[House Report 110-251]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-251

======================================================================
 
      AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION PROJECT

                                _______
                                

 July 23, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1503]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1503) to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary 
of the Interior to participate in the Avra/Black Wash 
Reclamation and Riparian Restoration Project, 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 ``Avra/Black Wash Reclamation and 
Riparian Restoration Project''.

SEC. 2. PROJECT AUTHORIZATION.

  (a) In General.--The Reclamation Wastewater and Groundwater Study and 
Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) 
is amended by adding at the end the following:

``SEC. 16__. AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION 
                    PROJECT, PIMA COUNTY, ARIZONA.

  ``(a) Authorization.--The Secretary, in cooperation with Pima County, 
Arizona, may participate in the planning, design, and construction of 
water recycling facilities and to enhance and restore riparian habitat 
in the Black Wash Sonoran Desert ecosystem in Avra Valley west of the 
metropolitan Pima County area.
  ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the cost of 
the project.
  ``(c) Limitation.--Federal funds provided under this section shall 
not be used for operation or maintenance of the project described in 
subsection (a).
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $14,000,000.
  ``(e) Use of Funds.--Federal funds provided under this section shall 
only be used for the design, planning and construction of water-related 
infrastructure.''.
  (b) Clerical Amendment.--The table of sections for Public Law 102-575 
is amended by inserting after the last item relating to title XVI the 
following:

``Sec. 16__. Avra/Black Wash Reclamation and Riparian Restoration 
Project, Pima County, Arizona.''.

                          Purpose of the Bill

    The purpose of H.R. 1503, as ordered reported, is to amend 
the Reclamation Wastewater and Groundwater Study and Facilities 
Act to authorize the Secretary of the Interior to participate 
in the Avra/Black Wash Reclamation and Riparian Restoration 
Project.

                  Background and Need for Legislation

    The extremely arid climate of the Tucson, Arizona, 
metropolitan area requires careful and innovative planning of 
both water supply and wastewater treatment systems.
    The proposed Avra Valley Reclamation and Riparian 
Restoration Site is located about 10 miles west of Tucson, 
Arizona, in Pima County. Currently the Pima County Avra Valley 
Wastewater Treatment Facility operates as a 1.2 million gallon-
a-day facility treating effluent from nearby Tucson. Processed 
wastewater is either percolated to recharge groundwater, or 
spread on mesquite riparian forest in Black Wash downstream 
from the treatment plant, creating valuable habitat for 
migrating birds and recreational opportunities for birders. The 
facility is facing a projected increase in flow to 4 million 
gallons-a-day and Pima County proposes to expand wastewater 
percolation and riparian habitat restoration, using recycled 
waste water to support new plantings and increased riparian 
habitat in the Black Wash area of Avra Valley. H.R. 1503 would 
amend Title XVI of the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize limited federal financial 
assistance for the planning, design, and construction of water 
recycling facilities to enhance and restore riparian habitat in 
the Black Wash Sonoran Desert ecosystem. The federal share for 
this project is $14,000,000.

                            Committee Action

    H.R. 1503 was introduced on March 13, 2007 by Rep. Raul M. 
Grijalva (D-AZ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water and Power. On May 17, 2007, the Subcommittee held a 
hearing on the bill. On June 12, 2007, the Subcommittee met to 
mark up the bill. Rep. Doug Lamborn (R-CO) offered an amendment 
requiring that federal funds under the bill only be used for 
the design, planning and construction of water-related 
infrastructure. It was adopted by unanimous consent. The bill 
was then forwarded to the Full Committee. On June 27, 2007, the 
Full Natural Resources Committee met to consider the bill. The 
bill was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title of the bill as the 
``Avra/Black Wash Reclamation and Riparian Restoration 
Project.''

Section 2. Project authorization

    Section 2 modifies the Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102-575, title 
XVI; 43 U.S.C. 390h et seq.) to include the Avra/Black Wash 
Reclamation and Riparian Restoration Project.
    This section also specifies that the Secretary of the 
Interior may participate in the project and that the federal 
government is responsible for up to 25 percent of the total 
cost of the project, and that no more than $14,000,000 dollars 
can be appropriated by Congress to be spent on this project.
    Federal funds under the bill will only be used for the 
design, planning and construction of water-related 
infrastructure and no federal funds can be used for the 
operation or maintenance of the project. The Committee notes 
that this provision allows federal funding for facilities to 
recycle municipal wastewater.

            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 Natural 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, as ordered reported, is to amend the 
Reclamation Wastewater and Groundwater Study and Facilities Act 
to authorize the Secretary of the Interior to participate in 
the Avra/Black Wash Reclamation and Riparian Restoration 
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:

H.R. 1503 Avra/Black Wash Reclamation and Riparian Restoration Project

    Summary: H.R. 1503 would authorize the Secretary of the 
Interior to participate in the planning, design, and 
construction of water recycling facilities and to enhance and 
restore riparian habitat in the Black Wash Sonoran Desert 
ecosystem in Avra Valley, Arizona.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1503 would cost $14 million 
over the 2008-2012 period. Enacting the bill would not affect 
direct spending or revenues.
    H.R. 1503 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Pima County, Arizona, would benefit from federal assistance 
authorized by the bill.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1503 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--
                                                 --------------------------------------------------------------------
                                                                 2008     2009     2010     2011   2012
------------------------------------------------------------------------------------------------- -------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level...................          4          5        5        0        0
Estimated Outlays...............................          2          6        6        0        0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2007 and that 
the necessary amounts will be appropriated for each year.
    H.R. 1503 would authorize the Secretary of the Interior to 
participate in the planning, design, and construction of water 
recycling facilities and to enhance and restore riparian 
habitat in the Black Wash Sonoran Desert ecosystem in Avra 
Valley, Arizona. The project would be constructed with the 
cooperation of Pima County, Arizona. Based on information from 
the Department of the Interior, CBO estimates that the project 
cost would total about $56 million.
    Under the legislation, the federal share of the cost of the 
project would be limited to the lesser of 25 percent of the 
total cost or $14 million. In addition, federal funds would not 
be available for operation and maintenance of the project once 
it is completed.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost $14 
million (25 percent of $56 million) over the 2008-2012 period.
    Intergovernmental and private-sector impact: H.R. 1503 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Pima County, Arizona, would benefit from 
federal assistance authorized by the bill.
    Estimate prepared by: Federal Costs: Tyler Kruzich; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1503 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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 italic and existing law in which no change is 
proposed is shown in roman):

     RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

                          (Public Law 102-575)

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``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.  16__.  Avra/Black Wash Reclamation and Riparian Restoration 
          Project, Pima County, Arizona.

           *       *       *       *       *       *       *


       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. 16__. AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION 
                    PROJECT, PIMA COUNTY, ARIZONA.

  (a) Authorization.--The Secretary, in cooperation with Pima 
County, Arizona, may participate in the planning, design, and 
construction of water recycling facilities and to enhance and 
restore riparian habitat in the Black Wash Sonoran Desert 
ecosystem in Avra Valley west of the metropolitan Pima County 
area.
  (b) Cost Sharing.--The Federal share of the cost of the 
project described in subsection (a) shall not exceed 25 percent 
of the cost of the project.
  (c) Limitation.--Federal funds provided under this section 
shall not be used for operation or maintenance of the project 
described in subsection (a).
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $14,000,000.
  (e) Use of Funds.--Federal funds provided under this section 
shall only be used for the design, planning and construction of 
water-related infrastructure.

           *       *       *       *       *       *       *


                                  
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