill claim that it will southern California should not expect to be al- Taxpayers for Common Sense. It re- benefit the environment. If that is so, why is located its fair share of water project funds. I moves all of the objections of the envi- every major environmental organization op- firmly reject both of these notions. ronmental legislation. posed to it? The reasons are simpleÐ This substitute contains no Clean Water Act That means that this legislation, if It creates an exemption to the Clean Water permit exemptions. I do not believe the au- amended with my substitute, would Act. thors of the underlying bill intended anything have the ability to go to the Senate, be It excuses local water companies from their bad in the provisions of the underlying bill. taken from the desk, and bypass all of rightful liabilities. However, the truth isÐthis provision is unnec- the committee considerations and all It could divert scarce resources from EPA's essary and it looks suspicious. It is true that of the things that we know happen to environmental programs. the New and Alamo Rivers are in desperate you when you go to the Senate late in These concerns make the bill unacceptable. need of clean up, but so are many of our the legislative year. I am particularly concerned about the ex- other rivers, and we can not and should not I believe that with the commitment emption in this bill to the Clean Water Act. address the problems through permit exemp- of the coalition, the commitment of How can you say that you are doing good for tions. the gentleman from California (Mr. the environment if you need an exemption The constructed wetland projects that are BROWN) and the gentlewoman from from environmental protection laws? envisioned can move forward in a timely man- California (Mrs. BONO) and everybody The Clean Water Act has been under as- ner. We do not need to bypass the Clean else to this process, that we will in fact sault by the majority since they won control of Water Act and leave the process open to criti- see the results of these studies enacted the House. In the last Congress, we had to into law. cism. fight the waivers, loopholes and rollbacks of Our substitute also does not contain the b 1900 H.R. 961Ðthe Dirty Water Bill. Later, we had broad liability exemption for the local water I think we have a better opportunity to fight anti-environmental riders to the Appro- districts that have made their way into the un- of seeing that done with this amend- priations bill. Now today, we are faced with yet derlying bill since introduction. While some ment. We have accepted the change, I another attempt to create more exemptions to type of limited liability protection may be rea- was hoping to offer the amendment but environmental protection. These assaults on sonable, that is not what the underlying text the rule did not allow for that, but we the Clean Water Act must stop. contains. We should not be creating an open- accepted the unanimous consent re- The Clean Water Act is our Nation's most ended exposure for federal liability in our ef- quest by the gentleman from New York successful environmental law. Yet, one of its forts to address the Salton Sea's problems. I, (Mr. BOEHLERT) to remove the funding most glaring weaknesses is that irrigation re- and all concerned, want to ensure that federal, from the Land and Water Conservation turn flows are not subject to regulation. How state, and local dollars are spent on clean up Fund. That is an improvement. ironic that, at the Salton Sea, are these very activite, not on lawsuits. But let me reiterate and emphasize irrigation return flows are the major source of Finally, I want to once again reiterate my to all of my colleagues that that does pollution, and that this bill specifically allows continued commitment to work with all inter- not remove the objections of the envi- untreated irrigation return flows to continue to ested parties to restore and preserve the ronmental organizations. That does be dumped into the Salton Sea. Salton Sea. I want a bill that Members of both not remove the objections of the Clin- Instead of treating the sources of pollution parties in both legislative bodies will be proud ton administration, objections which to the Salton Sea, this bill would preserve the to support and that the President will be anx- are substantial, objections that are se- existing exemption for irrigators, and create a ious to sign. I want a bill that is as enthusiasti- rious to this legislation. new exemption from the Clean Water Act. cally endorsed by the environmental commu- I would hope that the Members of the If the proponents of this bill are serious nity as it is by the water district representa- House would vote for this substitute about addressing the water quality issues at tives. I believe the substitute Mr. MILLER and because it does deal with the problems the Salton Sea, their bill should address the I are offering is closer to achieving that goal of the Salton Sea. It does deal with sources of the pollution. That objective would than the underlying bill and I urge my col- them on the timetable suggested by best be served by preserving the Clean Water leagues to support our substitute. the majority, but what it does not do is Act, and addressing the pollution from irriga- Mr. MILLER of California. Mr. it does not preauthorize an unknown tion return flows. Speaker, I yield myself the balance of $350 million project. It does not waive This bill does neither. my time. the Clean Water Act or limit judicial If we want to improve the quality of the envi- The SPEAKER pro tempore. The gen- review. It does not make the U.S. tax- ronment and protect the Salton Sea, we tleman from California (Mr. MILLER) is payers 100 percent liable for all of the should reject the pending bill and support the recognized for 11 minutes. activities that will take place around Miller-Brown substitute. Mr. MILLER of California. Mr. the Salton Sea. And it does not contain Mr. MILLER of California. Mr. Speaker, let me just say in closing on an unconstitutional review scheme. Speaker, I yield back the balance of this amendment, I think what this It does preserve the purpose, the in- my time. amendment does is it ensures the prob- tent and the outcomes that are sought Mr. CALVERT. Mr. Speaker, I yield ability that this legislation will be- in the legislation but without all of the myself such time as I may consume. come law, and that we can get on with harmful provisions that are currently I want to point out that there is an curing the problems of the Salton Sea. embodied in the bill as it came from existing 30 years of studies on the It also ensures that when we go to cure the committee. I would hope that shelf. Quite literally, thousands of those problems, that we know exactly Members would support the substitute pages and millions of dollars have been what we are doing, and that the deci- by myself and the gentleman from spent and the time for action has fi- sions we make and the money we spend California (Mr. BROWN). nally come to move from the study July 15, 1998 CONGRESSIONAL RECORD — HOUSE H5563 phase to a consensus-based Federal, studies, and they know that it is a Rahall Sherman Thurman State, local, NEPA approved engineer- joke. They will see the front pages and Ramstad Sisisky Tierney Rivers Skaggs Torres ing solution. Every day compounds the the headlines, and they will say, no Rodriguez Slaughter Towns environmental problems of the sea, more studies. Roemer Smith, Adam Turner adding time and expense to the solu- Let us get serious here. The one Rothman Snyder Velazquez Vento tion. Act now or the sea dies, period. Rush Spratt thing that Sonny said is, no more stud- Sabo Stabenow Visclosky Mr. Speaker, I yield such time as she ies. I think we need to prove that now. Sanchez Stark Wamp may consume to the gentlewoman in I think, again, it is time for Congress Sanders Stenholm Waters Watt (NC) California (Mrs. BONO). Sandlin Stokes to lead. I just think it is time for a bi- Waxman Mrs. BONO. Mr. Speaker, I thank my Sanford Strickland partisan Congress to prove that we will Sawyer Stupak Wexler distinguished colleague and dear friend finally get serious here and clean up Scott Tanner Wise for, first of all, his leadership on this the Salton Sea. Serrano Tauscher Woolsey Wynn and steering it through today. I am a Mr. CALVERT. Mr. Speaker, I yield Shays Thompson little bit disturbed about something I back the balance of my time. NAYS—218 heard earlier in the remarks by one of The SPEAKER pro tempore (Mr. my colleagues from California when he Aderholt Gekas Norwood PEASE). The question is on the amend- Archer Gibbons Nussle said that he bowed under pressure that ment in the nature of a substitute of- Armey Gilchrest Oxley he was facing from certain environ- fered by the gentleman from California Bachus Gillmor Packard Baker Gilman Pappas mental groups to go ahead and support (Mr. MILLER). the Miller-Brown substitute. Ballenger Goodlatte Parker The question was taken; and the Barr Goodling Paxon What about pressure from ordinary Speaker pro tempore announced that Barrett (NE) Goss Pease people? What about pressure from peo- the noes appeared to have it. Bartlett Graham Peterson (PA) Barton Granger Pickering ple who live near the Salton Sea within Mr. MILLER of California. Mr. the 44th district of California? What Bass Greenwood Pitts Speaker, I object to the vote on the Bateman Gutknecht Pombo about pressure from those people, not ground that a quorum is not present Bereuter Hall (TX) Portman Bilbray Hansen Pryce (OH) the pressure from people who live in- and make the point of order that a side the Beltway, who live inside Wash- Bilirakis Hastert Quinn quorum is not present. Bliley Hastings (WA) Radanovich ington here? Blunt Hayworth Redmond Who cares about how we are going to The SPEAKER pro tempore. Evi- dently a quorum is not present. Boehlert Hefley Regula be rated on a score card if this is what Boehner Herger Riggs is, in fact, right. And it is. One of my The Sergeant at Arms will notify ab- Bonilla Hilleary Riley sent Members. Bono Hobson Rogan greatest political mentors is Bruce Brady (TX) Hoekstra Rohrabacher Herschson. He said something brilliant. The vote was taken by electronic de- Bryant Horn Ros-Lehtinen He said, one day as a Member of Con- vice, and there were—yeas 202, nays Bunning Hostettler Roukema 218, not voting 14, as follows: Burr Houghton Royce gress you might have that vote that Burton Hulshof Ryun comes before you that you know is [Roll No. 281] Buyer Hunter Salmon right. You know you are going to have YEAS—202 Callahan Hutchinson Saxton to make that vote and know that it Calvert Hyde Scarborough Abercrombie Engel Lewis (GA) Camp Inglis Schaefer, Dan might cost you something. Perhaps Ackerman Eshoo Lipinski Campbell Istook Schaffer, Bob this is that vote for my colleague here. Allen Etheridge Lofgren Canady Jenkins Sessions I am deeply concerned about the Mil- Andrews Evans Lowey Cannon Johnson (CT) Shadegg Baesler Farr Luther Castle Johnson, Sam Shaw ler substitute for a number of reasons. Baldacci Fattah Maloney (CT) Chabot Jones Shimkus First of all, I think it is a mistake to Barcia Fazio Maloney (NY) Chambliss Kasich Shuster offer something, a study, again, au- Barrett (WI) Filner Manton Chenoweth Kelly Skeen Becerra Forbes Markey thorize a significant amount of money Christensen Kennedy (MA) Skelton Bentsen Ford Martinez Coble Kim Smith (MI) to say we will study this again, know- Berman Frank (MA) Mascara Coburn King (NY) Smith (NJ) ing that perhaps we might not go Berry Frost Matsui Collins Kingston Smith (OR) through with the solution here. I think Bishop Furse McCarthy (MO) Combest Klug Smith (TX) Blagojevich Gejdenson McCarthy (NY) Conyers Knollenberg Smith, Linda that is the ultimate deal here. Blumenauer Gephardt McDermott Cook Kolbe Snowbarger I think we are saying we are going to Bonior Goode McGovern Cooksey LaHood Solomon go ahead and tell the American people Borski Gordon McHale Cox Largent Souder Boswell Green McIntyre again, we are afraid to lead here in Crane Latham Spence Boucher Gutierrez McKinney Crapo LaTourette Stearns Congress so we will write a check and Boyd Hall (OH) Meehan Cubin Lazio Stump study it again. Three years from now Brady (PA) Hamilton Meek (FL) Cunningham Leach Talent we are going to maybe study it again. Brown (CA) Harman Meeks (NY) Davis (VA) Lewis (CA) Tauzin Brown (FL) Hastings (FL) Menendez Deal Lewis (KY) Taylor (MS) That is where we are right here. Brown (OH) Hefner Millender- DeLay Livingston Taylor (NC) It is time for Congress to say no Capps Hilliard McDonald Diaz-Balart LoBiondo Thomas more. It is time for Congress to say, we Cardin Hinchey Miller (CA) Dickey Lucas Thornberry Carson Hinojosa Minge are serious here, and we are going to do Doolittle Manzullo Thune Clay Holden Mink Dreier McCollum Tiahrt this. I think that we need to get away Clayton Hooley Moakley Dunn McCrery Traficant from the Miller amendment just for Clement Hoyer Mollohan Ehrlich McDade Upton Clyburn Jackson (IL) Moran (VA) Emerson McHugh Walsh that very reason. Condit Jackson-Lee Murtha The Salton Sea will never be 100 per- English McInnis Watkins Costello (TX) Nadler Ensign McIntosh Watts (OK) cent perfect for anybody, their side, Coyne Jefferson Neal Everett McKeon Weldon (FL) our side, whomever. But it can be a lot Cramer John Oberstar Ewing Metcalf Weldon (PA) better than it is. It is a mistake for us Cummings Johnson (WI) Obey Fawell Mica Weller Danner Johnson, E. B. Olver Foley Miller (FL) White to stop what we are doing, to stop the Davis (FL) Kanjorski Ortiz Fossella Moran (KS) Whitfield progress simply because it cannot be Davis (IL) Kaptur Owens Fowler Morella Wicker 100 percent. I think we see that in all of DeFazio Kennedy (RI) Pallone Fox Myrick Wilson DeGette Kennelly Pascrell the issues that they have raised. It will Franks (NJ) Nethercutt Wolf Delahunt Kildee Pastor Frelinghuysen Neumann Young (AK) never be 100 percent, but it will be DeLauro Kilpatrick Paul Gallegly Ney Young (FL) close to that. Deutsch Kind (WI) Payne Ganske Northup I think to study it again, once more, Dicks Kleczka Pelosi Dixon Klink Peterson (MN) NOT VOTING—14 will just be an insult to the people who Doggett Kucinich Petri live around the area. And when I trav- Dooley LaFalce Pickett Dingell Rangel Sensenbrenner el, when I campaign, when I just get Doyle Lampson Pomeroy Gonzalez Reyes Sununu Duncan Lantos Porter Hill Rogers Weygand out in the district, all I hear is, let us Edwards Lee Poshard Linder Roybal-Allard Yates save the Salton Sea. People see the Ehlers Levin Price (NC) McNulty Schumer H5564 CONGRESSIONAL RECORD — HOUSE July 15, 1998 b 1923 Nethercutt Roemer Souder Miller (FL) Reyes Yates Neumann Rogan Spence Oxley Roybal-Allard Mr. WELLER, Mrs. CUBIN, Mr. Ney Rogers Stearns Rangel Schumer LAZIO of New York, and Mr. BLUNT Northup Rohrabacher Sununu Norwood Ros-Lehtinen Talent b 1941 changed their vote from ‘‘yea’’ to Nussle Roukema Tauzin ‘‘nay.’’ Ortiz Royce Taylor (MS) Messrs. GOODLATTE, KINGSTON, Mr. WEXLER changed his vote from Packard Ryun Taylor (NC) EHLERS and HEFNER changed their ‘‘nay’’ to ‘‘yea.’’ Pappas Saxton Thomas vote from ‘‘yea’’ to ‘‘nay.’’ Parker Schaefer, Dan Thornberry So the bill was passed. So the amendment in the nature of a Paxon Schaffer, Bob Thune substitute was rejected. Pease Sessions Thurman The result of the vote was announced The result of the vote was announced Peterson (PA) Shadegg Tiahrt as above recorded. Pickering Shaw Traficant A motion to reconsider was laid on as above recorded. Pickett Shimkus Walsh PERSONAL EXPLANATION Pitts Shuster Watts (OK) the table. Pombo Sisisky Weldon (FL) f Mr. WEYGAND. Mr. Speaker, just a few Pomeroy Skeen Weldon (PA) minutes ago, as I was returning from the Portman Skelton Weller b 1945 White House, I missed rollcall vote 281. Had Pryce (OH) Smith (MI) White I been present, I would have voted ``aye'' on Quinn Smith (NJ) Whitfield PROVIDING FOR CONSIDERATION Radanovich Smith (OR) Wicker OF H.R. 4104, TREASURY, POSTAL the Miller substitute. Redmond Smith (TX) Wilson The SPEAKER pro tempore (Mr. Regula Smith, Linda Wolf SERVICE, AND GENERAL GOV- PEASE). Pursuant to House Resolution Riggs Snowbarger Young (AK) ERNMENT APPROPRIATIONS ACT, 500, the previous question is ordered on Riley Solomon Young (FL) 1999 the bill, as amended. NAYS—200 Mr. GOSS. Mr. Speaker, by direction The question is on the engrossment Abercrombie Gutierrez Oberstar of the Committee on Rules, I call up and third reading of the bill. Ackerman Hall (OH) Obey House Resolution 498 and ask for its The bill was ordered to be engrossed Allen Hamilton Olver immediate consideration. Andrews Hastings (FL) Owens and read a third time, and was read the Baesler Hefley Pallone The Clerk read the resolution, as fol- third time. Baldacci Hefner Pascrell lows: Barcia Hilliard Pastor The SPEAKER pro tempore. The H. RES. 498 question is on passage of the bill. Barr Hinchey Paul Barrett (WI) Hinojosa Payne Resolved, That at any time after the adop- The question was taken; and the Bentsen Hoekstra Pelosi tion of this resolution the Speaker may, pur- Speaker pro tempore announced that Berman Holden Peterson (MN) suant to clause 1(b) of rule XXIII, declare the the ayes appeared to have it. Berry Hooley Petri House resolved into the Committee of the Bishop Hoyer Porter Whole House on the state of the Union for Mrs. BONO. Mr. Speaker, on that I Blagojevich Inglis Poshard demand the yeas and nays. Blumenauer Jackson (IL) Price (NC) consideration of the bill (H.R. 4104) making The yeas and nays were ordered. Bonior Jackson-Lee Rahall appropriations for the Treasury Department, The vote was taken by electronic de- Borski (TX) Ramstad the United States Postal Service, the Execu- Boswell Jefferson Rivers tive Office of the President, and certain vice, and there were—yeas 221, nays Boucher John Rodriguez Independent Agencies, for the fiscal year 200, not voting 13, as follows: Boyd Johnson (WI) Rothman ending September 30, 1999, and for other pur- [Roll No. 282] Brady (PA) Johnson, E. B. Rush poses. The first reading of the bill shall be Brown (FL) Kanjorski Sabo YEAS—221 Brown (OH) Kennedy (RI) Salmon dispensed with. Points of order against con- sideration of the bill for failure to comply Aderholt Davis (VA) Horn Camp Kennelly Sanchez Archer Deal Hostettler Campbell Kildee Sanders with section 306 of the Congressional Budget Armey DeLay Houghton Cardin Kilpatrick Sandlin Act of 1974 are waived. General debate shall Bachus Diaz-Balart Hulshof Carson Kind (WI) Sanford be confined to the bill and shall not exceed Baker Dickey Hunter Chabot Kingston Sawyer one hour equally divided and controlled by Ballenger Dooley Hutchinson Clay Kleczka Scarborough the chairman and ranking minority member Barrett (NE) Doolittle Hyde Clement Klink Scott Clyburn Klug Sensenbrenner of the Committee on Appropriations. After Bartlett Dreier Istook general debate the bill shall be considered Barton Dunn Jenkins Coble Kucinich Serrano Bass Ehrlich Johnson (CT) Conyers LaFalce Shays for amendment under the five-minute rule. Bateman Emerson Johnson, Sam Costello Lampson Sherman Points of order against section 628 for failure Bereuter English Jones Coyne Lantos Skaggs to comply with clause 2 of rule XXI are Bilbray Ensign Kaptur Cramer Lee Slaughter waived. During consideration of the bill for Bilirakis Everett Kasich Cummings Levin Smith, Adam amendment, the Chairman of the Committee Bliley Ewing Kelly Danner Lewis (GA) Snyder Davis (FL) LoBiondo Spratt of the Whole may accord priority in recogni- Blunt Fawell Kennedy (MA) tion on the basis of whether the Member of- Boehlert Fazio Kim Davis (IL) Lofgren Stabenow Boehner Foley King (NY) DeFazio Lowey Stark fering an amendment has caused it to be Bonilla Fossella Knollenberg DeGette Luther Stenholm printed in the portion of the Congressional Bono Fowler Kolbe Delahunt Maloney (CT) Stokes Record designated for that purpose in clause Brady (TX) Fox LaHood DeLauro Maloney (NY) Strickland 6 of rule XXIII. Amendments so printed shall Brown (CA) Frank (MA) Largent Deutsch Manton Stump be considered as read. The chairman of the Bryant Franks (NJ) Latham Dicks Markey Stupak Dixon Mascara Tanner Committee of the Whole may: (1) postpone Bunning Frelinghuysen LaTourette until a time during further consideration in Burr Frost Lazio Doggett Matsui Tauscher Burton Gallegly Leach Doyle McCarthy (MO) Thompson the Committee of the Whole a request for a Buyer Ganske Lewis (CA) Duncan McDermott Tierney recorded vote on any amendment; and (2) re- Callahan Gekas Lewis (KY) Edwards McGovern Torres duce to five minutes the minimum time for Calvert Gibbons Lipinski Ehlers McHale Towns electronic voting on any postponed question Canady Gilchrest Livingston Engel McIntyre Turner that follows another electronic vote without Cannon Gillmor Lucas Eshoo McKinney Upton Etheridge Meehan Velazquez intervening business, provided that the mini- Capps Gilman Manzullo mum time for electronic voting on the first Castle Goodling Martinez Evans Meek (FL) Vento Chambliss Goss McCarthy (NY) Farr Meeks (NY) Visclosky in any series of questions shall be 15 min- Chenoweth Graham McCollum Fattah Menendez Wamp utes. At the conclusion of consideration of Christensen Granger McCrery Filner Miller (CA) Waters the bill for amendment the Committee shall Clayton Green McDade Forbes Minge Watkins rise and report the bill to the House with Coburn Greenwood McHugh Ford Mink Watt (NC) such amendments as may have been adopted. Collins Gutknecht McInnis Furse Moakley Waxman Gejdenson Mollohan Wexler The previous question shall be considered as Combest Hall (TX) McIntosh ordered on the bill and amendments thereto Condit Hansen McKeon Gephardt Moran (VA) Weygand Cook Harman Metcalf Goode Murtha Wise to final passage without intervening motion Cooksey Hastert Mica Goodlatte Nadler Woolsey except one motion to recommit with or with- Cox Hastings (WA) Millender- Gordon Neal Wynn out instructions. Crane Hayworth McDonald The SPEAKER pro tempore (Mr. Crapo Herger Moran (KS) NOT VOTING—13 Cubin Hilleary Morella Becerra Gonzalez Linder LAHOOD). The gentleman from Florida Cunningham Hobson Myrick Dingell Hill McNulty (Mr. GOSS) is recognized for 1 hour.