[Senate Report 108-288]
[From the U.S. Government Publishing Office]
Calendar No. 603
108th Congress Report
SENATE
2d Session 108-288
======================================================================
AMENDING THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND
FACILITIES ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO
PARTICIPATE IN THE WILLIAMSON COUNTY, TEXAS, WATER RECYCLING AND REUSE
PROJECT, AND FOR OTHER PURPOSES
_______
June 25, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1732]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1732) to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
Williamson County Texas, Water Recycling and Reuse Project, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that Act do
pass.
Purpose
The purpose of H.R. 1732 is to amend 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 the Williamson County,
Texas, Water Recycling and Reuse Project.
Background and Need
The Lower Colorado River Authority (``LCRA'') generates
wholesale electric power for more than 1 million people in a
service area covering all or parts of 58 counties.
Additionally, the LCRA manages a 600-mile portion of the Texas
Colorado River and owns or operates 35 water/wastewater systems
serving approximately 122,000 residents in 11 counties.
Studies under a State-mandated planning process show that
current water supplies for Williamson County will only be
sufficient through 2017. The studies identified water recycling
as an alternative water supply for Williamson County. According
to proponents of the legislation, the use of the project's
recycled water will be a reliable source of irrigation for
parks, school athletic fields, and golf courses.
The proposed project has regional support and is expected
to be completed in two stages. LCRA estimates this the project
will save approximately 5,000 acre-feet on an annual basis. The
project is estimated to cost $29 million, and the LCRA has
testified that it will commit to $21.5 million in local
funding. The Federal share of project costs may not exceed 25
percent.
Legislative History
H.R. 1732, the Williamson County Water Recycling Act of
2003, was introduced by Representative Carter (R-TX) on April
10, 2003, and referred to the House Committee on Resources. The
Resources Committee discharged the bill on November 17, 2003,
and the House passed it under suspension on the same day. On
November 18, 2003, H.R. 1732 was received in the Senate and
referred to the Committee on Energy and Natural Resources. A
hearing on H.R. 1732 was conducted by the Water and Power
Subcommittee on May 19, 2004. The Energy and Natural Resources
Committee, on June 16, 2004, by a unanimous vote of a quorum
present, favorably reported H.R. 1732.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on June 16, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass H.R.
1732.
Section-by-Section Analysis
Section 1(a) contains the short title.
Subsection 1(b) amends the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Secretary
of the Interior, in cooperation with the LCRA, to participate
in the design, planning, and construction of permanent
facilities to reclaim and reuse water in Williamson County,
Texas. The Federal share of project costs is limited to 25
percent of the total and the Secretary is prohibited from
providing funds for project operation and maintenance.
Section 2 amends the table of sections in the Reclamation
Projects Authorization and Adjustment Act of 1992 to reflect
the Williamson County, Texas, Water Recycling and Reuse
Project.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 18, 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. 1732, the
Williamson County Water Recycling 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 Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1732--Williamson County Water Recycling Act of 2003
Summary: H.R. 1732 would authorize federal participation in
the design, planning, and construction of a project to reclaim
and reuse wastewater that would be carried out by the Lower
Colorado River Authority in Williamson County, Texas. The act
would limit the federal share of those costs to 25 percent and
would prohibit the use of the federal funds for operating or
maintaining the project.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 1732 would cost about $8
million over the 2005-2009 period. Enacting H.R. 1732 would not
affect direct spending or revenues. H.R. 1732 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). The participating
communities in Texas might 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. 1732 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...................................... 2 2 2 2 0
Estimated Outlays.................................................. 2 2 2 2 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
1732 will be enacted near the end of 2004 and that the
necessary funds will be appropriated for each year. H.R. 1732
would limit the federal share of costs to 25 percent of the
total cost to plan, design, and construct a wastewater
reclamation project in Williamson County, Texas. Based on
information from the Bureau of Reclamation, CBO estimates that
the total cost of the project would be approximately $30
million and the maximum federal share would be $8 million. CBO
expects that it will take approximately four years to complete
all phases of this project. For this estimate, CBO asssumes
that funds will be appropriated in equal installments over that
period to complete the project.
Intergovernmental and private-sector impact: H.R. 1732
contains no intergovernmental or private-sector mandates as
defined in UMRA. The participating communities in Texas might
incur some costs to match the federal funds authorized by this
act, but these costs would be voluntary.
Previous CBO estimate: On November 6, 2003, CBO transmitted
a cost estimate for H.R. 1732 as ordered reported by the House
Committee on Resources on October 29, 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: Majorie Miller;
and Impact on the Private Sector: Crystal Taylor.
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. 1732. The Act is not a regulatory measure in
the sense of imposing government-established standards or
significant 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. 1732.
Executive Communications
On June 16, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior setting forth executive views on H.R. 1732. This
report had not been received at the time the report on H.R.
1732 was filed. When the report becomes available, the Chairman
will request that it be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Bureau
of Reclamation at the Subcommittee hearing follows:
Statement of John W. Keys III, Commissioner, Bureau of Reclamation
My name is John Keys III. I am the Commissioner of the
Bureau of Reclamation. I am pleased to present the views of the
Department of the Interior on H.R. 1732, concerning the
Williamson County water reclamation project in the State of
Texas.
H.R. 1732 would amend the Reclamation Wastewater and
Groundwater Study and Facilities Act (Title XVI of Public Law
102-575), authorizing the Secretary of the Interior in
cooperation with the Lower Colorado River Authority, to
participate in the design, planning, and construction of a
water reclamation project in Williamson County, Texas. H.R.
1732 limits the Federal share of project costs to 25 percent of
the total project costs and restricts the Secretary from
providing funding for the operation and maintenance.
Additionally, existing law, section 1631 of Public Law 102-575,
limits the Federal share of project costs to not exceed $20
million (October 1996 prices).
The Lower Colorado River Authority has developed conceptual
plans for the project, and Reclamation has completed a cursory
review of this proposal. Reclamation has not yet conducted an
appraisal level study. This appraisal study would be needed to
determine if the preliminary work initiated by the Lower
Colorado River Authority meets Reclamation's requirements and
to evaluate the potential for a feasibility study per criteria
developed in accordance with Title XVI of P.L. 102-575. In that
respect, until we have more information, we cannot comment on
the merits of the project itself and therefore cannot support
H.R. 1732.
The Department also believes enactment of this legislation
authorizing new construction projects is likely to place an
additional burden on Reclamation's already constrained budget.
With the tremendous backlog of Title XVI projects that already
exist (currently estimated at about $2.6 billion), we do not
support the addition of new wastewater projects at this time.
For the record, Mr. Chairman, in 1992, the Reclamation
Projects Authorization and Adjustment Act (Public Law 102-575)
was enacted. Title XVI of this Act, the Reclamation Wastewater
and Groundwater Study and Facilities Act, authorized
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. In addition, the Secretary was
authorized to conduct research and to construct, operate, and
maintain demonstration projects. Reclamation has been
administering a grant program to fund these Title XVI
activities since FY 1994.
In 1996, Public Law 104-266, the Reclamation Recycling and
Water Conservation Act, was enacted. 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. To date,
Congress has provided funding to plan or construct 19 of 25
specifically authorized projects. Under the general authority
of Title XVI, funding has been provided to identify and
investigate, at the appraisal or feasibility level, eight
potential water recycling projects, and to conduct three
research and demonstration projects.
In summary, the Department strongly encourages local water
recycling efforts and is engaged in numerous water reuse and
recycling projects around the West. However, for the reasons
provided above, the Department cannot, at this time, support
authorizing this new request for Federally-assisted
construction.
Thank you for the opportunity to comment on H.R. 1732. This
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
H.R. 1732, 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
Public Law 102-575; 106 Stat. 4664
* * * * * * *
SEC. 2. DEFINITION AND TABLE OF CONTENTS.
* * * * * * *
TABLE OF CONTENTS
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
Sec. 1601. Short title
* * * * * * *
1636. Williamson County, Texas, Water Recycling and Reuse Project.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
* * * * * * *
SEC. 1636. WILLIAMSON COUNTY, TEXAS, WATER RECYCLING AND REUSE PROJECT.
(a) Authorization.--The Secretary, in cooperation with the
Lower Colorado River Authority, Texas, is authorized to
participate in the design, planning, and construction of
permanent facilities to reclaim and reuse water in Williamson
County, Texas.
(b) Cost Share.--The Federal share of the costs of the
project described in subsection (a) shall not exceed 25 percent
of the total cost.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project described in
subsection (a).
* * * * * * *