[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2111

     To establish the conditions under which the Bonneville Power 
Administration and certain Federal agencies may enter into a memorandum 
 of agreement concerning management of the Columbia/Snake River Basin, 
    to direct the Secretary of the Interior to appoint an advisory 
   committee to make recommendations regarding activities under the 
          memorandum of understanding, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 1998

Mr. Smith of Oregon introduced the following bill; which was read twice 
     and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To establish the conditions under which the Bonneville Power 
Administration and certain Federal agencies may enter into a memorandum 
 of agreement concerning management of the Columbia/Snake River Basin, 
    to direct the Secretary of the Interior to appoint an advisory 
   committee to make recommendations regarding activities under the 
          memorandum of understanding, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``advisory committee'' 
        means the advisory committee established by the Secretary under 
        section 2(b).
            (2) Columbia/snake river basin.--The term ``Columbia/Snake 
        River Basin'' means the basin of the Columbia River and Snake 
        River in the States of Idaho, Montana, Oregon, and Washington.
            (3) Council.--The term ``Council'' means the Pacific 
        Northwest Electric Power and Conservation Planning Council 
        established under the Pacific Northwest Electric Power and 
        Conservation Planning Act (16 U.S.C. 839 et seq.).
            (4) Federal agency.--The term ``Federal agency'' means--
                    (A) the Bonneville Power Administration in the 
                Department of Energy;
                    (B) the Bureau of Land Management, Bureau of 
                Reclamation, United States Fish and Wildlife Service, 
                and the Bureau of Indian Affairs in the Department of 
                the Interior;
                    (C) the National Marine Fisheries Service in the 
                Department of Commerce;
                    (D) the Army Corps of Engineers in the Department 
                of the Army;
                    (E) the Forest Service and the Natural Resource 
                Conservation Service in the Department of Agriculture; 
                and
                    (F) the Environmental Protection Agency.
            (5) Memorandum of understanding.--The term ``memorandum of 
        understanding'' means any written or unwritten agreement 
        between or among 1 or more of the Federal agencies and 1 or 
        more State or local government agencies, 1 or more Indian 
        tribes, or 1 or more private persons or entities--
                    (A) concerning the manner in which any authority of 
                a Federal agency under any law is to be exercised 
                within the Columbia/Snake River Basin; or
                    (B) for the purpose of formulating recommendations 
                concerning the manner in which any such authority 
                should be exercised.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. CONDITIONS ON MEMORANDUM OF UNDERSTANDING.

    (a) In General.--The Bonneville Power Administration or any other 
Federal agency, acting individually or with 1 or more of the other 
Federal agencies, shall not enter into or implement a memorandum of 
understanding unless all of the conditions stated in this section are 
met.
    (b) Advisory Committee.--
            (1) Establishment.--The Secretary shall establish an 
        advisory committee under the Federal Advisory Committee Act (5 
        U.S.C. App.) to advise the Federal agencies with respect to 
        matters to be addressed under any memorandum of understanding, 
        including the economic and social impacts of proposed 
        activities or recommendations.
            (2) Membership.--The advisory committee shall be composed 
        of--
                    (A) 1 representative of the large industrial 
                customers served directly by the Bonneville Power 
                Administration;
                    (B) 1 representative of the preference power 
                customers that purchase power from the Bonneville Power 
                Administration;
                    (C) 1 representative of non-Federal utilities that 
                have hydropower generation on the Columbia River or 
                Snake River;
                    (D) 1 irrigator that receives water diverted from a 
                Federal water project on the Snake River;
                    (E) 1 irrigator that receives water diverted from a 
                Federal water project on the Columbia River or a 
                tributary of the Columbia River (other than a tributary 
                that is also a tributary of the Snake River);
                    (F) 1 private forest land owner;
                    (G) 1 representative of the commercial fishing 
                industry;
                    (H) 1 representative of the sport fishing industry;
                    (I) 1 representative of the environmental 
                community;
                    (J) 1 representative of a river port upstream of 
                Bonneville Dam;
                    (K) 1 representative of shippers that ship from 
                places upstream of any lock on the Columbia River;
                    (L) 1 representative of persons that hold Federal 
                grazing permits; and
                    (M) 1 representative of county governments from 
                each of the States of Oregon, Washington, Idaho, and 
                Montana.
            (3) Manner of appointment.--The members of the advisory 
        committee shall be appointed by the Secretary of the Interior 
        from among persons nominated by the Governors of the States of 
        Idaho, Montana, Oregon, and Washington.
            (4) Chairperson.--At the first meeting of the advisory 
        committee, the members shall select 1 of the members to serve 
        as chairperson, on a simple majority vote.
            (5) Compensation.--A member of the advisory committee shall 
        serve without compensation, but shall be reimbursed for travel, 
        subsistence, and other necessary expenses incurred in the 
        performance of duties of the advisory committee.
            (6) Support.--The Secretary shall--
                    (A) provide such office space, furnishings and 
                equipment as may be required to enable the advisory 
                committee to perform its functions; and
                    (B) furnish the advisory committee with such staff, 
                including clerical support, as the advisory committee 
                may require.
            (7) Opportunity to formulate and present views.--The 
        advisory committee shall be afforded a reasonable opportunity 
        to--
                    (A) attend each meeting convened under the 
                memorandum of understanding; and
                    (B) formulate and present its views on each matter 
                addressed at the meeting.
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the activities of the advisory 
        committee a total of $1,000,000 during the period in which the 
        advisory committee is in existence.
            (9) Termination.--The advisory committee shall terminate on 
        termination of the memorandum of understanding.
    (c) Reconciliation of Differences.--The Director of the Office of 
Management and Budget shall designate an official who, at the request 
of a non-Federal party to any memorandum of understanding, shall have 
authority to reconcile differences between the Federal agencies on any 
issue relating to activities addressed under the memorandum of 
understanding.
    (d) Public Availability of Data and Methodologies.--Each Federal 
agency shall publish and make available to the public, through use of 
the Internet and by other means--
            (1) all scientific data that are prepared by or made 
        available to the Federal agency for use for the purpose of 
        formulating recommendations regarding any matter addressed 
        under any memorandum of understanding; and
            (2) all methodologies that are prepared by or made 
        available to the Federal agency for the purpose of assessing 
        the cost or benefit of any activity addressed under any 
        memorandum of understanding.
    (e) Reporting by the Council.--
            (1) In general.--Not later than 30 days before the 
        beginning of each fiscal year, the Council shall submit to 
        Congress a report that describes how the recommendations on 
        fish and wildlife activities under any memorandum of 
        understanding during the fiscal year will be reconciled and 
        coordinated with activities of the Council under the Pacific 
        Northwest Electric Power and Conservation Planning Act (16 
        U.S.C. 839 et seq.).
            (2) Cooperation.--Each Federal agency that is a party to a 
        memorandum of understanding shall provide the Council such 
        information and cooperation as the Council may request to 
        enable the Council to make determinations necessary to prepare 
        a report under paragraph (1).

SEC. 3. BUDGET INFORMATION.

    (a) In General.--The President shall include in each budget of the 
United States Government for a fiscal year submitted under section 1105 
of title 31, United States Code, a separate section that states for 
each Federal agency the amount of budget authority and outlays proposed 
to be expended in the Columbia/Snake River Basin (including a pro rata 
share of overhead expenses) for the fiscal year.
    (b) Itemization.--The statement of budget authority and outlays for 
the Columbia/Snake River Basin under subsection (a) for each Federal 
agency shall be stated in the same degree of specificity for each 
category of expense as in the statement of budget authority and outlays 
for the entire Federal agency elsewhere in the budget.
                                 <all>