[House Report 108-356]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-356

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 AMENDING THE RECLAMATION PROJECT AUTHORIZATION ACT OF 1972 TO CLARIFY 
THE ACREAGE FOR WHICH THE NORTH LOUP DIVISION IS AUTHORIZED TO PROVIDE 
        IRRIGATION WATER UNDER THE MISSOURI RIVER BASIN PROJECT

                                _______
                                

November 7, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3209]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3209) to amend the Reclamation Project Authorization Act 
of 1972 to clarify the acreage for which the North Loup 
division is authorized to provide irrigation water under the 
Missouri River Basin project, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purposes of the Bill

    The purpose of H.R. 3209 is to amend the Reclamation 
Project Authorization Act of 1972 to clarify the acreage for 
which the North Loup Division is authorized to provide 
irrigation water under the Missouri River Basin Project.

                  Background and Need for Legislation

    The Reclamation Project Authorization Act of 1972 
authorized the construction of the North Loup Division of the 
Pick-Sloan Missouri Basin Program, located within the Loup 
River drainage basin in cental Nebraska. The Division is 
operated by the Twin Loups Reclamation District and the Twin 
Loups Irrigation District. The Act authorizes full-service 
irrigation of 53,000 acres. This is a very specific number and 
it has become evident that the Districts can not meet this 
exacting requirement, and at the same time comply with other 
Federal, State, and local requirements.
    Water service contracts and construction repayment 
contracts require the Districts to comply with Federal and 
State statutes, and to comply with Bureau of Reclamation rules 
and regulations consistent with the provisions of the 
contracts. However, Federal and State statutes have different 
requirements for reporting irrigable service area. Given two 
conflicting requirements for designation of acres, it is 
impossible for the Districts to comply with Federal and State 
requirements while simultaneously designating exactly 53,000 
acres, the number of acres stated in the Act.
    Other circumstances, too, that are beyond the control of 
the Districts and the Bureau of Reclamation, are making it 
impossible for the Districts to cite an exact acreage total. 
Construction and condemnation for construction of roads is 
presently occurring within the District that will change 
irrigated ground to State Highway right-of-way. Buffer strips, 
riparian habitat easements, and other conservation program 
requirements have caused adjustments to irrigated areas as 
well. Adjustment of acres in the Districts to a number other 
than 53,000 acres is not a new concept, and is recognized in a 
contract between the United States and the Twin Loups 
Irrigation District.

                            Committee Action

    H.R. 3209 was introduced by Congressman Tom Osborne (R-NE). 
The bill was referred to the Committee on Resources and within 
the Committee to the Subcommittee on Water and Power. On 
October 29, 2003, the Full Resources Committee met to consider 
the bill. The Subcommittee 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.

            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 amend the Reclamation Project 
Authorization Act of 1972 to clarify the acreage for which the 
North Loup Division is authorized to provide irrigation water 
under the Missouri River Basin Project.
    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, November 6, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC 20515
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3209, a bill to 
amend the Reclamation Project Authorization Act of 1972 to 
clarify the acreage for which the North Loup division is 
authorized to provide irrigation water under the Missouri River 
Basin project.
    If you wish further details on this estimate, we will be 
pleased to provide them, the CBO staff contact is Melissa E. 
Zimmerman.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3209--A bill to amend the Reclamation Project Authorization Act of 
        1972 to clarify the acreage for which the North Loup division 
        is authorized to provide irrigation water under the Missouri 
        River Basin project

    H.R. 3209 would amend current law to authorize the North 
Loup division of the Missouri River Basin project to provide 
irrigation water to ``approximately 53,000'' acres instead of 
exactly 53,000 acres. CBO estimates that implementing the bill 
would have no effect on federal spending because implementing 
the bill would not authorize additional spending or modify the 
amounts charged for irrigation water.
    H.R. 3209 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 staff contact for this estimate is Melissa E. 
Zimmerman. 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 501 OF THE RECLAMATION PROJECT AUTHORIZATION ACT OF 1972


    NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA

    Sec. 501. The North Loup division heretofore authorized as 
an integral part of the Missouri River Basin project by section 
9 of the Flood Control Act of December 22, 1944, as amended and 
supplemented, is hereby reauthorized as a unit of that project 
for the purposes of providing irrigation water for [fifty-three 
thousand acres] approximately 53,000 acres of land, enhancement 
of outdoor recreation opportunities, conservation and 
development of fish and wildlife resources, and for other 
purposes. The principal features of the North Loup division 
shall include Calamus and Davis Creek Dams and Reservoirs, Kent 
diversion works; irrigation canals; pumping facilities; 
associated irrigation distribution and drainage works; 
facilities for public outdoor recreation and fish and wildlife 
developments; and other necessary works and facilities to 
effect its purposes.

                                
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