[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 135 Reported in House (RH)]
Union Calendar No. 429
110th CONGRESS
2d Session
H. R. 135
[Report No. 110-504, Parts I and II]
To establish the Twenty-First Century Water Commission to study and
develop recommendations for a comprehensive water strategy to address
future water needs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Linder (for himself, Mr. Butterfield, Ms. Bordallo, Mr. Norwood,
Mr. Gary G. Miller of California, and Mr. Terry) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
December 19, 2007
Reported from the Committee on Natural Resources
December 19, 2007
Referral to the Committee on Transportation and Infrastructure extended
for a period ending not later than January 15, 2008
January 15, 2008
Referral to the Committee on Transportation and Infrastructure extended
for a period ending not later than February 29, 2008
February 29, 2008
Referral to the Committee on Transportation and Infrastructure extended
for a period ending not later than April 30, 2008
April 30, 2008
Referral to the Committee on Transportation and Infrastructure extended
for a period ending not later than May 22, 2008
May 22, 2008
Referral to the Committee on Transportation and Infrastructure extended
for a period ending not later than June 6, 2008
June 4, 2008
Additional sponsors: Mr. Goodlatte, Mr. Sessions, Mrs. Napolitano, Mr.
Price of Georgia, Mr. Gingrey, Mr. Kuhl of New York, Mrs. Musgrave, Mr.
Marchant, Mr. Weldon of Florida, Mr. Costa, Mr. Hastings of Florida,
Mr. Shadegg, Mr. Davis of Illinois, Mr. Stupak, Ms. Loretta Sanchez of
California, Mr. Scott of Georgia, Mr. Kingston, Mr. Marshall, Mr.
Bishop of Georgia, Mr. Deal of Georgia, Mr. Johnson of Georgia, Mr.
Lewis of Georgia, Mr. Hinojosa, and Mr. Calvert
June 4, 2008
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
4, 2007]
_______________________________________________________________________
A BILL
To establish the Twenty-First Century Water Commission to study and
develop recommendations for a comprehensive water strategy to address
future water needs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 21ST CENTURY WATER COMMISSION.
(a) Establishment.--There is established a commission to be known
as the 21st Century Water Commission (in this section referred to as
the ``Commission'').
(b) Duties.--The duties of the Commission shall be to--
(1) use existing water studies and assessments and conduct
such additional studies and assessments as may be necessary,
including studies and assessments on climate change impacts,
to--
(A) project future water supply needs and demand;
(B) develop national and regional assessments on
flood risk and water availability; and
(C) develop national and regional trends related to
water quality;
(2) study current water management programs of Federal,
interstate, State, and local agencies and private sector
entities directed at increasing water supplies, managing flood
risk, and improving the availability, reliability, and quality
of water resources; and
(3) develop recommendations, in consultation with
representatives of such agencies and entities, for a
comprehensive water strategy that--
(A) identifies incentives to ensure an adequate and
dependable supply of water to meet the needs of the
United States for the next 50 years;
(B) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding and
enhancing the environment;
(C) suggests financing options, incentives, and
opportunities for development of comprehensive
watershed management plans, regional watershed
planning, holistically designed water resources
projects, and increased use of nonstructural elements
(including green infrastructure and low impact
development techniques);
(D) encourages, to the maximum extent practicable,
the integration of flood control and water supply
projects, including recommendations for capturing
excess water and flood water for conservation and
reuse;
(E) suggests options to promote the use of, and
reduce biases against, nonstructural elements
(including green infrastructure and low impact
development techniques) when managing stormwater,
including features that--
(i) preserve and restore natural processes,
landforms (such as floodplains), natural
storage, natural vegetated stream side buffers,
wetlands, or other topographical features;
(ii) utilize natural design techniques that
infiltrate, filter, store, evaporate, and
detain water close to its source; or
(iii) minimize the use of impervious
surfaces;
(F) encourages the avoidance and minimization of
adverse impacts to natural systems, and where possible,
the restoration of natural systems; and
(G) addresses other objectives related to a
comprehensive water strategy which the Commission shall
consider appropriate.
(c) Development of a Comprehensive Water Strategy.--
(1) Impacts of climate change.--In developing
recommendations for a comprehensive water strategy, the
Commission shall--
(A) evaluate the effectiveness of existing hazard
mitigation strategies and contingency planning
provisions for Federal, interstate, State, and local
water management programs in light of climate change
impacts, including sea level rise, changing weather
patterns, increased risk of flooding or drought, and
associated impacts to water quality;
(B) consider and evaluate the impacts of climate
change;
(C) include strategies for using best available
climate science in projections of future flood and
drought risk, and for developing hazard mitigation
strategies to protect water quality in extreme weather
conditions caused by climate change; and
(D) identify adaptation techniques, or further
research needs of adaptation techniques, for responding
to climate change impacts.
(2) Policy considerations.--In developing recommendations
for a comprehensive water strategy, the Commission shall--
(A) respect the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identify whether recommendations are consistent
with existing laws, treaties, decrees, and interstate
compacts;
(C) identify duplication among Federal governmental
programs, and make recommendations to improve
coordination among Federal, interstate, State, and
local agencies; and
(D) avoid suggesting strategies for increased
mandates on State and local governments.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 11 members who shall be appointed, not later than
90 days after the date of enactment of this Act, as follows:
(A) 3 members appointed by the President.
(B) 3 members appointed by the Speaker of the House
of Representatives from a list of 6 individuals--
(i) 3 nominated for that appointment by the
chairman of the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(ii) 3 nominated for that appointment by
the chairman of the Committee on Natural
Resources of the House of Representatives.
(C) 3 members appointed by the majority leader of
the Senate from a list of 6 individuals--
(i) 3 nominated for that appointment by the
chairman of the Committee on Environment and
Public Works of the Senate; and
(ii) 3 nominated for that appointment by
the chairman of the Committee on Energy and
Natural Resources of the Senate.
(D) 1 member appointed by the minority leader of
the House of Representatives from a list of 2
individuals--
(i) 1 nominated for that appointment by the
ranking member of the Committee on
Transportation and Infrastructure of the House
of Representatives; and
(ii) 1 nominated for that appointment by
the ranking member of the Committee on Natural
Resources of the House of Representatives.
(E) 1 member appointed by the minority leader of
the Senate from a list of 2 individuals--
(i) 1 nominated for that appointment by the
ranking member of the Committee on Environment
and Public Works of the Senate; and
(ii) 1 nominated for that appointment by
the ranking member of the Committee on Energy
and Natural Resources of the Senate.
(2) Qualifications.--
(A) Recognized standing and distinction.--Members
shall be appointed to the Commission from among
individuals who are of recognized standing and
distinction in water policy issues.
(B) Limitation.--A person while serving as a member
of the Commission may not hold any other position as an
officer or employee of the United States, except as a
retired officer or retired civilian employee of the
United States.
(C) Other considerations.--In appointing members of
the Commission, every effort shall be made to ensure
that the members represent a broad cross section of
regional and geographical perspectives in the United
States.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by a majority vote of the members of the Commission.
(4) Terms.--Members of the Commission shall serve for the
life of the Commission.
(5) Vacancies.--A vacancy on the Commission shall not
affect its operation and shall be filled in the manner in which
the original appointment was made.
(6) Compensation and travel expenses.--Members of the
Commission shall serve without compensation; except that
members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57, United States Code.
(e) Meetings and Quorum.--
(1) Meetings.--The Commission shall hold its first meeting
not later than 60 days after the date on which all original
members are appointed under subsection (d) and shall hold
additional meetings at the call of the Chairperson or a
majority of its members.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(f) Staffing.--The Chairperson of the Commission may, without
regard to the civil service laws and regulations, appoint and terminate
an Executive Director and such other additional personnel as may be
necessary for the Commission to perform its duties. The Executive
Director shall be compensated at a rate not to exceed the annual rate
of basic pay for GS-15 of the General Schedule. The employment and
termination of an Executive Director shall be subject to confirmation
by a majority of the members of the Commission.
(g) Hearings.--
(1) Minimum number.--The Commission shall hold no fewer
than 10 hearings during the life of the Commission.
(2) In conjunction with meetings.--Hearings may be held in
conjunction with meetings of the Commission.
(3) Testimony and evidence.--The Commission may take such
testimony and receive such evidence as the Commission considers
appropriate to carry out this section.
(4) Specified.--At least one hearing shall be held in
Washington, District of Columbia, for the purpose of taking
testimony of representatives of Federal agencies, national
organizations, and Members of Congress. At least one hearing
shall focus on potential water resource issues relating to
climate change and how to mitigate the harms of climate change-
related weather events.
(5) Nonspecified.--Hearings, other than those referred to
in paragraph (4), shall be scheduled in distinct geographical
regions of the United States. In conducting such hearings, the
Commission should seek to ensure testimony from individuals
with a diversity of experiences, including those who work on
water issues at all levels of government and in the private
sector.
(h) Information and Support From Federal Agencies.--Upon request of
the Commission, the head of a Federal department or agency shall--
(1) provide to the Commission, within 30 days of the
request, such information as the Commission considers necessary
to carry out this section; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out this section.
(i) Interim Reports.--Not later than one year after the date of the
first meeting of the Commission, and every year thereafter, the
Commission shall submit an interim report containing a detailed summary
of its progress, including meetings held and hearings conducted before
the date of the report, to--
(1) the President; and
(2) Congress.
(j) Final Report.--As soon as practicable, but not later than 5
years after the date of the first meeting of the Commission, the
Commission shall submit a final report containing a detailed statement
of the findings and conclusions of the Commission and recommendations
for legislation and other policies to implement such findings and
conclusions to--
(1) the President;
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate.
(k) Termination.--The Commission shall terminate not later than 30
days after the date on which the Commission transmits a final report
under subsection (j).
(l) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the
Commission.
(m) Authorization of Appropriations.--There is authorized to be
appropriated $12,000,000 to carry out this section.
Union Calendar No. 429
110th CONGRESS
2d Session
H. R. 135
[Report No. 110-504, Parts I and II]
_______________________________________________________________________
A BILL
To establish the Twenty-First Century Water Commission to study and
develop recommendations for a comprehensive water strategy to address
future water needs.
_______________________________________________________________________
June 4, 2008
Reported from the Committee on Transportation and Infrastructure with
an amendment