[House Report 108-759]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-759
======================================================================
WICHITA PROJECT EQUUS BEDS DIVISION AUTHORIZATION ACT OF 2004
_______
October 7, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4650]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4650) to amend the Act entitled ``An Act to provide for
the construction of the Cheney division, Witchita Federal
reclamation project, Kansas, and for other purposes'' to
authorize the Equus Beds Division of the Wichita Project,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 4650 is to amend the Act entitled ``An
Act to provide for the construction of the Cheney division,
Wichita Federal reclamation project, Kansas, and for other
purposes'' to authorize the Equus Beds Division of the Wichita
Project.
Background and Need for Legislation
The Equus Beds Aquifer is the body of water beneath
portions of Sedgwick, Harvey, McPherson and Reno Counties
within the boundaries of Groundwater Management District No. 2
in Kansas. Annual withdrawals from the aquifer average 157,000
acre-feet of water. Fifty-five percent of this annual
withdrawal is used for irrigation, 39% for municipal needs, and
6% for industry.
The Equus Beds Aquifer has supplied water to the City of
Wichita since the 1940s, but has experienced significant
groundwater declines since 1950 in the area of Wichita's well
field. As a result, the City is developing innovative ways to
meet its future water supply needs. The City's Water Supply
Plan combines the use of a number of local water resources to
meet the City's water needs through the year 2050. The Equus
Beds Aquifer Recharge and Recovery Project is a key component
of the Plan.
The source of the water used for the Project will be the
Little Arkansas River. Since all of the normal water rights
from the Little Arkansas River have already been given to other
water users, excess flow rights are the only water available.
The City has completed a Draft Environmental Impact Statement
on the Project and the larger Plan that did not find any long-
term negative impacts on the River. The total Project cost is
estimated at $110 million. Under H.R. 4650, the Bureau of
Reclamation would provide funding for 25 percent of the
Project's cost with no funding for operation and maintenance.
The federal government would not hold title to the facilities.
Committee Action
Congressman Todd Tiahrt (R-KS) introduced H.R. 4650 on June
22, 2004. The bill was referred to the Subcommittee on Water
and Power within the Committee on Resources. A hearing was held
on the bill on July 8, 2004. On September 22, 2004, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration of the bill by
unanimous consent. No amendments were offered and the bill was
then favorably reported to the House of Representatives by
unanimous consent.
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 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 is to amend the Act entitled ``An Act to
provide for the construction of the Cheney division, Wichita
Federal reclamation project, Kansas, and for other purposes''
to authorize the Equus Beds Division of the Wichita 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 6, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4650, the Wichita
Project Equus Beds Division Authorization Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Douglas Holtz-Eakin, Director.
Enclosure.
H.R. 4650--Wichita Project Equus Beds Division Authorization Act of
2004
Summary: H.R. 4650 would authorize the Secretary of the
Interior to participate in the funding and implementation of
the Equus Beds Aquifer Recharge project in Wichita, Kansas.
This aquifer is a primary source of water for the city of
Wichita, along with the Cheney Reservoir. The federal share of
the cost of this project could not exceed 25 percent of total
costs, or a maximum of $30 million.
Assuming appropriation of the necessary funds, CBO
estimates that implementing this bill would cost $14 million
over the 2005-2009 period, including adjustments for
anticipated inflation. Enacting this bill would not affect
direct spending or revenues.
H.R. 4650 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 federal funds authorized by this bill would
benefit the city of Wichita. Any expenditures made by the city
to provide the required matching funds would be made
voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4650 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in million of dollars--
---------------------------------------
2005 2006 2007 2008 2009
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level... 3 3 3 3 3
Estimated outlays............... 2 3 3 3 3
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4650 will be enacted near the start of fiscal year 2005 and
that the authorized amount will be appropriated in equal
amounts over the 2005-2014 period. Currently, the estimate of
the project's total cost is $117 million. For this estimate,
CBO assumes that the federal share of the project's cost would
be the authorized maximum of $30 million. Based on historical
spending patterns of similar projects, CBO estimates that
implementing this bill would cost $14 million over the 2005-
2009 period, including adjustments for anticipated inflation.
Intergovernmental and private-sector impact: H.R. 4650
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The federal funds authorized by this bill
would benefit the city of Wichita. Any expenditures made by the
city to provide the required matching funds would be made
voluntarily.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; Impact on the Private Sector: Amina Masood.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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 italics and existing law in which no change is
proposed is shown in roman):
ACT OF SEPTEMBER 14, 1960
(PUBLIC LAW 86-787)
AN ACT To provide for the construction of the Cheney division, Wichita
Federal reclamation project, Kansas, and for other purposes.
* * * * * * *
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 not 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.