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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 214 Enrolled Bill (ENR)]

        S.214

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

To authorize the Secretary of the Interior to cooperate with the States 
on the border with Mexico and other appropriate entities in conducting a 
   hydrogeologic characterization, mapping, and modeling program for 
        priority transboundary aquifers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Mexico Transboundary 
Aquifer Assessment Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to direct the Secretary of the Interior 
to establish a United States-Mexico transboundary aquifer assessment 
program to systematically assess priority transboundary aquifers.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) Aquifer.--The term ``aquifer'' means a subsurface water-
    bearing geologic formation from which significant quantities of 
    water may be extracted.
        (2) IBWC.--The term ``IBWC'' means the International Boundary 
    and Water Commission, an agency of the Department of State.
        (3) Indian tribe.--The term ``Indian tribe'' means an Indian 
    tribe, band, nation, or other organized group or community--
            (A) that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians; and
            (B) the reservation of which includes a transboundary 
        aquifer within the exterior boundaries of the reservation.
        (4) Participating state.--The term ``Participating State'' 
    means each of the States of Arizona, New Mexico, and Texas.
        (5) Priority transboundary aquifer.--The term ``priority 
    transboundary aquifer'' means a transboundary aquifer that has been 
    designated for study and analysis under the program.
        (6) Program.--The term ``program'' means the United States-
    Mexico transboundary aquifer assessment program established under 
    section 4(a).
        (7) Reservation.--The term ``reservation'' means land that has 
    been set aside or that has been acknowledged as having been set 
    aside by the United States for the use of an Indian tribe, the 
    exterior boundaries of which are more particularly defined in a 
    final tribal treaty, agreement, executive order, Federal statute, 
    secretarial order, or judicial determination.
        (8) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior, acting through the Director of the United States 
    Geological Survey.
        (9) Transboundary aquifer.--The term ``transboundary aquifer'' 
    means an aquifer that underlies the boundary between a 
    Participating State and Mexico.
        (10) Tri-regional planning group.--The term ``Tri-Regional 
    Planning Group'' means the binational planning group comprised of--
            (A) the Junta Municipal de Agua y Saneamiento de Ciudad 
        Juarez;
            (B) the El Paso Water Utilities Public Service Board; and
            (C) the Lower Rio Grande Water Users Organization.
        (11) Water resources research institutes.--The term ``water 
    resources research institutes'' means the institutes within the 
    Participating States established under section 104 of the Water 
    Resources Research Act of 1984 (42 U.S.C. 10303).

SEC. 4. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Secretary, in consultation and cooperation 
with the Participating States, the water resources research institutes, 
Sandia National Laboratories, and other appropriate entities in the 
United States and Mexico, and the IBWC, as appropriate, shall carry out 
the United States-Mexico transboundary aquifer assessment program to 
characterize, map, and model priority transboundary aquifers along the 
United States-Mexico border at a level of detail determined to be 
appropriate for the particular aquifer.
    (b) Objectives.--The objectives of the program are to--
        (1) develop and implement an integrated scientific approach to 
    identify and assess priority transboundary aquifers, including--
            (A) for purposes of subsection (c)(2), specifying priority 
        transboundary aquifers for further analysis by assessing--
                (i) the proximity of a proposed priority transboundary 
            aquifer to areas of high population density;
                (ii) the extent to which a proposed priority 
            transboundary aquifer would be used;
                (iii) the susceptibility of a proposed priority 
            transboundary aquifer to contamination; and
                (iv) any other relevant criteria;
            (B) evaluating all available data and publications as part 
        of the development of study plans for each priority 
        transboundary aquifer;
            (C) creating a new, or enhancing an existing, geographic 
        information system database to characterize the spatial and 
        temporal aspects of each priority transboundary aquifer; and
            (D) using field studies, including support for and 
        expansion of ongoing monitoring and metering efforts, to 
        develop--
                (i) the additional data necessary to adequately define 
            aquifer characteristics; and
                (ii) scientifically sound groundwater flow models to 
            assist with State and local water management and 
            administration, including modeling of relevant groundwater 
            and surface water interactions;
        (2) consider the expansion or modification of existing 
    agreements, as appropriate, between the United States Geological 
    Survey, the Participating States, the water resources research 
    institutes, and appropriate authorities in the United States and 
    Mexico, to--
            (A) conduct joint scientific investigations;
            (B) archive and share relevant data; and
            (C) carry out any other activities consistent with the 
        program; and
        (3) produce scientific products for each priority transboundary 
    aquifer that--
            (A) are capable of being broadly distributed; and
            (B) provide the scientific information needed by water 
        managers and natural resource agencies on both sides of the 
        United States-Mexico border to effectively accomplish the 
        missions of the managers and agencies.
    (c) Designation of Priority Transboundary Aquifers.--
        (1) In general.--For purposes of the program, the Secretary 
    shall designate as priority transboundary aquifers--
            (A) the Hueco Bolson and Mesilla aquifers underlying parts 
        of Texas, New Mexico, and Mexico;
            (B) the Santa Cruz River Valley aquifers underlying Arizona 
        and Sonora, Mexico; and
            (C) the San Pedro aquifers underlying Arizona and Sonora, 
        Mexico.
        (2) Additional aquifers.--The Secretary may, using the criteria 
    under subsection (b)(1)(A), evaluate and designate additional 
    priority transboundary aquifers which underlie New Mexico or Texas.
    (d) Cooperation With Mexico.--To ensure a comprehensive assessment 
of priority transboundary aquifers, the Secretary shall, to the maximum 
extent practicable, work with appropriate Federal agencies and other 
organizations to develop partnerships with, and receive input from, 
relevant organizations in Mexico to carry out the program.
    (e) Grants and Cooperative Agreements.--The Secretary may provide 
grants or enter into cooperative agreements and other agreements with 
the water resources research institutes and other Participating State 
entities to carry out the program.

SEC. 5. IMPLEMENTATION OF PROGRAM.

    (a) Coordination With States, Tribes, and Other Entities.--The 
Secretary shall coordinate the activities carried out under the program 
with--
        (1) the appropriate water resource agencies in the 
    Participating States;
        (2) any affected Indian tribes;
        (3) any other appropriate entities that are conducting 
    monitoring and metering activity with respect to a priority 
    transboundary aquifer; and
        (4) the IBWC, as appropriate.
    (b) New Activity.--After the date of enactment of this Act, the 
Secretary shall not initiate any new field studies or analyses under 
the program before consulting with, and coordinating the activity with, 
any Participating State water resource agencies that have jurisdiction 
over the aquifer.
    (c) Study Plans; Cost Estimates.--
        (1) In general.--The Secretary shall work closely with 
    appropriate Participating State water resource agencies, water 
    resources research institutes, and other relevant entities to 
    develop a study plan, timeline, and cost estimate for each priority 
    transboundary aquifer to be studied under the program.
        (2) Requirements.--A study plan developed under paragraph (1) 
    shall, to the maximum extent practicable--
            (A) integrate existing data collection and analyses 
        conducted with respect to the priority transboundary aquifer;
            (B) if applicable, improve and strengthen existing 
        groundwater flow models developed for the priority 
        transboundary aquifer; and
            (C) be consistent with appropriate State guidelines and 
        goals.

SEC. 6. EFFECT.

    (a) In General.--Nothing in this Act affects--
        (1) the jurisdiction or responsibility of a Participating State 
    with respect to managing surface or groundwater resources in the 
    Participating State;
        (2) the water rights of any person or entity using water from a 
    transboundary aquifer; or
        (3) State water law, or an interstate compact or international 
    treaty governing water.
    (b) Treaty.--Nothing in this Act shall delay or alter the 
implementation or operation of any works constructed, modified, 
acquired, or used within the territorial limits of the United States 
relating to the waters governed by the Treaty Between the United States 
and Mexico Regarding Utilization of Waters of the Colorado and Tijuana 
Rivers and of the Rio Grande, Treaty Series 994 (59 Stat. 1219).

SEC. 7. REPORTS.

    Not later than 5 years after the date of enactment of this Act, and 
on completion of the program in fiscal year 2016, the Secretary shall 
submit to the appropriate water resource agency in the Participating 
States, an interim and final report, respectively, that describes--
        (1) any activities carried out under the program;
        (2) any conclusions of the Secretary relating to the status of 
    priority transboundary aquifers; and
        (3) the level of participation in the program of entities in 
    Mexico.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $50,000,000 for the period of fiscal years 2007 through 
2016.
    (b) Distribution of Funds.--Of the amounts made available under 
subsection (a), 50 percent shall be made available to the water 
resources research institutes to provide funding to appropriate 
entities in the Participating States (including Sandia National 
Laboratories, State agencies, universities, the Tri-Regional Planning 
Group, and other relevant organizations) and to implement cooperative 
agreements entered into with appropriate entities in Mexico to conduct 
specific authorized activities in furtherance of the program, including 
the binational collection and exchange of scientific data.
    (c) Criteria.--Funding provided to an appropriate entity in Mexico 
pursuant to subsection (b) shall be contingent on that entity providing 
50 percent of the necessary resources (including in-kind services) to 
further assist in carrying out the authorized activity.

SEC. 9. SUNSET OF AUTHORITY.

    The authority of the Secretary to carry out any provisions of this 
Act shall terminate 10 years after the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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