[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[House]
[Pages H8853-H8855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES-MEXICO TRANS-
BOUNDARY AQUIFER ASSESSMENT ACT
Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 214) 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, as amended.
The Clerk read as follows:
S. 214
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 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--
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(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 propossed 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
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Virginia (Mrs. Drake) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentlewoman from Virginia.
General Leave
Mrs. DRAKE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Virginia?
There was no objection.
Mrs. DRAKE. Mr. Speaker, I yield myself such time as I may consume.
S. 214, introduced by Senator Bingaman and supported by our Arizona
colleague Congressman Jim Kolbe, authorizes the Secretary of the
Interior to cooperate on a study on the Mexican border of transboundary
aquifers.
As the population in this arid region continues to grow, the
importance of water cannot be overstated. This legislation will help
provide the scientific foundation necessary for Federal, State, and
local officials to address pressing water resource challenges. This
includes researching, mapping, and modeling of these aquifers along our
shared border. Because these aquifers do not recognize international
borders, it is essential that any research involve the cooperation and
participation of both countries. I urge my colleagues to support this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker I yield myself such time as I may
consume.
Mr. Speaker, the majority has already explained this bill. I would
simply note that we share more than a long border with our neighbors in
Mexico. We also share very scarce surface water and groundwater
supplies. Rapidly growing cities along the border need to understand
these water supplies so that they can make decisions about how best to
use them now and to preserve them for the future. We strongly support
the adoption of S. 214.
Mr. Speaker, I yield back the balance of my time.
Mrs. DRAKE. Mr. Speaker, I have no additional speakers, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Virginia (Mrs. Drake) that the House suspend the rules
and pass the Senate bill, S. 214, as amended.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill, as amended, was passed.
A motion to reconsider was laid on the table.
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