[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 214 Referred in House (RFH)]
109th CONGRESS
1st Session
S. 214
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2005
Referred to the Committee on Resources
_______________________________________________________________________
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.
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. 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 Agua 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;
(III) the susceptibility of the
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) 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 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 shall, using the
criteria under subsection (b)(1)(A)(ii), evaluate and designate
additional 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 resources research institutes and other Border 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 Border
States;
(2) any affected Indian tribes; and
(3) any other appropriate entities that are conducting
monitoring and metering activity with respect to a priority
transboundary aquifer.
(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 Border 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 Border 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.
Nothing in this Act affects--
(1) the jurisdiction or responsibility of a Border State
with respect to managing surface or groundwater resources in
the Border State; or
(2) the water rights of any person or entity using water
from a transboundary aquifer.
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.
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 2006 through
2015.
(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 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.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.