[House Report 108-356]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-356
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AMENDING THE RECLAMATION PROJECT AUTHORIZATION ACT OF 1972 TO CLARIFY
THE ACREAGE FOR WHICH THE NORTH LOUP DIVISION IS AUTHORIZED TO PROVIDE
IRRIGATION WATER UNDER THE MISSOURI RIVER BASIN PROJECT
_______
November 7, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3209]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3209) to amend the Reclamation Project Authorization Act
of 1972 to clarify the acreage for which the North Loup
division is authorized to provide irrigation water under the
Missouri River Basin project, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
Purposes of the Bill
The purpose of H.R. 3209 is to amend the Reclamation
Project Authorization Act of 1972 to clarify the acreage for
which the North Loup Division is authorized to provide
irrigation water under the Missouri River Basin Project.
Background and Need for Legislation
The Reclamation Project Authorization Act of 1972
authorized the construction of the North Loup Division of the
Pick-Sloan Missouri Basin Program, located within the Loup
River drainage basin in cental Nebraska. The Division is
operated by the Twin Loups Reclamation District and the Twin
Loups Irrigation District. The Act authorizes full-service
irrigation of 53,000 acres. This is a very specific number and
it has become evident that the Districts can not meet this
exacting requirement, and at the same time comply with other
Federal, State, and local requirements.
Water service contracts and construction repayment
contracts require the Districts to comply with Federal and
State statutes, and to comply with Bureau of Reclamation rules
and regulations consistent with the provisions of the
contracts. However, Federal and State statutes have different
requirements for reporting irrigable service area. Given two
conflicting requirements for designation of acres, it is
impossible for the Districts to comply with Federal and State
requirements while simultaneously designating exactly 53,000
acres, the number of acres stated in the Act.
Other circumstances, too, that are beyond the control of
the Districts and the Bureau of Reclamation, are making it
impossible for the Districts to cite an exact acreage total.
Construction and condemnation for construction of roads is
presently occurring within the District that will change
irrigated ground to State Highway right-of-way. Buffer strips,
riparian habitat easements, and other conservation program
requirements have caused adjustments to irrigated areas as
well. Adjustment of acres in the Districts to a number other
than 53,000 acres is not a new concept, and is recognized in a
contract between the United States and the Twin Loups
Irrigation District.
Committee Action
H.R. 3209 was introduced by Congressman Tom Osborne (R-NE).
The bill was referred to the Committee on Resources and within
the Committee to the Subcommittee on Water and Power. On
October 29, 2003, the Full Resources Committee met to consider
the bill. The Subcommittee was discharged from further
consideration of the bill by unanimous consent. No amendments
were offered and the bill was ordered favorably reported to the
House of Representatives 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 amend the Reclamation Project
Authorization Act of 1972 to clarify the acreage for which the
North Loup Division is authorized to provide irrigation water
under the Missouri River Basin Project.
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, November 6, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC 20515
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3209, a bill to
amend the Reclamation Project Authorization Act of 1972 to
clarify the acreage for which the North Loup division is
authorized to provide irrigation water under the Missouri River
Basin project.
If you wish further details on this estimate, we will be
pleased to provide them, the CBO staff contact is Melissa E.
Zimmerman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 3209--A bill to amend the Reclamation Project Authorization Act of
1972 to clarify the acreage for which the North Loup division
is authorized to provide irrigation water under the Missouri
River Basin project
H.R. 3209 would amend current law to authorize the North
Loup division of the Missouri River Basin project to provide
irrigation water to ``approximately 53,000'' acres instead of
exactly 53,000 acres. CBO estimates that implementing the bill
would have no effect on federal spending because implementing
the bill would not authorize additional spending or modify the
amounts charged for irrigation water.
H.R. 3209 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.
The staff contact for this estimate is Melissa E.
Zimmerman. 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 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 501 OF THE RECLAMATION PROJECT AUTHORIZATION ACT OF 1972
NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA
Sec. 501. The North Loup division heretofore authorized as
an integral part of the Missouri River Basin project by section
9 of the Flood Control Act of December 22, 1944, as amended and
supplemented, is hereby reauthorized as a unit of that project
for the purposes of providing irrigation water for [fifty-three
thousand acres] approximately 53,000 acres of land, enhancement
of outdoor recreation opportunities, conservation and
development of fish and wildlife resources, and for other
purposes. The principal features of the North Loup division
shall include Calamus and Davis Creek Dams and Reservoirs, Kent
diversion works; irrigation canals; pumping facilities;
associated irrigation distribution and drainage works;
facilities for public outdoor recreation and fish and wildlife
developments; and other necessary works and facilities to
effect its purposes.