[Senate Report 108-244]
[From the U.S. Government Publishing Office]
Calendar No. 454
108th Congress Report
SENATE
2d Session 108-244
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IRVINE BASIN SURFACE AND GROUNDWATER IMPROVEMENT ACT OF 2003
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March 9, 2004.--Ordered to be printed
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Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1598]
The Committee on Energy and Natural Resources, to which was
referred the Act (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, reports
favorably thereon without amendment and recommends that the Act
do pass.
Purpose
The purpose of H.R. 1598 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.
Background and Need
H.R. 1598 would authorize the Secretary, in cooperation
with the Irvine Ranch Water District, 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.
Three water projects in Southern California are proposed.
The first project would filter surface water and urban runoff
in the San Diego Creek Watershed and Upper Newport Bay. The
second project, the Irvine Desalter, would clean brackish
groundwater and provide drinking water to the community. The
facility is intended to provide the Irvine Basin with access to
an alternative water source. The third project would allow for
the construction of a regional brine line to directly dispose
of brine into the ocean. The brine line would allow the
District to continue its efforts in increasing use of brackish
water resources. The total Federal cost share for projects
under the bill may not exceed 25 percent, and Federal funds may
not be used for project operation and maintenance.
Legislative History
H.R. 1598 was introduced by Representative Cox on April 3,
2003. A companion measure, S. 649, was introduced by Senator
Feinstein on March 18, 2003. H.R. 1598 passed the House of
Representatives on October 15, 2003, by a voice vote on a
motion to suspend the rules, and was referred to the Committee
on Energy and Natural Resources on October 16, 2003. The
Subcommittee on Water and Power held a hearing on S. 649 on May
13, 2003. S. Hrg. 108-64. The Committee ordered H.R. 1598
favorably reported without amendment on February 11, 2004.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on February 11, 2004, by a unanimous vote of a
quorum present, recommends that the Senate pass H.R. 1598. The
rollcall vote on reporting the measure was 23 yeas and 0 nays,
as follows:
YEAS NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Alexander
Ms. Murkowski
Mr. Talent
Mr. Burns
Mr. Smith*
Mr. Bunning
Mr. Kyl*
Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham*
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu*
Mr. Bayh*
Mrs. Feinstein*
Mr. Schumer*
Ms. Cantwell
*Indicates vote by proxy
Section-by-Section Analysis
Section 1 provides the short title.
Section 2 amends the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior 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. The
section limits the Federal share of project costs to 25
percent, and prohibits Federal funds from being used for
operation or maintenance of a project.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 20, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, 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 Julie
Middleton.
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 act
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 2005-2009 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 2009
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level............................. 0 5 5 5 4 0
Estimated outlays......................................... 0 1 3 7 5 3
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that H.R.
1598 will be enacted before the end of fiscal year 2004 and
that the necessary amounts will be appropriated in each fiscal
year starting in 2005. Based on information about the plans for
this project from the Bureau of Reclamation, CBO estimates that
implementing the act would cost $19 million over the 2005-2009
period.
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.
Previous Estimate: On October 6, 2003, CBO transmitted a
cost estimate for H.R. 1598 as ordered reported by the House
Committee on Resources on September 24, 2003. Except for a
change in the assumed enactment date, the cost estimates are
identical.
Estimate prepared by: Federal Costs: Julie Middleton.
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.
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 H.R. 1598. 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 H.R. 1598, as ordered reported.
Executive Communications
The testimony provided by the Department of the Interior at
the Subcommittee hearing on the companion measure, S. 649,
follows:
Statement of John Keys III, Commissioner, Bureau of Reclamation,
Department of the Interior
My name is John Keys and I am the Commissioner of the
Bureau of Reclamation. I am pleased to appear before this
Subcommittee to provide the Department's views on S. 649. S.
649 would amend the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.), commonly
called Title XVI, to authorize the Secretary of the Interior to
participate in projects within the San Diego Creek Watershed in
California and for other purposes.
Reclamation has had some preliminary discussions with the
Irvine Ranch Water District about proposed surface water
treatment, groundwater treatment, and brine disposal components
of their project. However, S. 649 authorizes the design and
construction of the project before Reclamation or the project
sponsors have completed a feasibility study that meets the
legal requirements of title XVI. Reclamation prefers that
feasibility studies be completed first to determine whether
these particular projects warrant Federal construction
authorization. Therefore, we believe the legislation is
premature and the Department cannot support S. 649.
The Department also opposes enactment of this legislation
because authorizing new projects is likely to place an
additional burden on Reclamation's already tight budget. With
the tremendous backlog of existing Title XVI projects, we
oppose the addition of new projects at this time. Based on
recent funding levels, it could take Reclamation more than 15
years to complete funding of the 27 currently authorized
projects. For these reasons, Madame Chairwoman, the Department
cannot support S. 649.
For the record, Madame Chairwoman, in 1992, Congress
adopted, and the President signed, the Reclamation Projects
Authorization and Adjustment Act (Public Law 192-575). Title
XVI of this Act, the Wastewater and Groundwater Study and
Facilities Act, authorized the construction of five water
reclamation and reuse projects. The Secretary was also
authorized to undertake a program to identify other water
recycling opportunities throughout the 17 western United
States, and to conduct appraisal level and feasibility level
studies to determine if those opportunities are worthy of
implementation. The Bureau of Reclamation has been
administering a grant program to fund these Title XVI projects
since FY 1994.
In 1996, Public Law 104-266, the Reclamation Recycling and
Water Conservation Act was enacted into law. This Act amended
Title XVI and authorized the Secretary to participate in the
planning, design, and construction of 18 additional projects,
including two desalination research and development projects.
Since 1996, Title XVI has been amended several other times and
now there are 27 projects authorized for construction in eight
states, and Reclamation has been granted authority to conduct
planning studies in the State of Hawaii.
Thank you for the opportunity to comment on S. 649. That
concludes my statement and I would be happy to answer any
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act H.R. 1598, as ordered 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):
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.
* * * * * * *
Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse Project.
Sec. 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.