[Senate Report 106-454]
[From the U.S. Government Publishing Office]
Calendar No. 900
106th Congress Report
SENATE
2d Session 106-454
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BURNT, MALHEUR, OWYHEE, AND POWDER RIVER BASIN WATER OPTIMIZATION
FEASIBILITY STUDY ACT OF 2000
_______
October 2 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2877]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2877) to authorize the Secretary of the
Interior to conduct a feasibility study on water optimization
in the Burnt River basin, Malheur River basin, Owyhee River
basin, and Powder River basin, Oregon, having considered the
same, reports favorably thereon with an amendment and an
amendment to the title and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. In section 2, strike ``a feasibility study'' and insert
``feasibility studies''.
2. Amend the title so as to read: ``To authorize the
Secretary of the Interior to conduct feasibility studies on
water optimization in the Burnt River basin, Malheur River
basin, Owyhee River basin, and Powder River basin, Oregon.''
Purpose of the Measure
The purpose of S. 2877 is to authorize the Secretary of the
Interior to conduct feasibility studies on water optimization
in the Burnt, Malheur, Owyhee, and Powder River basins, in
northeastern Oregon.
Background and Need
Watershed Councils (Councils) in the Malheur, Owyhee,
Powder, and Burnt River basins bring together local farmers,
ranchers, and other landowners; organized agricultural,
industrial, environmental interests; and resource management
agencies to develop action plans to implement measures that
will improve the health of streams and make improvements to the
overall environment of the ares while maintaining a viable
economy.
Multi-purpose irrigation facilities located in the Malheur,
Owyhee, Powder, and Burnt River basins were developed by the
Bureau of Reclamation but are now operated by the local water
users. Reclamation is involved with the Councils in these
basins to help develop, review, and update action plans;
perform construction design and survey work; conduct
congressionally authorized feasibility analysis for structural
action plan items; and participate in public involvement
activities.
The Councils are interested in involving Reclamation with
small-scale construction projects to address resource
management issues they tackle on a regular basis. Congressional
authorization is necessary for Reclamation to participate and
develop the feasibility reports necessary to submit to Congress
for any work that would require construction authorization for
federal assistance with these projects.
Legislative History
S. 2877 was introduced by Senator Wyden on July 14, 2000.
The Subcommittee on Water and Power held a hearing on the bill
on July 25, 2000. At the business meeting on September 20,
2000, the Committee on Energy and Natural Resources ordered S.
2877, as amended, favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2877, if amended as described herein.
Committee Amendments
During the consideration of S. 2877, the Committee adopted
a clarifying amendment that changed ``feasibility study'' to
``feasibility studies'', and an amendment to the title.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 28, 2000.
Honorable Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2877, the Burnt,
Malheur, Owyhee, and Powder River Basin Water Optimization
Feasibility Study Act of 2000.
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.
S. 2877--Burnt, Malheur, Owyhee, and Powder River Basin Water
Optimization Feasibility Study Act of 2000
S. 2877 would direct the Secretary of the Interior to
conduct feasibility studies for optimizing water use in the
Blunt River, Malheur River, Owyhee River, and Powder River
basins in Oregon. The bill would authorize the appropriation of
funds necessary to complete those feasibility studies. Assuming
the appropriation of the necessary amounts, CBO estimates that
implementing S. 2877 would cost about $250,000 in fiscal year
2001.
S. 2877 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
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 CBO staff contact for this estimate is Rachel
Applebaum. This estimate was approved by Robert A. Sunshine,
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. 2877. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibities 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. 2877, as ordered reported.
executive communications
On August 4, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2877. These
reports had not been received at the time the report on S. 2877
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
Commissioner of the Bureau of Reclamation at the Subcommittee
hearing follows:
Statement of Larry Todd, Acting Director, Operations, Bureau of
Reclamation, Department of the Interior
Thank you for the opportunity to present the
Administration's views on S. 2877, a bill that would authorize
the Secretary of the Interior to conduct a water optimization
feasibility study for the Burnt, Malheur, Owyhee and Powder
River Basins. The Administration could support the bill if
amended to limit to 50 percent the Federal government's cost
share for the study. In addition, Section 3 should be amended
to authorize a total of $250,000 in appropriations.
Multi-purpose irrigation facilities located in the Malheur,
Owyhee, Powder, and Burnt River Basins were developed by the
Bureau of Reclamation but are now operated by the local water
users. These four river basins are experiencing problems
related to reduced water quality and quantity, endangered bull
trout, excess nutrients and sediment in surface water, degraded
fish habitat, high water temperatures, dewatered stream
segments, inadequate fish screens, and fish passage barriers,
among other problems.
In each of the four river basins, local watershed councils
bring together local farmers, ranchers, and other landowners;
organized agricultural, industrial, and environmental
interests; and State and Federal resource management agencies
to develop plans and implement measures to improve the health
of streams and make improvements to the overall environment in
the basins. Reclamation is assisting the watershed councils to
develop such plans, and Congressional authorization is needed
for Reclamation to conduct the feasibility studies for any work
that would require construction authorization.
We also recommend a technical amendment to Section 2,
striking ``a feasibility study'' and inserting ``feasibility
studies''.
Thank you for holding this hearing. I would be pleased to
answer any questions.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2877, as
ordered reported.