[Senate Report 115-102]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 132
                                                       
115th Congress    }                                           {    Report
                                 SENATE
 1st Session      }                                           {   115-102

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    WICHITA PROJECT EQUUS BEDS DIVISION AUTHORIZATION EXTENSION ACT

                                _______
                                

                  June 8, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 703]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 703) to extend the authority of the 
Secretary of the Interior to carry out the Equus Beds Division 
of the Wichita Project, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                Purpose

    The purpose of S. 703 is to extend the authority of the 
Secretary of the Interior to carry out the Equus Beds Division 
of the Wichita Project.

                          Background and Need

    Water is supplied to the City of Wichita, Kansas from the 
Cheney Reservoir and the Equus Beds aquifer. The Cheney 
Reservoir is impounded by the Cheney Dam, which Congress 
authorized in 1960 with the enactment of Public Law 86-787. The 
Cheney Dam and Reservoir make up the Cheney Division of the 
Bureau of Reclamation's Wichita Project. Artificial recharge of 
the Equus Beds aquifer is needed to ensure the city can meet 
future water demand during periods of prolonged drought.
    To meet this demand, in 2006, Congress enacted the Wichita 
Project Equus Beds Division Authorization Act of 2005 (Public 
Law 109-299), which amended Public Law 86-787. The amendment 
authorized the Bureau of Reclamation (BOR) to enter into 
agreements with the City of Wichita to fund and implement the 
Equus Beds Division of the Wichita Project. The authorization, 
which allows the BOR to provide up to 25 percent or $30 million 
(indexed from January 2003) of the total estimated project 
costs, expired in October 2016 prior to completion of the 
project. The Equus Beds Aquifer Storage and Recovery Project is 
a major component of the City of Wichita's Drought Response 
Plan to increase and sustain drought protection through 2060. 
The project is intended to improve drought resilience by 
recharging groundwater and protecting the Equus Beds Aquifer 
against salt and contaminant intrusion.
    S. 703 will extend the project's authorization by an 
additional 10 years to allow continued BOR participation in the 
Equus Beds Aquifer Storage and Recovery Project.

                          Legislative History

    Senators Moran and Roberts introduced S. 703 on March 22, 
2017.
    In the 114th Congress, Senators Moran and Roberts 
introduced similar legislation, S. 2488, on February 3, 2016.
    The measure was included in Amendment No. 3234, which the 
Senate agreed to on April 19, 2016, as an amendment to S. 2012, 
the Energy Policy Modernization Act of 2016, which the Senate 
passed, as amended, on April 20, 2016.
    Representative Pompeo introduced companion legislation, 
H.R. 4440, in the House of Representatives on February 2, 2016.
    The Senate Committee on Energy and Natural Resources, in an 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommended that the Senate pass S. 
703.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on March 30, 2017, by a voice vote of a 
quorum present, recommended that the Senate pass S. 703.

                      Section-by-Section Analysis

    Section 1 provides the short title.
    Section 2 extends by 10 years the existing authorization 
for the Equus Beds Division of the Wichita Project by replacing 
``10 years'' with ``20 years'' in section 10(h) of Public Law 
86-787.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 703 would authorize the Bureau of Reclamation (BOR) to 
assist the city of Wichita, Kansas with implementing a local 
plan to recharge the groundwater of the Equus Beds Aquifer. The 
project consists of four phases and the city has completed 
phases I and II. The bill would authorize the BOR to assist the 
city with the final phases of the project over the next 10 
years.
    Based on information from the BOR, and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing the legislation would cost $30 million over the 
2018-2022 period.
    Enacting S. 703 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
also estimates that enacting the bill would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 703 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.
    The CBO Staff contact for this estimate is Aurora Swanson 
(Federal Costs), Jon Sperl (Impacts on State, Local and Tribal 
Governments), and Amy Petz (Impact on the Private Sector). The 
estimate was approved by H. Samuel Papenfuss, 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 S. 703.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic 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 S. 703, as ordered reported.

                   Congressionally Directed Spending

    S. 703, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    Executive Communications were not requested by the Senate 
Committee on Energy and Natural Resources in the 115th 
Congress.

                        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 
the original 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):

                           Public Law 86-787


As amended by Public Law 109-299

           *       *       *       *       *       *       *



SEC. 10. EQUUS BEDS DIVISION.

    (a) Authorization.--The Secretary of the Interior may 
assist in the funding and implementation of the Equus Beds 
Aquifer Recharge and Recovery Component which is a part of the 
`Integrated Local Water Supply Plan, Wichita, Kansas' (referred 
to in this section as the `Equus Beds Division'). Construction 
of the Equus Beds Division shall be in substantial accordance 
with the plans and designs.
    (b) Operation, Maintenance, and Replacement.--Operation, 
maintenance, and replacement of the Equus Beds Division, 
including funding for those purposes, shall be the sole 
responsibility of the City of Wichita, Kansas. The Equus Beds 
Division shall be operated in accordance with applicable laws 
and regulations.
    (c) Agreements.--The Secretary of the Interior may enter 
into, or agree to amendments of, cooperative agreements and 
other appropriate agreements to carry out this section.
    (d) Administrative Costs.--From funds made available for 
this section, the Secretary of the Interior may charge an 
appropriate share related to administrative costs incurred.
    (e) Plans and Analyses Consistent With Federal Law.--Before 
obligating funds for design or construction under this section, 
the Secretary of the Interior shall work cooperatively with the 
City of Wichita, Kansas, to use, to the extent possible, plans, 
designs, and engineering and environmental analyses that have 
already been prepared by the City for the Equus Beds Division. 
The Secretary of the Interior shall assure that such 
information is used consistent with applicable Federal laws and 
regulations.
    (f) Title; Responsibility; Liability.--Nothing in this 
section or assistance provided under this section shall be 
construed to transfer title, responsibility, or liability 
related to the Equus Beds Division (including portions or 
features thereof) to the United States.
    (g) Authorization of Appropriations.--There is authorized 
to be appropriated as the Federal share of the total cost of 
the Equus Beds Division, an amount not to exceed 25 percent of 
the total cost or $30,000,000 (January, 2003 prices), whichever 
is less, plus or minus such amounts, if any, as may be 
justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indexes applicable to 
the type of construction involved herein, whichever is less. 
Such sums shall be nonreimbursable.
    (h) Termination of Authority.--The authority of the 
Secretary of the Interior to carry out any provision of this 
section shall terminate [10 years] 20 years after the date of 
enactment of this section.