[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1957 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1957

To authorize the Secretary of the Interior to cooperate with the States 
on the border with Mexico and other appropriate entities in conducting 
  a hydrogeologic characterization, mapping, and modeling program for 
        priority transboundary aquifers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 25, 2003

 Mr. Bingaman 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 States 
on the border with Mexico and other appropriate entities in conducting 
  a hydrogeologic characterization, mapping, and modeling program for 
        priority transboundary aquifers, 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 ``United States-Mexico Transboundary 
Aquifer Assessment Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) rapid population growth in the United States-Mexico 
        border region over the last decade has placed major strains on 
        limited water supplies in the region;
            (2) water quantity and quality issues are likely to be the 
        determining and limiting factors affecting future economic 
        development, population growth, and human health in the border 
        region;
            (3) increasing use of groundwater resources in the border 
        region by municipal and other water users has raised serious 
        questions concerning the long-term availability of the water 
        supply;
            (4) cooperation between the United States and Mexico in 
        assessing and understanding transboundary aquifers is necessary 
        for the successful management of shared groundwater resources 
        by State and local authorities in the United States and 
        appropriate authorities in Mexico, including management that 
        avoids conflict between the United States and Mexico;
            (5) while there have been some studies of binational 
        groundwater resources along the United States-Mexico border, 
        additional data and analyses are needed to develop an accurate 
        understanding of the long-term availability of useable water 
        supplies from transboundary aquifers; and
            (6) the Border States--
                    (A) are primarily responsible for the management 
                and allocation of groundwater resources within the 
                respective boundaries of the Border States; and
                    (B) should have a cooperative role in the analysis 
                and characterization of transboundary aquifers.
    (b) Purpose.--The purpose of this Act is to direct the Secretary of 
the Interior to establish a United States-Mexico transboundary aquifer 
assessment program to--
            (1) systematically assess priority transboundary aquifers; 
        and
            (2) provide the scientific foundation necessary for State 
        and local officials to address pressing water resource 
        challenges in the United States-Mexico border region.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aquifer.--The term ``aquifer'' means a subsurface 
        water-bearing geologic formation from which significant 
        quantities of water may be extracted.
            (2) Border state.--The term ``Border State'' means each of 
        the States of Arizona, California, New Mexico, and Texas.
            (3) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe, band, nation, or other organized group or 
        community--
                    (A) that is recognized as eligible for the special 
                programs and services provided by the United States to 
                Indians because of their status as Indians; and
                    (B) the reservation of which includes a 
                transboundary aquifer within the exterior boundaries of 
                the reservation.
            (4) Priority transboundary aquifer.--The term ``priority 
        transboundary aquifer'' means a transboundary aquifer that has 
        been designated for study and analysis under the program.
            (5) Program.--The term ``program'' means the United States-
        Mexico transboundary aquifer assessment program established 
        under section 4(a).
            (6) Reservation.--The term ``reservation'' means land that 
        has been set aside or that has been acknowledged as having been 
        set aside by the United States for the use of an Indian tribe, 
        the exterior boundaries of which are more particularly defined 
        in a final tribal treaty, agreement, executive order, Federal 
        statute, secretarial order, or judicial determination.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (8) Transboundary aquifer.--The term ``transboundary 
        aquifer'' means an aquifer that underlies the boundary between 
        the United States and Mexico.
            (9) Tri-regional planning group.--The term ``Tri-Regional 
        Planning Group'' means the binational planning group comprised 
        of--
                    (A) the Junta Municipal de Aqua y Saneamiento de 
                Ciudad Juarez;
                    (B) the El Paso Water Utilities Public Service 
                Board; and
                    (C) the Lower Rio Grande Water Users Organization.
            (10) Water resources research institutes.--The term ``water 
        resources research institutes'' means the institutes within the 
        Border States established under section 104 of the Water 
        Resources Research Act of 1984 (42 U.S.C. 10303).

SEC. 4. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Secretary, in consultation and cooperation 
with the Border States, the Water Resources Research Institutes, Sandia 
National Laboratories, and other appropriate entities in the United 
States and Mexico, shall carry out the United States-Mexico 
transboundary aquifer assessment program to characterize, map, and 
model transboundary groundwater resources along the United States-
Mexico border at a level of detail determined to be appropriate for the 
particular aquifer.
    (b) Objectives.--The objectives of the program are to--
            (1) develop and implement an integrated scientific approach 
        to assess transboundary groundwater resources, including--
                    (A)(i) identifying fresh and saline transboundary 
                aquifers; and
                    (ii) prioritizing the transboundary aquifers for 
                further analysis by assessing--
                            (I) the proximity of the transboundary 
                        aquifer to areas of high population density;
                            (II) the extent to which the transboundary 
                        aquifer is used; and
                            (III) the susceptibility of the 
                        transboundary aquifer to contamination;
                    (B) evaluating all available data and publications 
                as part of the development of study plans for each 
                priority transboundary aquifer;
                    (C) creating a geographic information system 
                database to characterize the spatial and temporal 
                aspects of each priority transboundary aquifer; and
                    (D) using field studies, including support for and 
                expansion of ongoing monitoring and metering efforts, 
                to develop any additional data that are needed to 
                define aquifer characteristics to the extent necessary 
                to enable the development of groundwater flow models to 
                assess sustainable water yields for each priority 
                transboundary aquifer;
            (2) expand existing agreements, as appropriate, between the 
        United States Geological Survey, the Border States, the Water 
        Resources Research Institutes, and appropriate authorities in 
        the United States and Mexico, to--
                    (A) conduct joint scientific investigations;
                    (B) archive and share relevant data; and
                    (C) carry out any other activities consistent with 
                the program; and
            (3) produce scientific products for each priority 
        transboundary aquifer to provide the scientific information 
        needed by water managers and natural resource agencies on both 
        sides of the United States-Mexico border to effectively 
        accomplish the missions of the managers and agencies.
    (c) Designation of Certain Aquifers.--For purposes of the program, 
the Secretary shall designate the Hueco Bolson and Mesilla aquifers 
underlying parts of Texas, New Mexico, and Mexico as priority 
transboundary aquifers.
    (d) Cooperation With Mexico.--To ensure a comprehensive assessment 
of transboundary aquifers, the Secretary shall, to the maximum extent 
practicable, work with appropriate Federal agencies and other 
organizations to develop partnerships with, and receive input from, 
relevant organizations in Mexico to carry out the program.
    (e) Grants and Cooperative Agreements.--The Secretary may provide 
grants or enter into cooperative agreements and other agreements with 
the Water Resource Research Institutes and other Border State entities 
to carry out the program.

SEC. 5. STATE AND TRIBAL ROLE.

    (a) Coordination.--The Secretary shall coordinate the activities 
carried out under the program with--
            (1) the appropriate water resource agencies in the Border 
        States; and
            (2) any affected Indian tribes.
    (b) New Activity.--After the date of enactment of this Act, the 
Secretary shall not initiate any field studies to develop data or 
develop any groundwater flow models for a priority transboundary 
aquifer under the program before consulting with, and coordinating the 
activity with, the Border State water resource agency that has 
jurisdiction over the aquifer.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $50,000,000 for the period of fiscal years 2005 through 
2014.
    (b) Distribution of Funds.--Of the amounts made available under 
subsection (a), 50 percent shall be made available to the Water 
Resource Research Institutes to provide funding to appropriate entities 
in the Border States (including Sandia National Laboratories, State 
agencies, universities, the Tri-Regional Planning Group, and other 
relevant organizations) and Mexico to conduct activities under the 
program, including the binational collection and exchange of scientific 
data.

SEC. 7. REPORTS.

    Not later than 5 years after the date of enactment of this Act, and 
on completion of the program in fiscal year 2014, the Secretary shall 
submit to the appropriate water resource agency in the Border States, 
an interim and final report, respectively, that describes--
            (1) any activities carried out under the program;
            (2) any conclusions of the Secretary relating to the status 
        of transboundary aquifers; and
            (3) the level of participation in the program of entities 
        in Mexico.
                                 <all>