[Senate Report 111-305]
[From the U.S. Government Publishing Office]
Calendar No. 591
111th Congress Report
SENATE
2d Session 111-305
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MAGNA WATER DISTRICT WATER REUSE AND GROUNDWATER RECHARGE ACT
_______
September 27, 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 S. 745]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 745) to amend the Reclamation Wastewater
and Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the Magna Water
District water reuse and groundwater recharge project, and for
other purposes, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
The amendment is as follows:
On page 2, line 24, strike ``shall'' and insert ``may''.
Purpose
The purpose of S. 745 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
Magna Water District water reuse and groundwater recharge
project, and for other purposes.
Background and Need
The Magna Water District (Magna), located in Magna, Utah,
provides drinking water, irrigation water, and sewer services
to the Magna Township, northwestern areas of West Valley City,
and a portion of the southwestern Salt Lake City area. The
funds to be made available pursuant to the Bureau of
Reclamation's (Reclamation) Title XVI program will assist Magna
with removing perchlorate and arsenic from the groundwater,
resulting in high quality drinking water and high quality
effluent that can be used for irrigation purposes through a
reuse and secondary irrigation system. Successful removal of
the perchlorate and arsenic will reduce the overall current use
of treated water. S. 745 adds an additional project to the list
of authorized Title XVI projects. Federal funding contributions
will be limited to 25 percent of the total project costs, or
$12 million, whichever is less.
Legislative History
S. 745 was introduced by Senator Hatch on March 31, 2009.
The House companion measure (H.R. 2265), sponsored by
Representative Chaffetz, passed the House of Representatives by
voice vote on September 22, 2009. The Subcommittee on Water and
Power held a hearing on S. 745 and H.R. 2265 on April 27, 2010.
The Committee on Energy and Natural Resources considered S. 745
at its business meeting on July 21, 2010, and ordered it
favorably reported with amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 21, 2010, by voice vote of a quorum
present, recommends that the Senate pass S. 745, if amended as
described herein.
Committee Amendment
During its consideration of H.R. 745, the Committee adopted
an amendment. The amendment replaces the word ``shall'' with
the word ``may'' in providing the secretary discretion to allow
the project beneficiaries to obtain credit toward a non-federal
cost share for certain costs incurred prior to enactment.
Section-by-Section Analysis
Section 1 provides the short title of the bill.
Section 2 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 needed to establish recycled water
distribution and wastewater treatment and reclamation
facilities that will be used to provide recycled water to users
within the Magna Water District, with a federal cost-share not
to exceed 25 percent of the total cost or $12 million,
whichever is less. Section 2 also provides authority to the
Bureau of Reclamation to credit certain costs incurred by Magna
prior to January 1, 2003, towards the non-Federal share of the
costs of the project.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 745--Magna Water District Water Reuse and Groundwater Recharge Act
of 2009
Summary: S. 745 would authorize the Bureau of Reclamation
to participate in developing a water project in the Magna Water
District in Salt Lake County, Utah. Assuming appropriation of
the authorized amount, CBO estimates that implementing S. 745
would cost $12 million over the 2011-2015 period. Enacting the
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 745 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 S. 745 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
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 12 0 0 0 0 12
Estimated Outlays....................................... 8 4 0 0 0 12
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Basis of estimate: For this estimate, CBO assumes that S.
745 will be enacted in 2010 and that the federal share of the
project's costs will be appropriated in fiscal year 2011.
Estimated outlays are based on information provided by the
Bureau of Reclamation.
S. 745 would authorize the bureau to design, plan, and
construct water recycling facilities in the Magna Water
District. The legislation would authorize the appropriation of
$12 million to cover nearly 25 percent of the project's costs
(about $50 million). The remainder of those costs would be the
responsibility of local governments, as would the costs of
operating and maintaining the facility.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 745
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 the Magna Water
District in Utah by authorizing federal assistance for
planning, designing, and constructing water facilities.
Previous CBO estimate: On September 18, 2009, CBO
transmitted a cost estimate for H.R. 2265, the Magna Water
District Water Reuse and Groundwater Recharge Act of 2009, as
ordered reported by the House Committee on Natural Resources on
September 10, 2009. The two pieces of legislation and CBO's
cost estimates are similar.
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: Theresa Gullo, 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 S. 745.
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 S. 745 as ordered reported.
Congressionally Directed Spending
In accordance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
------------------------------------------------------------------------
Section Provision Member
------------------------------------------------------------------------
2............................. Authorization of Senator Hatch.
appropriations.
------------------------------------------------------------------------
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. 745, the Magna Water District Water Reuse
and Groundwater Recharge Project. For reasons I will discuss
below, the Administration cannot support the bill.
S. 745 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
establish recycled water distribution and wastewater treatment
and reclamation facilities in the Magna Water District in Salt
Lake County, Utah.
S. 745 authorizes a $12 million (25 percent) Federal cost
share for the project. The proposed project has an estimated
total project cost of $51 million and would reduce the
District's reliance on high quality potable water by 580
million gallons (1,780 acre-feet) per year, currently used for
non-potable water supply. Reclamation completed a review of the
Magna Water District's Feasibility Study in July 2009, and made
a finding that the District's report met the requirements of a
feasibility study as defined under Section 1604 of Title XVI.
S. 745 would authorize the project under Title XVI for
Federal funding not to exceed 25 percent or $20 million,
whichever is less.
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 1 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 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 specific
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. 745. 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 S. 745, 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 Magna Water District water reuse and groundwater
recharge 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''.
SEC. 2. DEFINITION AND TABLE OF CONTENTS.
* * * * * * *
TABLE OF CONTENTS
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES
* * * * * * *
Sec. 1649. Magna Water District water reuse and groundwater recharge
project, Utah.
* * * * * * *
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. 1649. MAGNA WATER DISTRICT WATER REUSE AND GROUNDWATER RECHARGE
PROJECT, UTAH.
(a) Authorization.--The Secretary, in cooperation with the
Magna Water District, Utah, may participate in the design,
planning, and construction of permanent facilities needed to
establish recycled water distribution and wastewater treatment
and reclamation facilities that will be used to provide
recycled water in the Magna Water District.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the capital
cost of the project described in subsection (a) shall
not exceed 25 percent of the total cost of the project.
(2) Non-federal share.--Each cost incurred by the
Magna Water District after January 1, 2003, relating to
any capital, planning, design, permitting,
construction, or land acquisition (including the value
of reallocated water rights) for the project described
in subsection (a) may be credited towards the non-
Federal share of the costs of the project.
(c) Limitation.--Funds provided by the Secretary shall not
be used for operation or maintenance of the project described
in subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,000,000.
* * * * * * *