IB 

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 


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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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. 21ST CENTURY WATER COMMISSION. 

4 (a) ESTABLISHMENT.—There is established a commis5 sion to be known as the 21st Century Water Commission 

6 (in this section referred to as the ‘‘Commission’’). 

7 (b) DUTIES.—The duties of the Commission shall be 

8 to— 

9 (1) use existing water studies and assessments 

10 and conduct such additional studies and assessments 


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1 as may be necessary, including studies and assess2 ments on climate change impacts, to— 

3 (A) project future water supply needs and 

4 demand; 

5 (B) develop national and regional assess6 ments on flood risk and water availability; and 

7 (C) develop national and regional trends re8 lated to water quality; 

9 (2) study current water management programs 

10 of Federal, interstate, State, and local agencies and 

11 private sector entities directed at increasing water 

12 supplies, managing flood risk, and improving the 

13 availability, reliability, and quality of water re14 sources; and 

15 (3) develop recommendations, in consultation 

16 with representatives of such agencies and entities, for 

17 a comprehensive water strategy that— 

18 (A) identifies incentives to ensure an ade19 quate and dependable supply of water to meet 

20 the needs of the United States for the next 50 

21 years; 

22 (B) considers all available technologies and 

23 other methods to optimize water supply reli24 ability, availability, and quality, while safe25 guarding and enhancing the environment; 


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1 (C) suggests financing options, incentives, 

2 and opportunities for development of comprehen3 sive watershed management plans, regional wa4 tershed planning, holistically designed water re5 sources projects, and increased use of non6 structural elements (including green infrastruc7 ture and low impact development techniques); 

8 (D) encourages, to the maximum extent 

9 practicable, the integration of flood control and 

10 water supply projects, including recommenda11 tions for capturing excess water and flood water 

12 for conservation and reuse; 

13 (E) suggests options to promote the use of, 

14 and reduce biases against, nonstructural ele15 ments (including green infrastructure and low 

16 impact development techniques) when managing 

17 stormwater, including features that— 

18 (i) preserve and restore natural proc19 esses, landforms (such as floodplains), nat20 ural storage, natural vegetated stream side 

21 buffers, wetlands, or other topographical 

22 features; 

23 (ii) utilize natural design techniques 

24 that infiltrate, filter, store, evaporate, and 

25 detain water close to its source; or 


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1 (iii) minimize the use of impervious 

2 surfaces; 

3 (F) encourages the avoidance and mini4 mization of adverse impacts to natural systems, 

5 and where possible, the restoration of natural 

6 systems; and 

7 (G) addresses other objectives related to a 

8 comprehensive water strategy which the Commis9 sion shall consider appropriate. 

10 (c) DEVELOPMENT OF A COMPREHENSIVE WATER

11 STRATEGY.— 

12 (1) IMPACTS OF CLIMATE CHANGE.—In devel13 oping recommendations for a comprehensive water 

14 strategy, the Commission shall— 

15 (A) evaluate the effectiveness of existing haz16 ard mitigation strategies and contingency plan17 ning provisions for Federal, interstate, State, 

18 and local water management programs in light 

19 of climate change impacts, including sea level 

20 rise, changing weather patterns, increased risk of 

21 flooding or drought, and associated impacts to 

22 water quality; 

23 (B) consider and evaluate the impacts of 

24 climate change; 


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1 (C) include strategies for using best avail2 able climate science in projections of future flood 

3 and drought risk, and for developing hazard 

4 mitigation strategies to protect water quality in 

5 extreme weather conditions caused by climate 

6 change; and 

7 (D) identify adaptation techniques, or fur8 ther research needs of adaptation techniques, for 

9 responding to climate change impacts. 

10 (2) POLICY CONSIDERATIONS.—In developing 

11 recommendations for a comprehensive water strategy, 

12 the Commission shall— 

13 (A) respect the primary role of States in 

14 adjudicating, administering, and regulating 

15 water rights and water uses; 

16 (B) identify whether recommendations are 

17 consistent with existing laws, treaties, decrees, 

18 and interstate compacts; 

19 (C) identify duplication among Federal 

20 governmental programs, and make recommenda21 tions to improve coordination among Federal, 

22 interstate, State, and local agencies; and 

23 (D) avoid suggesting strategies for increased 

24 mandates on State and local governments. 

25 (d) MEMBERSHIP.— 


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1 (1) NUMBER AND APPOINTMENT.—The Commis2 sion shall be composed of 11 members who shall be 

3 appointed, not later than 90 days after the date of en4 actment of this Act, as follows: 

5 (A) 3 members appointed by the President. 

6 (B) 3 members appointed by the Speaker of 

7 the House of Representatives from a list of 6 in8 dividuals— 

9 (i) 3 nominated for that appointment 

10 by the chairman of the Committee on 

11 Transportation and Infrastructure of the 

12 House of Representatives; and 

13 (ii) 3 nominated for that appointment 

14 by the chairman of the Committee on Nat15 ural Resources of the House of Representa16 tives. 

17 (C) 3 members appointed by the majority 

18 leader of the Senate from a list of 6 individ19 uals— 

20 (i) 3 nominated for that appointment 

21 by the chairman of the Committee on Envi22 ronment and Public Works of the Senate; 

23 and 


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1 (ii) 3 nominated for that appointment 

2 by the chairman of the Committee on En3 ergy and Natural Resources of the Senate. 

4 (D) 1 member appointed by the minority 

5 leader of the House of Representatives from a list 

6 of 2 individuals— 

7 (i) 1 nominated for that appointment 

8 by the ranking member of the Committee on 

9 Transportation and Infrastructure of the 

10 House of Representatives; and 

11 (ii) 1 nominated for that appointment 

12 by the ranking member of the Committee on 

13 Natural Resources of the House of Rep14 resentatives. 

15 (E) 1 member appointed by the minority 

16 leader of the Senate from a list of 2 individ17 uals— 

18 (i) 1 nominated for that appointment 

19 by the ranking member of the Committee on 

20 Environment and Public Works of the Sen21 ate; and 

22 (ii) 1 nominated for that appointment 

23 by the ranking member of the Committee on 

24 Energy and Natural Resources of the Sen25 ate. 


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1 (2) QUALIFICATIONS.— 

2 (A) RECOGNIZED STANDING AND DISTINC3 TION.—Members shall be appointed to the Com4 mission from among individuals who are of rec5 ognized standing and distinction in water policy 

6 issues. 

7 (B) LIMITATION.—A person while serving 

8 as a member of the Commission may not hold 

9 any other position as an officer or employee of 

10 the United States, except as a retired officer or 

11 retired civilian employee of the United States. 

12 (C) OTHER CONSIDERATIONS.—In appoint13 ing members of the Commission, every effort 

14 shall be made to ensure that the members rep15 resent a broad cross section of regional and geo16 graphical perspectives in the United States. 

17 (3) CHAIRPERSON.—The Chairperson of the 

18 Commission shall be elected by a majority vote of the 

19 members of the Commission. 

20 (4) TERMS.—Members of the Commission shall 

21 serve for the life of the Commission. 

22 (5) VACANCIES.—A vacancy on the Commission 

23 shall not affect its operation and shall be filled in the 

24 manner in which the original appointment was 

25 made. 


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1 (6) COMPENSATION AND TRAVEL EXPENSES.— 

2 Members of the Commission shall serve without com3 pensation; except that members shall receive travel ex4 penses, including per diem in lieu of subsistence, in 

5 accordance with applicable provisions under sub6 chapter I of chapter 57, United States Code. 

7 (e) MEETINGS AND QUORUM.— 

8 (1) MEETINGS.—The Commission shall hold its 

9 first meeting not later than 60 days after the date on 

10 which all original members are appointed under sub11 section (d) and shall hold additional meetings at the 

12 call of the Chairperson or a majority of its members. 

13 (2) QUORUM.—A majority of the members of the 

14 Commission shall constitute a quorum for the trans15 action of business. 

16 (f) STAFFING.—The Chairperson of the Commission 

17 may, without regard to the civil service laws and regula18 tions, appoint and terminate an Executive Director and 

19 such other additional personnel as may be necessary for the 

20 Commission to perform its duties. The Executive Director 

21 shall be compensated at a rate not to exceed the annual 

22 rate of basic pay for GS–15 of the General Schedule. The 

23 employment and termination of an Executive Director shall 

24 be subject to confirmation by a majority of the members 

25 of the Commission. 


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1 (g) HEARINGS.— 

2 (1) MINIMUM NUMBER.—The Commission shall 

3 hold no fewer than 10 hearings during the life of the 

4 Commission. 

5 (2) IN CONJUNCTION WITH MEETINGS.—Hear6 ings may be held in conjunction with meetings of the 

7 Commission. 

8 (3) TESTIMONY AND EVIDENCE.—The Commis9 sion may take such testimony and receive such evi10 dence as the Commission considers appropriate to 

11 carry out this section. 

12 (4) SPECIFIED.—At least one hearing shall be 

13 held in Washington, District of Columbia, for the 

14 purpose of taking testimony of representatives of Fed15 eral agencies, national organizations, and Members of 

16 Congress. At least one hearing shall focus on potential 

17 water resource issues relating to climate change and 

18 how to mitigate the harms of climate change-related 

19 weather events. 

20 (5) NONSPECIFIED.—Hearings, other than those 

21 referred to in paragraph (4), shall be scheduled in 

22 distinct geographical regions of the United States. In 

23 conducting such hearings, the Commission should seek 

24 to ensure testimony from individuals with a diversity 

25 of experiences, including those who work on water 


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1 issues at all levels of government and in the private 

2 sector. 

3 (h) INFORMATION AND SUPPORT FROM FEDERAL

4 AGENCIES.—Upon request of the Commission, the head of 

5 a Federal department or agency shall— 

6 (1) provide to the Commission, within 30 days 

7 of the request, such information as the Commission 

8 considers necessary to carry out this section; and 

9 (2) detail to temporary duty with the Commis10 sion on a reimbursable basis such personnel as the 

11 Commission considers necessary to carry out this sec12 tion. 

13 (i) INTERIM REPORTS.—Not later than one year after 

14 the date of the first meeting of the Commission, and every 

15 year thereafter, the Commission shall submit an interim re16 port containing a detailed summary of its progress, includ17 ing meetings held and hearings conducted before the date 

18 of the report, to— 

19 (1) the President; and 

20 (2) Congress. 

21 (j) FINAL REPORT.—As soon as practicable, but not 

22 later than 5 years after the date of the first meeting of the 

23 Commission, the Commission shall submit a final report 

24 containing a detailed statement of the findings and conclu25 sions of the Commission and recommendations for legislaVerDate Aug 31 2005 23:36 Jun 04, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H135.RH H135

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1 tion and other policies to implement such findings and con2 clusions to— 

3 (1) the President; 

4 (2) the Committee on Natural Resources and the 

5 Committee on Transportation and Infrastructure of 

6 the House of Representatives; and 

7 (3) the Committee on Energy and Natural Re8 sources and the Committee on Environment and Pub9 lic Works of the Senate. 

10 (k) TERMINATION.—The Commission shall terminate 

11 not later than 30 days after the date on which the Commis12 sion transmits a final report under subsection (j). 

13 (l) APPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT.—The Federal Advisory Committee Act (5 

15 U.S.C. App. 1 et seq.) shall not apply to the Commission. 

16 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated $12,000,000 to carry out this 

18 section. 


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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 Comture water needs. for a comprehensive water strategy to address fu- mission to study and develop recommendations 

JUNE 4, 2008 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 


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