[House Report 109-431]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-431
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PACTOLA RESERVOIR REALLOCATION AUTHORIZATION 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
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3967]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3967) to authorize the Secretary of the Interior to
reallocate costs of the Pactola Dam and Reservoir, South
Dakota, to reflect increased demands for municipal, industrial,
and fish and wildlife purposes, 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. 3967 is to authorize the Secretary of
the Interior to reallocate costs of the Pactola Dam and
Reservoir, South Dakota, to reflect increased demands for
municipal, industrial, and fish and wildlife purposes.
BACKGROUND AND NEED FOR LEGISLATION
Pactola Dam, located near Rapid City, South Dakota, stores
water from Rapid Creek and is part of the Pick-Sloan Missouri
Basin Program. This bill authorizes reallocation of a portion
of the construction costs of Pactola Dam and Reservoir from
irrigation purposes to municipal and industrial (M&I) and fish
and wildlife purposes.
The effort to reallocate Pactola Dam costs stems from
population growth around Rapid City, with corresponding
increases in demand for M&I water and decreases in demand for
irrigation water. Pactola Dam originally provided water storage
for flood control, irrigation, and M&I uses. A 40-year water
service contract between the Bureau of Reclamation and Rapid
City for M&I water expired in 1991. Water for Rapid City has
been subsequently provided under annual contracts. A second,
40-year contract between Reclamation and the Rapid Valley
Conservancy District for irrigation water expired in 2001. The
District decided not to renew this contract due to decreased
irrigation demand and sufficient alternative water sources.
Since the District no longer needs Pactola water, repayment of
construction costs originally allocated to irrigation can be
re-allocated to M&I (for use in Rapid City) and fish and
wildlife purposes. Under law, Congress must authorize this
reallocation.
COMMITTEE ACTION
H.R. 3967 was introduced on October 3, 2005, by
Congresswoman Stephanie Herseth (D-SD). The bill was referred
to the Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. On November 9, 2005, 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
``Pactola Reservoir Reallocation Authorization Act of 2005''.
Section 2. Findings
This section lists the Congressional findings for the
legislation.
Section 3. Reallocation of costs of Pactola Dam and Reservoir, South
Dakota
This section authorizes the Secretary of the Interior to
reallocate the construction costs of Pactola Dam and Reservoir,
Rapid Valley Unit, Pick-Sloan Missouri Basin Program, South
Dakota, from irrigation purposes to municipal, industrial, and
fish and wildlife purposes.
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. According to the Congressional
Budget Office, enactment of this bill would result in a small
increase in offsetting receipts to the federal government.
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. 3967--Pactola Reservoir Reallocation Authorization Act of 2005
H.R. 3967 would authorize the Bureau of Reclamation to
reallocate the recovery of construction costs for Pactola Dam
and Reservoir from irrigation users to municipal and industrial
water users and fish and wildlife purposes. This change would
allow the bureau to provide water to Rapid City, South Dakota,
under a new contract that would replace expired contracts for
supplemental irrigation and municipal and industrial water. CBO
estimates that enacting H.R. 3967 would not have a significant
effect on the federal budget.
Enacting this legislation would allow the bureau to enter
into a new water service contract that would result in a small
increase in receipts to the federal government, above amounts
that would be received under existing interim contracts. Based
on information from the bureau, CBO estimates that increase in
contract payments would be about $100,000 annually. Such
payments are recorded in the budget as offsetting receipts (a
credit against direct spending).
H.R. 3967 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 Rapid Valley Irrigation
District by reallocating the construction costs of Pactola Dam
and Reservoir from irrigation purposes to municipal,
industrial, and fish and wildlife purposes.
On October 17, 2005, CBO transmitted a cost estimate for S.
819, the Pactola Reservoir Reallocation Authorization Act of
2005, as ordered reported by the Senate Committee on Energy and
Natural Resources on September 28, 2005. The two pieces of
legislation are identical, as are the cost estimates.
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.