[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 212 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 212

 To authorize the Secretary of the Interior to cooperate with the High 
Plains 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

                            January 23, 2003

Mr. Bingaman (for himself, Mr. Brownback, and Mr. Domenici) 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 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) 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 title 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 title. 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 a 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 
                multistate 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 3 months after 
        the date of enactment of this title, the Secretary shall 
        appoint to the Federal Review Panel: (1) three representatives 
        of the United States Geological Survey, at least one of which 
        shall be a hydrologist or hydrogeologist; and (2) 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 3 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 18 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 50 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 Comprehensive 
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 2 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. The initial report submitted by the 
Secretary shall contain the plan required by section 4.
    (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 .-
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