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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-125

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



 
           SOUTH ORANGE COUNTY RECYCLED WATER ENHANCEMENT ACT

                                _______
                                

  May 7, 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. 1140]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1140) to authorize the Secretary, in cooperation 
with the City of San Juan Capistrano, California, to 
participate in the design, planning, and construction of an 
advanced water treatment plant facility and recycled water 
system, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1140 as ordered reported, is to 
authorize the Secretary to participate in the design, planning, 
and construction of an advanced water treatment plant facility 
and recycled water system, and for other purposes.

                  Background and Need for Legislation

    H.R. 1140 would amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act (P.L. 102-575, title XVI; 
43 U.S.C. 390h et seq.) and authorizes two separate water 
recycling projects in Southern California.

1. San Juan Capistrano Project

    The San Juan Capistrano project will treat secondary runoff 
for non-potable use in a new facility at the J.B. Latham 
Treatment Plant in Dana Point, California. It is a regional 
project involving the San Juan Capistrano Water District, the 
Moulton Niguel Water District, and the South Coast Water 
District.

2. San Clemente Project

    The San Clemente project would double the capacity of the 
city's water recycling plant, extend pumping and reclaimed 
water transmission infrastructure, and build a reservoir to 
hold reclaimed water for peak usage. An extension of 
transmission infrastructure would allow the city to replace 
3,340 acre-feet per year of potable irrigation water with 
reclaimed water--reducing the city's total use of imported 
potable water by more than 25 percent.

                            Committee Action

    H.R. 1140 was introduced on February 26, 2007 by Rep. Ken 
Calvert (R-CA-44). Similar legislation was introduced by Rep. 
Calvert in the 109th Congress (H.R. 5786). The bill was 
referred to the Committee on Natural Resources, Subcommittee on 
Water and Power. The subcommittee held a hearing on this 
legislation in the 109th Congress. There was no opposition to 
either of these projects and the proposed legislation was 
deemed uncontroversial. On April 19, 2007, the Subcommittee met 
to mark up the bill. No amendments were introduced. H.R. 1140 
was favorably reported by unanimous consent to the Full 
Committee. On May 2, 2007, the Natural Resources Committee met 
to consider the bill. It was favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 lists the short title of H.R. 1140 as the ``South 
Orange County Recycled Water Enhancement Act.''

Section 2. Project authorizations

    Section 2 amends the Reclamation Wastewater and Groundwater 
Study and Facilities Act (P.L. 102-575, title XVI; 43 U.S.C. 
390h et seq.) by authorizing the Secretary of Interior to 
participate in the design and construction of a recycled water 
system and treatment facility in the cities of San Juan 
Capistrano and San Clemente, California.
    The legislation specifies that the Federal government is 
responsible for 25 percent of the total cost of each project, 
but is not responsible for the operation and maintenance of 
either facility. This bill authorizes the appropriation of 
$18,500,000 for the San Juan Capistrano project and $5,000,000 
for the San Clemente project. The authorization for both 
projects sunsets ten years after the enactment of this 
legislation.

            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. The cost of this bill is 
subject to the availability of appropriated funds, up to the 
authorized amount of $23.5 million. Such authorization sunsets 
after a period of ten years.
    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 authorize the Secretary to 
participate in the design, planning, and construction of an 
advanced water treatment plant facility and recycled water 
system, and for other purposes.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1140 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or (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)




           *       *       *       *       *       *       *
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. 163X. San Juan Capistrano Recycled Water System.
Sec. 163X. San Clemente Reclaimed Water 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. 16XX. SAN JUAN CAPISTRANO RECYCLED WATER SYSTEM.

  (a) Authorization.--The Secretary, in cooperation with the 
City of San Juan Capistrano, California, is authorized to 
participate in the design, planning, and construction of an 
advanced water treatment plant facility and recycled water 
system.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $18,500,000.
  (e) Sunset.--The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the 
date of the enactment of this section.

SEC. 163X. SAN CLEMENTE RECLAIMED WATER PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
City of San Clemente, California, is authorized to participate 
in the design, planning, and construction of a project to 
expand reclaimed water distribution, storage and treatment 
facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $5,000,000.
  (e) Sunset.--The authority of the Secretary to carry out any 
provisions of this section shall terminate 10 years after the 
date of the enactment of this section.

           *       *       *       *       *       *       *