```

[Senate Report 113-75]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 132
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-75

======================================================================

 
      RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES

                                _______
                                

                 July 15, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 693]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 693) to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in the City of 
Hermiston, Oregon, water recycling and reuse project, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:

    On page 2, after the item following line 17, add the following:

SEC. 2. DEAUTHORIZATION OF WILLOW LAKE NATURAL TREATMENT SYSTEM 
                    PROJECT, OREGON.

    (a) In General.--Section 1634 of the Reclamation Projects 
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-16) is 
repealed.
    (b) Conforming Amendment.--The table of contents of title XVI of 
the Reclamation Projects Authorization and Adjustment Act of 1992 
(Public Law 102-575; 106 Stat. 4602) is amended by striking the item 
relating to section 1634.

                                Purpose

    The purpose of S. 693 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act (Title XVI) 
to authorize the Secretary of the Interior to participate in 
the Hermiston, Oregon water recycling and reuse project.

                          Background and Need

    The Bureau of Reclamation certified the feasibility of the 
City of Hermiston's water recycling and reuse project in April 
2010 and that the project meets Title XVI eligibility 
requirements. The City of Hermiston is located within an 
agricultural community in rural northeastern Oregon and plans 
to use half of the reclaimed water for irrigation purposes. The 
water is expected to irrigate approximately 600 acres of high 
value crops. Other benefits include decreasing the amount of 
groundwater currently pumped and the associated electricity 
costs which will help in the face of drought. The other half of 
the reclaimed water will be used as winter discharge for the 
Umatilla River. This will improve the quality of the water 
discharged into the river and improve habitat for sensitive 
salmonids. Additionally, the City will benefit from the project 
by enabling it to maintain compliance with its National 
Pollutant Discharge Elimination System discharge permit 
required by the State of Oregon.

                          Legislative History

    S. 693 was introduced by Senator Wyden on April 10, 2013. 
The Subcommittee on Water and Power held a hearing on S. 693 on 
April 16, 2013. At its business meeting on May 16, 2013, the 
Committee ordered S. 693 favorably reported by voice vote as 
amended.
    In the 112th Congress, Senator Wyden introduced identical 
legislation, S. 1033. The Subcommittee on Water and Power held 
a hearing on June 23, 2011 (S. Hrg. 112-129).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 693, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 693, the Committee adopted 
an amendment to repeal the authorization of the Willow Lake 
Natural Treatment System Project in Oregon.

                      Section-by-Section Analysis

    Section 1 amends the Reclamation Wastewater and Groundwater 
Study and Facilities Act (Public Law 102-575, title XVI; 43 
U.S.C. 390h et seq.) by inserting language after section 1656 
authorizing the Secretary in cooperation with the City of 
Hermiston, Oregon to participate in the design, planning, and 
construction of permanent facilities to reclaim and reuse 
water. The amendments provide that the Federal cost share shall 
not exceed 25 percent of the total costs, the Secretary shall 
not provide funds for operations and maintenance of the 
facility, and the table in section 2 of the Reclamation 
Projects Authorization and Adjustment Act of 1992 be amended to 
include the project.
    Section 2 deauthorizes the Willow Lake Natural Treatment 
System Project in Oregon by repealing section 1634 of the 
Reclamation Projects Authorization and Adjustment Act of 1992 
(43 U.S.C. 390h-16).

                   Cost and Budgetary Considerations

    The following estimate of costs of S. 693 has been provided 
by the Congressional Budget Office:

S. 693--A bill to amend the Reclamation Wastewater and Groundwater 
        Study and Facilities Act to authorize the Secretary of the 
        Interior to participate in the City of Hermiston, Oregon, water 
        recycling and reuse project, and for other purposes

    Summary: S. 693 would authorize the Bureau of Reclamation 
to participate in developing a project to reclaim and reuse 
groundwater in Hermiston, Oregon. The bill also would 
deauthorize the Willow Lake Natural Treatment System Project in 
Oregon. Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 693 would cost $7 million over 
the 2014-2018 period.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 693 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 693 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--
                                                         -------------------------------------------------------
                                                            2014     2015     2016     2017     2018   2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...........................        7        0        0        0        0         7
Estimated Outlays.......................................        4        2        1        0        0         7
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
693 will be enacted near the beginning of fiscal year 2014 and 
that the federal share of the project's costs will be 
appropriated in that year. Estimated outlays are based on 
historical spending patterns for similar water recycling 
projects.
    S. 693 would authorize the Bureau of Reclamation to design, 
plan, and construct water recycling facilities in Hermiston, 
Oregon. The federal share of the project's costs would be 
limited to the lesser of 25 percent of the total project costs 
or $20 million. Based on information from the bureau, CBO 
estimates that the total cost of the project would be about $26 
million. Under the bill, the federal share of the project's 
costs would be about $7 million; the remaining $19 million 
would be the responsibility of local governments as would 
ongoing operation and maintenance of the facility. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing S. 693 would cost $7 million over the 2014-2018 
period.
    The bill would also deauthorize the Willow Lake Natural 
Treatment System Project. The project was authorized in 1998, 
and of the $600,000 appropriated for planning and coordination 
activities, less than $300,000 was expended. The project has 
been classified as inactive since 2011. CBO estimates that the 
deauthorization would have no impact on the budget.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 693 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The water project authorized by the bill would 
benefit the City of Hermiston, Oregon. Any costs the city might 
incur, including matching funds, would result from complying 
with conditions of federal assistance.
    Estimate prepared by: Federal Costs: Aurora Swanson; Impact 
on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo; Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 693.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 693, as ordered reported.

                   Congressionally Directed Spending

    S. 693, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the U.S. Department of the 
Interior at the April 16, 2013, Subcommittee on Water and Power 
hearing on S. 693 follows:

   Statement of Robert Quint, Senior Advisor, Bureau of Reclamation, 
                       Department of the Interior

    Chairman Schatz and Members of the Subcommittee, I am Bob 
Quint, Senior Advisor at the Bureau of Reclamation 
(Reclamation). I am pleased to provide the views of the 
Department of the Interior (Department) on S. 693, the City of 
Hermiston, Oregon, Water Recycling and Reuse Project. For 
reasons I will discuss below, the Department cannot support the 
bill.
    S. 693 would amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102-575, 43 
U.S.C. 390h et seq.), commonly called Title XVI, to authorize 
the Secretary of the Interior to participate in the design, 
planning, and construction of permanent facilities needed to 
reclaim and reuse water in the City of Hermiston, Oregon. The 
project is being implemented by the City of Hermiston.
    The City of Hermiston (City), located in north central 
Oregon, is one of the largest communities within Reclamation's 
Umatilla Project area. The project proposed by the City 
includes upgrades and construction at their existing wastewater 
treatment facility and construction of a delivery system that 
would deliver recycled water to the West Extension Irrigation 
District. This recycled water would be used by the District to 
irrigate agricultural lands. By 2031, it is estimated that this 
proposed project would provide the District with approximately 
2,000 to 3,000 acre-feet of drought resistant water supply 
during the irrigation season. The 2011 total estimated cost for 
this project was approximately $25.8 million.
    In January 2010, the City of Hermiston submitted their 
feasibility report to Reclamation for review under the Title 
XVI program. In April 2010, Reclamation's review team completed 
the review and made the certification that the proposed project 
``meets requirements'' as defined under section 1604 of Public 
Law 102-575, as amended. In 2011, Reclamation completed the 
determination of financial capability and communicated the 
final approval to the City.
    The City and Reclamation's Pacific Northwest Region have 
completed Reclamation specific actions that are necessary for 
implementation of the proposed project. This includes 
environmental compliance, issuance of a license to the City 
granting authorization to construct, own, operate, and maintain 
their facility on Reclamation fee title land, and issuance of a 
permit allowing this water to be discharged into Reclamation's 
West Main Canal.
    S. 693 would authorize the City of Hermiston's project 
under Title XVI for Federal funding not to exceed 25 percent of 
the total cost of the project.
    While the Department supports efforts to increase local 
water supplies and increase recycled water use, this project 
would compete for funds with other needs within the Reclamation 
program, including other Title XVI projects currently under 
construction. In general, the Department supports the Title XVI 
Reclamation and Reuse program. The 2014 budget request includes 
funding for the Department's WaterSMART Program, of which Title 
XVI is an important element, and the full 2014 request for 
WaterSMART is $35.4 million.
    As part of this total, the Department is requesting $14 
million to fund Title XVI projects selected through competitive 
funding opportunity processes which uses criteria finalized in 
2010 to identify activities most closely aligned with Title XVI 
statutory and program goals. Reclamation plans to invite 
sponsors of Congressionally authorized Title XVI projects to 
submit applications for funding under the program and will 
review and rank proposals against those criteria to identify 
projects for funding, subject to appropriations in fiscal year 
2014.
    We recognize that water reuse is an essential tool in 
stretching the limited water supplies in the West, and I 
believe the FY 2014 budget request has demonstrated the 
emphasis placed by this Administration on this Program. 
However, given that there are 53 already authorized Title XVI 
projects and numerous competing mission priorities and demands 
on Reclamation's limited budget, the Department cannot support 
the authorization of new Title XVI projects or extensions of 
existing authorized cost ceilings at the current time. Federal 
budget realities, however, should not detract from the fact 
that the Hermiston Recycling and Reuse Project would prove 
valuable in Oregon's efforts to address current and future 
water resource challenges posed by drought and the competing 
demand for scarce water resources.
    This concludes my written statement. I am pleased to answer 
any questions at the appropriate time.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 693, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

     Reclamation Projects Authorization and Adjustment Act of 1992

                     Public Law 102-575, as amended

 AN ACT To authorize additional appropriations for the construction of 
   the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan 
                    Missouri Basin Program, Wyoming.

    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 ``Reclamation Projects 
Authorization and Adjustment Act of 1992''.

SECTION 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.
Sec. 2. Definition and table of contents.
     * * * * * * *

       TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES

[Sec. 1634. Willow Lake Natural Treatment System Project]
Sec. 1635. Lakehaven, Washington, Water Reclamation, and Reuse Project
     * * * * * * *
Sec. 1656. City of Corona Water utility, California, water recycling and 
          reuse project.
Sec. 1657. City of Hermiston, Oregon, water recycling and reuse project.
     * * * * * * *

TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

           *       *       *       *       *       *       *

SEC. 1633. AUTHORIZATION OF APPROPRIATIONS

           *       *       *       *       *       *       *

[SEC. 1634. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT

    [(a) Authorization.--The Secretary, in cooperation with the 
city of Salem, Oregon, is authorized to participate in the 
design, planning, and construction of the Willow Lake Natural 
Treatment System Project to reclaim and reuse wastewater within 
and without the service area of the city of Salem.
    [(b) Cost Share.--The Federal share of the cost of the 
project authorized by this section shall not exceed 25 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.]

           *       *       *       *       *       *       *

SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING 
                    AND REUSE PROJECT.

           *       *       *       *       *       *       *

SEC. 1657. CITY OF HERMISTON, OREGON, WATER RECYCLING AND REUSE 
                    PROJECT.

    (a) Authorization.--The Secretary, in cooperation with the 
City of Hermiston, Oregon, is authorized to participate in the 
design, planning, and construction of permanent facilities to 
reclaim and reuse water in the City of Hermiston, Oregon.
    (b) Cost Share.--The Federal share of the costs of the 
project described in subsection (a) shall not exceed 25 percent 
of the total cost.
    (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project described in 
subsection (a).

           *       *       *       *       *       *       *

                                  

```