[Senate Report 113-75]
[From the U.S. Government Publishing Office]
Calendar No. 132
113th Congress Report
SENATE
1st Session 113-75
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RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES
_______
July 15, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 693]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 693) 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 with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
On page 2, after the item following line 17, add the following:
SEC. 2. DEAUTHORIZATION OF WILLOW LAKE NATURAL TREATMENT SYSTEM
PROJECT, OREGON.
(a) In General.--Section 1634 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-16) is
repealed.
(b) Conforming Amendment.--The table of contents of title XVI of
the Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4602) is amended by striking the item
relating to section 1634.
Purpose
The purpose of S. 693 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act (Title XVI)
to authorize the Secretary of the Interior to participate in
the Hermiston, Oregon water recycling and reuse project.
Background and Need
The Bureau of Reclamation certified the feasibility of the
City of Hermiston's water recycling and reuse project in April
2010 and that the project meets Title XVI eligibility
requirements. The City of Hermiston is located within an
agricultural community in rural northeastern Oregon and plans
to use half of the reclaimed water for irrigation purposes. The
water is expected to irrigate approximately 600 acres of high
value crops. Other benefits include decreasing the amount of
groundwater currently pumped and the associated electricity
costs which will help in the face of drought. The other half of
the reclaimed water will be used as winter discharge for the
Umatilla River. This will improve the quality of the water
discharged into the river and improve habitat for sensitive
salmonids. Additionally, the City will benefit from the project
by enabling it to maintain compliance with its National
Pollutant Discharge Elimination System discharge permit
required by the State of Oregon.
Legislative History
S. 693 was introduced by Senator Wyden on April 10, 2013.
The Subcommittee on Water and Power held a hearing on S. 693 on
April 16, 2013. At its business meeting on May 16, 2013, the
Committee ordered S. 693 favorably reported by voice vote as
amended.
In the 112th Congress, Senator Wyden introduced identical
legislation, S. 1033. The Subcommittee on Water and Power held
a hearing on June 23, 2011 (S. Hrg. 112-129).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 693, if
amended as described herein.
Committee Amendment
During its consideration of S. 693, the Committee adopted
an amendment to repeal the authorization of the Willow Lake
Natural Treatment System Project in Oregon.
Section-by-Section Analysis
Section 1 amends the Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) by inserting language after section 1656
authorizing the Secretary in cooperation with the City of
Hermiston, Oregon to participate in the design, planning, and
construction of permanent facilities to reclaim and reuse
water. The amendments provide that the Federal cost share shall
not exceed 25 percent of the total costs, the Secretary shall
not provide funds for operations and maintenance of the
facility, and the table in section 2 of the Reclamation
Projects Authorization and Adjustment Act of 1992 be amended to
include the project.
Section 2 deauthorizes the Willow Lake Natural Treatment
System Project in Oregon by repealing section 1634 of the
Reclamation Projects Authorization and Adjustment Act of 1992
(43 U.S.C. 390h-16).
Cost and Budgetary Considerations
The following estimate of costs of S. 693 has been provided
by the Congressional Budget Office:
S. 693--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, and for other purposes
Summary: S. 693 would authorize the Bureau of Reclamation
to participate in developing a project to reclaim and reuse
groundwater in Hermiston, Oregon. The bill also would
deauthorize the Willow Lake Natural Treatment System Project in
Oregon. Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 693 would cost $7 million over
the 2014-2018 period.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
S. 693 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 693 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--
-------------------------------------------------------
2014 2015 2016 2017 2018 2014-2018
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 7 0 0 0 0 7
Estimated Outlays....................................... 4 2 1 0 0 7
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Basis of estimate: For this estimate, CBO assumes that S.
693 will be enacted near the beginning of fiscal year 2014 and
that the federal share of the project's costs will be
appropriated in that year. Estimated outlays are based on
historical spending patterns for similar water recycling
projects.
S. 693 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
ongoing operation and maintenance of the facility. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing S. 693 would cost $7 million over the 2014-2018
period.
The bill would also deauthorize the Willow Lake Natural
Treatment System Project. The project was authorized in 1998,
and of the $600,000 appropriated for planning and coordination
activities, less than $300,000 was expended. The project has
been classified as inactive since 2011. CBO estimates that the
deauthorization would have no impact on the budget.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 693
contains no intergovernmental or private-sector mandates as
defined in UMRA. The water project authorized by the bill would
benefit the City of Hermiston, Oregon. Any costs the city might
incur, including matching funds, would result from complying
with conditions of federal assistance.
Estimate prepared by: Federal Costs: Aurora Swanson; Impact
on State, Local, and Tribal Governments: Lisa Ramirez-Branum;
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. 693.
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. 693, as ordered reported.
Congressionally Directed Spending
S. 693, as 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
The testimony provided by the U.S. Department of the
Interior at the April 16, 2013, Subcommittee on Water and Power
hearing on S. 693 follows:
Statement of Robert Quint, Senior Advisor, Bureau of Reclamation,
Department of the Interior
Chairman Schatz and Members of the Subcommittee, I am Bob
Quint, Senior Advisor at the Bureau of Reclamation
(Reclamation). I am pleased to provide the views of the
Department of the Interior (Department) on S. 693, the City of
Hermiston, Oregon, Water Recycling and Reuse Project. For
reasons I will discuss below, the Department cannot support the
bill.
S. 693 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 water in the City of Hermiston, Oregon. The
project is being implemented by the City of Hermiston.
The City of Hermiston (City), 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. This recycled water would be used by the District to
irrigate agricultural lands. By 2031, it is estimated that this
proposed project would provide the District with approximately
2,000 to 3,000 acre-feet of drought resistant water supply
during the irrigation season. The 2011 total estimated cost for
this project was 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. In 2011, Reclamation completed the
determination of financial capability and communicated the
final approval to the City.
The City and Reclamation's Pacific Northwest Region have
completed Reclamation specific actions that are necessary for
implementation of the proposed project. This includes
environmental compliance, issuance of a license to the City
granting authorization to construct, own, operate, and maintain
their facility on Reclamation fee title land, and issuance of a
permit allowing this water to be discharged into Reclamation's
West Main Canal.
S. 693 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 2014 budget request includes
funding for the Department's WaterSMART Program, of which Title
XVI is an important element, and the full 2014 request for
WaterSMART is $35.4 million.
As part of this total, the Department is requesting $14
million to fund Title XVI projects selected through competitive
funding opportunity processes which uses criteria finalized in
2010 to identify activities most closely aligned with Title XVI
statutory and program goals. Reclamation plans to invite
sponsors of Congressionally authorized Title XVI projects to
submit applications for funding under the program and will
review and rank proposals against those criteria to identify
projects for funding, subject to appropriations in fiscal year
2014.
We recognize that water reuse is an essential tool in
stretching the limited water supplies in the West, and I
believe the FY 2014 budget request 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 limited budget, the Department cannot support
the authorization of new Title XVI projects or extensions of
existing authorized cost ceilings at the current time. Federal
budget realities, however, should not detract from the fact
that the Hermiston Recycling and Reuse Project would prove
valuable in Oregon's efforts to address current and future
water resource challenges posed by drought and the competing
demand for scarce water resources.
This concludes my written statement. I am pleased to answer
any questions at the appropriate 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. 693, 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, as amended
AN ACT To authorize additional appropriations for the construction of
the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan
Missouri Basin Program, Wyoming.
Be it enacted by the Senate and 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''.
SECTION 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.
Sec. 2. Definition and table of contents.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES
[Sec. 1634. Willow Lake Natural Treatment System Project]
Sec. 1635. Lakehaven, Washington, Water Reclamation, and Reuse Project
* * * * * * *
Sec. 1656. City of Corona Water utility, California, water recycling and
reuse project.
Sec. 1657. City of Hermiston, Oregon, water recycling and reuse project.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
* * * * * * *
SEC. 1633. AUTHORIZATION OF APPROPRIATIONS
* * * * * * *
[SEC. 1634. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT
[(a) Authorization.--The Secretary, in cooperation with the
city of Salem, Oregon, is authorized to participate in the
design, planning, and construction of the Willow Lake Natural
Treatment System Project to reclaim and reuse wastewater within
and without the service area of the city of Salem.
[(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25 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.]
* * * * * * *
SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING
AND REUSE PROJECT.
* * * * * * *
SEC. 1657. 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).
* * * * * * *