[DOCID: f:sr275.111]
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Calendar No. 545
111th Congress Report
SENATE
2d Session 111-275
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RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2741]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2741) to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
City of Hermiston, Oregon, water recycling and reuse project,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
Purpose
The purpose of H.R. 2741 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
City of Hermiston, Oregon, water recycling and reuse project,
and for other purposes.
Background and Need
The City of Hermiston is located in an agricultural area of
Eastern Oregon and plans to use reclaimed water to replace
other water the City currently supplies to a neighboring
irrigation district for irrigation purposes. The City will
utilize the Bureau of Reclamation's Title XVI program to assist
with funding to construct upgrades at its existing water
treatment plant. The upgraded facility will allow the City to
maintain compliance with its National Pollutant Discharge
Elimination System discharge permit required by section 402 of
the Clean Water Act by providing a new source of clean,
recycled water that can be supplied to the Umatilla River to
augment river flows instead of relying on pumped groundwater.
H.R. 2741 adds an additional project to the list of authorized
Title XVI projects. Federal funding contributions are limited
to 25% of the project costs, or $20 million, whichever is less.
Legislative History
H.R. 2741, sponsored by Representative Walden, passed the
House of Representatives by voice vote on September 23, 2009.
Companion legislation, S. 1573, was introduced by Senator Wyden
on August 4, 2009. The subcommittee on Water and Power held a
hearing on H.R. 2741 and S. 1573 on April 27, 2010. The
Committee on Energy and Natural Resources considered H.R. 2741
at its business meeting on June 16, 2010, and ordered it
favorably reported without amendment at its business meeting on
June 21, 2010.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by voice vote of a quorum
present, recommends that the Senate pass H.R. 2741.
Section-by-Section Analysis
Section 1 amends the Reclamation Wastewater and Groundwater
Study and Facilities Act, Title XVI of Public Law 102-575, by
adding a new section authorizing the Secretary of the Interior
to participate in the design, planning, and construction of
permanent facilities to reclaim and reuse water in the City of
Hermiston, Oregon, with a federal cost-share not to exceed 25
percent of the total cost.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 2741--A bill to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior to participate in the city of Hermiston, Oregon, water
recycling and reuse project
Summary: H.R. 2741 would authorize the Bureau of
Reclamation to participate in developing a project to reclaim
and reuse groundwater in Hermiston, Oregon. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing H.R. 2741 would cost $7 million over the 2011-2015
period.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
H.R. 2741 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. 2741 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--
-------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 7 0 0 0 0 7
Estimated Outlays....................................... 4 2 1 0 0 7
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
2741 will be enacted in fiscal year 2010 and that the federal
share of the project's costs will be appropriated in 2011.
Estimated outlays are based on historical spending patterns for
similar water recycling projects.
H.R. 2741 would authorize the Bureau of Reclamation to
design, plan, and construct water recycling facilities in
Hermiston, Oregon. The federal share of the project's costs
would be limited to the lesser of 25 percent of the total
project costs or $20 million. Based on information from the
bureau, CBO estimates that the total cost of the project would
be about $26 million. Under the bill, the federal share of the
project's costs would be about $7 million; the remaining $19
million would be the responsibility of local governments, as
would operation and maintenance of the facility.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 2741
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 benefit Hermiston, Oregon,
by authorizing federal assistance for planning, designing, and
constructing water facilities.
Previous CBO estimate: On September 18, 2009, CBO provided
a cost estimate for H.R. 2741 as ordered reported by the House
Committee on Natural Resources on September 10, 2009. The two
versions of the legislation are the same. Based on more recent
information from the Bureau of Reclamation, CBO now estimates
that the total cost of this project would be $26 million, $4
million more than we estimated in 2009. We now estimate that
the federal share of the project's costs would be $7 million.
Estimate prepared by: Federal Costs: Aurora Swanson; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, 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. 2741.
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. 2741, as ordered reported.
Congressionally Directed Spending
H.R. 2741, as ordered 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
Statement of Kira L. Finkler, Deputy Commissioner for External and
Intergovernmental Affairs, Bureau of Reclamation, Department of the
Interior
Madam Chairwoman and Members of the Subcommittee, I am Kira
Finkler, Deputy Commissioner for External and Intergovernmental
Affairs at the Bureau of Reclamation (Reclamation). I am
pleased to provide the views of the Department of the Interior
(Department) on S. 1573, the City of Hermiston, Oregon, Water
Recycling and Reuse Project. For reasons I will discuss below,
the Administration cannot support the bill.
S. 1573 would amend the Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, 43
U.S.C. 390h et seq.), commonly called Title XVI, to authorize
the Secretary of the Interior to participate in the design,
planning, and construction of permanent facilities needed to
reclaim and reuse wastewater in the City of Hermiston, Oregon.
The project is being implemented by the City of Hermiston.
The City of Hermiston, located in north central Oregon, is
one of the largest communities within Reclamation's Umatilla
Project area. The project proposed by the City includes
upgrades and construction at their existing wastewater
treatment facility and construction of a delivery system that
would deliver recycled water to the West Extension Irrigation
District. The recycled water would be used by the District to
irrigate agricultural lands. By 2031, it is estimated this
proposed project would provide the District with an approximate
2,034 acre-feet of drought resistant water supply during the
irrigation season. The current total estimated cost for this
project is approximately $25.8 million.
In January 2010, the City of Hermiston submitted their
feasibility report to Reclamation for review under the Title
XVI program. In April 2010, Reclamation's review team completed
the review and made the certification that the proposed project
``Meets Requirements'' as defined under section 1604 of Public
Law 102-575, as amended.
The City and Reclamation's Pacific Northwest Region are
continuing to coordinate on actions that are necessary to be
complete prior to implementation of the proposed project. This
includes activities such as the determination of the project
sponsor's financial capability, completion of Federal
environmental compliance actions, water contracts, water
rights, and entering into a land use agreement since the
delivery pipe is to cross Reclamation land.
S. 1573 would authorize the City of Hermiston's project
under Title XVI for Federal funding not to exceed 25 percent of
the total cost of the project.
While the Department supports efforts to increase local
water supplies and increase recycled water use, this project
would compete for funds with other needs within the Reclamation
program, including other Title XVI projects currently under
construction. In general, the Department supports the Title XVI
Reclamation and Reuse program. The 2011 budget proposal
includes funding for the Department's WaterSMART Program, and
Title XVI is an important element of that program.
Specifically, the 2011 budget proposal includes $29 million for
the Title XVI program, a 113% increase over the 2010 enacted
level.
As part of this total, the Department is requesting $20
million for Title XVI projects to be selected using criteria to
identify activities most closely aligned with Title XVI
statutory and program goals. On March 15, 2010, Reclamation
posted an announcement inviting comment on draft funding
criteria for Title XVI projects. After these criteria are
finalized with comments received up through April 16,
Reclamation will review and rank Title XVI project proposals
received through a public funding opportunity announcement
based on those criteria subject to appropriations in fiscal
year 2011.
Separately, in July of 2009, the Department announced the
allocation of approximately $135 million in grants for
specifically authorized Title XVI projects using funds from the
American Recovery and Reinvestment Act, or ARRA. We recognize
that water reuse is an essential tool in stretching the limited
water supplies in the West, and I believe the FY 2011 Budget
request on top of the ARRA funding has demonstrated the
emphasis placed by this Administration on this Program.
However, given that there are 53 already authorized Title XVI
projects and numerous competing mission priorities and demands
on Reclamation's budget, the Department cannot support the
authorization of new Title XVI projects or extensions of
existing authorized cost ceilings at this time.
Reclamation will, however, continue to work with project
proponents to evaluate the completeness of feasibility studies
of their projects.
Madam Chairwoman, this concludes my testimony. Thank you
for the opportunity to comment on S. 1573. I would be pleased
to answer any questions at this time.
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. 2741, 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
Public Law 102-575, Title XVI, Section 16XX (106 Stat. 4663)
AN ACT To amend the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Secretary of the Interior to
participate in the City of Hermiston, Oregon, water recycling and reuse
project, and for other purposes
Be it enacted by the Senate and the House of
Representatives of The United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Projects
Authorization and Adjustment Act of 1992''.
* * * * * * *
TABLE OF CONTENTS
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES
* * * * * * *
SEC. 16XX. CITY OF HERMISTON, OREGON, WATER RECYCLING AND REUSE
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. 16XX. CITY OF HERMISTON, OREGON, WATER RECYCLING AND REUSE
PROJECT.
(a) Authorization.--The Secretary, in cooperation with the
City of Hermiston, Oregon, is authorized to participate in the
design, planning, and construction of permanent facilities to
reclaim and reuse water in the City of Hermiston, Oregon.
(b) Cost Share.--The Federal share of the costs of the
project described in subsection (a) shall not exceed 25 percent
of the total cost.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project described in
subsection (a).
* * * * * * *
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