[House Report 106-417]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-417

======================================================================



 
            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.

                                  
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