[Senate Report 113-230]
[From the U.S. Government Publishing Office]
Calendar No. 517
113th Congress Report
SENATE
2d Session 113-230
======================================================================
SECURE WATER AMENDMENTS ACT OF 2014
_______
July 31, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2019]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2019) to reauthorize and update certain
provisions of the Secure Water Act, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. On page 2, strike lines 24 and 25 and insert the
following: to carry out this section $100,000,000''.
2. On page 3, strike lines 6 through 8 and insert the
following: by striking ``2009 through 2013'' and inserting
``2014 through 2018''.
Purpose
The purpose of S. 2019 is to reauthorize and update certain
provisions of the Secure Water Act.
Background and Need
The Department of the Interior's WaterSMART program is a
key component of the Bureau of Reclamation's implementation of
the SECURE Water Act of 2009 (42 U.S.C. 10361 et seq.). It
includes grants to fund locally cost-shared water management
improvements that save significant amounts of water. Completed
WaterSMART grant projects and other conservation activities are
already saving an estimated 616,000 acre-feet per year of
water--enough water for more than 2.4 million people.
WaterSMART grants leverage non-federal investment at greater
than a 2:1 ratio.
Authorized appropriations for WaterSMART grants will likely
be fully expended this year. To ensure that the Bureau of
Reclamation can continue to operate this program, S. 2019 is
needed to increase the authorization ceiling, to clarify that
activities to plan for and reduce the impacts of drought are
eligible for WaterSMART grants, and to make projects in the
State of Hawaii eligible for grants.
This bill also amends section 9508 of the Secure Water Act
of 2009 (42 U.S.C. 10368) to extend the authorization for the
program through FY 2018. This program will provide resources
for states to gather and analyze water supply and use
information in a consistent manner, which would create a
uniform, dependable national assessment of water availability
and use.
Legislative History
Senators Schatz, Heinrich, Hirono, Udall of Colorado, Udall
of New Mexico, and Wyden introduced S. 2019 on February 12,
2014. The Subcommittee on Water and Power held a hearing on S.
2019 (S. Hrg. 113-284) on February 27, 2014. At its business
meeting on June 18, 2014, the Senate Energy and Natural
Resources Committee ordered S. 2019 favorably reported with two
amendments.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2014, by a voice vote of a
quorum present, recommends that the Senate pass S. 2019, if
amended as described herein. Senators Lee and Scott asked to be
recorded as voting no.
Committee Amendments
During its consideration of S. 2019, the committee adopted
two amendments. The first amendment strikes the authorization
of ``such sums as are necessary'' and inserts an authorization
limit of $100 million. The second amendment reduces the period
during which funds are authorized to carry out the grant
program in section 9508(c) of the Omnibus Public Land
Management Act of 2009 from 10 years to 5 years.
Section-by-Section Analysis
Section 1 provides a short title.
Section 2(a)(1) amends section 9504 of the Omnibus Public
Land Management Act of 2009 (42 U.S.C. 10364) to allow the
Secretary to provide grants and cooperative agreements that
plan for or address the impacts of drought and to expand the
applicant eligibility to include those from Hawaii.
Subsection 2(a)(2) amends authorization of the
appropriations to be $100,000,000.
Section 3 amends section 9508(e)(2) of the Omnibus Public
Land Management Act of 2009 (42 U.S.C. 10368(e)(2)) to
authorize appropriations to carry out the State water resource
agencies grant program for the period of fiscal years 2014
through 2018.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2019--SECURE Water Amendments Act of 2014
Summary: S. 2019 would authorize the Bureau of Reclamation
to provide grants to eligible nonfederal partners to carry out
projects to mitigate drought conditions, conserve water, and
restore watersheds in 17 western states, certain U.S.
Territories, and Hawaii. The bill also would authorize grants
to state water agencies to develop and maintain data on water
availability. S. 2019 would authorize the appropriation of $113
million for those activities.
Based on information from the Bureau of Reclamation, and
assuming appropriation of specified amounts, CBO estimates that
implementing S. 2019 would cost $111 million over the 2015-2019
period. Enacting S. 2019 would not affect direct spending or
revenues; therefore pay-as-you-go procedures do not apply.
S. 2019 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 effect of S. 2019 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--
------------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
WaterSMART Grants:
Estimated Authorization Level.................. 25 35 30 10 0 100
Estimated Outlays.............................. 15 27 31 19 7 99
State Water Agency Grants:
Estimated Authorization Level.................. 3 3 3 3 0 13
Estimated Outlays.............................. 2 3 3 3 1 12
Total Changes:
Estimated Authorization Level.............. 28 38 33 13 0 113
Estimated Outlays.......................... 17 30 34 22 8 111
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
2019 will be enacted near the end of fiscal year 2014 and that
the authorized amounts will be appropriated over the next four
years. Estimated outlays are based on historical spending
patterns for those activities.
Under current law, the bureau provides grants to nonfederal
partners in 17 western states and certain U.S. Territories--
subject to a 50 percent cost share--to design and construct
projects to conserve water, generate renewable energy, and
restore watersheds. In fiscal year 2014, appropriations for
that program--known as WaterSMART--reached the current
authorization ceiling of $200 million. S. 2019 would authorize
the appropriation of an additional $100 million for the
program. The bill also would make nonfederal partners in Hawaii
eligible to participate in WaterSMART and clarify that drought
planning is an authorized activity under the program.
S. 2019 would reauthorize a water assessment program that
provides grants to state agencies to develop and integrate data
about water availability for local planners. In addition to
reauthorizing the program--which expired in 2013--the bill
would authorize the appropriation of $12.5 million for the
program.
Based on information from the bureau, CBO estimates that
implementing those provisions would cost $111 million over the
2015-2019 period, assuming appropriation of specified amounts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 2019
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal entities would
benefit from federal grants and cooperative agreements
authorized in the bill that would support water management and
assessment programs. Any costs to those entities, including
matching funds, would be incurred voluntarily as a condition of
receiving federal assistance.
Estimate prepared by: Federal Costs: Aurora Swanson; Impact
on State, Local, and Tribal Governments: Jon Sperl; 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. 2019.
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. 2019, as ordered reported.
Congressionally Directed Spending
S. 2019, 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 Bureau of Reclamation at the
February 27, 2014 Subcommittee on Water and Power hearing on S.
2019 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). Thank you for the opportunity to provide the
views of the Department of the Interior (Department) on S.
2019. The bill would raise the authorization ceiling for water
and energy conservation grants under the Secure Water Act of
2009 (42 USC 10364(e)), clarify that activities related to
drought are authorized under the program, and revise the
program's eligibility to include the State of Hawaii as
discussed below. The Department supports this bill.
Reclamation owns and operates water projects that promote
and sustain economic development within the 17 Western States.
The mission of Reclamation is to manage, develop, and protect
water and related resources in an environmentally and
economically sound manner in the interest of the American
public. Since it was established in 1902, Reclamation has
constructed more than 600 dams and reservoirs including Hoover
Dam on the Colorado River and Grand Coulee on the Columbia
River. Reclamation is the largest wholesaler of water in the
country, delivering water to more than 31 million people, and
providing one out of five western farmers with irrigation water
for 10 million acres of farmland across the United States.
Reclamation is also the second largest producer of
hydroelectric power in the United States, and provides
significant amounts of renewable energy to customers throughout
the West.
On February 10, 2010, Secretary Ken Salazar signed a
Secretarial order establishing the Department's WaterSMART
Initiative, which implements the Secure Water Act. The
``SMART'' in WaterSMART stands for ``Sustain and Manage
America's Resources for Tomorrow.'' The WaterSMART Program
includes WaterSMART Grants, Reclamation's Basin Studies,
Landscape Conservation Cooperatives, West-Wide Climate Risk
Assessments, the Title XVI Water Reclamation and Recycling
program, the Cooperative Watershed Management Program, the
Water Conservation Field Service Program, USGS's Water
Availability and Use Assessments, and the WaterSMART
Clearinghouse. Through the WaterSMART Program, the Department
works with states, tribes, local governments, and non-
governmental organizations to secure and stretch water supplies
for use by existing and future generations to benefit people,
the economy, and the environment and will identify measures
needed to address climate change and future demands.
WaterSMART activities are the most effective means the
Department of the Interior has to assist state and local water
providers and users address volatility of supplies, economic
security, and create resilience in the face of climate change.
WaterSMART allows the Department to provide incentives and
tools to achieve sustainable supplies, while supporting water
managers who make their own decisions about what programs and
activities will be the best and most practical fit in their
particular watersheds.
WaterSMART Grants are directly aligned with the
Department's Priority Goal for Water Conservation: to enable
capability to increase the available water supply to 730,000
acre-feet of water savings per year by September 2013 and to a
cumulative goal of 790,000 acre-feet by September 2014.
Reclamation has met the September 2013 goal and is on track to
meet the 2014 target: together, projects funded through
WaterSMART and Reclamation's other water conservation
activities from 2010 through 2013 are expected to result in
over 734,000 acre-feet of water savings per year. This would
not have been possible without the ingenuity and
resourcefulness of our water and power customers who apply for
and implement WaterSMART's water and energy efficiency grant
projects at the district level. The projects funded by the
WaterSMART program not only play a major role in helping
minimize the effects of drought on the environment and
agriculture and urban communities, but also contributes to
drought resiliency.
WaterSMART also acknowledges the nexus between energy and
water use. In addition to saving water, WaterSMART Grant
projects from 2010-2013 are expected by their sponsors to save
over 45 million kilowatt-hours annually--enough power for 3,900
households--and additional savings are expected in the future.
Additional milestones are described in the program's three-year
progress report, online at http://www.usbr.gov/WaterSMART.
Reclamation is committed to continuing WaterSMART, and it
is anticipated that the program will exhaust its authorized
appropriations for WaterSMART Grants. Therefore, in order to
continue use of this highly valuable and continually
oversubscribed program, which is significantly contributing to
drought resiliency in the West, an increase in the
authorization ceiling will be needed. S. 2019 would amend
Section 9504(e) of the Secure Water Act, raising the ceiling
from $200 million to an authorization to be appropriated such
sums as are necessary to carry out this section for each of
fiscal years 2015 through 2023. A ceiling raise is consistent
with part of the Appropriations language section of
Reclamation's FY 2014 budget request. A ceiling raise to $250
million, as was included in the budget request, would ensure
that these important water management improvements could
continue temporarily but would not likely allow for funding
beyond 2016. For that reason, Reclamation supports the language
in S. 2019 to authorize funding for the program through 2023.
Section 2 of S. 2019 would make clear that Section 9504(a)
authorizes Reclamation to provide financial assistance to plan
for or address the impacts of drought. Reclamation shares the
sponsor's view that activities related to drought are
appropriately addressed under this section and appreciates the
clarification of this authority.
Section 2 of S. 2019 would also revise the eligibility
language in the Secure Water Act to allow entities located in
Hawaii to be eligible for WaterSMART grant funding
opportunities. WaterSMART Grants funding opportunity
announcements have been limited to the States and U.S.
Territories identified under 43 U.S.C. Sec. 391. With a number
of exceptions, Reclamation's primary mission has generally been
constrained to the 17 continental Western States, which all
share an arid climate and a well-established history of prior
appropriations water rights doctrines. One such exception is
the State of Hawaii, which shares many of the same features as
the U.S. Territories, and also already participates in several
Reclamation programs such as the Title XVI program, limited
application of the Reclamation States Emergency Drought Relief
Program, and water resource studies authorized under P.L. 106-
566 and P.L. 102-575. However, Reclamation notes that we do not
support adding additional states to the WaterSMART program at
this time, as the piece-meal incorporation of additional states
would be a significant expansion of Reclamation's mission when
the agency is already struggling to fulfill its commitments
within its traditional and currently authorized area of
operations. For these reasons, the Department believes that
this expansion of authority should be limited to the State of
Hawaii.
Finally, Section 3 of S. 2019 would extend the authority of
the Secretary to provide grants to State water resource
agencies. This authority ran out in 2013 and the Department
supports the language in Section 3 that extends the grant
program in Section 9508(c) for another decade for such sums as
may be necessary to remain available until expended. The
valuable partnership with State water resource agencies is a
critical national asset for determining water availability
nationwide.
In conclusion, the Department is committed to continuing
the WaterSMART Program, as the Federal government has a
responsibility to provide leadership and tools to address the
increasing and widespread challenges of imbalance between
supply and demand. Sustainable water supplies are the
underpinning of a stable economic base, employment continuity,
and smart growth. We can provide incentives to encourage water
conservation and reuse, leadership in new technology to
increase usable supplies, and assistance for ecosystem
restoration efforts that increase the certainty of water
supplies for the future. All of these efforts depend on
partnerships with local utilities, states, tribes, and others.
This concludes my statement. Again, the Department supports
S. 2019. I would be pleased to answer 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. 2019, 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):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
Public Law 111-11
AN ACT To designate certain land as components of the National
wilderness Preservation System, to authorize certain programs and
activities in the Department of the Interior and the Department of
Agriculture, and for other purposes
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus
Public Land Management Act of 2009''.
* * * * * * *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
* * * * * * *
Subtitle F--Secure Water
* * * * * * *
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may
provide any grant to, or enter into an agreement with,
any eligible applicant to assist the eligible applicant
in planning, designing, or constructing any
improvement--
* * * * * * *
(H) To carry out any other activity--
(i) to address any climate-related
impact to the water supply of the
United States that increases ecological
resiliency to the impacts of climate
change; [or]
(ii) to prevent any water-related
crisis or conflict at any watershed
that has a nexus to a Federal
reclamation project located in a
service area [.]; or
(iii) to plan for or address the
impacts of drought.
(2) Application.--To be eligible to receive a grant,
or enter into an agreement with the Secretary under
paragraph (1), an eligible applicant shall--
[(A) be located within the States] (A) be
located in--
(i) the States and areas referred to
in the first section of the Act of June
17, 1902 (43 U.S.C. 391)[; and] ; or
(ii) the State of Hawaii; and
(B) submit to the Secretary an application
that includes a proposal of the improvement or
activity to be planned, designed, constructed,
or implemented by the eligible applicant.
* * * * * * *
(e) Authorization of Appropriations.--
[There is authorized to be appropriated to carry out
this section $200,000,000] There are authorized to be
appropriated to carry out this section $100,000,000, to
remain available until expended.
* * * * * * *
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT PROGRAM.
(a) Establishment.--The Secretary, in coordination with the
Advisory Committee and State and local water resource agencies,
shall establish a national assessment program to be known as
the ``national water availability and use assessment
program''--
* * * * * * *
(e) Authorization of Appropriations.--
(1) In general.-- There is authorized to be
appropriated to carry out subsections (a), (b), and (d)
$20,000,000 for each of fiscal years 2009 through 2023,
to remain available until expended.
(2) Grant program.--There is authorized to be
appropriated to carry out subsection (c) $12,500,000
for the period of fiscal years [2009 through 2013] 2014
through 2019, to remain available until expended.
* * * * * * *