[Congressional Record Volume 156, Number 40 (Thursday, March 18, 2010)]
[House]
[Pages H1613-H1616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INLAND EMPIRE PERCHLORATE GROUND WATER PLUME ASSESSMENT ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4252) to direct the Secretary of the Interior to conduct a 
study of water resources in the Rialto-Colton Basin in the State of 
California, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4252

       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 ``Inland Empire Perchlorate 
     Ground Water Plume Assessment Act of 2009''.

     SEC. 2. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES 
                   STUDY.

       (a) In General.--Not later than 2 years after funds are 
     made available to carry out this Act, the Secretary of the 
     Interior, acting through the Director of the United States 
     Geological Survey, shall complete a study of water resources 
     in the Rialto-Colton Basin in the State of California (in 
     this section referred to as the ``Basin''), including--
       (1) a survey of ground water resources in the Basin, 
     including an analysis of--
       (A) the delineation, either horizontally or vertically, of 
     the aquifers in the Basin, including the quantity of water in 
     the aquifers;
       (B) the availability of ground water resources for human 
     use;
       (C) the salinity of ground water resources;
       (D) the identification of a recent surge in perchlorate 
     concentrations in ground water, whether significant sources 
     are being flushed through the vadose zone, or if perchlorate 
     is being remobilized;
       (E) the identification of impacts and extents of all source 
     areas that contribute to the regional plume to be fully 
     characterized;
       (F) the potential of the ground water resources to 
     recharge;
       (G) the interaction between ground water and surface water;
       (H) the susceptibility of the aquifers to contamination, 
     including identifying the extent of commingling of plume 
     emanating within surrounding areas in San Bernardino County, 
     California; and
       (I) any other relevant criteria; and
       (2) a characterization of surface and bedrock geology of 
     the Basin, including the effect of the geology on ground 
     water yield and quality.
       (b) Coordination.--The Secretary shall carry out the study 
     in coordination with the State of California and any other 
     entities that the Secretary determines to be appropriate, 
     including other Federal agencies and institutions of higher 
     education.

[[Page H1614]]

       (c) Report.--Upon completion of the study, the Secretary 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes the results 
     of the study.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from California (Mr. McClintock) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which 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 Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, H.R. 4252, introduced by our colleague, 
Representative Joe Baca of California, would authorize the Secretary of 
the Interior, acting through the United States Geological Survey, to 
study the health and quality of the aquifers in the Rialto-Colton 
Basin. This includes a study of any perchlorate concentration plumes 
within an aquifer and its possible contamination of other nearby 
aquifers.

                              {time}  1445

  The ground water constitutes about 79 percent of the drinking water 
supply in the entire Inland Empire area of California, and it is, as 
such, critical to understand any threats posed by contamination to this 
supply.
  Mr. Speaker, I ask my colleagues to support passage of H.R. 4252.
  I reserve the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this well-intentioned bill tries to force the 
administration into making ground water cleanup in the Rialto-Colton 
Basin of California a priority. Everyone acknowledges that this bill is 
a restatement of current law, and that new funding is not authorized in 
this bill, but we all understand what the gentleman from California is 
trying to accomplish and, in the spirit of bipartisanship, Republicans 
supported his efforts in the Natural Resources Committee.
  But I need to point out that this bipartisan gesture continues to go 
unreciprocated. We've been trying in vain for months now to get the 
same kind of bipartisan cooperation to restore full water deliveries to 
the Central Valley of California. The valley's economy has been 
devastated by the diversion of 200 billion gallons of water in order to 
dump that water into the Pacific Ocean to serve the left's pet cause, 
the 3-inch Delta Smelt.
  Apologists for this policy argue that, well, it's the drought. Well, 
they ignore the fact that the drought we've had is a relatively minor 
one by historical standards, it appears to be over, and that in far 
more severe droughts in the past, far more water has reached the 
Central Valley. But that's before the environmental left took over our 
water policy and diverted 200 billion gallons of that water into the 
Pacific Ocean.
  It's unfortunate that the majority actually rewrote this bill 
specifically to keep us from offering amendments that would address the 
agony of the Central Valley.
  Time and again, the majority, using parliamentary gimmicks, has 
prevented any attempt to restore normal water deliveries to the San 
Joaquin Valley.
  By the Obama administration's own numbers, it spent about $1.5 
billion as part of the so-called ``stimulus'' in the Central Valley's 
six Congressional districts to save or create 1,600 jobs.
  Well, today Congress has the power to restore tens of thousands of 
jobs lost because of water diversions at no cost to taxpayers. This 
House is in possession of a bill to do just that, H.R. 3105, by my 
colleague, Congressman Nunes. But still it studiously avoids exercising 
that power because this administration and this majority in Congress 
have chosen fish over people.
  Farmers in the San Joaquin Valley are now faced with making planning 
decisions. Despite near record precipitation in the northern Sierra 
watershed--NOAA this week reported that precipitation is now 129 
percent of normal--the Department of the Interior has just announced 
Central Valley farmers will be guaranteed only 25 percent of their 
normal allocations. Let me repeat that so it sinks in. Precipitation is 
129 percent of normal; guaranteed water delivery is 25 percent of 
normal.
  Even Senator Feinstein tried to give the farmers a 40 percent water 
allocation, yet that effort has been opposed by the environmental left 
and its friends in Congress.
  Perchlorate contamination in the Inland Empire is the indirect result 
of Federal policy, and the Federal government has a responsibility to 
assist the people of the Inland Empire with cleanup. But the agony of 
California's Central Valley is the direct result of policies that 
Congress could change in this very bill. It's disappointing to me that 
the majority chooses not to do so. I think it makes a mockery of any 
claims of bipartisanship, although we once again extend that offer of 
bipartisanship by supporting this bill, and invite the majority to join 
us.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield to the gentleman from California 
(Mr. Baca) such time as he may consume.
  Mr. BACA. Mr. Speaker, I rise today in strong support of H.R. 4252, 
the Inland Empire Perchlorate Ground Water Plume Assessment Act to 
direct the Secretary of the Interior to conduct a study of water 
resources in the Rialto-Colton Basin in the State of California, and 
for other purposes.
  I would like to also thank Chairman Rahall and Ranking Member Doc 
Hastings, and my good friend, chairwoman from the Water and Power 
Subcommittee, Grace Napolitano, and the ranking member, my good friend 
from the State of California, Representative Tom McClintock, for their 
support of this legislation.
  And I want to thank Representative Bordallo from Guam for speaking in 
support of this much-needed legislation.
  I also want to take the time to thank my colleagues in the House of 
Representatives for their bipartisan support on an important bill, not 
only the Inland Empire, but it will also give us a study in terms of 
the effects it has on many cities too as well.
  In addition, I want to commend the city of Rialto and the Perchlorate 
Task Force, city Councilman Ed Scott and Rialto Mayor Pro Tem Joe Baca, 
Jr., for their hard work and dedication in protecting families.
  The city realizes that the water from over 20 wells was contaminated 
by perchlorate. I state, 20 wells were contaminated by Perchlorate. 
Perchlorate is a rocket fuel additive, an unstable organic compound 
that has been found to be harmful to humans because it interferes with 
the thyroid function. And you know when it interferes with the thyroid 
function it affects many women and others in that area.
  I'm very familiar with the water contamination. My family lives in 
the city of Rialto. My children, my friends and close neighbors know 
what it's like to live with water that is contaminated.
  When we first learned that our water was not safe to drink, we were 
all very much scared in terms of the water and the quality that came 
out and the neighbors and the people in that area. We wondered how long 
this water was bad. We worried about the damage caused by poor quality 
water. We were nervous because we drank the water, cooked with the 
water, bathed our children with the water.
  Therefore, I drafted this bill to make sure that other families and 
neighboring cities will not have to suffer or have that kind of fear.
  This bill is requesting that the plume in the Rialto-Colton basin is 
studied, and I state studied. Plumes are underground pockets of water, 
and some are pools of water. Some travel like underground rivers.

  In Rialto, the plume has perchlorate in it. We know that the water in 
this plume is moving. The contaminated water is traveling underground. 
We don't know how big it is or how fast the water is moving. We need to 
know more about the plume to permanently the fix the problem.
  The research established by the study in H.R. 4252 will guarantee 
that the problem will be identified. A study by the U.S. Geological 
Survey is not something done lightly. It is an intense research 
endeavor.

[[Page H1615]]

  As the Nation's largest water and earth and biological science and 
civilian mapping agency, the U.S. Geological Survey collects, monitors, 
analyzes and provides scientific understanding about the nature of the 
resource, the conditions, the issues, and the problems. The diversity 
of the scientific experts enables them to carry out large-scale 
investigations and provide impartial scientific information to resource 
managers, planners, and other customers.
  As an unbiased science organization that focuses on biology, 
geography, geology, and water, they are dedicated to the timely, 
relevant, impartial study of the landscape, our national resources, and 
the natural hazards that threaten us.
  The USGS study will reduce the perchlorate problems in my area that 
have caused heartaches, frustration, and fear. Fortunately, under the 
city council of Rialto's zero tolerance policy, the city does not blend 
any detectable level of perchlorate into the water system. They are all 
making sure that water is safe by conducting well-head treatment.
  But what about the cities that do not have the policies or the 
treatment facilities to clean their water? How will those people be 
affected? How will the children be affected--how will those be affected 
by it?
  We are very familiar with the wealth of water problems in California, 
as described by my colleague on that side, not only in the northern 
portion of California, where water is very much needed in that area. 
Apart from those problems, water contamination is one that can be 
prevented.
  I ask that all Members vote in support of this legislation, not 
because it is a California issue, but because it is a national issue 
that could impact anyone. It is a way to help correct a wrong and to 
prevent further problems.
  Commissioner Connor from the Department of the Interior stated that 
the directives in this bill are within the USGS's jurisdiction. The 
USGS has found that ground water constitutes about 79 percent of the 
drinking water supply in the entire Inland Empire. A study by the USGS 
is long overdue.
  We have learned that perchlorate contamination began in 1940 through 
the actions of the U.S. military and continued to 1960 through the work 
of U.S. defense contractors, and was made worse by fireworks companies.
  Some cities in the area discovered the high level of perchlorate 
contamination in drinking water in 1996. Since that time the USGS has 
not made the plume a priority. I state: It has not made the plume a 
priority.
  Water managers need to know the source, and the fate, and the 
transportation of perchlorate within the Rialto Colton Basin and the 
adjacent basin in order to effectively mitigate the contamination. That 
is why I drafted this bill. That's why I'm grateful that we are here 
today.
  In the administration's written statement regarding this legislation, 
they indicated that the citizens relying on water from the Rialto-
Colton Basin would have to compete with other administrative priorities 
for funding.
  The message you will be sending to USGS by voting in support of this 
study will be that families deserve clean drinking water throughout our 
country, and especially those areas like mine that are being affected. 
Families that rely on drinking water from the tap should not have to 
drink contaminated water, or wonder what's going to happen to their 
child or fear to give that water to their children or have to go out 
and purchase additional water to make sure that the thyroid does not 
affect that woman or that child or the individuals in that home.
  This is a national issue, and it's a basic right for our citizens and 
their families. When someone has contaminated the only source of 
drinking water for the community, this issue becomes a national issue.
  These families should not suffer from health problems associated with 
perchlorate. It is common knowledge that perchlorate affects the 
thyroid in our body. Women and infants are at greatest risk.
  I want to let you know the hardship faced by people living in the 
area and why this bill is important. The people are innocent victims. 
Others misused the land and left us with a legacy of contaminated 
water.
  The families in my area are living under a median household income of 
$41,254, very low for the State of California; and 17.4 percent of 
these citizens live below the poverty line. People in the area have had 
double-digit unemployment rates for many months. This area has ranked 
in the top five consistently for having the highest foreclosure rate. 
These families already shoulder too much of the cost associated with 
trying to find a solution.
  H.R. 4252 moves beyond finding those at fault. We need to know and 
fully appreciate the extent of the damage. We must do this to help 
isolate the problems and prevent other cities from suffering.
  The contamination plume is moving and many other areas will suffer. 
The hot spot for contamination is in Rialto, California, which has an 
area that in 2009 was designated as a Superfund site. That shows how 
bad the problem is because it is very difficult to obtain this 
designation.
  This Superfund designation will help take care of the hot spot. But 
what about the water traveling? What about the water traveling 
underground in the plume?

                              {time}  1500

  What about other cities that are impacted? What about my neighboring 
city and the City of Riverside? The contamination is spreading and no 
one knows exactly how much of the contamination is moving or where 
exactly it is going. The well-head treatment alone will not solve the 
problem because of the contamination in the ground.
  The Rialto-Colton basin has a plume that is contaminated by TCE, 
perchlorate, and other harmful chemicals. Without treatment, the water 
is dangerous. I fear for the communities that do not have well-head 
treatment facilities. The study will identify the extent of the damage 
underground.
  The bill does not violate PAYGO. I state the bill does not violate 
PAYGO requirements, but serves to notice and highlight that there is a 
plume in the Rialto-Colton basin that must be reviewed. We have an 
opportunity to be proactive. Your vote in support of this bill is 
proactive and will help families.
  Again, I want to thank Rialto City Council member Ed Scott for coming 
in September of 2009 to testify in support of H.R. 4252. He spoke not 
only for his residents in the city of 96,000 people, but also 
approximately 400,000 residents who reside in the neighboring cities 
that are affected by the chemicals which have polluted the Rialto-
Colton basin.
  I want to thank the Association of California Water Agencies for 
writing a letter in support of the legislation. What we learn from the 
study in H.R. 4252 will help other areas where there is the hardship of 
perchlorate. There are many States who have perchlorate issues. This 
study will help them be aware of what could be happening underground.
  I urge my colleagues to support H.R. 4252.
  Mr. McCLINTOCK. Mr. Speaker, I yield whatever time he may consume to 
my friend and colleague representing the Central Valley of California 
(Mr. Nunes).
  Mr. NUNES. Mr. Speaker, I want to make sure that we have a clear 
record of what has happened in the House of Representatives regarding 
what is now called H.R. 4252. This bill actually was originally called 
H.R. 2316, and it was marked up in the Resources Committee and then 
altered later. Now, why did that happen? It happened because the 
Democratic majority cares about clean drinking water for their 
constituents, but could care less about providing water to the San 
Joaquin Valley of California.
  So I really enjoy hearing people come down here and cry about how 
they have contaminated drinking water. And I would only say that there 
is one thing worse than contaminated drinking water, and that is having 
no water. What has really happened here is that the radical left and 
the radical environmental group has taken over the entire Democratic 
Party, so much so that they won't even allow free and fair and open 
debate on not only an easy California water bill, because they are 
afraid to have to actually consider any amendments, but they are also 
doing the same thing on the government takeover of health care bill, to

[[Page H1616]]

where they are going to try to deem a bill passed mysteriously.
  This is a terrible abuse of power. It is a terrible facade that is 
being put up saying that people need clean drinking water. I don't have 
a problem with people having clean drinking water. I think this is a 
noble bill, a noble cause. But you should not choose some constituents 
in California over an entire valley in California that has 3 million 
people and hundreds of thousands of acres of farmland that has been 
idled to the point where tens of thousands of farm workers have been 
thrown out of work because the Democrats in this body choose to do 
funny little things and change bills like this, change the numbers and 
think that the American people won't figure out the games that you guys 
continue to play on that side.
  The more that you play little games like this, the more that you play 
little tricks like this, the more that myself and other colleagues of 
mine will come down here and point out the hypocrisy of the Democrats 
in the majority.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Weiner). Members are reminded to direct 
their remarks to the Chair.
  Mr. McCLINTOCK. Mr. Speaker, in closing, I will simply appeal again 
to the majority, water might be controversial, but it needn't be 
partisan. We have done everything we can in good faith to support this 
bill for clean drinking water for Rialto and Colton. We would ask the 
majority again to reconsider its opposition to restoring the full water 
entitlement to the Central Valley. Again, there is something 
desperately wrong with our public policy when we are at 129 percent of 
normal in our Sierra precipitation and yet only 25 percent of the water 
deliveries to the Central Valley.
  With that final appeal for bipartisanship, I yield back the balance 
of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge members to support the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 4252.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________