[Senate Report 104-387]
[From the U.S. Government Publishing Office]
Calendar No. 610
104th Congress Report
SENATE
2d Session 104-387
_______________________________________________________________________
UMATILLA BASIN PROJECT COMPLETION ACT
_______
September 30, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1986]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1986) to provide for the completion of
the Umatilla Basin Project, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Umatilla Basin Project
Completion Act.''
Sec. 2. Title II of P.L. 100-557 is amended by adding at the end
thereof:
``Sec. 214. Authorization of Project Completion.--The Secretary of
the Interior (hereinafter referred to as the Secretary), acting
pursuant to the Federal reclamation laws (Act of June 17, 1902, and
Acts amendatory thereof and supplementary thereto), is authorized to
complete construction and to operate and maintain the integrated
Umatilla Basin Project, including pump exchange projects known as
Phases I, II, and III, for the purposes of completing the Columbia
River water exchanges and other mitigation efforts necessary to restore
the Umatilla River Basin fishery, and providing for the expansion of
Umatilla Basin Irrigation Districts' boundaries.
``Sec. 215. Umatilla Basin Project Phase III Exchange.--(a)(1)
Authorization of project construction.--The Secretary is hereby
authorized to construct a third and final phase of the Umatilla Basin
Project to provide additional flows in the Umatilla River for
anadromous fish through a water exchange with Westland Irrigation
District.
``(2) Prior to construction, the Secretary shall complete a
feasibility study to identify alternatives to provide Westland
Irrigation District and other Umatilla River Basin water users with
exchange flows of approximately 220 cubic feet per second to restore
the Umatilla River fishery, as determined through analysis of options
in a feasibility study described in Section 215(a)(3).
``(3) The feasibility study for the Phase III exchange facilities
shall examine engineering, environmental, and economic factors
associated with project alternatives, including but not limited to:
technical engineering and hydrologic analyses pertinent to the
identification and design of alternatives; biological analyses of
instream flow levels to optimize anadromous fish restoration; and an
assessment of the cost-effectiveness of the alternatives for restoring
the Umatilla Basin fishery. The study shall also include an analysis of
inclusion of other irrigators in the exchange; consolidation of
irrigation delivery facilities; potential for voluntary water
transfers; optimization of water delivery scheduling for all four
irrigation districts; appropriate backup systems; water conservation
opportunities; and such other analyses as the Secretary may deem
appropriate to improve the exchange project for fishery restoration
purposes.
``(4) Prior to completion of Phase III facilities, the Secretary
shall negotiate and execute an exchange agreement with the Westland
Irrigation District to allow the use of Columbia River water in
exchange for an equivalent amount of Umatilla River or McKay Reservoir
water: Provided, that the irrigation districts shall continue to be
eligible to receive the same volume of water as they received from
their Umatilla River water rights and under their respective contracts
with the Bureau of Reclamation dated July 6, 1954 for Hermiston
Irrigation District, November 18, 1949 for Stanfield Irrigation
District, July 6, 1954 for West Extension Irrigation District, and
November 18, 1949 for Westland Irrigation District. Additional exchange
agreements with other water users may be executed prior to delivery of
water to those entities. The exchange agreements shall incorporate
water delivery scheduling optimization, conservation, water transfer,
and other technical operational measures recommended in the feasibility
study.
``(5) Phase III facilities may pump Columbia River water for
exchange purposes only, and not for conjunctive use.
``(b) Operation and Maintenance Costs.--All exchange system
operation and maintenance costs and any increased operation and
maintenance costs to the project caused by the Phase III Exchange shall
be the responsibility of the Federal Government and shall be non-
reimbursable.
``(c) Power For Project Pumping.--The Administrator of the
Bonneville Power Administration (hereinafter referred to as the
Administrator), consistent with provisions of the Columbia River Basin
Fish and Wildlife Program adopted by the Northwest Power Planning
Council pursuant to the Pacific Northwest Electric Power Planning and
Conservation Act (94 Stat. 2697), shall provide power needed to effect
the Phase III water exchange for purposes of mitigating anadromous
fishery impacts. Beginning with the fiscal year that such power is
provided, and continuing for so long as it is provided, the
Administrator shall apply against amounts otherwise payable by the
Administrator to the United States Treasury a credit that reduces the
Administrator's payment by the amount equal to the cost of power
provided in that year. For purposes of calculating that credit, the
Administrator shall determine the cost of the power so provided by
multiplying the amount of the power provided by the prevailing priority
firm rate, or the rate which is then the equivalent of the priority
firm rate if that designation is no longer used by the Administrator,
plus applicable transmission charges for priority firm power.
``(d) Project facilities authorized by this title shall be
integrated and coordinated into the existing Umatilla Basin Project.
``Sec. 216. Umatilla Basin Irrigation Districts Boundary
Adjustment.--(a) Upon enactment of the Umatilla Basin Project
Completion Act, the boundaries of the four irrigation districts are
adjusted by operation of law as follows:
``(1) Hermiston Irrigation District's boundaries are adjusted
to include the 1,091 acres identified in its 1993 request to
the Bureau of Reclamation;
``(2) Stanfield Irrigation District's boundaries are adjusted
to include the 3,549 acres identified in its 1993 request to
the Bureau of Reclamation. Stanfield Irrigation District shall
design and complete a riparian project, as described in their
temporary contract with the Bureau of Reclamation;
``(3) West Extension Irrigation District's boundaries are
adjusted to include the 2,436.8 acres identified in the June,
1993 Bureau of Reclamation Land Classification Report as
irrigable; and
``(4) Westland Irrigation District's boundaries are adjusted
to include the 9,912 acres identified in its 1993 request to
the Bureau of Reclamation: Provided, That the mitigation
provisions included in Westland's 1996 temporary contract with
the Bureau of Reclamation shall remain in force until Phase III
of the Umatilla Basin Project is constructed, operationally
tested, and ready for turnover to operations and maintenance
status. A riparian project, as described in the temporary
contract, will be designed and completed by the Westland
Irrigation District.
``(b) Notwithstanding any other provision of this Title, no parcel
may receive project water unless it has a valid State water right and
is classified as irrigable in the Bureau of Reclamation's Land
Classification Report.
``(c) Upon approval of each irrigation district's boundary
adjustment request and adjustment of the boundary, a legal description
of the new district boundaries, including land classification and
project boundary maps, shall be provided as an attachment to all four
Irrigation Districts' existing contracts.
``(d) No alteration in the ability to pay determination for the
Umatilla Basin Project districts may be made as a result of the project
boundary expansions authorized by this Title.
``Sec. 217. Water Protection and Management.--(a) The Secretary, in
cooperation with the Confederated Tribes of the Umatilla Indian
Reservation (hereinafter referred to as the Tribes), shall participate
in any discussions with the State of Oregon (hereinafter referred to as
the State) regarding the Tribes' water claims and other water needs in
the Umatilla River Basin. To facilitate these discussions of water
claims:
``(1) The Secretary, taking into account the facilities and
analyses authorized by the Act, shall participate in any
efforts undertaken by the State, Tribes, irrigation districts,
Bonneville Power Administration and the affected public to
develop a water management plan for the Umatilla River Basin.
The plan shall address restoration of the Umatilla River Basin
anadromous fishery. The Secretary shall also develop an
integrated groundwater/surface water model of the Upper
Umatilla River Basin.
``(2) Within two years after the date of enactment of this
Act, The Secretary shall report to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives on the progress of:
``(A) the facilities authorized by this Act;
``(B) the water management plan;
``(C) the groundwater/surface water model; and
``(D) the status of discussions of Tribal water
claims in the Umatilla River Basin.
``(b) The Secretary shall enter into appropriate agreements with
the State, the relevant irrigation districts, and the Tribes, as
appropriate, to provide funding for monitoring and administration,
including regulation, of project-related water supplies for the
purposes herein identified.
``Sec. 218. Joint Water Supply System.--The Secretary is authorized
to provide by grant or contract, any funds appropriated pursuant to
Section 219(a)(4) of this Act, to the Tribes for the construction of an
offstream storage reservoir of approximately 10,000 acre-feet capacity,
with associated works. Such authorization shall not include the purpose
of constructing water treatment facilities. Such reservoir is to be
located on or adjacent to the Tribes' Reservation in Oregon: Provided,
That:
``(a) The City of Pendleton, Oregon (hereinafter referred to as the
City) agrees to provide up to $16,000,000 (in addition to the
$6,500,000 authorized by this Act for the Tribal share of the project)
for feasibility level planning and environmental studies and
construction of the reservoir and associated works provided for by this
Section. Any cost overruns beyond the $22,500,000 estimated for the
reservoir and associated works authorized by this Act shall be
allocated 70 per cent to the City and 30 per cent to the Tribes, unless
they mutually agree otherwise. In the event that actual construction of
the reservoir and associated works is not initiated within 24 months of
funds being appropriated pursuant to Section 219(a)(4), such funds will
be returned to the Treasury;
``(b) The Secretary determines, pursuant to appropriate feasibility
level planning and environmental studies, that the facility can be
built and operated in a manner which conforms to all applicable
Federal, State, and Tribal laws and that the project siting and
construction minimizes adverse effects on the Umatilla River fishery;
``(c) The Secretary, in cooperation with the State and the Tribes,
determines that diversions for storage will not reduce Umatilla River
flows below the levels necessary to restore and support the Umatilla
River anadromous fishery. In diverting water for storage and operation
of the reservoir, the Tribes and the City may agree to higher levels of
protection of instream flows, as may be permitted by State and Federal
law. The reservoir shall be filled only during periods of high flow,
and in such a manner as to preserve the ecological value of high flow
events in the Umatilla River, as determined by Federal, State, and
Tribal fishery experts;
``(d) The City, subject to applicable Federal, State, and Tribal
laws, shall use all of its water rights to the Umatilla River and its
tributaries with priority dates after January 1, 1910, including those
rights identified in Oregon Revised Statutes 538.450, for instream flow
purposes to improve the Umatilla River anadromous fishery, provided
that adequate water from the reservoir project is available for
municipal use;
``(e) The City and the Tribes shall be responsible for operation
and maintenance of the reservoir and associated works and shall share
all operation and maintenance costs on a pro rata basis, determined by
the amount of water in the reservoir set aside for each Government's
use, unless the City and the Tribes mutually agree to an alternative
cost allocation; and
``(f) The Secretary may direct that funds authorized under Section
219(a)(4) be contracted to the Tribes, under the provision of the
Indian Self-Determination and Education Assistance Act, 25 U.S.C.
Sec. 450 et seq., as amended.
``Sec. 219. Authorization of Appropriations.--``(a) There are
authorized to be appropriated to the Secretary, plus or minus such
amounts as may be justified by reason of ordinary fluctuations of
applicable cost indexes, the following sums, without fiscal year
limitation:
``(1) not to exceed $64,000,000 for feasibility studies,
environmental studies, and construction of the Phase III
Exchange: Provided, That all costs of Phase III planning and
construction, including operation and maintenance costs
allocated to the mitigation of anadromous fish species and the
study authorized in Section 215 of this Act, shall be non-
reimbursable; Provided further, That not more than 25 percent
of the amount appropriated under this paragraph may be expended
for administrative overhead costs;
``(2) not to exceed $500,000 for a water management plan and
an integrated groundwater/surface water model, as provided for
in Section 217(a) of this title;
``(3) not to exceed $400,000 annually for enforcement and
protection of Phases I, II, and III exchange water for instream
uses, as provided for in Section 217(b) of this title; and
``(4) not to exceed $6,500,000 for feasibility studies,
environmental studies, and construction of the Tribes' portion
of an off stream storage reservoir and associated works, as
authorized in Section 218 of this title.''.
Sec. 3. Water Rights.--Nothing in this Act shall:
(a) Impair the validity of or preempt any provision of State law
with respect to water or water rights, or of any interstate compact
governing water or water rights;
(b) Create a right to the diversion or use of water other than as
established pursuant to the substantive and procedural requirements of
State law and as recognized under State law;
(c) Impair any valid water right; or
(d) Establish or create any water rights for any party, nor may any
provision be construed to create directly or indirectly an express or
implied federal reserved water right for any purpose.
Sec. 4. Sense of the Congress.--It is the sense and expectation of
the Congress that construction and operation of Phase III, the
perpetual operation of the integrated Umatilla Basin Project, and the
construction and operation of the Joint Water Supply System, as
authorized in Section 218 of this Act, will fulfill obligations of the
Federal Government to provide the Confederated Tribes of the Umatilla
Indian Reservation with water for fishery purposes in the Umatilla
River below the mouth of McKay Creek, as recognized by their 1855
Treaty with the United States: Provided, That fulfillment of
obligations is contingent upon an agreement between the United States,
the Tribes, and the State as to the instream flow levels necessary for
fishery restoration, and that the design and operation of the
integrated Umatilla Basin Project, as determined by the feasibility
study required in Section 215(a)(3) of this Act, will allow such
instream flow levels to be achieved.
Purpose of the Measure
S. 1986, as ordered reported, would amend the Umatilla
Basin Project Act of 1988 (P.L. 100-557) to provide $71 million
for the completion of the Phase III exchange system and would
make or authorize alterations in District boundaries consistent
with current water deliveries.
Background and Need
The Umatilla project, located in northeastern Oregon, was
authorized in 1905 under the 1902 Reclamation Act and most
facilities were constructed between 1906 and 1927. Four
irrigation districts operate and maintain the project
facilities. Diversion facilities include the Three Mile Falls
Dam and the Feed Canal Diversion Dam which is used to till Cold
Springs reservoir. Storage facilities for the project include
the Cold Springs and McKay Dams.
In 1988, the Umatilla Basin Project Act was passed for the
purpose of mitigating the loss of anadromous fishery resources
on the Umatilla River while continuing water service to
irrigated lands. The project, when fully implemented by the
Bureau, will improve the flow conditions of the Umatilla River
for salmon and steel head trout migration, spawning and rearing
by providing exchange water from the Columbia River. Annual
pumping requirements for the project from the Columbia River is
estimated to average 39,000 acre feet annually. In 1996, over
4,000 fish returned to the Umatilla River for the first time in
decades.
The 1988 Act, however, provided Columbia River exchanges
for only half of the Umatilla River irrigation withdrawals. The
legislation calls for the completion of a third and final phase
of the project to provide exchange water and will satisfy all
obligations of the United States to provide water for fishery
needs of the Confederated Tribes of the Umatilla Indian
Reservation below the mouth of McKay creek. The legislation
also adjusts the boundaries of the four districts (one
prospectively) in accordance with the lands irrigated with
project water in 1988 and calls for a comprehensive water
management plan for the Umatilla River.
Legislative History
Senator Hatfield introduced S. 1986 on July 24, 1996. The
Subcommittee on Forests and Public Land Management held a
hearing on September 3, 1996.
Committee Recommendations and Tabulation of Vote
The Senate Committee on Energy and Natural Resources, in
open business session on Thursday, September 12, 1996, by a
unanimous voice vote of a quorum present, recommends that the
Senate pass S. 1986 as described herein.
Section-by-Section Analysis
Section 1--Short title
The title of the Act is the ``Umatilla Basin Project
Completion Act.''
Section 2--Umatilla Basin Project Act amendments
This section amends title II of the Umatilla Basin Project
Act of 1988, Pub. L. 100-557, by adding the following new
sections:
Section 214 authorizes the Secretary of the Interior to
complete the construction of the Umatilla Basin Project and to
operate and maintain the Project for purposes of completing the
Columbia River water exchanges, and provides for the expansion
of the Umatilla Basin Irrigation District's boundaries.
Section 215 authorizes the Secretary to construct a third
and final phase of the Umatilla Basin Project to provide
additional flows in the Umatilla River for anadromous fish
through a water exchange with the Westland Irrigation District.
Prior to construction, the Secretary is required to conduct
feasibility studies and environmental analyses. Prior to
completion of Phase III facilities, the Secretary is required
to negotiate and execute a water exchange agreement with
Westland Irrigation District to allow the use of Columbia River
water in exchange for an equivalent amount of Umatilla River or
McKay Reservoir water. Phase III facilities are required to use
project water only for exchange purposes and not for
conjunctive use. All exchange system operation and maintenance
costs and any increased operation and maintenance costs caused
by the exchange shall be non-reimbursable and be the
responsibility of the United States. The Bonneville Power
Administration is required to provide the power necessary to
effect the Phase III water exchange for purposes of mitigating
anadromous fishery impacts. Beginning with the year power is
provided and continuing for so long thereafter as power is
provided, BPA shall be given a credit against amounts owed to
the United States Treasury in an amount equal to the cost of
power provided in that year.
Section 216 would adjust the boundaries of four irrigation
districts by operation of law as follows: Hermiston Irrigation
District's boundaries would be adjusted to include 1,091 acres;
Stanfield Irrigation District's boundaries would be adjusted to
include 3,549 acres; West Extension Irrigation District's
boundaries would be adjusted to include 2,436.8 acres; and
Westland Irrigation District's boundaries would be adjusted to
include 9,912 acres. Stanfield and Westland Irrigation
Districts will remain responsible for riparian mitigation
projects specified in their temporary contracts with the Bureau
of Reclamation. Westland Irrigation District will continue to
provide McKay Reservoir water for instream flows, as specified
in its temporary contract, until Phase III is completed. A
valid State water right and ``irrigable'' classification status
are prerequisites for receiving project water, and there is no
alteration in ability to pay determinations for any of the four
districts as a result of the boundary expansions.
Section 217 requires the Secretary to: (1) participate in
discussions with the State of Oregon regarding water claims of
the Tribes of the Umatilla Indian Reservation and other water
needs in the Umatilla River Basin; (2) participate in efforts
taken by the State, Tribes, irrigation districts, BPA and the
affected public to develop a water management plan for the
Umatilla Basin; (3) develop an integrated groundwater/surface
water model for the Upper Umatilla River Basin; (4) report to
Congress within two years of enactment of the status of the
facilities authorized by this Act, the water management plan,
the water model, and discussions of Tribal water claims; and
(5) enter into agreements with the State, irrigation districts,
and Tribes to provide funding for monitoring and
administration, including regulation, of project-related water
supplies.
Section 218 authorizes the Secretary to contract with the
Tribes to construct an offstream storage reservoir of
approximately 10,000 acre feet capacity, with associated works.
The authorization does not include construction of water
treatment facilities. The reservoir will be filled only during
periods of high flow. The City of Pendleton is required to
provide up to $16 million and use its Umatilla River water to
improve the fishery.
Section 219 authorizes: $64,000,000, with a 25%
administrative cost cap, for Phase III studies and
construction; $500,000 for developing a comprehensive
management plan and a groundwater/surface water model; $400,000
for monitoring and enforcing project water; and $6,500,000 for
offstream reservoir studies and construction.
Section 3--Water rights
This section declares that nothing in this Act: (1) impairs
the validity of or preempts State law with respect to water or
water rights, or of any interstate compact governing water or
water rights; (2) creates a right to divert or use water other
than as established pursuant to the substantive and procedural
requirements of State law; (3) impairs any valid water right;
or (4) establishes or creates any water rights for any part,
nor creates an express or implied Federal reserved water right
for any purpose.
Section 4--Sense of Congress
This section declares that Congress expects that operation
of Phases I, II, and III of the Umatilla Basin Project and the
joint water supply project with the City of Pendleton will
fulfill all obligations of the Federal Government to provide
the Confederated Tribes of the Umatilla River Indian
Reservation with water for fishery needs in the Umatilla River
below the mouth of McKay Creek, as recognized by their 1855
Treaty with the United States.
cost and regulatory considerations
The Congressional Budget Office estimate of the costs of
this measure follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1986, the Umatilla
Basin Project Completion Act.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.
congressional budget office cost estimate
1. Bill number: S. 1986.
2. Bill title: Umatilla Basin Project Completion Act.
3. Bill status: As reported by the Senate Committee on
Energy and Natural Resources on September 16, 1996.
4. Bill purpose: S. 1986 would adjust the boundaries of
irrigation districts in the Umatilla Basin and authorize the
Secretary of the Interior to construct and to operate and
maintain the third and final phase of the Umatilla Basin
Project. The project would allow for water exchanges between
the Columbia River and the Umatilla River for the purpose of
restoring the Umatilla River Basin fishery. Other provisions of
the bill would: require the Administrator of the Bonneville
Power Administration (BPA) to provide the power needed to
affect water exchanges between the Columbia and Umatilla
Rivers; and authorize funds for developing a water management
plan for the Umatilla River Basin, for monitoring water use in
the basin, and for contracting with the Confederated Tribes of
the Umatilla Indian Reservation to construct a water storage
reservoir.
5. Estimated cost to the Federal Government: Assuming
appropriation of the necessary amounts, CBO estimates that
enacting S. 1986 would result in new discretionary spending of
$56 million over the 1997-2002 period, about $10 million in
each of fiscal years 2003 and 2004, and roughly $1 million a
year after 2004. The bill also would result in direct spending
of about $1 million a year beginning in 2005.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level............................. 7 (1) 68 (1) (1) (1)
Estimated outlays......................................... 3 3 12 10 14 14
----------------------------------------------------------------------------------------------------------------
1 Less than $500,000.
The costs of this bill fall within budget function 300.
6. Basis of estimate:
Spending subject to appropriation: Assuming appropriation
of the authorized amounts, CBO estimates that it would cost $75
million over the 1997-2004 period to construct the third and
final phase of the Umatilla Basin Project, construct a water
storage facility, and to develop a water management plan.
Additional discretionary spending of about $400,000 a year
would be required beginning in 1998 to monitor and enforce
water uses in the basin. As shown in the above table, we
estimate that $56 million of that spending would occur over the
1997-2002. Monitoring and enforcement costs would increase to
about $1 million a year beginning in 2005, including the cost
of operating and maintaining the third phase of the Umatilla
Basin Project.
Based on information from the Bureau of Reclamation, CBO
assumes that construction of the third phase of the Umatilla
Project would begin in 1999 and completed in 2004. Amounts
required to operate and maintain the Umatilla Basin Project are
estimated based on information provided by the bureau.
Direct spending: Enacting S. 1986 also would result in new
direct spending of about $1 million a year beginning in 2005 by
reducing payments to the Treasury from the sale of power. Under
the bill, the BPA Administer would be directed to provide power
needed to affect water exchanges between the Columbia and
Umatilla Rivers after the Umatilla Project is completed. Annual
payments from BPA to the Treasury from the sale of power would
be reduced to reflect the cost of providing power for this
purpose.
7. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. CBO estimates that enacting
would affect direct spending by reducing the amount of
offsetting receipts paid into the Treasury for the sale of
power. However, such effects would not occur until 2005.
8. Estimated impact on State, local, and tribal
governments: S. 1986 contains no intergovernmental mandates as
defined in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4), and would impose no costs on state, local, or tribal
governments. The bill would adjust the boundaries of four
irrigation districts in the Umatilla Basin and would authorize
construction of facilities to replace the water these districts
currently receive from the Umatilla River with water from the
Columbia River. The water the districts would have received
from the Umatilla River would be left in the river to restore
its fishery resources, which are used by the Confederated
Tribes of the Umatilla Indian Reservation.
The bill would authorize the Secretary of the Interior to
provide up to $6.5 million to the Tribes for planning and
constructing an off-stream storage reservoir, as long as the
city of Pendleton, Oregon, provides up to $16 million in
additional funding. The city would exchange current rights to
water from the Umatilla River and its tributaries for water
from the reservoir, which would be filled during periods of
high flow on the river. Pendleton and the Tribes would share
any cost overruns during construction of the reservoir on a 70
percent/30percent basis, unless they agreed to another ratio.
They would divide all operation and maintenance costs for the
reservoir on a pro rata basis.
9. Estimated impact on the private sector: This bill would
impose no new private-sector mandates a defined in Public Law
104-4.
10. Previous CBO estimate: On September 27, 1996, CBO
provided an estimate for H.R. 2392, as reported by the House
Committee on Resources on September 18, 1996. The two bills are
similar, and the estimates are identical.
11. Estimated prepared by: Federal cost estimate: Gary
Brown; Impact on State, local, and tribal governments: Pepper
Santalucia; and Impact on the private sector: Patrice Gordon.
12. Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
federal mandate evaluation
The Congressional Budget Office has determined that S. 1986
contains no private sector or intergovernmental mandates as
defined in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4).
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
implementing S. 1986. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
There are likely to be significant paperwork requirements
for the Department of the Interior.
executive communications
A Statement of Administration Position has not been
submitted as of the date this report was filed. When the SAP is
available, the Chairman will request that it be printed in the
Congressional Record for the advice of the Senate.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1986, as
ordered reported.