[Senate Report 108-21]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 36
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-21
======================================================================
 
 HIGH PLAINS AQUIFER HYDROGEOLOGIC CHARACTERIZATION, MAPPING, MODELING 
                           AND MONITORING ACT

                                _______
                                

                 March 19, 2003.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 212]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 212) to authorize the Secretary of the 
Interior to cooperate with the High Plains States in conducting 
a hydrogeologic characterization, mapping, modeling and 
monitoring program for the High Plains Aquifer, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and an amendment to the title and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. 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 ``High Plains Aquifer Hydrogeologic 
Characterization, Mapping, and Modeling Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
          (1) Association.--The term ``Association'' means the 
        Association of American State Geologists.
          (2) Council.--The term ``Council'' means the Western States 
        Water Council.
          (3) Director.--The term ``Director'' means Director of the 
        United States Geological Survey.
          (4) High plains aquifer.--The term ``High Plains Aquifer'' is 
        the groundwater reserve depicted as Figure 1 in the United 
        States Geological Survey Professional Paper 1400-B, titled 
        ``Geohydrology of the High Plains Aquifer in Parts of Colorado, 
        Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, 
        and Wyoming''.
          (5) High plains aquifer states.--The term ``High Plains 
        Aquifer States'' means the States of Colorado, Kansas, 
        Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and 
        Wyoming.
          (6) Review panel.--The term ``Review Panel'' means the panel 
        provided for by section 3(d).
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. ESTABLISHMENT.

    (a) Program.--The Secretary, through the United States Geological 
Survey, and in cooperation with the High Plains Aquifier States, shall 
establish and carry out the High Plains Aquifer Comprehensive 
Hydrogeologic Program, to characterize, map and model the High Plains 
Aquifer. The Program shall undertake at the most detailed levels 
determined to be appropriate on a state-by-state basis, 
characterization, mapping and modeling of the hydrogeological 
configuration of the High Plains Aquifer.
    (b) Objectives.--The objectives of the Program are to:
          (1) provide for the hydrogeologic characterization, mapping 
        and modeling of the High Plains Aquifer through a cooperative 
        partnership effort between the U.S. Geological Survey and the 
        High Plains Aquifer States;
          (2) coordinate Federal, State, and local data, maps, and 
        models into an integrated physical characterization of the High 
        Plains Aquifer;
          (3) support State and local activities with scientific and 
        technical specialists; and
          (4) undertake activities and provide technical capabilities 
        not available at the State and local levels as may be requested 
        by a Governor of a High Plains Aquifer State within such State.
    (c) Requests From Governors.--The Governor of a High Plains Aquifer 
State may submit a proposal to the Secretary requesting the Secretary 
to undertake activities and provide financial and technical 
capabilities not available at the State and local levels to carry out 
the purposes of the Program.
    (d) Review Panel.--Not later than six months after the date of 
enactment of this Act, the Secretary shall establish a Review Panel to: 
(1) evaluate the proposals submitted for funding under subsection (f); 
and (2) review and coordinate Program priorities. In performing its 
functions, the Review Panel shall consult with the Association and the 
Council.
    (e) Composition and Support.--The Review Panel shall be comprised 
of: (1) five representatives of the United States Geological Survey, at 
least two of which shall be hydrologists or hydrogeologists; and (2) 
one representative who is knowledgeable regarding hydrogeologic data 
and information from each of the High Plains Aquifer States that elects 
to participate in the Program. Each representative of a High Plains 
Aquifer States shall be recommended by the Governor of such State. The 
Secretary shall provide technical and administrative support to the 
Review Panel. Expenses for the Review Panel shall be paid from Program 
funds other than those referred to in subsection (f).
    (f) Funding.--Fifty percent of the funds appropriated to carry out 
this Program shall be allocated equally by the Secretary for the 
participation of State and local agencies and institutions of higher 
education within each of the High Plains Aquifer States that elects to 
participate in the Program. Grants may be made by the Secretary from 
the funds described in this subsection based on proposals that have 
been recommended by the Governor and reviewed by the Review Panel. 
Proposals for multistate activities must be recommended by the 
Governors of all the affected States.

SEC. 4. REPORTS.

    (a) Report on Program Implementation.--One year after the date of 
enactment of this Act, and every 3 years thereafter through fiscal year 
2011, the Secretary shall include a report on the Program in the annual 
budget documents for the Department of the Interior. The initial report 
submitted by the Secretary shall contain a Program plan developed with 
the concurrence of the Review Panel.
    (b) Report on High Plains Aquifer.--No later than four years after 
the date of enactment of this Act and upon completion of the Program in 
fiscal year 2011, the Secretary shall submit an interim and final 
report, respectively, to the Governors of the High Plains Aquifer 
States on the status of the High Plains Aquifer.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 2003 through 2011 to carry out 
this Act.

    2. Amend the title so as to read: ``To authorize the 
Secretary of the Interior to Cooperate with the High Plains 
Aquifer States in Conducting a Hydrogeologic Characterization, 
Mapping, and Modeling Program for the High Plains Aquifer, and 
for other purposes.''.

                                PURPOSE

    The purpose of S. 212 is to authorize the Secretary of the 
Interior, through the U.S Geological Survey (USGS), to 
cooperate with the High Plains Aquifer States (Colorado, 
Kansas, Nebraska, Oklahoma, New Mexico, South Dakota, Texas, 
and Wyoming) in conducting a hydrogeologic characterization, 
mapping, and modeling program for the High Plains Aquifer.

                          BACKGROUND AND NEED

    The High Plains Aquifer (the ``Aquifer''), which is 
comprised in large part by the Ogallala Aquifer, extends under 
eight states: Colorado, Kansas, Nebraska, New Mexico, Oklahoma, 
South Dakota, Texas, and Wyoming. The Aquifer is experiencing 
significant declines in its water levels in many areas. 
According to the USGS, the two largest areas with the greatest 
water-level decline from 1980 to 1999 were: (1) eastern New 
Mexico and western Texas; and (2) southwestern Kansas. The area 
in New Mexico and Texas had from 50 to 175 feet of water-level 
decline from 1950 to 1980 and more than 60 feet of water-level 
decline from 1980 to 1999. The area in Kansas had from 10 to 50 
feet of water-level decline from 1950 to 1980, and over 60 feet 
of decline from 1980 to 1999. Other areas, such as in Nebraska, 
had an increase in aquifer levels from 1980 to 1999. This 
Aquifer is the source of water for farmers, ranchers, and 
communities throughout the Great Plains region.
    The USGS carried out the first comprehensive quantitative 
study of the Aquifer in the late 1970s. USGS, working in 
cooperation with numerous State and local resource agencies, 
began a groundwater level measurement program for the Aquifer 
in 1988 to assess annual water-level change in the Aquifer. 
Most of this measurement activity is undertaken by the States. 
The first comprehensive modeling of the entire Aquifer occurred 
in the late 1970s. No comprehensive modeling of the entire 
Aquifer system has been completed since that time. In addition, 
conditions affecting recharge rates for the Aquifer have 
changed since this work was completed.
    As a result of the legislation, more detailed information 
which maps and characterizes the Aquifer will be made 
available. This information could be useful to irrigators who 
depend on the Aquifer as water source and communities who 
derive their drinking water supplies from the Aquifer. The 
legislation would ensure that additional funding is available 
to states and local agencies and academic institutions to 
undertake mapping, characterization, and modeling activities 
related to the hydrogeology of the Aquifer.

                          LEGISLATIVE HISTORY

    S. 212 was introduced by Senators Bingaman, Brownback, and 
Domenici on January 23, 2003. Similar legislation, S. 2773 was 
introduced by Senators Bingaman, Brownback, and Domenici in the 
107th Congress. The Subcommittee on Water and Power held a 
hearing on S. 2773 on July 31, 2002, and ordered the bill 
favorably reported, with an amendment in the nature of a 
substitute on October 3, 2002. The text of S. 2773, as amended, 
passed the Senate by unanimous consent on November 22, 2002. At 
the business meeting on March 12, 2003, the Committee on Energy 
and Natural Resources ordered S. 212, with a joint staff 
amendment, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committtee on Energy and Resources, in open business 
session on March 12, 2003, by a voice vote of a quorum present, 
recommends that the Senate pass S. 212 as described herein. 
Senators Thomas and Burns requested their votes be recorded in 
opposition.

                          COMMITTEE AMENDMENTS

    An amendment in the nature of a substitute was drafted to 
address the concerns raised during the March 6, 2003 Water and 
Power Subcommittte hearing. The amendment is described in the 
section-by-section.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 states the short title.
    Section 2(a) defines key terms used in the Act.
    Section 3(a) directs the Secretary through the U.S. 
Geological Survey, to establish a High Plains Aquifer 
Comprehensive Hydrogeologic Program in cooperation with the 
eight High Plains Aquifer States, to characterize, map and 
model the High Plains Aquifer.
    Subsection (b) outlines the objectives of the Program which 
are to: provide for the hydrogeologic characterization, 
mapping, and modeling of the High Plains Aquifer through the 
establishment of a cooperative partnership between the High 
Plains Aquifer States and the U.S. Geological Survey; 
coordination of data, maps and models; scientific and technical 
support of state and local activities; and undertaking 
activities and providing technical capabilities not currently 
available at the State and local level as requested by the 
Governor.
    Subsection (c) allows the Governors of the High Plains 
Aquifer States to submit proposals to the Secretary of the 
Interior requesting the Secretary to undertake activities and 
provide funding or technical capabilities not currently 
available at the State and local levels to assist in carrying 
out the purposes of the Program. Section 3(c) of the bill 
contemplates that the Governor of a High Plains Aquifer State 
may submit a proposal to the Secretary of the Interior 
requesting the Secretary to provide financial and technical 
capabilties not available at the State and local levels and to 
undertake activities in addition to those otherwise carrries 
out by the Secretary under existing authorities. This provision 
is intended to underscore that the program is to be a 
cooperative partnership effort between the U.S. Geological 
Survey and the High Plains Aquifer States.
    Subsection 3(d) establishes a Review Panel, which has as 
its majority, representatives of the High Plains Aquifer States 
recommended by the Governors. In addition to the State 
representatives, the Review Panel composition is to include 
five representatives from the U.S. Geological Survey, with at 
least two being hydrologists or hydrogeologists. One function 
of the Review Panel is to review and coordinate Program 
priorities. In undertaking this responsibility, it is the 
Committee's intent that the Review Panel seek, and establish a 
mechanism to receive, input from users of hydrogeologic data 
and information in the High Plains Aquifer area, such as 
farmers, ranchers, livestock producers, municipalities and 
others. The Review Panel must also consult with the Western 
States Water Council and the Association of American State 
Geologists in performing its functions.
    Subsection (e) provides that the Review Panel shall be 
comprised of five representatives of the U.S. Geological 
Survey, at least two of which shall be a hydrologist or 
hydrogeologist, and one representative, who is knowledgeable 
regarding hydrogeologic data and information, from each of the 
High Plains Aquifer States that elects to participate in the 
program. Representatives from the States shall be recommended 
by the Governor of such State.
    Subsection (f) provides that fifty percent of the funds 
appropriated be allocated equally for the participation of 
State and local agencies and institutions of higher education 
within each of the High Plains Aquifer States. Grants made from 
these funds shall be awarded based on proposals that have been 
recommended by the Governor and reviewed by the Review Panel. 
The Committee expects that the funding provided under this 
Program will complement, rather than duplicate, efforts being 
undertaken by the State and local agencies and academic 
institutions. It is the Committee's expectation that funding 
made available under the Program will supplement ongoing 
mapping, modeling and monitoring efforts by State and local 
agencies and academic institutions, such as the State 
geological surveys, State water management agencies, and Land 
Grant Universities, or consortia of such agencies and academic 
institutions. The Committee also anticipates that State and 
local agencies will not use this Program as an opportunity to 
reduce resources applied to activities that are the subject of 
the Program, but rather will use the resources of the Program 
to augment and enhance ongoing State and local activities.
    Under the legislation, factors appropriate for 
consideration in reviewing proposals for funding include the 
scientific merit and benefits of the proposed activity and the 
ability of the agency or academic institution to carry out the 
activity to further the purposes of the Program.
    Section 4(a) directs the Secretary of the Interior to 
include a report on the Program in her annual budget document 1 
year after the date of enactment of the Act and every 3 years 
thereafter through fiscal year 2011.
    Subsection (b) directs the Secretary to report on the 
status of the Aquifer to the Governors of the High Plains 
Aquifer States no later than 4 years after commencement of the 
Program and upon completion of the Program in 2011.
    Section 5 authorizes appropriations to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request that it be printed in the Congressional 
Record for the advice of the Senate.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 212. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 212, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On February 6, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 212. These reports 
had not been received at the time the report on S. 212 was 
filed. The testimony provided by the Department of the Interior 
at the Subcommittee hearing follows:

  Statement of William M. Alley, Chief, Office of Ground Water, U.S. 
             Geological Survey, Department of the Interior

    Madam Chairman and Members of the Committee, thank you for 
the opportunity to provide the views of the Department of the 
Interior (DOI) on S. 212, ``High Plains Aquifer Hydrogeologic 
Characterization, Mapping, Modeling, and Monitoring Act.'' The 
Administration agrees with the Committee concerning the 
importance of ground-water monitoring and coordination of 
monitoring efforts among Federal, State, and local entities. We 
especially appreciate the bi-partisan efforts of the sponsors 
of the bill to address this important issue and the emphasis 
within the bill on the need for reliance on sound science.
    However, the Administration has a few concerns with this 
bill. The goals of this bill can be achieved without 
legislation, through better coordination of existing Federal 
and State programs. Further, the U.S. Geological Survey (USGS) 
and DOI are in the process of revising their strategic plan; 
while important, the proposed program would have to be taken 
into account among all DOI priorities as the strategic plan 
develops. The total costs of the proposed program are 
uncertain. Funding for this program is not included in the 
fiscal year 2004 President's budget, and would be subject to 
available resources.
    Irrigation water pumped from the aquifer has made the High 
Plains one of the Nation's most important agricultural areas. 
The intense use of ground water has caused major declines in 
ground-water levels raising the concerns about the long-term 
sustainability of irrigated agriculture in many areas of the 
High Plains. The changes are particularly evident in the 
central and southern parts of the High Plains, where more than 
50 percent of the aquifer has been dewatered in some areas.
    The bill directs the Secretarty of the Interior, acting 
through the USGS, and in cooperation with the State geological 
surveys and the water management agencies of the High Plains 
Aquifer States, to establish and carry out a program of 
characterization, mapping, modeling, and monitoring of the High 
Plains Aquifer. This would be accomplished through mapping of 
the configuration of the High Plains Aquifer, and analyses of 
the rates at which ground water is being withdrawn and 
recharged, changes in water storage in the aquifer, and the 
factors controlling the rate of flow of water within the 
aquifer. Effective coordination of the data collection and 
monitoring efforts requires that any data collected under the 
program be consistent with Federal Geographic Data Committee 
data standards and that metadata be published on the National 
Spatial Data Infrastructure Clearinghouse.
    The role identified for DOI in this bill is consistent with 
USGS's leadership role in monitoring, interpretation, research, 
and assessment of the earth and biological resources of the 
Nation. As the Nation's largest water, earth, and biological 
science, and civilian mapping agency, USGS conducts the most 
extensive geologic mapping and ground-water investigations in 
the Nation in conjunction with our State and local partners. 
Furthermore, the USGS has been active in a number of programs 
and investigations that involve the High Plains Aquifer, 
specifically.
    The USGS has offices in each of the eight States underlain 
by the High Plains Aquifer (Texas, Oklahoma, Kansas, Nebraska, 
South Dakota, Wyoming, Colorado, and New Mexico). These offices 
have a long history of ground-water monitoring and assessment 
activities within the aquifer. Existing USGS programs that are 
highly relevant to High Plains Aquifer issues include the 
Ground-Water Resources Program, National Cooperative Geologic 
Mapping Program, National Water-Quality Assessment (NAWQA) 
Program, National Streamflow Information Program, Water 
Resources Research Act Program, and the Cooperative Water 
Program.
    The USGS carried out the first comprehensive quantitative 
study of the High Plains Aquifer in the late 1970's through the 
Regional Aquifer-System Analysis (RASA) Program. With our 
partners in the Cooperative Water Program, we continue to 
provide ground-water models to evaluate the present and future 
state of the aquifer in some parts of the High Plains, although 
an overall assessment of the aquifer is now over two decades 
old.
    In response to the water-level declines, a ground-water 
monitoring program was begun across the High Plains in 1988 to 
assess annual water-level changes in the aquifer, an effort 
requiring collaboration among numerous Federal, State, and 
local water-resource agencies. Water levels continue to 
decrease in many areas of the aquifer, but the monitoring has 
indicated that the overall rate of decline of the water table 
has slowed during the past two decades. This change is 
attributed to improved irrigation and cultivation practices, 
decreases in irrigated acreage, and above normal precipitation 
during this period. More in-depth studies are required to 
determine the relative importance of these different factors 
and to improve estimates of recharge rates, which is crucial to 
projecting future water levels and their response to changing 
agricultural practices.
    We recognize the need to ensure that any USGS monitoring 
activities should complement State monitoring activities. In 
order to ensure cooperation between USGS and the non-federal 
community, S. 212 requires that the Federal share of the costs 
of an activity funded under subsection (d)(2)(B) be no more 
than 50 percent of the total cost of that activity. This is 
consistent with our earlier recommendation to include language 
similar to that currently contained in the National Cooperative 
Mapping Act (43 U.S.C. Chapter 2, Section 31c.).
    In testimony on an earlier version of this bill, S. 2773 in 
the 107th Congress, the Department testified that we were 
advised by the Department of Justice that Sections 3 and 4 
unconstitutionally required that States take certain actions. 
We recognize that the Committee has made revisions in S. 212 in 
an effort to address these concerns. The Department of Justice 
has reviewed the bill and advises that the new bill meets their 
concerns.
    In summary, a reliable source of ground water is an 
essential element of the economy of the communities on the High 
Plains. The goals of the bill are commendable, it contains 
provisions that are well within the scope and expertise of the 
USGS, and it emphasizes a high level of coordination between 
the Department of Interior and the States in addressing an 
issue of significant economic concern to the Nation. However, 
the Administration has concerns with the bill and any new 
funding would remain subject to available resources.
    Thank you, Madam Chairman, for the opportunity to present 
this testimony. I will be pleased to answer questions you and 
other members of the Committee might have.

                 MINORITY VIEWS OF SENATOR CRAIG THOMAS

    I remain concerned regarding the need for this legislation 
and have reservations about any detrimental impacts the bill 
may have for diluting current state authority to manage its 
waters as well as possible federalization of ground or surface 
water use. During the Senate Committee on Energy and Natural 
Resources, Subcommittee on Energy and Water hearing the 
Administration witness said ``the goals of this bill can be 
achieved without legislation, through better coordination of 
existing Federal and State programs.'' Additionally, the U.S. 
Geological Service (USGS) stated that it has the authority to 
map, model and monitor and in fact, has extensively studied the 
Ogallala Formation. If there are existing efforts to monitor 
any aquifer depletion, there is no need for expanding Federal 
authority. Further, if the states do not have sufficient or 
complete data, those individual states may seek additional 
funds for the USGS to complete supplementary studies. The 
creation of a new Federal panel appears to be an encroachment 
on State authority for an issue that has largely been managed 
by the States.

                                                      Craig Thomas.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rule of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 212, as ordered 
reported.

                                
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