[House Report 106-814]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-814

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



 
       AMENDMENT OF THE COLORADO RIVER BASIN SALINITY CONTROL ACT

                                _______
                                

 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. 1211]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 1211) to amend the Colorado River Basin Salinity Control 
Act to authorize additional measures to carry out the control 
of salinity upstream of Imperial Dam in a cost-effective 
manner, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 1211 is to amend the Colorado River Basin 
Salinity Control Act to authorize additional measures to carry 
out the control of salinity upstream of Imperial Dam in a cost-
effective manner.

                               Background

    Salinity in the Colorado River increases dramatically as 
the River makes its way along its 1,450-mile journey. In its 
downstream journey, the River picks up over 9 million tons of 
salt. Almost half of the salinity is naturally occurring (the 
erosion of high-salt soils and thermal springs with discharge 
flowing into the river). In addition, return flows from 
agricultural lands pick up salt from the soil. Public domain 
lands under the jurisdiction of the Bureau of Land Management 
also contribute an estimated 700,000 tons of salt annually. If 
the salinity of the River is left to accumulate, water quality 
for drinking and agriculture is severely reduced.
    To address the salinity problem, the Colorado River Basin 
Salinity Control Act was enacted in 1974. Title I of the Act 
addressed the Mexican Treaty obligations by authorizing the 
Yuma Desalting Plant, the Wellton-Mohawk Irrigation and 
Drainage District irrigation drainage reduction program, 
concrete lining of the Coachella Canal in California (allowing 
the United States to use the conserved water to replace 
drainage water bypassed to Mexico), and a well field in Arizona 
known as the Protective and Regulatory Pumping Unit. Title II 
of the Act, which was amended in 1995, directed the Bureau of 
Reclamation to conduct a $75 million pilot program to award 
grants, on a competitive-bid basis, for salinity control 
projects. Cost savings under this pilot program have far 
exceeded expectations--down to about $30 per ton of salt 
control, from the previous average of about $80 per ton. 
Central to the success of the new program is the concept of 
local ownership of the proposal and completed project. Unlike 
old projects, new salinity control projects are funded by a 
one-time grant that is limited to the sponsor's competitive 
bid. Once constructed, the facilities are owned, operated, 
maintained, and replaced by the sponsors at their own expense.
    The following is a list of accepted projects with some 
financial information:


                            Committee Action

    S. 1211 was introduced on June 10, 1999, by Senator Robert 
Bennett (R-UT). Companion legislation, H.R. 2619, was 
introduced in the House of Representatives by Congressman Chris 
Cannon (R-UT). On November 19, 1999, the Senate passed S. 1211 
with an amendment by unanimous consent. In the House of 
Representatives, the bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On May 11, 2000, the Subcommittee met to mark 
up the bill. No amendments were offered and the bill was then 
ordered favorably reported to the Full Committee by voice vote. 
On May 24, 2000, the Full Resources Committee met to consider 
the bill. No amendments were offered and the bill was then 
ordered to be reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis


Section 1. Amendment of the Colorado River Basin Salinity Control Act

    This section raises the program ceiling authorization of 
appropriations from $75,000,000 to $175,000,000.

Section 2. Report

    This section requires the Secretary of the Interior to file 
a report on the status of the implementation of the program 
designed to minimize salt entering the Colorado River from 
Bureau of Land Management lands.

            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, June 7, 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. 1211, an act to 
amend the Colorado River Basin Salinity Control Act to 
authorize additional measures to carry out the control of 
salinity upstream of Imperial Dam in a cost-effective manner.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Rachel 
Applebaum (for federal costs), and Marjorie Miller (for the 
state and local impact).
    Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1211--An act to amend the Colorado River Basin Salinity Control Act 
        to authorize additional measures to carry out the control of 
        salinity upstream of Imperial Dam in a cost-effective manner

    Summary: S. 1211 would authorize the appropriation of $175 
million for a program to control the salinity of the Colorado 
River upstream of the Imperial Dam. Under current law, the 
Congress has authorized the appropriation of $75 million for 
this activity. The legislation would direct the Secretary of 
the Interior to prepare a report by June 30, 2000, on the 
status of the comprehensive program for minimizing salt 
contributions to the Colorado River.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 1211 would cost $17 million over 
the 2000-2005 period. Enacting this legislation would not 
affect direct spending or receipts, so pay-as-you-go procedures 
would not apply. S. 1211 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). State and local governments might incur some 
costs to match the federal funds authorized by this 
legislation, but these costs would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1211 is shown in the following table. Of 
the $75 million authorized under current law about $36 million 
has been appropriated through fiscal year 2000. Assuming that 
annual appropriations for this program continue near the 2000 
level of $12 million, as anticipated by the Department of the 
Interior, the balance of the existing $75 million authorization 
would not be exceeded until fiscal year 2004. Thus, CBO 
estimates that the additional $100 million authorized by S. 
1211 would be appropriated in 2004 and in the following years. 
We estimate that the report required by S. 1211 would cost less 
than $500,000 in fiscal year 2000. The costs of this 
legislation fall within budget function 300 (natural resources 
and environment).

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

Spending Under Current Law:
    Estimated Authorization Level \1\.....................       12       12       12       12        2        0
    Estimated Outlays.....................................       12       12       12       12        6        1
Proposed Changes:
    Estimated Authorization Level.........................    (\2\)        0        0        0       10       12
    Estimated Outlays.....................................    (\2\)        0        0        0        6       11
Spending Under S. 1211:
    Estimated Authorization Level \1\.....................       12       12       12       12       12       12
    Estimated Outlays.....................................       12       12       12       12       12       12
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for the Colorado River salinity control program for that year. The
  estimated levels for fiscal years 2001 through 2004 represent the use of the remaining authorization under
  current law.
\2\ Less than $500,000.

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1211 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State and local governments might incur some 
costs to match the federal funds authorized by this 
legislation, but these costs would be voluntary.
    Previous CBO estimate: On October 5, 1999, CBO transmitted 
a cost estimate for S. 1211 as ordered reported by the Senate 
Committee on Energy and Natural Resources on September 22, 
1999. The two versions of the legislation are nearly identical, 
and the cost estimates are the same, except CBO's estimate for 
the Senate version only included estimated spending for fiscal 
years 2000 through 2004.
    Estimate prepared by: Federal Costs: Rachel Applebaum; 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller; Impact on the Private Sector: Natalie Tawil.
    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 XII 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 208 OF THE COLORADO RIVER BASIN SALINITY CONTROL ACT

    Sec. 208. (a) * * *

           *       *       *       *       *       *       *

    (c) In addition to the amounts authorized to be 
appropriated under subsection (b), there are authorized to be 
appropriated [$75,000,000 for subsection 202(a)] $175,000,000 
for section 202(a), including constructing the works described 
in [paragraph 202(a)(6)] paragraph (6) of section 202(a) and 
carrying out the measures described in such paragraph. 
Notwithstanding subsection (b), the Secretary may implement the 
program under [paragraph] section 202(a)(6) only to the extent 
and in such amounts as are provided in advance in 
appropriations Acts.

                                
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