[House Report 109-432]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-432

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GLENDO UNIT OF THE MISSOURI RIVER BASIN PROJECT CONTRACT EXTENSION 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. 4080]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4080) to extend the contract for the Glendo Unit of the 
Missouri River Basin Project in the State of Wyoming, 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. 4080 is to extend the contract for the 
Glendo Unit of the Missouri River Basin Project in the State of 
Wyoming.

                  Background and Need for Legislation

    The multi-purpose Glendo Unit is part of the Bureau of 
Reclamation's Pick-Sloan Missouri River Basin Program and 
consists of dams, reservoirs, and powerplants. Located on the 
North Platte River in eastern Wyoming, Glendo provides 
irrigation water, power generation, flood control, fish and 
wildlife enhancement, and recreational benefits. Glendo is one 
of seven Reclamation dams on the North Platte River that is 
being evaluated by the U.S. Fish and Wildlife Service (FWS) for 
critical habitat designation and water flows related to four 
threatened and endangered species: the whooping crane, piping 
plover, least tern, and pallid sturgeon. While the FWS 
evaluates Glendo and the other dams, water service contracts 
and repayment contracts between Reclamation and Glendo water 
contractors are pending renewal. Since these contract renewals 
may change water flows impacting the four endangered species, 
the Glendo renewals have not taken place because of these 
evaluations.
    Due to this ongoing uncertainty, Glendo water contractors 
sought legislative contract extensions in the 108th Congress. 
This effort culminated in Public Law 108-137, which extended 
the current nine Glendo contracts until December 31, 2005. 
Although progress has been made over the last two years between 
the States of Colorado, Wyoming and Nebraska and the Department 
of the Interior on Platte River endangered species protections, 
a final species protection plan has yet to be completed. 
According to federal agency officials, a plan is expected to be 
completed sometime in 2006; however completion will not occur 
before the start of the irrigation water year beginning in 
spring 2006. For this reason, a two-year legislative contract 
extension is once again being sought. This contract extension 
would allow for continued water service during the ongoing 
environmental regulatory process while providing sufficient 
time to negotiate new water service and repayment contracts 
once water flows and other actions related to specific 
endangered species protections are determined.

                            Committee Action

    H.R. 4080 was introduced on October 19, 2005, by 
Congresswoman Barbara Cubin (R-WY). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On February 8, 2006, 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 
``Glendo Unit of the Missouri River Basin Project Contract 
Extension Act of 2005.''

Section 2. Glendo Unit of the Missouri River Basin Contract Extension

    This section amends section 2 of the Irrigation Project 
Contract Extension Act of 1998 (Public Law 105-293) by 
extending the nine water service and repayment contracts 
between the Secretary of the Interior and the Glendo Unit water 
contractors until December 31, 2007.

            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. 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. 4080--Glendo Unit of the Missouri River Basin Project Contract 
        Extension Act of 2005

    H.R. 4080 would extend--for up to two years--contracts 
between the Bureau of Reclamation and purchasers of irrigation 
water in Wyoming and Nebraska that receive water from the 
Glendo Reservoir. The existing contracts expired on December 
31, 2005, and the bureau negotiated a temporary contract 
through April 30, 2006. Any costs associated with the temporary 
contracts are paid by the local water contractors. Under 
current law, the Secretary of the Interior can renew these 
contracts annually, but they require the Secretary to prepare 
an environmental impact statement and carry out mitigation 
efforts. Under H.R. 4080, the bureau would avoid the costs 
associated with annual renewals.
    CBO estimates that enacting H.R. 4080 would have no 
significant impact on the federal budget. Based on information 
provided by the Bureau of Reclamation, CBO estimates that 
enacting H.R. 4080 would allow the bureau to avoid costs of 
less than $500,000 in 2006 and smaller amounts in future years. 
Those costs are subject to the availability of appropriated 
funds, but the agency is reimbursed by individuals contracting 
for water, and the reimbursements are deposited in the Treasury 
as offsetting receipts (a form of direct spending). The 
potential loss of offsetting receipts would match the potential 
reduction in spending subject to appropriation, and we estimate 
that both would be insignificant.
    H.R. 4080 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 water purchasers 
(generally government entities) affected by this bill because 
it would allow them to avoid the costs of annual renewals.
    The CBO staff contacts are Julie Middleton (for federal 
costs), and Lisa Ramirez-Branum (for the impact on state and 
local governments). 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 2 OF THE IRRIGATION PROJECT CONTRACT EXTENSION ACT OF 1998

SEC. 2. EXTENSION OF CONTRACTS.

    (a) In General.--The Secretary of the Interior shall extend 
each of the water service or repayment contracts for the Glendo 
Unit of the Missouri River Basin Project identified in 
subsection (c) until December 31, [2005] 2007.
    (b) Extensions Coterminous With Cooperative Agreement.--If 
the cooperative agreement entitled ``Cooperative Agreement for 
Platte River Research and other Efforts Relating to Endangered 
Species Habitats Along the Central Platte River, Nebraska'', 
entered into by the Governors of the States of Wyoming, 
Nebraska, and Colorado and the Secretary of the Interior, is 
extended for a term beyond December 31, 2000, the contracts 
identified in subsection (c) shall be extended for the same 
term, but not to go beyond December 31, [2005] 2007. If the 
cooperative agreement terminates before December 31, [2005] 
2007, the contracts identified in subsection (c) shall be 
subject to renewal on the date that the cooperative agreement 
terminates.

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