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108th CONGRESS
1st Session
S. 212
To authorize the Secretary of the Interior to cooperate with the High
Plains States in conducting a hydrogeologic characterization, mapping,
modeling and monitoring program for the High Plains Aquifer, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23, 2003
Mr. Bingaman (for himself, Mr. Brownback, and Mr. Domenici) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to cooperate with the High
Plains States in conducting a hydrogeologic characterization, mapping,
modeling and monitoring program for the High Plains Aquifer, 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 ``High Plains Aquifer Hydrogeologic
Characterization, Mapping, Modeling and Monitoring Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the
Association of American State Geologists.
(2) Council.--The term ``Council'' means the Western States
Water Council.
(3) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(4) Federal component.--The term ``Federal component''
means the Federal component of the High Plains Aquifer
Comprehensive Hydrogeologic Characterization, Mapping, Modeling
and Monitoring Program described in section 3(c).
(5) High plains aquifer.--The term ``High Plains Aquifer''
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, titled
``Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming.''.
(6) High plains aquifer states.--The term ``High Plains
Aquifer States'' means the States of Colorado, Kansas,
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and
Wyoming.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State component.--The term ``State component'' means
the State component of the High Plains Aquifer Comprehensive
Hydrogeologic Characterization, Mapping, Modeling and
Monitoring Program described in section 3(d).
SEC. 3. ESTABLISHMENT.
(a) Program.--The Secretary, working through the United States
Geological Survey, and in cooperation with participating State
geological surveys and water management agencies of the High Plains
Aquifer States, shall establish and carry out the High Plains Aquifer
Comprehensive Hydrogeologic Characterization, Mapping, Modeling and
Monitoring Program, for the purposes of the characterization, mapping,
modeling, and monitoring of the High Plains Aquifer. The Program shall
undertake on a county-by-county level or at the largest scales and most
detailed levels determined to be appropriate on a state-by-state and
regional basis--
(1) mapping of the hydrogeological configuration of the
High Plains Aquifer; and
(2) with respect to the High Plains Aquifer, analyses of
the current and past rates at which groundwater is being
withdrawn and recharged, the net rate of decrease or increase
in High Plains Aquifer storage, the factors controlling the
rate of horizontal and vertical migration of water within the
High Plains Aquifer, and the current and past rate of change of
saturated thickness within the High Plains Aquifer.
The Program shall also develop, as recommended by the State panels
referred to in subsection (d)(1), regional data bases and groundwater
flow models.
(b) Funding.--The Secretary shall make available fifty percent of
the funds available pursuant to this title for use in carrying out the
State component of the Program, as provided for by subsection (d).
(c) Federal Program Component.--
(1) Priorities.--The Program shall include a Federal
component, developed in consultation with the Federal Review
Panel provided for by subsection (e), which shall have as its
priorities--
(A) coordinating Federal, State, and local, data,
maps, and models into an integrated physical
characterization of the High Plains Aquifer;
(B) supporting State and local activities with
scientific and technical specialists; and
(C) undertaking activities and providing technical
capabilities not available at the State and local
levels.
(2) Interdisciplinary studies.--The Federal component shall
include interdisciplinary studies that add value to
hydrogeologic characterization, mapping, modeling and
monitoring for the High Plains Aquifer.
(d) State Program Component.--
(1) Priorities.--Upon election by a High Plains Aquifer
State, the State may participate in the State component of the
Program which shall have as its priorities hydrogeologic
characterization, mapping, modeling, and monitoring activities
in areas of the High Plains Aquifer that will assist in
addressing issues relating to groundwater depletion and
resource assessment of the Aquifer. As a condition of
participating in the State component of the Program, the
Governor or Governor's designee shall appoint a State panel
representing a broad range of users of, and persons
knowledgeable regarding, hydrogeologic data and information,
which shall be appointed by the Governor of the State or the
Governor's designee. Priorities under the State component shall
be based upon the recommendations of the State panel.
(2) Awards.--
(A) Twenty percent of the Federal funds available
under the State component shall be equally divided
among the State geological surveys of the High Plains
Aquifer States to carry out the purposes of the Program
provided for by this title. In the event that the State
geological survey is unable to utilize the funding for
such purposes, the Secretary may, upon the petition of
the Governor of the State, direct the funding to some
other agency of the State to carry out the purposes of
the Program.
(B) In the case of a High Plains Aquifer State that
has elected to participate in the State component of
the Program, the remaining funds under the State
component shall be competitively awarded to State or
local agencies or entities in the High Plains Aquifer
States, including State geological surveys, State water
management agencies, institutions of higher education,
or consortia of such agencies or entities. A State may
submit a proposal for the United States Geological
Survey to undertake activities and provide technical
capabilities not available at the State and local
levels. Such funds shall be awarded by the Director
only for proposals that have been recommended by the
State panels referred to in subsection (d)(1),
subjected to independent peer review, and given final
prioritization and recommendation by the Federal Review
Panel established under subsection (e). Proposals for
multistate activities must be recommended by the State
panel of at least one of the affected States.
(e) Federal Review Panel.--
(1) Establishment.--There shall be established a Federal
Review Panel to evaluate the proposals submitted for funding
under the State component under subsection (d)(2)(B) and to
recommend approvals and levels of funding. In addition, the
Federal Review Panel shall review and coordinate the Federal
component priorities under subsection (c)(1), Federal
interdisciplinary studies under subsection (c)(2), and the
State component priorities under subsection (d)(1).
(2) Composition and support.--Not later than 3 months after
the date of enactment of this title, the Secretary shall
appoint to the Federal Review Panel: (1) three representatives
of the United States Geological Survey, at least one of which
shall be a hydrologist or hydrogeologist; and (2) four
representatives of the geological surveys and water management
agencies of the High Plains Aquifer States from lists of
nominees provided by the Association and the Council, so that
there are two representatives of the State geological surveys
and two representatives of the State water management agencies.
Appointment to the Panel shall be for a term of 3 years. The
Director shall provide technical and administrative support to
the Federal Review Panel. Expenses for the Federal Review Panel
shall be paid from funds available under the Federal component
of the Program.
(f) Limitation.--The United States Geological Survey shall not use
any of the Federal funds to be made available under the State component
for any fiscal year to pay indirect, servicing, or Program management
charges. Recipients of awards granted under subsection (d)(2)(B) shall
not use more than 18 percent of the Federal award amount for any fiscal
year for indirect, servicing, or Program management charges. The
Federal share of the costs of an activity funded under subsection
(d)(2)(B) shall be no more than 50 percent of the total cost of that
activity. The Secretary may apply the value of in-kind contributions of
property and services to the non-Federal share of the costs of the
activity.
SEC. 4. PLAN.
The Secretary, acting through the Director, shall, in consultation
with the Association, the Council, the Federal Review Panel, and the
State panels, prepare a plan for the High Plains Aquifer Comprehensive
Hydrogeologic Characterization, Mapping, Modeling and Monitoring
Program. The plan shall address overall priorities for the Program and
a management structure and Program operations, including the role and
responsibilities of the United States Geological Survey and the States
in the Program, and mechanisms for identifying priorities for the
Federal component and the State component.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report on Program Implementation.--One year after the date of
enactment of this Act, and every 2 years thereafter through fiscal year
2011, the Secretary shall submit a report on the status of
implementation of the Program established by this Act to the Committee
on Energy and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and the Governors of the
High Plains Aquifer States. The initial report submitted by the
Secretary shall contain the plan required by section 4.
(b) Report on High Plains Aquifer.--One year after the date of
enactment of this Act and every year thereafter through fiscal year
2011, the Secretary shall submit a report to the Committee on Energy
and Natural Resources of the Senate, the Committee on Resources of the
House of Representatives, and the Governors of the High Plains Aquifer
States on the status of the High Plains Aquifer, including aquifer
recharge rates, extraction rates, saturated thickness, and water table
levels.
(c) Role of Federal Review Panel.--The Federal Review Panel shall
be given an opportunity to review and comment on the reports required
by this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2003 through 2011 to carry out
this Act .-
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