[House Report 105-813]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-813
_______________________________________________________________________


 
       COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT ACT

                                _______
                                

October 12, 1998.--Committed to the Committee on the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4223]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4223) to assist in the development and implementation of 
projects to provide for the control of drainage, storm, flood 
and other waters as part of water-related integrated resource 
management, environmental infrastructure, and resource 
protection and development projects in the Colusa Basin 
Watershed, California, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4223 is to assist in the development 
and implementation of projects to provide for the control of 
drainage, storm, flood and other waters as part of water-
related integrated resource management, environmental 
infrastructure, and resource protection and development 
projects in the Colusa Basin Watershed, California.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Colusa Basin drainage area consists of 1,036,000 acres 
(1,620 square miles) in northern California within Glenn, 
Colusa and Northern Yolo Counties. Within this area, the Colusa 
Basin Drainage District embodies more than 600,000 acres of the 
Sacramento Valley, spanning from Knights Landing in the south 
northward to the City of Orland, with the Sacramento River and 
the foothills forming the east and west boundaries. Most of the 
land within the District is devoted to agricultural production 
including irrigated crops, orchards, vineyards and grazing 
lands. Total irrigated land is approximately 466,000 acres.
    The Basin contains 13 significant watersheds that drain 
winter storm runoff into the region's main drainage facility, 
the Colusa Basin Drain. The Drain is a man-made facility that 
collects and conveys irrigation return flows and storm runoff 
to the Knights Landing outfall gates, where drain waters 
discharge into the Sacramento River, or if the River is at a 
higher elevation, the waters flow into the Yolo Bypass through 
the Knights Landing Ridge Cut.
    The Colusa area has suffered repeated damage from winter 
flooding. The three-county area sustained more than $100 
million in damages from the floods of January and March 1995. 
The Colusa Basin Drainage District was originally created in to 
minimize problems of this kind. The District continues to 
address issues associated with water management, flood control, 
drainage and subsidence occurring within the multi-county 
Colusa Basin.
    H.R. 4223 sets up a process that will help reduce the risk 
of damage to urban and agricultural areas from flooding or the 
discharge of drainage water or tailwater; assist in groundwater 
recharge efforts to decrease overdraft and land subsidence; 
reduce the risk of harm to wetland and riparian habitat; and to 
capture, as an incidental purpose, surface or storm water for 
conservation, conjunctive use, and increased water supplies.
    Projects for which assistance may be provided under this 
legislation will be designed to be consistent with watershed 
protection and environmental restoration efforts being carried 
out under the authority of the Central Valley Project 
Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) 
and the CALFED Bay-Delta Program. One of the prime objectives 
of local project proponents in seeking introduction of this 
legislation was to specifically identify a Congressional 
priority for funding from within existing federal programs. It 
is the Committee's objective in advancing this bill to 
prioritize the expenditure of funds within existing programs 
rather than create new budget authority.
    The Committee notes that the non-federal cost-share 
required by H.R. 4223 is limited to 25 percent. More typical 
cost-sharing amounts for water projects funded under the Bureau 
of Reclamation are much higher. It is often considered 
appropriate to require full repayment of federal expenditures 
if water supply and groundwater recharge projects are 
constructed. In contrast, under the CALFED program, many of the 
projects have a local cost-share of 0-50 percent. Since a 
principle priority for this legislation is to provide a 
priority for funding this project from within CALFED, Central 
Valley Project Improvement Act Restoration funds or other 
existing Department of Interior programs, the Committee 
acknowledges that the cost-share may be different than 
traditional Bureau of Reclamation projects. However, it is not 
the intent of the Committee to establish this cost-share as a 
standard for Reclamation-related projects.
    The Committee also notes that the legislation provides only 
for federal financial assistance; no technical assistance from 
the Bureau of Reclamation is mentioned in the bill. If H.R. 
4223 is enacted, the Committee encourages the Bureau of 
Reclamation to execute cost-reimbursable agreements with the 
District and to work within existing authorities to provide 
technical assistance and to ensure that project activities are 
developed in coordination with operations of the Central Valley 
Project, implementation of the Central Valley Project 
Improvement Act, or activities undertaken by the CALFED 
programs.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This Act may be cited as the ``Colusa Basin Watershed 
Integrated Resources Management Act.''

Section 2. Authorization of assistance

    The Secretary of the Interior may provide financial 
assistance to the Colusa Basin Drainage District California, 
for use by the District or by local agencies for planning, 
design, environmental compliance, and construction required in 
carrying out eligible projects in the Colusa Basin watershed.

Section 3. Project selection

    Eligible projects are identified in the document entitled 
``Colusa Basin Water Management Program'', dated February 1995, 
and must be in accordance with that document and all 
environmental documentation requirements that apply to the 
project under the laws of the United States and the State of 
California.

Section 4. Cost sharing

    District and cooperating non-federal agencies or 
organizations shall pay 25 percent of the costs associated with 
construction of any project carried out with assistance 
provided under H.R. 4223, and 100 percent of any operation, 
maintenance, and replacement and rehabilitation costs with 
respect to such a project. Other funds appropriated pursuant to 
H.R. 4223 may be made available to fund all costs incurred for 
planning, design, and environmental compliance activities by 
the District or by local agencies acting pursuant to the state 
statute, in accordance with agreements with the Secretary.
    For purposes of this section, the Secretary shall treat the 
value of lands, interests in lands (including rights-of-way and 
other easements), and necessary relocations contributed by the 
District to a project as a payment by the District of the costs 
of the project.

Section 5. Costs nonreimbursable

    Amounts expended pursuant to H.R. 4223 shall be considered 
nonreimbursable for purposes of the Act of June 17, 1902 (32 
Stat. 388; 43 U.S.C. 371 et seq.).

Section 6. Agreements

    Funds appropriated pursuant to H.R. 4223 may be made 
available to the District or a local agency only if the 
District or local agency has entered into a binding agreement 
with the Secretary under which the District or the local agency 
is required to pay the non-federal share of the costs of 
construction required by section 4(a) and governing the funding 
of planning, design, and compliance activities costs under 
section 4(b).

Section 7. Reimbursement

    For project work (including work associated with studies, 
planning, design, and construction) carried out by the District 
or by a local agency acting pursuant to section 2 before the 
date amounts are provided for the project H.R. 4223, the 
Secretary shall, subject to amounts being made available in 
advance in appropriations acts, reimburse the District or the 
local agency, without interest, an amount equal to the 
estimated federal share of the cost of such work under section 
4.

Section 8. Cooperative agreements

    The Secretary may enter into cooperative agreements and 
contracts with the District to assist the Secretary in carrying 
out the purposes of H.R. 4223. Under such cooperative 
agreements and contracts, the Secretary may authorize the 
District to manage and let contracts and receive 
reimbursements, subject to amounts being made available in 
advance in appropriations acts, for work carried out under such 
contracts or subcontracts.

Section 9. Relationship to Reclamation Reform Act of 1982

    Activities carried out, and financial assistance provided, 
under H.R. 4223 shall not be considered a supplemental or 
additional benefit for purposes of the Reclamation Reform Act 
of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).

Section 10. Appropriations authorized

    There are authorized to be appropriated to the Secretary to 
carry out H.R. 4223 $25,000,000, plus such additional amount, 
if any, as may be required by reason of changes in costs of 
services of the types involved in the District's projects as 
shown by engineering and other relevant indexes. Sums 
appropriated under this section shall remain available until 
expended.

                            COMMITTEE ACTION

    H.R. 4223 was introduced on July 15, 1998, by Congressman 
Vic Fazio (D-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On September 16, 1998, the Full Resources 
Committee met to consider H.R. 4223. At that time, the 
Subcommittee on Water and Power was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill was then ordered favorably reported 
to the House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 4223.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 4223. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
4223 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 4223.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
4223 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC September 25, 1998.
Hon. Don Young,
Chairman, Committee on Resources
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4223, the Colusa 
Basin Watershed Integrated Resources Management Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
(for federal costs), and Marjorie Miller (for the State and 
local impact).
            Sincerely.
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 4223--Colusa Basin Watershed Integrated Resources Management Act

    Summary: H.R. 4223 would authorize the Secretary of the 
Interior, acting through the Bureau of Reclamation, to provide 
financial assistance to the Colusa Basin Drainage District in 
California, for use by the district or by local agencies for 
planning, designing, and constructing eligible projects in the 
Colusa Basin Watershed. To carry out such activities the bill 
would authorize the appropriation of $25 million plus 
additional amounts to cover increases in project costs during 
the time necessary to complete those projects. The projects 
that would be authorized to receive funding under H.R. 4223 are 
intended, among other purposes, to reduce the risk of damage to 
urban and agricultural areas from flooding, and to construct, 
restore, and preserve wetland and Riparian habitat.
    CBO estimates that implementing H.R. 4223 would require 
appropriations of $29 million over the 1999-2010 period. We 
estimate that outlays would total $14 million over the 1999-
2003 period, and $15 million in subsequent years, assuming 
appropriation of the necessary amounts. Enacting the bill would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). State and Local 
governments might incur some some costs as a result of the 
bill's enactment, but these costs would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4223 is shown in the follow table: The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

                [By fiscal year, in millions of dollars]
------------------------------------------------------------------------
                                   1999    2000    2001    2002    2003
------------------------------------------------------------------------
               CHANGES IN SPENDING SUBJECT TO APPROPIATION
Estimated Authorization Level...       1       3       3       5       5
Estimated Outlays...............       1       2       3       4       5
------------------------------------------------------------------------

    Basis of estimate: For the purpose of this estimate, CBO 
assumes that the bill will be enacted near the beginning of 
fiscal year 1999 and that the estimated amounts necessary to 
implement the bill will be appropriated for each year. CBO 
estimated the annual funding levels based on information 
provided the the Bureau of Reclamation and the Colusa Basin 
Drainage District. Outlay estimates are based on historical 
rates of spending for similar activities.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4223 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The drainage district and any other nonfederal 
participants would pay 25 percent of the costs of constructing 
any funded projects and all of the costs of operating and 
maintaining such projects. Any such contributions by state or 
local governments would be voluntary.
    Estimate prepared by: Federal Costs: Gary Brown. Impact on 
State, Local, and Tribal Governments: Marjorie Miller.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 4223 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 4223 would make no changes in existing 
law.