[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2773 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2773

 To authorize the Secretary of the Interior to cooperate with the High 
 Plains Aquifer States in conducting a hydrogeologic characterization, 
 mapping, modeling and monitoring program for the High Plains Aquifer, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2002

Mr. Bingaman (for himself, Mr. Domenici, and Mr. Brownback) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to cooperate with the High 
 Plains Aquifer States in conducting a hydrogeologic characterization, 
 mapping, modeling and monitoring program for the High Plains Aquifer, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Plains Aquifer Hydrogeologic 
Characterization, Mapping, Modeling and Monitoring Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Association.--The term ``Association'' means the 
        Association of American State Geologists.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (3) Federal component.--The term ``Federal component'' 
        means the Federal component of the High Plains Aquifer 
        Comprehensive Hydrogeologic Characterization, Mapping, Modeling 
        and Monitoring Program described in section 3(c).
            (4) High plains aquifer.--The term ``High Plains Aquifer'' 
        is the groundwater reserve depicted as Figure 1 in the United 
        States Geological Survey Professional Paper 1400-B, title 
        ``Geohydrology of the High Plains Aquifer in Parts of Colorado, 
        Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, 
        and Wyoming.''
            (5) High plains aquifer states.--The term ``High Plains 
        Aquifer States'' means the States of Colorado, Kansas, 
        Nebraska, New Mexico, Oklahoma, South Dakota, Texas and 
        Wyoming.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State component.--The term ``State component'' means 
        the State component of the High Plains Aquifer Comprehensive 
        Hydrogeologic Characterization, Mapping, Modeling and 
        Monitoring Program described in section 3(d).

SEC. 3. ESTABLISHMENT.

    (a) Program.--The Secretary, working through the United States 
Geological Survey, and in cooperation with the State geological surveys 
and the water management agencies of the High Plains Aquifer States, 
shall establish and carry out the High Plains Aquifer Comprehensive 
Hydrogeolgoic Characterization, Mapping, Modeling and Monitoring 
Program, for the purposes of the characterization, mapping, modeling, 
and monitoring of the High Plains Aquifer. The program shall undertake 
on a county-by-county level or at the largest scales and most detailed 
levels determined to be appropriate on a state-by-state and regional 
basis: (1) mapping of the hydrogeological configuration of the High 
Plains Aquifer; and (2) with respect to the High Plains Aquifer, 
analyses of the current and past rates at which groundwater is being 
withdrawn and recharged, the net rate of decrease or increase in High 
Plains Aquifer storage, the factors controlling the rate of horizontal 
and vertical migration of water within the High Plains Aquifer, and the 
current and past rate of loss of saturated thickness within the High 
Plains Aquifer. The program shall also develop, as needed, regional 
data bases and groundwater flow models.
    (b) Funding.--The Secretary shall make available fifty percent of 
the funds available pursuant to this Act for use in carrying out the 
State component of the program, as provided for by subsection (d).
    (c) Federal Program Component.--
            (1) Priorities.--The program shall include a Federal 
        component, developed in consultation with the Federal Review 
        Panel provided for by subsection (e), which shall have as its 
        priorities--
                    (A) coordinating Federal, State, and local, data, 
                maps, and models into an integrated physical 
characterization of the High Plains Aquifer;
                    (B) supporting State and local activities with 
                scientific and technical specialists; and
                    (C) undertaking activities and providing technical 
                capabilities not available at the State and local 
                levels.
            (2) Interdisciplinary studies.--The Federal component shall 
        include interdisciplinary studies that add value to 
        hydrogeologic characterization, mapping, modeling and 
        monitoring for the High Plains Aquifer.
    (d) State Program Component.--
            (1) Priorities.--The program shall include a State 
        component which shall have as its priorities hydrogeologic 
        characterization, mapping, modeling, and monitoring activities 
        in areas of the High Plains Aquifer that will assist in 
        addressing issues relating to groundwater depletion and 
        resource assessment of the Aquifer. Priorities under the State 
        component shall be based upon the recommendations of State 
        panels representing a broad range of users of hydrogeologic 
        data and information, which shall be appointed by the Governor 
        of the State or the Governor's designee.
            (2) Awards.--Twenty percent of the Federal funds available 
        under the State component shall be equally divided among the 
        State geological surveys of the High Plains Aquifer States to 
        carry out the purposes of the program provided for by this Act. 
        The remaining funds under the State component shall be 
        competitively awarded to State or local agencies or entities in 
        the High Plains Aquifer States, including State geological 
        surveys, State water management agencies, institutions of 
        higher education, or consortia of such agencies or entities. 
        Such funds shall be awarded by the Director only for proposals 
        that have been recommended by the State panels referred to in 
        subsection (d)(1), subjected to independent peer review, and 
        given final recommendation by the Federal Review Panel 
        established under subsection (e). Proposals for multi-state 
        activities must be recommended by the State panel of at least 
        one of the affected States.
    (e) Federal Review Panel.--
            (1) Establishment.--There shall be established a Federal 
        Review Panel to evaluate the proposals submitted for funding 
        under the State component under subsection (d)(2) and to 
        recommend approvals and levels of funding. In addition, the 
        Federal Review Panel shall review and coordinate the Federal 
        component priorities under subsection (c)(1), Federal 
        interdisciplinary studies under subsection (c)(2), and the 
        State component priorities under subsection (d)(1).
            (2) Composition and support.--Not later than three months 
        after the date of enactment of this Act, the Secretary shall 
        appoint to the Federal Review Panel: (1) two representatives of 
        the United States Geological Survey, at least one of which 
        shall be a hydrologist or hydrogeologist; and (2) three 
        representatives of the geological surveys and water management 
        agencies of the High Plains Aquifer States from lists of 
        nominees provided by the Association and the Western States 
        Water Council, so that there is representation of both the 
        State geological surveys and the State water management 
        agencies. Appointment to the Panel shall be for a term of three 
        years. The Director shall provide technical and administrative 
        support to the Federal Review Panel. Expenses for the Federal 
        Review Panel shall be paid from funds available under the 
        Federal component of the program.
    (f) Limitation.--The United States Geological Survey shall not use 
any of the Federal funds to be made available under the State component 
for any fiscal year to pay indirect, servicing, or program management 
charges. Recipients of awards granted under subsection (d)(2) shall not 
use more than eighteen percent of the Federal award amount for any 
fiscal year for indirect, servicing, or program management charges.

SEC. 4. PLAN.

    The Secretary, acting through the Director, shall, with the 
participation and review of the Association, the Western States Water 
Council, the Federal Review Panel, and the State panels, prepare a plan 
for the High Plains Aquifer Hydrogeologic Characterization, Mapping, 
Modeling and Monitoring Program. The plan shall address overall 
priorities for the program and a management structure and program 
operations, including the role and responsibilities of the United 
States Geological Survey and the States in the program, and mechanisms 
for identifying priorities for the Federal component and the State 
component.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Report on Program Implementation.--One year after the date of 
enactment of this Act, and every two years thereafter through fiscal 
year 2011, the Secretary shall submit a report on the status of 
implementation of the program established by this Act to the Committee 
on Energy and Natural Resources of the Senate, the Committee on 
Resources of the House of Representatives, and the Governors of the 
High Plains Aquifer States.
    (b) Report on High Plains Aquifer.--One year after the date of 
enactment of this Act and every year thereafter through fiscal year 
2011, the Secretary shall submit a report to the Committee on Energy 
and Natural Resources of the Senate, the Committee on Resources of the 
House of Representatives, and the Governors of the High Plains Aquifer 
States on the status of the High Plains Aquifer, including aquifer 
recharge rates, extraction rates, saturated thickness, and water table 
levels.
    (c) Role of Federal Review Panel.--The Federal Review Panel shall 
be given an opportunity to review and comment on the reports required 
by this section.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 2003 through 2011 to carry out 
this Act.
                                 <all>