[House Report 106-857]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-857

======================================================================



 
                   HAWAII WATER RESOURCES ACT OF 2000

                                _______
                                

 September 18, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1694]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
1694) to direct the Secretary of the Interior to conduct a 
study on the reclamation and reuse of water and wastewater in 
the State of Hawaii, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hawaii Water Resources Act of 2000''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) State.--The term ``State'' means the State of Hawaii.

SEC. 3. HAWAII WATER RESOURCES STUDY.

  (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation and in accordance with the provisions of this Act and 
existing legislative authorities as may be pertinent to the provisions 
of this Act, including: the Act of August 23, 1954 (68 Stat. 773, 
chapter 838), authorizing the Secretary to investigate the use of 
irrigation and reclamation resource needs for areas of the islands of 
Oahu, Hawaii, and Molokai in the State of Hawaii; section 31 of the 
Hawaii Omnibus Act (43 U.S.C. 422l) authorizing the Secretary to 
develop reclamation projects in the State under the Act of August 6, 
1956 (70 Stat. 1044, chapter 972; 42 U.S.C. 422a et seq.) (commonly 
known as the ``Small Reclamation Projects Act''); and the amendment 
made by section 207 of the Hawaiian Home Lands Recovery Act (109 Stat. 
364; 25 U.S.C. 386a) authorizing the Secretary to assess charges 
against Native Hawaiians for reclamation cost recovery in the same 
manner as charges are assessed against Indians or Indian tribes; is 
authorized and directed to conduct a study that includes--
          (1) a survey of the irrigation and other agricultural water 
        delivery systems in the State;
          (2) an estimation of the cost of repair and rehabilitation of 
        the irrigation and other agricultural water delivery systems;
          (3) an evaluation of options and alternatives for future use 
        of the irrigation and other agricultural water delivery systems 
        (including alternatives that would improve the use and 
        conservation of water resources and would contribute to 
        agricultural diversification, economic development, and 
        improvements to environmental quality); and
          (4) the identification and investigation of opportunities for 
        recycling, reclamation, and reuse of water and wastewater for 
        agricultural and nonagricultural purposes.
  (b) Reports.--
          (1) In general.--Not later than 2 years after appropriation 
        of funds authorized by this Act, the Secretary shall submit a 
        report that describes the findings and recommendations of the 
        study described in subsection (a) to--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Resources of the House of 
                Representatives.
          (2) Additional reports.--The Secretary shall submit to the 
        committees described in paragraph (1) any additional reports 
        concerning the study described in subsection (a) that the 
        Secretary considers to be necessary.
  (c) Cost Sharing.--Costs of conducting the study and preparing the 
reports described in subsections (a) and (b) of this section shall be 
shared between the Secretary and the State. The Federal share of the 
costs of the study and reports shall not exceed 50 percent of the total 
cost, and shall be nonreimbursable. The Secretary shall enter into a 
written agreement with the State, describing the arrangements for 
payment of the non-Federal share.
  (d) Use of Outside Contractors.--The Secretary is authorized to 
employ the services and expertise of the State and/or the services and 
expertise of a private consultant employed under contract with the 
State to conduct the study and prepare the reports described in this 
section if the State requests such an arrangement and if it can be 
demonstrated to the satisfaction of the Secretary that such an 
arrangement will result in the satisfactory completion of the work 
authorized by this section in a timely manner and at a reduced cost.
  (e) Authorization of Appropriations.--There are authorized to be 
appropriated $300,000 for the Federal share of the activities 
authorized under this Act.

SEC. 4. WATER RECLAMATION AND REUSE.

  (a) Section 1602(b) of the Reclamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h(b)) is amended by inserting 
before the period at the end the following: ``, and the State of 
Hawaii''.
  (b) The Secretary is authorized to use the authorities available 
pursuant to section 1602(b) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct the 
relevant portion of the study and preparation of the reports authorized 
by this Act if the use of such authorities is found by the Secretary to 
be appropriate and cost-effective, and provided that the total Federal 
share of costs for the study and reports does not exceed the amount 
authorized in section 3 of this Act.

SEC. 5. DROUGHT RELIEF.

  Section 104 of the Reclamation States Emergency Drought Relief Act of 
1991 (43 U.S.C. 2214) is amended--
          (1) in subsection (a), by inserting after ``Reclamation 
        State'' the following: ``and in the State of Hawaii''; and
          (2) in subsection (c), by striking ``ten years after the date 
        of enactment of this Act'' and inserting ``on September 30, 
        2005''.

                          Purpose of the Bill

    The purpose of S. 1694 is to direct the Secretary of the 
Interior to conduct a study on the reclamation and reuse of 
water and wastewater in the State of Hawaii.

                  Background and Need for Legislation

    S. 1694 would amend Title XVI of the Reclamation Wastewater 
and Groundwater Study and Facilities Act (Public Law 102-575) 
to include Hawaii as a state eligible to participate in the 
Bureau of Reclamation's Title XVI Program.
    Hawaii's relationship with the Bureau of Reclamation dates 
from 1939, when the agency proposed developing an aqueduct on 
Molokai to serve 16,000 acres of federally-managed Hawaiian 
Home Lands. While this project did not proceed, in 1954 
Congress directed the Bureau to investigate irrigation and 
reclamation needs for three of the islands: Oahu, Hawaii, and 
Molokai. A federal reclamation project on the Island of Molokai 
was eventually constructed in response to this investigation. 
The project continues in operation today.
    Under S. 1694, the Bureau of Reclamation may survey 
irrigation and water delivery systems in Hawaii, identify the 
cost of rehabilitating the systems, and evaluate demand for 
their future use. The bill also instructs the Bureau to 
identify new opportunities for reclamation and reuse of water 
and wastewater for agricultural and non-agricultural purposes. 
Finally, the bill authorizes the Bureau to conduct emergency 
drought relief in Hawaii.
    For additional information, see Senate Report 106-234.

                            Committee Action

    S. 1694 was introduced on October 6, 1999, by Senator 
Daniel Akaka (D-HI). On April 13, 2000, the Senate passed S. 
1694 with an amendment by unanimous consent. In the House of 
Representatives, the bill was referred to the House Committee 
on Resources, and within the Committee to the Subcommittee on 
Water and Power. On July 26, 2000, the Resources Committee met 
and discharged the Subcommittee on Water and Power from further 
consideration of the bill by unanimous consent. Congressman 
Neil Abercrombie (D-HI) offered an amendment in the nature of a 
substitute to the bill which passed by unanimous consent. The 
bill was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This section designates that the short title of this bill 
as the ``Hawaii Water Resources Act of 2000''.

Section 2. Definitions

    This section defines two terms used in the bill.

Section 3. Hawaii water resources study

    This section directs the Secretary of the Interior, acting 
through the Bureau of Reclamation, to conduct a study that 
includes a survey and repair cost estimate of irrigation and 
other agricultural water delivery systems; an evaluation of 
options for future use of irrigation and other water delivery 
systems; and an identification and investigation of 
opportunities for recycling, reclamation and reuse of water. 
This section also authorizes appropriations of $300,000 for the 
federal costs of the study.

Section 4. Water reclamation and reuse

    This section amends the Reclamation Wastewater and 
Groundwater Study and Facilities Act to include the State of 
Hawaii.

Section 5. Drought relief

    This section amends the Reclamation States Emergency 
Drought Relief Act of 1991 to extend drought relief programs to 
include Hawaii.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 9, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1694, the Hawaii 
Water Resources Reclamation Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Applebaum.
            Sincerely,
                                          Barry B. Anderson
                                    (for Dan L. Crippen, Director).
    Enclosure.

S. 1694--Hawaii Water Resources Reclamation Act of 2000

    CBO estimates that implementing S. 1694 would have no 
significant impact on the federal budget. Because the act would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. S. 1694 contains an 
intergovernmental mandate as defined in the Unfunded Mandates 
Reform Act (UMRA), but CBO estimates the cost would not be 
significant and would not meet the threshold established in 
UMRA ($55 million in 2000, adjusted annually for inflation). 
The legislation contains no new private-sector mandates.
    S. 1694 would authorize the appropriation of the sums 
necessary for the Secretary of the Interior to conduct a study 
of water resources in the state of Hawaii and report to the 
Congress within two years from the time when such sums are 
provided. Based on information from the Bureau of Reclamation, 
CBO estimates that those activities would cost a total of 
$400,000 over two years, assuming appropriation of the 
necessary amounts.
    The act also would permit the state of Hawaii to request 
emergency assistance from the bureau under the Reclamation 
States Emergency Drought Relief Act. Any such assistance 
provided to the state would be subject to the availability of 
appropriations. The 17 states currently eligible for such 
assistance received a total appropriations of $3 million in 
fiscal year 2000. CBO estimates that making Hawaii eligible for 
this type of assistance would not significantly affect federal 
costs.
    S. 1694 contains an intergovernmental mandate as defined in 
UMRA because it would require the state of Hawaii to share the 
cost of the water resources study. We estimate that Hawaii's 
share of the cost would be approximately $200,000 over two 
years. Overall, however, this legislation could benefit the 
state of Hawaii by enabling it to participate in the emergency 
drought relief program.
    On February 22, 2000, CBO transmitted a cost estimate for 
S. 1694 as ordered reported by the Senate Committee on Energy 
and Natural Resources on February 10, 2000. That version of the 
legislation did not require Hawaii to share the cost of the 
water resources study and therefore did not contain an 
intergovernmental mandate. Otherwise, the two versions of this 
legislation are nearly identical, and the estimated costs are 
the same.
    The CBO staff contact for this estimate is Rachel 
Applebaum. The estimate was approved by Robert A. Sunshine, 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates, as defined by 
Public Law 104-4.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 1602 OF THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND 
                             FACILITIES ACT


SEC. 1602. GENERAL AUTHORITY.

  (a) * * *
  (b) Such program shall be limited to the States and areas 
referred to in section 1 of the Reclamation Act of 1902 (Act of 
June 17, 1902, 32 Stat. 388) as amended, and the State of 
Hawaii.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 104 OF THE RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 
                                  1991


SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.

  (a) In General.--The programs and authorities established 
under this title shall become operative in any Reclamation 
State and in the State of Hawaii only after the Governor or 
Governors of the affected State or States, or on a reservation, 
when the governing body of the affected tribe has made a 
request for temporary drought assistance and the Secretary has 
determined that such temporary assistance is merited, or upon 
the approval of a drought contingency plan as provided in title 
II of this Act.

           *       *       *       *       *       *       *

  (c) Termination of Authority.--The authorities established 
under this title shall terminate [ten years after the date of 
enactment of this Act] on September 13, 2005.

                                  
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