[House Report 109-432]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-432
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GLENDO UNIT OF THE MISSOURI RIVER BASIN PROJECT CONTRACT EXTENSION ACT
OF 2005
_______
April 25, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4080]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4080) to extend the contract for the Glendo Unit of the
Missouri River Basin Project in the State of Wyoming, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 4080 is to extend the contract for the
Glendo Unit of the Missouri River Basin Project in the State of
Wyoming.
Background and Need for Legislation
The multi-purpose Glendo Unit is part of the Bureau of
Reclamation's Pick-Sloan Missouri River Basin Program and
consists of dams, reservoirs, and powerplants. Located on the
North Platte River in eastern Wyoming, Glendo provides
irrigation water, power generation, flood control, fish and
wildlife enhancement, and recreational benefits. Glendo is one
of seven Reclamation dams on the North Platte River that is
being evaluated by the U.S. Fish and Wildlife Service (FWS) for
critical habitat designation and water flows related to four
threatened and endangered species: the whooping crane, piping
plover, least tern, and pallid sturgeon. While the FWS
evaluates Glendo and the other dams, water service contracts
and repayment contracts between Reclamation and Glendo water
contractors are pending renewal. Since these contract renewals
may change water flows impacting the four endangered species,
the Glendo renewals have not taken place because of these
evaluations.
Due to this ongoing uncertainty, Glendo water contractors
sought legislative contract extensions in the 108th Congress.
This effort culminated in Public Law 108-137, which extended
the current nine Glendo contracts until December 31, 2005.
Although progress has been made over the last two years between
the States of Colorado, Wyoming and Nebraska and the Department
of the Interior on Platte River endangered species protections,
a final species protection plan has yet to be completed.
According to federal agency officials, a plan is expected to be
completed sometime in 2006; however completion will not occur
before the start of the irrigation water year beginning in
spring 2006. For this reason, a two-year legislative contract
extension is once again being sought. This contract extension
would allow for continued water service during the ongoing
environmental regulatory process while providing sufficient
time to negotiate new water service and repayment contracts
once water flows and other actions related to specific
endangered species protections are determined.
Committee Action
H.R. 4080 was introduced on October 19, 2005, by
Congresswoman Barbara Cubin (R-WY). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. On February 8, 2006, the
Subcommittee held a hearing on the bill. On March 29, 2006, the
Full Resources Committee met to consider the bill. The
Subcommittee on Water and Power 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.
Section-by-Section Analysis
Section 1. Short title
This section cites the short title of the bill as the
``Glendo Unit of the Missouri River Basin Project Contract
Extension Act of 2005.''
Section 2. Glendo Unit of the Missouri River Basin Contract Extension
This section amends section 2 of the Irrigation Project
Contract Extension Act of 1998 (Public Law 105-293) by
extending the nine water service and repayment contracts
between the Secretary of the Interior and the Glendo Unit water
contractors until December 31, 2007.
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. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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:
H.R. 4080--Glendo Unit of the Missouri River Basin Project Contract
Extension Act of 2005
H.R. 4080 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 expired on December
31, 2005, and the bureau negotiated a temporary contract
through April 30, 2006. Any costs associated with the temporary
contracts are paid by the local water contractors. Under
current law, the Secretary of the Interior can renew these
contracts annually, but they require the Secretary to prepare
an environmental impact statement and carry out mitigation
efforts. Under H.R. 4080, the bureau would avoid the costs
associated with annual renewals.
CBO estimates that enacting H.R. 4080 would have no
significant impact on the federal budget. Based on information
provided by the Bureau of Reclamation, CBO estimates that
enacting H.R. 4080 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.
H.R. 4080 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 contacts are Julie Middleton (for federal
costs), and Lisa Ramirez-Branum (for the impact on state and
local governments). 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 2 OF THE IRRIGATION PROJECT CONTRACT EXTENSION ACT OF 1998
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] 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] 2007. If the
cooperative agreement terminates before December 31, [2005]
2007, the contracts identified in subsection (c) shall be
subject to renewal on the date that the cooperative agreement
terminates.
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