[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[House]
[Pages H3586-H3587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING EARLY REPAYMENT OF CONSTRUCTION COSTS TO BUREAU OF
RECLAMATION
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 404) to authorize early repayment of obligations to the
Bureau of Reclamation within the Northport Irrigation District in the
State of Nebraska.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 404
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EARLY REPAYMENT OF CONSTRUCTION COSTS.
(a) In General.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any
landowner within the Northport Irrigation District in the
State of Nebraska (referred to in this section as the
``District'') may repay, at any time, the construction costs
of project facilities allocated to the landowner's land
within the District.
(b) Applicability of Full-Cost Pricing Limitations.--On
discharge, in full, of the obligation for repayment of all
construction costs described in subsection (a) that are
allocated to all land the landowner owns in the District in
question, the parcels of land shall not be subject to the
ownership and full-cost pricing limitations under Federal
reclamation law (the Act of June 17, 1902, 32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.), including the Reclamation
Reform Act of 1982 (13 U.S.C. 390aa et seq.).
(c) Certification.--On request of a landowner that has
repaid, in full, the construction costs described in
subsection (a), the Secretary of the Interior shall provide
to the landowner a certificate described in section 213(b)(1)
of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(d) Effect.--Nothing in this section--
(1) modifies any contractual rights under, or amends or
reopens, the reclamation contract between the District and
the United States; or
(2) modifies any rights, obligations, or relationships
between the District and landowners in the District under
Nebraska State law.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from Virginia (Mr. Beyer) each will
control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
As we begin the debate on this particular bill, I am pleased that the
gentleman from Nebraska (Mr. Smith) is here with us to introduce this
very effective and important bill.
I yield such time as he may consume to the gentleman from Nebraska
(Mr. Smith) to explain his legislation.
Mr. SMITH of Nebraska. I thank my colleague from Utah for yielding.
Under Federal reclamation law, irrigation districts which receive
water from a Bureau of Reclamation facility typically repay their
portion of the capital costs of water projects under long-term
contracts.
Under its current contract and current law, Northport is exempt from
annual capital repayment if this carriage fee exceeds $8,000 per year.
Given that the carriage fee has greatly exceeded this amount every year
since the 1950s, Northport's capital repayment debt has been stagnant
at over $923,000 since 1952.
So long as the debt endures, landowners are subject to burdensome
reporting requirements and acreage limitations, and no leverage is
generated for the Federal Government.
I introduced this bill to provide members of the Northport Irrigation
District early repayment authority under their dated reclamation
contract.
Allowing producers within the Northport Irrigation District to pay
off their portion of the contract means the government will receive
funds otherwise uncollected, and landowners will be relieved of costly
constraints which threaten family-owned operations.
For example, at a Water, Power, and Oceans Subcommittee hearing last
year, one member of the Northport district testified that acreage
limitations will prohibit parents who own land in the district from
passing down or even selling farmland to sons and daughters who also
own land in the same district.
As the chairman mentioned, similar legislation has passed under
bipartisan majorities and, according to the CBO, could generate as much
as $440,000 in Federal revenue.
This is a very simple bill which would make a big difference to some
family farmers in western Nebraska.
Mr. BEYER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 404 would authorize landowners served by the
Northport Irrigation District to prepay the remaining portion of
construction costs allocated to them for the North Platte project. In
exchange, the landowners who pay will no longer be subject to acreage
limitations and other requirements associated with the Reclamation
Reform Act.
I ask my colleagues to join me in support of this good bill, and I
yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
This bill is an excellent piece of legislation that solves a problem
that should never have existed in the first place.
It is curious that in many cases throughout the West, the current
Federal law does not allow a landowner to make an early repayment on
Federal irrigation projects. It is an outdated law and a hurdle that is
silly. It is similar to a bank prohibiting a homeowner from paying off
his or her mortgage early.
Congressman Smith's bill removes the Federal Bureau of Reclamation
repayment prohibition for individual landowners within the Northport
Irrigation District. In return for those payments, though, these
farmers will no longer be subject to the acreage limitation and the
paperwork requirements imposed by the Reclamation Reform Act.
This bill will accelerate revenue coming into the Treasury. It is
based on two recent precedents that passed in both Republican- and
Democrat-controlled Houses. Today, we are trying to continue those
efforts by adopting this particular bill.
[[Page H3587]]
With that, Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 404.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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