[DOCID: f:hr251.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-251
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AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION PROJECT
_______
July 23, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1503]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1503) to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Secretary
of the Interior to participate in the Avra/Black Wash
Reclamation and Riparian Restoration Project, 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 ``Avra/Black Wash Reclamation and
Riparian Restoration Project''.
SEC. 2. PROJECT AUTHORIZATION.
(a) In General.--The Reclamation Wastewater and Groundwater Study and
Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.)
is amended by adding at the end the following:
``SEC. 16__. AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION
PROJECT, PIMA COUNTY, ARIZONA.
``(a) Authorization.--The Secretary, in cooperation with Pima County,
Arizona, may participate in the planning, design, and construction of
water recycling facilities and to enhance and restore riparian habitat
in the Black Wash Sonoran Desert ecosystem in Avra Valley west of the
metropolitan Pima County area.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the cost of
the project.
``(c) Limitation.--Federal funds provided under this section shall
not be used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $14,000,000.
``(e) Use of Funds.--Federal funds provided under this section shall
only be used for the design, planning and construction of water-related
infrastructure.''.
(b) Clerical Amendment.--The table of sections for Public Law 102-575
is amended by inserting after the last item relating to title XVI the
following:
``Sec. 16__. Avra/Black Wash Reclamation and Riparian Restoration
Project, Pima County, Arizona.''.
Purpose of the Bill
The purpose of H.R. 1503, as ordered reported, is to amend
the Reclamation Wastewater and Groundwater Study and Facilities
Act to authorize the Secretary of the Interior to participate
in the Avra/Black Wash Reclamation and Riparian Restoration
Project.
Background and Need for Legislation
The extremely arid climate of the Tucson, Arizona,
metropolitan area requires careful and innovative planning of
both water supply and wastewater treatment systems.
The proposed Avra Valley Reclamation and Riparian
Restoration Site is located about 10 miles west of Tucson,
Arizona, in Pima County. Currently the Pima County Avra Valley
Wastewater Treatment Facility operates as a 1.2 million gallon-
a-day facility treating effluent from nearby Tucson. Processed
wastewater is either percolated to recharge groundwater, or
spread on mesquite riparian forest in Black Wash downstream
from the treatment plant, creating valuable habitat for
migrating birds and recreational opportunities for birders. The
facility is facing a projected increase in flow to 4 million
gallons-a-day and Pima County proposes to expand wastewater
percolation and riparian habitat restoration, using recycled
waste water to support new plantings and increased riparian
habitat in the Black Wash area of Avra Valley. H.R. 1503 would
amend Title XVI of the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize limited federal financial
assistance for the planning, design, and construction of water
recycling facilities to enhance and restore riparian habitat in
the Black Wash Sonoran Desert ecosystem. The federal share for
this project is $14,000,000.
Committee Action
H.R. 1503 was introduced on March 13, 2007 by Rep. Raul M.
Grijalva (D-AZ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water and Power. On May 17, 2007, the Subcommittee held a
hearing on the bill. On June 12, 2007, the Subcommittee met to
mark up the bill. Rep. Doug Lamborn (R-CO) offered an amendment
requiring that federal funds under the bill only be used for
the design, planning and construction of water-related
infrastructure. It was adopted by unanimous consent. The bill
was then forwarded to the Full Committee. On June 27, 2007, the
Full Natural Resources Committee met to consider the bill. The
bill was then ordered favorably reported to the House of
Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title of the bill as the
``Avra/Black Wash Reclamation and Riparian Restoration
Project.''
Section 2. Project authorization
Section 2 modifies the Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, title
XVI; 43 U.S.C. 390h et seq.) to include the Avra/Black Wash
Reclamation and Riparian Restoration Project.
This section also specifies that the Secretary of the
Interior may participate in the project and that the federal
government is responsible for up to 25 percent of the total
cost of the project, and that no more than $14,000,000 dollars
can be appropriated by Congress to be spent on this project.
Federal funds under the bill will only be used for the
design, planning and construction of water-related
infrastructure and no federal funds can be used for the
operation or maintenance of the project. The Committee notes
that this provision allows federal funding for facilities to
recycle municipal wastewater.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
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, as ordered reported, is to amend the
Reclamation Wastewater and Groundwater Study and Facilities Act
to authorize the Secretary of the Interior to participate in
the Avra/Black Wash Reclamation and Riparian Restoration
Project.
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:
H.R. 1503 Avra/Black Wash Reclamation and Riparian Restoration Project
Summary: H.R. 1503 would authorize the Secretary of the
Interior to participate in the planning, design, and
construction of water recycling facilities and to enhance and
restore riparian habitat in the Black Wash Sonoran Desert
ecosystem in Avra Valley, Arizona.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 1503 would cost $14 million
over the 2008-2012 period. Enacting the bill would not affect
direct spending or revenues.
H.R. 1503 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Pima County, Arizona, would benefit from federal assistance
authorized by the bill.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1503 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--
--------------------------------------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------------------------------- -------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level................... 4 5 5 0 0
Estimated Outlays............................... 2 6 6 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of fiscal year 2007 and that
the necessary amounts will be appropriated for each year.
H.R. 1503 would authorize the Secretary of the Interior to
participate in the planning, design, and construction of water
recycling facilities and to enhance and restore riparian
habitat in the Black Wash Sonoran Desert ecosystem in Avra
Valley, Arizona. The project would be constructed with the
cooperation of Pima County, Arizona. Based on information from
the Department of the Interior, CBO estimates that the project
cost would total about $56 million.
Under the legislation, the federal share of the cost of the
project would be limited to the lesser of 25 percent of the
total cost or $14 million. In addition, federal funds would not
be available for operation and maintenance of the project once
it is completed.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing the legislation would cost $14
million (25 percent of $56 million) over the 2008-2012 period.
Intergovernmental and private-sector impact: H.R. 1503
contains no intergovernmental or private-sector mandates as
defined in UMRA. Pima County, Arizona, would benefit from
federal assistance authorized by the bill.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Leo Lex; Impact on the
Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1503 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
(Public Law 102-575)
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Projects
Authorization and Adjustment Act of 1992''.
SEC. 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.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
Sec. 1601. Short title.
* * * * * * *
Sec. 16__. Avra/Black Wash Reclamation and Riparian Restoration
Project, Pima County, Arizona.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
SEC. 1601. SHORT TITLE.
This title may be referred to as the ``Reclamation Wastewater
and Groundwater Study and Facilities Act''.
* * * * * * *
SEC. 16__. AVRA/BLACK WASH RECLAMATION AND RIPARIAN RESTORATION
PROJECT, PIMA COUNTY, ARIZONA.
(a) Authorization.--The Secretary, in cooperation with Pima
County, Arizona, may participate in the planning, design, and
construction of water recycling facilities and to enhance and
restore riparian habitat in the Black Wash Sonoran Desert
ecosystem in Avra Valley west of the metropolitan Pima County
area.
(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25 percent
of the cost of the project.
(c) Limitation.--Federal funds provided under this section
shall not be used for operation or maintenance of the project
described in subsection (a).
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $14,000,000.
(e) Use of Funds.--Federal funds provided under this section
shall only be used for the design, planning and construction of
water-related infrastructure.
* * * * * * *
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