[Senate Report 107-288]
[From the U.S. Government Publishing Office]
Calendar No. 607
107th Congress Report
SENATE
2d Session 107-288
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RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT
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September 17, 2002.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2115]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2115) to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
design, and construction of a project to reclaim and reuse
wastewater within and outside of the service area of the
Lakehaven Utility District, Washington, having considered the
same, reports favorably thereon without amendment and
recommends that the Act do pass.
Purpose of the Measure
The purpose of H.R. 2115 is to authorize the Secretary of
the interior to participate in a project to reclaim and reuse
wastewater within and outside the service area of the Lakehaven
Utility District, Washington pursuant to the Reclamation
Wastewater and Groundwater Study and Facilities Act.
Background and Need
Title XVI of the Reclamation Projects Authorization and
Adjustment Act of 1992 (P.L. 102-575, 106 Stat. 4006)
authorized a program of wastewater reclamation and reuse
feasibility and demonstration projects within the Reclamation
States. The Federal share of costs was limited to 50 percent.
Partially in response to the number of requests for
participation in the program and the costs, P.L. 104-266
modified the program to limit the Federal share to 25 percent
of the total cost, with an overall cap of $20 million, and
required a feasibility analysis prior to the expenditure of any
funds for construction. The new requirements were not made
applicable to several very large projects, mainly in
California, authorized under title XVI. The 1996 Act also
included authorization for 18 additional water reclamation and
reuse projects in California, Utah, New Mexico, Nevada, and
Texas. Title XVI was again amended in October 1998 by P.L. 105-
321 to include authorization for the Willow Lake Natural
Treatment System Project in Oregon.
The use of reclaimed water in the arid West is significant,
especially in areas experiencing groundwater overdraft or
facing reduced freshwater supplies. While municipal uses are
the primary benefits of the program, there can be significant
indirect benefits for other consumptive uses, such as
agriculture, and non-consumptive uses, such as augmenting in-
stream flows or reducing depletions.
The Lakehaven Utility District is one of Washington's
largest water and sewer utilities providing 10.5 million
gallons of water a day to over 100,000 residents and numerous
corporate facilities in south King County and parts of Pierce
County. The demand for water from these sources has increased
to a point that the district may soon exceed safe water
production limits and has resulted in reduction of water levels
in all local aquifers.
The District has prepared a plan to construct additional
treatment systems at the two wastewater treatment plants in the
district, to improve pipeline distribution systems for
transporting water to the reuse areas, and systems to direct
water back to the aquifer system. The cost of these facilities
is estimated to be $38 million.
Legislative History
H.R. 2115 was introduced by Representative Smith on June 7,
2001, and passed the House of Representatives by voice vote on
December 5, 2001. A related measure, S. 1385, was introduced by
Senator Cantwell on August 3, 2001. A similar measure, S. 2301,
was favorably reported by the Committee during the 106th
Congress and passed the Senate on October 13, 2000. The
Subcommittee on Water and Power held a hearing on H.R. 2115 and
S. 1385 on June 6, 2002. At the business meeting on July 31,
2002, the Committee on Energy and Natural Resources ordered
H.R. 2115, favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 2115, as
described herein.
Section-by-Section Analysis
Section 1 amends the Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) by adding a new section 1635 as follows:
Subsection (a) authorizes the Secretary of the Interior to
work with the Lakehaven Utility District to plan, design,
acquire land for, and construct a project to reclaim and reuse
wastewater within and outside of the Lakehaven Utility
District.
Subsection (b) limits the Federal cost-share to an amount
not to exceed 25 percent.
Subsection (c) prohibits the Secretary from using any funds
for the operation and maintenance of the project being
authorized.
Section 2 provides for a clerical amendment to the
Reclamation Wastewater and Groundwater Study and Facilities
Act.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 6, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2115, an act to
amend the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Secretary of the Interior to
participate in the design, planning, and construction of a
project to reclaim and reuse wastewater within and outside of
the service area of the Lakehaven Utility District, Washington.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2115--An act to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior to participate in the design, planning, and
construction of a project to reclaim and reuse wastewater
within and outside of the service area of the Lakehaven Utility
District, Washington
Summary: H.R. 2115 would authorize the Secretary of the
Interior through the Bureau of Reclamation to participate in
the design, planning, and construction of a project to reclaim
and reuse wastewater in the Lakehaven Utility District. CBO
estimates that implementing H.R. 2115 would cost $88 million
over the 2003-2007 period, assuming appropriation of the
necessary amounts. H.R. 2115 would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply.
S. 2115 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
State and local governments might incur some costs to match the
federal funds authorized by this act, but those costs would be
voluntary.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 2115 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
--------------------------------------------
2003 2004 2005 2006 2007
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level...................................... 10 0 0 0 0
Estimated outlays.................................................. 1 1 1 2 3
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Basis of estimate: For this estimate, CBO assumes H.R. 2115
will be enacted near the start of fiscal year 2003 and that the
necessary funds will be appropriated. Based on information from
the Bureau of Reclamation, we estimate that the Lakehaven Water
Reclamation and Reuse Project would cost $38 million. H.R. 2115
would amend section 1615 of the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize funding for
this project. The act would limit the federal contribution to
25 percent of the project's total cost. CBO estimates that
implementing H.R. 2115 would cost the federal government $8
million over the 2003-2007 period and an additional $2 million
thereafter. The remaining project costs would be paid for with
nonfederal funds. Under H.R. 2115, the federal government would
not be authorized to fund the operation and maintenance of the
project.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 2115
contains no intergovernmental or private-sector mandates as
defined in UMRA. State and local governments might incur some
costs to match the federal funds authorized by this act, but
these costs would be voluntary.
Previous CBO estimate: On November 15, 2001, CBO prepared a
cost estimate for H.R. 2115 as ordered reported by the House
Committee on Resources on October 17, 2001. The two versions of
this legislation are identical, and the estimated costs are the
same, however, we now expect the legislation to be implemented
in 2003.
Estimate prepared by: Federal costs: Julie Middleton;
impact on state, local, and tribal governments: Marjorie
Miller; impact on the private sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, 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 H.R. 2115. 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 H.R. 2115.
Executive Communications
The pertinent legislative report received by the Committee
from the Department of the Interior setting forth Executive
agency recommendation relating to H.R. 2115 is set forth below:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, August 9, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter responds to your request for
the views of the Department of the Interior on S. 1385 and H.R.
2115, concerning the Lakehaven water reclamation project in the
state of Washington. This confirms testimony of Mark Limbaugh,
Director of External and Intergovernmental Affairs, Bureau of
Reclamation, on June 6. Although there are a few drafting
differences between S. 1385 and H.R. 2115, the bills are
effectively identical, and therefore, my statement is
applicable to both bills. The Department previously submitted
its views on H.R. 2115 to the House Resources Committee, by
letter of October 22, 2001. The Department opposes both bills.
S. 1385 and H.R. 2115 both authorize the Secretary of the
Interior (Secretary) to participate in the design, planning,
and construction of, and land acquisition for, the Lakehaven
water reclamation project in the state of Washington. H.R. 1385
and H.R. 2115 limit the Federal share of project costs to 25
percent of the total costs and restrict the Secretary from
providing funding for the operation and maintenance of this
project. While the Department strongly encourages local water
recycling efforts, we must oppose authorizing this additional
Federal recycling project for the reasons described below.
In 1992, Congress adopted, and the President signed, the
Reclamation Projects Authorization and Adjustment Act (Public
Law 102-575). Title XVI of this Act, the Reclamation Wastewater
and Groundwater Study and Facilities Act, authorized the
construction of five water reclamation and reuse projects. Four
of these projects are in California and the fifth is in
Arizona. The Secretary also was authorized to undertake a
program to identify other water recycling opportunities
throughout the 17 western United States, and to conduct
appraisal level and feasibility level studies to determine if
those opportunities are worthy of implementation. In addition,
the Secretary was authorized to conduct research and to
construct, operate, and maintain demonstration projects. The
Bureau of Reclamation has been administering a grant program to
fund these Title XVI activities since FY 1994.
In 1996, Public Law 104-266, the Reclamation Recycling and
Water Conservation Act, was enacted. This Act amended Title XVI
and authorized the Secretary to participate in the planning,
design, and construction of 18 additional projects, including
two desalination research anddevelopment projects. These new
projects are distributed within five states, including California,
Nevada, Utah, Texas, and New Mexico. Title XVI of P.L. 102-575 was
further amended in 1998 by Public Law 105-321, to authorize a project
in Salem, Oregon. Finally, Title XVI was amended twice in 2000, first
by Public Law 106-544, to authorize a project in Sparks, Nevada, and
then by Public Law 106-566, which provided the Secretary with general
authority to conduct planning studies in the State of Hawaii. To date,
Congress has provided funding to plan or construct 19 of these 25
specifically authorized projects. In addition, under the general
authority of Title XVI, funding has been provided to identify and
investigate, at the appraisal or feasibility level, eight potential
water recycling projects, and to conduct three research and
demonstration projects.
Municipal, industrial, domestic, and agricultural
wastewater reuse efforts can assist states and local
communities in solving contemporary water supply problems.
However, the Department opposes authorizing additional
construction projects in the absence of feasibility studies to
determine whether these particular projects warrant Federal
funding. In general, Reclamation places priority on funding new
projects that: (1) are economically justified and
environmentally acceptable in a watershed context; (2) are not
eligible for funding under another Federal program; and (3)
directly address Administration priorities for the Reclamation
program, such as reducing the demand on existing Federal water
supply facilities.
The Department also opposes enactment of this legislation
because authorizing new construction projects is likely to
place an additional burden on Reclamation's already tight
budget. To date, Reclamation has been unable to provide the
full authorized funding amounts for all but four of the water
reclamation and reuse projects presently authorized by Title
XVI. At current funding levels, it will take Reclamation more
than 10 years to complete funding of the 25 currently
authorized projects.
Finally, the Department opposes enactment of the provision
in S. 1385 and H.R. 2115 authorizing land acquisition prior to
completion of a feasibility study. Federal contributions for
land acquisition should await the outcome of a feasibility
study.
For these reasons, the Department cannot support
authorizing this new construction request.
Sincerely,
John W. Keys III,
Commissioner, Bureau of Reclamation.
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 bill H.R. 2115, as ordered 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):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
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TABLE OF CONTENTS
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TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES
ACT
Sec. 1601. Short Title.
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Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse Project.
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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. 1635. LAKEHAVEN, WASHINGTON, WATER RECLAMATION AND REUSE PROJECT.
(a) Authorization.--The Secretary, in cooperation with the
Lakehaven Utility District, Washington, is authorized to
participate in the design, planning, and construction of, and
land acquisition for, a project to reclaim and reuse
wastewater, including degraded groundwaters, within and outside
of the service area of the Lakehaven Utility District.
(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25 percent
of the total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
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