[House Report 109-335]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-335
HOUSE OF REPRESENTATIVES
1st Session Part 1
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DANA POINT DESALINATION PROJECT AUTHORIZATION ACT
_______
December 12, 2005.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3929]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3929) to amend the Water Desalination Act of 1996 to
authorize the Secretary of the Interior to assist in research
and development, environmental and feasibility studies, and
preliminary engineering for the Municipal Water District of
Orange County, California, Dana Point Desalination Project
located at Dana Point, California, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dana Point Desalination Project
Authorization Act''.
SEC. 2. AUTHORIZATION FOR DANA POINT DESALINATION PROJECT.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law
104-298) is amended by adding at the end the following new section:
``SEC. 10. DANA POINT DESALINATION RESEARCH AND FEASIBILITY RELATED
COSTS.
``(a) Authority.--The Secretary may assist in research and
development, environmental and feasibility studies, and preliminary
engineering for the Municipal Water District of Orange County,
California, Dana Point Desalination Project located at Dana Point,
California.
``(b) Federal Share.--Notwithstanding section 7, the Federal share of
the costs for the project assisted under subsection (a) shall not
exceed 25 percent of the total costs of the project.
``(c) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Secretary $2,500,000 to carry out this section.
``(d) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.''.
Purpose of the Bill
The purpose of H.R. 3929 is to amend the Water Desalination
Act of 1996 to authorize the Secretary of the Interior to
assist in research and development, environmental and
feasibility studies, and preliminary engineering for the
Municipal Water District of Orange County, California, Dana
Point Desalination Project located at Dana Point, California.
Background and Need for Legislation
The Municipal Water District of Orange County provides
wholesale water to 30 cities and retail water agencies in
Orange County, California. Like many water suppliers in
Southern California, the District relies heavily on imported
water from the Colorado River and the Sacramento/San Joaquin
Bay-Delta. Along with most of California, Orange County has
experienced tremendous population growth and will continue to
do so, thus putting an even greater burden on scarce water
supplies. As water supplies become more scarce, communities are
increasingly looking to desalination as a way to create new
water.
The Federal Government can play a limited but important
role in developing desalination technologies. The Water
Desalination Act of 1996 authorizes the Secretary of the
Interior to ``conduct, encourage, and assist in the financing
of research to develop processes for converting saline water
into water suitable for beneficial uses.'' This legislation
amends the Water Desalination Act to authorize up to $2.5
million in Federal funds to assist the Municipal Water District
of Orange County in conducting preliminary engineering and
environmental studies on the Dana Point Desalination Project.
If found feasible under Bureau of Reclamation standards and
guidelines, this relatively small project would use a unique
subsurface ocean intake system to reduce impacts on the
environment, cut down on pre-treatment costs related to
desalination and deliver approximately 15,000 to 20,000 acre-
feet of water per year to water consumers in Orange County.
Committee Action
H.R. 3929 was introduced on September 28, 2005, by
Congressman Ken Calvert (R-CA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. The bill was additionally
referred to the Committee on Science. On October 6, 2005 the
Subcommittee held a hearing on the bill. On November 16, 2005,
the Full Resources Committee met to consider the bill. The
Subcommittee on Water and Power was discharged from further
consideration of the bill by unanimous consent. Congressman
George Radanovich (R-CA) offered an amendment to place a 10-
year sunset on the bill's authorization. The amendment was
adopted by unanimous consent. The bill, as amended, was then
ordered favorably reported to the House of Representatives by
unanimous consent.
Section-by-Section Analysis
Section 1. Short Title
This section cites the short title of this bill as the
``Dana Point Desalination Project Authorization Act.''
Section 2. Authorization for Dana Point Desalination Project
The section amends the Water Desalination Act of 1996
(Public Law 104-298) to authorize the Secretary of the Interior
to assist the Municipal Water District of Orange County in
studies and preliminary engineering of the Dana Point
Desalination Project located in Dana Point, California. As
amended, this section also specifies that the Federal cost
share of the project cannot exceed 25 percent, authorizes $2.5
million for Federal assistance, and limits the Federal
authorization to 10 years.
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 Water Desalination Act
of 1996 to authorize the Secretary of the Interior to assist in
research and development, environmental and feasibility
studies, and preliminary engineering for the Municipal Water
District of Orange County, California, Dana Point Desalination
Project located at Dana Point, California.
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. 3929--Dana Point Desalination Project Authorization Act
Summary: H.R. 3929 would authorize the appropriation of
$2.5 million for research and development, environmental and
feasibility studies, and preliminary engineering to assist the
Municipal Water District of Orange County develop a
desalination plant in Dana Point, California. The authority
would terminate within 10 years and the Federal share of the
project's studies and initial engineering costs could not
exceed 25 percent.
Assuming appropriation of the authorized amount, CBO
estimates that implementing H.R. 3929 would cost $2.5 million
over the 2006-2007 period. Enacting the bill would not affect
direct spending or revenues.
H.R. 3929 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The bill would authorize funding for desalination activities
that would benefit the water district in Orange County,
California. Any costs to the water district would result from
complying with conditions for receiving Federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3929 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
For this estimate, CBO assumes that H.R. 3929 will be
enacted near the end of calendar year 2005 and that the
authorized amount will be appropriated in fiscal year 2006.
Based on historical spending patterns of similar projects, CBO
estimates that implementing this bill would cost $2.5 million
over the 2006-2007 period.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2006 2007 2008 2009 2010
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 3 0 0 0 0
Estimated Outlays.................................................. 2 1 0 0 0
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Intergovernmental and private-sector impact: H.R. 3929
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on State, local, or tribal governments. The bill would
authorize funding for desalination activities that would
benefit the water district in Orange County, California. Any
costs to the water district would result from complying with
conditions for receiving Federal assistance.
Estimate prepared by: Federal Costs: Matthew Pickford.
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.
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.
Cost Estimate Correspondence
House of Representatives,
Committee on Resources,
Washington, DC, December 8, 2005.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: I ask your assistance in expediting
consideration of H.R. 3929, the Dana Point Desalination Project
Authorization Act, authored by our mutual committee colleague
Ken Calvert. The bill was referred primarily to the Committee
on Resources and additionally to the Committee on Science. The
Committee on Resources ordered the bill favorably reported with
an amendment by unanimous consent on November 16, 2005, and my
staff has transmitted to your staff a copy of the draft bill
report and the reported text.
I ask that you allow the Committee on Science to be
discharged from further consideration of the bill in the hopes
we would be able to schedule it for a vote by the House of
Representatives soon. By allowing this to occur, I agree that
the Committee on Science has not waived its jurisdiction over
the measure, nor should this action be taken as precedent for
other bills. In addition, in the unlikely event that a
conference on H.R. 3929 becomes necessary, I would support the
Committee on Science's request to be represented on that
conference. Finally, I would be pleased to include this letter
and your response in the bill report for H.R. 3929.
Thank you for your consideration of my request, and I look
forward to seeing H.R. 3929 enacted soon.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Science,
Washington, DC, December 8, 2005.
Hon. Richard Pombo,
Chairman, Committee on Resources,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: I am writing to respond to your December
8, 2005 letter in which you requested that the Committee on
Science agree to be discharged from further consideration of
H.R. 3929, the Dana Point Desalination Project Authorization
Act.
We appreciate your Committee's acknowledgement of Science
Committee jurisdiction over this measure and your promise to
support a Science Committee request to be represented on any
House-Senate conference that may be convened on this measure
and a corresponding Senate bill. Given your Committee's
acknowledgement of our jurisdiction and in deference to your
desire to bring this legislation before the House in an
expeditious manner, I will not exercise this Committee's right
to consider H.R. 3929.
Finally, I would appreciate if this exchange of letters
could be included in the report for H.R. 3929.
Thank you for your consideration in this matter.
Sincerely,
Sherwood Boehlert,
Chairman.
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):
WATER DESALINATION ACT OF 1996
* * * * * * *
SEC. 10. DANA POINT DESALINATION RESEARCH AND FEASIBILITY RELATED
COSTS.
(a) Authority.--The Secretary may assist in research and
development, environmental and feasibility studies, and
preliminary engineering for the Municipal Water District of
Orange County, California, Dana Point Desalination Project
located at Dana Point, California.
(b) Federal Share.--Notwithstanding section 7, the Federal
share of the costs for the project assisted under subsection
(a) shall not exceed 25 percent of the total costs of the
project.
(c) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Secretary $2,500,000 to
carry out this section.
(d) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this section.