[House Report 110-813]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-813
======================================================================
JACKSON GULCH REHABILITATION ACT OF 2008
_______
July 31, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3437]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3437) to authorize the Secretary of the Interior to
carry out the Jackson Gulch rehabilitation project in the State
of Colorado, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackson Gulch Rehabilitation Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assessment.--The term ``assessment'' means the
engineering document that is--
(A) entitled ``Jackson Gulch Inlet Canal Project,
Jackson Gulch Outlet Canal Project, Jackson Gulch
Operations Facilities Project: Condition Assessment and
Recommendations for Rehabilitation'';
(B) dated February 2004; and
(C) on file with the Bureau of Reclamation.
(2) District.--The term ``District'' means the Mancos Water
Conservancy District established under the Water Conservancy
Act (Colo. Rev. Stat. 37-45-101 et seq.).
(3) Project.--The term ``Project'' means the Jackson Gulch
rehabilitation project, a program for the rehabilitation of the
Jackson Gulch Canal system and other infrastructure in the
State, as described in the assessment.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(5) State.--The term ``State'' means the State of Colorado.
SEC. 3. AUTHORIZATION OF JACKSON GULCH REHABILITATION PROJECT.
(a) In General.--Subject to the reimbursement requirement described
in subsection (c), the Secretary shall pay the Federal share of the
total cost of carrying out the Project.
(b) Use of Existing Information.--In preparing any studies relating
to the Project, the Secretary shall, to the maximum extent practicable,
use existing studies, including engineering and resource information
provided by, or at the direction of--
(1) Federal, State, or local agencies; and
(2) the District.
(c) Reimbursement Requirement.--
(1) Amount.--The Secretary shall recover from the District as
reimbursable expenses the lesser of--
(A) the amount equal to 35 percent of the cost of the
Project; or
(B) $2,900,000.
(2) Manner.--The Secretary shall recover reimbursable
expenses under paragraph (1)--
(A) in a manner agreed to by the Secretary and the
District;
(B) over a period of 15 years; and
(C) with no interest.
(3) Credit.--In determining the exact amount of reimburseable
expenses to be recovered from the District, the Secretary shall
credit the District for any amounts it paid before the date of
the enactment of this Act for engineering work and improvements
directly associated with the Project.
(d) Prohibition on Operation and Maintenance Costs.--The District
shall be responsible for the operation and maintenance of any facility
constructed or rehabilitated under this Act.
(e) Liability.--The United States shall not be liable for damages of
any kind arising out of any act, omission, or occurrence relating to a
facility rehabilitated or constructed under this Act.
(f) Effect.--An activity provided Federal funding under this Act
shall not be considered a supplemental or additional benefit under--
(1) the reclamation laws; or
(2) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to pay the Federal share of the total
cost of carrying out the Project $8,250,000.
PURPOSE OF THE BILL
The purpose of H.R. 3437 is to authorize the Secretary of
the Interior to carry out the Jackson Gulch rehabilitation
project in the State of Colorado.
BACKGROUND AND NEED FOR LEGISLATION
Completed in 1950, the Mancos Project canal delivers water
from Jackson Gulch Dam to residents, farms, and businesses in
Montezuma County, Colorado. The Mancos Project and the Jackson
Gulch Dam provide supplemental agricultural water for about
8,650 irrigated acres and a domestic water supply for Mesa
Verde National Park. The Mancos Project also delivers water to
the more than 500 members of the Mancos Rural Water Company, as
well as the town of Mancos. The project can additionally
furnish a supplemental water supply to 13,746 acres of
irrigated land. After almost 60 years, however, the project has
outlived its expected life and is in need of rehabilitation.
Catastrophic failure of the project could result in a
shutting off of water to Mesa Verde National Park. The town of
Mancos would suffer a severe municipal water shortage, and
there would be some loss of crop production. The Mancos Water
Conservancy District has obtained a loan from the Colorado
Water Conservation Board, which, combined with a recent levy
increase, will supply the state and local share of the project
rehabilitation costs.
Initially, the Mancos Water Conservancy District paid the
Bureau of Reclamation (BOR) in advance for Operation and
Maintenance (O&M) for project facilities. In 1963, BOR
transferred O&M responsibilities to the District, but title to
project facilities remains with the United States. The Project
facilities have been inspected annually by BOR. Major
rehabilitation is needed on the inlet and outlet canals and
associated structures. In 2000, BOR recommended major
rehabilitation be completed within the next five years. The
District has now completed a study and plan that define the
magnitude of rehabilitation needed on Project facilities.
COMMITTEE ACTION
H.R. 3437 was introduced on August 3, 2007 by Rep. John
Salazar (D-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water and Power. On October 24, 2007, the Subcommittee held
a hearing on the bill.
The Subcommittee met to mark up the bill on July 15, 2008.
Chairwoman Grace Napolitano (D-CA) offered an amendment in the
nature of a substitute to increase the authorization for the
total cost of the rehabilitation project to $8.25 million, and
to require the Mancos Water Conservancy District to reimburse
the federal government over the next 15 years either $2.9
million or 35 percent of this cost, whichever is lower. The
bill, as amended, was adopted by unanimous consent and
forwarded to the Full Committee. On July 16, 2008, the Full
Natural Resources Committee met to consider the bill. H.R.
2535, as amended, was favorably reported to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Jackson Gulch Rehabilitation Act of 2008.''
Section 2. Definitions
Section 2 provides definitions for terms used in the
legislation.
Section 3. Authorization of Jackson Gulch Rehabilitation Project
Subsection 3(a) provides that, subject to the reimbursement
requirements laid out in the bill, the Secretary of the
Interior will pay the federal share of the cost of the Project.
Subsection 3(b) states that, in preparing studies for the
Project, the Secretary of the Interior will use existing
studies, engineering, and resource information provided by
federal, state, or local agencies and the Mancos Water
Conservancy District.
Subsection 3(c) sets the terms of reimbursement. The Mancos
Water Conservancy District must reimburse the government for
the lesser of 35 percent of the Project cost or $2,900,000 over
a period of 15 years with no interest. This subsection also
contains a provision that allows the District to receive a
credit for amounts paid for engineering work and improvements
associated with the Project prior to bill enactment.
Subsection 3(d) states that all operation and maintenance
costs of the Project's construction and rehabilitation under
this Act are the responsibility of the Mancos Water Conservancy
District.
Subsection 3(e) limits the liability of the United States
for damages relating to facility rehabilitation or construction
under this Act.
Subsection 3(f) states that activities under this Act are
not to be considered a supplemental or additional benefit under
reclamation laws or the Act of August 11, 1939.
Subsection 3(g) authorizes the Secretary of the Interior to
spend $8,250,000 on the rehabilitation of the Project.
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 Natural 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 authorize the Secretary of the
Interior to carry out the Jackson Gulch rehabilitation project
in the State of Colorado.
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. 3437--Jackson Gulch Rehabilitation Act of 2008
Summary: H.R. 3437 would authorize the Secretary of the
Interior to provide funds for the rehabilitation of the Jackson
Gulch Canal system in the state of Colorado. Based on
information from the Bureau of Reclamation and assuming
appropriation of the necessary funds, CBO estimates that
implementing H.R. 3437 would cost around $8 million over the
2009-2013 period.
H.R. 3437 would require the Mancos Water Conservancy
District to reimburse the federal government for 35 percent of
the project cost, less any funds that the district has
contributed to the project under current law. Based on
information from the agency, CBO expects that the district
would reimburse the government approximately $2.5 million over
the 15-year period following completion of the project. Those
funds would be classified as offsetting receipts. If funds were
appropriated for the project, the government would collect this
amount after the project is complete.
H.R. 3437 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3437 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGE IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.............................. 2 2 2 2 0 8
Estimated Outlays.......................................... 1 2 2 2 1 8
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate CBO assumes that H.R.
3437 will be enacted near the beginning of fiscal year 2009 and
that the necessary amounts will be appropriated for each fiscal
year.
H.R. 3437 would authorize the Secretary of the Interior to
provide funds for rehabilitating the Jackson Gulch Canal system
in the state of Colorado. Federal funding for the project could
only be used for designing and implementing the project; no
federal funds could be used for operation and maintenance of
the project. Based on information from the Bureau of
Reclamation and assuming appropriation of the necessary funds,
CBO estimates that implementing H.R. 3437 would cost around $8
million over the 2009-2013 period.
The legislation would require the Mancos Water Conservancy
District--the local water district that oversees the Jackson
Gulch Canal system--to reimburse the federal government for 35
percent of the project cost, less any funds that the district
has contributed to the project under current law. If
appropriations are provided for the project, the government
would later collect a total of $2.5 million in the years
following completion (after 2013).
Intergovernmental and private-sector impact: H.R. 3437
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enactment of this bill would benefit the
Mancos Water Conservancy District. Any costs to the district
would be incurred voluntarily.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3437 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.