[House Report 118-709]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-709
======================================================================
COLORADO RIVER SALINITY CONTROL FIX ACT
_______
October 22, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 7872]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 7872) to amend the Colorado River Basin Salinity
Control Act to modify certain requirements applicable to
salinity control units, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Legislation
The purpose of H.R. 7872 is to amend the Colorado River
Basin Salinity Control Act to modify certain requirements
applicable to salinity control units, and for other purposes.
Background and Need for Legislation
Congress enacted the Colorado River Basin Salinity Control
Act (Salinity Control Act, P.L. 93-320) in June of 1974. The
Salinity Control Act authorized salinity control projects in
Colorado, Wyoming, Utah, and Nevada and planning studies in
Arizona, California, New Mexico, and Wyoming. High salinity
levels in water can reduce crop yields, and at higher
concentrations over long periods, can kill trees and make the
land unsuitable for agricultural purposes. The Bureau of
Reclamation's Basin States Program and the U.S. Department of
Agriculture's Natural Resources Conservation Service's (NRCS)
Environmental Quality Incentives Program (EQIP) provide cost-
share assistance to landowners who install salinity control
measures.
The Colorado River Basin Salinity Control Program (Program)
is funded through appropriations and power revenues. Generally,
the Program receives 70 percent of its funds from
appropriations (also referred to as the ``nonreimbursable
portion'') and power revenues (the ``reimbursable portion'').
The Salinity Control Act dictates that 15 percent of the
reimbursable money is funded by the Upper Colorado River Basin
Fund (Upper Basin Fund) and that the remaining 85 percent of
reimbursable funds are from the Lower Colorado River Basin Fund
(Lower Basin Fund).
Unlike the Upper Basin Fund, where rates can be adjusted to
cover allocated costs, salinity dollars to the Lower Basin Fund
are fixed by the Hoover Power Plant Act (P.L. 98-381) at $2.50
per MWh regardless of Program needs. This has created an
imbalance of up-front, reimbursable funding between the lower
basin (Arizona, California, and Nevada) and upper basin states
(Colorado, New Mexico, Utah, and Wyoming), particularly as the
lower basin has struggled with reduced levels of hydropower
production.
H.R. 7872 represents the work of the seven Colorado River
basin states to address this imbalance by keeping funding
arrangements in place but adjusting the percentages of
reimbursable and nonreimbursable funds. First, the legislation
reduces the reimbursable portion of operations and maintenance
at three Bureau of Reclamation projects, freeing up $1.2
million in the Lower Basin Fund. Additionally, the legislation
reduces the EQIP reimbursable portion from 30 percent to 15
percent. This change would save the Lower Basin Fund an
additional $3.1 million. This legislation will ensure that the
costs associated with salinity control units are shared equally
across the Upper and Lower Colorado River Basins.
H.R. 7872 has five Republican cosponsors and four Democrat
cosponsors.
Committee Action
H.R. 7872 was introduced on April 5, 2024, by Rep. John
Curtis (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water, Wildlife and Fisheries. On March 22, 2024, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On June 12, 2024, the Committee on Natural Resources
met to consider the bill. The Subcommittee on Water, Wildlife
and Fisheries was discharged from further consideration of H.R.
7872 by unanimous consent. The bill was ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on March 22, 2024.
Section-by-Section Analysis
Section 1. Short title
Establishes the short title of this bill as the ``Colorado
River Salinity Control Fix Act.''
Section 2. Salinity control units
Amends Section 205 of the Colorado River Salinity Control
Act (43 U.S.C. 1595).
Adjusts the cost share aspects of the Colorado River
salinity control units. The principal funding agreement remains
in place, but percentages of reimbursable funds and non-
reimbursable funds are adjusted. The reimbursable percentage of
operations is reduced at three Bureau of Reclamation projects
and the reimbursable portion of EQIP is reduced from 30 percent
to 15 percent.
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.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. 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 amend the Colorado River Basin
Salinity Control Act to modify certain requirements applicable
to salinity control units, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 italics, and existing law in which no
change is proposed is shown in roman):
SECTION 205 OF THE COLORADO RIVER BASIN SALINITY
CONTROL ACT
[Sec. 205. (a) The Secretary]
SEC. SALINITY CONTROL UNITS; AUTHORITY AND FUNCTIONS OF THE
SECRETARY OF THE INTERIOR.
(a) Allocation of Costs.--The Secretary shall allocate the
total costs (excluding costs borne by non-federal participants)
of the on-farm measures authorized by section 202(c), of all
measures to replace incidental fish and wildlife values
foregone, and of each unit or separable feature thereof
authorized by section 202(a) of this title, as follows:
[(1) In recognition of Federal responsibility for the
Colorado River as an interstate stream and for international
comity with Mexico, Federal ownership of the lands of the
Colorado River Basin from which most of the dissolved salts
originate, and the policy embodied in the Federal Water
Pollution Control Act Amendments of 1972 (86 Stat. 816), 75 per
centum of the total costs of construction, operation,
maintenance, and replacement of each unit or separable feature
thereof authorized by section 202(a)(1), (2), and (3),
including 75 per centum of the total costs of construction,
operation, and maintenance of the associated measures to
replace incidental fish and wildlife values foregone, 70 per
centum of the total costs of construction, operation,
maintenance, and replacement of each unit, or separable feature
thereof authorized by paragraphs (4) through (6) of section
202(a), including 70 per centum of the total costs of
construction, operation, and maintenance of the associated
measures to replace incidental fish and wildlife values
foregone, and 70 per centum of the total costs of
implementation of the on-farm measures authorized by section
202(c), including 70 per centum of the total costs of the
associated measures to replace incidental fish and wildlife
values foregone, shall be nonreimbursable. The total costs
remaining after these allocations shall be reimbursable as
provided for in paragraphs (2), (3), (4), and (5), of section
205(a)]
(1) Nonreimbursable costs; reimbursable costs.--
(A) Nonreimbursable costs.--
(i) In general.--In recognition of
Federal responsibility for the Colorado
River as an interstate stream and for
international comity with Mexico,
Federal ownership of the land of the
Colorado River Basin from which most of
the dissolved salts originate, and the
policy established in the Federal Water
Pollution Control Act (33 U.S.C. 1251
et seq.) and except as provided in
clause (ii), the following shall be
nonreimbursable:
(I) 75 percent of the total
costs of construction and
replacement of each unit or
separable feature of a unit
authorized by section
202(a)(1), including 90 percent
of--
(aa) the costs of
operation and
maintenance of each
unit or separable
feature of a unit
authorized by that
section; and
(bb) the total costs
of construction,
operation, and
maintenance of the
associated measures to
replace incidental fish
and wildlife values
foregone.
(II) 75 percent of the total
costs of construction and
replacement of each unit or
separable feature of a unit
authorized by section
202(a)(2), including 100
percent of--
(aa) the costs of
operation and
maintenance of each
unit or separable
feature of a unit
authorized by that
section; and
(bb) the total costs
of construction,
operation, and
maintenance of the
associated measures to
replace incidental fish
and wildlife values
foregone.
(III) 75 percent of the total
costs of construction,
operation, maintenance, and
replacement of each unit or
separable feature of a unit
authorized by section
202(a)(3), including 75 percent
of the total costs of
construction, operation, and
maintenance of the associated
measures to replace incidental
fish and wildlife values
foregone.
(IV) 70 percent of the total
costs of construction,
operation, maintenance, and
replacement of each unit or
separable feature of a unit
authorized by paragraphs (4)
and (6) of section 202(a),
including 70 percent of the
total costs of construction,
operation, and maintenance of
the associated measures to
replace incidental fish and
wildlife values foregone.
(V) 70 percent of the total
costs of construction and
replacement of each unit or
separable feature of a unit
authorized by section
202(a)(5), including 100
percent of--
(aa) the costs of
operation and
maintenance of each
unit or separable
feature of a unit
authorized by that
section; and
(bb) the total costs
of construction,
operation, and
maintenance of the
associated measures to
replace incidental fish
and wildlife values
foregone.
(VI) 85 percent of the total
costs of implementation of the
on-farm measures authorized by
section 202(c), including 85
percent of the total costs of
the associated measures to
replace incidental fish and
wildlife values foregone.
(ii) Special rule for nonreimbursable
costs for fiscal years 2024 and 2025.--
Notwithstanding clause (i), for each of
fiscal years 2024 and 2025, the
following shall be nonreimbursable:
(I) 75 percent of all costs
described in clause (i)(I).
(II) 75 percent of all costs
described in clause (i)(II).
(III) 70 percent of all costs
described in clause (i)(V).
(IV) The percentages of all
costs described in subclauses
(III), (IV), and (VI) of clause
(i).
(B) Reimbursable costs.--The total costs
remaining after the allocations under clauses
(i) and (ii) of subparagraph (A) shall be
reimbursable as provided for in paragraphs (2),
(3), (4), and (5).
(2) The reimbursable portion of the total costs shall be
allocated between the Upper Colorado River Basin Fund
established by section 5(a) of the Colorado River Storage
Project Act (70 Stat. 107) and the Lower Colorado River Basin
Development Fund established by section 403(a) of the Colorado
River Basin Project Act (82 Stat. 895), after consultation with
the Advisory Council created in section 204 (a) of this title
and consideration of the following items:
(i) benefits to be derived in each basin from the use
of water of improved quality and the use of works for
improved water management;
(ii) causes of salinity; and
(iii) availability of revenues in the Lower Colorado
River Basin Development Fund and increased revenues to
the Upper Colorado River Basin Fund made available
under section 205(d) of this title: Provided, That
costs allocated to the Upper Colorado River Basin Fund
under section 205(a)(2) of this title shall not exceed
15 per centum of the costs allocated to the Upper
Colorado and the Lower Colorado River Basin Development
Fund.
(3) Costs of construction and replacement of each unit or
separable feature thereof authorized by sections 202(a)(1),
(2), and (3) and costs of construction of measures to replace
incidental fish and wildlife values foregone, when such
measures are a part of the units authorized by sections
202(a)(1), (2), and (3), allocated to the upper basin and to
the lower basin under section 205(a)(2) of this title shall be
repaid within a fifty-year period or within a period equal to
the estimated life of the unit, separable feature thereof, or
replacement, whichever is less, without interest from the date
such unit, separable feature, or replacement is determined by
the Secretary to be in operation.
(4)(i) Costs of construction and replacement of each unit or
separable feature thereof authorized by paragraphs (4) through
(6) of section 202, costs of construction of measures to
replace incidental fish and wildlife values foregone, when such
measures are a part of the on-farm measures authorized by
section 202(c) or of the unit authorized by paragraphs (4)
through (6) of section 202, and costs of implementation of the
on-farm measures authorized by section 202(c) allocated to the
upper basin and to the lower basin under section 205(a)(2) of
this title shall be repaid as provided in subparagraphs (ii)
and (iii), respectively, of this paragraph.
(ii) Costs allocated to the upper basin shall be repaid with
interest within a fifty-year period, or within a period equal
to the estimated life of the unit, separable feature thereof,
replacement, or on-farm measure, whichever is less, from the
date such unit, separable feature thereof, replacement, or on-
farm measure is determined by the Secretary or the Secretary of
Agriculture to be in operation.
(iii) Costs allocated to the lower basin shall be repaid
without interest as such costs are incurred to the extent that
money is available from the Lower Colorado River Basin
development fund to repay costs allocated to the lower basin.
If in any fiscal year the money available from the Lower
Colorado River Basin development fund for such repayment is
insufficient to repay the costs allocated to the lower basin,
as provided in the preceding sentence, the deficiency shall be
repaid with interest as soon as money becomes available in the
fund for repayment of those costs.
(iv) The interest rates used pursuant to this Act shall be
determined by the Secretary of the Treasury, taking into
consideration average market yields on outstanding marketable
obligations of the United States with remaining periods to
maturity comparable to the reimbursement period during the
month preceding the date of enactment of the Act entitled ``An
Act to amend the Colorado River Basin Salinity Control Act to
authorize certain additional measures to assure accomplishment
of the objectives of title I1 of such Act, and for other
purposes'' for costs outstanding at that date, or, in the case
of costs incurred subsequent to enactment of such Act, during
the month preceding the fiscal year in which the costs are
incurred.
(5) Costs of operation and maintenance of each unit or
separable feature thereof authorized by section 202(a) and of
measures to replace incidental fish and wildlife values
foregone allocated to the upper basin and to the lower basin
under section 205(a)(2) of this title shall be repaid without
interest in the fiscal year next succeeding the fiscal year in
which such costs are incurred. In the event that revenues are
not available to repay the portion of operation and maintenance
costs allocated to the Upper Colorado River Basin fund and to
the Lower Colorado River Basin development fund in the year
next succeeding the fiscal year in which such costs are
incurred, the deficiency shall be repayed with interest
calculated in the same manner as provided in section
205(a)(4)(iv). Any reimbursement due non-Federal entities
pursuant to section 202(b)(2) shall be repaid without interest
in the fiscal year next succeeding the fiscal year in which
such operation and maintenance costs are incurred.
[(b)(1) Costs of construction]
(b) Costs Payable From Lower Colorado River Basin Development
Fund.--
(1) In general.--Costs of construction, operation,
maintenance, and replacement of each unit or separable
feature thereof authorized by section 202(a), costs of
construction, operation, and maintenance of measures to
replace incidental fish and wildlife values foregone,
and costs of implementation of the on-farm measures
authorized by section 202(c) allocated for repayment by
the lower basin under section 205(a)(2) of this title
shall be paid in accordance with subsection 205(b)(2)
of this title, from the Lower Colorado River Basin
Development Fund.
(2) [Omitted--Amends other Act]
[(c) Costs of construction]
(c) Costs Payable From Upper Colorado River Basin Fund.--
Costs of construction, operation, maintenance, and replacement
of each unit or separable feature thereof authorized by section
202(a), costs of construction, operation, and maintenance of
measures to replace incidental fish and wildlife values
foregone, and costs of implementation of the on-farm measures
authorized by section 202(c) allocated for repayment by the
upper basin under section 205 (a) (2) of this title shall be
paid in accordance with section 205(d) of this title from the
Upper Colorado River Basin Fund within the limit of the funds
made available under section 205(e) of this title.
(d) [Omitted--Amends other Act]
[(e) The Secretary is ]
(e) Upward Adjustment of Rates for Electrical Energy.--The
Secretary is authorized to make upward adjustments in rates
charged for electrical energy under all contracts administered
by the Secretary under the Colorado River Storage Project Act
(70 Stat. 105, 43 U.S.C. 620) as soon as practicable and to the
extent necessary to cover the costs allocated to the Upper
Colorado River Basin Fund under section 205(a)(2) and in
conformity with section 205(a)(3), section 205(a)(4) and
section 205(a)(5) of this title: Prozyided, That revenues
derived from said rate adjustments shall be available solely
for the construction, operation, maintenance, and replacement
of salinity control units, for the construction, operation, and
maintenance of measures to replace incidental fish and wildlife
values foregone, and for the implementation of on-farm measures
in the Colorado River Basin herein authorized.
(f) Up-Front Cost Share.--
(1) In general.--Effective beginning on the date of
enactment of this paragraph, subject to paragraph (3),
the cost share obligations required by this section
shall be met through an up-front cost share from the
Basin Funds, in the same proportions as the cost
allocations required under subsection (a), as provided
in paragraph (2).
(2) Basin states program.--The Secretary shall expend
the required cost share funds described in paragraph
(1) through the Basin States Program for salinity
control activities established under section 202(a)(7).
(3) Existing salinity control activities.--The cost
share contribution required by this section shall
continue to be met through repayment in a manner
consistent with this section for all salinity control
activities for which repayment was commenced prior to
the date of enactment of this paragraph.
[all]