[Congressional Record Volume 149, Number 12 (Thursday, January 23, 2003)]
[Senate]
[Pages S1487-S1489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Brownback, and Mr. Domenici):
  S. 212. 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; 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. It 
will establish a program for the hydrogeologic characterization, 
mapping, modeling and monitoring of the High Plains Aquifer, which 
extends from Wyoming to New Mexico and Texas. This legislation was the 
subject of a hearing last Congress before the Water and Power 
Subcommittee of the Senate Energy and Natural Resources Committee. It 
is the same as legislation that was unanimously agreed to by the full 
Senate last year. I am pleased to be joined by Senators Brownback and 
Domenici in introducing this bill.
  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.
  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 overlying 
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

[[Page S1488]]

the High Plains Aquifer. I ask that my colleagues join me in once again 
supporting this bill.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection the bill was ordered to be printed in the 
Record, as follows:

                                 S. 212

       Be it enacted by the Senate and the 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.

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       (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 .
                                 ______