II

Calendar No. 935

106TH CONGRESS

2D SESSION S. 1697

[Report No. 106–486]

To authorize the Secretary of the Interior to refund certain collections

received pursuant to the Reclamation Reform Act of 1982.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1999

Mr. SMITH of Oregon (by request) introduced the following bill; which was

read twice and referred to the Committee on Energy and Natural Resources

OCTOBER 4 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize the Secretary of the Interior to refund certain

collections received pursuant to the Reclamation Reform

Act of 1982.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This title may be cited as the ‘‘Reclamation Reform

5 Refund Act of 1999’’.
2

S 1697 RS

1 SEC. 2. REFUND OF CERTAIN AMOUNTS RECEIVED UNDER

2 RECLAMATION REFORM ACT OF 1982.

3 (a) REFUND REQUIRED.—Subject to subsections (b)

4 and (c) and the availability of appropriations, the Sec5 retary of the Interior is authorized to refund fully amounts

6 received by the United States as payments for charges as7 sessed by the Secretary before January 1, 1994, for failure

8 to file certain certification or reporting forms prior to the

9 receipt of irrigation water, pursuant to sections 206 and

10 224(c) of the Reclamation Reform Act of 1982 (herein11 after referred to as the ‘‘Act’’) (96 Stat. 1266, 1272; 43

12 U.S.C. 390ff, 390ww(c)). Any refund issued pursuant to

13 this subsection shall include the amount of associated in14 terest assessed by the Secretary and paid to the United

15 States pursuant to section 224(I) of the Reclamation Re16 form Act (101 Stat. 1330–268; 43 U.S.C. 390ww(I)).

17 (b) ADMINISTRATIVE FEE.—Except with respect to

18 the 1987 water year, refunds made pursuant to subsection

19 (a) shall be reduced by an administrative fee of $260 for

20 each failure to file certification or reporting forms.

21 (c) LIMITATION.—Nothing in this title shall be con22 strued as authorizing any refund of amounts paid to the

23 United States in the compromise or settlement of any

24 charge, claim, appeal, or dispute under the Act.
3

S 1697 RS

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $1,000,000.

4 SECTION 1. SHORT TITLE.

5 This title may be cited as the ‘‘Reclamation Reform

6 Refund Act of 2000’’.

7 SEC. 2. REFUND OF CERTAIN AMOUNTS RECEIVED UNDER

8 RECLAMATION REFORM ACT OF 1982.

9 (a) REFUND REQUIRED.—Subject to the availability

10 of appropriations, the Secretary of the Interior is author11 ized and directed to refund fully amounts received by the

12 United States as payments for charges assessed by the Sec13 retary before January 1, 1994, for failure to file or properly

14 file certain certification or reporting forms pursuant to sec15 tions 206 and 224(c) of the Reclamation Reform Act of 1982

16 (43 U.S.C. 390ff, 390ww(c)) prior to the receipt of irriga17 tion water. Such refunds shall be made regardless of whether

18 such payments were required by the United States, were

19 made pursuant to a compromise or settlement (whether

20 court approved or otherwise), or were otherwise received by

21 the United States. Any refund issued pursuant to this sub22 section shall include the amount of associated interest as23 sessed by the Secretary and paid to the United States pur24 suant to section 224(i) of that Act (43 U.S.C. 390ww(i)).
4

S 1697 RS

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section such

3 sums as necessary.

Calendar No. 935

106TH CONGRESS

2D SESSION S. 1697

[Report No. 106–486]

A BILL

To authorize the Secretary of the Interior to refund

certain collections received pursuant to the Reclamation Reform Act of 1982.

OCTOBER 4 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment