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[House Report 109-335]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-335
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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           DANA POINT DESALINATION PROJECT AUTHORIZATION ACT

                                _______
                                

               December 12, 2005.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3929]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3929) to amend the Water Desalination Act of 1996 to 
authorize the Secretary of the Interior to assist in research 
and development, environmental and feasibility studies, and 
preliminary engineering for the Municipal Water District of 
Orange County, California, Dana Point Desalination Project 
located at Dana Point, California, 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 ``Dana Point Desalination Project 
Authorization Act''.

SEC. 2. AUTHORIZATION FOR DANA POINT DESALINATION PROJECT.

  The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 
104-298) is amended by adding at the end the following new section:

``SEC. 10. DANA POINT DESALINATION RESEARCH AND FEASIBILITY RELATED 
                    COSTS.

  ``(a) Authority.--The Secretary may assist in research and 
development, environmental and feasibility studies, and preliminary 
engineering for the Municipal Water District of Orange County, 
California, Dana Point Desalination Project located at Dana Point, 
California.
  ``(b) Federal Share.--Notwithstanding section 7, the Federal share of 
the costs for the project assisted under subsection (a) shall not 
exceed 25 percent of the total costs of the project.
  ``(c) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Secretary $2,500,000 to carry out this section.
  ``(d) Sunset.--The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the date of 
the enactment of this section.''.

                          Purpose of the Bill

    The purpose of H.R. 3929 is to amend the Water Desalination 
Act of 1996 to authorize the Secretary of the Interior to 
assist in research and development, environmental and 
feasibility studies, and preliminary engineering for the 
Municipal Water District of Orange County, California, Dana 
Point Desalination Project located at Dana Point, California.

                  Background and Need for Legislation

    The Municipal Water District of Orange County provides 
wholesale water to 30 cities and retail water agencies in 
Orange County, California. Like many water suppliers in 
Southern California, the District relies heavily on imported 
water from the Colorado River and the Sacramento/San Joaquin 
Bay-Delta. Along with most of California, Orange County has 
experienced tremendous population growth and will continue to 
do so, thus putting an even greater burden on scarce water 
supplies. As water supplies become more scarce, communities are 
increasingly looking to desalination as a way to create new 
water.
    The Federal Government can play a limited but important 
role in developing desalination technologies. The Water 
Desalination Act of 1996 authorizes the Secretary of the 
Interior to ``conduct, encourage, and assist in the financing 
of research to develop processes for converting saline water 
into water suitable for beneficial uses.'' This legislation 
amends the Water Desalination Act to authorize up to $2.5 
million in Federal funds to assist the Municipal Water District 
of Orange County in conducting preliminary engineering and 
environmental studies on the Dana Point Desalination Project. 
If found feasible under Bureau of Reclamation standards and 
guidelines, this relatively small project would use a unique 
subsurface ocean intake system to reduce impacts on the 
environment, cut down on pre-treatment costs related to 
desalination and deliver approximately 15,000 to 20,000 acre-
feet of water per year to water consumers in Orange County.

                            Committee Action

    H.R. 3929 was introduced on September 28, 2005, by 
Congressman Ken Calvert (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. The bill was additionally 
referred to the Committee on Science. On October 6, 2005 the 
Subcommittee held a hearing on the bill. On November 16, 2005, 
the Full Resources Committee met to consider the bill. The 
Subcommittee on Water and Power was discharged from further 
consideration of the bill by unanimous consent. Congressman 
George Radanovich (R-CA) offered an amendment to place a 10-
year sunset on the bill's authorization. The amendment was 
adopted by unanimous consent. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                      Section-by-Section Analysis

Section 1. Short Title

    This section cites the short title of this bill as the 
``Dana Point Desalination Project Authorization Act.''

Section 2. Authorization for Dana Point Desalination Project

    The section amends the Water Desalination Act of 1996 
(Public Law 104-298) to authorize the Secretary of the Interior 
to assist the Municipal Water District of Orange County in 
studies and preliminary engineering of the Dana Point 
Desalination Project located in Dana Point, California. As 
amended, this section also specifies that the Federal cost 
share of the project cannot exceed 25 percent, authorizes $2.5 
million for Federal assistance, and limits the Federal 
authorization to 10 years.

            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 Water Desalination Act 
of 1996 to authorize the Secretary of the Interior to assist in 
research and development, environmental and feasibility 
studies, and preliminary engineering for the Municipal Water 
District of Orange County, California, Dana Point Desalination 
Project located at Dana Point, California.
    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. 3929--Dana Point Desalination Project Authorization Act

    Summary: H.R. 3929 would authorize the appropriation of 
$2.5 million for research and development, environmental and 
feasibility studies, and preliminary engineering to assist the 
Municipal Water District of Orange County develop a 
desalination plant in Dana Point, California. The authority 
would terminate within 10 years and the Federal share of the 
project's studies and initial engineering costs could not 
exceed 25 percent.
    Assuming appropriation of the authorized amount, CBO 
estimates that implementing H.R. 3929 would cost $2.5 million 
over the 2006-2007 period. Enacting the bill would not affect 
direct spending or revenues.
    H.R. 3929 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments. 
The bill would authorize funding for desalination activities 
that would benefit the water district in Orange County, 
California. Any costs to the water district would result from 
complying with conditions for receiving Federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3929 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    For this estimate, CBO assumes that H.R. 3929 will be 
enacted near the end of calendar year 2005 and that the 
authorized amount will be appropriated in fiscal year 2006. 
Based on historical spending patterns of similar projects, CBO 
estimates that implementing this bill would cost $2.5 million 
over the 2006-2007 period.

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................................        3        0        0        0        0
Estimated Outlays..................................................        2        1        0        0        0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 3929 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on State, local, or tribal governments. The bill would 
authorize funding for desalination activities that would 
benefit the water district in Orange County, California. Any 
costs to the water district would result from complying with 
conditions for receiving Federal assistance.
    Estimate prepared by: Federal Costs: Matthew Pickford. 
Impact on State, local, and tribal Governments: Marjorie 
Miller. Impact on the Private Sector: Selena Caldera.
    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.

                      Cost Estimate Correspondence

                          House of Representatives,
                                    Committee on Resources,
                                  Washington, DC, December 8, 2005.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: I ask your assistance in expediting 
consideration of H.R. 3929, the Dana Point Desalination Project 
Authorization Act, authored by our mutual committee colleague 
Ken Calvert. The bill was referred primarily to the Committee 
on Resources and additionally to the Committee on Science. The 
Committee on Resources ordered the bill favorably reported with 
an amendment by unanimous consent on November 16, 2005, and my 
staff has transmitted to your staff a copy of the draft bill 
report and the reported text.
     I ask that you allow the Committee on Science to be 
discharged from further consideration of the bill in the hopes 
we would be able to schedule it for a vote by the House of 
Representatives soon. By allowing this to occur, I agree that 
the Committee on Science has not waived its jurisdiction over 
the measure, nor should this action be taken as precedent for 
other bills. In addition, in the unlikely event that a 
conference on H.R. 3929 becomes necessary, I would support the 
Committee on Science's request to be represented on that 
conference. Finally, I would be pleased to include this letter 
and your response in the bill report for H.R. 3929.
    Thank you for your consideration of my request, and I look 
forward to seeing H.R. 3929 enacted soon.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                      Committee on Science,
                                  Washington, DC, December 8, 2005.
Hon. Richard Pombo,
Chairman, Committee on Resources,
Longworth House Office Building, Washington, DC.
    Dear Mr. Chairman: I am writing to respond to your December 
8, 2005 letter in which you requested that the Committee on 
Science agree to be discharged from further consideration of 
H.R. 3929, the Dana Point Desalination Project Authorization 
Act.
     We appreciate your Committee's acknowledgement of Science 
Committee jurisdiction over this measure and your promise to 
support a Science Committee request to be represented on any 
House-Senate conference that may be convened on this measure 
and a corresponding Senate bill. Given your Committee's 
acknowledgement of our jurisdiction and in deference to your 
desire to bring this legislation before the House in an 
expeditious manner, I will not exercise this Committee's right 
to consider H.R. 3929.
    Finally, I would appreciate if this exchange of letters 
could be included in the report for H.R. 3929.
    Thank you for your consideration in this matter.
            Sincerely,
                                         Sherwood Boehlert,
                                                          Chairman.

         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):

WATER DESALINATION ACT OF 1996

           *       *       *       *       *       *       *

SEC. 10. DANA POINT DESALINATION RESEARCH AND FEASIBILITY RELATED 
                    COSTS.

    (a) Authority.--The Secretary may assist in research and 
development, environmental and feasibility studies, and 
preliminary engineering for the Municipal Water District of 
Orange County, California, Dana Point Desalination Project 
located at Dana Point, California.
    (b) Federal Share.--Notwithstanding section 7, the Federal 
share of the costs for the project assisted under subsection 
(a) shall not exceed 25 percent of the total costs of the 
project.
    (c) Authorization of Appropriations.--There is hereby 
authorized to be appropriated to the Secretary $2,500,000 to 
carry out this section.
    (d) Sunset.--The authority of the Secretary to carry out 
any provisions of this section shall terminate 10 years after 
the date of the enactment of this section.

                                  
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