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






                                                        Calendar No. 36
108th CONGRESS
  1st Session
                                 S. 212

                          [Report No. 108-21]

 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

                             March 19, 2003

  Reported by Mr. Domenici, with an amendment and an amendment to the 
                                 title
 [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 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) Council.--The term ``Council'' means the 
        Western States Water Council.</DELETED>
        <DELETED>    (3) Director.--The term ``Director'' means the 
        Director of the United States Geological Survey.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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).</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (1) mapping of the hydrogeological configuration 
        of the High Plains Aquifer; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>The Program shall also develop, as recommended by the State 
panels referred to in subsection (d)(1), 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 title 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.--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.</DELETED>
        <DELETED>    (2) Awards.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</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)(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).</DELETED>
        <DELETED>    (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.</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)(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.</DELETED>

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

<DELETED>    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.</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 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.</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, and Modeling 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) 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.''
            (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) Review panel.--The term ``Review Panel'' means the 
        panel provided for by section 3(d).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. ESTABLISHMENT.

    (a) Program.--The Secretary, through the United States Geological 
Survey, and in cooperation with the High Plains Aquifer States, shall 
establish and carry out the High Plains Aquifer Comprehensive 
Hydrogeologic Program, to characterize, map, and model the High Plains 
Aquifer. The Program shall undertake at the most detailed levels 
determined to be appropriate on a state-by-state basis, 
characterization, mapping and modeling of the hydrogeological 
configuration of the High Plains Aquifer.
    (b) Objectives.--The objectives of the Program are to:
            (1) provide for the hydrogeologic characterization, mapping 
        and modeling of the High Plains Aquifer through a cooperative 
        partnership effort between the U.S. Geological Survey and the 
        High Plains Aquifer States;
            (2) coordinate Federal, State, and local data, maps, and 
        models into an integrated physical characterization of the High 
        Plains Aquifer;
            (3) support State and local activities with scientific and 
        technical specialists; and
            (4) undertake activities and provide technical capabilities 
        not available at the State and local levels as may be requested 
        by a Governor of a High Plains Aquifer State within such state.
    (c) Requests From Governors.--The Governor of a High Plains Aquifer 
State may submit a proposal to the Secretary requesting the Secretary 
to undertake activities and provide financial and technical 
capabilities not available at the State and local levels to carry out 
the purposes of the Program.
    (d) Review Panel.--Not later than six months after the date of 
enactment of this Act, the Secretary shall establish a Review Panel to: 
(1) evaluate the proposals submitted for funding under subsection (f); 
and (2) review and coordinate Program priorities. In performing its 
functions, the Review Panel shall consult with the Association and the 
Council.
    (e) Composition and Support.--The Review Panel shall be comprised 
of: (1) five representatives of the United States Geological Survey, at 
least two of which shall be hydrologists or hydrogeologists; and (2) 
one representative who is knowledgeable regarding hydrogeologic data 
and information from each of the High Plains Aquifer States that elects 
to participate in the Program. Each representative of a High Plains 
Aquifer State shall be recommended by the Governor of such State. The 
Secretary shall provide technical and administrative support to the 
Review Panel. Expenses for the Review Panel shall be paid from Program 
funds other than those referred to in subsection (f).
    (f) Funding.--Fifty percent of the funds appropriated to carry out 
this Program shall be allocated equally by the Secretary for the 
participation of State and local agencies and institutions of higher 
education within each of the High Plains Aquifer States that elects to 
participate in the Program. Grants may be made by the Secretary from 
the funds described in this subsection based on proposals that have 
been recommended by the Governor and reviewed by the Review Panel. 
Proposals for multistate activities must be recommended by the 
Governors of all the affected States.

SEC. 4. REPORTS.

    (a) Report on Program Implementation.--One year after the date of 
enactment of this Act, and every 3 years thereafter through fiscal year 
2011, the Secretary shall include a report on the Program in the annual 
budget documents for the Department of the Interior. The initial report 
submitted by the Secretary shall contain a Program plan developed with 
the concurrence of the Review Panel.
    (b) Report on High Plains Aquifer.--No later than four years after 
the date of enactment of this Act and upon completion of the Program in 
fiscal year 2011, the Secretary shall submit an interim and final 
report, respectively, to the Governors of the High Plains Aquifer 
States on the status of the High Plains Aquifer.

SEC. 5. 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.
            Amend the title so as to read: ``A bill to authorize the 
        Secretary of the Interior to Cooperate with the High Plains 
        Aquifer States in Conducting a Hydrogeologic Characterization, 
        Mapping, and Modeling Program for the High Plains Aquifer, and 
        for other purposes.''
                                 <all>




                                                        Calendar No. 36

108th CONGRESS

  1st Session

                                 S. 212

                          [Report No. 108-21]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 19, 2003

        Reported with an amendment and an amendment to the title