[House Report 108-306]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-306

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



 
      IRVINE BASIN SURFACE AND GROUNDWATER IMPROVEMENT ACT OF 2003
                                _______
                                

October 8, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1598]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1598) to amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of the 
Interior to participate in projects within the San Diego Creek 
Watershed, California, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1598, is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act (P.L. 102-
575, Title XVI) to authorize the Secretary of the Interior to 
participate in projects within the San Diego Creek Watershed, 
California, and for other purposes.

                  Background and Need for Legislation

    The Irvine Ranch Water District (IRWD) provides potable 
water, sewage collection and treatment, and delivers recycled 
water through one of the largest recycled water distribution 
systems in the nation. Located in central Orange County, 
California, IRWD encompasses approximately 133 square miles and 
serves the city of Irvine, plus portions of Costa Mesa, Lake 
Forest, Newport Beach, Orange and Tustin. The District serves a 
population of 266,000.
    Both the groundwater and surface water quality have been 
impaired within the Basin. One component of the project will 
involve the placement of wetlands to provide for natural 
cleaning of surface water flowing through the San Diego Creek 
Watershed into the Upper Newport Bay. The other components will 
treat impaired ground water. The Irvine Desalter would clean 
brackish groundwater and provide drinking water to the 
community. The final project would allow for the construction 
of a regional brine line that would convey brine from local 
ground water treatment plants and other nearby industrial 
sources of brine to an existing ocean outfall pump station.
    The bill would authorize IRWD to participate in the Title 
XVI program, a federal funding authority, under the Bureau of 
Reclamation, designed to assist communities in developing water 
reuse projects. This legislation would allow for the design and 
construction of projects treating impaired surface and 
groundwater within the San Diego Creek Watershed. The estimated 
total cost of the project is $77 million, with federal funding 
comprising $19.45 million (or a maximum of 25 percent of the 
total cost of the project, up to $20 million).

                            Committee Action

    H.R. 1598 was introduced by Congressman Christopher Cox (R-
CA) on April 3, 2003. The bill was referred to the Committee on 
Resources, and within the Committee the Subcommittee on Water 
and Power. On May 22, 2003, the Subcommittee held a hearing on 
the bill. On July 17, 2003, the Subcommittee met to mark up the 
bill. No amendments were offered and bill was then forwarded to 
the Full Resources Committee by voice vote. On September 24, 
2003, the Full Resources Committee met to mark up the bill. No 
amendments were offered and the bill was ordered favorably 
reported to the House of Representatives by unanimous consent.

                           Section-by-Section


Section 1. Short title

    This Act may be cited as the ``Irvin Basin Surface and 
Groundwater Improvement Act of 2003''.

Section 2. Project authorization

    This section provides the Secretary of the Interior, in 
cooperation with the Irvin Ranch Water District, California, to 
participate in the design, planning, and construction of 
projects to naturally treat impaired surface water, reclaim and 
reuse impaired ground water, and provide brine disposal within 
the San Diego Creek Watershed. The Federal share of the costs 
of the projects authorized by this section shall not exceed 25 
percent of the total cost. No federal funds are for the 
purposes of operation and maintenance of the project.

            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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in projects within the 
San Diego Creek Watershed, California, and for other purposes.
    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, October 6, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1598, the Irvine 
Basin Surface and Groundwater Improvement Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                              Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1598--Irvine Basin Surface and Groundwater Improvement Act of 2003

    Summary: H.R. 1598 would authorize the Secretary of the 
Interior, in cooperation with the Irvine Ranch Water District, 
to participate in the design, planning, and construction of 
projects to treat surface water, reclaim groundwater, and 
dispose of brine in the San Diego Creek Watershed. The bill 
would limit the federal share of all project costs to 25 
percent.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1598 would cost $19 million 
over the 2004-2008 period. Enacting H.R. 1598 would not affect 
direct spending or revenues.
    H.R. 1598 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Enacting this legislation would benefit local governments, 
particularly the Irvine Ranch Water District and nearby city 
and county governments. These governments would incur some 
costs to match the federal funds authorized by this act, but 
these costs would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1598 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--
                                      ----------------------------------
                                        2004   2005   2006   2007   2008
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level........      5      5      5      4      0
Estimated outlays....................      1      3      7      5      3
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1598 will be enacted early in fiscal year 2004 and that the 
necessary amounts will be appropriated in each fiscal year. 
Based on information about the plans for this project from the 
Bureau of Reclamation, CBO estimates that implementing the bill 
would cost $18 million over the next five years.
    Intergovernmental and private-sector impact: H.R. 1598 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Enacting this legislation would benefit local 
governments, particularly the Irvine Ranch Water District and 
nearby city and county governments. These governments would 
incur some costs to match the federal funds authorized by this 
act, but these costs would be voluntary.
    Estimate prepared by: Federal Costs: Rachel Milberg. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

           *       *       *       *       *       *       *



SEC. 2. DEFINITION AND TABLE OF CONTENTS.

  For purposes of this Act, the term ``Secretary'' means the 
Secretary of the Interior.

                            TABLE OF CONTENTS

Sec. 1. Short title.
     * * * * * * *

        TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

Sec. 1601. Short title.
     * * * * * * *
1636. Irvine basin groundwater and surface water improvement projects.

           *       *       *       *       *       *       *


       TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

SEC. 1601. SHORT TITLE.

  This title may be referred to as the ``Reclamation Wastewater 
and Groundwater Study and Facilities Act''.

           *       *       *       *       *       *       *


SEC. 1636. IRVINE BASIN GROUNDWATER AND SURFACE WATER IMPROVEMENT 
                    PROJECTS.

  (a) Authorization.--The Secretary, in cooperation with the 
Irvine Ranch Water District, California, is authorized to 
participate in the design, planning, and construction of 
projects to naturally treat impaired surface water, reclaim and 
reuse impaired groundwater, and provide brine disposal within 
the San Diego Creek Watershed.
  (b) Cost Share.--The Federal share of the costs of the 
projects authorized by this section shall not exceed 25 percent 
of the total cost.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation or maintenance of a project authorized by this 
section.

           *       *       *       *       *       *       *


                                
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