[House Report 106-545]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-545
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SAN GABRIEL BASIN WATER QUALITY INITIATIVE
_______
March 23, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 910]
[Including cost estimates of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 910) to authorize the Secretary of
the Army, acting through the Chief of Engineers and in
coordination with other Federal agency heads, to participate in
the funding and implementation of a balanced, long-term
solution to the problems of groundwater contamination, water
supply, and reliability affecting the San Gabriel groundwater
basin in California, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Gabriel Basin Water Quality
Initiative''.
SEC. 2. SAN GABRIEL BASIN RESTORATION.
(a) San Gabriel Basin Restoration.--
(1) Establishment of fund.--There shall be established within
the Treasury of the United States an interest bearing account
to be known as the San Gabriel Basin Restoration Fund (in this
section referred to as the ``Restoration Fund'').
(2) Administration of fund.--The Restoration Fund shall be
administered by the Secretary of the Army, acting through the
Chief of Engineers (in this Act referred to as the
``Secretary''). The Secretary shall administer the Fund in
cooperation with the San Gabriel Basin Water Quality Authority,
or its successor agency.
(3) Purposes of fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Restoration Fund, including interest
accrued, shall be utilized by the Secretary--
(i) to design and construct water quality
projects to be administered by the San Gabriel
Basin Water Quality Authority and the Central
Basin Water Quality Project to be administered
by the Central Basin Municipal Water District;
and
(ii) to operate and maintain any project
constructed under this section for such period
as the Secretary determines, but not to exceed
10 years, following the initial date of
operation of the project.
(B) Cost-sharing limitation.--The Secretary may not
obligate any funds appropriated to the Restoration Fund
in a fiscal year until the Secretary has deposited in
the Fund an amount provided by non-Federal interests
sufficient to ensure that at least 35 percent of any
funds obligated by the Secretary are from funds
provided to the Secretary by the non-Federal interests.
The San Gabriel Basin Water Quality Authority shall be
responsible for providing the non-Federal amount
required by the preceding sentence. The State of
California, local government agencies, and private
entities may provide all or any portion of such amount.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section shall
be construed to affect other Federal or State authorities that are
being used or may be used to facilitate the cleanup and protection of
the San Gabriel and Central groundwater basins. In carrying out the
activities described in this section, the Secretary shall integrate
such activities with ongoing Federal and State projects and activities.
None of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$85,000,000. Such funds shall remain available until expended.
(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $10,000,000 shall be available to carry out
the Central Basin Water Quality Project.
SEC. 3. PERCHLORATE.
(a) In General.--The Secretary, in cooperation with Federal, State,
and local government agencies, is authorized to participate in studies
and other investigative activities and in the planning and design of
projects determined by the Secretary to offer a long-term solution to
the problem of groundwater contamination caused by perchlorates.
(b) Investigations and Projects.--
(1) Bosque and leon rivers.--The Secretary, in coordination
with other Federal agencies and the Brazos River Authority,
shall participate under subsection (a) in investigations and
projects in the Bosque and Leon River watersheds in Texas to
assess the impact of the perchlorate associated with the former
Naval ``Weapons Industrial Reserve Plant'' at McGregor, Texas.
(2) Caddo lake.--The Secretary, in coordination with other
Federal agencies and the Northeast Texas Municipal Water
District, shall participate under subsection (a) in
investigations and projects relating to perchlorate
contamination in Caddo Lake, Texas.
(3) Eastern santa clara basin.--The Secretary, in
coordination with other Federal, State, and local government
agencies, shall participate under subsection (a) in
investigations and projects related to sites that are sources
of perchlorates and that are located in the city of Santa
Clarita, California.
(c) Authorization of Appropriations.--For the purposes of carrying
out the activities authorized in this section, there is authorized to
be appropriated to the Secretary $25,000,000, of which not to exceed
$8,000,000 shall be available to carry out subsection (b)(1), not to
exceed $3,000,000 shall be available to carry out subsection (b)(2),
and not to exceed $7,000,000 shall be available to carry out subsection
(b)(3).
Summary and Purpose
H.R. 910, the ``San Gabriel Basin Water Quality
Initiative,'' authorizes the Secretary of the Army, acting
through the Corps of Engineers, to participate in the funding
and implementation of a balanced, long-term solution to the
problems of groundwater contamination and water supply
affecting the San Gabriel groundwater basin in California. The
bill also authorizes the Corps to participate in the Central
Basin Water Quality Project, and authorizes $25,000,000 for
research into solutions to groundwater contamination caused by
perchlorate.
Background and Need for Legislation
The San Gabriel Basin covers more than 160 square miles in
an area east of Los Angeles. The aquifer underlying the basin
is the principal source of drinking water for approximately 1.4
million people. In 1997, perchlorate, a chemical used in the
production of solid rocket fuel, was first discovered in the
groundwater. In high doses, perchlorate has been linked to
thyroid disorders. This discovery has complicated the
development of cleanup plans and has increased concerns over
maintaining an adequate water supply for the San Gabriel
Valley.
In 1984, the Environmental Protection Agency (EPA) added
four areas of San Gabriel Valley to the list of national
priority sites under Superfund. In 1992, the California State
Legislature created the San Gabriel Water Quality Authority
(WQA) to work with water producers, as well as affected parties
and agencies, to coordinate groundwater cleanup projects in the
San Gabriel Valley. To date, the WQA funded over $28 million
worth of projects. Most of the projects funded through the WQA
constitute ``early actions,'' taken in advance of EPA remedial
activities.
Recently, local officials discovered that groundwater
contamination has spread from the San Gabriel Basin into the
Central Basin, a 277 square mile aquifer that provides drinking
water for over half of Los Angeles County. The rate of
spreading varies. In some places it appears to be moving as
fast as several miles per year. This discovery has caused the
local officials to try to accelerate the development and
financing of treatment projects far head of EPA's timeline.
The bill addresses the contamination of the San Gabriel and
Central Basin aquifers by establishing a ``San Gabriel Basin
Restoration Fund'' in the U.S. Treasury. This Fund would be
administered by the Secretary of the Army, and would be
authorized to receive contributions from the State of
California, local government agencies, and private entities.
The bill authorizes the appropriation of $85,000,000 to the
Restoration Fund for use by the Corps of Engineers to design
and construct water quality projects administered by the San
Gabriel Basin Water Quality Authority, as well as operate and
maintain such projects for a period not to exceed 10 years. In
addition, up to $10,000,000 of that amount may be used by the
Corps for the Central Basin Water Quality Project.
Because the Committee recognizes that the problem of
perchlorate contamination is not limited to the San Gabriel
region, the bill authorizes $25,000,000 for investigations
across the country into solutions to groundwater contamination
caused by perchlorate.
Discussion of committee bill and section-by-section analysis
Section 1. Short title
Provides that the Act may be cited as the ``San Gabriel
Basin Water Quality Initiative.''
Section 2. San Gabriel Basin Restoration
(a) San Gabriel Basin Restoration.--Establishes within the
U.S. Treasury an interest bearing account known as the ``San
Gabriel Basin Restoration Fund.'' The Fund is to be
administered by the Secretary of the Army, acting through the
Chief of Engineers, in cooperation with the San Gabriel Basin
Water Quality Authority. The Secretary is authorized to use the
Fund to design and construct water quality projects in the San
Gabriel Basin to be administered by the San Gabriel Basin Water
Quality Authority and the Central Basin Water Quality Project
to be administered by the Central Basin Municipal Water
District. The Secretary also is authorized to operate and
maintain such projects for up to 10 years.
Local sponsors are required to fund at least 35 percent of
the cost of these projects. Accordingly, the Secretary may not
obligate any funds appropriated to the Restoration Fund until
the Secretary deposits funds provided by non-federal interests
sufficient to ensure that at least 35 percent of any funds
obligated by the Secretary are from funds provided by non-
federal interests. The San Gabriel Basin Water Quality
Authority is the non-federal sponsor responsible for
transmitting the non-federal share to the Secretary for deposit
in the Fund. However, the San Gabriel Basin Water Quality
Authority may collect contributions to such non-federal monies
from the State of California, other local government entities,
and private entities. Based on the emergency nature of the
spread of contamination from the San Gabriel Basin into the
Central Basin, if the Secretary determines that prior
expenditures by non-federal entities are integral to and
compatible with projects authorized under this Act, the
Secretary may credit the Water Quality Authority with the value
of such prior expenditures, as determined by the Secretary.
(b) Compliance with Applicable Law.--Requires the Secretary
to comply with applicable Federal and state laws.
(c) Relationship to Other Activities.--Provides that
nothing in this section shall be construed to affect other
Federal or state authorities that are being used or may be used
to facilitate the cleanup and protection of the San Gabriel and
Central groundwater basins.
The Committee is aware that four areas of the San Gabriel
Valley have been listed on the Superfund National Priorities
List and these areas have been divided into eight ``operable
units'' or individual projects: Alhambra, Richmond, Suburban,
Baldwin Park, El Monte, South El Monte, Puente Valley, and
Whittier Narrows. The bill requires the Secretary to integrate
its activities with ongoing federal and state projects and
activities. The Committee expects the Secretary to coordinate
with EPA so that the Secretary's activities complement remedial
activities selected by EPA.
The San Gabriel Basin Water Quality Authority has already
received some federal funds from the Bureau of Reclamation
under the 1992 ``Reclamation Wastewater and Groundwater Study
and Facilities Act'' for projects to improve water quality. The
total federal share of the cost of projects under that Act may
not exceed $20,000,000. H.R. 910 specifies that the amounts
authorized to be appropriated to the Restoration Fund shall not
be counted against that authorization ceiling.
Nothing in H.R. 910 limits the authority of the United
States under any other federal statute to pursue remedial
actions and, where appropriate, to recover its costs from
responsible parties, including the costs of work performed
under this Act.
(d) Authorization of Appropriations.--Authorizes
$85,000,000 to be appropriated to the Restoration Fund. Of such
amounts, up to $10,000,000 shall be available to carry out the
Central Basin Water Quality Project.
Section 3. Perchlorate
(a) In General.--Authorizes the Secretary, in cooperation
with Federal, state, and local government agencies, to
participate in studies and other investigative activities and
in the planning and design of projects that may offer a long-
term solution to the problem of perchlorate groundwater
contamination.
(b) Investigations and Projects.--Requires the Secretary to
participate in perchlorate contamination investigations and
projects in the Bosque and Leon River Watersheds in Texas; in
Caddo Lake, Texas; and in Santa Clarita, California.
(c) Authorization of Appropriations.--Authorizes
$25,000,000 for perchlorate contamination investigations and
projects, of which not more than $8,000,000 shall be available
for the Bosque and Leon River Watersheds, not more than
$3,000,000 shall be available for Caddo Lake, and not more than
$7,000,000 shall be available for Santa Clarita.
Hearings
On September 29, 1999, the Subcommittee on Water Resources
and Environment held a hearing on H.R. 910. Testimony was given
by Representative David Dreier (CA), Representative Grace
Napolitano (CA), Representative Matthew Martinez (CA), and
Brigadier General Hans A. Van Winkle, U.S. Army Corps of
Engineers, as well as representatives of local water supply
agencies and the local community.
committee consideration
On March 8, 2000, the Water Resources and Environment
Subcommittee marked up H.R. 910. The Subcommittee adopted an
amendment in the nature of a substitute. This amendment (a)
addressed the spread of contamination into the Central Basin by
authorizing an additional $10 million for the Corps of
Engineers to participate in the Central Basin Water Quality
Project, and (b) addressed the need to investigate perchlorate
contamination from former Department of Defense (DOD)
facilities or DOD contractor facilities in Texas and California
by directing the Corps of Engineers to focus part of the
$25,000,000 authorization for perchlorate investigations on
these areas. The Subcommittee reported H.R. 910, as amended,
favorably to the Full Committee by unanimous voice vote.
On March 16, 2000, the Full Committee met in open session
and reported the bill, as amended by the Subcommittee, by
unanimous voice vote.
rollcall votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call vote on a motion
to report and on any amendment offered to the measure or
matter, and the names of those members voting for and against.
There were no recorded votes taken in connection with ordering
H.R. 910 reported.
committee oversight findings
With respect to the requirements of clause 3(c)(1) of Rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
cost of legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
compliance with house rule XIII
1. With respect to the requirement of clause 3(c)(2) of
Rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
Rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 910.
3. With respect to the requirement of clause 3(c)(3) of
Rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 910
from the Director of the Congressional Budget Office.
congressional budget office cost estimate
H.R. 910--San Gabriel Basin Water Quality Initiative
Summary: CBO estimates that implementing H.R. 910 would
increase discretionary spending by $122 million over the 2001-
2005 period, assuming appropriation of the necessary amounts.
The bill could affect direct spending because it would
authorize the Corps of Engineers (Corps) to collect and spend
funds from nonfederal sources; thus, pay-as-you-go procedures
would apply. CBO estimates, however, that the net impact on
direct spending would not be significant in any year.
H.R. 910 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Contributions by state or local governments to the restoration
fund that would be established by this legislation would be
voluntary.
H.R. 910 would authorize the Corps, in coordination with
the San Gabriel Basin Water Quality, to implement projects to
improve water quality in the San Gabriel groundwater basin. The
bill would establish and authorize the appropriation of $85
million to the San Gabriel Basin Restoration Fund, and would
authorize the appropriation of any interest earned on balances
in that fund. The Corps could use amounts appropriated to that
fund as well as interest earnings for water quality projects.
The bill also would authorize the Corps to conduct research on
groundwater contamination caused by the perchlorates (a primary
ingredient in solid rocket fuel) and would authorize the
appropriate of $25 million for that purpose.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 910 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
--------------------------------------------
2001 2002 2003 2004 2005
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level...................................... 43 18 20 20 21
Estimated outlays.................................................. 23 31 25 21 22
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Basis of estimate: H.R. 910 would authorize the
appropriation of $85 million to an interest-bearing fund and
authorize the Corps, in coordination with the San Gabriel Basin
Water Quality Authority, to use amounts in that fund, including
interest earnings, to implement water quality projects. CBO
estimates that allowing the Corps to spend interest earned on
the San Gabriel Basin Restoration Fund would increase the total
authorization of appropriations under H.R. 910 by $12 million
over the 2001-2005 period. For the purpose of this estimate,
CBO assumes that the Congress would appropriate both the
principle amount of $85 million and any interest earned as
needed for each year.
The bill would require that nonfederal entities provide at
least 35 percent of the funding for water quality projects
before the Corps could spend appropriations. Based on
information from the authority, CBO estimates that the projects
would cost $18 million in each of fiscal years 2001 and 2002,
$20 million in each of fiscal years 2003 and 2004, and $21
million in fiscal year 2005, assuming appropriation of the
necessary amounts for each of those years.
The bill also would authorize the appropriation of $25
million to the Corps for research on groundwater contamination
caused by perchlorates. Based on information from the Corps,
CBO estimates that the activities authorized under this
provision would cost $25 million over the 2001-2005 period,
assuming appropriation of the authorized amount in 2001.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. Enacting
this legislation would increase offsetting receipts and direct
spending because the Corps could collect and spend
contributions from nonfederal sources for the costs of water
quality projects. Thus, pay-as-you-go procedures would apply,
but CBO estimates that any net impact would not be significant
over the next 10 years.
Intergovernmental and private-sector impact: H.R. 910
contains no intergovernmental or private-sector mandates as
defined in UMRA. Contributions by state or local governments to
the restoration fund would be voluntary.
Estimate prepared by: Federal Costs: Megan Carroll. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Jean Wooster.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)