[Congressional Record Volume 144, Number 66 (Thursday, May 21, 1998)]
[Senate]
[Pages S5327-S5333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon:
  S. 2111. 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 memorandum of understanding, and for other purposes; to the 
Committee on Energy and Natural Resources.


               columbia river and snake river legislation

 Mr. SMITH of Oregon. Mr. President, today I am introducing 
legislation to establish the conditions under which certain Federal 
agencies may enter into a memorandum of agreement with non-federal 
entities concerning management of the Columbia River and Snake River 
Basin in the States of Idaho, Montana, Oregon, and Washington.
  This bill is not an endorsement of the draft Three Sovereigns 
agreement, but arises from ongoing concerns I have about the proposal. 
The livelihoods of many Northwest residents are at stake in upcoming 
decisions about Columbia River operations, and they deserve a voice in 
this process.
  The bill formalizes public input to federal agencies involved in the 
proposed ``Three Sovereigns'' agreement, or any similar agreement, by 
creating an advisory committee representing: local governments; 
customers of the Bonneville Power Administration; upstream ports; 
fishing interests; shippers; irrigators; environmentalists; forest land 
owners and grazers. This committee will advise the federal agencies on 
matters to be addressed under the agreement, including the economic and 
social impacts of any proposed recommendations.
  Currently, two significantly different drafts of a ``Memorandum of 
Agreement for Three Sovereigns' Governance of the Columbia River Basin 
Ecosystem'' are out for public comment. However, the public comment 
process was so ill-defined initially that I had to write one of the 
chief proponents of the agreement to request that this process be 
better defined. Further, it has been reported to me that at the public 
meeting held in Pendleton, Oregon, on the draft agreement, there was no 
clerk reporter to record people's comments in detail. This has not 
given those who depend on the river system much confidence in their 
ability to provide input into any forum established under a Three 
Sovereigns' agreement.
  Developing a successful regional solution to management of the 
Columbia/Snake River system will involve a broad range of stakeholders. 
While not a perfect model, the 1994 Bay-Delta Accord in California has 
been successful, in large part, because the water users and 
environmental groups were parties to the Accord. The bill would not, 
however, require changes in the draft memorandum of agreement itself, 
or impose conditions on the states or the tribes. But it is appropriate 
for the Congress to establish certain conditions for federal 
participation in any such agreement.
  In addition to establishing this advisory committee, the bill 
requires each federal agency that is a signatory to the Three 
Sovereigns' agreement to publish and make available to the public, 
including over the Internet, all scientific data used to formulate 
recommendations and all methodologies used to prepare cost-benefit 
analyses.
  The bill also provides a mechanism to resolve disputes among federal 
agencies involved in the Three Sovereigns' agreement. The Director of 
the Office of Management and Budget will designate an official who, at 
the request of a non-federal party to the agreement, will have the 
authority to reconcile differences between the federal agencies on any 
issue before the Three Sovereigns. In this manner, the non-federal 
signatories are not caught between differing federal agencies.
  The Three Sovereigns' agreement, if signed, would establish a process 
that is very similar to the statutory obligations of the Northwest 
Power Planning Council with respect to fish and wildlife 
recommendations. Therefore, the bill requires the Council to report to 
the Congress annually on how the recommendations on fish and wildlife 
activities under any agreement would be coordinated and reconciled with 
the Council's statutory responsibilities.
  Finally, to enhance budget coordination among federal agencies 
regardless of whether an agreement is entered into, the bill requires 
that the President's annual budget proposal include a cross-cut budget 
showing proposed spending for activities in the basin by the federal 
agencies.
  I urge my colleagues to support this legislation, and to support 
stakeholder involvement in the development of a regional solution to 
Columbia and Snake River issues.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2111

       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

[[Page S5333]]

       (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.

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