89–010

Calendar No. 57

107TH CONGRESS REPORT

1st Session " ! SENATE 107–22

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

REPORT

[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 feasiVerDate 11-MAY-2000 05:14 Jun 06, 2001 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR022.XXX pfrm09 PsN: SR022
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bility 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. 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

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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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