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






                                                       Calendar No. 659
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

                            October 8, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act:</DELETED>
        <DELETED>    (1) Association.--The term ``Association'' means 
        the Association of American State Geologists.</DELETED>
        <DELETED>    (2) Director.--The term ``Director'' means the 
        Director of the United States Geological Survey.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.''</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Federal Program Component.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) coordinating Federal, State, and 
                local, data, maps, and models into an integrated 
                physical characterization of the High Plains 
                Aquifer;</DELETED>
                <DELETED>    (B) supporting State and local activities 
                with scientific and technical specialists; 
                and</DELETED>
                <DELETED>    (C) undertaking activities and providing 
                technical capabilities not available at the State and 
                local levels.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) State Program Component.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Federal Review Panel.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. PLAN.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

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) Council.--The term ``Council'' means the Western States 
        Water Council.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (4) 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).
            (5) 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, titled 
        ``Geohydrology of the High Plains Aquifer in Parts of Colorado, 
        Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, 
        and Wyoming.''.
            (6) 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.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) 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 participating State 
geological surveys and water management agencies of the High Plains 
Aquifer States, shall establish and carry out the High Plains Aquifer 
Comprehensive Hydrogeologic 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 change of 
        saturated thickness within the High Plains Aquifer. The Program 
        shall also develop, as recommended by the State panels referred 
        to in subsection (d)(1), 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.--Upon election by a High Plains Aquifer 
        State, the State may participate in the State component of the 
        Program 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. As a condition of participating in the State 
component of the Program, the Governor or Governor's designee shall 
appoint a State panel representing a broad range of users of, and 
persons knowledgeable regarding, hydrogeologic data and information, 
which shall be appointed by the Governor of the State or the Governor's 
designee. Priorities under the State component shall be based upon the 
recommendations of the State panel.
            (2) Awards.--(A) 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. In the event that the State geological survey is 
        unable to utilize the funding for such purposes, the Secretary 
        may, upon the petition of the Governor of the State, direct the 
        funding to some other agency of the State to carry out the 
        purposes of the Program.
            (B) In the case of High Plains Aquifer State that has 
        elected to participate in the State component of the Program, 
        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. A 
        State may submit a proposal for the United States Geological 
        Survey to undertake activities and provide technical 
        capabilities not available at the State and local levels. 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 prioritization and 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)(B) 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:
                    (A) three representatives of the United States 
                Geological Survey, at least one of which shall be a 
                hydrologist or hydrogeologist; and
                    (B) four 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 Council, so that there are two 
                representatives of the State geological surveys and two 
                representatives of 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)(B) shall 
not use more than eighteen percent of the Federal award amount for any 
fiscal year for indirect, servicing, or Program management charges. The 
Federal share of the costs of an activity funded under subsection 
(d)(2)(B) shall be no more than fifty percent of the total cost of that 
activity. The Secretary may apply the value of in-kind contributions of 
property and services to the non-Federal share of the costs of the 
activity.

SEC. 4. PLAN.

    The Secretary, acting through the Director, shall, in consultation 
with the Association, the 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.




                                                       Calendar No. 659

107th CONGRESS

  2d Session

                                S. 2773

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 8, 2002

                       Reported with an amendment