[Congressional Record Volume 148, Number 101 (Tuesday, July 23, 2002)]
[Senate]
[Pages S7228-S7230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Domenici, and Mr. Brownback):
  S. 2773. A bill to authorize the Secretary of the Interior to 
cooperate with the High Plains Aquifer States in conducting a 
hydrogeologic characterization, mapping, modeling and monitoring 
program for the High Plains Aquifer and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce a bill that 
has significance for the entire Great Plains region of our Nation. The 
High Plains Aquifer, which is comprised in large part by the Ogallala 
Aquifer, extends under eight states: Colorado, Kansas, Nebraska, New 
Mexico, Oklahoma, South Dakota, Texas, and Wyoming. It is experiencing 
alarming declines in its water levels. This aquifer is the source of 
water for farmers and communities throughout the Great Plains region. 
The legislation I am introducing today is intended to ensure that sound 
and objective science is available with respect to the hydrology and 
geology of the High Plains Aquifer.
  This bill, the ``High Plains Aquifer Hydrogeologic Characterization, 
Mapping, Modeling and Monitoring Act,'' would direct the Secretary of 
the Interior to develop and carry out a comprehensive hydrogeologic 
characterization, mapping, modeling and monitoring program for the High 
Plains Aquifer. The Secretary is directed to work in conjunction with 
the eight High Plains Aquifer States in carrying out this program. The 
U.S. Geological Survey and the States will work in cooperation to 
further the goals of this program, with half of the available funds 
directed to the State component of the program.
  I have appreciated the input and assistance of many in the High 
Plains Aquifer States in putting this legislation together. Last 
session, I introduced two bills relating to the High Plains Aquifer. 
One of these bills, S. 1537 would have established a mapping and 
monitoring program for the High Plains Aquifer. The bill I am 
introducing today revises and refines that program based on input from 
several of the State geologists and water management agency officials 
who would be involved in implementing the program. Their assistance has 
been invaluable. As we conduct hearings on this legislation, I hope to 
receive further comment from them on the legislation, and I look 
forward to continuing to work with them as we proceed with this 
important legislation.

  The second bill that I introduced last session, S. 1538, proposed 
that the Secretary of Agriculture provide incentive payments through 
the Farm Program to producers who were willing to conserve water by 
converting to less water-intensive crops or to dryland farming. In 
addition, the bill would have provided assistance to producers to make 
their irrigation systems more water efficient. I am pleased that the 
recently-enacted Farm Security and Rural Investment Act of 2002 
establishes a ground and surface water conservation program which 
incorporates several of the concepts contained in S. 1538. It is to be 
funded in the amount of $25 million for fiscal year 2002, $45 million 
for fiscal year 2003, and $60 million for each of fiscal years 2004 
through 2007.
  The Conference Report for the 2002 Farm Bill makes clear that 
``highest priority'' is to be accorded the High Plains region in the 
funding and implementation of this program. I expect that the new 
program will yield substantial benefits to the High Plains region in 
addressing ground water depletion by providing cost-share payments, 
incentive payments, and loans to producers to improve irrigation 
systems, enhance irrigation efficiencies, convert to the production of 
less water-intensive crops or dryland farming, improve water storage 
through measures such as water banking and groundwater recharge, 
mitigate the effects of drought, and institute other measures as 
determined by the Secretary.
  A reliable source of groundwater is essential to the well-being and 
livelihoods of people in the Great Plains region. Local towns and rural 
areas are dependent on the use of groundwater for drinking water, 
ranching, farming, and other commercial uses. Yet many areas overlaying 
the Ogallala Aquifer have experienced a dramatic depletion of this 
groundwater resource. The problem we are confronting is that the 
aquifer is not sustainable, and it is being depleted rapidly. This 
threatens the way of life of all who live on the High Plains. The bill 
I am introducing today would help ensure that the relevant science 
needed to address this problem is available so that we will have a 
better understanding of the resources of the High Plains Aquifer. I ask 
that my colleagues join me in supporting this legislation.
  I ask unanimous consent that the text of the bill and the section-by-
section be printed in the Record.
  I also ask unanimous consent that a letter from the State Geologist 
of Kansas, written on behalf of the State geological surveys of the 
eight High Plains Aquifer States, endorsing the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2773

       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) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (3) 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).
       (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, title 
     ``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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) 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 the State 
     geological surveys and the water management agencies of the 
     High Plains Aquifer States, shall establish and carry out the 
     High Plains Aquifer Comprehensive Hydrogeolgoic 
     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 loss of 
     saturated thickness within the High Plains Aquifer. The 
     program shall also develop, as needed, regional data bases 
     and groundwater flow models.
       (b) Funding.--The Secretary shall make available fifty 
     percent of the funds available pursuant to this Act 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--

[[Page S7229]]

       (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.--The program shall include a State 
     component 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. Priorities under the 
     State component shall be based upon the recommendations of 
     State panels representing a broad range of users of 
     hydrogeologic data and information, which shall be appointed 
     by the Governor of the State or the Governor's designee.
       (2) Awards.--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 
     Act. 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. 
     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 recommendation by the Federal 
     Review Panel established under subsection (e). Proposals for 
     multi-state 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) 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 three months 
     after the date of enactment of this Act, the Secretary shall 
     appoint to the Federal Review Panel: (1) two representatives 
     of the Untied States Geological Survey, at least one of which 
     shall be a hydrologist or hydrogeologist; and (2) three 
     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 Western 
     States Water Council, so that there is representation of both 
     the State geological surveys and the State water management 
     agencies. Appointment to the Panel shall be for a term of 
     three 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) shall not use more 
     than eighteen percent of the Federal award amount for any 
     fiscal year for indirect, servicing, or program management 
     charges.

     SEC. 4. PLAN.

       The Secretary, acting through the Director, shall, with the 
     participation and review of the Association, the Western 
     States Water Council, the Federal Review Panel, and the State 
     panels, prepare a plan for the High Plains Aquifer 
     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 two 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.
       (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.
                                  ____


Section-by-Section High Plains Aquifer Hydrogeologic Characterization, 
                  Mapping, Modeling and Monitoring Act


                          Sec. 1. Short title

                          Sec. 2. Definitions

       Defines the High Plains Aquifer States as the States of 
     Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South 
     Dakota, Texas and Wyoming.


                         sec. 3. establishment

       (a) Program. Directs the Secretary of the Interior, working 
     through the U.S. Geological Survey, in cooperation with the 
     State geological surveys and the water management agencies of 
     the High Plains Aquifer States, to establish and carry out 
     the High Plains Aquifer Comprehensive Hydrogeologic 
     Characterization, Mapping, Modeling and Monitoring Program. 
     The program is to undertake on a county-by-county level or at 
     the most detailed level that is appropriate, mapping of the 
     hydrogeological configuration of the High Plains Aquifer and 
     analyses of several aspects of the hydrology and hydrogeology 
     of the Aquifer, as specified.
       (b) Funding. Requires the Secretary to make available fifty 
     percent of the funds available pursuant to the Act for use in 
     carrying out the State component of the program.
       (c) Federal Program Component.
       (1) Priorities. The program is to include a Federal 
     component, developed in consultation with the Federal Review 
     Panel, which shall have as priorities coordinating data, maps 
     and models into an integrated physical characterization of 
     the High Plains Aquifer, supporting State and local 
     activities with scientific and technical specialists, and 
     undertaking activities not available at State and local 
     levels.
       (2) Interdisciplinary Studies. The Federal component is to 
     include interdisciplinary studies.
       (d) State Program Component.
       (1) Priorities. The program is to include a State component 
     which shall have as priorities characterization, mapping, 
     modeling, and monitoring activities that will assist in 
     addressing issues relating to groundwater depletion and 
     resource assessment of the Aquifer. Priorities are to be 
     based on recommendations of State panels representing a broad 
     range of users of data and information, which shall be 
     appointed by the Governor of the State or the Governor's 
     designee.
       (2) Awards. Twenty percent of the funds available in the 
     State component shall be equally divided among the State 
     geological surveys of the High Plains Aquifer States. The 
     remaining amounts shall be competitively awarded by the 
     Director of the U.S. Geological Survey to State or local 
     agencies or entities in the High Plains Aquifer States for 
     proposals that have been recommended by the State panels, 
     subject to independent peer review, and given final 
     recommendation by the Federal Review Panel.
       (e) Federal Review Panel.
       (1) Establishment. Establishes a Federal Review Panel to 
     evaluate proposals submitted for funding under the State 
     component, to review and coordinate Federal component 
     priorities, Federal interdisciplinary studies, and State 
     component priorities.
       (2) Composition and Support. The Secretary of the Interior 
     is to appoint to the Federal Review Panel two representatives 
     of the U.S. Geological Survey (at least one of which shall be 
     a hydrologist or a hydrogeologist) and three representatives 
     of the geological surveys and water management agencies of 
     the High Plains Aquifer States from lists of nominees 
     provided by the Association of American State Geologists and 
     the Western States Water Council. There is to be 
     representation of both the State geological surveys and the 
     State water management agencies.
       (f) Limitation.
       The U.S. Geological Survey is not to use any of the Federal 
     funds made available for the State components to pay 
     indirect, servicing or program charges. Recipients of awards 
     granted under subsection (d)(2) shall not use more than 
     eighteen percent of the Federal award amount for indirect, 
     servicing, or program management charges.


                              sec. 4. Plan

       The Secretary, with the participation and review of the 
     Association of American State Geologists, the Western States 
     Water Council, the Federal Review Panel and the State panels, 
     is directed to prepare a plan for the program.


                     sec. 5. reporting requirements

       (a) Report on Program Implementation. The Secretary is to 
     submit a report one year after the date of enactment of this 
     Act and every two years thereafter, on the status of 
     implementation of the program to the Committee on Energy and 
     Natural Resources of the Senate, the Committee on Resources 
     of the House, and the Governors of the High Plains Aquifer 
     States.
       (b) Report on High Plains Aquifer. One year after the date 
     of enactment the Act and

[[Page S7230]]

     every year thereafter, the Secretary is to submit a report to 
     the Committee on Energy and Natural Resources of the Senate, 
     the Committee on Resources of the House, and the Governors of 
     the High Plains Aquifer States, on the status of the High 
     Plains Aquifer.
       (c) Role of Federal Review Panel. The Federal Review Panel 
     will be given an opportunity to review and comment on the 
     reports.


                sec. 6. authorization of appropriations

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the Act for fiscal years 2003 through 
     2011.
                                  ____

                                         Kansas Geological Survey,


                                       Office of the Director,

                                      Lawrence, KS, July 18, 2002.
     Hon. Jeff Bingaman,
     Hart Senate Office Building, Washington, DC.
       Dear Senator Bingaman: I am writing on behalf of the 
     geological surveys of the eight High Plains states to endorse 
     your proposed legislation. ``High Plains Aquifer 
     Hydrogeologic Characterization, Mapping, Modeling, and 
     Monitoring Act.''
       This act will authorize scientific and technical analyses 
     critical to extending and conserving the life of the nation's 
     single largest groundwater resource. It is particularly 
     noteworthy that the act is written to facilitate and ensure 
     cooperation and collaboration among all of the affected 
     geological surveys, state water agencies, and the local water 
     user communities.
       The High Plains aquifer is a complex system of geologic 
     materials that vary vertically and across the region in its 
     thickness, water storage and transport capacity, and ability 
     to be recharged. Eight state geological surveys and the U.S. 
     Geological Survey formed the High Plains Aquifer Coalition 
     two years ago to advance the understanding of the subsurface 
     distribution, character, and nature of the High Plains 
     Aquifer that comprises the geologic deposits in the eight-
     state Mid-continent region. The distribution, withdrawal, and 
     recharge of groundwater, and the interaction with surface 
     waters are profoundly affected by the geology and the natural 
     environment of the High Plains Aquifer in all eight states--
     New Mexico, Texas, Oklahoma, Colorado, Kansas, Nebraska, 
     South Dakota, and Wyoming. The geological surveys, in 
     consultation with the state and local water agencies and 
     groups, have agreed on the need for comprehensive 
     understanding of the subsurface configuration and 
     hydrogeology of the High Plains Aquifer. This information is 
     needed to provide state, regional, and national policymakers 
     with the earth-science information required to make informed 
     decisions regarding urban and agricultural land use, the 
     protection of aquifers and surface waters, and the 
     environmental well being of the citizens of this geologically 
     unique region.
       Water contained in the High Plains Aquifer must be 
     considered a finite resource and thus warrants a different 
     management approach than that used for more robust or readily 
     recharged aquifers. Your proposed legislation addresses this 
     issue in an effective and logical manner, and we believe it 
     will receive broad support.
       The ``High Plains Aquifer Characterization, Mapping, 
     Modeling, and Monitoring Act'' is a necessary first step in a 
     comprehensive program to adequately address issues of 
     conservation, education, and agricultural economics in the 
     High Plains Aquifer. We applaud your vision and leadership in 
     introducing this legislation.
           Sincerely,

                                               M. Lee Allison,

                                     State Geologist and Director,
        Kansas Geological Survey Coordinator, High Plains Aquifer 
                                                        Coalition.
                                 ______