H. Rept. 110-634 - 110th Congress (2007-2008)
May 13, 2008, As Reported by the Natural Resources Committee

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House Report 110-634 - LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION ACT OF 2008




[House Report 110-634]
[From the U.S. Government Printing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-634

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



 
   LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION ACT OF 2008

                                _______
                                

  May 13, 2008.--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. 2649]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2649) to make amendments to the Reclamation Projects 
Authorization and Adjustment Act of 1992, having considered the 
same, reports favorably thereon with an amendment and 
recommends 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 ``Lake Hodges Surface Water Improvement 
and Reclamation Act of 2008''.

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 inserting after section 16__the following:

``SEC. 16__. LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION 
                    PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the 
Olivenhain Municipal Water District, California, is authorized to 
participate in the design, planning, and construction of projects to 
treat, reclaim, and reuse impaired surface water from Lakes Hodges in 
San Diego County, California.
  ``(b) Cost Share.--The Federal share of the costs of the projects 
authorized by this section shall not exceed 25 percent of the total 
cost.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation or maintenance of a project authorized by this section.''.
  (b) Clerical Amendment.--The table of sections in section 2 of the 
Reclamation Projects Authorization and Adjustment Act of 1992 is 
amended by inserting after the item relating to section 163__ the 
following:

``Sec. 163__. Lake Hodges surface water improvement and reclamation 
project.''.

                          Purpose of the Bill

    The purpose of H.R. 2649 is to make amendments to the 
Reclamation Projects Authorization and Adjustment Act of 1992.

                  Background and Need for Legislation

    The Lake Hodges Surface Water Improvement and Reclamation 
Project will provide a new source of water to the Olivenhain 
Water Treatment Plant. The treatment plant currently uses 
membrane water purification technology to create drinking water 
from a mixture of local water sources, including the Colorado 
River and the California State Water Project.
    The Lake Hodges Surface Water Improvement and Reclamation 
Project will pre-treat and deliver impaired surface water from 
nearby Lake Hodges not currently available for consumptive use. 
Lake Hodges was added to the list of impaired water bodies by 
the California State Water Resources Control Board in 2003. 
Once complete, the project will pre-treat 13,000 acre feet of 
Lake Hodges water, and provide a new local water supply to the 
region.
    The plant is part of the North San Diego County Area Water 
Recycling Project. This larger water recycling system is the 
result of a cooperative effort by the San Elijo Joint Powers 
Authority, the Carlsbad Municipal Water District, the 
Olivenhain Municipal Water District, and the Leucadia 
Wastewater District. It consists of planning, design, and 
construction of facilities to reclaim and reuse approximately 
15,350 acre-feet of water annually in the North San Diego 
County area to reduce the region's dependence on imported water 
supplies and wastewater discharges to the ocean. The Lake 
Hodges Surface Water Improvement and Reclamation Project is 
expected to add to the capacity of the system by providing more 
water to the approximately 58,000 customers the Olivenhain 
Municipal Water District serves in North San Diego County.

                            Committee Action

    H.R. 2649 was introduced on June 11, 2007, by Rep. Brian 
Bilbray (R-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water and Power. Identical legislation was the subject of a 
Water and Power Subcommittee hearing in the 109th Congress on 
July 12, 2006.
    On April 23, 2008, the Subcommittee met to mark up the 
bill. Chairwoman Grace Napolitano (D-CA) offered an amendment 
in the nature of a substitute to rename the short title of the 
bill the Lake Hodges Surface Water Improvement and Reclamation 
Project, and to authorize the project under Title XVI of Public 
Law 102-575. It was adopted by unanimous consent. The bill was 
then forwarded to the Full Committee by unanimous consent.
    On April 30, 2008, the Full Natural Resources Committee met 
to consider the bill. The bill as amended by the Subcommittee 
on Water and Power was ordered favorably reported to the House 
of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that the legislation may be cited as the 
``Lake Hodges Surface Water Improvement and Reclamation Act of 
2008.''

Section 2. Project authorization

    Section 2(a) amends the Reclamation Wastewater and 
Groundwater Study and Facilities Act to include the Lake Hodges 
Surface Water Improvement and Reclamation Project.
    This section also authorizes the Secretary to participate 
in the planning, design, and construction of the project; 
limits the federal share of the cost of the project to 25%; and 
prohibits federal funds from being used in the operation and 
maintenance of the project.
    Section 2(b) provides a clerical amendment to the table of 
sections in the Reclamation Projects Authorization and 
Adjustment Act of 1992.

            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 is to make amendments to the Reclamation 
Projects Authorization and Adjustment Act of 1992.
    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. 2649--Lake Hodges Surface Water Improvement and Reclamation Act of 
        2008

    Summary: H.R. 2649 would authorize the Secretary of the 
Interior to help plan, design, and construct projects to treat, 
reclaim, and reuse water from Lake Hodges in San Diego County, 
California.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 2649 would cost $14 million 
over the 2009-2013 period. Enacting the legislation would not 
affect direct spending or revenues.
    H.R. 2649 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2649 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--
                                                          ------------------------------------------------------
                                                              2009       2010       2011       2012       2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level............................          4          5          5          0          0
Estimated Outlays........................................          2          4          6          2          0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the beginning of fiscal year 
2009 and that the necessary amounts will be appropriated for 
each year.
    H.R. 2649 would authorize the Secretary of the Interior to 
help plan, design, and construct projects to treat, reclaim, 
and reuse water from Lake Hodges in San Diego County, 
California. Based on information from the Department of the 
Interior, CBO estimates that the total cost of those projects 
would be $56 million.
    Under the legislation, the Federal share of those costs 
would be limited to the lesser of 25 percent or $14 million. 
Federal funds would not be available for operating and 
maintaining the projects.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost $14 
million over the 2009-2013 period.
    Intergovernmental and private-sector impact: H.R. 2649 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on State, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Tyler Kruzich; Impact 
on State, local, and tribal governments: Melissa Merrell; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 2649 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 GROUND WATER STUDIES

Sec.  1601.  Short title.
     * * * * * * *
Sec.  163__. Lake Hodges surface water improvement and reclamation 
          project.

           *       *       *       *       *       *       *


       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__. LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION 
                    PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
Olivenhain Municipal Water District, California, is authorized 
to participate in the design, planning, and construction of 
projects to treat, reclaim, and reuse impaired surface water 
from Lakes Hodges in San Diego County, California.
  (b) Cost Share.--The Federal share of the costs of the 
projects authorized by this section shall not exceed 25 percent 
of the total cost.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation or maintenance of a project authorized by this 
section.

           *       *       *       *       *       *       *