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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 135 Reported in House (RH)]

                                                 Union Calendar No. 429
110th CONGRESS
  2d Session
                                H. R. 135

                  [Report No. 110-504, Parts I and II]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

 Mr. Linder (for himself, Mr. Butterfield, Ms. Bordallo, Mr. Norwood, 
    Mr. Gary G. Miller of California, and Mr. Terry) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                           December 19, 2007

            Reported from the Committee on Natural Resources

                           December 19, 2007

Referral to the Committee on Transportation and Infrastructure extended 
          for a period ending not later than January 15, 2008

                            January 15, 2008

Referral to the Committee on Transportation and Infrastructure extended 
          for a period ending not later than February 29, 2008

                           February 29, 2008

Referral to the Committee on Transportation and Infrastructure extended 
           for a period ending not later than April 30, 2008

                             April 30, 2008

Referral to the Committee on Transportation and Infrastructure extended 
            for a period ending not later than May 22, 2008

                              May 22, 2008

Referral to the Committee on Transportation and Infrastructure extended 
            for a period ending not later than June 6, 2008

                              June 4, 2008

Additional sponsors: Mr. Goodlatte, Mr. Sessions, Mrs. Napolitano, Mr. 
Price of Georgia, Mr. Gingrey, Mr. Kuhl of New York, Mrs. Musgrave, Mr. 
 Marchant, Mr. Weldon of Florida, Mr. Costa, Mr. Hastings of Florida, 
Mr. Shadegg, Mr. Davis of Illinois, Mr. Stupak, Ms. Loretta Sanchez of 
   California, Mr. Scott of Georgia, Mr. Kingston, Mr. Marshall, Mr. 
  Bishop of Georgia, Mr. Deal of Georgia, Mr. Johnson of Georgia, Mr. 
            Lewis of Georgia, Mr. Hinojosa, and Mr. Calvert

                              June 4, 2008

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                4, 2007]

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. 21ST CENTURY WATER COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the 21st Century Water Commission (in this section referred to as 
the ``Commission'').
    (b) Duties.--The duties of the Commission shall be to--
            (1) use existing water studies and assessments and conduct 
        such additional studies and assessments as may be necessary, 
        including studies and assessments on climate change impacts, 
        to--
                    (A) project future water supply needs and demand;
                    (B) develop national and regional assessments on 
                flood risk and water availability; and
                    (C) develop national and regional trends related to 
                water quality;
            (2) study current water management programs of Federal, 
        interstate, State, and local agencies and private sector 
        entities directed at increasing water supplies, managing flood 
        risk, and improving the availability, reliability, and quality 
        of water resources; and
            (3) develop recommendations, in consultation with 
        representatives of such agencies and entities, for a 
        comprehensive water strategy that--
                    (A) identifies incentives to ensure an adequate and 
                dependable supply of water to meet the needs of the 
                United States for the next 50 years;
                    (B) considers all available technologies and other 
                methods to optimize water supply reliability, 
                availability, and quality, while safeguarding and 
                enhancing the environment;
                    (C) suggests financing options, incentives, and 
                opportunities for development of comprehensive 
                watershed management plans, regional watershed 
                planning, holistically designed water resources 
                projects, and increased use of nonstructural elements 
                (including green infrastructure and low impact 
                development techniques);
                    (D) encourages, to the maximum extent practicable, 
                the integration of flood control and water supply 
                projects, including recommendations for capturing 
                excess water and flood water for conservation and 
                reuse;
                    (E) suggests options to promote the use of, and 
                reduce biases against, nonstructural elements 
                (including green infrastructure and low impact 
                development techniques) when managing stormwater, 
                including features that--
                            (i) preserve and restore natural processes, 
                        landforms (such as floodplains), natural 
                        storage, natural vegetated stream side buffers, 
                        wetlands, or other topographical features;
                            (ii) utilize natural design techniques that 
                        infiltrate, filter, store, evaporate, and 
                        detain water close to its source; or
                            (iii) minimize the use of impervious 
                        surfaces;
                    (F) encourages the avoidance and minimization of 
                adverse impacts to natural systems, and where possible, 
                the restoration of natural systems; and
                    (G) addresses other objectives related to a 
                comprehensive water strategy which the Commission shall 
                consider appropriate.
    (c) Development of a Comprehensive Water Strategy.--
            (1) Impacts of climate change.--In developing 
        recommendations for a comprehensive water strategy, the 
        Commission shall--
                    (A) evaluate the effectiveness of existing hazard 
                mitigation strategies and contingency planning 
                provisions for Federal, interstate, State, and local 
                water management programs in light of climate change 
                impacts, including sea level rise, changing weather 
                patterns, increased risk of flooding or drought, and 
                associated impacts to water quality;
                    (B) consider and evaluate the impacts of climate 
                change;
                    (C) include strategies for using best available 
                climate science in projections of future flood and 
                drought risk, and for developing hazard mitigation 
                strategies to protect water quality in extreme weather 
                conditions caused by climate change; and
                    (D) identify adaptation techniques, or further 
                research needs of adaptation techniques, for responding 
                to climate change impacts.
            (2) Policy considerations.--In developing recommendations 
        for a comprehensive water strategy, the Commission shall--
                    (A) respect the primary role of States in 
                adjudicating, administering, and regulating water 
                rights and water uses;
                    (B) identify whether recommendations are consistent 
                with existing laws, treaties, decrees, and interstate 
                compacts;
                    (C) identify duplication among Federal governmental 
                programs, and make recommendations to improve 
                coordination among Federal, interstate, State, and 
                local agencies; and
                    (D) avoid suggesting strategies for increased 
                mandates on State and local governments.
    (d) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 11 members who shall be appointed, not later than 
        90 days after the date of enactment of this Act, as follows:
                    (A) 3 members appointed by the President.
                    (B) 3 members appointed by the Speaker of the House 
                of Representatives from a list of 6 individuals--
                            (i) 3 nominated for that appointment by the 
                        chairman of the Committee on Transportation and 
                        Infrastructure of the House of Representatives; 
                        and
                            (ii) 3 nominated for that appointment by 
                        the chairman of the Committee on Natural 
                        Resources of the House of Representatives.
                    (C) 3 members appointed by the majority leader of 
                the Senate from a list of 6 individuals--
                            (i) 3 nominated for that appointment by the 
                        chairman of the Committee on Environment and 
                        Public Works of the Senate; and
                            (ii) 3 nominated for that appointment by 
                        the chairman of the Committee on Energy and 
                        Natural Resources of the Senate.
                    (D) 1 member appointed by the minority leader of 
                the House of Representatives from a list of 2 
                individuals--
                            (i) 1 nominated for that appointment by the 
                        ranking member of the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives; and
                            (ii) 1 nominated for that appointment by 
                        the ranking member of the Committee on Natural 
                        Resources of the House of Representatives.
                    (E) 1 member appointed by the minority leader of 
                the Senate from a list of 2 individuals--
                            (i) 1 nominated for that appointment by the 
                        ranking member of the Committee on Environment 
                        and Public Works of the Senate; and
                            (ii) 1 nominated for that appointment by 
                        the ranking member of the Committee on Energy 
                        and Natural Resources of the Senate.
            (2) Qualifications.--
                    (A) Recognized standing and distinction.--Members 
                shall be appointed to the Commission from among 
                individuals who are of recognized standing and 
                distinction in water policy issues.
                    (B) Limitation.--A person while serving as a member 
                of the Commission may 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.
            (3) Chairperson.--The Chairperson of the Commission shall 
        be elected by a majority vote of the members of the Commission.
            (4) Terms.--Members of the Commission shall serve for the 
        life of the Commission.
            (5) Vacancies.--A vacancy on the Commission shall not 
        affect its operation and shall be filled in the manner in which 
        the original appointment was made.
            (6) Compensation and travel expenses.--Members of the 
        Commission shall serve without compensation; except that 
        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.
    (e) Meetings and Quorum.--
            (1) Meetings.--The Commission shall hold its first meeting 
        not later than 60 days after the date on which all original 
        members are appointed under subsection (d) and shall hold 
        additional meetings at the call of the Chairperson or a 
        majority of its members.
            (2) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business.
    (f) Staffing.--The Chairperson of the Commission may, without 
regard to the civil service laws and regulations, appoint and terminate 
an Executive Director and such other additional personnel as may be 
necessary for the Commission to perform its duties. The Executive 
Director shall be compensated at a rate not to exceed the annual rate 
of basic pay for GS-15 of the General Schedule. The employment and 
termination of an Executive Director shall be subject to confirmation 
by a majority of the members of the Commission.
    (g) Hearings.--
            (1) Minimum number.--The Commission shall hold no fewer 
        than 10 hearings during the life of the Commission.
            (2) In conjunction with meetings.--Hearings may be held in 
        conjunction with meetings of the Commission.
            (3) Testimony and evidence.--The Commission may take such 
        testimony and receive such evidence as the Commission considers 
        appropriate to carry out this section.
            (4) Specified.--At least one hearing shall be held in 
        Washington, District of Columbia, for the purpose of taking 
        testimony of representatives of Federal agencies, national 
        organizations, and Members of Congress. At least one hearing 
        shall focus on potential water resource issues relating to 
        climate change and how to mitigate the harms of climate change-
        related weather events.
            (5) Nonspecified.--Hearings, other than those referred to 
        in paragraph (4), shall be scheduled in distinct geographical 
        regions of the United States. In conducting such hearings, the 
        Commission 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.
    (h) Information and Support From Federal Agencies.--Upon request of 
the Commission, the head of a Federal department or agency shall--
            (1) provide to the Commission, within 30 days of the 
        request, such information as the Commission considers necessary 
        to carry out this section; and
            (2) detail to temporary duty with the Commission on a 
        reimbursable basis such personnel as the Commission considers 
        necessary to carry out this section.
    (i) Interim Reports.--Not later than one year after the date of the 
first meeting of the Commission, and every year thereafter, the 
Commission shall submit an interim report containing a detailed summary 
of its progress, including meetings held and hearings conducted before 
the date of the report, to--
            (1) the President; and
            (2) Congress.
    (j) Final Report.--As soon as practicable, but not later than 5 
years after the date of the first meeting of the Commission, the 
Commission shall submit 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 Natural 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 Environment and Public Works of the Senate.
    (k) Termination.--The Commission shall terminate not later than 30 
days after the date on which the Commission transmits a final report 
under subsection (j).
    (l) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the 
Commission.
    (m) Authorization of Appropriations.--There is authorized to be 
appropriated $12,000,000 to carry out this section.
                                                 Union Calendar No. 429

110th CONGRESS

  2d Session

                               H. R. 135

                  [Report No. 110-504, Parts I and II]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 4, 2008

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
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