[House Report 109-431]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-431

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        PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2005

                                _______
                                

 April 25, 2006.--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. 3967]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3967) to authorize the Secretary of the Interior to 
reallocate costs of the Pactola Dam and Reservoir, South 
Dakota, to reflect increased demands for municipal, industrial, 
and fish and wildlife purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3967 is to authorize the Secretary of 
the Interior to reallocate costs of the Pactola Dam and 
Reservoir, South Dakota, to reflect increased demands for 
municipal, industrial, and fish and wildlife purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Pactola Dam, located near Rapid City, South Dakota, stores 
water from Rapid Creek and is part of the Pick-Sloan Missouri 
Basin Program. This bill authorizes reallocation of a portion 
of the construction costs of Pactola Dam and Reservoir from 
irrigation purposes to municipal and industrial (M&I) and fish 
and wildlife purposes.
    The effort to reallocate Pactola Dam costs stems from 
population growth around Rapid City, with corresponding 
increases in demand for M&I water and decreases in demand for 
irrigation water. Pactola Dam originally provided water storage 
for flood control, irrigation, and M&I uses. A 40-year water 
service contract between the Bureau of Reclamation and Rapid 
City for M&I water expired in 1991. Water for Rapid City has 
been subsequently provided under annual contracts. A second, 
40-year contract between Reclamation and the Rapid Valley 
Conservancy District for irrigation water expired in 2001. The 
District decided not to renew this contract due to decreased 
irrigation demand and sufficient alternative water sources. 
Since the District no longer needs Pactola water, repayment of 
construction costs originally allocated to irrigation can be 
re-allocated to M&I (for use in Rapid City) and fish and 
wildlife purposes. Under law, Congress must authorize this 
reallocation.

                            COMMITTEE ACTION

    H.R. 3967 was introduced on October 3, 2005, by 
Congresswoman Stephanie Herseth (D-SD). The bill was referred 
to the Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On November 9, 2005, the 
Subcommittee held a hearing on the bill. On March 29, 2006, the 
Full Resources Committee met to consider the bill. The 
Subcommittee on Water and Power 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.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section cites the short title of the bill as the 
``Pactola Reservoir Reallocation Authorization Act of 2005''.

Section 2. Findings

    This section lists the Congressional findings for the 
legislation.

Section 3. Reallocation of costs of Pactola Dam and Reservoir, South 
        Dakota

    This section authorizes the Secretary of the Interior to 
reallocate the construction costs of Pactola Dam and Reservoir, 
Rapid Valley Unit, Pick-Sloan Missouri Basin Program, South 
Dakota, from irrigation purposes to municipal, industrial, and 
fish and wildlife purposes.

            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. According to the Congressional 
Budget Office, enactment of this bill would result in a small 
increase in offsetting receipts to the federal government.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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:

H.R. 3967--Pactola Reservoir Reallocation Authorization Act of 2005

    H.R. 3967 would authorize the Bureau of Reclamation to 
reallocate the recovery of construction costs for Pactola Dam 
and Reservoir from irrigation users to municipal and industrial 
water users and fish and wildlife purposes. This change would 
allow the bureau to provide water to Rapid City, South Dakota, 
under a new contract that would replace expired contracts for 
supplemental irrigation and municipal and industrial water. CBO 
estimates that enacting H.R. 3967 would not have a significant 
effect on the federal budget.
    Enacting this legislation would allow the bureau to enter 
into a new water service contract that would result in a small 
increase in receipts to the federal government, above amounts 
that would be received under existing interim contracts. Based 
on information from the bureau, CBO estimates that increase in 
contract payments would be about $100,000 annually. Such 
payments are recorded in the budget as offsetting receipts (a 
credit against direct spending).
    H.R. 3967 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. 
Enacting this bill would benefit the Rapid Valley Irrigation 
District by reallocating the construction costs of Pactola Dam 
and Reservoir from irrigation purposes to municipal, 
industrial, and fish and wildlife purposes.
    On October 17, 2005, CBO transmitted a cost estimate for S. 
819, the Pactola Reservoir Reallocation Authorization Act of 
2005, as ordered reported by the Senate Committee on Energy and 
Natural Resources on September 28, 2005. The two pieces of 
legislation are identical, as are the 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.

                    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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