[Senate Report 118-146]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 298
118th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {     118-146

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        DESCHUTES RIVER CONSERVANCY REAUTHORIZATION ACT OF 2023

                                _______
                                

               December 20, 2023.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 2020]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2020), to amend the Oregon Resource 
Conservation Act of 1996 to reauthorize the Deschutes River 
Conservancy Working Group, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 2020 is to amend the Oregon Resource 
Conservation Act of 1996 to reauthorize the Deschutes River 
Conservancy Working Group through 2036 and update certain 
membership requirements.

                          Background and Need

    The Deschutes River Conservancy Working Group was 
established in 1996 and provides recommendations on water 
management and river health issues in the Deschutes River Basin 
in Central Oregon. The Working Group's legislative 
authorization expired in 2016. S. 2020 reauthorizes the Working 
Group through 2032.

                          Legislative History

    S. 2020 was introduced on June 15, 2023, by Senators 
Merkley and Wyden. The Subcommittee on Public Lands, Forests, 
and Mining held a hearing on S. 2020 on July 12, 2023.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 2020. Senator Lee asked to be recorded as voting no.

                       Section-by-Section Summary


Section 1. Short title

    Section 1 provides the short title, the ``Deschutes River 
Conservancy Reauthorization Act of 2023.''

Section 2. Reauthorization of Deschutes River Conservancy Working Group

    Subsection (a) amends section 310(a) of the Oregon Resource 
Conservation Act of 1996 (Public Law 104-208) to define the 
membership of the Deschutes River Conservancy Working Group.
    Subsection (b) amends the 1996 Act to reauthorize the 
Working Group through 2032. It also authorizes the Bureau of 
Reclamation to provide grants to the Working Group of not more 
than 10 percent of the funds appropriated, for not more than 50 
percent of administrative costs, for implementation of the Act.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 2020 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      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. 2020. 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. 2020, as ordered reported.

                   Congressionally Directed Spending

    S. 2020, as ordered 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 Statement for the Record of the Bureau of Reclamation 
from the Subcommittee on Public Lands, Forests, and Mining July 
12, 2023, hearing on S. 2020, follows:

       Statement for the Record, U.S. Department of the Interior

    Thank you for the opportunity to provide this statement for 
the record on S. 2020, the Deschutes River Conservancy 
Reauthorization Act of 2023.
    S. 2020 would reauthorize the Deschutes River Conservancy 
Working Group through 2032, allowing the Department of the 
Interior, through the United States Bureau of Reclamation, to 
again provide funding to the Deschutes River Conservancy. This 
includes funding for up to 50 percent of the cost of performing 
any project proposed by the Working Group and approved by the 
Secretary of the Interior up to $1,000,000 per year.
    The Deschutes River Conservancy is dedicated to restoring 
streamflow and improving water quality in the Deschutes River 
Basin. Founded in 1996 as a collaborative, multi-stakeholder 
organization, the Conservancy's Board of Directors makes 
decisions by consensus and comprises key public and private 
interests including farming, ranching, timber, development, 
hydropower, recreation, tribes, and the environment. 
Reclamation is currently a non-voting member of the board and 
fully supports the ongoing work of the Deschutes River 
Conservancy.
    Thank you for the opportunity to provide this statement for 
the record.

                        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. 2020, 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):

             OMNIBUS CONSOLIDATED APPROPRIATIONS ACT, 1997

                          Public Law 104--208


 AN ACT Making omnibus consolidated appropriations for the fiscal year 
ending September 30, 1997, and for other purposes.

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DIVISION B--OREGON RESOURCE CONSERVATION ACT OF 1996

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                       TITLE III--DESCHUTES BASIN

SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

    (a) Definitions.--In this section:
          [(1) Working group.--The term ``Working Group'' means 
        the Deschutes River Conservancy Working Group 
        established before the date of enactment of this title, 
        consisting of members nominated by their represented 
        groups, including
                  (A) 5 representatives of private interests 
                including one each from hydroelectric 
                production, livestock grazing, timber, land 
                development, and recreation/tourism;
                  (B) 4 representatives of private interests 
                including two from irrigated agriculture who 
                actively farm more than 100 acres of irrigated 
                land and are not irrigation district managers 
                and two from the environmental community;
                  (C) 2 representatives from the Confederated 
                Tribes of the Warm Springs Reservation of 
                Oregon;
                  (D) 2 representatives from Federal agencies 
                with authority and responsibility in the 
                Deschutes River Basin, including one from the 
                Department of the Interior and one from the 
                Agriculture Department;
                  (E) 2 representatives from the State of 
                Oregon agencies with authority and 
                responsibility in the Deschutes River Basin, 
                including one from the Oregon Department of 
                Fish and Wildlife and one from the Oregon Water 
                Resources Department; and
                  (F) 4 representatives from county or city 
                governments within the Deschutes River Basin 
                county and/or city governments.]
          (1) Working group.--The term ``Working Group'' means 
        the Deschutes River Conservancy Working Group composed 
        of a board of directors of not fewer than 10, but not 
        more than 15, members nominated by the group 
        represented by the member, of whom--
                  (A) 2 members shall be representatives of the 
                environmental community in the Deschutes River 
                Basin;
                  (B) 2 members shall be representatives of the 
                irrigated agriculture community in the 
                Deschutes River Basin;
                  (C) 2 members shall be representatives of the 
                Confederated Tribes of the Warm Springs 
                Reservation of Oregon;
                  (D) 1 member shall be a representative of the 
                hydroelectric production community in the 
                Deschutes River Basin;
                  (E) 1 member shall be a representative of 1 
                of the Federal agencies with authority and 
                responsibility in the Deschutes River Basin;
                  (F) 1 member shall be a representative of an 
                agency of the State of Oregon with authority 
                and responsibility in the Deschutes River 
                Basin, such as--
                          (i) the Oregon Department of Fish and 
                        Wildlife; or
                          (ii) the Oregon Water Resources 
                        Department; and
                  (G) 1 member shall be a representative of a 
                unit of local government in the Deschutes River 
                Basin.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (3) Federal agencies.--The term ``Federal agencies'' 
        means agencies and departments of the United States, 
        including, but not limited to, the Bureau of 
        Reclamation, Bureau of Indian Affairs, Bureau of Land 
        Management, Fish and Wildlife Service, Forest Service, 
        Natural Resources Conservation Service, Farm Services 
        Agency, the National Marine Fisheries Service, and the 
        Bonneville Power Administration.
          (4) Consensus.--The term ``consensus'' means a 
        unanimous agreement by the Working Group members 
        present and constituting at least a quorum at a 
        regularly scheduled business meeting.
          (5) Quorum.--The term ``quorum'' means one more than 
        half of those qualified Working Group members appointed 
        and eligible to serve.
    (b) In General.--
          (1) The Working Group will propose ecological 
        restoration projects on both Federal and non-Federal 
        lands and waters to be undertaken in the Deschutes 
        River Basin based on a consensus of the Working Group, 
        provided that such projects, when involving Federal 
        land or funds, shall be proposed to the Bureau of 
        Reclamation in the Department of the Interior and any 
        other Federal agency with affected land or funds.
          (2) The Working Group will accept donations, grants 
        or other funds and place such funds received into a 
        trust fund, to be expended on ecological restoration 
        projects which, when involving Federal land or funds, 
        are approved by the affected Federal agency.
          (3) The Bureau of Reclamation shall pay from funds 
        authorized under subsection (h) of this title up to 50 
        percent of the cost of performing any project proposed 
        by the Working Group and approved by the Secretary, up 
        to a total amount of $1,000,000 during each of the 
        fiscal years 1997 through 2001, and up to a total 
        amount of $2,000,000 during each of fiscal years 2002 
        through 2006, and up to a total amount of $2,000,000 
        during each of fiscal years 2007 through [2016] 2032.
          (4) Non-Federal contributions to project costs for 
        purposes of computing the Federal matching share under 
        paragraph (3) of this subsection may include in-kind 
        contributions.
          (5) Funds authorized in subsection (h) of this title 
        shall be maintained in and distributed by the Bureau of 
        Reclamation in the Department of the Interior. The 
        Bureau of Reclamation shall not expend more than 5 
        percent of amounts appropriated pursuant to subsection 
        (h) for Federal administration of such appropriations 
        pursuant to this title.
          (6) The Bureau of Reclamation is authorized to 
        provide by grant to the Working Group not more than [5 
        percent] 10 percent of funds appropriated pursuant to 
        subsection (h) of this title for not more than 50 
        percent of administrative costs relating to the 
        implementation of this title.
          (7) The Federal agencies with authority and 
        responsibility in the Deschutes River Basin shall 
        provide technical assistance to the Working Group and 
        shall designate representatives to serve as members of 
        the Working Group.
          (8) All funding recommendations developed by the 
        Working Group shall be based on a consensus of the 
        Working Group members.
    (c) Public Notice and Participation.--The Working Group 
shall conduct all meetings subject to applicable open meeting 
and public participation laws. The chartering requirements of 5 
U.S.C. App 2 ss 1-15 are hereby deemed to have been met by this 
section.
    (d) Priorities.--The Working Group shall give priority to 
voluntary market-based economic incentives for ecosystem 
restoration including, but not limited to, water leases and 
purchases; land leases and purchases; tradable discharge 
permits; and acquisition of timber, grazing, and land 
development rights to implement plans, programs, measures, and 
projects.
    (e) Terms and Vacancies.--Members of the Working Group 
representing governmental agencies or entities shall be named 
by the represented government agency. Members of the Working 
Group representing private interests shall be named in 
accordance with the articles of incorporation and bylaws of the 
Working Group. Representatives from Federal agencies will serve 
for terms of 3 years. Vacancies which occur for any reason 
after the date of enactment of this title shall be filled in 
accordance with this title.
    (f) Additional Projects.--Where existing authority and 
appropriations permit, Federal agencies may contribute to the 
implementation of projects recommended by the Working Group and 
approved by the Secretary.
    (g) Rights, Duties and Authorities Unaffected.--The Working 
Group will supplement, rather than replace, existing efforts to 
manage the natural resources of the Deschutes Basin. Nothing in 
this title affects any legal right, duty or authority of any 
person or agency, including any member of the working group.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this title $1,000,000 for each 
of fiscal years 1997 through 2001 and $2,000,000 for each of 
fiscal years 2002 through 2006, and $2,000,000 for each of 
fiscal years 2007 through [2016] 2032.

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