[Senate Report 112-189]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 465
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-189

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



 
                WATER RESOURCES RESEARCH AMENDMENTS ACT 
                                OF 2012

                                _______
                                

                 July 19, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2104]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2104) to amend the Water Resources Research 
Act of 1984 to reauthorize grants for and require applied water 
supply research regarding the water resources research and 
technology institutes established under that Act, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                    General Statement and Background

    The Water Resources Research Act of 1964 (P.L. 88-379) 
provided for the establishment of a Water Resources Research 
Institute at the land grant college in each of the fifty states 
and U.S. territories. The institutes were charged with (1) 
arranging for competent research that addresses water problems 
or expands understanding of water and water-related phenomena, 
(2) aiding the entry of new research scientists into the water 
resources fields, (3) helping to train future water scientists 
and engineers, and (4) getting results of sponsored research to 
water managers and the public. The program is administered by 
the U.S. Geological Survey as the Water Resources Research Act 
Program under the general guidance of the Secretary of the 
Interior.
    The Water Resources Research Act of 1984 reauthorized 
appropriations for the program; it has since been reauthorized 
in the 101st, 104th, 106th, and 109th Congresses. The most 
recent authorization expired in FY2011.
    The Water Resources Research Amendments Act of 2012 
authorizes $7,500,000 per year for grants to each institute to 
fund research that fosters: (a) improvements in water supply 
reliability; (b) the exploration of new ideas that address 
water problems or expand understanding of water and water-
related phenomena; (c) the entry of new scientists, engineers 
and technicians into water resources field; and the 
dissemination of research to water managers and the public. 
Grants must be matched by two-to-one with non-federal funding. 
In FY 2010, Congress appropriated approximately $5,500,000 for 
this grant program resulting in a $92,335 base grant for each 
institute.
    The Water Resources Research Amendments Act further 
authorizes a national competitive grant program to address 
regional water issues that is authorized at $1,500,000 per 
year. In FY 2010 approximately $1,000,000 was appropriated. 
These competitive grants must be matched one-to-one with non-
federal funding.

                     Objectives of the Legislation

    The Water Resources Research Amendments Act reauthorizes 
the Water Resources Research Act of 1984, which provides grant 
funding to 54 established Water Resources Research Institutes 
in each state, territory and the District of Columbia for 
applied water supply research. It also adds an additional focus 
research related to increasing the effectiveness and efficiency 
of new and existing treatment works through alternative 
approaches and expands the existing program reporting 
requirement to include status reporting on the grant funding 
matches.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that the Act may be cited as the 
Water Resources Research Amendments Act of 2012''.

Section 2. Water Resources Research Act amendments

    Subsection (a) amends 42 U.S.C. 10301 to declare that 
additional research is required into water-related alternative 
technologies, including: (1) nonstructural alternatives; (2) 
decentralized approaches; (3) water use efficiency; and (4) 
actions to reduce energy consumption or extract energy from 
wastewater.
    Subsection (b) amends 42 U.S.C. 10303(b)(1) to clarify the 
scope of research to be performed by the funded institutes.
    Subsection (c) amends 42 U.S.C. 10303(c) to require the 
Secretary of the Interior to report annually to the Committee 
on Environment and Public Works and the Committee on the Budget 
of the United States Senate, and the Committee on 
Transportation and Infrastructure and Committee on the Budget 
of the United States House of Representatives, on the whether 
each funding recipient complied with the federal funding 
matching requirement during the preceding year.
    Subsection (d) amends 42 U.S.C. 10303(e) to require the 
Secretary to conduct a careful and detailed evaluation of the 
quality, relevance and effectiveness of the research of each 
institute at least once every five years. If the evaluation 
concludes that an institute is not relevant or effective, no 
further grants to the institute may be provided until the 
qualifications of the institute are reestablished to the 
satisfaction of the Secretary.
    Subsection (e) amends 42 U.S.C. 10303(f)(1) to authorize 
appropriations of $7,500,000 for each of the fiscal years 2012 
through 2017.
    Subsection (f) amends 42 U.S.C. 10303(g)(1) to authorize 
appropriations of $1,500,000 for each of the fiscal years 2012 
through 2017 for research focused on water problems of 
interstate nature.

                          Legislative History

    The Water Resources Research Amendments Act of 2012 (S. 
2104) was introduced by Senator Cardin on February 14, 2012 and 
is co-sponsored by Senators Boxer, Inhofe, Sessions, Boozman 
and Tom Udall. The bill was received, read twice and referred 
to the Committee on Environment and Public Works. The Committee 
met to consider S. 2104 on June 21, 2012. The bill was ordered 
favorably reported by voice vote.
    Similar legislation (S. 3363) was approved by the 
Environment and Public Works Committee in the 111th Congress. 
The Water Resources Research Act was first authorized in 1964, 
and was most recently authorized in 2006 in Public Law 109-471, 
the Water Resources Research Act Amendments of 2006. The 
current authorization expired in Fiscal Year (FY) 2011.

                                Hearings

    No committee hearings were held on S. 2104.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2104 on June 21, 2012. The bill was ordered 
favorably reported by voice vote. No rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2104 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee notes that the Congressional 
Budget Office found, ``S. 2104 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) and would impose no costs on state, local, or 
tribal governments.''

               Congressional Budget Office Cost Estimate

                                                      July 2, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2104, the Water 
Resources Research Amendments Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2104--Water Resources Research Amendments Act of 2012

    Summary: S. 2104 would reauthorize grants from the U.S. 
Geological Survey to colleges and universities to support 
research related to increasing the effectiveness and efficiency 
of new and existing water treatment systems. This legislation 
would authorize the appropriation of $7.5 million a year over 
the 2013-2017 period for such grants. In addition, S. 2104 
would authorize the appropriation of $1.5 million annually over 
the 2013-2017 period for the Secretary of the Interior to fund 
additional research and to synthesize the results of research 
conducted by colleges and universities on interstate water 
issues.
    Assuming appropriation of the authorized funds, CBO 
estimates that implementing S. 2104 would cost $42 million over 
the 2013-2017 period. Enacting S. 2104 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    S. 2104 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2104 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--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Research Grants:
    Authorized Level....................................        8        8        8        8        8        38
    Estimated Outlays...................................        6        7        8        8        8        35
Funding for Additional Research:
    Authorization Level.................................        2        2        2        2        2         8
    Estimated Outlays...................................        1        2        2        2        2         7
      Total Changes:
          Authorization Levela..........................        9        9        9        9        9        45
          Estimated Outlays.............................        7        8        9        9        9       42
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
aThe United States Geological Survey received a $7 million appropriation in 2012 for the Water Resources
  Research Act Program.

    Basis of estimate: For this estimate, CBO assumes that S. 
2104 will be enacted near the end of fiscal year 2012 and that 
the specified amounts will be appropriated for each year 
starting in 2013. Estimated outlays are based on historical 
spending patterns for those activities.
    Intergovernmental and private-sector impact: S. 2104 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit institutes of higher 
education that participate as research and technology centers 
under the Water Resources Act of 1984. Any costs to those 
entities would be incurred voluntarily as a condition of 
receiving federal assistance.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Melissa Merrell; Impact 
on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as 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:

           *       *       *       *       *       *       *


                               PL 98-242

  Sec. 101. This Act may be cited as the ``Water Resources 
Research Act of 1984''.
  Sec. 102. The Congress finds and declares that--
          (1) the existence of an adequate supply of water of 
        good quality for the production of materials and energy 
        for the Nation's needs and for the efficient use of the 
        Nation's energy and water resources is essential to 
        national economic stability and growth, and to the 
        well-being of the people;
          (2) the management of water resources is closely 
        related to maintaining environmental quality, 
        productivity of natural resources and agricultural 
        systems, and social well-being;
          (3) there is an increasing threat of impairment to 
        the quantity and quality of surface and groundwater 
        resources;
          (4) the Nation's capabilities for technological 
        assessment and planning and for policy formulation for 
        water resources must be strengthened at the Federal, 
        State, and local governmental levels;
          (5) there should be a continuing national investment 
        in water and related research and technology 
        commensurate with growing national needs;
          (6) it is necessary to provide for the research and 
        development of technology for the conversion of saline 
        and other impaired waters to a quality suitable for 
        municipal, industrial, agricultural, recreational, and 
        other beneficial uses;
          (7) additional research is required into increasing 
        the effectiveness and efficiency of new and existing 
        treatment works through alternative approaches, 
        including--
                  (A) nonstructural alternatives;
                  (B) decentralized approaches;
                  (C) water use efficiency; and
                  (D) actions to reduce energy consumption or 
                extract energy from wastewater;
          [(7)](8) the Nation must provide programs to 
        strengthen research and associated graduate education 
        because the pool of scientists, engineers, and 
        technicians trained in fields related to water 
        resources constitutes an invaluable natural resource 
        which should be increased, fully utilized, and 
        regularly replenished; [and]
          [(8)](9) long-term planning and policy development 
        are essential to ensure the availability of an abundant 
        supply of high quality water for domestic and other 
        uses; and
          [(9)](10) the States must have the research and 
        problem-solving capacity necessary to effectively 
        manage their water resources.

           *       *       *       *       *       *       *

  Sec. 104. (a) Establishment; designation of site by State 
legislature or Governor.--Subject to the approval of the 
Secretary of the Interior (hereafter in this chapter referred 
to as the ``Secretary'') under this section, one water 
resources research and technology institute, center, or 
equivalent agency (hereafter in this chapter referred to as the 
``institute'') may be established in each State (as used in 
this chapter, the term ``State'' includes the Commonwealth of 
Puerto Rico, the District of Columbia, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of the Mariana Islands 
and the Federated States of Micronesia) at a college or 
university which was established in accordance with the Act 
approved July 2, 1862 (12 Stat. 503) [7 U.S.C.A. Sec. 301 et 
seq.], or at some other institution designated by act of the 
legislature of the State concerned. If there is more than one 
such college or university in a State established in accordance 
with such Act of July 2, 1862, the institute in such State 
shall, in the absence of a designation to the contrary by act 
of the legislature of the State, be established at the one such 
college or university designated by the Governor of the State. 
Two or more States may cooperate in the establishment of a 
single institute or regional institute, in which event the sums 
otherwise allocated to institutes in each of the cooperating 
States shall be paid to such single or regional institute.
  (b) Scope of research; other activities; cooperation and 
coordination.--Each institute shall--
          (1) plan, conduct, or otherwise arrange for competent 
        applied and peer reviewed research that fosters--
                  (A) improvements in water supply reliability;
                  (B) the exploration of new ideas that--
                          (i) address water problems; or
                          (ii) expand understanding of water 
                        and [water-related phenomena]water 
                        resources;
                  (C) the entry of new research scientists, 
                engineers, and technicians into water resources 
                fields; and
                  (D) the dissemination of research results to 
                water managers and the public[.]; and

           *       *       *       *       *       *       *

  (c) Grants; matching funds.--
          [From the](1) In general.--From the sums appropriated 
        pursuant to subsection (f) of this section, the 
        Secretary shall make grants to each institute to be 
        matched on a basis of no less than 2 non-Federal 
        dollars for every 1 Federal dollar, such sums to be 
        used only for the reimbursement of the direct cost 
        expenditures incurred for the conduct of the water 
        resources research program.
          (2) Report.--Not later than December 31 of each 
        fiscal year, the Secretary shall submit to the 
        Committee on Environment and Public Works of the 
        Senate, the Committee on the Budget of the Senate, the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives, and the Committee on the 
        Budget of the House of Representatives a report 
        regarding the compliance of each funding recipient with 
        this subsection for the immediately preceding fiscal 
        year.
  [(e) Evaluation of water resources research program.--The 
Secretary shall conduct a careful and detailed evaluation of 
each institute at least once every 3 years to determine that 
the quality and relevance of its water resources research and 
its effectiveness at producing measured results and applied 
water supply research as an institution for planning, 
conducting, and arranging for research warrants its continued 
support under this section. If, as a result of any such 
evaluation, the Secretary determines that an institute does not 
qualify for further support under this section, then no further 
grants to the institute may be made until the institute's 
qualifications are reestablished to the satisfaction of the 
Secretary.]
  (e) Evaluation of Water Resources Research Program.--
          (1) In general.--The Secretary shall conduct a 
        careful and detailed evaluation of each institute at 
        least once every 5 years to determine--
                  (A) the quality and relevance of the water 
                resources research of the institute;
                  (B) the effectiveness of the institute at 
                producing measured results and applied water 
                supply research; and
                  (C) whether the effectiveness of the 
                institute as an institution for planning, 
                conducting, and arranging for research warrants 
                continued support under this section.
          (2) Prohibition on further support.--If, as a result 
        of an evaluation under paragraph (1), the Secretary 
        determines that an institute does not qualify for 
        further support under this section, no further grants 
        to the institute may be provided until the 
        qualifications of the institute are reestablished to 
        the satisfaction of the Secretary.
  (f) Authorization of appropriations in general.--
          (1) There is authorized to be appropriated to carry 
        out this section, to remain available until expended, 
        [$12,000,000 for each of fiscal years 2007 through 
        2011]$7,500,000 for each of fiscal years 2012 through 
        2017.
  (g) Additional appropriations where research focused on water 
problems of interstate nature.--
          (1) There is further authorized to be appropriated to 
        the Secretary of the Interior the sum of [$6,000,000 
        for each of fiscal years 2007 through 2011]$1,500,000 
        for each of fiscal years 2012 through 2017 only for 
        reimbursement of the direct cost expenses of additional 
        research or synthesis of the results of research by 
        institutes which focuses on water problems and issues 
        of a regional or interstate nature beyond those of 
        concern only to a single State and which relate to 
        specific program priorities identified jointly by the 
        Secretary and the institutes. Such funds when 
        appropriated shall be matched on a not less than 
        dollar-for-dollar basis by funds made available to 
        institutes or groups of institutes, by States or other 
        non-Federal sources. Funds made available under this 
        subsection shall remain available until expended.

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