[House Report 106-805]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-805

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



 
      DESCHUTES RESOURCES CONSERVANCY REAUTHORIZATION ACT OF 1999

                                _______
                                

 September 6, 2000.--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 S. 1027]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 1027) to reauthorize the participation of the Bureau of 
Reclamation in the Deschutes Resources Conservancy, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.


                          Purpose of the Bill

    The purpose of S. 1027 is to reauthorize the participation 
of the Bureau of Reclamation in the Deschutes Resources 
Conservancy and for other purposes.

                               Background

    The Deschutes Resources Conservancy was authorized in 1996 
as a five-year pilot project designed to achieve local 
consensus on projects to improve ecosystem health in the 
Deschutes River basin. The Deschutes River drains Oregon's high 
desert along the eastern front of the Cascade Mountains and 
eventually flows into the Columbia River. The river basin is 
used for recreation, irrigation, contains hundreds of thousands 
of acres of productive forest and rangelands, serves the treaty 
fishing and water rights of the Confederated Tribes of Warm 
Springs, and has Oregon's largest non-federal hydroelectric 
project.
    Projects funded through the Conservancy demonstration 
include: piping for irrigation district delivery systems to 
prevent water loss; securing water rights for instream flows to 
restore flows to Squaw Creek; providing fencing of riparian 
areas to protect riverbanks; working with private timberland 
owners to restore riparian and wetlands areas; and seeking 
donated water rights to enhance instream flows in the Deschutes 
River basin.
    The existing authorization provides up to $1 million each 
year for projects. Funding is provided through the Bureau of 
Reclamation, the lead federal agency. S. 1027 would reauthorize 
the five-year pilot project from 2002 to 2006 and increase the 
authorization ceiling to $2 million annually.
    Companion legislation, H.R. 1787, was introduced in the 
House of Representatives by Congressman Walden (R-OR).

                            Committee Action

    S. 1027 was introduced on May 12, 1999, by Senator Gordon 
Smith (R-OR). On July 1, 1999, the Senate passed S. 1027 by 
unanimous consent. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On July 26, 2000, the Resources Committee met 
to consider the bill. 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 ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      Section-by-Section Analysis


Section 1. Short title

    The short title of the bill is ``Deschutes Resources 
Conservancy Reauthorization Act of 1999''.

Section 2. Extension of participation of Bureau of Reclamation in 
        Deschutes Resources Conservancy.

    This section reauthorizes the project for an additional 
five years. This section also raises the authorization ceiling 
from $1 million to $2 million annually.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(l) of rule X and clause 3(c)(l) 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, August 3, 2000.
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 S. 1027, the Deschutes 
Resources Conservancy Reauthorization Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Applebaum.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1027--Deschutes Resources Conservancy Reauthorization Act of 1999

    Summary: S. 1027 would authorize the appropriation of $10 
million over the 2002-2006 period for ecosystem restoration 
projects in the Deschutes River basin in Oregon. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing S. 1027 would cost $7 million over the 2002-2005 
period, with the remaining $3 million to be spent after 2005. 
The legislation would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    S. 1027 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
State and local governments would probably incur some costs to 
match the funds authorized by this act, but these costs would 
be voluntary.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that the amounts authorized in the act 
will be appropriated for each year and that outlays will follow 
the historical spending pattern for similar activities. The 
estimated budgetary impact of S. 1027 is shown in the following 
table. The costs of this legislation fall within budget 
function 300 (natural resources and the environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2000     2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Authorization level \1\...............................        1        1        0        0        0        0
    Estimated Outlays.....................................        1        1    (\2\)    (\2\)        0        0
Proposed changes:
    Authorization level...................................        0        0        2        2        2        2
    Estimated Outlays.....................................        0        0        1        2        2        2
Spending Under S. 1027:
    Authorization level \1\...............................        1        1        2        2        2        2
    Estimated Outlays.....................................        1        1        2        2        2        2
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for restoration projects in the Deschutes basin.
\2\ Less than $500,000.

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1027 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State and local governments would probably 
incur some costs to match the funds authorized by this act, but 
these costs would be voluntary. Under current law, all federal 
expenditures for restoration projects in the Deschutes basin 
must be matched by an equal amount of nonfederal contributions, 
including in-kind contributions. This requirement would apply 
to the funds authorized by this act.
    Previous CBO estimate: On June 27, 2000, CBO transmitted a 
cost estimate for H.R. 1787, the Deschutes Resources 
Conservancy Reauthorization Act of 1999, as ordered reported by 
the House Committee on Resources on June 21, 2000. On June 21, 
1999, CBO transmitted a cost estimate for S. 1027 as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on June 16, 1999. All versions of this legislation 
are nearly identical, and their estimated costs are the same.
    Estimate prepared by: Federal costs; Rachel Applebaum; 
impact on State, local and tribal governments: Marjorie Miller, 
impact on the private sector: Lauren Marks.
    Estimate 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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

      SECTION 301 OF THE OREGON RESOURCE CONSERVATION ACT OF 1996


SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

    (a) * * *

           *       *       *       *       *       *       *

    (b) In General.--
          (1) * * *

           *       *       *       *       *       *       *

    (3) The Bureau of Reclamation shall pay from funds 
authorized under subsection (h) of this title up to 50 percent 
of the cost of performing any project proposed by the Working 
Group and approved by the Secretary, up to a total amount of 
$1,000,000 during each of the fiscal years 1997 through 2001,  
and up to a total amount of $2,000,000 during each of fiscal 
years 2002 through 2006.

           *       *       *       *       *       *       *

    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this title $1,000,000 for each 
of fiscal years 1997 through 2001 and $2,000,000 for each of 
fiscal years 2002 through 2006.

                                
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