79–010

Calendar No. 900

106TH CONGRESS REPORT

2d Session " ! SENATE 106–454

BURNT, MALHEUR, OWYHEE, AND POWDER RIVER BASIN

WATER OPTIMIZATION FEASIBILITY STUDY ACT OF 2000

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 2877]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 2877) to authorize the Secretary of the Interior

to conduct a feasibility study on water optimization in the Burnt

River basin, Malheur River basin, Owyhee River basin, and Powder

River basin, Oregon, having considered the same, reports favorably

thereon with an amendment and an amendment to the title and

recommends that the bill, as amended, do pass.

The amendments are as follows:

1. In section 2, strike ‘‘a feasibility study’’ and insert ‘‘feasibility

studies’’.

2. Amend the title so as to read: ‘‘To authorize the Secretary of

the Interior to conduct feasibility studies on water optimization in

the Burnt River basin, Malheur River basin, Owyhee River basin,

and Powder River basin, Oregon.’’

PURPOSE OF THE MEASURE

The purpose of S. 2877 is to authorize the Secretary of the Interior to conduct feasibility studies on water optimization in the

Burnt, Malheur, Owyhee, and Powder River basins, in northeastern Oregon.

BACKGROUND AND NEED

Watershed Councils (Councils) in the Malheur, Owyhee, Powder,

and Burnt River basins bring together local farmers, ranchers, and

other landowners; organized agricultural, industrial, environmental

interests; and resource management agencies to develop action

plans to implement measures that will improve the health of

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streams and make improvements to the overall environment of the

ares while maintaining a viable economy.

Multi-purpose irrigation facilities located in the Malheur,

Owyhee, Powder, and Burnt River basins were developed by the

Bureau of Reclamation but are now operated by the local water

users. Reclamation is involved with the Councils in these basins to

help develop, review, and update action plans; perform construction

design and survey work; conduct congressionally authorized feasibility analysis for structural action plan items; and participate in

public involvement activities.

The Councils are interested in involving Reclamation with smallscale construction projects to address resource management issues

they tackle on a regular basis. Congressional authorization is necessary for Reclamation to participate and develop the feasibility reports necessary to submit to Congress for any work that would require construction authorization for federal assistance with these

projects.

LEGISLATIVE HISTORY

S. 2877 was introduced by Senator Wyden on July 14, 2000. The

Subcommittee on Water and Power held a hearing on the bill on

July 25, 2000. At the business meeting on September 20, 2000, the

Committee on Energy and Natural Resources ordered S. 2877, as

amended, favorably reported.

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 20, 2000, by a unanimous voice vote of

a quorum present, recommends that the Senate pass S. 2877, if

amended as described herein.

COMMITTEE AMENDMENTS

During the consideration of S. 2877, the Committee adopted a

clarifying amendment that changed ‘‘feasibility study’’ to ‘‘feasibility studies’’, and an amendment to the title.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided

by the Congressional Budget Office.

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, September 28, 2000.

Honorable FRANK H. MURKOWSKI,

Chairman, Committee on Energy and Natural Resources,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2877, the Burnt, Malheur,

Owyhee, and Powder River Basin Water Optimization Feasibility

Study Act of 2000.

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If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Rachel Applebaum.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

S. 2877—Burnt, Malheur, Owyhee, and Powder River Basin Water

Optimization Feasibility Study Act of 2000

S. 2877 would direct the Secretary of the Interior to conduct feasibility studies for optimizing water use in the Blunt River,

Malheur River, Owyhee River, and Powder River basins in Oregon.

The bill would authorize the appropriation of funds necessary to

complete those feasibility studies. Assuming the appropriation of

the necessary amounts, CBO estimates that implementing S. 2877

would cost about $250,000 in fiscal year 2001.

S. 2877 would not affect direct spending or receipts; therefore,

pay-as-you-go procedures would not apply. 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 Rachel Applebaum.

This estimate was approved by Robert A. Sunshine, 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. 2877. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic

responsibities 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. 2877, as ordered reported.

EXECUTIVE COMMUNICATIONS

On August 4, 2000, the Committee on Energy and Natural Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 2877. These reports had

not been received at the time the report on S. 2877 was filed. When

the reports become available, the Chairman will request that they

be printed in the Congressional Record for the advice of the Senate.

The testimony provided by the Commissioner of the Bureau of Reclamation at the Subcommittee hearing follows:

STATEMENT OF LARRY TODD, ACTING DIRECTOR, OPERATIONS, BUREAU OF RECLAMATION, DEPARTMENT OF THE

INTERIOR

Thank you for the opportunity to present the Administration’s views on S. 2877, a bill that would authorize the

Secretary of the Interior to conduct a water optimization

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feasibility study for the Burnt, Malheur, Owyhee and Powder River Basins. The Administration could support the

bill if amended to limit to 50 percent the Federal government’s cost share for the study. In addition, Section 3

should be amended to authorize a total of $250,000 in appropriations.

Multi-purpose irrigation facilities located in the

Malheur, Owyhee, Powder, and Burnt River Basins were

developed by the Bureau of Reclamation but are now operated by the local water users. These four river basins are

experiencing problems related to reduced water quality

and quantity, endangered bull trout, excess nutrients and

sediment in surface water, degraded fish habitat, high

water temperatures, dewatered stream segments, inadequate fish screens, and fish passage barriers, among

other problems.

In each of the four river basins, local watershed councils

bring together local farmers, ranchers, and other landowners; organized agricultural, industrial, and environmental interests; and State and Federal resource management agencies to develop plans and implement measures

to improve the health of streams and make improvements

to the overall environment in the basins. Reclamation is

assisting the watershed councils to develop such plans,

and Congressional authorization is needed for Reclamation

to conduct the feasibility studies for any work that would

require construction authorization.

We also recommend a technical amendment to Section 2,

striking ‘‘a feasibility study’’ and inserting ‘‘feasibility

studies’’.

Thank you for holding this hearing. I would be pleased

to answer any questions.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 2877, as ordered reported.

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