[House Report 110-814]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-814

======================================================================



 
TO REDESIGNATE THE RIO GRANDE AMERICAN CANAL IN EL PASO, TEXAS, AS THE 
                      ``TRAVIS C. JOHNSON CANAL''

                                _______
                                

 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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 6041]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 6041) to redesignate the Rio Grande American Canal 
in El Paso, Texas, as the ``Travis C. Johnson Canal'', 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. 6041 is to redesignate the Rio Grande 
American Canal in El Paso, Texas, as the ``Travis C. Johnson 
Canal.''

                  BACKGROUND AND NEED FOR LEGISLATION

    Part of the larger Rio Grande Project, the American 
Diversion Dam is located two miles northwest of El Paso and 
immediately above the point where the Rio Grande River becomes 
the international boundary line. The American Diversion Dam 
diverts irrigation water from the Rio Grande River to El Paso 
Valley. It is operated by the American Section of the 
International Boundary and Water Commission to regulate 
delivery of water to Mexico in accordance with treaty 
provisions. The American Canal is connected with the American 
Diversion Dam and carries water 2.1 miles from the dam to the 
head of Franklin Canal.
    The construction of the American Canal led to the 
resolution of a longstanding dispute between the United States 
and Mexico over water rights under the Treaty of 1906. At issue 
was the pumping of water by Mexican citizens from the Rio 
Grande in a location considered to be exclusive property of the 
United States. As an attorney representing agricultural 
interests along the Rio Grande, Mr. Travis C. Johnson was 
instrumental in drafting the authorizing legislation for the 
American Canal and working towards the enactment of the 
legislation. H.R. 6041 would name the portion the Rio Grande 
Canal in El Paso, Texas after Mr. Johnson.

                            COMMITTEE ACTION

    H.R. 6041 was introduced on May 13, 2008 by Representative 
Silvestre Reyes (D-TX). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Water and Power.
    Identical legislation was introduced in the 108th and 109th 
Congresses and was the subject of a Water and Power 
Subcommittee hearing in the 109th Congress on December 7, 2005. 
At the time of the hearing, support for the legislation 
included the President of the El Paso County Water Improvement 
District, the President's Committee on the Arts and Humanities, 
the Texas Commission on Environmental Quality, and the Chairman 
and President of Wells Fargo.
    On June 25, 2008, the Subcommittee was discharged from 
further consideration of H.R. 6041 and the Full Natural 
Resources Committee met to consider the bill. H.R. 6041 was 
ordered favorably reported to the House of Representatives by 
voice vote.

            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 redesignate the Rio Grande 
American Canal in El Paso, Texas, as the ``Travis C. Johnson 
Canal.''
    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. 6041--A bill to redesignate the Rio Grande American Canal in El 
        Paso, Texas, as the ``Travis C. Johnson Canal''

    H.R. 6041 would rename the Rio Grande American Canal in 
Texas. CBO estimates that implementing the bill would have no 
significant effect on discretionary spending because revising 
federal maps and signs to reflect the new name would be done in 
conjunction with scheduled reprinting and other routine 
maintenance. Enacting the bill would have no effect on direct 
spending or revenues.
    The bill 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.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 6041 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.

                            DISSENTING VIEWS

    We oppose H.R. 6041, which re-designates the Rio Grande 
American Canal near El Paso, Texas as the Travis C. Johnson 
Canal. In testimony before the House Water and Power 
Subcommittee in the last Congress, Mr. Johnson was described as 
the ``principal author'' of legislation authorizing the Rio 
Grande American Canal. However, it was also acknowledged at 
this hearing that it would be a precedent setting move to name 
a canal or other facility for a non-Member of Congress who is 
still living. Although it is clear that Mr. Johnson may have 
the qualifications to have the canal named for him, this 
Committee has a long history of only naming such facilities for 
non-Members of Congress posthumously.
    This bill is premature not only for that reason, but also 
because it circumvented regular order. At the start of this 
Congress, the Majority indicated that all bills would proceed 
by regular order. The Committee's consideration of this bill 
ignores this pledge. Even though this bill has been introduced 
in the last three Congresses, the Majority seems to be in an 
extraordinary rush to avoid regular order for some unknown 
reason.
    We also would like to note that since H.R. 6041's 
introduction, eight members have withdrawn their cosponsorship. 
This signals that something may not be right with this bill and 
further scrutiny may be warranted.

                                   Jeff Flake.
                                   Bill Sali.

                                  
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