[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[Senate]
[Pages S11830-S11831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER ASSESSMENT ACT

  Mr. FRIST. Mr. President, I ask unanimous consent that the Chair lay 
before the Senate a message from the House of Representatives to 
accompany 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.
  There being no objection, the Presiding Officer (Mr. Burr) laid 
before the Senate the following message from the House of 
Representatives:

                                 S. 214

       Resolved, That the bill from the Senate (S. 214) entitled 
     ``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'', do pass 
     with the following amendment:
       Strike out all after the enacting clause and insert:

     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--
       (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.

[[Page S11831]]

       (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 proposed 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.

  Mr. FRIST. I ask unanimous consent that the Senate agree to the 
amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________