[House Report 114-450]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-450
======================================================================
TO AMEND THE COLORADO RIVER STORAGE PROJECT ACT TO AUTHORIZE THE USE OF
THE ACTIVE CAPACITY OF THE FONTENELLE RESERVOIR
_______
March 14, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2273]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2273) to amend the Colorado River Storage
Project Act to authorize the use of the active capacity of the
Fontenelle Reservoir, having considered the same, reports
favorably thereon with amendments and recommends that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE
RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior, in cooperation with
the State of Wyoming, may amend the Definite Plan Report for the
Seedskadee Project authorized under the first section of the Act of
April 11, 1956 (commonly known as the ``Colorado River Storage Project
Act'' (43 U.S.C. 620)) to provide for the study, design, planning, and
construction activities that will enable the use of all active storage
capacity (as may be defined or limited by legal, hydrologic,
structural, engineering, economic, and environmental considerations) of
Fontenelle Dam and Reservoir, including the placement of sufficient
riprap on the upstream face of Fontenelle Dam to allow the active
storage capacity of Fontenelle Reservoir to be used for those purposes
for which the Seedskadee Project was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary of the Interior may enter into
any contract, grant, cooperative agreement, or other agreement
that is necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary of the Interior shall
enter into a cooperative agreement with the State of
Wyoming to work in cooperation and collaboratively with
the State of Wyoming for planning, design, related
preconstruction activities, and construction of any
modification of the Fontenelle Dam under subsection
(a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary of the Interior and
the State of Wyoming with respect to--
(i) completing the planning and final design
of the modification of the Fontenelle Dam under
subsection (a);
(ii) any environmental and cultural resource
compliance activities required for the
modification of the Fontenelle Dam under
subsection (a) including compliance with--
(I) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(III) subdivision 2 of division A of
subtitle III of title 54, United States
Code; and
(iii) the construction of the modification of
the Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of March 4,
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of
providing any additional storage under subsection (a), the State of
Wyoming shall provide to the Secretary of the Interior funds for any
work carried out under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary of the Interior may enter into
contracts with the State of Wyoming, on such terms and
conditions as the Secretary of the Interior and the State of
Wyoming may agree, for division of any additional active
capacity made available under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by the
Secretary of the Interior and the State of Wyoming, a contract
entered into under paragraph (1) shall be subject to the terms
and conditions of Bureau of Reclamation Contract No. 14-06-400-
2474 and Bureau of Reclamation Contract No. 14-06-400-6193.
SEC. 2. SAVINGS PROVISIONS.
Unless expressly provided in this Act, nothing in this Act modifies,
conflicts with, preempts, or otherwise affects--
(1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.)
(commonly known as the ``Boulder Canyon Project Act'');
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.)
(commonly known as the ``Boulder Canyon Project Adjustment
Act'');
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to by
the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-537;
82 Stat. 885); or
(8) any State of Wyoming or other State water law.
Amend the title so as to read:
A bill to authorize the Secretary of the Interior to amend
the Definite Plan Report for the Seedskadee Project to enable
the use of the active capacity of the Fontenelle Reservoir.
PURPOSE OF THE BILL
The purpose of H.R. 2273, as ordered reported, is to
authorize the Secretary of the Interior to amend the Definite
Plan Report for the Seedskadee Project to enable to use of the
active capacity of the Fontenelle Reservoir.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2273, as amended, authorizes the Secretary of the
Interior to enter into a cooperative agreement with the State
of Wyoming to study, design, plan and perform construction that
will enable the use of all active storage capacity at the
Fontenelle Dam and Reservoir. The bill requires Wyoming to pay
for the full cost of such activities.
The Colorado River (River) is a major source of water
supply for Wyoming and six other western states. The River is
governed under the so-called `'Law of the River,'' which is
comprised of numerous federal laws, state compacts and
agreements. The seven Colorado River Basin states and the
federal government negotiated the Colorado River Compact of
1922, which defined the relationship between the upper basin
states, where most of the River's water supply originates, and
the lower basin states, which held most of the water demands.
Since the seven states could not agree on how the waters of the
Colorado River Basin should be allocated among them, then
Secretary of Commerce Herbert Hoover suggested the basin be
divided into an upper and lower half, with each basin having
the right to develop 7.5 million acre-feet (maf) annually of
river water. An acre foot of water is equivalent to
approximately 326,000 gallons or enough to cover a football
field with a foot of water. The Upper Colorado River Basin
Compact of 1948 apportioned the upper basin's 7.5 maf among
Colorado (51.75 percent), New Mexico (11.25 percent), Utah (23
percent), and Wyoming (14 percent). In addition, the Colorado
River Storage Project of 1956 provided a comprehensive upper
basin-wide water resource development plan and authorized the
construction of dams, including the Seedskadee Project, for
river regulation and power production, as well as several
projects for irrigation and other uses.
Fontenelle Dam and Reservoir is the principal feature of
the federal Seedskadee Project in southwest Wyoming. The
current active storage capacity of the Reservoir is 260,000
acre feet. Since Wyoming has yet to use its full 14 percent
Colorado River allotment, it has proposed expanding the active
storage capacity of the Reservoir to 345,000 acre feet.
Increasing active storage capacity at the Reservoir requires
the installation of large stones, also known as ``riprap,'' on
parts of the upstream face of the earthen Dam. These stones
keep water from eroding parts of the upstream face of the Dam.
Under H.R. 2273, Wyoming would be responsible for paying
for the entire project, including study, design, planning, and
construction of the riprap project. As amended, the bill no
longer amends the Colorado River Storage Project to ensure that
anything done under the auspices of this bill would not modify
that law. This and other provisions of the bill are intended to
reinforce the ``beneficiaries pay'' policy, which requires that
those who solely receive the benefits of a project will pay for
the project.
SECTION BY SECTION ANALYSIS OF THE BILL
Section 1, as amended, authorizes the Secretary of the
Interior to amend the Definite Plan Report for the Seedskadee
Project to enter into any contract, grant or cooperative
agreement with the State of Wyoming to carry out the study,
design, planning, and construction activities to allow for the
use of the Fontenelle Dam's entire active storage capacity. Any
costs under this section shall be paid for by the State of
Wyoming.
Section 2 provides a ``Savings Provision'' that intends to
limit the bill from preempting or amending a number of federal
statutes and Wyoming water law.
COMMITTEE ACTION
H.R. 2273 was introduced on May 12, 2015, by Congresswoman
Cynthia Lummis (R-WY). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. On June 25, 2015, the
Subcommittee held a hearing on the bill. On February 2, 2016,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congresswoman
Lummis offered an amendment designated #1 to the bill; it was
adopted by unanimous consent. No further amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent
on February 3, 2016.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 2273--A bill to authorize the Secretary of the Interior to amend
the Definite Plan Report for the Seedskadee Project to enable
the use of the active capacity of the Fontenelle Reservoir
H.R. 2273 would authorize the Bureau of Reclamation (BOR)
to plan and construct a project to expand water storage at
Fontenelle Dam and Reservoir in southwestern Wyoming. Because
implementing H.R. 2273 would affect direct spending, pay-as-
you-go procedures apply. Enacting H.R. 2273 would not affect
revenues. Based on information from the BOR, however, CBO
estimates that enacting the legislation would have an
insignificant effect on the budget.
CBO also estimates that enacting the bill would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
Under current law, the amount of water storage available to
the State of Wyoming at the reservoir is the difference between
full capacity and the lowest water level that allows all of the
authorized purposes of the Fontenelle project to be performed.
Under the bill, the BOR would coordinate with the State of
Wyoming to design and construct modifications to the Fontenelle
Dam and Reservoir to allow the project to operate at a lower
water level, thus expanding the amount of storage available to
the state. H.R. 2273 also would require the state to contribute
100 percent of the cost to design and construct the project.
(Those donations from the state to the federal government would
be recorded in the budget as offsetting receipts and would
subsequently be spent without further appropriation.)
H.R. 2273 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the State of Wyoming. Any costs incurred by the
state to fund the project or participate in cooperative
agreements would result from complying with conditions of
federal assistance.
September 2, 2015, CBO transmitted a cost estimate for S.
1305, a bill to amend the Colorado River Storage Project Act to
authorize the use of the active capacity of the Fontenelle
Reservoir, as ordered reported by the Senate Committee on
Energy and Natural Resources on July 30, 2015. The two pieces
of legislation are similar and CBO's estimates of the budgetary
effects are the same.
The CBO staff contacts for this estimate are Aurora Swanson
(for federal costs) and Jon Sperl (for intergovernmental
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of Rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. The Congressional
Budget Office estimates that enactment of this bill ``would
have an insignificant effect on the budget.'' Because the State
of Wyoming must pay 100 percent of the costs of the project,
any payments to the United States would be considered
offsetting receipts (a credit against direct spending).
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of Rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to authorize
the Secretary of the Interior to amend the Definite Plan Report
for the Seedskadee Project to enable to use of the active
capacity of the Fontenelle Reservoir.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
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