[Congressional Record (Bound Edition), Volume 149 (2003), Part 7]
[Senate]
[Pages 8612-8614]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       HIGH PLAINS AQUIFER HYDRO-
          GEOLOGIC CHARACTERIZATION, MAPPING, AND MODELING ACT

  The Senate proceeded to consider the bill (S. 212) 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, 
which had been reported from the Committee on Energy and Natural 
Resources with an amendment to strike all after the enacting clause and 
inserting in lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 212

       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 ``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--

[[Page 8613]]

       [(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.
       [(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.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``High Plains Aquifer 
     Hydrogeologic Characterization, Mapping, and Modeling 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) 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.''
       (5) 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.
       (6) Review panel.--The term ``Review Panel'' means the 
     panel provided for by section 3(d).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. ESTABLISHMENT.

       (a) Program.--The Secretary, through the United States 
     Geological Survey, and in cooperation with the High Plains 
     Aquifer States, shall establish and carry out the High Plains 
     Aquifer Comprehensive Hydrogeologic Program, to characterize, 
     map, and model the High Plains Aquifer. The Program shall 
     undertake at the most detailed levels determined to be 
     appropriate on a state-by-state basis, characterization, 
     mapping and modeling of the hydrogeological configuration of 
     the High Plains Aquifer.
       (b) Objectives.--The objectives of the Program are to:
       (1) provide for the hydrogeologic characterization, mapping 
     and modeling of the High Plains Aquifer through a cooperative 
     partnership effort between the U.S. Geological Survey and the 
     High Plains Aquifer States;
       (2) coordinate Federal, State, and local data, maps, and 
     models into an integrated physical characterization of the 
     High Plains Aquifer;
       (3) support State and local activities with scientific and 
     technical specialists; and
       (4) undertake activities and provide technical capabilities 
     not available at the State and local levels as may be 
     requested by a Governor of a High Plains Aquifer State within 
     such state.
       (c) Requests From Governors.--The Governor of a High Plains 
     Aquifer State may submit a proposal to the Secretary 
     requesting the Secretary to undertake activities and provide 
     financial and technical capabilities not available at the 
     State and local levels to carry out the purposes of the 
     Program.
       (d) Review Panel.--Not later than six months after the date 
     of enactment of this Act, the Secretary shall establish a 
     Review Panel to: (1) evaluate the proposals submitted for 
     funding under subsection (f); and (2) review and coordinate 
     Program priorities. In performing its functions, the Review 
     Panel shall consult with the Association and the Council.
       (e) Composition and Support.--The Review Panel shall be 
     comprised of: (1) five representatives of the United States 
     Geological Survey, at least two of which shall be 
     hydrologists or hydrogeologists; and (2) one representative 
     who is knowledgeable regarding hydrogeologic data

[[Page 8614]]

     and information from each of the High Plains Aquifer States 
     that elects to participate in the Program. Each 
     representative of a High Plains Aquifer State shall be 
     recommended by the Governor of such State. The Secretary 
     shall provide technical and administrative support to the 
     Review Panel. Expenses for the Review Panel shall be paid 
     from Program funds other than those referred to in subsection 
     (f).
       (f) Funding.--Fifty percent of the funds appropriated to 
     carry out this Program shall be allocated equally by the 
     Secretary for the participation of State and local agencies 
     and institutions of higher education within each of the High 
     Plains Aquifer States that elects to participate in the 
     Program. Grants may be made by the Secretary from the funds 
     described in this subsection based on proposals that have 
     been recommended by the Governor and reviewed by the Review 
     Panel. Proposals for multistate activities must be 
     recommended by the Governors of all the affected States.

     SEC. 4. REPORTS.

       (a) Report on Program Implementation.--One year after the 
     date of enactment of this Act, and every 3 years thereafter 
     through fiscal year 2011, the Secretary shall include a 
     report on the Program in the annual budget documents for the 
     Department of the Interior. The initial report submitted by 
     the Secretary shall contain a Program plan developed with the 
     concurrence of the Review Panel.
       (b) Report on High Plains Aquifer.--No later than four 
     years after the date of enactment of this Act and upon 
     completion of the Program in fiscal year 2011, the Secretary 
     shall submit an interim and final report, respectively, to 
     the Governors of the High Plains Aquifer States on the status 
     of the High Plains Aquifer.

     SEC. 5. 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.
       Amend the title so as to read: ``A bill to authorize the 
     Secretary of the Interior to Cooperate with the High Plains 
     Aquifer States in Conducting a Hydrogeologic 
     Characterization, Mapping, and Modeling Program for the High 
     Plains Aquifer, and for other purposes.''

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 212), as amended, was read the third time and passed.

                          ____________________