[Congressional Record Volume 143, Number 27 (Wednesday, March 5, 1997)]
[Senate]
[Pages S1988-S1989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GORTON (for himself and Mrs. Murray):

  S. 402. A bill to approve a settlement agreement between the Bureau 
of Reclamation and the Oroville-Tonasket Irrigation District; to the 
Committee on Energy and Natural Resources.


                  SETTLEMENT AUTHORIZATION LEGISLATION

 Mr. GORTON. Mr. President, today I introduce legislation that 
will authorize a settlement between the Bureau of Reclamation and the 
Oroville-Tonasket Irrigation District in Washington State. I introduced 
similar legislation last year. Congressman Doc Hastings has introduced 
legislation on this subject in the House of Representatives, and the 
House Resources Committee will mark up the legislation today.
  This legislation will authorize a carefully negotiated settlement 
between the BOR and the Oroville-Tonasket Irrigation District. If 
enacted, this legislation will save the BOR, and therefore the Nation's 
taxpayers, money that would otherwise be spent fighting with the 
irrigation district in court.
  Earlier this week the administration sent a letter to me indicating 
that it would support the settlement bill, provided that several 
changes be made to the legislation. The legislation that I introduce 
today includes the changes requested by the administration. At this 
time, I ask unanimous consent to include a copy of the administration's 
letter of support for the legislation in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                  U.S. Department of the Interior,


                                        Bureau of Reclamation,

                                    Washington, DC, March 3, 1997.
     Hon. Slade Gorton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Gorton: Thank you for your letter requesting 
     the Administration's views on H.R. 412.
       The Bureau of Reclamation has executed a settlement 
     agreement with the Oroville-Tonasket Irrigation District 
     (District) in preference to litigation over construction of 
     the Oroville-Tonasket (O-T) Unit Extension. The settlement 
     agreement provides that its terms will not become effective 
     unless Congress enacts authorizing legislation by April 15, 
     1997.
       While the Administration supports implementing the 
     settlement agreement, it can only support H.R. 412 if the 
     amendments shown on the attached page are adopted. These 
     amendments are needed to clarify that the transfer of title 
     will not affect the repayment obligation of the Bonneville 
     Power Administration (BPA) for irrigation assistance, and 
     that the settlement agreement will not affect the District's 
     obligation to continue to pay BPA wheeling charges. In 
     addition, the amendments are needed to deauthorize the 
     project irrigation works upon transfer of title. The 
     Administration strongly encourages the adoption of these 
     amendments, which are consistent with the intent of the 
     settlement agreement.
       Thank you for your interest in the Oroville-Tonasket Claims 
     Settlement and Conveyance Act. If you have any questions, 
     please call 208-4501.
           Sincerely,
                                                Eluid L. Martinez,
                                                     Commissioner.


                         amendments to H.r. 412

       1. At the end of section 5, insert the following new 
     subsection (c):
       ``(c) Project Construction Costs.--The transfer of title 
     authorized by this Act shall not affect the timing or amount 
     of the obligation of the Bonneville Power Administration for 
     the repayment of construction costs incurred by the Federal 
     government under Section 202 of the Act of September 28, 1976 
     (90 Stat. 1325) that the Secretary of the Interior has 
     determined to be beyond the ability of the irrigators to pay. 
     The obligation shall remain charged to and be returned to the 
     Reclamation Fund as provided for in section 2 of the Act of 
     June 14, 1966 (80 Stat. 200), as amended by section 6 of the 
     Act of September 7, 1966 (80 Stat. 707).''
       2. At the end of section 6, insert the following new 
     sentence: ``The rate that the District shall pay the 
     Secretary for such reserved power shall continue to reflect 
     full recovery of Bonneville Power Administration transmission 
     costs.''
       3. In Section 11(a), delete the sentence that read: ``After 
     transfer of title, any future Reclamation benefits received 
     pursuant to chapter 1093 of the Reclamation Act of June 17, 
     1902 (32 Stat. 388), and Acts supplementary thereto or 
     amendatory thereof, other than as provided herein, shall be 
     subject to approval by Congress.''
       4. At the end of Section 11 insert the following new 
     subsection (c):
       ``(c) Deauthorization.--Effective upon the transfer of 
     title to the District under this section, that portion of the 
     Oroville-Tonasket Unit Extension, Okanogan-Similkameen 
     Division, Chief Joseph Dam Project, Washington referred to in 
     Section 7(a) as the Project Irrigation Works is hereby 
     deauthorized. After transfer of title, the District shall not 
     be entitled to receive any further Reclamation benefits 
     pursuant to the Reclamation Act of June 17, 1902, and Acts

[[Page S1989]]

     supplementary thereto or amendatory thereof.''
       5. Add in the Committee report language:
       ``It is the understanding of the Committee regarding this 
     legislation that the amount of Oroville-Tonasket Project 
     irrigation assistance that the Bonneville Power 
     Administration will repay is not expected to exceed 
     $75,000,000, and that repayment is now scheduled to be made 
     in the year 2042.''
                                 ______