[House Report 108-664]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-664

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



 
  BROWNSVILLE PUBLIC UTILITY BOARD WATER RECYCLING AND DESALINIZATION 
                                PROJECT

                                _______
                                

 September 8, 2004.--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. 2960]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2960) to amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of the 
Interior to participate in the Brownsville Public Utility Board 
Water Recycling and Desalinization Project, 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. 2960 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Secretary of the Interior to participate in the 
Brownsville Public Utility Board Water Recycling and 
Desalinization Project.

                  Background and Need for Legislation

    In light of drought and limited water supplies from the Rio 
Grande River, several Texas communities along the U.S./Mexico 
border are increasingly utilizing non-traditional methods to 
develop water supplies. Specifically, the Brownsville Public 
Utility Board (PUB) and six area entities are constructing a 
Regional Desalinization Plant to convert brackish water (salty 
groundwater) to drinking water for the region. The overall goal 
of the project is to develop an alternative water supply to 
reduce reliance on Rio Grande River water. The newly developed 
water will be distributed among the participating partners. 
Brownsville PUB will be the primary beneficiary since it owns 
about 92 percent of the plant. Pumping of brackish water from 
the underground source began in 2003. Phase I is expected to 
produce 7.5 million gallons of water per day, equivalent to 
over 40 percent of the annual water supply to the participating 
entities. The Phase I project is expected to cost $30 million. 
The capacity of the facility would double with completion of 
Phase II. This portion of the project will cost approximately 
$15 million overall. H.R. 2960 authorizes federal assistance 
for Phase II of the project through a 25 percent federal cost 
share.
    The legislation would also authorize federal assistance for 
two Brownsville PUB recycled water pipelines. The first water 
recycling project would result in the construction of a water 
line from the North Sewage Treatment Plant to convey reclaimed 
water to the Port of Brownsville. Up to 6 million gallons per 
day of effluent could be reclaimed and used at the Port. The 
estimated overall cost of designing, securing rights-of-way for 
the pipeline and construction is $3 million. The second project 
would utilize treated effluent from the South Sewage Treatment 
Plant at the University of Texas/Texas Southmost College for 
irrigation purposes. The overall estimated cost of constructing 
the pipeline to the University is $2 million. The federal cost 
share for both pipelines is limited to 25 percent.

                            Committee Action

    H.R. 2960 was introduced by Congressman Solomon Ortiz (D-
TX) on July 25, 2003. The bill was referred to the Committee on 
resources and within the Committee to the Subcommittee on Water 
and Power. On September 10, 2003, the Subcommittee on Water and 
Power held a hearing on the bill. On October 30, 2003, the 
Subcommittee met to mark up H.R. 2960. No amendments were 
offered and the bill was forwarded to the Full Resources 
Committee by unanimous consent. On July 14, 2004, the Full 
Resources Committee met to mark up the bill. No amendments were 
offered and the bill was favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Brownsville Public Utility Board Water Recycling and 
        Desalinization Project

    This section adds the ``Brownsville Public Utility Board 
Water Recycling and Desalinization Project'' to the list of 
authorized projects under the Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102-575). The 
section states that the federal cost share shall not exceed 25 
percent of the total project costs and that these funds shall 
not be used for operation and maintenance. The section also 
makes a conforming amendment to Public Law 102-575 to add the 
project to the list of authorized projects.

            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 the Brownsville 
Public Utility water recycling and desalinization project.
    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:

H.R. 2960--A bill to amend the Reclamation Wastewater and Groundwater 
        Study and Facilities Act to authorize the Secretary of the 
        Interior to participate in the Brownsville Public Utility Board 
        water recycling and desalinization project

    Summary: H.R. 2960 would authorize the Secretary of the 
Interior to participate in the design, planning, and 
construction of facilities to reclaim, reuse, and treat water 
in cooperation with the Brownsville Public Utility Board in 
Texas. The federal share of the cost of the project could not 
exceed 25 percent, or a maximum of $20 million.
    Assuming appropriation of the necessary funds, CBO 
estimates that implementing H.R. 2960 would cost $18 million 
over the 2005-2009 period and an additional $2 million after 
that period. Enacting this bill would not affect direct 
spending or revenues.
    H.R. 2960 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. The federal funds authorized by this bill would 
benefit local govenments in Texas. Any expenditures made by 
those governments to provide the required matching funds would 
be made voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2960 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--
                                                               -------------------------------------------------
                                                                  2005      2006      2007      2008      2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................         4         4         4         4         4
Estimated Outlays.............................................         3         3         4         4         4
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2960 will be enacted near the start of fiscal year 2005 and 
that the authorized amount will be appropriated in equal 
amounts over the 2005-2009 period. Based on historical spending 
patterns of similar projects, CBO estimates that implementing 
this bill would cost $18 million over the 2005-2009 period and 
an additional $2 million after that period.
    According to the Bureau of Reclamation, the feasibility 
study for this project is in the early stages of development 
and will not be completed until 2005. At this point, the agency 
is not clear on the direction the project will take, and no 
information on the potential scope of the project is currently 
available. Because the project authorization under H.R. 2960 is 
very broad, CBO assumes that the federal share of the project's 
cost would be the maximum of $20 million.
    Intergovernmetnal and private sector impact: H.R. 2960 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The federal funds authorized by this bill 
would benefit local governments in Texas. Any expenditures made 
by those governments to provide the required matching funds 
would be made voluntarily.
    Estimate prepared by: Federal Costs: Julie Middleton; 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller; and Impact on the Private Sector: Karen Raupp.
    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


                          (Public Law 102-575)



           *       *       *       *       *       *       *
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 GROUND WATER STUDIES

Sec. 1601. Short title.
     * * * * * * *
Sec. 163_. Brownsville Public Utility Board water recycling and 
          desalinization project.
     * * * * * * *

       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. 163__. BROWNSVILLE PUBLIC UTILITY BOARD WATER RECYCLING AND 
                    DESALINIZATION PROJECT.

  (a) In General.--The Secretary, in cooperation with the 
Brownsville Public Utility Board, may participate in the 
design, planning, and construction of facilities to reclaim, 
reuse, and treat impaired waters in the Brownsville, Texas, 
area.
  (b) Cost Sharing.--The Federal share of the cost of the 
project described in subsection (a) shall not exceed 25 percent 
of the total cost of the project.
  (c) Limitation.--Funds provided by the Secretary shall not be 
used for operation and maintenance of the project described in 
subsection (a).

           *       *       *       *       *       *       *


                                  
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