[Senate Report 115-102]
[From the U.S. Government Publishing Office]
Calendar No. 132
115th Congress } { Report
SENATE
1st Session } { 115-102
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WICHITA PROJECT EQUUS BEDS DIVISION AUTHORIZATION EXTENSION ACT
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June 8, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 703]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 703) to extend the authority of the
Secretary of the Interior to carry out the Equus Beds Division
of the Wichita Project, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose
The purpose of S. 703 is to extend the authority of the
Secretary of the Interior to carry out the Equus Beds Division
of the Wichita Project.
Background and Need
Water is supplied to the City of Wichita, Kansas from the
Cheney Reservoir and the Equus Beds aquifer. The Cheney
Reservoir is impounded by the Cheney Dam, which Congress
authorized in 1960 with the enactment of Public Law 86-787. The
Cheney Dam and Reservoir make up the Cheney Division of the
Bureau of Reclamation's Wichita Project. Artificial recharge of
the Equus Beds aquifer is needed to ensure the city can meet
future water demand during periods of prolonged drought.
To meet this demand, in 2006, Congress enacted the Wichita
Project Equus Beds Division Authorization Act of 2005 (Public
Law 109-299), which amended Public Law 86-787. The amendment
authorized the Bureau of Reclamation (BOR) to enter into
agreements with the City of Wichita to fund and implement the
Equus Beds Division of the Wichita Project. The authorization,
which allows the BOR to provide up to 25 percent or $30 million
(indexed from January 2003) of the total estimated project
costs, expired in October 2016 prior to completion of the
project. The Equus Beds Aquifer Storage and Recovery Project is
a major component of the City of Wichita's Drought Response
Plan to increase and sustain drought protection through 2060.
The project is intended to improve drought resilience by
recharging groundwater and protecting the Equus Beds Aquifer
against salt and contaminant intrusion.
S. 703 will extend the project's authorization by an
additional 10 years to allow continued BOR participation in the
Equus Beds Aquifer Storage and Recovery Project.
Legislative History
Senators Moran and Roberts introduced S. 703 on March 22,
2017.
In the 114th Congress, Senators Moran and Roberts
introduced similar legislation, S. 2488, on February 3, 2016.
The measure was included in Amendment No. 3234, which the
Senate agreed to on April 19, 2016, as an amendment to S. 2012,
the Energy Policy Modernization Act of 2016, which the Senate
passed, as amended, on April 20, 2016.
Representative Pompeo introduced companion legislation,
H.R. 4440, in the House of Representatives on February 2, 2016.
The Senate Committee on Energy and Natural Resources, in an
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommended that the Senate pass S.
703.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on March 30, 2017, by a voice vote of a
quorum present, recommended that the Senate pass S. 703.
Section-by-Section Analysis
Section 1 provides the short title.
Section 2 extends by 10 years the existing authorization
for the Equus Beds Division of the Wichita Project by replacing
``10 years'' with ``20 years'' in section 10(h) of Public Law
86-787.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 703 would authorize the Bureau of Reclamation (BOR) to
assist the city of Wichita, Kansas with implementing a local
plan to recharge the groundwater of the Equus Beds Aquifer. The
project consists of four phases and the city has completed
phases I and II. The bill would authorize the BOR to assist the
city with the final phases of the project over the next 10
years.
Based on information from the BOR, and assuming
appropriation of the necessary amounts, CBO estimates that
implementing the legislation would cost $30 million over the
2018-2022 period.
Enacting S. 703 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
also estimates that enacting the bill would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 703 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.
The CBO Staff contact for this estimate is Aurora Swanson
(Federal Costs), Jon Sperl (Impacts on State, Local and Tribal
Governments), and Amy Petz (Impact on the Private Sector). The
estimate was approved by H. Samuel Papenfuss, Deputy, Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 703.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 703, as ordered reported.
Congressionally Directed Spending
S. 703, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
Executive Communications were not requested by the Senate
Committee on Energy and Natural Resources in the 115th
Congress.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Public Law 86-787
As amended by Public Law 109-299
* * * * * * *
SEC. 10. EQUUS BEDS DIVISION.
(a) Authorization.--The Secretary of the Interior may
assist in the funding and implementation of the Equus Beds
Aquifer Recharge and Recovery Component which is a part of the
`Integrated Local Water Supply Plan, Wichita, Kansas' (referred
to in this section as the `Equus Beds Division'). Construction
of the Equus Beds Division shall be in substantial accordance
with the plans and designs.
(b) Operation, Maintenance, and Replacement.--Operation,
maintenance, and replacement of the Equus Beds Division,
including funding for those purposes, shall be the sole
responsibility of the City of Wichita, Kansas. The Equus Beds
Division shall be operated in accordance with applicable laws
and regulations.
(c) Agreements.--The Secretary of the Interior may enter
into, or agree to amendments of, cooperative agreements and
other appropriate agreements to carry out this section.
(d) Administrative Costs.--From funds made available for
this section, the Secretary of the Interior may charge an
appropriate share related to administrative costs incurred.
(e) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section,
the Secretary of the Interior shall work cooperatively with the
City of Wichita, Kansas, to use, to the extent possible, plans,
designs, and engineering and environmental analyses that have
already been prepared by the City for the Equus Beds Division.
The Secretary of the Interior shall assure that such
information is used consistent with applicable Federal laws and
regulations.
(f) Title; Responsibility; Liability.--Nothing in this
section or assistance provided under this section shall be
construed to transfer title, responsibility, or liability
related to the Equus Beds Division (including portions or
features thereof) to the United States.
(g) Authorization of Appropriations.--There is authorized
to be appropriated as the Federal share of the total cost of
the Equus Beds Division, an amount not to exceed 25 percent of
the total cost or $30,000,000 (January, 2003 prices), whichever
is less, plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction
costs as indicated by engineering cost indexes applicable to
the type of construction involved herein, whichever is less.
Such sums shall be nonreimbursable.
(h) Termination of Authority.--The authority of the
Secretary of the Interior to carry out any provision of this
section shall terminate [10 years] 20 years after the date of
enactment of this section.