59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–251 

AVRA/BLACK WASH RECLAMATION AND RIPARIAN 

RESTORATION PROJECT 

JULY 23, 2007.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1503] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1503) to amend the Reclamation Wastewater and 

Groundwater Study and Facilities Act to authorize the Secretary of 

the Interior to participate in the Avra/Black Wash Reclamation and 

Riparian Restoration Project, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Avra/Black Wash Reclamation and Riparian Restoration Project’’. 

SEC. 2. PROJECT AUTHORIZATION. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

adding at the end the following: 

‘‘SEC. 16ll. AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION PROJECT, 

PIMA COUNTY, ARIZONA. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with Pima County, Arizona, 

may participate in the planning, design, and construction of water recycling facilities and to enhance and restore riparian habitat in the Black Wash Sonoran Desert 

ecosystem in Avra Valley west of the metropolitan Pima County area. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the cost of the project. 

‘‘(c) LIMITATION.—Federal funds provided under this section shall not be used for 

operation or maintenance of the project described in subsection (a). 


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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section $14,000,000. 

‘‘(e) USE OF FUNDS.—Federal funds provided under this section shall only be used 

for the design, planning and construction of water-related infrastructure.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for Public Law 102–575 is 

amended by inserting after the last item relating to title XVI the following: 

‘‘Sec. 16ll. Avra/Black Wash Reclamation and Riparian Restoration Project, Pima County, Arizona.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 1503, as ordered reported, is to amend the 

Reclamation Wastewater and Groundwater Study and Facilities 

Act to authorize the Secretary of the Interior to participate in the 

Avra/Black Wash Reclamation and Riparian Restoration Project. 

BACKGROUND AND NEED FOR LEGISLATION

The extremely arid climate of the Tucson, Arizona, metropolitan 

area requires careful and innovative planning of both water supply 

and wastewater treatment systems. 

The proposed Avra Valley Reclamation and Riparian Restoration 

Site is located about 10 miles west of Tucson, Arizona, in Pima 

County. Currently the Pima County Avra Valley Wastewater 

Treatment Facility operates as a 1.2 million gallon-a-day facility 

treating effluent from nearby Tucson. Processed wastewater is either percolated to recharge groundwater, or spread on mesquite riparian forest in Black Wash downstream from the treatment plant, 

creating valuable habitat for migrating birds and recreational opportunities for birders. The facility is facing a projected increase in 

flow to 4 million gallons-a-day and Pima County proposes to expand wastewater percolation and riparian habitat restoration, 

using recycled waste water to support new plantings and increased 

riparian habitat in the Black Wash area of Avra Valley. H.R. 1503 

would amend Title XVI of the Reclamation Wastewater and 

Groundwater Study and Facilities Act to authorize limited federal 

financial assistance for the planning, design, and construction of 

water recycling facilities to enhance and restore riparian habitat in 

the Black Wash Sonoran Desert ecosystem. The federal share for 

this project is $14,000,000. 

COMMITTEE ACTION

H.R. 1503 was introduced on March 13, 2007 by Rep. Rau ́l M. 

Grijalva (D–AZ). The bill was referred to the Committee on Natural 

Resources, and within the Committee to the Subcommittee on 

Water and Power. On May 17, 2007, the Subcommittee held a 

hearing on the bill. On June 12, 2007, the Subcommittee met to 

mark up the bill. Rep. Doug Lamborn (R–CO) offered an amendment requiring that federal funds under the bill only be used for 

the design, planning and construction of water-related infrastructure. It was adopted by unanimous consent. The bill was then forwarded to the Full Committee. On June 27, 2007, the Full Natural 

Resources Committee met to consider the bill. The bill was then ordered favorably reported to the House of Representatives by unanimous consent. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides the short title of the bill as the ‘‘Avra/Black 

Wash Reclamation and Riparian Restoration Project.’’

Section 2. Project authorization 

Section 2 modifies the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 

U.S.C. 390h et seq.) to include the Avra/Black Wash Reclamation 

and Riparian Restoration Project. 

This section also specifies that the Secretary of the Interior may 

participate in the project and that the federal government is responsible for up to 25 percent of the total cost of the project, and 

that no more than $14,000,000 dollars can be appropriated by Congress to be spent on this project. 

Federal funds under the bill will only be used for the design, 

planning and construction of water-related infrastructure and no 

federal funds can be used for the operation or maintenance of the 

project. The Committee notes that this provision allows federal 

funding for facilities to recycle municipal wastewater. 

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 

Natural 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, as ordered reported, is to amend the Reclamation 

Wastewater and Groundwater Study and Facilities Act to authorize 

the Secretary of the Interior to participate in the Avra/Black Wash 

Reclamation and Riparian Restoration Project. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 


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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. 1503 Avra/Black Wash Reclamation and Riparian Restoration 

Project 

Summary: H.R. 1503 would authorize the Secretary of the Interior to participate in the planning, design, and construction of 

water recycling facilities and to enhance and restore riparian habitat in the Black Wash Sonoran Desert ecosystem in Avra Valley, 

Arizona. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 1503 would cost $14 million over the 

2008–2012 period. Enacting the bill would not affect direct spending or revenues. 

H.R. 1503 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Pima County, Arizona, would benefit from federal assistance authorized by the bill. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1503 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— 

2008 2009 2010 2011 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 4 5 5 0 0 

Estimated Outlays ......................................................................................... 2 6 6 0 0 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the end of fiscal year 2007 and that the necessary amounts will be appropriated for each year. 

H.R. 1503 would authorize the Secretary of the Interior to participate in the planning, design, and construction of water recycling 

facilities and to enhance and restore riparian habitat in the Black 

Wash Sonoran Desert ecosystem in Avra Valley, Arizona. The 

project would be constructed with the cooperation of Pima County, 

Arizona. Based on information from the Department of the Interior, 

CBO estimates that the project cost would total about $56 million. 

Under the legislation, the federal share of the cost of the project 

would be limited to the lesser of 25 percent of the total cost or $14 

million. In addition, federal funds would not be available for operation and maintenance of the project once it is completed. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing the legislation would cost $14 million (25 

percent of $56 million) over the 2008–2012 period. 

Intergovernmental and private-sector impact: H.R. 1503 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. Pima County, Arizona, would benefit from federal assistance authorized by the bill. 

Estimate prepared by: Federal Costs: Tyler Kruzich; Impact on 

State, Local, and Tribal Governments: Leo Lex; Impact on the Private Sector: Amy Petz. 


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Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1503 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

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) 

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. 

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 GROUNDWATER STUDIES 

Sec. 1601. Short title. 

* * * * * * * 

Sec. 16ll. Avra/Black Wash Reclamation and Riparian Restoration Project, 

Pima County, Arizona. 

* * * * * * * 

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’’. 

* * * * * * * 


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SEC. 16ll. AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION PROJECT, PIMA COUNTY, ARIZONA. 

(a) AUTHORIZATION.—The Secretary, in cooperation with Pima 

County, Arizona, may participate in the planning, design, and construction of water recycling facilities and to enhance and restore riparian habitat in the Black Wash Sonoran Desert ecosystem in Avra 

Valley west of the metropolitan Pima County area. 

(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the cost of 

the project. 

(c) LIMITATION.—Federal funds provided under this section 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 $14,000,000. 

(e) USE OF FUNDS.—Federal funds provided under this section 

shall only be used for the design, planning and construction of 

water-related infrastructure. 

* * * * * * * 

Æ 


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