49–010 

Calendar No. 266 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–165 

LITTLE BUTTE/BEAR CREEK SUBBASINS WATER 

FEASIBILITY ACT 

OCTOBER 27, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 251] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 251) to authorize the Secretary of the Interior, 

acting through the Bureau of Reclamation, to conduct a water resource feasibility study for the Little Butte/Bear Creek Subbasins 

in Oregon, having considered the same, reports favorably thereon 

with amendments and recommends that the bill, as amended, do 

pass. 

The amendments are as follows: 

1. On page 2, line 2, strike ‘‘conduct’’ and insert ‘‘participate in’’. 

2. On page 2, strike lines 9 through 11 and insert the following: 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Bureau of Reclamation $500,000 to 

carry out activities under this Act. 

‘‘(2) NON-FEDERAL SHARE.— 

‘‘(A) IN GENERAL.—The non-Federal share shall 

be 50 percent of the total costs of the Bureau of 

Reclamation in carrying out subsection (b). 

‘‘(B) FORM.—The non-Federal share required 

under subparagraph (A) may be in the form of any 

in-kind services that the Secretary of the Interior 

determines would contribute substantially toward 

the conduct and completion of the study and environmental impact statement required under subsection (b).’’. 

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PURPOSE OF THE MEASURE

The purpose of S. 251 is to authorize the Secretary of the Interior, acting through the Bureau of Reclamation (Bureau), to conduct a water resource feasibility study for the Little Butte/Bear 

Creek Subbasins in Oregon. 

BACKGROUND AND NEED

The Water for Irrigation, Streams, and the Economy (WISE) 

Project is a proposed water management project designed to improve the Little Butte and Bear Creek watersheds within Jackson 

County in southern Oregon. Little Butte Creek and Bear Creek are 

tributaries of the Rogue River. Little Butte Creek has been designated as spawning habitat for Coho salmon, listed as threatened 

under the Endangered Species Act, and the Bear Creek Valley supports over 34,000 acres of agricultural land. Nineteen agricultural, 

municipal, environmental, and water resource agencies and groups 

comprise the WISE Project Advisory Committee (PAC). 

The water management feasibility study and environmental impact statement (EIS) authorized by S. 251 is to be conducted in accordance with a July 2, 2004, Memorandum of Agreement (MOA) 

between the Bureau and the City of Medford, Oregon. PAC members are also signatories to the MOA. The MOA identifies the roles 

of the parties in the development and preparation of technical studies for the WISE Project. The feasibility study and EIS will evaluate integrated water resource management and supply needs in the 

Little Butte/Bear Creek Subbasins and will seek to identify ways 

to improve stream flows and water quality. The work will also explore opportunities for conservation, improved irrigation system efficiencies, and wastewater reclamation within the Talent, Rogue 

River, and Medford Irrigation Districts. 

LEGISLATIVE HISTORY

S. 251 was introduced by Senators Smith and Wyden on February 1, 2005, and referred to the Committee on Energy and Natural Resources. The Water and Power Subcommittee held a hearing on S. 251 on April 19, 2005 (S. Hrg. 109–96). At the business 

meeting on September 28, 2005, the Committee on Energy and 

Natural Resources ordered S. 251 favorably reported, with amendments. 

In the 108th Congress, Senators Smith and Wyden introduced 

S. 2958, identical legislation to the measure now under consideration, but the bill was not taken up. H.R. 3210, companion legislation to S. 2958, passed the House on September 28, 2004. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 28, 2005, by unanimous vote of a 

quorum present, recommends that the Senate pass S. 251, if 

amended as described herein. 

COMMITTEE AMENDMENTS

Two amendments were adopted to add a local cost-share component. 

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SECTION-BY-SECTION ANALYSIS

Section 1(a) sets forth the short title. 

Subsection (b) authorizes the Secretary of the Interior, acting 

through the Bureau of Reclamation, to participate in the Water for 

Irrigation, Streams and the Economy Project water management 

feasibility study and the environmental impact statement. Such 

work is to be conducted in accordance with the July 2, 2004 Memorandum of Agreement between the Bureau and the City of Medford. 

Subsection (c)(1) authorizes $500,000 for the Bureau’s activities. 

Subsection (c)(2)(A) requires the non-Federal cost-share to be 

50% of the Bureau’s costs. 

Subsection (c)(2)(B) allows the 50% non-Federal cost-share to be 

in the form of in-kind services, as long as the Secretary of the Interior determines that such in-kind services would substantially contribute to the feasibility study and the environmental impact statement at issue. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 

S. 251—Little Butte/Bear Creek Subbasins Water Feasibility Act 

S. 251 would authorize the Bureau of Reclamation to participate 

in a water management feasibility study of the Little Butte and 

Bear Creek watersheds in Medford, Oregon. The study would identify ways to meet future water supply needs and to improve water 

quality, as well as water conservation and storage measures. S. 251 

would authorize the appropriation of $500,000 for this study. 

Assuming appropriation of the specified amounts, CBO estimates 

that implementing S. 251 would cost $500,000 in 2006. Enacting S. 

251 would not affect direct spending or revenues. 

S. 251 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 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. 251. 

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. 251, as ordered reported. 

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EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

Subcommittee hearing on S. 251 follows: 

STATEMENT OF WILLIAM RINNE, DEPUTY COMMISSIONER OF

RECLAMATION, U.S. DEPARTMENT OF THE INTERIOR

Madam Chairman and Members of the Subcommittee, I 

am William Rinne, Deputy Commissioner of Reclamation. 

Thank you for the opportunity to testify on S. 251. 

This legislation would authorize the Bureau of Reclamation to conduct a water resource feasibility study in the 

Bear Creek/Little Butte Creek sub-basins of the Rogue 

River in southwestern Oregon, and to prepare an environmental impact statement provided for in the Act. The 

study would investigate opportunities to implement water 

conservation measures within the three irrigation districts 

(Talent, Rogue River and Medford IDs) served by Reclamation’s Rogue River Project, and to increase water supplies, 

including use of reclaimed water from the City of Medford 

and modifications to existing storage facilities. Because alternatives being studied would impact the facilities and 

operations of the Rogue River Project, Reclamation must 

be involved in the effort. 

It is Reclamation’s understanding that a broad range of 

stakeholders has come together to achieve consensus on 

project goals and gain community support. The primary 

goals are to: 1) solve the sewage and storm water discharge problems of the City of Medford; 2) increase 

instream flows in Little Butte Creek and Bear Creek for 

threatened coho salmon; and 3) improve irrigation efficiency within the three irrigation districts. The project 

would improve the long-term viability of the three irrigation districts. The Bureau of Reclamation has cooperated 

with this local collaborative effort to proactively address 

water resource issues that could become contentious in the 

future. 

Partial funding for this study has been obtained by the 

City of Medford via a grant administered by the U.S. Environmental Protection Agency. The grant is being used to 

fund a contractor to initiate technical studies. The local 

study partners believe they will be able to obtain additional funding to complete the technical studies required to 

meet Reclamation’s standards for water resources planning. Appropriated funds would be needed to cover Reclamation staff costs to review and revise as necessary the 

contractor’s technical work, undertake Endangered Species 

Act consultations with other Federal agencies, and publish 

the notices and documents required under the National 

Environmental Policy Act. 

The administration cannot support S. 251 at this time. 

The legislation does not require at least 50% non-federal 

cost share for the feasibility study, as is required by Reclamation policy. Federal funds obtained by Medford 

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through other agencies would not qualify for the cost-share 

requirement. 

This concludes my statement. I will be glad 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. 251, as ordered reported. 

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