[House Report 106-417]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-417
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AMENDMENT OF CENTRAL UTAH PROJECT COMPLETION ACT
_______
October 27, 1999.--Committed to the Committee of 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. 2889]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2889) to amend the Central Utah Project Completion Act to
provide for acquisition of water and water rights for Central
Utah Project purposes, completion of Central Utah Project
facilities, and implementation of water conservation measures,
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. 2889 is to amend the Central Utah
Project Completion Act to provide for acquisition of water and
water rights for Central Utah Project purposes, completion of
Central Utah project facilities, and implementation of water
conservation measures.
Background and Need for Legislation
The Central Utah Project (CUP) is located in the central
and the east central part of the State of Utah. The project
provides Utah with the majority of its share of Colorado River
water. Water developed by the Central Utah Project has been
used for municipal, industrial, irrigation, hydroelectric
power, fish, wildlife, conservation, and recreation purposes.
After the 1992 enactment of the CUP Completion Act, a
Department of the Interior Program office was set up in Provo,
Utah, to coordinate the implementation of the Act with the
Central Utah Water Conservancy District and the Utah
Reclamation Mitigation and Conservation Commission. Since that
time issues regarding endangered species, water conservation
and minimum flows in the lower Provo River have arisen that
need to be adequately addressed and funded. During the
completion of the CUP, changes and modifications to project
features resulted in excess funds in some accounts and
shortages in others. H.R. 2889 allows the Secretary of the
Interior to use up to $60 million in unexpended budget
authority to meet these needs.
Committee Action
H.R. 2889 was introduced on September 21, 1999, by
Congressman Chris Cannon (R-UT). H.R. 2889 was referred to the
Committee on Resources and within the Committee to the
Subcommittee on Water and Power. A legislative hearing was held
on the bill on October 7, 1999, by the Subcommittee on Water
and Power. On October 20, 1999, the Full Resources Committee
met to consider the bill. The Subcommittee was discharged from
further consideration of the measure by unanimous consent. No
amendments were offered and the bill was ordered favorably
reported to the House of Representatives by voice vote.
Section-by-Section Analysis
Section 1. Amendment of Central Utah Project Completion Act
This section amends section 202(c) of the Central Utah
Project Completion Act (Public Law 102-575, 106 Stat. 4600,
4611) to authorize the Secretary of Interior to use up to $60
million in unexpended budget authority to acquire water and
water rights, complete project facilities, and implement water
conservation measures.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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 this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII 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 on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 26, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2889, a bill to
amend the Central Utah Project Completion Act to provide for
acquisition of water and water rights for Central Utah Project
purposes, completion of Central Utah Project facilities, and
implementation of water conservation measures.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2889--A bill to amend the Central Utah Project Completion Act to
provide for acquisition of water and water rights for Central
Utah Project purposes, completion of Central Utah Project
facilities, and implementation of water conservation measures
CBO estimates that enacting H.R. 2889 would have no impact
on the federal budget. 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
and would have no significant impact on the budgets of state,
local, or tribal governments.
H.R. 2889 would authorize the appropriation of up to $60
million for the Secretary of the Interior to acquire water
rights for instream flows and to complete certain other
projects, if such funds are not needed for the projects
currently authorized by the Central Utah Project Completion
Act. Based on information from the Department of the Interior,
CBO expects that the department will use all available funds
for purposes authorized under current law, assuming
appropriation of such amounts. Thus, the bill would neither
affect funds already appropriated nor increase the total amount
of funds authorized to be appropriated for the Central Utah
Project.
On October 6, 1999, CBO prepared a cost estimate for S.
1377, as ordered reported by the Senate Committee on Energy and
Natural Resources on September 22, 1999. The two bills are
similar, and the cost estimates are the same.
The CBO staff contact is Megan Carroll. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 202 OF THE CENTRAL UTAH PROJECT COMPLETION ACT
SEC. 202. BONNEVILLE UNIT WATER DEVELOPMENT.
(a) * * *
* * * * * * *
(c) [The Secretary is authorized to utilize any unexpended
budget authority provided in title II and such funds as may be
provided by the Commission for fish and wildlife purposes, to
provide 65 percent Federal share pursuant to section 204, of
engineering, design, and construction of Hatchtown dam in
Garfield County and associated facilities to deliver
supplemental project water from Hatchtown dam.] The Secretary
is authorized to utilize any unexpended budget authority
provided in this title up to $60,000,000 and such funds as may
be provided by the Commission for fish and wildlife purposes,
to provide 65 percent Federal share pursuant to section 204, to
acquire water and water rights for project purposes including
instream flows, to complete project facilities authorized in
this title and title III, to implement water conservation
measures, and for the engineering, design, and construction of
Hatchtown Dam in Garfield County and associated facilities to
deliver supplemental project water from Hatchtown Dam. The
District shall establish a viable minimum conservation pool in
Hatchtown dam and shall ensure maintenance of viable instream
flows in the Sevier River between Hatchtown dam and the Piute
dam with the concurrence of the Commission and in consultation
with the Division of Wildlife Resources of the State of Utah.
The District shall comply with the provisions of section
202(a)(1) with respect to the features to be provided for in
this subsection.