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106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-857
HAWAII WATER RESOURCES ACT OF 2000
September 18, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
Mr. Young of Alaska, from the Committee on Resources, submitted the
R E P O R T
[To accompany S. 1694]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill (S.
1694) to direct the Secretary of the Interior to conduct a
study on the reclamation and reuse of water and wastewater in
the State of Hawaii, 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
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hawaii Water Resources Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
(2) State.--The term ``State'' means the State of Hawaii.
SEC. 3. HAWAII WATER RESOURCES STUDY.
(a) In General.--The Secretary, acting through the Commissioner of
Reclamation and in accordance with the provisions of this Act and
existing legislative authorities as may be pertinent to the provisions
of this Act, including: the Act of August 23, 1954 (68 Stat. 773,
chapter 838), authorizing the Secretary to investigate the use of
irrigation and reclamation resource needs for areas of the islands of
Oahu, Hawaii, and Molokai in the State of Hawaii; section 31 of the
Hawaii Omnibus Act (43 U.S.C. 422l) authorizing the Secretary to
develop reclamation projects in the State under the Act of August 6,
1956 (70 Stat. 1044, chapter 972; 42 U.S.C. 422a et seq.) (commonly
known as the ``Small Reclamation Projects Act''); and the amendment
made by section 207 of the Hawaiian Home Lands Recovery Act (109 Stat.
364; 25 U.S.C. 386a) authorizing the Secretary to assess charges
against Native Hawaiians for reclamation cost recovery in the same
manner as charges are assessed against Indians or Indian tribes; is
authorized and directed to conduct a study that includes--
(1) a survey of the irrigation and other agricultural water
delivery systems in the State;
(2) an estimation of the cost of repair and rehabilitation of
the irrigation and other agricultural water delivery systems;
(3) an evaluation of options and alternatives for future use
of the irrigation and other agricultural water delivery systems
(including alternatives that would improve the use and
conservation of water resources and would contribute to
agricultural diversification, economic development, and
improvements to environmental quality); and
(4) the identification and investigation of opportunities for
recycling, reclamation, and reuse of water and wastewater for
agricultural and nonagricultural purposes.
(1) In general.--Not later than 2 years after appropriation
of funds authorized by this Act, the Secretary shall submit a
report that describes the findings and recommendations of the
study described in subsection (a) to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Resources of the House of
(2) Additional reports.--The Secretary shall submit to the
committees described in paragraph (1) any additional reports
concerning the study described in subsection (a) that the
Secretary considers to be necessary.
(c) Cost Sharing.--Costs of conducting the study and preparing the
reports described in subsections (a) and (b) of this section shall be
shared between the Secretary and the State. The Federal share of the
costs of the study and reports shall not exceed 50 percent of the total
cost, and shall be nonreimbursable. The Secretary shall enter into a
written agreement with the State, describing the arrangements for
payment of the non-Federal share.
(d) Use of Outside Contractors.--The Secretary is authorized to
employ the services and expertise of the State and/or the services and
expertise of a private consultant employed under contract with the
State to conduct the study and prepare the reports described in this
section if the State requests such an arrangement and if it can be
demonstrated to the satisfaction of the Secretary that such an
arrangement will result in the satisfactory completion of the work
authorized by this section in a timely manner and at a reduced cost.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $300,000 for the Federal share of the activities
authorized under this Act.
SEC. 4. WATER RECLAMATION AND REUSE.
(a) Section 1602(b) of the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h(b)) is amended by inserting
before the period at the end the following: ``, and the State of
(b) The Secretary is authorized to use the authorities available
pursuant to section 1602(b) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(b)) to conduct the
relevant portion of the study and preparation of the reports authorized
by this Act if the use of such authorities is found by the Secretary to
be appropriate and cost-effective, and provided that the total Federal
share of costs for the study and reports does not exceed the amount
authorized in section 3 of this Act.
SEC. 5. DROUGHT RELIEF.
Section 104 of the Reclamation States Emergency Drought Relief Act of
1991 (43 U.S.C. 2214) is amended--
(1) in subsection (a), by inserting after ``Reclamation
State'' the following: ``and in the State of Hawaii''; and
(2) in subsection (c), by striking ``ten years after the date
of enactment of this Act'' and inserting ``on September 30,
Purpose of the Bill
The purpose of S. 1694 is to direct the Secretary of the
Interior to conduct a study on the reclamation and reuse of
water and wastewater in the State of Hawaii.
Background and Need for Legislation
S. 1694 would amend Title XVI of the Reclamation Wastewater
and Groundwater Study and Facilities Act (Public Law 102-575)
to include Hawaii as a state eligible to participate in the
Bureau of Reclamation's Title XVI Program.
Hawaii's relationship with the Bureau of Reclamation dates
from 1939, when the agency proposed developing an aqueduct on
Molokai to serve 16,000 acres of federally-managed Hawaiian
Home Lands. While this project did not proceed, in 1954
Congress directed the Bureau to investigate irrigation and
reclamation needs for three of the islands: Oahu, Hawaii, and
Molokai. A federal reclamation project on the Island of Molokai
was eventually constructed in response to this investigation.
The project continues in operation today.
Under S. 1694, the Bureau of Reclamation may survey
irrigation and water delivery systems in Hawaii, identify the
cost of rehabilitating the systems, and evaluate demand for
their future use. The bill also instructs the Bureau to
identify new opportunities for reclamation and reuse of water
and wastewater for agricultural and non-agricultural purposes.
Finally, the bill authorizes the Bureau to conduct emergency
drought relief in Hawaii.
For additional information, see Senate Report 106-234.
S. 1694 was introduced on October 6, 1999, by Senator
Daniel Akaka (D-HI). On April 13, 2000, the Senate passed S.
1694 with an amendment by unanimous consent. In the House of
Representatives, the bill was referred to the House Committee
on Resources, and within the Committee to the Subcommittee on
Water and Power. On July 26, 2000, the Resources Committee met
and discharged the Subcommittee on Water and Power from further
consideration of the bill by unanimous consent. Congressman
Neil Abercrombie (D-HI) offered an amendment in the nature of a
substitute to the bill which passed by unanimous consent. The
bill was then ordered favorably reported to the House of
Representatives by unanimous consent.
Section 1. Short title
This section designates that the short title of this bill
as the ``Hawaii Water Resources Act of 2000''.
Section 2. Definitions
This section defines two terms used in the bill.
Section 3. Hawaii water resources study
This section directs the Secretary of the Interior, acting
through the Bureau of Reclamation, to conduct a study that
includes a survey and repair cost estimate of irrigation and
other agricultural water delivery systems; an evaluation of
options for future use of irrigation and other water delivery
systems; and an identification and investigation of
opportunities for recycling, reclamation and reuse of water.
This section also authorizes appropriations of $300,000 for the
federal costs of the study.
Section 4. Water reclamation and reuse
This section amends the Reclamation Wastewater and
Groundwater Study and Facilities Act to include the State of
Section 5. Drought relief
This section amends the Reclamation States Emergency
Drought Relief Act of 1991 to extend drought relief programs to
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 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. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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
Congressional Budget Office,
Washington, DC, August 9, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1694, the Hawaii
Water Resources Reclamation Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Barry B. Anderson
(for Dan L. Crippen, Director).
S. 1694--Hawaii Water Resources Reclamation Act of 2000
CBO estimates that implementing S. 1694 would have no
significant impact on the federal budget. Because the act would
not affect direct spending or receipts, pay-as-you-go
procedures would not apply. S. 1694 contains an
intergovernmental mandate as defined in the Unfunded Mandates
Reform Act (UMRA), but CBO estimates the cost would not be
significant and would not meet the threshold established in
UMRA ($55 million in 2000, adjusted annually for inflation).
The legislation contains no new private-sector mandates.
S. 1694 would authorize the appropriation of the sums
necessary for the Secretary of the Interior to conduct a study
of water resources in the state of Hawaii and report to the
Congress within two years from the time when such sums are
provided. Based on information from the Bureau of Reclamation,
CBO estimates that those activities would cost a total of
$400,000 over two years, assuming appropriation of the
The act also would permit the state of Hawaii to request
emergency assistance from the bureau under the Reclamation
States Emergency Drought Relief Act. Any such assistance
provided to the state would be subject to the availability of
appropriations. The 17 states currently eligible for such
assistance received a total appropriations of $3 million in
fiscal year 2000. CBO estimates that making Hawaii eligible for
this type of assistance would not significantly affect federal
S. 1694 contains an intergovernmental mandate as defined in
UMRA because it would require the state of Hawaii to share the
cost of the water resources study. We estimate that Hawaii's
share of the cost would be approximately $200,000 over two
years. Overall, however, this legislation could benefit the
state of Hawaii by enabling it to participate in the emergency
drought relief program.
On February 22, 2000, CBO transmitted a cost estimate for
S. 1694 as ordered reported by the Senate Committee on Energy
and Natural Resources on February 10, 2000. That version of the
legislation did not require Hawaii to share the cost of the
water resources study and therefore did not contain an
intergovernmental mandate. Otherwise, the two versions of this
legislation are nearly identical, and the estimated costs are
The CBO staff contact for this estimate is Rachel
Applebaum. The estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates, as defined by
Public Law 104-4.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
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 (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):
SECTION 1602 OF THE RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND
SEC. 1602. GENERAL AUTHORITY.
(a) * * *
(b) Such program shall be limited to the States and areas
referred to in section 1 of the Reclamation Act of 1902 (Act of
June 17, 1902, 32 Stat. 388) as amended, and the State of
* * * * * * *
SECTION 104 OF THE RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF
SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.
(a) In General.--The programs and authorities established
under this title shall become operative in any Reclamation
State and in the State of Hawaii only after the Governor or
Governors of the affected State or States, or on a reservation,
when the governing body of the affected tribe has made a
request for temporary drought assistance and the Secretary has
determined that such temporary assistance is merited, or upon
the approval of a drought contingency plan as provided in title
II of this Act.
* * * * * * *
(c) Termination of Authority.--The authorities established
under this title shall terminate [ten years after the date of
enactment of this Act] on September 13, 2005.