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[House Report 106-864]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-864

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 CHANDLER PUMPING PLANT AND POWERPLANT OPERATIONS AT PROSSER DIVERSION 
                            DAM, WASHINGTON

                                _______
                                

 September 19, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3986]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3986) to provide for a study of the engineering 
feasibility of a water exchange in lieu of electrification of 
the Chandler Pumping Plant at Prosser Diversion Dam, 
Washington, 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. CHANDLER PUMPING PLANT AND POWERPLANT OPERATIONS AT PROSSER 
                    DIVERSION DAM, WASHINGTON.

  Section 1208 of Public Law 103-434 (108 Stat. 4562) is amended--
          (1) in subsection (a)--
                  (A) in the subsection heading, by inserting ``or 
                Water Exchange'' after ``Electrification'';
                  (B) by redesignating paragraphs (1), (2), and (3) as 
                subparagraphs (A), (B), and (C), respectively, and 
                indenting appropriately;
                  (C) by striking ``In order to'' and inserting the 
                following:
          ``(1) Electrification.--In order to''; and
                  (D) by adding at the end the following:
          ``(2) Water exchange alternative.--
                  ``(A) In general.--As an alternative to the measures 
                authorized under paragraph (1) for electrification, the 
                Secretary is authorized to use not more than $4,000,000 
                of sums appropriated under paragraph (1) to study the 
                engineering feasibility of exchanging water from the 
                Columbia River for water historically diverted from the 
                Yakima River.
                  ``(B) Requirements.--In carrying out subparagraph 
                (A), the Secretary, in coordination with the Kennewick 
                Irrigation District and in consultation with the 
                Bonneville Power Administration, shall--
                          ``(i) prepare a report that describes project 
                        benefits and contains feasibility level designs 
                        and cost estimates;
                          ``(ii) secure the critical right-of-way areas 
                        for the pipeline alignment;
                          ``(iii) prepare an environmental assessment; 
                        and
                          ``(iv) conduct such other studies or 
                        investigations as are necessary to develop a 
                        water exchange.'';
          (2) in subsection (b)--
                  (A) in paragraph (1), by inserting ``or water 
                exchange'' after ``electrification''; and
                  (B) in the second sentence of paragraph (2)(A), by 
                inserting ``or the equivalent of the rate'' before the 
                period;
          (3) in subsection (d), by striking ``electrification,'' each 
        place it appears and inserting ``electrification or water 
        exchange''; and
          (4) in subsection (d), by striking ``of the two'' and 
        inserting ``thereof''.

                          Purpose of the Bill

    The purpose of H.R. 3986 is to provide for a study of the 
engineering feasibility of a water exchange in lieu of 
electrification of the Chandler Pumping Plant at Prosser 
Diversion Dam, Washington.

                          Background and Need

    H.R. 3986 authorizes a study of the feasibility of 
exchanging water historically diverted from the Yakima River 
for use by the Kennewick and Columbia Irrigation Districts for 
water from the Columbia River. The study would be conducted as 
part of the Yakima River Basin Water Enhancement Project. These 
two irrigation district systems currently take their water from 
the lower Yakima River. Proponents of the exchange believe that 
taking water from the much larger volume of the Columbia River 
would reduce the impact on threatened and endangered species. 
The objective of the legislation is to promote salmon recovery 
in the Yakima River without reducing the amount of water 
available to irrigators.

                            Committee Action

    H.R. 3986 was introduced on March 15, 2000, by 
Representative Doc Hastings (R-WA). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On September 13, 2000, the 
Resources Committee met to consider the bill. The Subcommittee 
on Water and Power was discharged from further consideration of 
the measure by unanimous consent. Congressman John T. Doolittle 
(R-CA) offered an amendment to make technical corrections to 
the language in the bill and limit to $4 million the amount 
authorized for the study. The amendment was adopted by voice 
vote. No further amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
voice vote.

                      Section-by-Section Analysis

Section 1. Chandler Pumping Plant and powerplant operations at Prosser 
        Diversion Dam, Washington

    Section 1208 of Public Law 103-434 (108 Stat. 4562 is 
amended to allow for the study of the engineering feasibility 
of water exchange in addition to the electrification authorized 
in the legislation. The Secretary of the Interior shall prepare 
a report that describes project benefits, contains feasibility 
level designs and cost estimates; may obtain critical rights-
of-way; prepare an environmental assessment; and conduct other 
studies as necessary to develop a water exchange.

            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 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. A cost estimate was requested 
but was not received in time to file with this bill report. 
Therefore, the Committee estimates that the costs incurred in 
carrying out this bill would be insignificant because it 
earmarks already authorized and appropriated funds.
    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, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The bill authorizes a new use of appropriated 
funds.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    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 requested but has not received a 
cost estimate for this bill from the Director of the 
Congressional Budget Office.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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 italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 1208 OF THE ACT OF OCTOBER 31, 1994

AN ACT To provide for the settlement of the water rights claims of the 
Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for other 
                               purposes.

SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT-OPERATIONS AT PROSSER 
                    DIVERSION DAM.

  (a) Authorization of Appropriations for Electrification or 
Water Exchange.--[In order to]
          (1) Electrification.--In order to provide for 
        electrification to enhance instream flows by 
        eliminating the need to divert water to operate the 
        hydraulic turbines which pump water to the Kennewick 
        Irrigation District, there is authorized to be 
        appropriated--
                  [(1)] (A) $50,000 to conduct an assessment of 
                opportunities for alternative pumping plant 
                locations;
                  [(2)] (B) $4,000,000 for construction; and
                  [(3)] (C) such sums as may be necessary for 
                the prorata share of the operation and 
                maintenance allocated to fish and wildlife as 
                determined by the Secretary.
          (2) Water exchange alternative.--
                  (A) In general.--As an alternative to the 
                measures authorized under paragraph (1) for 
                electrification, the Secretary is authorized to 
                use not more than $4,000,000 of sums 
                appropriated under paragraph (1) to study the 
                engineering feasibility of exchanging water 
                from the Columbia River for water historically 
                diverted from the Yakima River.
                  (B) Requirements.--In carrying out 
                subparagraph (A), the Secretary, in 
                coordination with the Kennewick Irrigation 
                District and in consultation with the 
                Bonneville Power Administration, shall--
                          (i) prepare a report that describes 
                        project benefits and contains 
                        feasibility level designs and cost 
                        estimates;
                          (ii) secure the critical right-of-way 
                        areas for the pipeline alignment;
                          (iii) prepare an environmental 
                        assessment; and
                          (iv) conduct such other studies or 
                        investigations as are necessary to 
                        develop a water exchange.
  (b) Power for Project Pumping.--(1) The Administrator of the 
Bonneville Power Administration shall provide for project power 
needed to effect the electrification or water exchange as 
provided in subsection (a).
  (2)(A) There is authorized to be appropriated for the Bureau 
of Reclamation for each fiscal year in which the Administrator 
provides power under this subsection an amount equal to the 
cost to the Bonneville Power Administration of providing power 
under this subsection during such fiscal year. The rate to be 
utilized by the Administrator in determining the cost of power 
under this paragraph in a fiscal year shall be the rate for 
priority firm power charged by the Bonneville Power 
Administration in that fiscal year under section 7(b) of the 
Pacific Northwest Electric Power Planning and Conservation Act 
(16 U.S.C. 839e(b)) or the equivalent of the rate.

           *       *       *       *       *       *       *

  (d) Water Supply for Kennewick Irrigation District.--The 
Secretary shall ensure that the irrigation water supply for the 
Kennewick Irrigation District shall not be affected by 
conservation, [electrification,] electrification or water 
exchange or subordination pursuant to this title and any 
reduction in its irrigation water supply resulting from 
conservation measures adopted or implemented by other entities 
pursuant to this title shall be replaced by water developed 
through subordination, [electrification,] electrification or 
water exchange or a combination [of the two] thereof.

           *       *       *       *       *       *       *

                                  
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