[Congressional Record Volume 155, Number 115 (Tuesday, July 28, 2009)]
[Senate]
[Pages S8213-S8214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT FOR FISCAL YEAR 2010--
                               CONTINUED

  Mr. REID. Mr. President, I ask unanimous consent that the Chair 
report the legislation we are now working on.
  The PRESIDING OFFICER. The clerk will report the pending business.
  The assistant legislative clerk read as follows:

       A bill (H.R. 3183) making appropriations for energy and 
     water development and related agencies for the fiscal year 
     ending September 30, 2010, and for other purposes.


                             Cloture Motion

  Mr. REID. Mr. President, I have a cloture motion that is already at 
the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:


                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close the debate on the Dorgan 
     substitute amendment No. 1813 to H.R. 3183, the Energy and 
     Water Development Appropriations Act for Fiscal Year 2010.
         Byron L. Dorgan, Herb Kohl, Sherrod Brown, Dick Durbin, 
           Jon Tester, Mark Begich, Dianne Feinstein, Tom Udall, 
           Jeff Bingaman, Robert P. Casey, Jr., Daniel K. Akaka, 
           John Kerry, Mark Pryor, Patty Murray, Jack Reed, Daniel 
           K. Inouye, Harry Reid.


                             Cloture Motion

  Mr. REID. Mr. President, I have another cloture motion at the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close the debate on H.R. 3183, the 
     energy and Water Development Appropriations Act for Fiscal 
     Year 2010.
         Byron L. Dorgan, Herb Kohl, Sherrod Brown, Dick Durbin, 
           Jon Tester, Mark Begich, Dianne Feinstein, Tom Udall, 
           Jeff Bingaman, Robert P. Casey, Jr., Daniel K. Akaka, 
           John Kerry, Mark Pryor, Patty Murray, Jack Reed, Daniel 
           K. Inouye, Harry Reid.

  Mr. REID. Mr. President, I ask unanimous consent that the mandatory 
quorum call under rule XXII be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I ask unanimous consent to have printed in 
the Record a letter from the Governors' Representatives on Colorado 
River Operations related to language included in the report to 
accompany the House Energy and Water Development and Related Agencies 
Appropriations Act, 2010, H.R. 3183.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Governor's Representatives on Colorado River Operations: 
           States of Arizona, California, Colorado, Nevada, New 
           Mexico, Utah and Wyoming,
                                                    July 27, 2009.
     Hon. Harry Reid,
     U.S. Senator, Hart Senate Office Building, Washington, DC.
       Dear Senator Reid: the undersigned Governor's 
     Representatives on Colorado River Operations (States) are 
     writing to express our serious concerns about recommendations 
     contained in the committee report on H.R. 3183, the FY 2010 
     Energy and Water Development Appropriations Bill, relating to 
     operations of Glen Canyon Dam on the Colorado River. The 
     relevant language in the committee report on H.R. 3183, 
     states:
       ``Glen Canyon Dam. The Committee continues to support the 
     goals of the Grand Canyon Protection Act (GCPA) and the 
     resulting duties placed upon the Bureau of Reclamation. 
     However, the Committee is concerned that many of the 
     procedural requirements in the GCPA and Charter for the Glen 
     Canyon Dam Adaptive Management Work Group are being 
     disregarded. The result appears to be that Federal 
     responsibilities have been neglected and public transparency 
     compromised. Specifically, the Committee strongly encourages 
     that the Bureau of Reclamation, in cooperation and 
     concurrence with the National Park Service, revisit the 
     Operating Criteria for Glen Canyon Dam. The five-year review 
     required by the Operating Criteria should be an open public 
     process consistent with the GCPA and 1997 Operating Criteria 
     requirements (62 FR 9447-9448).''
       The Glen Canyon Adaptive Management Work Group (AMWG) is a 
     the federal advisory committee that includes 26 
     representatives from multiple federal agencies, the Colorado 
     River Basin States, tribes, recreation interests, power 
     customers and environmental organizations. It was authorized 
     in the Grand Canyon Protection Act of 1992 to provide the 
     Secretary of the Interior advice and recommendations relative 
     to the operation of Glen Canyon Dam. The States continue to 
     support the AMWG collaborative stakeholder process and are 
     also supportive of the Bureau of Reclamation's reporting on 
     Glen Canyon Dam operations consistent with the Grand Canyon 
     Protection Act and the Colorado River Basin Project Act of 
     1968.
       However, the States strongly disagree with the assertion in 
     the committee report that ``federal responsibilities have 
     been neglected and public transparency compromised'' and 
     strongly oppose giving the National Park Service an elevated 
     role in the AMWG or a new role in determining the operations 
     at or Operating Criteria for Glen Canyon Dam.
       Under existing law, the Bureau of Reclamation is the lead 
     agency in establishing and reviewing the Operating Criteria 
     for Glen Canyon Dam and developing the Annual Operating Plan. 
     The language contained in the committee report would create a 
     grave imbalance among the stakeholders by requiring the 
     ``concurrence'' of the National Park Service relative to Glen 
     Canyon Dam operations and effectively give this single 
     purpose federal agency veto authority over the operation of a 
     facility that is critical to maintaining a stable and 
     dependable water supply for over 30 million people in the 
     western United States. The States are concerned that the 
     Committee's recommendations may have been based on less than 
     complete information and believe that significant changes in 
     the responsibilities of federal agencies with regard to dam 
     operations on the Colorado River, such as those proposed in 
     the committee report, should not be made without a full 
     discussion among stakeholders and affected agencies.
       Finally, as you may not know, a number of issues relating 
     to the Grand Canyon Protection Act and the operations of Glen 
     Canyon Dam are currently the subject of litigation. For this 
     additional reason, the States do not believe it is 
     appropriate for Congress to make recommendations for changes 
     in the process and roles of the federal agencies with respect 
     to Colorado River water management at this time and through 
     this mechanism.
       We urge you to work to ensure that the recommendations in 
     the committee report on H.R. 3183 do not become part of the 
     final House/Senate report on the FY 2010 Energy and Water 
     Development Appropriations Bill.
           Sincerely,
     Herbert R. Guenther,
       Director, Arizona Department of Water Resources.
     Dana B. Fisher, Jr.,
       Chairman, Colorado River Board of California.
     Jennifer Gimbel,
       Director, Colorado Water Conservation Board.
     Patricia Mulroy,
       General Manager, Southern Nevada Water Authority.
     George Caan,
       Director, Colorado River Commission of Nevada.
     John D'Antonio,
       Secretary, New Mexico Interstate Stream Commission.
     Dennis Strong,
       Director, Utah Division of Water Resources, Utah Interstate 
     Stream Commissioner.
     Patrick Tyrrell,
       State Engineer, State of Wyoming.

       The following Colorado River contractors and utilities 
     endorse the position of the Governor's Representatives on 
     Colorado River Operations stated in this letter: City of 
     Aurora; Central Arizona Water Conservation District; 
     Coachella Valley Water District; Colorado River Water 
     Conservation District; Colorado Springs Utilities; Denver 
     Water; City of Grand Junction; Metropolitan Water District of 
     Southern California; Northern Colorado Water Conservancy 
     District; Board of Water Works of Pueblo, CO; Southeastern 
     Colorado Water Conservancy District; Southwestern Water 
     Conservation District; and Upper Colorado River Commission.

  Mr. CONRAD. Mr. President, I rise to offer for the Record the Budget 
Committee's official scoring of S. 1436, Energy and Water Development 
and Related Agencies Appropriations Act for fiscal year 2010.
  The bill, as reported by the Senate Committee on Appropriations, 
provides $33.8 billion in discretionary budget authority for fiscal 
year 2010, which will result in new outlays of $19.8 billion. When 
outlays from prior-year budget authority are taken into account, 
discretionary outlays for the bill will total $43.2 billion.
  The Senate-reported bill matches its section 302(b) allocation for 
budget authority and for outlays.
  The Senate-reported bill includes several provisions that make 
changes in mandatory programs that result in

[[Page S8214]]

an increase in direct spending in years following the budget year, 2011 
to 2019. Each of these provisions is subject to a point of order 
established by section 314 of the 2009 budget resolution. The bill is 
not subject to any other budget points of order.
  I ask unanimous consent to have the table displaying the Budget 
Committee scoring of the bill printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       S. 1436, ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
                        APPROPRIATIONS ACT, 2010
  [Spending comparisons--Senate-reported bill (in millions of dollars)]
------------------------------------------------------------------------
                                                     General
                                          Defense    Purpose     Total
------------------------------------------------------------------------
Senate-Reported Bill:
    Budget Authority...................     16,886     16,864     33,750
    Outlays............................     18,571     24,630     43,201
Senate 302(b) Allocation:
    Budget Authority...................  .........  .........     33,750
    Outlays............................  .........  .........     43,201
House-Passed Bill:
    Budget Authority...................     16,367     16,931     33,298
    Outlays............................     18,219     24,508     42,727
President's Request:
    Budget Authority...................     16,563     17,830     34,393
    Outlays............................     18,353     24,124     42,477
 
                    Senate-Reported Bill Compared To:
 
Senate 302(b) allocation:
    Budget Authority...................  .........  .........          0
    Outlays............................  .........  .........          0
House-Passed Bill:
    Budget Authority...................        519        -67        452
    Outlays............................        352        122        474
President's Request:
    Budget Authority...................        323       -966       -643
    Outlays............................        218        506        724
------------------------------------------------------------------------

                                                               

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