[Senate Report 113-73]
[From the U.S. Government Publishing Office]
Calendar No. 130
113th Congress } { Report
SENATE
1st Session } { 113-73
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RECLAMATION STATES EMERGENCY DROUGHT RELIEF EXTENSION
_______
July 15, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 659]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 659) to reauthorize the Reclamation
States Emergency Drought Relief Act of 1991, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
On page 2, strike lines 1 through 6 and insert the
following:
(b) Authorization of Appropriations.--Section 301 of the
Reclamation States Emergency Drought Relief Act of 1991 (43
U.S.C. 2241) is amended by striking ``2012'' and inserting
``2018''.
Purpose
The purpose of S. 659 is to reauthorize the Reclamation
States Emergency Drought Relief Act of 1991.
Background and Need
The Reclamation States Emergency Drought Relief Act
(Drought Relief Act) was authorized in 1991 (43 U.S.C. 2214)
and allows the Bureau of Reclamation (Reclamation) to undertake
activities that would minimize or mitigate drought damages or
losses within the 17 Reclamation States, including Tribes
within those states, and Hawaii. The Drought Relief Act was
amended in 2000 (Public Law 106-566) and reauthorized in 2006
(Public Law 109-234). In 2010, the Drought Relief Act was
extended for an additional two years to 2012 (Public Law 111-
212). Its authority expired last year.
Over 60 percent of the nation experienced some form of
drought during 2012 with many of the Reclamation States being
the hardest hit. Reclamation has provided emergency assistance
and planning assistance to States dealing with the drought
through the Drought Relief Act authority, and since the Drought
Relief Act was originally authorized, appropriations amount to
$74.5 million. S. 659 would reauthorize the Reclamation States
Emergency Drought Relief Act for an additional five years.
Legislative History
S. 659 was introduced by Senator Wyden on March 22, 2013.
The Senate Energy and Natural Resources Committee, Subcommittee
on Water and Power, held a hearing on S. 659 on April 16, 2013.
At its business meeting on May 16, 2013, the Committee ordered
S. 659 favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 659, if
amended as described herein.
Committee Amendment
During its consideration of S. 659, the Committee adopted
an amendment to strike the increase in the authorization of
appropriations.
Section-by-Section Analysis
Section 1 reauthorizes the Reclamation States Emergency
Drought Relief Act of 1991 by amending section 104(c) of the
Act (43 U.S.C. 2214(c)), to delay the termination of authority
from September 30, 2012 to September 30, 2018.
Cost and Budgetary Considerations
The following estimate of costs of S. 659 has been provided
by the Congressional Budget Office:
S. 659--A bill to reauthorize the Reclamation States Emergency Drought
Relief Act of 1991, and for other purposes
Summary: S. 659 would extend the authority of the Secretary
of the Interior, acting through the Bureau of Reclamation, to
assist states, tribes, and local governments with conservation,
management, and construction activities to mitigate the effects
of drought. For the 2005-2012 period, $90 million was
authorized to be appropriated for this program. The Congress
appropriated about $75 million before the authority expired in
2012. S. 659 would extend the authority to appropriate funds
through 2018. CBO assumes that the remaining $15 million would
be appropriated in equal amounts over the next five years.
Based on information from the Bureau of Reclamation, CBO
estimates that implementing the legislation would cost $14
million over the 2014-2018 period. Pay-as-you-go procedures do
not apply to this legislation because it would not affect
direct spending or revenues.
S. 659 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 S. 659 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--
-------------------------------------------------------
2014 2015 2016 2017 2018 2014-2018
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CHANGES IN SPENDING SUBJECT TO APPROPRIATIONS
Estimated Authorization Level........................... 3 3 3 3 3 15
Estimated Outlays....................................... 2 3 3 3 3 14
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Pay-As-You-Go Considerations: None.
Intergovernmental and private-sector impact: S. 659
contains no intergovernmental or private-sector mandates as
defined in UMRA. By extending the legislative authority for the
relief program, the bill would benefit certain states that
undertake activities to mitigate damages caused by droughts.
Any costs incurred by governmental entities would result from
complying with conditions for receiving federal assistance.
Estimate prepared by: Federal costs: Aurora Swanson; Impact
on state, local, and tribal governments: Lisa Ramirez-Branum;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, 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. 659.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic 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. 659, as ordered reported.
Congressionally Directed Spending
S. 659, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the Bureau of Reclamation at the
April 16, 2013, Subcommittee on Water and Power hearing on S.
659 follows:
Statement of Robert Quint, Senior Advisor, Bureau of Reclamation,
Department of the Interior
Chairman Schatz and Members of the Subcommittee, I am Bob
Quint, Senior Advisor at the Bureau of Reclamation
(Reclamation). I am pleased to provide the views of the
Department of the Interior on S. 659 which reauthorizes Title I
of the Reclamation States Emergency Drought Relief Act of 1991
until the year 2018, and increases the amount of authorized
federal appropriations from the current ceiling of $90 million
up to $110 million. The Department supports extending the
authorization of this program through 2018; however, as
explained below, we do not believe an increase to the
authorization of appropriations is necessary at this time. An
April 31d update to the U.S. Drought Monitor shows that 83% of
the Western United States, where Reclamation operates, is
abnormally dry, with 63% being in moderate to exceptional
drought status.
Title I of the Reclamation States Emergency Drought Relief
Act of 1991 provides Reclamation the authority for
construction, management, and conservation measures to
alleviate the adverse impacts of drought, including mitigation
of fish and wildlife impacts. This authority is most often
implemented through drilling new private wells. 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. 659
would extend the expiration date as well as increase the
authorization for appropriations from $90 million to $110
million to allow for greater capacity in Reclamation's
assistance to States, tribes, and local governments in
addressing the impacts of drought.
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. We believe that our existing WaterSMART Program
provides some lessons applicable to the communities where
Drought Act authorities are used.
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
nonproject water; make project and nonproject water available
for nonproject uses; and, acquire water for fish and wildlife
purposes on a nonreimbursable basis.
Reclamation's primary approach to drought is to continue
working with our stakeholders on a proactive basis to assess
the implications of water shortages, develop flexible
operational plans that account for expected periods of drought,
and support projects that conserve water and improve the
efficiency of water delivery infrastructure. Federal Drought
relief is a ``last resort'' to be employed only in the most
extreme of cases. Given the extreme weather conditions
currently facing the nation, we will continue to consider ideas
to make drought relief even more effective through improved
interagency cooperation and other changes.
Title II of the Reclamation States Emergency Drought Relief
Act of 1991 provides Reclamation with permanent authority to
assist States, Tribes, and local governments with planning and
technical assistance related to drought planning, preparation,
and adaptation strategies. This authority allows Reclamation to
assist non-Federal entities to prepare for drought so that they
are less vulnerable when drought inevitably happens. This
authority for drought-related Federal coordination and
technical assistance does not automatically expire and will
remain in effect without the authorities that S. 659 would
extend.
Given that there remains a capacity for over $15 million in
authorized appropriations for this program, the Department does
not believe an increase in the authorized appropriations
ceiling is necessary at this time. If the authorized
appropriations ceiling should become a more urgent constraint,
we will evaluate the need for an increase to the appropriations
ceiling at that time.
This concludes my written statement. I am pleased to answer
questions at the appropriate time.
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. 659 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
PUBLIC LAW 102-250, as amended
AN ACT To provide emergency drought relief to the Reclamation States,
and for other purposes.
* * * * * * *
TITLE I--DROUGHT PROGRAM
* * * * * * *
SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.
(c) Termination of Authority.--The authorities established
under this title shall terminate on September 30, [2012] 2018.
* * * * * * *
TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS
SEC. 301 AUTHORIZATION OF APPROPRIATIONS.
Except as otherwise provided in section 303 of this Act
(relating to temperature control devices at Shasta Dam,
California), there is authorized to be appropriated not more
than [$90,000,000] $110,000,000 in total for the period of
fiscal years 2006 through [2012] 2018.
* * * * * * *