[House Report 108-759]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-759

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



 
     WICHITA PROJECT EQUUS BEDS DIVISION AUTHORIZATION ACT OF 2004

                                _______
                                

October 7, 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. 4650]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4650) to amend the Act entitled ``An Act to provide for 
the construction of the Cheney division, Witchita Federal 
reclamation project, Kansas, and for other purposes'' to 
authorize the Equus Beds Division of the Wichita 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. 4650 is to amend the Act entitled ``An 
Act to provide for the construction of the Cheney division, 
Wichita Federal reclamation project, Kansas, and for other 
purposes'' to authorize the Equus Beds Division of the Wichita 
Project.

                  Background and Need for Legislation

    The Equus Beds Aquifer is the body of water beneath 
portions of Sedgwick, Harvey, McPherson and Reno Counties 
within the boundaries of Groundwater Management District No. 2 
in Kansas. Annual withdrawals from the aquifer average 157,000 
acre-feet of water. Fifty-five percent of this annual 
withdrawal is used for irrigation, 39% for municipal needs, and 
6% for industry.
    The Equus Beds Aquifer has supplied water to the City of 
Wichita since the 1940s, but has experienced significant 
groundwater declines since 1950 in the area of Wichita's well 
field. As a result, the City is developing innovative ways to 
meet its future water supply needs. The City's Water Supply 
Plan combines the use of a number of local water resources to 
meet the City's water needs through the year 2050. The Equus 
Beds Aquifer Recharge and Recovery Project is a key component 
of the Plan.
    The source of the water used for the Project will be the 
Little Arkansas River. Since all of the normal water rights 
from the Little Arkansas River have already been given to other 
water users, excess flow rights are the only water available. 
The City has completed a Draft Environmental Impact Statement 
on the Project and the larger Plan that did not find any long-
term negative impacts on the River. The total Project cost is 
estimated at $110 million. Under H.R. 4650, the Bureau of 
Reclamation would provide funding for 25 percent of the 
Project's cost with no funding for operation and maintenance. 
The federal government would not hold title to the facilities.

                            Committee Action

    Congressman Todd Tiahrt (R-KS) introduced H.R. 4650 on June 
22, 2004. The bill was referred to the Subcommittee on Water 
and Power within the Committee on Resources. A hearing was held 
on the bill on July 8, 2004. On September 22, 2004, the Full 
Resources Committee met to consider the bill. The Subcommittee 
was discharged from further consideration of the bill by 
unanimous consent. No amendments were offered and the bill was 
then favorably reported to the House of Representatives by 
unanimous consent.

            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 Act entitled ``An Act to 
provide for the construction of the Cheney division, Wichita 
Federal reclamation project, Kansas, and for other purposes'' 
to authorize the Equus Beds Division of the Wichita 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2004.
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. 4650, the Wichita 
Project Equus Beds Division Authorization Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                     Douglas Holtz-Eakin, Director.
    Enclosure.

H.R. 4650--Wichita Project Equus Beds Division Authorization Act of 
        2004

    Summary: H.R. 4650 would authorize the Secretary of the 
Interior to participate in the funding and implementation of 
the Equus Beds Aquifer Recharge project in Wichita, Kansas. 
This aquifer is a primary source of water for the city of 
Wichita, along with the Cheney Reservoir. The federal share of 
the cost of this project could not exceed 25 percent of total 
costs, or a maximum of $30 million.
    Assuming appropriation of the necessary funds, CBO 
estimates that implementing this bill would cost $14 million 
over the 2005-2009 period, including adjustments for 
anticipated inflation. Enacting this bill would not affect 
direct spending or revenues.
    H.R. 4650 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 the city of Wichita. Any expenditures made by the city 
to provide the required matching funds would be made 
voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4650 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                  By fiscal year, in million of dollars--

                                 ---------------------------------------
                                   2005    2006    2007    2008    2009
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level...       3       3       3       3       3
Estimated outlays...............       2       3       3       3       3
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4650 will be enacted near the start of fiscal year 2005 and 
that the authorized amount will be appropriated in equal 
amounts over the 2005-2014 period. Currently, the estimate of 
the project's total cost is $117 million. For this estimate, 
CBO assumes that the federal share of the project's cost would 
be the authorized maximum of $30 million. Based on historical 
spending patterns of similar projects, CBO estimates that 
implementing this bill would cost $14 million over the 2005-
2009 period, including adjustments for anticipated inflation.
    Intergovernmental and private-sector impact: H.R. 4650 
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 the city of Wichita. Any expenditures made by the 
city 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; Impact on the Private Sector: Amina Masood.
    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 italics and existing law in which no change is 
proposed is shown in roman):

                       ACT OF SEPTEMBER 14, 1960


                          (PUBLIC LAW 86-787)

AN ACT To provide for the construction of the Cheney division, Wichita 
Federal reclamation project, Kansas, and for other purposes.

           *       *       *       *       *       *       *


SEC. 10. EQUUS BEDS DIVISION.

  (a) Authorization.--The Secretary of the Interior may assist 
in the funding and implementation of the Equus Beds Aquifer 
Recharge and Recovery Component which is a part of the 
``Integrated Local Water Supply Plan, Wichita, Kansas'' 
(referred to in this section as the ``Equus Beds Division''). 
Construction of the Equus Beds Division shall be in substantial 
accordance with the plans and designs.
  (b) Operation, Maintenance, and Replacement.--Operation, 
maintenance, and replacement of the Equus Beds Division, 
including funding for those purposes, shall be the sole 
responsibility of the City of Wichita, Kansas. The Equus Beds 
Division shall be operated in accordance with applicable laws 
and regulations.
  (c) Agreements.--The Secretary of the Interior may enter 
into, or agree to amendments of, cooperative agreements and 
other appropriate agreements to carry out this section.
  (d) Administrative Costs.--From funds made available for this 
section, the Secretary of the Interior may charge an 
appropriate share related to administrative costs incurred.
  (e) Plans and Analyses Consistent With Federal Law.--Before 
obligating funds for design or construction under this section, 
the Secretary of the Interior shall work cooperatively with the 
City of Wichita, Kansas, to use, to the extent possible, plans, 
designs, and engineering and environmental analyses that have 
already been prepared by the City for the Equus Beds Division. 
The Secretary of the Interior shall assure that such 
information is used consistent with applicable Federal laws and 
regulations.
  (f) Title; Responsibility; Liability.--Nothing in this 
section or assistance provided under this section shall be 
construed to transfer title, responsibility, or liability 
related to the Equus Beds Division (including portions or 
features thereof) to the United States.
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated as the Federal share of the total cost of the 
Equus Beds Division, an amount not to not exceed 25 percent of 
the total cost or $30,000,000 (January, 2003 prices), whichever 
is less, plus or minus such amounts, if any, as may be 
justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indexes applicable to 
the type of construction involved herein, whichever is less. 
Such sums shall be nonreimbursable.

                                  
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