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“SAN GABRIEL BASIN RESTORATION FUND AUTHORIZATION ACT” published by Congressional Record on Dec. 11, 2007

Volume 153, No. 189 covering the 1st Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

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

“SAN GABRIEL BASIN RESTORATION FUND AUTHORIZATION ACT” mentioning the Environmental Protection Agency was published in the House of Representatives section on pages H15227-H15229 on Dec. 11, 2007.

The publication is reproduced in full below:

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SAN GABRIEL BASIN RESTORATION FUND AUTHORIZATION ACT

Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 123) to authorize appropriations for the San Gabriel Basin Restoration Fund, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 123

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SAN GABRIEL BASIN RESTORATION FUND.

Section 110 of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-222), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 106-554, as amended by Public Law 107-66), is further amended--

(1) in subsection (a)(3)(B), by inserting after clause

(iii) the following:

``(iv) Non-federal match.--After $85,000,000 has cumulatively been appropriated under subsection (d)(1), the remainder of Federal funds appropriated under subsection (d) shall be subject to the following matching requirement:

``(I) San gabriel basin water quality authority.--The San Gabriel Basin Water Quality Authority shall be responsible for providing a 35 percent non-Federal match for Federal funds made available to the Authority under this Act.

``(II) Central basin municipal water district.--The Central Basin Municipal Water District shall be responsible for providing a 35 percent non-Federal match for Federal funds made available to the District under this Act.'';

(2) in subsection (a), by adding at the end the following:

``(4) Interest on funds in restoration fund.--No amounts appropriated above the cumulative amount of $85,000,000 to the Restoration Fund under subsection (d)(1) shall be invested by the Secretary of the Treasury in interest-bearing securities of the United States.''; and

(3) by amending subsection (d) to read as follows:

``(d) Authorization of Appropriations.--

``(1) In general.--There is authorized to be appropriated to the Restoration Fund established under subsection (a)

$146,200,000. Such funds shall remain available until expended.

``(2) Set-aside.--Of the amounts appropriated under paragraph (1), no more than $21,200,000 shall be made available to carry out the Central Basin Water Quality Project.''.

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

The Chair recognizes the gentlewoman from California.

General Leave

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

The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from California?

There was no objection.

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

H.R. 123 was introduced by our colleague and good friend, Congressman David Dreier of California, to provide additional funds for the San Gabriel Basin Restoration Fund. This bill, which is a very important bill for my whole area, has worked to clean up a contamination, a Superfund site, that has cleaned up much of the contamination in an area that comprises probably around 30 cities, and as amended will raise the appropriation ceiling by an additional $61.2 million.

We need this to further continue to provide the cleanup on this water to millions of people in dozens of cities. This bill has been worked on in a bipartisan basis. Both my colleague, Mr. Dreier, myself, our staffs have worked diligently for a long time to carry this bill to where it is.

When H.R. 123 was introduced earlier this year, it only included funds for cleanup in the San Gabriel Basin. Since then, my staff, committee staff and Congressman Dreier's staff have worked together to amend the bill to include additional funds for cleanup in the central basin as well. While this legislation provides a central basin with access to much-needed additional funds, all funds left under the original authorization should remain dedicated to the Water Quality Authority, the entity which is responsible for coordinating cleanup efforts in the San Gabriel Basin.

Mr. Speaker, we have no objection to this noncontroversial, bipartisan bill and I urge my colleagues to support H.R. 123, as amended.

I reserve the balance of my time.

Mr. BISHOP of Utah. Mr. Speaker, H.R. 123 was introduced by our distinguished colleague, the gentleman from California, the distinguished ranking member of the Rules Committee, David Dreier; and it extends a highly successful water cleanup effort in Southern California. This legislation as amended authorizes additional Federal dollars for groundwater remediation aquifers that provide drinking water to the Los Angeles area residents.

As explained by the Democrat bill manager, this amended bill will allow the central basin water authorities to pursue their own appropriations while not harming what remains of the original San Gabriel Restoration Fund. This aspect of the bill is very important when it comes to protecting the San Gabriel water supply. This bill has enjoyed bipartisan support and dialogue throughout the legislative process, and I urge my colleagues to support this result-oriented bill.

I will reserve at this moment.

Mrs. NAPOLITANO. Mr. Speaker, I have no speakers waiting. I still remain committed to reserving my time.

Mr. BISHOP of Utah. It is only right that I yield as much time as he chooses to consume to the gentleman from California, the sponsor of this wonderful piece of legislation, Mr. Dreier.

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

Mr. DREIER. Mr. Speaker, let me begin by rising to compliment my distinguished California colleague, the Chair of the subcommittee, for her amazing and festive outfit which includes shoes and earrings which I hope very much our colleagues will seize the opportunity to see during this holiday season.

The importance of stating that is matched by my praise for her work and the work of her staff on this important legislation. It has been nearly a decade, actually back in 1999, that we were able to first pass legislation designed to deal with a horrendous tragedy that came in the aftermath of the Cold War. It was during the Cold War that we had a wide range of defense contractors, some of which are in business today, and some of which no longer are in business; but during that period of time, they legally disposed of spent rocket fuel. They did it legally. No one knew what the ramifications of that would be at the time.

And so, Mr. Speaker, what happened? Well, in the mid-1990s there was this discovery of perchlorate which was a byproduct of the disposal of that spent rocket fuel. Unfortunately, it created the potential to contaminate the water for as many as 7 million Californians.

That is why I want to join in praising Mrs. Napolitano for her work in expanding this cleanup effort, and I want to thank all the members of her staff. I also want to express appreciation to our colleague, Cathy McMorris Rodgers, who also has worked very hard on this. And I know that the discovery of perchlorate is something that has hit other parts of the country.

Well, we in the San Gabriel Valley have put together what clearly is the best model for not only our area, Mr. Speaker, but for other parts of the country, Dallas, Texas, other parts of California, where this has been found. What does that partnership consist of? It is the Federal Government, and there was a lot of litigation that was initiated in the 1990s over this problem. I decided back then in the 1990s, why should we wait for litigation to go through the courts when perchlorate was seeping into the groundwater when it was very clear that the Federal Government had contracted with these people and we won the Cold War.

And so it was obvious that this was a Federal responsibility for us to step up to the plate. But there, obviously, were a lot of others who did want to take on some of the responsibility, so companies like Aerojet and other companies did agree to participate in the cleanup effort. And the State of California and local governments as well have been part of this process.

Again, our bipartisan staffs have worked so closely together on this issue that to me, Mr. Speaker, it is a great demonstration of the willingness of Chairwoman Napolitano to reach out and work on an issue where we could find areas of agreement. Again, I can't thank her enough for that. And I will say that as we look at this challenge down the road, we hope very much that it is taken care of. But I am well aware of the fact that we will see further environmental difficulties in the future, and I believe that this legislation, H.R. 123, will be a model that can be utilized for many of the other environmental challenges that we face beyond the issue of water in the future.

So again I thank all of my colleagues who have been involved, Mr. Speaker, and I thank those in our local area, the Water Quality Authority and other entities that have stepped up and are working with us, because they really were key in putting together this model; and I urge my colleagues to support the gentlewoman's resolution here.

Mrs. NAPOLITANO. Mr. Speaker, my colleague has very well outlined the background of the bill. Due to his vision, this started over a decade over ago, brought all the parties together, had many hurdles that were accomplished only when people were brought to the table and were able to seek the solution to be more expediently cleaning up that area. And I can tell you that this has been, as he has outlined, a very hard-

worked, joint effort, not only at the local level with the State, the locals, the Fed, the EPA, all the water districts, but also our staffs who have run into difficulties and had been able to work to iron them out. So kudos also, Mr. Speaker, to Chairman Dreier's staff in being willing to work with our staff in bringing this to the solution where we are now.

I have no further speakers, Mr. Speaker, and I reserve the balance of my time.

Mr. BISHOP of Utah. We have no other speakers, Mr. Speaker. I did not have the opportunity of giving my life history on the last bill, and I really am disappointed Mr. Dreier didn't give his life history in his bill; but beside that disappointment, I also am grateful to be here with the distinguished subcommittee chairwoman who is dressed in as festive an outfit for this time of year as is possible to do, and we simply yield back the balance of our time in urging my colleagues to approve this piece of legislation.

Mrs. NAPOLITANO. Mr. Speaker, I appreciate the comments about my dress and demeanor. I only feel that we are hoping to wrap it up this week and not be here through Christmas.

Mr. DREIER. Mr. Speaker, I rise in strong support of this bill's passage. H.R. 123 is an important continuation of the successful federal-state-local partnership that already exists in providing one of the most basic necessities of life--clean drinking water. The bill extends the current authorization of the San Gabriel Basin Restoration Fund by a total of $61.2 million--$50 million for the San Gabriel Basin Water Quality Authority (WQA), and $11.2 million for the Central Basin Municipal Water District (Central Basin).

The San Gabriel Basin Restoration Fund was created because of the critical need to quickly implement a plan that would address the contaminated groundwater in the San Gabriel Valley. Before important environmental laws were put into place, the Federal Government had contracted with defense companies that were, at that time, legally permitted to dispose of spent-rocket fuel without proper safeguards for groundwater. There had already been clean-up efforts in the region for other contaminants but in 1997, perchlorate contamination was discovered in the groundwater in the San Gabriel Valley. Unfortunately, at the time of discovery, many of those contractors and other responsible parties had either moved their businesses to other locations, or had simply gone out of business. The region's groundwater remained threatened while mounting litigation between the Environmental Protection Agency and private parties potentially responsible for the contamination delayed any hope for a solution.

In 1999, the Federal Government rightfully stepped in with the creation of the Restoration Fund to provide a mechanism for those responsible for the contamination to partner with local, state and federal agencies to solve the crisis and immediately implement the clean-up. The willingness of the Federal Government to partner with local and state agencies proved to be the impetus for private investment and participation in the ongoing cleanup efforts.

I am proud to say that this partnership is an example of good stewardship of taxpayer money. Initially in 1999, when we first began the process for creating the Restoration Fund, the total cost of cleaning up the basin was estimated at $320 million. Congress created the Restoration Fund in 2000, with an initial authorization of $85 million, or a 25 percent investment. To date, a little over $70 million has been appropriated, with approximately 83 percent of the cleanup provided by local sources and responsible parties, with about 12 percent federal funding.

After recent evaluation of the total project, accounting for increased levels of detected contamination, increased energy costs and inflation, the total cost of cleanup now, almost a decade later, is approximately $1 billion. With a modest increase of $61.2 million, bringing the total federal investment to $146.2 million, or approximately 14 percent, the WQA and the U.S. Bureau of Reclamation can continue jointly administering this cleanup program.

Their outstanding work is why this project is cost effective and such a huge success. In working with the WQA and the U.S. Bureau of Reclamation over the past decade on this regional solution, there is no doubt that this increase is warranted and will be utilized in the most effective way to continue to provide safe drinking water.

The cost-effectiveness of the original authorization of the Restoration Fund is clear. And without a doubt, that cost-effective use of the federal investment will be continued in this new authorization. The federal partnership will continue to hold the coalition of local water agencies and private parties together to finish the job that we started a decade ago.

It is important to note that this bill, while originally introduced to authorize additional funds for the WQA, was amended to include additional funding for the Central Basin. The WQA and Central Basin were jointly authorized to implement the cleanup by the original Restoration Fund. These two agencies have worked side by side for many years to ensure that the millions of residents in our region have safe drinking water. While the Central Basin has realized its full authorization under the Restoration Fund, there are funds yet to be appropriated to the WQA under the original authorization. Therefore, the WQA is not responsible to provide the Central Basin with any further appropriations that are secured under the original $85 million ceiling.

However, we all recognize Central Basin's desire to seek additional funds beyond what they have already been fully provided under the original authorization to ensure the safety of the region's groundwater. Central Basin has stepped forward in committing to providing the 35 percent local cost share on any future appropriations they secure. Once the WQA receives its full appropriation under the original authorization, should the WQA and Central Basin decide to pursue and split a single appropriation as they've done in the past, then the WQA and the Central Basin have mutually agreed that the WQA will receive 90 percent, and Central Basin will receive 10 percent of any annual appropriation to the Restoration Fund under the new authorization ceiling outlined in this bill. I want to commend the cooperation between these two agencies in working out the details of the implementation of this bill and for their continued service to the residents of the San Gabriel Valley.

This bill is a product of strong bipartisan cooperation with the Chair of the House Natural Resources Subcommittee on Water and Power, Ms. Napolitano, an original cosponsor of the bill and great partner throughout the years in addressing the very serious challenge of keeping our groundwater supply safe for southern Californians. I am very proud to have the support of our friends Gary Miller, Lucille Roybal-Allard, Adam Schiff, Hilda Solis and Linda Sanchez. I also want to thank Ranking Member Cathy McMorris-Rodgers for her support throughout the legislative process as well as recognize the hard work of the very able Majority and Minority subcommittee staff including Steve Lanich, Kiel Weaver, Emily Knight and from Chairwoman Napolitano's personal office, Daniel Chao.

Mr. Speaker, I urge my colleagues to support passage of this legislation.

Mrs. NAPOLITANO. I yield back the balance of my time.

The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from California (Mrs. Napolitano) that the House suspend the rules and pass the bill, H.R. 123, as amended.

The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.

A motion to reconsider was laid on the table.

____________________

SOURCE: Congressional Record Vol. 153, No. 189