[House Report 111-82]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-82

======================================================================



 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1145) TO IMPLEMENT A 
   NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE, AND FOR OTHER 
                                PURPOSES

                                _______
                                

   April 22, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Arcuri, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 352]

    The Committee on Rules, having had under consideration 
House Resolution 352, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1145, the 
``National Water Research and Development Initiative Act of 
2009,'' under a structured rule. The resolution provides for 
one hour of general debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Science and Technology.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
in the nature of a substitute recommended by the Committee on 
Science and Technology shall be considered as an original bill 
for the purpose of further amendment. The committee amendment 
in the nature of a substitute shall be considered as read. All 
points of order against the committee amendment are waived 
except those arising under clause 10 of rule XXI. This waiver 
does not affect the point of order available under clause 9 of 
rule XXI (regarding earmark disclosure).
    The resolution makes in order only those amendments printed 
in this report. Each such amendment may be offered only in the 
order printed, may be offered only by a Member designated, 
shall be considered as read, shall be debatable for the time 
specified equally divided and controlled by the proponent and 
an opponent, and shall not be subject to amendment or demand 
for division of the question. The resolution waives all points 
of order against such amendments except those arising under 
clause 9 or 10 of rule XXI. Finally, the resolution provides 
one motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the bill's 
consideration (except those arising under clause 9 or 10 of 
rule XXI) includes a waiver of clause 4(a) of rule XIII 
(requiring a three-day layover of a committee report). Although 
the rule waives all points of order against the committee 
amendment in the nature of a substitute (except those arising 
under clause 10 of rule XXI), the Committee is not aware of any 
points of order. The waiver of points of order against the 
committee amendment in the nature of a substitute is 
prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 59

    Date: April 22, 2009.
    Measure: H.R. 1145.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for the following amendments, to be separately 
considered, each debatable for 10 minutes equally divided: (1) 
Rep. Hastings, Doc (WA), #13, which would add to interagency 
committee duties an identification of agency barriers to new 
water storage; (2) Rep. Hastings, Doc (WA), #15, which would 
add to the water research and development plan improvement of 
hydropower generation technology to increase generation 
efficiency; (3) Rep. Linder, John (GA), #40, which would create 
a commission to develop a comprehensive water strategy to 
address America's long-term water needs. The commission is to 
be composed of nine members to be appointed by the President, 
the House Speaker, and the Senate Majority Leader; (4) Rep. 
Miller, Candice (MI), #30, which would prohibit consideration 
or promotion of policies that would undermine or interfere with 
the principles of the Great Lakes--St. Lawrence River Basin 
Water Resources Compact (Public Law 110-342); and (5) Rep. 
Roskam, Peter (IL), #36, which would strike the bill's 
authorization of funds. It also would terminate the provisions 
of the Act if the OMB Director determines that the Act has 
resulted in an increase in the expenditures of any Federal 
agency participating in the interagency committee.
    Results: Defeated 2-7.
    Vote by members: McGovern--Nay; Cardoza--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Foxx--
Yea; Slaughter--Nay.

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    1. Gordon (TN) Would require that the National Water 
Research Development Plan specified in the bill be revised and 
resubmitted to Congress every 4 years after its initial 
submission. Also, it would authorize appropriations of $2 
million for each of fiscal years 2013 and 2014. It also would 
(1) require review of measures related to abating water quality 
impairment, (2) require the committee to work with institutions 
of higher education, (3) require cooperation with commercial 
end users, (4) require relevant information be posted on a 
public website, and (5) require research into watershed 
hydrology. It would require that the plan include a focus on 
the (1) development of the effect of invasive species on water 
supplies, (2) development of technologies to treat eutrophic 
water bodies, (3) development of a program to assist state and 
local regions regarding land conservation, (4) improvement of 
understanding of chemical impairments to water supply and 
quality, and (5) identification of whether a need exists for 
additional water research facilities. It requires the Director 
of the Office of Science and Technology Policy to write to 
Congress and evaluate the budget as it relates to water 
research. It expresses the sense of Congress that the 
interagency committee should collaborate with public 
institutions of higher education. It requires the EPA to 
establish a pilot program exploring the use of energy audits of 
water-related infrastructure to identify energy and water 
saving opportunities. (40 minutes)
    2. Kosmas (FL)/Driehaus (OH) Would direct agencies under 
the interagency committee to assess the impact of natural 
disasters, such as floods, hurricanes, and tornadoes on water 
resources. (10 minutes)
    3. Hastings, Doc (WA) Would add to the water research and 
development plan an assessment of potential water storage 
projects that would enhance water supply, water planning, and 
other beneficial uses. (10 minutes)
    4. Cardoza (CA) Would direct the Secretary of the Interior 
and the National Academy of Science to study the impact of 
changes to snow pack, including snow pack in the Sierra 
Nevadas, on water resources and its relation to water supply, 
including the Sacramento-San Joaquin Delta. (10 minutes)
    5. Brown-Waite (FL) Would require agencies included in the 
interagency committee to work on improvement of understanding 
of water-intensive sectors of the economy and industrial needs 
for water. (10 minutes)
    6. Arcuri, Michael (NY) Would require the plan to include 
improvement of understanding of competing water supply uses and 
how different uses interact with and impact each other. (10 
minutes)
    7. Kirk (IL)/Quigley, Mike (IL) Would add to the plan a 
direction that agencies included in the interagency committee 
work to achieve projection of the long-term ice cover and water 
level outlook for major water bodies in the United States, 
including the Great Lakes, the potential impacts of the results 
of such projections on infrastructure, and resource management 
options based on such projections. (10 minutes)
    8. Teague, Harry (NM) Would require that the plan's 
analysis of the energy required to provide reliable water 
supplies and the water required for the production of 
alternative and renewable energy resources. (10 minutes)
    9. Roskam (IL) Would require GAO to study whether any of 
the requirements of the underlying legislation are duplicative 
of existing programs. Prior to implementation of the bill, the 
President will, based upon the GAO report, determine whether 
the programs are duplicative or not. If the President differs 
in his determination from the GAO conclusions, he must offer a 
justification for his determination. The effective date is 
delayed until the President has made that determination. (10 
minutes)
    10. Blumenauer (OR) Would create a wastewater and 
stormwater reuse and recycling technology demonstration program 
within the Environmental Protection Agency. Under the program, 
the Assistant Administrator for Research and Development would 
develop and fund projects to demonstrate, evaluate, and test 
the techniques and technologies to reuse and recycle stormwater 
and wastewater at the building, site, neighborhood, and 
watershed scales for urban, industrial, agricultural, 
environmental, and recreational uses as well as to augment 
potable water supplies. (10 minutes)
    11. Shadegg (AZ) Would require the interagency committee to 
identify and recommend against duplication of Federal water-
related research, development, and technological innovation 
activities by more than one agency or program. It also would 
require the President to ensure that Federal agencies do not 
request appropriations for activities duplicated by state, 
local, and tribal governments. (10 minutes)
    12. Moore, Gwen (WI) Would require the interagency 
committee to assess the role of Federal water research funding 
in helping to develop the next generation of scientists and 
engineers at institutions of higher education. (10 minutes)

         TEXT OF AMENDMENTS TO BE MADE IN ORDER UNDER THE RULE

1. An amendment To Be Offered By Representative Gordon of Tennessee, or 
                 His Designee, Debatable for 40 Minutes

  Page 2, line 10, strike ``use,'' and insert ``use, 
quality,''.

  Page 2, beginning on line 12, strike ``efficiency and 
conservation'' and insert ``efficiency, conservation, and 
measures to abate water quality impairment''.

  Page 2, line 24, strike ``supply,'' and insert ``supply and 
water quality,''.

  Page 3, line 20, strike ``with'' and insert ``with 
institutions of higher education,''.

  Page 3, line 22, strike ``and'' and insert ``water resources 
managers, commercial end users, and''.

  Page 4, after line 6, insert the following (and redesignate 
subsequent provisions accordingly):

                  (F) provide guidance on outreach to 
                institutions of higher education (as defined in 
                section 101(a) of the Higher Education Act of 
                1965 (20 U.S.C. 1001(a)) that are located in an 
                area affected by drought and encourage such 
                institutions to apply for funding opportunities 
                specified in the plan;

  Page 5, line 13, strike ``and others'' and insert ``public-
private collaborations, commercial end users, and others''.

  Page 5, line 16, strike ``public'' and insert ``public, 
including through a publicly accessible website,''.

  Page 7, line 10, strike ``period'' and insert ``period as 
noticed on the Office's website''.

  Page 7, line 14, strike the period at the end and insert the 
following: ``and revised and resubmitted every 4 years 
thereafter.''

  Page 8, line 2, strike the period at the end and insert the 
following: ``and technologies, including techniques and 
technologies that provide publicly generated data useful to 
water managers.''

  Page 8, line 21, strike the period at the end and insert the 
following: ``, including spatial and temporal variation in 
natural supply, watershed hydrology, human and ecological 
demand, and infrastructure.''

  Page 9, after line 17, insert the following:

          (15) Development of resources to investigate the 
        effects of invasive species on water supplies.
          (16) Development of technologies and practices to 
        treat eutrophic water bodies, including rivers, 
        estuaries, and coastal waters.
          (17) Development of tools to assist local water 
        resource managers in anticipating changing water 
        availability and use patterns in the preparation of a 
        strategic plan for sustainable future operations.
          (18) Development of a program to offer technical and 
        planning assistance to States, localities, and regions 
        that use or are planning to use land conservation as a 
        method to protect water quality, as well as an analysis 
        of the impact of land conservation on watershed 
        hydrology.
          (19) Improvement of understanding of the impacts from 
        chemical impairments, including contaminants of 
        emerging concern, such as endocrine disrupting 
        compounds, pharmaceuticals, and personal care products, 
        on water supply and quality.
          (20) Analyses of the Nation's water research 
        facilities and identification of whether a need exists 
        for additional facilities.

  Page 10, after line 5, insert the following:

  (c) Evaluation.--Not later than 30 days after the submission 
of the President's annual budget request to Congress, the 
Director of the Office of Science and Technology Policy shall 
write a letter to Congress evaluating the budget as it relates 
to Federal water research and the success of the interagency 
committee in meeting the outcomes listed in section 2(d).

  Page 10, line 7, strike ``The'' and insert the following:

  (a) In General.--The

  Page 10, after line 9, insert the following:

  (b) Sense of Congress.--It is the sense of Congress that the 
interagency committee should collaborate with public 
institutions of higher education whenever possible.

  Page 10, line 18, strike the period at the end and insert the 
following: ``and the indicators used to measure such 
progress.''

  Page 12, after line 6, insert the following (and redesignate 
subsequent provisions accordingly):

SEC. 8. WATER RESOURCE RESEARCH INSTITUTES.

  (a) Support; Coordinated Plan.--Section 104(b) of the Water 
Resources Research Act of 1984 (42 U.S.C. 10303) is amended--
          (1) in paragraph (1), by striking ``, and'' at the 
        end and inserting a semicolon;
          (2) in paragraph (2), by striking the period at the 
        end and inserting a semicolon; and
          (3) by inserting after paragraph (2) the following:
          ``(3) support the goals of the National Water 
        Research and Development Initiative; and
          ``(4) submit to the interagency committee under 
        section 2(b) of the National Water Research and 
        Development Initiative Act of 2009 a single, 
        coordinated, annual report that identifies future water 
        research needs.''.
  (b) Types of Research and Development.--Section 108 of such 
Act (42 U.S.C. 10307) is amended--
          (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
          (2) in paragraph (10), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(11) Technical research on prevention and removal 
        of contaminants of emerging concern, including 
        endocrine disrupting compounds, pharmaceuticals, and 
        personal care products, in water resources.''.

SEC. 9. PILOT PROGRAM.

  The Administrator of the Environmental Protection Agency 
shall establish a national pilot program exploring the use of 
energy audits of water related infrastructure to identify 
energy and water saving opportunities. As part of the program, 
each participating entity shall receive an Energy Star 
Benchmarking energy performance score to provide an initial 
screening of that entity, as well as an ongoing tracking 
measure to compare their energy performance against similar 
entities nationwide.

  Page 12, line 13, strike ``and'' after the semicolon.

  Page 12, line 14, strike the period at the end and insert a 
semicolon.

  Page 12, after line 14, insert the following:

          (4) $2,000,000 for fiscal year 2013; and
          (5) $2,000,000 for fiscal year 2014
                              ----------                              


 2. An Amendment To Be Offered By Representative Kosmas of Florida, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of section 2(d) of the bill, add the following 
(with the correct sequential provision designations [replacing 
numbers currently shown for such designations]):

          (15) Assessment of the impacts of natural disasters, 
        including floods, hurricanes, and tornadoes, on water 
        resources.
                              ----------                              


3. An Amendment To Be Offered by Representative Hastings of Washington, 
               or His Designee, Debatable for 10 Minutes

  In section 2(d), add at the end the following new paragraph:

          (15) Assessment of potential water storage projects 
        that would enhance water supply, water planning, and 
        other beneficial uses.
                              ----------                              


4. An Amendment To Be Offered by Representative Cardoza of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 9. STUDY.

  Not later than 90 days after the date of enactment of this 
Act, the Secretary of the Interior shall enter into an 
arrangement with the National Academy of Sciences for a study 
on the impact of changes in snow pack, including snow pack from 
the Sierra Nevada, on water resources and its relation to water 
supply, including the Sacramento-San Joaquin Delta.
                              ----------                              


5. An Amendment To Be Offered by Representative Brown-Waite of Florida, 
               or Her Designee, Debatable for 10 Minutes

  At the end of section 2(d) of the bill, add the following 
(with the correct sequential provision designations [replacing 
numbers currently shown for such designations]):

          (15) Improvement of understanding of water-intensive 
        sectors of the economy and industrial needs for water.
                              ----------                              


6. An Amendment To Be Offered by Representative Arcuri of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of section 2(d) of the bill, add the following 
(with the correct sequential provision designations [replacing 
numbers currently shown for such designations]):

          (15) Improvement of understanding of competing water 
        supply uses and how different uses interact with and 
        impact each other.
                              ----------                              


 7. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of section 2(d) of the bill, add the following 
(with the correct sequential provision designations [replacing 
numbers currently shown for such designations]):

          (15) Projection of long-term ice cover and water 
        level outlook for major water bodies in the United 
        States, including the Great Lakes, the potential 
        impacts of the results of such projections on 
        infrastructure, and resource management options based 
        on such projections.
                              ----------                              


 8. An Amendment To Be Offered by Representative Teague of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  Page 8, line 25, strike the period at the end and insert the 
following: ``, including analyses of the amount, proximity, and 
type of water required for the production of alternative and 
renewable energy resources.''
                              ----------                              


9. An Amendment To Be Offered by Representative Roskam of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 9. GAO STUDY AND EFFECTIVE DATE.

  (a) Study.--The Government Accountability Office shall 
conduct a study, and prepare a report, on whether the 
requirements of this Act are duplicative of existing programs 
that provide for water research, development, demonstration, 
data collection and dissemination, education, and technology 
transfer activities regarding changes in water use, supply, and 
demand in the United States, including an analysis of the State 
Water Resources Research Institute Program (authorized by 
section 104 of the Water Resources Research Act of 1984, and 
organized as the National Institutes for Water Resources), the 
United States Global Change Research Program, and subtitle F of 
title IX of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11).
  (b) Presidential Determination.--
          (1) In general.--The President shall determine 
        whether the contents of the report prepared under 
        subsection (a)--
                  (A) support the implementation of sections 1 
                through 8 of this Act; or
                  (B) support a conclusion that such sections 
                should not take effect.
          (2) Justification.--If the President makes a 
        determination under paragraph (1) that differs from the 
        recommendations of the Government Accountability 
        Office, the President shall provide a justification for 
        the difference.
  (c) Effective Date.--Sections 1 through 8 of this Act shall 
not take effect unless the President has made an affirmative 
determination under subsection (b)(1)(A).
                              ----------                              


10. An Amendment To Be Offered by Representative Blumenauer of Oregon, 
               or His Designee, Debatable for 10 Minutes

  Insert after section 7 the following (and redesignate 
subsequent provisions accordingly):

SEC. 8. WASTEWATER AND STORMWATER REUSE TECHNOLOGY DEMONSTRATION 
                    PROGRAM.

  (a) In General.--In consultation with the interagency 
committee, the Assistant Administrator for Research and 
Development at the Environmental Protection Agency shall 
establish a wastewater and stormwater reuse and recycling 
technology demonstration program, consistent with section 
2(d)(3).
  (b) Activities.--Under the program established in subsection 
(a), the Assistant Administrator shall develop and fund 
projects to demonstrate, evaluate, and test the techniques and 
technologies to reuse and recycle stormwater and wastewater at 
the building, site, neighborhood, and watershed scales for 
urban, industrial, agricultural, environmental, and 
recreational uses as well as to augment potable water supplies.
                              ----------                              


11. An Amendment To Be Offered by Representative Shadegg of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  Page 3, after line 17, insert the following (and correct 
sequential provision designations accordingly):

                  (D) identify Federal water-related research, 
                development, and technological innovation 
                activities that are duplicated by more than one 
                Federal agency or program and make 
                recommendations to the President on how to 
                avoid such duplication;

  Page 6, line 22, insert the following (and correct sequential 
provision designations accordingly):

                  (C) identify Federal water-related research, 
                development, and technological innovation 
                activities that are duplicative of such 
                activities occurring at the State, local, and 
                tribal government level;

  Page 10, after line 5, insert the following:

  (c) Elimination of Duplicative Efforts.--The President, in 
carrying out the activities under subsections (a) and (b), 
shall ensure that each Federal agency participating in the 
Initiative shall not request appropriations for activities 
identified under section 2(c)(2)(C).
                              ----------                              


12. An Amendment To Be Offered by Representative Moore of Wisconsin, or 
                 Her Designee, Debatable for 10 Minutes

  Page 4, line 11, strike ``and''.

  Page 4, line 24, strike the period at the end and insert ``; 
and''.

  Page 4, after line 24, insert the following:

                  (H) assess the role of Federal water research 
                funding in helping to develop the next 
                generation of scientists and engineers at 
                institutions of higher education.

                                  
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