[Senate Report 110-22]
[From the U.S. Government Publishing Office]
Calendar No. 48
110th Congress Report
SENATE
1st Session 110-22
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DESCHUTES RIVER CONSERVANCY REAUTHORIZATION ACT OF 2007
_______
February 16, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 263]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 263) to amend the Oregon Resource
Conservation Act of 1996 to reauthorize the participation of
the Bureau of Reclamation in the Deschutes River Conservancy,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose
The purpose of S. 263 is to reauthorize the participation
of the Bureau of Reclamation in the Deschutes River Conservancy
through fiscal year 2016. It also updates references to the
Deschutes River Conservancy Working Group, redefines a quorum,
and authorizes appropriations.
Background and Need
The Deschutes River Conservancy, previously referred to as
the Deschutes Resources Conservancy, was originally authorized
in 1996 as a 5-year pilot project (Public Law 104-208). It was
reauthorized by Congress in 2000 (Public Law 106-270). The
Deschutes drains Oregon's high desert along the eastern front
of the Cascade Mountains and eventually flows into the Columbia
River. The Deschutes River Conservancy was created to bring
together diverse interests within the Basin, including
irrigators, tribes, ranchers, environmentalists, businesses,
local officials, and State and Federal agencies, in order to
resolve potential conflicts and avoid crises over water
allocation like that which occurred in the Klamath Basin in
2001.
The Conservancy has worked to develop project criteria and
identify potential projects for the benefit of water quality,
water quantity, fish passage, and habitat improvement. Projects
are selected by consensus and there is a 50-50 cost share
component. The Conservancy has employed such mechanisms as
voluntary, market-based programs to restore streamflows in the
Deschutes Basin. It has worked to improve habitat and water
quality in the Deschutes River. It has also planted more than
100,000 trees and installed 40 miles of riparian fencing.
The existing authorization provides up to $2 million for
each of fiscal years 2002 through 2006. Funding is provided
through the Bureau of Reclamation, the lead Federal agency.
Reclamation's continued participation requires reauthorization.
Legislative History
S. 263 was introduced by Senators Smith for himself and
Senator Wyden on January 11, 2007, and referred to the
Committee on Energy and Natural Resources. At its business
meeting on January 31, 2007, the Committee ordered S. 263
favorably reported.
During the 109th Congress, the Committee considered similar
legislation, S. 166, introduced by Senator Smith on January 25,
2005. Senator Wyden was a co-sponsor. The Subcommittee on Water
and Power held a hearing on S. 166 on April 19, 2005. S. Hrg.
109-96. At the business meeting on September 28, 2005, the
Committee ordered S. 166 favorably reported. S. Rept. 109-164.
S. 166 passed the Senate, by unanimous consent, on November 16,
2005. No further action occurred on S. 166 prior to the sine
die adjournment of the 109th Congress. A companion measure,
Section 2 of H.R. 5079, wasconsidered by the House of
Representatives under suspension of the rules and passed by a voice
vote on September 25, 2006.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 31, 2007, by a voice vote of a
quorum present, recommends that the Senate pass S. 263.
Section-by-Section Analysis
Section 1 sets forth the short title.
Section 2 amends section 301 of the Oregon Resource
Conservation Act: to replace references to the ``Deschutes
River Basin Working Group'' with the ``Deschutes River
Conservancy Working Group''; redefine a quorum to mean eight of
the qualified Working Group members appointed and eligible to
serve; extend the participation of the Bureau of Reclamation in
the Deschutes River Conservancy through fiscal year 2016; and
authorize $2 million in appropriations for each of fiscal years
2006 through 2016.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 263--Deschutes River Conservancy Reauthorization Act of 2007
Summary: S. 263 would authorize the appropriation of $2
million a year over the 2007-2016 period for ecosystem
restoration projects in the Deschutes River basin in Oregon.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing S. 263 would cost $7 million over the 2008-
2012 period, with the remaining funds to be spent after 2012.
Enacting the legislation would not affect direct spending or
revenues.
S. 263 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would benefit local and tribal governments
participating in the Deschutes River Conservancy by authorizing
funds for restoration projects. Any costs to governmental
entities, including matching funds, would result from complying
with conditions for receiving federal assistance.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that this bill will be enacted toward the
end of 2007 and the amounts specified in S. 263 will be
appropriated for each year. In addition, we assume that outlays
will follow the historical spending pattern for similar
activities. The estimated budgetary impact of S. 263 is shown
in the following table. The costs of this legislation fall
within budget function 300 (natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES TO SPENDING SUBJECT TO APPROPRIATION
Authorization Level............. 2 2 2 2 2
Estimated Outlays............... * 1 2 2 2
------------------------------------------------------------------------
Note: * = Less than $500,000.
Intergovernmental and private-sector impact: S. 263
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit local and tribal
governments participating in the Deschutes River Conservancy by
authorizing funds for restoration projects. Any costs to
governmental entities, including matching funds, would result
from complying with conditions for receiving federal
assistance.
Estimate prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Craig Cammarata.
Estimate 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. 263. 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. 263.
Executive Communications
Because S. 263 is identical to legislation considered in
the 109th Congress, the Committee did not request Executive
Agency views. The testimony provided by the Bureau of
Reclamation at the Subcommittee hearing on S. 166 in the 109th
Congress 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. 166.
This legislation would amend the Oregon Resource
Conservation Act of 1996 to reauthorize the participation of
the Bureau of Reclamation in the Deschutes River Conservancy
(DRC). The Bureau does not oppose S. 166. However, in these
lean budget times the Bureau must focus its scarce resources on
its core mission of delivering water and generating power, and
on aging infrastructure and O&M for existing Reclamation
projects, therefore is not likely that the Conservancy will be
a high priority for funding. Regardless of the level of federal
financial support, we believe the Conservancy's goals of
improving stream flow and water quality will certainly benefit
the basin.
The DRC was originally authorized by Congress in 1996 to
implement water conservation measures in the Deschutes River
basin. The DRC is a locally created private, nonprofit
organization established to restore stream flow and water
quality in the Deschutes Basin of Central Oregon. The DRC was
founded by local irrigation districts, the Confederated Tribes
of the Warm Springs Reservation, environmental conservation
groups, and other local stakeholders, in an effort to focus on
practical, incentive-based solutions to the basin's water
management challenges. The DRC leased over 73 cubic feet per
second of water in the basin's streams and rivers during the
2004 irrigation season and has restored nearly 100 miles of
stream corridor using livestock management techniques, restored
channel floodplain connectivity, and planted over 100,000
native plants in the riparian zone.
The DRC has permanently acquired about 7,259 acre-feet of
senior water rights in the Deschute basin that will remain
instream during critical low flow periods, benefiting fish
species such as ESA listed bull trout and summer steelhead.
The Administration does not understand the rationale for
the provision that would define a quorum as only 8 people, less
than half of the 19 people appointed to the Conservancy.
This concludes my statement. I will be glad to answer any
questions.
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. 263, 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):
OREGON RESOURCE CONSERVATION ACT OF 1996
(P.L. 104-208, as amended by P.L. 106-270)
AN ACT Making omnibus consolidated appropriations for the fiscal year
ending September 30, 1997
* * * * * * *
TITLE III--DESCHUTES BASIN
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means
the [Deschutes River Basin Working Group] Deschutes
River Conservancy Working Group established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including:
* * * * * * *
[(5) Quorum.--The term ``quorum'' means one more than
half of those qualified Working Group members appointed
and eligible to serve.] (5) Quorum.--The term
``quorum'' means 8 of those qualified Working Group
members appointed and eligible to serve.
* * * * * * *
(b) * * *
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50
percent of the cost of performing any project proposed
by the Working Group and approved by the Secretary, up
to a total amount of $2,000,000 during each of the
fiscal years 2002 through 2006, and up to a total
amount of $2,000,000 during each of fiscal years 2007
through 2016.
* * * * * * *
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title $2,000,000 for each
of fiscal years 2002 through 2006, and $2,000,000 for each of
fiscal years 2007 through 2016.