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[Senate Report 107-22]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 57
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-22

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   BURNT, MALHEUR, OWYHEE, AND POWDER RIVER BASIN WATER OPTIMIZATION 
                     FEASIBILITY STUDY ACT OF 2001

                                _______
                                

                  June 5, 2001.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 238]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 238) 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, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         purpose of the measure

    The purpose of S. 238 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 streams and make improvements to the 
overall environment of the areas 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 
small-scale 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. 238 was introduced by Senators Wyden and Smith on 
February 1, 2001. S. 238 is identical to S. 2877, as it passed 
the Senate in the 106th Congress. A Subcommittee hearing was 
held last Congress on S. 2877, the bill was reported by the 
Full Committee with a technical amendment and the measure 
passed the Senate as amended on October 13, 2000. At the 
business meeting on May 16, 2001, the Committee on Energy and 
Natural Resources ordered S. 238, as amended, favorably 
reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 16, 2001, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 238, if 
amended as described herein.

                   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, May 22, 2001.
Hon. 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. 238, the Burnt, 
Malheur, Owyhee, and Powder River Basin Water Optimization 
Feasibility Study Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                       Steven M. Lieberman,
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

S. 238--Burnt, Malheur, Owyhee, and Powder River Basin Water 
        Optimization Feasibility Study Act of 2001

    S. 238 would authorize the Secretary of the Interior to 
conduct studies on the use of water in the basins of the Burnt 
River, Malheur River, Owyhee River, and Powder River in Oregon. 
CBO estimates these studies would cost about $500,000. Based on 
information from the Bureau of Reclamation, CBO expects the 
federal government would share this cost with the state of 
Oregon, local counties, and certain irrigation districts. 
Assuming appropriation of the necessary amounts, implementing 
S. 238 would cost $250,000 over the 2002-2003 period. Enacting 
S. 238 would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply.
    S. 238 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 is Rachel Milberg. This estimate was 
approved by Peter H. Fontaine, 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. 238. 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. 238, as ordered reported.

                        executive communications

    On May 25, 2001, 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. 238. These reports 
had not been received at the time the report on S. 238 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. At the hearing on S. 2387 in the 
106th Congress, the Administration testified in support of the 
legislation.

                        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. 238, as ordered 
reported.

                                
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