[House Report 107-638]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-638
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BURNT, MALHEUR, OWYHEE, AND POWDER RIVER BASIN WATER OPTIMIZATION
FEASIBILITY STUDY ACT OF 2001
_______
September 4, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany S. 238]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill (S.
238) to authorize the Secretary of the Interior to conduct
feasibility studies on water optimization in the Burnt River
basin, Malheur River basin, Owyhee River basin, and Powder
River basin, Oregon, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
PURPOSE OF THE BILL
The purpose of S. 238, is to authorize the Secretary of the
Interior to conduct feasibility studies on water optimization
in the Burnt River basin, Malheur River basin, Owyhee River
basin, and Powder River basin, Oregon.
BACKGROUND AND NEED FOR LEGISLATION
Watershed Councils in the Malheur, Owyhee, Powder, and
Burnt River basins bring together local farmers, ranchers, and
other landowners; organized agricultural, industrial,
environmental interests; and resource management agencies to
develop action plans to implement measures that will improve
the health of streams and make improvements to the overall
environment of the areas while maintaining a viable economy.
Multi-purpose irrigation facilities located in the Malheur,
Owyhee, Powder, and Burnt River basins were developed by the
Bureau of Reclamation but are now operated by the local water
users. Reclamation is involved with the Councils in these
basins to help develop, review, and update action plans;
perform construction design and survey work; conduct
congressionally authorized feasibility analysis for structural
action plan items; and participate in public involvement
activities.
The Councils are interested in involving Reclamation with
small-scale construction projects to address resource
management issues they tackle on a regular basis. Congressional
authorization is necessary for Reclamation to participate and
develop the feasibility reports necessary to submit to Congress
for any work that would require construction authorization for
federal assistance with these projects.
COMMITTEE ACTION
S. 238 was referred to the Committee on Resources on
September 5, 2001 and within the Committee to the Subcommittee
on Water and Power. On July 10, 2002, the Full Resources
Committee met to consider the bill. By unanimous consent the
Subcommittee was discharged from further consideration of the
bill. The bill was then ordered favorably reported to the House
of Representatives, without amendment, by unanimous consent.
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. 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 of the
Interior to conduct feasibility studies on water optimization
in the Burnt River basin, Malheur River basin, Owyhee River
basin, and Powder River basin, Oregon.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 2002.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 283, the Burnt,
Malheur, Owyhee, and Powder River Basin Water Optimization
Feasibility Study Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 238--Burnt, Malheur, Owyhee, and Powder River Basin Water
Optimization Feasibility Study Act of 2001
S. 238 would direct the Secretary of the Interior to
conduct feasibility studies for optimizing water use in the
Burnt River, Malheur River, Owyhee River, and Powder River
basins in Oregon. The bill would authorize the appropriation of
funds necessary to complete those feasibility studies.
CBO estimates these studies would cost about $1.3 million.
Based on information from the Bureau of Reclamation, however,
CBO expects the federal government would share this cost with
the State of Oregon, local counties, and certain irrigation
districts. Assuming appropriation of the necessary funds, CBO
estimates that implementing S. 238 would cost about $650,000
over the 2003-07 period. S. 238 would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
On May 22, 2001, CBO transmitted a cost estimate for S.
238, Burnt, Malheur, Owyhee, and Powder River Basin Water
Optimization Feasibility Study Act of 2001, as ordered reported
by the Senate Committee on Energy and Natural Resources on May
16, 2001. On March 1, 2002, CBO transmitted a cost estimate for
H.R. 1883, Burnt, Malheur, Owyhee, and Powder River Basin Water
Optimization Feasibility Study Act of 2001, as ordered reported
by the House Committee on Resources on February 27, 2001.
All three versions of this legislation are identical,
except for minor wording differences. Based on new information
from the Bureau of Reclamation, however, CBO increased its
estimate of federal costs from $250,000 to $650,000 for
completing the feasibility studies outlined in H.R. 1883 and S.
238 as ordered reported by the House Committee on Resources.
The CBO staff contact for this estimate is Julie Middleton.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.