[Senate Report 108-289]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 604
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-289
======================================================================

 
 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

                                _______
                                

                 June 25, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3209]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, reports favorably thereon without amendment and 
recommends that the Act do pass.

                                Purpose

    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

    The North Loup division is operated by the Twin Loups 
Reclamation District and the Twin Loups Irrigation District. 
Pursuant to the authorizing legislation, the North Loup 
Division is to provide irrigation water for 53,000 acres of 
land. However, the Administration has testified that there is 
no practical method of final project development that results 
in exactly 53,000 acres. According to the proponents of the 
legislation, conflicting Federal and State statutes for 
reporting irrigable service areas, conversion of irrigated 
ground to right-of-ways, and conservation programs and habitat 
easements make it impractical to cite an exact irrigated 
acreage. Moreover, future road construction and other 
development will necessitate further adjustments. This bill 
allows for more flexibility in determining the amount of 
irrigated acreage.

                          Legislative History

    H.R. 3209 was introduced by Representative Osborne (R-NE) 
on September 30, 2003, and referred to the House Committee on 
Resources. The Resources Committee discharged the bill on 
November 17, 2003, and the House passed it under suspension on 
the same day. On November 18, 2003, H.R. 3209 was received in 
the Senate and referred to the Committee on Energy and Natural 
Resources. S. 2304, the companion measure to this bill, was 
introduced by Senator Hagel on April 8, 2004, and referred to 
the Committee on Energy and Natural Resources. A hearing on 
both H.R. 3209 and S. 2304 was conducted by the Water and Power 
Subcommittee on May 19, 2004. The Energy and Natural Resources 
Committee, on June 16, 2004, by a unanimous vote of a quorum 
present, favorably reported H.R. 3209.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on June 16, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
3209.

                      Section-by-Section Analysis

    Section 1 modifies the purposes of the North Loup Division 
of the Pick-Sloan Missouri River Basin project to state that 
the North Loup Division is to provide irrigation water for 
``approximately'' 53,000 acres of land. The insertion of the 
word ``approximately'' is to provide some flexibility in the 
amount of acres that may be irrigated. However, the Committee 
expects that any deviation from 53,000 acres will be in keeping 
with the meaning of the term ``approximately,'' which according 
to Black's Law Dictionary means ``more or less, but about and 
near the amount, quantity, or distance specified[;] * * * very 
nearly, but not absolutely.''

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 18, 2004.
Hon. Pete V. Domenici,
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 H.R. 3209, an act 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 Julie 
Middleton.
            Sincerely,
                                     Elizabeth M. Robinson,
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3209--An act 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 
53,000 acres as stated in current law. CBO estimates that 
implementing the act would have no effect on federal spending 
because implementing the act 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.
    On November 6, 2003, CBO transmitted a cost estimate for 
H.R. 3209 as ordered reported by the House Committee on 
Resources on October 29, 2003. The two versions of the 
legislation are identical, as are our cost estimates.
    The CBO staff contact for this estimate is Julie Middleton. 
This estimate was approved by Peter H. Fontaine, Deputy 
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 H.R. 3209. The Act is not a regulatory measure in 
the sense of imposing government-established standards or 
significant responsibilities 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 H.R. 3209.

                        Executive Communications

    On June 16, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior setting forth executive views on H.R. 3209. This 
report had not been received at the time the report on H.R. 
3209 was filed. When the report becomes available, the Chairman 
will request that it be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Bureau 
of Reclamation at the Subcommittee hearing follows:

     Statement of John W. Keys, III, Commissioner, U.S. Bureau of 
                Reclamation, Department of the Interior

    My name is John W. Keys III. I am Commissioner of the 
Bureau of Reclamation. I am pleased to present the views of the 
Department of the Interior on S. 2304 and H.R. 3209.
    S. 2304 and H.R. 3209 would amend Title V, Section 501 of 
Public Law 92-514 known as the Reclamation Project 
Authorization Act of 1972. The original Act provided for the 
reauthorization of the North Loup Division of the Pick-Sloan 
Missouri Basin Program. The North Loup Division was to provide 
irrigation water for 53,000 acres of land. S. 2304 and H.R. 
3209 would amend that authorization to ``approximately 53,000 
acres''.
    There is no practical method of final project development 
that results in exactly 53,000 acres. The number of acres under 
irrigation is subject to change due to factors such as 
continuing project development and land use changes. The 
passage of S. 2304 and H.R. 3209 which amends the current 
reauthorizing language by striking ``fifty-three thousand 
acres'' and inserting ``approximately 53,000 acres'' would 
provide for authorization of minor acreage changes to allow for 
practical and economical project development in light of 
current and future circumstances.
    Mr. Chairman, the Department supports S. 2304 and H.R. 
3209. Again, thank you for the opportunity to appear before you 
today. That concludes my statement. 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, changes in existing law made by 
H.R. 3209, as ordered 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


Public Law 92-514; 86 Stat. 964

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   TITLE V--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.

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