[House Report 109-368]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-368
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MADERA WATER SUPPLY AND GROUNDWATER ENHANCEMENT PROJECT ACT
_______
January 31, 2006.--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. 3897]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3897) to authorize the Secretary of the Interior, acting
through the Bureau of Reclamation to enter into a cooperative
agreement with the Madera Irrigation District for purposes of
supporting the Madera Water Supply and Groundwater Enhancement
Project, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Madera Water Supply and Groundwater
Enhancement Project Act''.
SEC. 2. DEFINITIONS.
(a) The term ``District'' means the Madera Water District, Madera,
California.
(b) The term ``Project'' means the ``Madera Water Supply and
Enhancement Project''.
(c) The term ``Secretary'' means the Secretary of the United States
Department of the Interior.
SEC. 3. STUDY AND REPORT.
(a) Study.-- Pursuant to the Reclamation Act of 1902 (32 Stat. 388)
and Acts amendatory thereof and supplemental thereto, the Secretary,
acting through the Commissioner of the Bureau of Reclamation, and in
consultation and cooperation with the District, is authorized to
conduct a study to determine the feasibility of constructing the
Project.
(b) Report.--
(1) Transmission.--Upon completion of the study authorized by
subsection (a), the Secretary shall transmit to the Committee
on Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report
containing the results of the study, together with
recommendations regarding any recommendation to construct the
project.
(2) Use of available materials.--In developing the report
under this section, the Secretary shall make use of reports and
any other relevant information supplied by the District.
(3) Deadline.--No later than June 30, 2006, the Secretary
shall complete the report and transmit the report to Congress
pursuant to subsection (b)(2).
(c) Cost Share.--
(1) Federal share.--The Federal share of the costs of the
feasibility study authorized by this section shall not exceed
50 percent of the total cost of the study.
(2) In-kind contribution for non-federal share.--The
Secretary may accept as part of the non-Federal cost share the
contribution of such in-kind services by the District as the
Secretary determines will contribute to the conduct and
completion of the study.
SEC. 4. COOPERATIVE AGREEMENT.
All planning, design, and construction of the Project authorized
by this Act shall be undertaken in accordance with a cooperative
agreement between the Secretary and the District for the Project. Such
cooperative agreement shall set forth in a manner acceptable to the
Secretary and the District the responsibilities of the District for
participating in the study and related environmental review, including,
but not limited to:
(1) preparation of an assessment of the need for the project;
(2) preparation of feasibility and reconnaissance studies;
(3) environmental review;
(4) engineering and design;
(5) construction; and
(6) the administration of contracts pertaining to any of the
foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT
PROJECT.
(a) Authorization of Construction.--Upon submission of feasibility
report described in section 3 and a statement by the Secretary that the
project is feasible, the Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
enter into a cooperative agreement through the Bureau with the District
for the support of the design, and construction of the Project.
(b) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost. Capital costs
incurred by the District prior to the date of the enactment of this Act
shall be considered a portion of the non-Federal cost share.
(c) In-Kind Services.--In-kind services performed by the District
shall be considered a part of the local cost share to complete the
Project authorized by subsection (a).
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) reasonable costs incurred by the District as a result of
participation in the planning, design, and construction of the
Project; and
(2) for the fair market value of lands used or acquired by
the District for the Project.
(e) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this section. The
operation and maintenance of the Project shall be the sole
responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section, the
Secretary shall work cooperatively with the District to use, to the
extent possible, plans, designs, and engineering and environmental
analyses that have already been prepared by the District for the
Project. The Secretary shall ensure that such information as is used is
consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability.--Nothing in this section or
the assistance provided under this section shall be construed to
transfer title, responsibility or liability related to the Project to
the United States.
(h) Authorization of Appropriation.--There is authorized such sums
as may be appropriated to carry out this section.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of the enactment of this
Act.
PURPOSE OF THE BILL
The purpose of H.R. 3897 is to authorize the Secretary of
the Interior, acting through the Bureau of Reclamation, to
enter into a cooperative agreement with the Madera Irrigation
District for purposes of supporting the Madera Water Supply and
Groundwater Enhancement Project.
BACKGROUND AND NEED FOR LEGISLATION
The Madera Water District is in the process of developing
the Madera Water Supply and Groundwater Enhancement Project in
an effort to help drought-proof Central California's San
Joaquin Valley. The District recently purchased a 13,648-acre
ranch which would be used for the Project. Under this proposed
project, pumping facilities would convey District water to the
ranch, where the water would be allowed to percolate and form a
``water bank'' beneath the ranch. Banked water could be pumped
and used locally when supply is low, providing a key regional
water supply benefit. The Project would help the District in
its efforts to conserve and more efficiently use its local and
Central Valley Project water supplies.
H.R. 3897 would authorize the Bureau of Reclamation to
conduct a feasibility study of the proposed project. The agency
is expected to rely on previously conducted engineering and
environmental studies as it undertakes the study. If the Bureau
of Reclamation finds the Project feasible (as defined under
Bureau of Reclamation principles and guidelines), the bill
authorizes the agency to participate in the Project's
construction. The federal cost share would be 50 percent for
the feasibility study and 25 percent for construction.
COMMITTEE ACTION
H.R. 3897 was introduced on September 27, 2005, by
Congressman George Radanovich (R-CA). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. On November 16, 2005, the Full
Resources Committee met to consider the bill. The Subcommittee
on Water and Power was discharged from further consideration of
the bill by unanimous consent. Congressman George Radanovich
offered an amendment to place a ten-year sunset on the bill's
authorization. The amendment was adopted by unanimous consent.
No further amendments were offered and the bill, as amended,
was ordered favorably reported to the House of Representatives
by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section cites the bill as the ``Madera Water Supply
and Groundwater Enhancement Project Act.''
Section 2. Definitions
This section defines various terms in the bill.
Section 3. Study and report
This section authorizes the Secretary of the Interior to
conduct a study determining the feasibility of constructing the
Project and directs the Secretary to transmit the study results
and recommendations to Congress by June 30, 2006. It stipulates
that the federal share of the cost of the feasibility study
shall not exceed 50 percent of the total cost, and that in-kind
services, including reports, studies and other relevant
information provided by the District, may be accepted as part
of the non-federal share.
Section 4. Cooperative agreement
This section directs the completion of a cooperative
agreement between the Secretary and the Madera Water District
that establishes responsibilities of the District for
participating in the study and related environmental review.
Section 5. Authorization for the Madera Water Supply and Enhancement
Project
This section authorizes the Secretary to enter into a
cooperative agreement with the District for design and
construction of the Project, once the feasibility report is
completed and the Project is deemed feasible by the Secretary
of the Interior. It authorizes ``such sums as may be
appropriated'' to construct the Project. The federal share of
capital costs of the Project shall not exceed 25 percent of
total costs. In-kind services, reasonable costs associated with
planning, design and construction, and the cost of land
acquired for the Project by the District will be considered
part of the non-federal cost share. Capital costs incurred by
the District prior to enactment of this legislation shall be
considered as part of the non-federal cost share. Operation and
maintenance of the Project will be the sole responsibility of
the District. The section stipulates that nothing authorized in
this section shall be construed to transfer title,
responsibility or liability of the Project to the United
States.
Section 6. Sunset
This section limits the federal authorization to ten years.
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 of the Rules of the House of
Representatives, the general performance goal or objective of
this bill, as ordered reported, is to authorize the Secretary
of the Interior, acting through the Bureau of Reclamation to
enter into a cooperative agreement with the Madera Irrigation
District for purposes of supporting the Madera Water Supply and
Groundwater Enhancement 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:
H.R. 3897--Madera Water Supply and Groundwater Enhancement Project Act
Summary: H.R. 3897 would authorize the Bureau of
Reclamation to participate in the study, design, and
construction of an underground water storage facility in
cooperation with the Madera Irrigation District in California.
The Federal share of the cost of the feasibility study could
not exceed 50 percent; and the Federal share of potential costs
for the facility could not exceed 25 percent.
Assuming appropriation of the necessary funds, CBO
estimates that implementing H.R. 3897 would cost $12 million
over the 2006-2010 period. Enacting this bill would not affect
direct spending or revenues.
H.R. 3897 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 bill would authorize the design and
construction of water projects that would benefit the Madera
Irrigation District. Any costs that the district might incur,
including matching funds, would result from complying with
conditions for receiving Federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3897 is shown in the following table.
The costs of this legislation fall within budget function 3000
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 1 4 3 3 1
Estimated Outlays............... 1 3 3 3 2
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
3897 will be enacted near the start of calendar year 2006 and
that the necessary amounts will be appropriated over the 2006-
2010 period. Based on historical spending patterns of similar
projects, CBO estimates that implementing this bill would cost
$12 million over that period.
H.R. 3897 would authorize the Bureau of Reclamation to
construct a water recharge and recovery system for the Madera
Irrigation District in central California's San Joaquin Valley.
The legislation would limit the Federal cost shares to 50
percent of the total costs of the study and 25 percent of the
project's total cost. According to the Bureau of Reclamation,
the total cost of the study and project would be about $41
million with a total Federal cost of about $12 million. Based
on information from the bureau, CBO expects that it would take
approximately 5 years to complete the project. (The feasibility
study would likely be completed over the next 2 years, with
construction beginning in 2007 or 2008, assuming that the study
results in a decision to proceed.) For this estimate, CBO
assumes that funds will be appropriated in installments over
the next 5 years to complete the project.
Intergovernmental and private-sector impact: H.R. 3897
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on State, local, or
tribal governments. The bill would authorize the design and
construction of water projects that would benefit the Madera
Irrigation District. Any costs the district might incur,
including matching funds, would result from complying with
conditions for receiving Federal assistance.
Estimate prepared by: Federal Costs: Matthew Pickford;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Craig Cammarata.
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
If enacted, this bill would make no changes in existing
law.