[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[House]
[Pages H1858-H1861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TWENTY-FIRST CENTURY WATER COMMISSION ACT OF 2005
Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 135) to establish the ``Twenty-First Century Water
Commission'' to study and develop recommendations for a comprehensive
water strategy to address future water needs.
The Clerk read as follows:
H.R. 135
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 ``Twenty-First Century Water
Commission Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Nation's water resources will be under increasing
stress and pressure in the coming decades;
(2) a thorough assessment of technological and economic
advances that can be employed to increase water supplies or
otherwise meet water needs in every region of the country is
important and long overdue; and
(3) a comprehensive strategy to increase water availability
and ensure safe, adequate, reliable, and sustainable water
supplies is vital to the economic and environmental future of
the Nation.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
``Twenty-First Century Water Commission'' (in this Act
referred to as the ``Commission'').
SEC. 4. DUTIES.
The duties of the Commission shall be to--
(1) use existing water assessments and conduct such
additional assessments as may be necessary to project future
water supply and demand;
(2) study current water management programs of Federal,
Interstate, State, and local agencies, and private sector
entities directed at increasing water supplies and improving
the availability, reliability, and quality of freshwater
resources; and
(3) consult with representatives of such agencies and
entities to develop recommendations consistent with laws,
treaties, decrees, and interstate compacts for a
comprehensive water strategy which--
(A) respects the primary role of States in adjudicating,
administering, and regulating water rights and water uses;
(B) identifies incentives intended to ensure an adequate
and dependable supply of water to meet the needs of the
United States for the next 50 years;
(C) suggests strategies that avoid increased mandates on
State and local governments;
(D) eliminates duplication and conflict among Federal
governmental programs;
(E) considers all available technologies and other methods
to optimize water supply reliability, availability, and
quality, while safeguarding the environment;
(F) recommends means of capturing excess water and flood
water for conservation and use in the event of a drought;
(G) suggests financing options for comprehensive water
management projects and for appropriate public works
projects;
(H) suggests strategies to conserve existing water
supplies, including recommendations for repairing aging
infrastructure; and
(I) includes other objectives related to the effective
management of the water supply to ensure reliability,
availability, and quality, which the Commission shall
consider appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be
composed of 9 members who shall be appointed not later than
90 days after the date of enactment of this Act. Member shall
be appointed as follows:
(1) 5 members appointed by the President;
(2) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives; and
(3) 2 members appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the
Senate.
(b) Qualifications.--Members shall be appointed to the
Commission from among individuals who--
(1) are of recognized standing and distinction in water
policy issues; and
(2) while serving on the Commission, do not hold any other
position as an officer or employee of the United States,
except as a retired officer or retired civilian employee of
the United States.
(c) Other Considerations.--In appointing members of the
Commission, every effort shall be made to ensure that the
members represent a broad cross section of regional and
geographical perspectives in the United States.
(d) Chairperson.--The Chairperson of the Commission shall
be designated by the President.
(e) Terms.--Members of the Commission shall be appointed
not later than 90 days after the date of enactment of this
Act and shall serve for the life of the Commission.
(f) Vacancies.--A vacancy on the Commission shall not
affect its operation, and shall be filled in the same manner
as the original appointment provided under subsection (a).
(g) Compensation and Travel Expenses.--Members of the
Commission shall serve without compensation, except members
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57, United States Code.
SEC. 6. MEETINGS AND QUORUM.
(a) Meetings.--The Commission shall hold its first meeting
not later than 60 days after the date on which all members
have been appointed under section 5, and shall hold
additional meetings at the call of the Chairperson or a
majority of its members.
(b) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
SEC. 7. DIRECTOR AND STAFF.
A Director shall be appointed by the Speaker of the House
of Representatives and the Majority Leader of the Senate, in
consultation with the Minority Leader and chairmen of the
Resources and Transportation and Infrastructure Committees of
the House of Representatives, and the Minority Leader and
chairmen of the Energy and Natural Resources and Environment
and Public Works Committees of the Senate. The Director and
any staff reporting to the Director shall be paid a rate of
pay not to exceed the maximum rate of basic pay for GS-15 of
the General Schedule.
SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold no fewer than 10
hearings during the life of the Commission. Hearings may be
held in conjunction with meetings of the Commission. The
Commission may take such testimony and receive such evidence
as the Commission considers appropriate to carry out this
Act. At least 1 hearing shall be held in Washington, D.C.,
for the purpose of taking testimony of representatives of
Federal agencies, national organizations, and Members of
Congress. Other hearings shall be
[[Page H1859]]
scheduled in distinct geographical regions of the United
States and should seek to ensure testimony from individuals
with a diversity of experiences, including those who work on
water issues at all levels of government and in the private
sector.
(b) Information and Support From Federal Agencies.--Upon
request of the Commission, any Federal agency shall--
(1) provide to the Commission, within 30 days of its
request, such information as the Commission considers
necessary to carry out the provisions of this Act; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out the provisions of this Act, in
accordance with section 5(b)(5), Appendix, title 5, United
States Code.
SEC. 9. REPORTS.
(a) Interim Reports.--Not later than 6 months after the
date of the first meeting of the Commission, and every 6
months thereafter, the Commission shall transmit an interim
report containing a detailed summary of its progress,
including meetings and hearings conducted in the interim
period, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
(b) Final Report.--As soon as practicable, but not later
than 3 years after the date of the first meeting of the
Commission, the Commission shall transmit a final report
containing a detailed statement of the findings and
conclusions of the Commission, and recommendations for
legislation and other policies to implement such findings and
conclusions, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
SEC. 10. TERMINATION.
The Commission shall terminate not later than 30 days
after the date on which the Commission transmits a final
report under section 9(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $9,000,000 to
carry out this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Duncan) and the gentlewoman from California (Mrs.
Napolitano) each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
General Leave
Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 135, the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
H.R. 135, introduced be my good friend, the distinguished gentleman
from Georgia (Mr. Linder), and cosponsored by a wide range of Members
from both parties, creates the 21st Century Water Commission to find
ways to increase and conserve water supplies. The gentleman from
Georgia and his colleagues have properly recognized that water
shortages are a common problem throughout the United States.
The goal of this legislation is for a broad-based commission to
recommend a comprehensive water strategy that recognizes and upholds
the primary role of the States in administering our water laws. The
commissioners, appointed by the President and the Congress, would look
at ways to improve interagency coordination, eliminate government
duplication, create new financing opportunities and improve our
Nation's water infrastructure, among other things, all very important
goals.
The commission is directed to hold no less than 10 public hearings
around the Nation and submit a final report no later than 3 years after
its first meeting so that this commission will not drag on forever. The
legislation sunsets the commission within 30 days of the final report's
submission.
Madam Speaker, there is, and should be, a limited Federal role in
these matters since States and localities primarily administer water
rights and know the most about them. This bill does not add Federal
regulation to the books. It simply creates a mechanism for further
dialogue and potential solutions for all levels of government.
This idea has come a long way since it was originally introduced over
two Congresses ago. It has been subject to hearings and comprehensively
vetted through both the Committee on Resources and the Committee on
Transportation and Infrastructure, both of which I have the privilege
to serve on.
In fact, last Congress I held a series of hearings on water supply
issues, including a hearing on this legislation. The witnesses who
testified before my Subcommittee on Water Resources and Environment
strongly supported greater planning to meet future water needs,
involving all levels of government, and supported the 21st Century
Water Commission Act as a means to help start that process.
It, like the identical bill passed by the House in the 108th
Congress, is the right solution for the right time. It respects the
primary role that States play in addressing water resources issues.
{time} 1415
I urge my colleagues to adopt this bipartisan bill.
Madam Speaker, I reserve the balance of my time.
Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may
consume.
(Mrs. NAPOLITANO asked and was given permission to revise and extend
her remarks.)
Mrs. NAPOLITANO. Madam Speaker, I rise in support of H.R. 135. This
legislation, as explained by my colleague, would establish the 21st
Century Water Policy Commission to study Federal, State, local and
private water management programs in order to develop recommendations
for a comprehensive national water strategy.
The objectives of H.R. 135 are not only worthwhile but a necessity
for the country, and we appreciation the cooperation we have received
from the sponsor of the bill. I urge my colleagues to support the
legislation.
Madam Speaker, I yield back the balance of my time.
Mr. DUNCAN. Madam Speaker, I yield such time as he may consume to the
gentleman from Georgia (Mr. Linder), probably the Member of this body
who was the first to recognize the grave importance of water issues in
this Nation, the distinguished primary sponsor of this bill. I commend
the gentleman for his steadfast and yeoman's work on this legislation,
and it should be noted that one of our leading national newspapers just
a few years ago wrote a series of articles saying that water would be
the oil of the 21st century.
Mr. LINDER. Madam Speaker, as the bill's sponsor, I rise to support
H.R. 135, the 21st Century Water Commission Act. H.R. 135 will bring
together our Nation's premier water experts to recommend strategies for
meeting our water challenges in the 21st century.
I would like to thank several Members who have worked with me to
bring this proposal to the floor today. First, the gentleman from
California (Mr. Pombo), chairman of the Committee on Resources; the
gentleman from California (Mr. Radanovich), chairman of the
Subcommittee on Water and Power; the gentleman from Alaska (Mr. Young),
chairman of the Committee on Transportation and Infrastructure; and the
gentleman from Tennessee (Mr. Duncan), chairman of the Subcommittee on
Water Resources and Environment.
I thank the gentleman from Florida (Mr. Keller), the former chairman
of the subcommittee and the ranking member, and the gentlewoman from
California (Mrs. Napolitano), who worked so hard in getting this bill
to the floor in the past Congress.
H.R. 135 was approved in the 108th Congress by a voice vote on
November 21, 2003. Unfortunately, the Senate failed to act on the
legislation before the Congress adjourned. Creating a comprehensive
water policy to meet the needs of the 21st century is a matter of human
survival and quality of life for the United States. I am excited about
continuing to move this bill through the legislative process early in
this Congress.
Water-related issues have been of interest to me for many years. I
wrote an article in 1978 that predicted that one of the two major
challenges for our country during the next century would be providing
enough fresh water for a growing population.
[[Page H1860]]
Since that time, about 25 years ago, America still does not have an
integrated or comprehensive water policy, even with the hundreds of
thousands of Federal, State, local and private sector employees working
to solve water problems. The difficulty is that there is little
communication and coordination among these experts. If we wait another
10 or 20 years to get serious about meeting the demand for clean water,
it will be too late. We must act now to meet these challenges.
As my colleagues are aware, many States across the Nation are
currently facing a water crisis or have in the last few years. Once
thought to be a problem only in the arid West, severe droughts a few
years ago caused water shortages up and down the East Coast. States
once accustomed to unlimited access to water realized they were not
immune to the problems that the West has experienced for decades.
In addition to drought, aquifers are being challenged by salt water
intrusion, crops are being threatened, and our aging water pipes leak
billions of gallons of freshwater in cities all over the Nation. For
example, New York City loses 36 million gallons per day, Philadelphia
loses 85 million gallons per day through leaky pipes.
Let me be clear about one thing. My bill does not give the Federal
Government more direct authority or control over water. Rather, this
Commission will make recommendations about how we can both coordinate
water management issues on all levels so that localities, States, and
the Federal Government can work together to enact a comprehensive water
policy to avoid future shortages.
The 21st Century Water Commission would be an advisory body, and its
recommendations would be nonbinding.
Some of the highlights are these: The Commission will look for ways
to ensure fresh water for the next 50 years. The Commission will be
composed of nine members appointed by the President and key leaders in
the House and Senate. The Commission will look for ways to eliminate
duplication and conflict among Federal agencies and will consider new
and all available technologies to optimize water supply reliability.
The Commission will hold hearings in distinct geographical regions of
the United States and in Washington, D.C., to seek a diversity of
views, comments and inputs. Not later than 6 months after the first
meeting and every 6 months thereafter, the Commission will transmit an
interim report to the Congress and to the President.
A final report will be due within 3 years of the Commission's
inception. The report will include a detailed statement of findings and
conclusions of the Commission, as well as recommendations for
legislation and other policies.
The United States cannot afford to reevaluate its water policies
every time a crisis hits. Now is the time to get ahead of the issue,
and I believe the Commission can serve as a channel for sharing the
successful strategies and ideas that will allow us to do so. I ask my
colleagues to join me in voting for H.R. 135.
Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
Mrs. NAPOLITANO. Madam Speaker, will the gentleman yield?
Mr. DUNCAN. I yield to the gentlewoman from California.
Mrs. NAPOLITANO. Madam Speaker, I could not agree more with the
intent of the bill. I certainly hope it takes less than the 12 years it
took to do the Southern California Water Study. We do have a time frame
for this to happen. It is critical for us to recognize that all areas
of our country have water needs, and we need to consolidate how we
address them and be together with the suppliers so we can move ahead
with a comprehensive plan.
Mr. DUNCAN. Madam Speaker, let me just close by saying that although
this bill is not controversial and has not received a lot of publicity,
that should not denigrate its significance. Because of our aging clean
water infrastructure, because of water supply problems in many parts of
this Nation, and for all of the other reasons that our colleague, the
gentleman from Georgia (Mr. Linder), just mentioned, this is a very
important bill. I urge all of my colleagues to support it.
Madam Speaker, I submit the following exchange of letters on H.R. 135
for the Record.
House of Representatives,
Committee on Resources,
Washington, DC, April 5, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Mr. Chairman: I request your assistance in scheduling
H.R. 135, the Twenty-First Century Water Commission Act of
2005, for consideration by the House of Representatives. This
bill was referred primarily to the Committee on resources and
additionally to your committee.
As the text of this bill is identical to what passed the
House of Representatives under suspension of the rules last
Congress, I ask that you allow your committee to be
discharged from further consideration of the bill to allow us
to pass it again. Perhaps with more time, the Senate will be
able to give it due consideration.
By allowing the Transportation and Infrastructure Committee
to be discharged, you are not waiving any jurisdiction you
may have over the bill. I also agree that in the unlikely
event that this bill becomes the focus of a conference
committee that I will support your request to be represented
on that conference. Finally, I agree that this discharge will
not serve as precedent for future referrals.
Thank you for your consideration of my request. I look
forward to another Congress of extraordinary cooperation
between our committees on matters of mutual interest.
Sincerely,
Richard W. Pombo,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, April 5, 2005.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the
jurisdictional interest of the Transportation and
Infrastructure Committee in matters being considered in H.R.
135, the Twenty-First Century Water Commission Act of 2005.
As you know, this legislation was also referred to the
Transportation Committee.
Our Committee recognizes the importance of H.R. 135 and the
need for the legislation to move expeditiously to the House
floor. Therefore, I am willing to have the Transportation
Committee discharged from consideration of the bill. I would
appreciate it if you would include a copy of this letter and
your response in the Congressional Record.
The Committee on Transportation and Infrastructure also
asks that you support our request to be conferees on the
provisions over which we have jurisdiction during any House-
Senate conference.
Thank you for your cooperation in this matter.
Sincerely,
Don Young,
Chairman.
Mr. OBERSTAR. Madam Speaker, I rise today in support of H.R. 135, a
bill to establish a commission to examine the issue of clean, safe, and
reliable water supplies for this generation and for generations to
come.
Madam Speaker, water may well be the most precious resource on Earth.
The existence of water set the stage for the evolution of life and is
an essential ingredient of all life today.
Recognizing the importance of this vital resource, the United Nations
designated 2003 as the ``International Year of Freshwater.'' According
to the U.N., throughout the world roughly one person in six lives
without regular access to safe drinking water, and over twice that
number--or 2.4 billion--lack access to adequate sanitation. In
addition, water-related diseases kill a child every eight seconds.
In the United States, we have avoided many of these concerns through
careful planning and decades of investment in our water infrastructure.
Nationally, a combination of Federal, state, and local funds have built
16,024 wastewater treatment facilities that provide service to 190
million people, or 73 percent of the total population.
In addition, 268 million people in the United States--or 92 percent
of the total population--are currently served by public drinking water
systems, which provide a safe and reliable source of drinking water for
much of the nation.
As I noted earlier, clean, safe, and reliable sources of water are
critical to this nation's health and livelihood. However, in the past
few decades, a series of natural events, as well as, human-induced
events have demonstrated that our nation remains vulnerable to
shortages of water.
In my own State, we have experienced shortages of snowfall and rain
which have had an adverse impact on local water supplies, agriculture,
and recreation and tourism, and have contributed to historically low
water levels in the Great Lakes. One thing is certain: no area of this
country is immune to the threat of diminished water supplies. We must
be vigilant in preparing for such occurrences.
[[Page H1861]]
This bill is a part of the debate on the very important issue of
water resource planning in this country. The gentleman from Georgia,
Mr. Linder, has taken an important step in encouraging this debate,
calling for the creation of a Federal commission to examine issues
related to national water resource planning, and to report its findings
on potential ways to insure against large-scale water shortages in the
future.
While I believe that the legislation introduced by our colleague is a
good starting point, we must be sure to examine fully all of the
relevant issues for ensuring adequate supplies of clean and safe water
to meet current and future needs.
For example, water resource planning should work toward increasing
the efficiency of water consumption as well as increasing the supply of
water. Simply increasing the supply of water can be a more costly
approach to meeting future water needs, and in any case, merely
postpones any potential water resource crisis.
In addition, it is important to remember that issues of water supply
are closely related to water quality. Contaminated sources of
freshwater are of little use to the Nation's health or livelihood;
removing contaminants drives up the overall cost of providing safe and
reliable water resources to our people.
In addition, human activities, whether through the pollution of
waterbodies from point or non-point sources, the elimination of natural
filtration abilities of wetlands, or through the destruction and
elimination of aquifer recharge points, can have a significant impact
on available supplies of usable water.
We cannot base our future water resource planning needs on the
possibility of finding ``new'' sources of freshwater while, at the same
time, tolerating practices that destroy or contaminate existing
sources. All the water there ever was or ever will be on this planet is
with us now; we must spare no effort to be vigilant and careful
stewards of that water.
I urge my colleagues to support the bill.
Mr. DUNCAN. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Miller of Michigan). The question is on
the motion offered by the gentleman from Tennessee (Mr. Duncan) that
the House suspend the rules and pass the bill, H.R. 135.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. DUNCAN. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________