[House Report 110-814]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-814
======================================================================
TO REDESIGNATE THE RIO GRANDE AMERICAN CANAL IN EL PASO, TEXAS, AS THE
``TRAVIS C. JOHNSON CANAL''
_______
July 31, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 6041]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 6041) to redesignate the Rio Grande American Canal
in El Paso, Texas, as the ``Travis C. Johnson Canal'', 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. 6041 is to redesignate the Rio Grande
American Canal in El Paso, Texas, as the ``Travis C. Johnson
Canal.''
BACKGROUND AND NEED FOR LEGISLATION
Part of the larger Rio Grande Project, the American
Diversion Dam is located two miles northwest of El Paso and
immediately above the point where the Rio Grande River becomes
the international boundary line. The American Diversion Dam
diverts irrigation water from the Rio Grande River to El Paso
Valley. It is operated by the American Section of the
International Boundary and Water Commission to regulate
delivery of water to Mexico in accordance with treaty
provisions. The American Canal is connected with the American
Diversion Dam and carries water 2.1 miles from the dam to the
head of Franklin Canal.
The construction of the American Canal led to the
resolution of a longstanding dispute between the United States
and Mexico over water rights under the Treaty of 1906. At issue
was the pumping of water by Mexican citizens from the Rio
Grande in a location considered to be exclusive property of the
United States. As an attorney representing agricultural
interests along the Rio Grande, Mr. Travis C. Johnson was
instrumental in drafting the authorizing legislation for the
American Canal and working towards the enactment of the
legislation. H.R. 6041 would name the portion the Rio Grande
Canal in El Paso, Texas after Mr. Johnson.
COMMITTEE ACTION
H.R. 6041 was introduced on May 13, 2008 by Representative
Silvestre Reyes (D-TX). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Water and Power.
Identical legislation was introduced in the 108th and 109th
Congresses and was the subject of a Water and Power
Subcommittee hearing in the 109th Congress on December 7, 2005.
At the time of the hearing, support for the legislation
included the President of the El Paso County Water Improvement
District, the President's Committee on the Arts and Humanities,
the Texas Commission on Environmental Quality, and the Chairman
and President of Wells Fargo.
On June 25, 2008, the Subcommittee was discharged from
further consideration of H.R. 6041 and the Full Natural
Resources Committee met to consider the bill. H.R. 6041 was
ordered favorably reported to the House of Representatives by
voice vote.
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 Natural 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. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to redesignate the Rio Grande
American Canal in El Paso, Texas, as the ``Travis C. Johnson
Canal.''
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. 6041--A bill to redesignate the Rio Grande American Canal in El
Paso, Texas, as the ``Travis C. Johnson Canal''
H.R. 6041 would rename the Rio Grande American Canal in
Texas. CBO estimates that implementing the bill would have no
significant effect on discretionary spending because revising
federal maps and signs to reflect the new name would be done in
conjunction with scheduled reprinting and other routine
maintenance. Enacting the bill would have no effect on direct
spending or revenues.
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 Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 6041 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.
DISSENTING VIEWS
We oppose H.R. 6041, which re-designates the Rio Grande
American Canal near El Paso, Texas as the Travis C. Johnson
Canal. In testimony before the House Water and Power
Subcommittee in the last Congress, Mr. Johnson was described as
the ``principal author'' of legislation authorizing the Rio
Grande American Canal. However, it was also acknowledged at
this hearing that it would be a precedent setting move to name
a canal or other facility for a non-Member of Congress who is
still living. Although it is clear that Mr. Johnson may have
the qualifications to have the canal named for him, this
Committee has a long history of only naming such facilities for
non-Members of Congress posthumously.
This bill is premature not only for that reason, but also
because it circumvented regular order. At the start of this
Congress, the Majority indicated that all bills would proceed
by regular order. The Committee's consideration of this bill
ignores this pledge. Even though this bill has been introduced
in the last three Congresses, the Majority seems to be in an
extraordinary rush to avoid regular order for some unknown
reason.
We also would like to note that since H.R. 6041's
introduction, eight members have withdrawn their cosponsorship.
This signals that something may not be right with this bill and
further scrutiny may be warranted.
Jeff Flake.
Bill Sali.