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[House Report 108-760]
[From the U.S. Government Publishing Office]

108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-760

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     AMENDING THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND 
     FACILITIES ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO 
   PARTICIPATE IN THE EL PASO, TEXAS, WATER RECLAMATION, REUSE, AND 
             DESALINIZATION PROJECT, AND FOR OTHER PURPOSES

                                _______
                                

October 7, 2004.--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. 4775]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4775) to amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of the 
Interior to participate in the El Paso, Texas, water 
reclamation, reuse, and desalinization project, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 4775 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Secretary of the Interior to participate in the 
El Paso, Texas, water reclamation, reuse, and desalinization 
project, and for other purposes.

                  Background and Need for Legislation

    The combined area of El Paso (Texas), Las Cruces (New 
Mexico), and Juarez (Mexico) is the third fastest growing 
metropolitan areas in North America. The City of El Paso's 
water comes from the Rio Grande River and the Hueco and Mesilla 
Bolsons aquifers. The Rio Grande, however, is not reliable 
during droughts, and the freshwater reserves in the Bolsons are 
being depleted and becoming more saline. As a result, the 
quantity and quality of the area's water has become a major 
concern.
    Although El Paso Water Utilities (EPWU) has undertaken 
water conservation and water recycling measures, the utility 
and region are looking to desalination as a long-term method to 
resolving the water supply situation. Through H.R. 4775, the 
City of El Paso hopes to secure federal financial assistance 
through the Title 16 Program (Public Law 102-575) to help 
finance construction of a joint EPWU--U.S. Army Fort Bliss 
facility desalination plant. The desalination plant, which 
could produce 27.5 million gallons per day (mgd) of water, is 
currently in the planning stage and will be built in northeast 
El Paso. The projected overall cost of the desalination plant 
is $72 million, with the Department of Defense spending $3.5 
million because the project will provide 7.5 mgd of water to 
the base. Source water for the plant will be derived from 
brackish (saline) water supplies in the Hueco aquifer. H.R. 
4775 authorizes a federal cost-share of 50 percent for design, 
planning and construction.

                            Committee Action

    Congressman Silvestre Reyes (D-TX) introduced H.R. 4775 on 
July 7, 2004. The bill was referred to the Committee on 
Resources and within the Committee to the Subcommittee on Water 
and Power. A hearing on the bill was held on September 9, 2004. 
On September 15, 2004, the Full Resources Committee met to 
consider the bill. The Subcommittee on Water and Power was 
discharged from further consideration by unanimous consent. No 
amendments were offered and the bill was ordered favorably 
reported to the House of Representatives by unanimous consent.

            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, the general performance goal or 
objective of this bill is to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in the El Paso, Texas, 
water reclamation, reuse, and desalinization project, and for 
other purposes.
    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. 4775--A bill to amend the Reclamation Wastewater and Groundwater 
        Study and Facilities Act to authorize the Secretary of the 
        Interior to participate in the El Paso, Texas, water 
        reclamation, reuse, and desalinization project, and for other 
        purposes

    Summary: H.R. 4775 would authorize the Secretary of the 
Interior to participate in the design, planning, and 
construction of facilities to reclaim and reuse wastewater, and 
to treat and reuse brackish groundwater in cooperation with the 
El Paso Water Utilities Public Service Board in Texas. The 
federal share of the cost of this project could not exceed 50 
percent, or a maximum of $20 million.
    Assuming appropriation of the necessary funds, CBO 
estimates that implementing H.R. 4775 would cost $18 million 
over the 2005-2009 period and an additional $2 million after 
that period. Enacting this bill would not affect direct 
spending or revenues.
    H.R. 4775 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. 4775 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--
                                      ----------------------------------
                                        2005   2006   2007   2008   2009
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level........      4      4      4      4      4
Estimated Outlays....................      3      3      4      4      4
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4775 will be enacted near the start of fiscal year 2005 and 
that the authorized amount will be appropriated in equal 
amounts over the 2005-2009 period. Based on historical spending 
patterns of similar projects, CBO estimates that implementing 
this bill would cost $18 million over the 2005-2009 period and 
an additional $2 million after that period.
    At this time, the scope of the authorized project is 
uncertain. Because the project authorization under H.R. 4775 is 
broad, CBO assumes that the federal share of the project's cost 
would be the maximum of $20 million.
    Intergovernmental and private-sector impact: H.R. 4775 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The federal funds authorized by this bill 
would benefit the city of El Paso, Texas. Any expenditures made 
by the city to provide the required matching funds would be 
made voluntarily.
    Estimate prepared by: Federal Costs: Julie Middleton. 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller. Impact on the Private Sector: Amina Masood.
    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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

     RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

(Public Law 102-575)

           *       *       *       *       *       *       *

SEC. 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.
     * * * * * * *

       TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES

Sec. 1601. Short title.
     * * * * * * *
Sec. 16__. El Paso, Texas, water reclamation, reuse, and desalinization 
          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. 16__. EL PASO, TEXAS, WATER RECLAMATION, REUSE, AND DESALINIZATION 
                    PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
State and local authorities, is authorized to participate in 
the design, planning, and construction of the El Paso Water 
Reclamation, Reuse, and Desalinization project to reclaim and 
reuse wastewater and to treat and reuse impaired and brackish 
groundwater in the service area of the El Paso Water Utilities 
Public Service Board, El Paso, Texas.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 50 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.

           *       *       *       *       *       *       *

                                  
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