[Senate Report 106-454]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 900
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-454

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   BURNT, MALHEUR, OWYHEE, AND POWDER RIVER BASIN WATER OPTIMIZATION 
                     FEASIBILITY STUDY ACT OF 2000

                                _______
                                

October 2 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2877]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2877) to authorize the Secretary of the 
Interior to conduct a feasibility study on water optimization 
in the Burnt River basin, Malheur River basin, Owyhee River 
basin, and Powder River basin, Oregon, having considered the 
same, reports favorably thereon with an amendment and an 
amendment to the title and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. In section 2, strike ``a feasibility study'' and insert 
``feasibility studies''.
    2. Amend the title so as to read: ``To authorize the 
Secretary of the Interior to conduct feasibility studies on 
water optimization in the Burnt River basin, Malheur River 
basin, Owyhee River basin, and Powder River basin, Oregon.''

                         Purpose of the Measure

    The purpose of S. 2877 is to authorize the Secretary of the 
Interior to conduct feasibility studies on water optimization 
in the Burnt, Malheur, Owyhee, and Powder River basins, in 
northeastern Oregon.

                          Background and Need

    Watershed Councils (Councils) in the Malheur, Owyhee, 
Powder, and Burnt River basins bring together local farmers, 
ranchers, and other landowners; organized agricultural, 
industrial, environmental interests; and resource management 
agencies to develop action plans to implement measures that 
will improve the health of streams and make improvements to the 
overall environment of the ares while maintaining a viable 
economy.
    Multi-purpose irrigation facilities located in the Malheur, 
Owyhee, Powder, and Burnt River basins were developed by the 
Bureau of Reclamation but are now operated by the local water 
users. Reclamation is involved with the Councils in these 
basins to help develop, review, and update action plans; 
perform construction design and survey work; conduct 
congressionally authorized feasibility analysis for structural 
action plan items; and participate in public involvement 
activities.
    The Councils are interested in involving Reclamation with 
small-scale construction projects to address resource 
management issues they tackle on a regular basis. Congressional 
authorization is necessary for Reclamation to participate and 
develop the feasibility reports necessary to submit to Congress 
for any work that would require construction authorization for 
federal assistance with these projects.

                          Legislative History

    S. 2877 was introduced by Senator Wyden on July 14, 2000. 
The Subcommittee on Water and Power held a hearing on the bill 
on July 25, 2000. At the business meeting on September 20, 
2000, the Committee on Energy and Natural Resources ordered S. 
2877, as amended, favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 20, 2000, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
2877, if amended as described herein.

                          Committee Amendments

    During the consideration of S. 2877, the Committee adopted 
a clarifying amendment that changed ``feasibility study'' to 
``feasibility studies'', and an amendment to the title.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 28, 2000.
Honorable Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2877, the Burnt, 
Malheur, Owyhee, and Powder River Basin Water Optimization 
Feasibility Study Act of 2000.
    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. 2877--Burnt, Malheur, Owyhee, and Powder River Basin Water 
        Optimization Feasibility Study Act of 2000

    S. 2877 would direct the Secretary of the Interior to 
conduct feasibility studies for optimizing water use in the 
Blunt River, Malheur River, Owyhee River, and Powder River 
basins in Oregon. The bill would authorize the appropriation of 
funds necessary to complete those feasibility studies. Assuming 
the appropriation of the necessary amounts, CBO estimates that 
implementing S. 2877 would cost about $250,000 in fiscal year 
2001.
    S. 2877 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 impose no 
costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Rachel 
Applebaum. This estimate was approved by Robert A. Sunshine, 
Assistant Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2877. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2877, as ordered reported.

                        executive communications

    On August 4, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2877. These 
reports had not been received at the time the report on S. 2877 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
Commissioner of the Bureau of Reclamation at the Subcommittee 
hearing follows:

    Statement of Larry Todd, Acting Director, Operations, Bureau of 
                Reclamation, Department of the Interior

    Thank you for the opportunity to present the 
Administration's views on S. 2877, a bill that would authorize 
the Secretary of the Interior to conduct a water optimization 
feasibility study for the Burnt, Malheur, Owyhee and Powder 
River Basins. The Administration could support the bill if 
amended to limit to 50 percent the Federal government's cost 
share for the study. In addition, Section 3 should be amended 
to authorize a total of $250,000 in appropriations.
    Multi-purpose irrigation facilities located in the Malheur, 
Owyhee, Powder, and Burnt River Basins were developed by the 
Bureau of Reclamation but are now operated by the local water 
users. These four river basins are experiencing problems 
related to reduced water quality and quantity, endangered bull 
trout, excess nutrients and sediment in surface water, degraded 
fish habitat, high water temperatures, dewatered stream 
segments, inadequate fish screens, and fish passage barriers, 
among other problems.
    In each of the four river basins, local watershed councils 
bring together local farmers, ranchers, and other landowners; 
organized agricultural, industrial, and environmental 
interests; and State and Federal resource management agencies 
to develop plans and implement measures to improve the health 
of streams and make improvements to the overall environment in 
the basins. Reclamation is assisting the watershed councils to 
develop such plans, and Congressional authorization is needed 
for Reclamation to conduct the feasibility studies for any work 
that would require construction authorization.
    We also recommend a technical amendment to Section 2, 
striking ``a feasibility study'' and inserting ``feasibility 
studies''.
    Thank you for holding this hearing. I would be pleased to 
answer any questions.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2877, as 
ordered reported.

                                  
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