[Senate Report 109-190]
[From the U.S. Government Publishing Office]
Calendar No. 309
109th Congress Report
SENATE
1st Session 109-190
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RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991
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December 8, 2005.--Ordered to be printed
Filed under authority of the order of the Senate of November 18, 2005
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Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 648]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 648) to amend the Reclamation States
Emergency Drought Relief Act of 1991 to extend the authority
for drought assistance, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of Measure
The purpose of S. 648 is to amend the Reclamation States
Emergency Drought Relief Act of 1991 to extend the authority
for drought assistance.
Background and Need
The Reclamation States Emergency Drought Relief Act of 1991
(Public Law 102-250), as amended (Drought Act), authorizes the
Bureau of Reclamation (Bureau or Reclamation) to undertake
drought relief measures through emergency assistance (Title I)
and planning activities (Title II). Title I is a temporary
authority that expired September 30, 2005. S. 648 amends the
Drought Act to extend the Title I authority until September 30,
2010.
Title I of the Drought Act provides authority for
construction, management, and conservation measures to address
drought impacts, including the mitigation of fish and wildlife
impacts. With the exception of permanent well construction,
only temporary construction activities are authorized. Title I
also authorizes temporary contracts to make project and non-
project water available and to allow Reclamation facilities to
be used for storage and conveyance purposes. The Drought Act
provides for both reimbursable and non-reimbursable activities
although all activities to date have been non-reimbursable.
Pursuant to the Drought Act, the Bureau is authorized to make
loans to water users for mitigating damages caused by drought.
The 17 Reclamation States and Hawaii, as well as tribes within
those states, are eligible for this assistance.
Legislative History
S. 648 was introduced by Senator Smith on March 17, 2005,
and referred to the Committee on Energy and Natural Resources.
The Water and Power Subcommittee held a hearing on S. 648 on
July 12, 2005 (S.Hrg. 109-138). At the business meeting on
November 16, 2005, the Committee on Energy and Natural
Resources ordered S. 648 favorably reported without amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 16, 2005, by unanimous voice vote
of a quorum present, recommends that the Senate pass S. 648.
Section-by-Section Analysis
Section 1 extends the authorization of the Reclamation
States Emergency Drought Relief Act of 1991 through September
30, 2010.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
December 1, 2005.
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 S. 648, a bill to amend
the Reclamation States Emergency Drought Relief Act of 1991 to
extend the authority for drought assistance.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 648--A bill to amend the Reclamation States Emergency Drought Relief
Act of 1991 to extend the authority for drought assistance
Summary: The Bureau of Reclamation undertakes construction,
water management, and water conservation activities to
alleviate damages caused by drought in certain states. Under
current law, the authority to provide such assistance ended on
September 30, 2005. S. 648 would extend that authority through
September 30, 2010.
Assuming appropriation of amounts necessary to provide the
drought assistance authorized by S. 648, CBO estimates that
implementing the bill would cost $18 million over the 2006-2010
period and another $2 million after 2010. Enacting S. 648 would
not affect direct spending or revenues.
S. 648 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would benefit states and local and tribal governments
that qualify for reclamation assistance by extending the
legislative authority that provides them such drought aid. Any
costs incurred by governmental entities would result from
complying with conditions for receiving federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 648 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
--------------------------------------------
2006 2007 2008 2009 2010
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level...................................... 4 4 4 4 4
Estimated outlays.................................................. 3 3 4 4 4
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Basis of estimate: For this estimate, CBO assumes S. 648
will be enacted in fiscal year 2006 and that the necessary
amounts will be appropriated for each year. Estimates of
outlays are based on historical spending patterns for this
activity.
The Reclamation States Emergency Drought Relief Act of 1991
provided the Bureau of Reclamation the authority to mitigate
damages caused by drought in certain states by undertaking
construction, water management, and water conservation
activities. Since that time, the Congress has provided almost
$70 million for those activities (an average of about $4
million per year over the past 16 years).
S. 648 would extend the authority provided under the 1991
act over the 2006-2010 period. Because we cannot predict the
timing or severity of droughts, CBO assumes for this estimate,
that the need to undertake drought relief over the next five
years will continue at the same rate as the average need over
the past 16 years. CBO estimates, therefore, that implementing
S. 648 would cost about $4 million each year over the 2006-2010
period.
Intergovernmental and private-sector impact: S. 648
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit certain states and
local and tribal governments within those states by extending
the legislative authority that provides them drought aid. Any
costs incurred by governmental entities would result from
complying with conditions for receiving federal assistance.
Estimate prepared by: Federal costs: Rachel Milberg; impact
on state, local, and tribal governments: Lisa Ramirez-Branum;
impact on the private sector: Craig Cammarata.
Estimate 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 S. 648.
The bill 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 S. 648.
Executive Communications
The testimony provided by the Department of the Interior at
the Subcommittee hearing on S. 648 follows:
Statement of John W. Keys III, Commissioner, U.S. Bureau of
Reclamation, Department of the Interior
Madam Chairman, I am John W. Keys, Commissioner of the
Bureau of Reclamation (Reclamation). I am pleased to appear for
the Department in support of S. 648 which extends Title I of
the Reclamation States Emergency Drought Relief Act of 1991
until the year 2010.
Title I provides authority for construction, management,
and conservation measures to alleviate the adverse impacts of
drought, including mitigation of fish and wildlife impacts.
However, wells are the only permanent construction authorized
under the Act. All other Title I work must be of a temporary
nature. No new Reclamation projects are authorized under Title
I; Reclamation does not own, operate, or maintain projects
funded under it. S. 648 would simply extend the expiration
date. The $90 million ceiling in the law, initially authorized
in 1991, is adequate for the foreseeable future.
Title I also provides Reclamation with the flexibility to
meet contractual water deliveries by allowing acquisition of
water to meet requirements under the Endangered Species Act,
benefiting contractors at a time when they are financially
challenged. Additionally, Title I authorizes Reclamation to
participate in water banks established under state law;
facilitate water acquisitions between willing buyers and
willing sellers; acquire conserved water for use under
temporary contracts; make facilities available for storage and
conveyance of project and non-project water; make project and
non-project water available for non-project uses; and, acquire
water for fish and wildlife purposes on a non-reimbursable
basis.
Title I often helps smaller, financially-strapped entities
(towns, counties, tribes) that do not have the financial
capability to deal with the impacts of drought. In many cases,
Reclamation is the ``last resort'' for these communities.
The Bureau of Reclamation has a long history of effective
and responsive water management in good times and bad. While we
consider ideas to make drought relief even more effective
through improved interagency cooperation and other changes, we
recognize that the reauthorization of Title I is necessary. S.
648 allows Reclamation the flexibility to continue delivering
water to meet authorized project purposes, meet environmental
requirements, respect state water rights, work with all
stakeholders, and to provide leadership, innovation, and
assistance. This is why Reclamation supports S. 648.
This concludes my statement. I am 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
the bill S. 648, 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):
Reclamation States Emergency Drought Relief Act of 1991
(43 U.S.C. 2214, as amended)
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SEC. 2214. APPLICABLE PERIOD OF DROUGHT PROGRAM.
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(c) Termination of Authority.--The authorities established
under this title shall terminate on [September 30, 2005]
September 30, 2010.
* * * * * * *