[Senate Report 109-167]
[From the U.S. Government Publishing Office]
Calendar No. 268
109th Congress Report
SENATE
1st Session 109-167
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GLENDO UNIT OF THE MISSOURI RIVER BASIN PROJECT CONTRACT EXTENSION ACT
OF 2005
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October 27, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 592]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 592) to extend the contract for the
Glendo Unit of the Missouri River Basin Project in the State of
Wyoming, having considered the same, reports favorably thereon
with an amendment to the title and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Amend the title so as to read: ``To amend the Irrigation
Project Contract Extension Act of 1998 to extend certain
contracts between the Bureau of Reclamation and certain
irrigation water contractors in the States of Wyoming and
Nebraska.''.
Purpose of the Measure
The purpose of S. 592 is to extend certain contracts
between the Bureau of Reclamation and certain irrigation water
contractors in the States of Wyoming and Nebraska.
Background and Need
The Glendo Dam and Reservoir system is one of several
projects on the North Platte River that are operated by the
Department of the Interior's Bureau of Reclamation (Bureau) as
integrated systems. Pursuant to the Endangered Species Act
(ESA), the Bureau is currently consulting on the operations of
the entire reservoir system in order to address the habitat
needs of the following four threatened and endangered species:
whooping cranes; piping plovers; interior least terns; and
pallid sturgeons.
Since entering into a July 1, 1997, cooperative agreement,
the States of Wyoming, Nebraska, and Colorado, along with the
Department of the Interior, have studied the Platte River in an
effort to develop a basin-wide program to improve the habit of
the four listed species. The goal is to reach agreement on a
Recovery Implementation Program (Program) as the reasonable and
prudent alternative for the Platte River ESA consultation.
In order to renew long-term contracts for Glendo Reservoir
water, the ESA consultation on the Bureau's North Platte River
system operations must be completed. The final programmatic
environmental impact statement is expected to be completed in
the fall of 2005, and the Record of Decision should be issued
by December 2005. According to the Department of the Interior,
consultation will not be considered complete until the above-
referenced Program is achieved. The Interior Department expects
the States of Wyoming, Nebraska, and Colorado to enter into the
reasonable and prudent alternative Program in April 2006. S.
592 is needed to extend the contracts at issue until the
contemplated Program is in place.
Legislative History
S. 592 was introduced by Senators Thomas, Hagel, Enzi, and
Nelson of Nebraska on March 10, 2005 and referred to the
Committee on Energy and Natural Resources. The Water and Power
Subcommittee held a hearing on S. 592 on April 19, 2005 (S.
Hrg. 109-96). At the business meeting on September 28, 2005,
the Committee on Energy and Natural Resources ordered S. 592
favorably reported, with an amendment to the title.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 28, 2005, by unanimous vote of a
quorum present, recommends that the Senate pass S. 592, if
amended as described herein.
Committee Amendment
An amendment was adopted to the bill's title.
Section-by-Section Analysis
Section 1 sets forth the short title.
Section 2 amends the Irrigation Project Contract Extension
Act of 1998 to require the Secretary of the Interior to extend
each of the water service repayment contracts for the Glendo
Unit of the Missouri River Basin Project from December 31, 2005
until December 31, 2007.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 592--Glendo Unit of the Missouri River Basin Project Contract
Extension Act of 2005
S. 592 would extend--for up to two years--contracts between
the Bureau of Reclamation and purchasers of irrigation water in
Wyoming and Nebraska that receive water from the Glendo
Reservoir. The existing contracts will expire on December 31,
2005; however, the Secretary of the Interior has the authority
under current law to renew these contracts on an annual basis.
Such annual renewals require the Secretary to prepare an
environmental impact statement and carry out mitigation
efforts. Under S. 592, the bureau would avoid the costs
associated with annual renewals.
CBO estimates that enacting S. 592 would have no
significant impact on the federal budget. Based on information
provided by the Bureau of Reclamation, CBO estimates that
enacting S. 592 would allow the bureau to avoid costs of less
than $500,000 in 2006 and smaller amounts in future years.
Those costs are subject to the availability of appropriated
funds, but the agency is reimbursed by individuals contracting
for water and the reimbursements are deposited in the Treasury
as offsetting receipts (a form of direct spending). The
potential loss of offsetting receipts would match the potential
reduction in spending subject to appropriation, and we estimate
that both would be insignificant.
S. 592 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.
Enacting this bill would benefit the water purchasers
(generally government entities) affected by this bill, because
it would allow them to avoid the costs of annual renewals.
The CBO staff contact for federal costs is Rachel Milberg.
The contact for the impact on state and local governments is
Lisa Ramirez-Branum. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 592.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 592, as ordered reported.
Executive Communications
The testimony provided by the Department of the Interior at
the Subcommittee hearing on S. 592 follows:
Statement of William Rinne, Deputy Commissioner of Reclamation,
Department of the Interior
Madam Chairman and Members of the Subcommittee, I am
William Rinne, Deputy Commissioner of Reclamation. Thank you
for the opportunity to testify on S. 592. The Department
supports the goals of S. 592.
On July 1, 1997, the States of Wyoming, Nebraska, and
Colorado and the United States Department of the Interior
entered into a cooperative agreement for Platte River research
and other efforts relating to endangered species habitats along
the Central Platte River in Nebraska. The purpose of the
cooperative agreement is to jointly undertake a basin-wide
effort to improve the habitat of four threatened and endangered
species along the Platte River. The cooperative study is
designed to help develop a basin-wide program to be the
reasonable and prudent alternative to minimize the effects of
existing and new water related activities in the Platte River
Basin.
Glendo Dam and Reservoir is one of several Bureau of
Reclamation dams and reservoirs on the North Platte River that
operate as an integrated system. The Bureau of Reclamation is
required to consult under the Endangered Species Act (ESA) on
the operations of the entire reservoir system.
Successful consultation completion will be dependent upon
achieving a Recovery Implementation Program (Program) that will
serve as a reasonable and prudent alternative for the ESA
consultation. A final programmatic environmental impact
statement which leads to a Program is scheduled to be completed
in the fall of 2005, with a record of decision to follow in
December 2005. We anticipate the Governors of the States of
Colorado, Nebraska, and Wyoming and the Secretary of the
Interior will enter into such a Program in April 2006. S. 592
will allow Reclamation to renew the Glendo contracts when the
Program is in place.
The intent of S. 592 is to amend the Irrigation Project
Contract Extension Act of 1998 to require the Secretary of the
Interior to extend each of the water service or repayment
contracts for the Glendo Unit of the Missouri River Basin
Project for a period of 2 years until December 31, 2007, or for
the term of the cooperative agreement entered into by the State
of Wyoming, Nebraska, Colorado and the Secretary of the
Interior.
To ensure that the intent of this bill to amend the
Irrigation Project Contract Extension Act of 1998 is clearly
identified, the Department recommends the long title of the
bill read as follows: ``To amend the Irrigation Project
Contract Extension Act of 1998 to extend certain contracts
between the Bureau of Reclamation and certain irrigation water
contractors in the States of Wyoming and Nebraska.''
With this clarification, the Department supports S. 592.
Thank you for the opportunity to appear before you today.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 592, as ordered 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):
IRRIGATION PROJECT CONTRACT EXTENSION ACT OF 1998
(112 Stat. 2816, 114 Stat. 1441, 117 Stat. 1827)
AN ACT to extend certain contracts between the Bureau of Reclamation
and irrigation water contractors in Wyoming and Nebraska that receive
water from Glendo Reservoir
* * * * * * *
SEC. 2. EXTENSION OF CONTRACTS.
(a) In General.--The Secretary of the Interior shall extend
each of the water service or repayment contracts for the Glendo
Unit of the Missouri River Basin Project identified in
subsection (c) until [December 31, 2005] December 31, 2007.
(b) Extensions Coterminous With Cooperative Agreement.--If
the cooperative agreement entitled ``Cooperative Agreement for
Platte River Research and other Efforts Relating to Endangered
Species Habitats Along the Central Platte River, Nebraska,''
entered into by the Governors of the States of Wyoming,
Nebraska, and Colorado and the Secretary of the Interior, is
extended for a term beyond December 31, 2000, the contracts
identified in subsection (c) shall be extended for the same
term, but not to go [beyond December 31, 2005] beyond December
31, 2007. If the cooperative agreement terminates [before
December 31, 2005] before December 31, 2007 the contracts
identified in subsection (c) shall be subject to renewal on the
date that the cooperative agreement terminates.
* * * * * * *