29–006

108TH CONGRESS REPT. 108–309 " HOUSE OF REPRESENTATIVES ! 1st Session Part 1

TWENTY-FIRST CENTURY WATER COMMISSION ACT OF 

2003

OCTOBER 8, 2003.—Ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 135) to establish the ‘‘Twenty-First Century Water Commission’’ to study and develop recommendations for a comprehensive 

water strategy to address future water needs, 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 ‘‘Twenty-First Century Water Commission Act of 

2003’’. 

SEC. 2. FINDINGS. 

Congress finds that—

(1) the Nation’s water resources will be under increasing stress and pressure 

in the coming decades; 

(2) a thorough assessment of technological and economic advances that can 

be employed to increase water supplies or otherwise meet water needs in every 

region of the country is important and long overdue; and 

(3) a comprehensive strategy to increase water availability and ensure safe, 

adequate, reliable, and sustainable water supplies is vital to the economic and 

environmental future of the Nation. 

SEC. 3. ESTABLISHMENT. 

There is established a commission to be known as the ‘‘Twenty-First Century 

Water Commission’’ (in this Act referred to as the ‘‘Commission’’). 

SEC. 4. DUTIES. 

The duties of the Commission shall be to—

(1) use existing water assessments and conduct such additional assessments 

as may be necessary to project future water supply and demand; 

(2) study current water management programs of Federal, Interstate, State, 

and local agencies, and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and 

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(3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts 

for a comprehensive water strategy which— (A) respects the primary role of States in adjudicating, administering, and 

regulating water rights and water uses; 

(B) identifies incentives intended to ensure an adequate and dependable 

supply of water to meet the needs of the United States for the next 50 

years; 

(C) suggests strategies that avoid increased mandates on State and local 

governments; 

(D) eliminates duplication and conflict among Federal governmental programs; 

(E) considers all available technologies and other methods to optimize 

water supply reliability, availability, and quality, while safeguarding the 

environment; 

(F) recommends means of capturing excess water and flood water for conservation and use in the event of a drought; 

(G) suggests financing options for comprehensive water management 

projects and for appropriate public works projects; 

(H) suggests strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure; and 

(I) includes other objectives related to the effective management of the 

water supply to ensure reliability, availability, and quality, which the Commission shall consider appropriate. 

SEC. 5. MEMBERSHIP. 

(a) NUMBER AND APPOINTMENT.—The Commission shall be composed of 9 members who shall be appointed not later than 90 days after the date of enactment of 

this Act. Member shall be appointed as follows: 

(1) 5 members appointed by the President; 

(2) 2 members appointed by the Speaker of the House of Representatives, in 

consultation with the Minority Leader of the House of Representatives; and 

(3) 2 members appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate. 

(b) QUALIFICATIONS.—Members shall be appointed to the Commission from among 

individuals who—

(1) are of recognized standing and distinction in water policy issues; and 

(2) while serving on the Commission, do not hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. 

(c) OTHER CONSIDERATIONS.—In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of 

regional and geographical perspectives in the United States. 

(d) CHAIRPERSON.—The Chairperson of the Commission shall be designated by the 

President. 

(e) TERMS.—Members of the Commission shall be appointed not later than 90 

days after the date of enactment of this Act and shall serve for the life of the Commission. 

(f) VACANCIES.—A vacancy on the Commission shall not affect its operation, and 

shall be filled in the same manner as the original appointment provided under subsection (a). 

(g) COMPENSATION AND TRAVEL EXPENSES.—Members of the Commission shall 

serve without compensation, except members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under 

subchapter I of chapter 57, United States Code. 

SEC. 6. MEETINGS AND QUORUM. 

(a) MEETINGS.—The Commission shall hold its first meeting not later than 60 

days after the date on which all members have been appointed under section 5, and 

shall hold additional meetings at the call of the Chairperson or a majority of its 

members. 

(b) QUORUM.—A majority of the members of the Commission shall constitute a 

quorum for the transaction of business. 

SEC. 7. DIRECTOR AND STAFF. 

A Director shall be appointed by the Speaker of the House of Representatives and 

the Majority Leader of the Senate, in consultation with the Minority Leader and 

chairmen of the Resources and Transportation and Infrustructure Committees of the 

House of Representatives, and the Minority Leader and chairmen of the Energy and 

Natural Resources and Environment and Public Works Committees of the Senate. 

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The Director and any staff reporting to the Director shall be paid a rate of pay not 

to exceed the maximum rate of basic pay for GS–15 of the General Schedule. 

SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION. 

(a) HEARINGS.—The Commission shall hold no fewer than 10 hearings during the 

life of the Commission. Hearings may be held in conjunction with meetings of the 

Commission. The Commission may take such testimony and receive such evidence 

as the Commission considers appropriate to carry out this Act. At least 1 hearing 

shall be held in Washington, D.C., for the purpose of taking testimony of representatives of Federal agencies, national organizations, and Members of Congress. Other 

hearings shall be scheduled in distinct geographical regions of the United States 

and should seek to ensure testimony from individuals with a diversity of experiences, including those who work on water issues at all levels of government and in 

the private sector. 

(b) INFORMATION AND SUPPORT FROM FEDERAL AGENCIES.—Upon request of the 

Commission, any Federal agency shall—

(1) provide to the Commission, within 30 days of its request, such information 

as the Commission considers necessary to carry out the provisions of this Act; 

and 

(2) detail to temporary duty with the Commission on a reimbursable basis 

such personnel as the Commission considers necessary to carry out the provisions of this Act, in accordance with section 5(b)(5), Appendix, title 5, United 

States Code. 

SEC. 9. REPORTS. 

(a) INTERIM REPORTS.—Not later than 6 months after the date of the first meeting 

of the Commission, and every 6 months thereafter, the Commission shall transmit 

an interim report containing a detailed summary of its progress, including meetings 

and hearings conducted in the interim period, to—

(1) the President; 

(2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and 

(3) the Committee on Energy and Natural Resources and the Committee on 

the Environment and Public Works of the Senate. 

(b) FINAL REPORT.—As soon as practicable, but not later than 3 years after the 

date of the first meeting of the Commission, the Commission shall transmit a final 

report containing a detailed statement of the findings and conclusions of the Commission, and recommendations for legislation and other policies to implement such 

findings and conclusions, to—

(1) the President; 

(2) the Committee on Resources and the Committee on Transportation and Infrastructure of the House of Representatives; and 

(3) the Committee on Energy and Natural Resources and the Committee on 

the Environment and Public Works of the Senate. 

SEC. 10. TERMINATION. 

The Commission shall terminate not later than 30 days after the date on which 

the Commission transmits a final report under section 7(b). 

SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated $9,000,000 to carry out this Act.

PURPOSE OF THE BILL

The purpose of H.R. 135 is to establish the ‘‘Twenty-First Century Water Commission’’ to study and develop recommendations for 

a comprehensive water strategy to address future water needs. 

BACKGROUND AND NEED FOR LEGISLATION

There are numerous federal, state and local agencies that have 

responsibilities for managing water resources. While there is some 

overlap of agency responsibilities, some argue that there is little coordination among them. At the same time, competing demands for 

water among various agricultural, urban, recreational and environmental interests have led to many challenges over the last few decades. 

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H.R. 135 would establish the ‘‘Twenty-First Century Water Policy Commission’’ to study federal, state, local, and private water 

management programs in an effort to develop recommendations for 

a comprehensive water strategy that: (1) Respects the primary role 

of states in water rights law; (2) identifies incentives to ensure an 

adequate and dependable domestic water supply for 50 years; (3) 

does not place increased mandates on state and local governments; 

(4) eliminates duplication and conflict among governmental agencies; (5) considers all available technologies for increasing water 

supply efficiently, while safeguarding the environment; (6) recommends means of capturing excess water for future droughts; (7) 

suggests financing options for public works projects; and (8) suggests conservation strategies. 

H.R. 135, as ordered reported from the Committee on Resources, 

attempts to reduce these challenges by creating a commission to 

recommend improved interagency coordination and planning 

through a comprehensive, national water policy. Specifically, this 

legislation would establish a commission of nine non-federal water 

experts to recommend policies to meet the above objectives in a national water strategy. The bill stipulates that the President of the 

United States and the U. S. Congress shall make every effort possible to appoint these commissioners from a broad cross-section of 

regional and geographical U.S. perspectives. The Commission is directed to hold no less than ten public hearings around the nation 

and submit a final report no later than three years after its first 

meeting. The legislation sunsets the Commission within 30 days of 

the final report’s submission. 

COMMITTEE ACTION

H.R. 135 was introduced by Congressman John Linder (R–GA) 

on January 7, 2003 . The bill was referred to the Committee on Resources, and additionally to the Committee on Transportation and 

Infrastructure. With the Resources Committee, the bill was referred to the Subcommittee on Water and Power. On April 1, 2003, 

the Subcommittee held a hearing on the bill. On April 3, 2003, the 

Subcommittee met to mark up the bill. No amendments were offered and the bill was then forwarded to the Full Resources Committee by voice vote. On September 24, 2003, the Full Resources 

Committee met to mark up the bill. Subcommittee Chairman Ken 

Calvert offered an amendment in the nature of a substitute to authorize Congressional appointments to an expanded nine-member 

commission. The amendment also gives the Commission responsibility to examine ways to improve the availability, reliability and 

quality of freshwater resources while adding provisions respecting 

the primary role of State regulation of water and water rights. The 

amendment was agreed to by unanimous consent. The bill, as 

amended, was then ordered favorably reported to the House of Representatives, as amended, by unanimous consent. 

SECTION-BY-SECTION

Section 1. Short title 

This Act may be cited as the ‘‘Twenty-First Century Water Commission Act of 2003’’. 

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Section 2. Findings 

This section summarizes the need for the legislation. 

Section 3. Establishment 

This section establishes a commission to be known as the ‘‘Twenty-First Century Water Commission.’’

Section 4. Duties 

This section outlines the roles and responsibilities of the Commission. 

Section 5. Membership 

This section provides a description of the composition and makeup of the Commission. The section describes the number and appointment of Commission members, qualifications, chairperson selection, terms of appointment, conditions for vacancies, monetary 

compensation and travel expenses, and other considerations. 

Section 6. Meetings and quorum 

This section provides the requirements of meetings, including notices. The first meeting of the Commission is to be held not later 

than 60 days after the appointment of all members. 

Section 7. Director and staff 

This section provides for the appointment of a Director and staff, 

if necessary, and the manner in which compensation will be paid 

for their services. 

Section 8. Powers and proceedings of the Commission

This section provides that the Commission shall hold no fewer 

than 10 hearings during its life. The Commission may take testimony and receive such evidence as is necessary and appropriate to 

carry out the Act. At least one hearing shall be held in Washington, D.C. Other hearings will be held at other distinct areas of 

the United States and should seek to ensure testimony from individuals with a diversity of experiences. The Commission, if necessary, can utilize information and support from appropriate federal agencies. 

Section 9. Reports 

This section provides for the requirement of interim reports 

which contain a detailed summary of the Commission’s progress, 

including meetings and hearings. The first interim report of the 

Commission will be completed not later than six months after the 

date of the first meeting, and subsequent interim reports will be 

completed every six months thereafter. Not later than three years 

after the date of the first meeting of the Commission, a final report 

shall be prepared containing findings and conclusions of the Commission, and recommendations for implementing final report findings and conclusions. Interim reports and the final report will be 

transmitted to the President, the Committee on Resources and 

Committee on Transportation and Infrastructure of the House of 

Representatives, and the Committee on Energy and Natural Resources and the Committee on the Environment and Public Works 

of the Senate. 

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Section 10. Termination 

This section provides the Commission shall terminate not later 

than 30 days following transmittal of the Commission’s final report. 

Section 11. Authorization of appropriations 

This section provides an authorization to be appropriated $9 million to carry out this Act. 

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. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the proposed advisory committee authorized in 

the bill are not currently being nor could they be performed by one 

or more agencies, an advisory committee already in existence, or by 

enlarging the mandate of an existing advisory committee. 

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 establish the ‘‘Twenty-First Century Water Commission’’ to study and develop recommendations for a comprehensive water strategy to address future water needs. 

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:

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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 30, 2003. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 135, the Twenty-first 

Century Water Commission Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff is Rachel Milberg. 

Sincerely, 

ELIZABETH M. ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 135—Twenty-First Century Water Commission Act of 2003

Summary: H.R. 135 would authorize the establishment of a commission to project the future supply of water, study the current 

management of the water supply, and issue a report that provides 

a comprehensive strategy for managing water. For the activities of 

this commission, the bill would authorize the appropriation of $9 

million. 

Assuming appropriation of the amount specified in the bill, CBO 

estimates that implementing H.R. 135 would cost $9 million over 

the 2004–2008 period. Enacting H.R. 135 would not affect direct 

spending or revenues. 

H.R. 135 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. 135 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—

2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level ...................................................................... I 2 2 2 2

Estimated Outlays ......................................................................................... (*) 2 2 3 2

Note: * = less than $500,000. 

Basis of estimate: For this estimate, CBO assumes that H.R. 135 

will be enacted near the beginning of fiscal year 2004 and that the 

amounts authorized in the bill will be appropriated over the next 

several years. Estimates of spending are based on historical spending patterns of similar programs. 

H.R. 135 would require the President and Congressional leaders 

to appoint all nine members of the commission before it could meet. 

CBO expects that the commission would hold its first meeting in 

the second half of fiscal year 2004. Consequently, we estimate that 

the commission would incur no significant costs until 2005. 

Intergovernmental and private-sector impact: H.R. 135 contains 

no intergovernmental or private-sector mandates as defined in 

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UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal costs: Rachel Milberg; impact on 

state, local, and tribal Governments: Majorie Miller; impact on the 

private sector: Cecil McPherson. 

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

If enacted, this bill would make no changes in existing law.

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