[House Report 108-760]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-760
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AMENDING THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND
FACILITIES ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO
PARTICIPATE IN THE EL PASO, TEXAS, WATER RECLAMATION, REUSE, AND
DESALINIZATION PROJECT, AND FOR OTHER PURPOSES
_______
October 7, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4775]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4775) to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior to participate in the El Paso, Texas, water
reclamation, reuse, and desalinization project, and for other
purposes, 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. 4775 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
El Paso, Texas, water reclamation, reuse, and desalinization
project, and for other purposes.
Background and Need for Legislation
The combined area of El Paso (Texas), Las Cruces (New
Mexico), and Juarez (Mexico) is the third fastest growing
metropolitan areas in North America. The City of El Paso's
water comes from the Rio Grande River and the Hueco and Mesilla
Bolsons aquifers. The Rio Grande, however, is not reliable
during droughts, and the freshwater reserves in the Bolsons are
being depleted and becoming more saline. As a result, the
quantity and quality of the area's water has become a major
concern.
Although El Paso Water Utilities (EPWU) has undertaken
water conservation and water recycling measures, the utility
and region are looking to desalination as a long-term method to
resolving the water supply situation. Through H.R. 4775, the
City of El Paso hopes to secure federal financial assistance
through the Title 16 Program (Public Law 102-575) to help
finance construction of a joint EPWU--U.S. Army Fort Bliss
facility desalination plant. The desalination plant, which
could produce 27.5 million gallons per day (mgd) of water, is
currently in the planning stage and will be built in northeast
El Paso. The projected overall cost of the desalination plant
is $72 million, with the Department of Defense spending $3.5
million because the project will provide 7.5 mgd of water to
the base. Source water for the plant will be derived from
brackish (saline) water supplies in the Hueco aquifer. H.R.
4775 authorizes a federal cost-share of 50 percent for design,
planning and construction.
Committee Action
Congressman Silvestre Reyes (D-TX) introduced H.R. 4775 on
July 7, 2004. The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on Water
and Power. A hearing on the bill was held on September 9, 2004.
On September 15, 2004, the Full Resources Committee met to
consider the bill. The Subcommittee on Water and Power was
discharged from further consideration by unanimous consent. No
amendments were offered and the bill was ordered 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 Reclamation Wastewater
and Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the El Paso, Texas,
water reclamation, reuse, and desalinization project, and for
other purposes.
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:
H.R. 4775--A bill to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior to participate in the El Paso, Texas, water
reclamation, reuse, and desalinization project, and for other
purposes
Summary: H.R. 4775 would authorize the Secretary of the
Interior to participate in the design, planning, and
construction of facilities to reclaim and reuse wastewater, and
to treat and reuse brackish groundwater in cooperation with the
El Paso Water Utilities Public Service Board in Texas. The
federal share of the cost of this project could not exceed 50
percent, or a maximum of $20 million.
Assuming appropriation of the necessary funds, CBO
estimates that implementing H.R. 4775 would cost $18 million
over the 2005-2009 period and an additional $2 million after
that period. Enacting this bill would not affect direct
spending or revenues.
H.R. 4775 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 H.R. 4775 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--
----------------------------------
2005 2006 2007 2008 2009
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........ 4 4 4 4 4
Estimated Outlays.................... 3 3 4 4 4
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4775 will be enacted near the start of fiscal year 2005 and
that the authorized amount will be appropriated in equal
amounts over the 2005-2009 period. Based on historical spending
patterns of similar projects, CBO estimates that implementing
this bill would cost $18 million over the 2005-2009 period and
an additional $2 million after that period.
At this time, the scope of the authorized project is
uncertain. Because the project authorization under H.R. 4775 is
broad, CBO assumes that the federal share of the project's cost
would be the maximum of $20 million.
Intergovernmental and private-sector impact: H.R. 4775
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 El Paso, Texas. 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 italic and existing law in which no change is
proposed is shown in roman):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
(Public Law 102-575)
* * * * * * *
SEC. 2. DEFINITION AND TABLE OF CONTENTS.
For purposes of this Act, the term ``Secretary'' means the
Secretary of the Interior.
TABLE OF CONTENTS
Sec. 1. Short title.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES
Sec. 1601. Short title.
* * * * * * *
Sec. 16__. El Paso, Texas, water reclamation, reuse, and desalinization
project.
* * * * * * *
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. 16__. EL PASO, TEXAS, WATER RECLAMATION, REUSE, AND DESALINIZATION
PROJECT.
(a) Authorization.--The Secretary, in cooperation with the
State and local authorities, is authorized to participate in
the design, planning, and construction of the El Paso Water
Reclamation, Reuse, and Desalinization project to reclaim and
reuse wastewater and to treat and reuse impaired and brackish
groundwater in the service area of the El Paso Water Utilities
Public Service Board, El Paso, Texas.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 50 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.
* * * * * * *