House Report 106-811 - COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT ACT

[House Report 106-811]
[From the U.S. Government Publishing Office]

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-811

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COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT ACT

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September 6, 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
following

R E P O R T

[To accompany H.R. 1113]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 1113) to assist in the development and implementation of
projects to provide for the control of drainage, storm, flood
and other waters as part of water-related integrated resource
management, environmental infrastructure, and resource
protection and development projects in the Colusa Basin
Watershed, California, 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 out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.

SEC. 2. AUTHORIZATION OF ASSISTANCE.

The Secretary of the Interior (in this Act referred to as the
``Secretary''), acting within existing budgetary authority, may provide
financial assistance to the Colusa Basin Drainage District, California
(in this Act referred to as the ``District''), for use by the District
or by local agencies acting pursuant to section 413 of the State of
California statute known as the Colusa Basin Drainage Act (California
Stats. 1987, ch. 1399) as in effect on the date of the enactment of
this Act (in this Act referred to as the ``State statute''), for
planning, design, environmental compliance, and construction required
in carrying out eligible projects in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the purposes
referred to in paragraph (1), surface or stormwater for
conservation, conjunctive use, and increased water supplies.

SEC. 3. PROJECT SELECTION.

(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 2 only if it is--
(1) consistent with the plan for flood protection and
integrated resources management described in the document
entitled ``Draft Programmatic Environmental Impact Statement/
Environmental Impact Report and Draft Program Financing Plan,
Integrated Resources Management Program for Flood Control in
the Colusa Basin'', dated May 2000; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this Act are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the authority of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.

SEC. 4. COST SHARING.

(a) Non-Federal Share.--The Secretary shall require that the District
and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
Act; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(b) Planning, Design, and Compliance Assistance.--Funds appropriated
pursuant to this Act may be made available to fund all costs incurred
for planning, design, and environmental compliance activities by the
District or by local agencies acting pursuant to the State statute, in
accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of lands, interests in lands (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as a payment by the District
of the costs of the project.

SEC. 5. COSTS NONREIMBURSABLE.

Amounts expended pursuant to this Act shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental
thereto.

SEC. 6. AGREEMENTS.

Funds appropriated pursuant to this Act may be made available to the
District or a local agency only if the District or local agency, as
applicable, has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is required
to pay the non-Federal share of the costs of construction
required by section 4(a); and
(2) governing the funding of planning, design, and compliance
activities costs under section 4(b).

SEC. 7. REIMBURSEMENT.

For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting pursuant to the State statute in section 2 before the
date amounts are provided for the project under this Act, the Secretary
shall, subject to amounts being made available in advance in
appropriations Acts, reimburse the District or the local agency,
without interest, an amount equal to the estimated Federal share of the
cost of such work under section 4.

SEC. 8. COOPERATIVE AGREEMENTS.

(a) In General.--The Secretary may enter into cooperative agreements
and contracts with the District to assist the Secretary in carrying out
the purposes of this Act.
(b) Subcontracting.--Under such cooperative agreements and contracts,
the Secretary may authorize the District to manage and let contracts
and receive reimbursements, subject to amounts being made available in
advance in appropriations Acts, for work carried out under such
contracts or subcontracts.

SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.

Activities carried out, and financial assistance provided, under this
Act shall not be considered a supplemental or additional benefit for
purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).

SEC. 10. APPROPRIATIONS AUTHORIZED.

Within existing budgetary authority and subject to the availability
of appropriations, the Secretary is authorized to expend up to
$25,000,000, plus such additional amount, if any, as may be required by
reason of changes in costs of services of the types involved in the
District's projects as shown by engineering and other relevant indexes
to carry out this Act. Sums appropriated under this section shall
remain available until expended.

PURPOSE OF THE BILL

The purposes of H.R. 1113 is to assist in the development
and implementation of projects to provide for the control of
drainage, storm, flood and other waters as part of water-
related integrated resource management, environmental
infrastructure, and resource protection and development
projects in the Colusa Basin Watershed, California.

BACKGROUND AND NEED FOR LEGISLATION

The Colusa Basin watershed covers approximately one million
acres in three counties (Glenn, Colusa and Northern Yolo) in
California's upper Sacramento Valley along the Sacramento
River. Land within the Basin is devoted primarily to
agriculture production including irrigated crops, orchards, and
vineyards in the valley lands. The majority of the irrigation
water is obtained through the Central Valley Project (CVP). In
addition to water from the CVP, 32 ephemeral (seasonal) streams
provide additional water to the Basin. The water then flows and
empties into the 75-mile-long Colusa Basin Drain, which then
returns to the Sacramento River or the Yolo Bypass.
Over the decades, devastating floods have repeatedly struck
the Colusa Basin resulting in costly damages to public and
private property and loss of life. In 1995 and again in 1998
the three counties suffered an estimated $100 million in
damages, with public infrastructure damages accounting for 65
percent of the loss.
H.R. 1113 addresses issues associated with water
management, flood control, drainage and subsidence occurring
within the multi-county Colusa Basin in California. To minimize
these problems, the Colusa Basin Drainage District in
California, covering 600,000 acres of valley land, was formed.
Projects for which assistance may be provided under this bill
shall not be inconsistent with watershed protection and
environmental restoration efforts being carried out under the
authority of the Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4706) or the CALFED Bay-Delta Program.
One of the prime objectives of local project proponents in
seeking this legislation was to specifically identify a
Congressional priority for funding from within existing federal
programs. This authorization does not expand existing federal
expenditure but is intended to prioritize existing spending.

COMMITTEE ACTION

H.R. 1113 was introduced on March 16, 1999, by Congressman
Doug Ose (R-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Water and Power. On April 6, 2000, the Subcommittee held a
hearing on the bill. On June 15, 2000, the Subcommittee met to
mark up the bill. No amendments were offered and the bill was
then ordered to be reported to the Full Committee by voice
vote. On June 21, 2000, the Full Resources Committee met to
consider the bill. Congressman John T. Doolittle (R-CA) offered
an amendment to clarify what projects would be eligible for
consideration under the bill. The amendment was adopted by
voice vote. No further amendments were offered and the bill was
ordered favorably reported to the House of Representatives by
voice vote.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

The short title of the bill is the ``Colusa Basin Watershed
Integrated Resources Management Act''.

Section 2. Authorization of assistance

This section authorizes the Secretary of the Interior to
provide financial assistance to the Colusa Basin Drainage
District in California. The section also outlines the areas
where the Secretary of the Interior may assist the Colusa Basin
Watershed in alleviating its problems.

Section 3. Project selection

This sections creates a guideline for the Secretary of the
Interior to use when deciding which projects to assist.
Eligible projects must be consistent with a recently released
draft programmatic EIS/EIR prepared by the Bureau of
Reclamation and local authorities.

Section 4. Cost sharing

This section specifies the non-federal cost share
associated with the construction, the operation, maintenance,
replacement and rehabilitation, and the planning, design and
compliance assistance of any project carried out under the
bill.

Section 5. Costs nonreimbursable

This section declares that money spent due to this bill
shall be considered nonreimbursable.

Section 6. Agreements

This section maintains that funds will only be given to the
local district or agency if, first, the District has entered
into a contract with the Secretary.

Section 7. Reimbursement

This section gives the Secretary the power to reimburse the
district for funds that the district might have previously
advanced, on behalf of the federal government, that were a
federal responsibility.

Section 8. Cooperative agreements

This section authorizes the Secretary to contract with the
district, as well as letting the districtsubcontract its
duties, to help in carrying out the purpose of this bill.

Section 9. Relationship to Reclamation Reform Act of 1982

This section declares that this bill is not a supplement
nor an addition to the Reclamation Reform Act of 1982.

Section 10. Appropriations authorized

This section designates the amount of funds that the
Secretary may use to attain this bill's purposes, and that the
money will need to come from existing budget authority.

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
Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, July 11, 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 H.R. 1113, the Colusa
Basin Watershed Integrated Resources Management Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Applebaum.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.

H.R. 1113--Colusa Basin Watershed Integrated Resources

Summary: H.R. 1113 would authorize the Secretary of the
Interior to provide financial assistance to the Colusa Basin
Drainage District for reducing damage from flooding,
alleviating land subsidence, restoring or preserving wetland
and riparian habitats, and capturing surface and storm water.
The Colusa Basin Drainage District covers about 600,000 acres
of land in California. H.R. 1113 would authorize the
appropriation of $25 million, plus additional amounts that may
be necessary to cover increased costs of this assistance that
are attributable to inflation.
Assuming appropriation of necessary amounts, CBO estimates
that implementing H.R. 1113 would cost $11 million over the
2001-2005 period, and about $16 million after 2005. The bill
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
H.R. 1113 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
State and local governments might incur some costs as a result
of the bill's enactment but those costs would be voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1113 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).

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By fiscal year, in millions of dollars--
--------------------------------------------
2001 2002 2003 2004 2005
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................... 0 1 2 4 4
Estimated Outlays.................................................. 0 1 2 4 4
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Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the beginning of fiscal year 2001 and
that the estimated amounts necessary to implement the bill will
be appropriated for each year. The bill would authorize the
appropriation of $25 million for financial assistance to the
district. Our estimate of the timing of this spending is based
on information provided by the Colusa Basin Drainage District.
CBO estimates that spending of about $16 million would occur
after 2005, assuming the necessary funds are provided.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 1113
contains no intergovernmental or private-sector mandates as
defined in UMRA. State and local governments might incur some
costs as a result of the bill's enactment, but those costs
would be voluntary.
Estimate prepared by: Federal Costs: Rachel Applebaum;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; Impact on the Private Sector: Sarah Sitarek.
Estimate 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.