[House Report 107-638]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-638

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   BURNT, MALHEUR, OWYHEE, AND POWDER RIVER BASIN WATER OPTIMIZATION 
                     FEASIBILITY STUDY ACT OF 2001

                                _______
                                

 September 4, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 238]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
238) 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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 238, is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    Watershed 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 areas 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.

                            COMMITTEE ACTION

    S. 238 was referred to the Committee on Resources on 
September 5, 2001 and within the Committee to the Subcommittee 
on Water and Power. On July 10, 2002, the Full Resources 
Committee met to consider the bill. By unanimous consent the 
Subcommittee was discharged from further consideration of the 
bill. The bill was then ordered favorably reported to the House 
of Representatives, without amendment, by unanimous consent.

            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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.
    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, July 18, 2002.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 283, the Burnt, 
Malheur, Owyhee, and Powder River Basin Water Optimization 
Feasibility Study Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 238--Burnt, Malheur, Owyhee, and Powder River Basin Water 
        Optimization Feasibility Study Act of 2001

    S. 238 would direct the Secretary of the Interior to 
conduct feasibility studies for optimizing water use in the 
Burnt 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.
    CBO estimates these studies would cost about $1.3 million. 
Based on information from the Bureau of Reclamation, however, 
CBO expects the federal government would share this cost with 
the State of Oregon, local counties, and certain irrigation 
districts. Assuming appropriation of the necessary funds, CBO 
estimates that implementing S. 238 would cost about $650,000 
over the 2003-07 period. S. 238 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.
    On May 22, 2001, CBO transmitted a cost estimate for S. 
238, Burnt, Malheur, Owyhee, and Powder River Basin Water 
Optimization Feasibility Study Act of 2001, as ordered reported 
by the Senate Committee on Energy and Natural Resources on May 
16, 2001. On March 1, 2002, CBO transmitted a cost estimate for 
H.R. 1883, Burnt, Malheur, Owyhee, and Powder River Basin Water 
Optimization Feasibility Study Act of 2001, as ordered reported 
by the House Committee on Resources on February 27, 2001.
    All three versions of this legislation are identical, 
except for minor wording differences. Based on new information 
from the Bureau of Reclamation, however, CBO increased its 
estimate of federal costs from $250,000 to $650,000 for 
completing the feasibility studies outlined in H.R. 1883 and S. 
238 as ordered reported by the House Committee on Resources.
    The CBO staff contact for this estimate is Julie Middleton. 
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

    If enacted, this bill would make no changes in existing 
law.

                                
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