[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 214 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
December 6, 2006.
Resolved, That the bill from the Senate (S. 214) entitled ``An Act 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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Transboundary
Aquifer Assessment Act''.
SEC. 2. 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 systematically assess priority transboundary aquifers.
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) IBWC.--The term ``IBWC'' means the International
Boundary and Water Commission, an agency of the Department of
State.
(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) Participating state.--The term ``Participating State''
means each of the States of Arizona, New Mexico, and Texas.
(5) Priority transboundary aquifer.--The term ``priority
transboundary aquifer'' means a transboundary aquifer that has
been designated for study and analysis under the program.
(6) Program.--The term ``program'' means the United States-
Mexico transboundary aquifer assessment program established
under section 4(a).
(7) 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.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(9) Transboundary aquifer.--The term ``transboundary
aquifer'' means an aquifer that underlies the boundary between
a Participating State and Mexico.
(10) Tri-regional planning group.--The term ``Tri-Regional
Planning Group'' means the binational planning group comprised
of--
(A) the Junta Municipal de Agua y Saneamiento de
Ciudad Juarez;
(B) the El Paso Water Utilities Public Service
Board; and
(C) the Lower Rio Grande Water Users Organization.
(11) Water resources research institutes.--The term ``water
resources research institutes'' means the institutes within the
Participating 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 Participating States, the water resources research institutes,
Sandia National Laboratories, and other appropriate entities in the
United States and Mexico, and the IBWC, as appropriate, shall carry out
the United States-Mexico transboundary aquifer assessment program to
characterize, map, and model priority transboundary aquifers 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 identify and assess priority transboundary aquifers,
including--
(A) for purposes of subsection (c)(2), specifying
priority transboundary aquifers for further analysis by
assessing--
(i) the proximity of a proposed priority
transboundary aquifer to areas of high
population density;
(ii) the extent to which a proposed
priority transboundary aquifer would be used;
(iii) the susceptibility of a proposed
priority transboundary aquifer to
contamination; and
(iv) any other relevant criteria;
(B) evaluating all available data and publications
as part of the development of study plans for each
priority transboundary aquifer;
(C) creating a new, or enhancing an existing,
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--
(i) the additional data necessary to
adequately define aquifer characteristics; and
(ii) scientifically sound groundwater flow
models to assist with State and local water
management and administration, including
modeling of relevant groundwater and surface
water interactions;
(2) consider the expansion or modification of existing
agreements, as appropriate, between the United States
Geological Survey, the Participating 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 that--
(A) are capable of being broadly distributed; and
(B) 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 Priority Transboundary Aquifers.--
(1) In general.--For purposes of the program, the Secretary
shall designate as priority transboundary aquifers--
(A) the Hueco Bolson and Mesilla aquifers
underlying parts of Texas, New Mexico, and Mexico;
(B) the Santa Cruz River Valley aquifers underlying
Arizona and Sonora, Mexico; and
(C) the San Pedro aquifers underlying Arizona and
Sonora, Mexico.
(2) Additional aquifers.--The Secretary may, using the
criteria under subsection (b)(1)(A), evaluate and designate
additional priority transboundary aquifers which underlie New
Mexico or Texas.
(d) Cooperation With Mexico.--To ensure a comprehensive assessment
of priority 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 resources research institutes and other Participating State
entities to carry out the program.
SEC. 5. IMPLEMENTATION OF PROGRAM.
(a) Coordination With States, Tribes, and Other Entities.--The
Secretary shall coordinate the activities carried out under the program
with--
(1) the appropriate water resource agencies in the
Participating States;
(2) any affected Indian tribes;
(3) any other appropriate entities that are conducting
monitoring and metering activity with respect to a priority
transboundary aquifer; and
(4) the IBWC, as appropriate.
(b) New Activity.--After the date of enactment of this Act, the
Secretary shall not initiate any new field studies or analyses under
the program before consulting with, and coordinating the activity with,
any Participating State water resource agencies that have jurisdiction
over the aquifer.
(c) Study Plans; Cost Estimates.--
(1) In general.--The Secretary shall work closely with
appropriate Participating State water resource agencies, water
resources research institutes, and other relevant entities to
develop a study plan, timeline, and cost estimate for each
priority transboundary aquifer to be studied under the program.
(2) Requirements.--A study plan developed under paragraph
(1) shall, to the maximum extent practicable--
(A) integrate existing data collection and analyses
conducted with respect to the priority transboundary
aquifer;
(B) if applicable, improve and strengthen existing
groundwater flow models developed for the priority
transboundary aquifer; and
(C) be consistent with appropriate State guidelines
and goals.
SEC. 6. EFFECT.
(a) In General.--Nothing in this Act affects--
(1) the jurisdiction or responsibility of a Participating
State with respect to managing surface or groundwater resources
in the Participating State;
(2) the water rights of any person or entity using water
from a transboundary aquifer; or
(3) State water law, or an interstate compact or
international treaty governing water.
(b) Treaty.--Nothing in this Act shall delay or alter the
implementation or operation of any works constructed, modified,
acquired, or used within the territorial limits of the United States
relating to the waters governed by the Treaty Between the United States
and Mexico Regarding Utilization of Waters of the Colorado and Tijuana
Rivers and of the Rio Grande, Treaty Series 994 (59 Stat. 1219).
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 2016, the Secretary shall
submit to the appropriate water resource agency in the Participating
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 priority transboundary aquifers; and
(3) the level of participation in the program of entities
in Mexico.
SEC. 8. 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 2007 through
2016.
(b) Distribution of Funds.--Of the amounts made available under
subsection (a), 50 percent shall be made available to the water
resources research institutes to provide funding to appropriate
entities in the Participating States (including Sandia National
Laboratories, State agencies, universities, the Tri-Regional Planning
Group, and other relevant organizations) and to implement cooperative
agreements entered into with appropriate entities in Mexico to conduct
specific authorized activities in furtherance of the program, including
the binational collection and exchange of scientific data.
(c) Criteria.--Funding provided to an appropriate entity in Mexico
pursuant to subsection (b) shall be contingent on that entity providing
50 percent of the necessary resources (including in-kind services) to
further assist in carrying out the authorized activity.
SEC. 9. SUNSET OF AUTHORITY.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of enactment of this Act.
Attest:
Clerk.
109th CONGRESS
2d Session
S. 214
_______________________________________________________________________
AMENDMENT