[Senate Report 114-382]
[From the U.S. Government Publishing Office]
Calendar No. 686
114th Congress } { Report
SENATE
2d Session } { 114-382
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A BILL TO IMPROVE THE SAFETY AND ADDRESS THE DEFERRED MAINTENANCE NEEDS
OF INDIAN DAMS TO PREVENT FLOODING ON INDIAN RESERVATIONS, AND FOR
OTHER PURPOSES
_______
November 17, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 2717]
The Committee on Indian Affairs, to which was referred the
bill (S. 2717) to improve the safety and address the deferred
maintenance needs of Indian dams to prevent flooding on Indian
reservations, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill, as
amended, do pass.
PURPOSE
The purpose of S. 2717 is to address the flood prevention
and dam safety needs in Indian Country by addressing the
deferred maintenance needs of Bureau of Indian Affairs (BIA)
dams, as well as reform tribal programs administered by the
U.S. Army Corps of Engineers.
NEED FOR LEGISLATION
The bill is intended to address the flood prevention and
dam safety needs in Indian communities. It would address the
deferred maintenance needs of Bureau of Indian Affairs (BIA)
dams, as well as reform tribal programs administered by the
U.S. Army Corps of Engineers.
These dams are significant components of the water
resources infrastructure serving reservations and contribute to
the trust assets of many Indian tribes. A significant backlog
of inspection and maintenance needs of these dams exists that
poses a threat to public safety in and around these
communities. The United States has a trust obligation to
maintain and operate these dams and prevent potential future
dam failures.
The legislation requires the Assistant Secretary for Indian
Affairs, in consultation with the Secretary of the Army, to
address the maintenance backlog of BIA dams by establishing a
High-Hazard Indian Dam Safety Deferred Maintenance Fund and a
Low-Hazard Indian Dam Safety Deferred Maintenance Fund. The
DRIFT Act establishes conditions for how the uses for the funds
are to be prioritized, based on criteria such as threats to
public safety, natural or cultural resources, and economic
concerns. The legislation also seeks to make other important
flood prevention and dam safety policy reforms for both the BIA
and the U.S. Army Corps of Engineers.
BACKGROUND
BIA Safety of Dams Program
The Indian Dam Safety Act of 1994 provides the BIA with the
responsibilities for rehabilitating and maintaining dams on
Indian lands.\1\ The mission of the Safety of Dams Program
established by the Indian Dam Safety Act of 1994 and
administered by the BIA is to ``reduce the potential loss of
human life and property damage caused by dam failure.''\2\
According to the BIA, the current deferred maintenance and
repair needs for BIA dams are more than $556 million.\3\ The
maintenance backlog has increased ``approximately 6 percent per
year'' since 2010.\4\
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\1\Legislative Hearing on S.2205, S.2421, S.2564, S.2643, and
S.2717, Before the S.Comm. on Indian Affairs, 114th Cong. (2016).
(Statement of Michael Black, Director, Bureau of Indian Affairs,
Department of the Interior, Washington, D.C.).
\2\Id.
\3\Id.
\4\Id. This information is similar to that received by the
Committee in the legislative hearing for the Indian Dams Safety Act of
1992. During that hearing the Committee Chairman indicated ``that the
BIA has not given the Dam Safety Program the high priority it needed .
. .'' Indian Dams Safety Act of 1992, Hearing Before the Select Comm.
on Indian Affairs, 102nd Cong. 1 (1992) (statement of Sen. Daniel K.
Inouye, Chairman, S.Comm. on Indian Affairs).
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The BIA has ``137 high- or significant-hazard potential
hazard dams'''\5\ spread out over 41 reservations in eight BIA
regions. The BIA is also responsible for 700 low-hazard dams
across the United States.\6\ According to the BIA officials,
the dams overseen by the Safety of Dams Program are on average
70 to 80 years old. The Director of the BIA, Michael Black,
testified before the Committee that ``[r]educing the deferred
maintenance allows for realization of the benefits provided by
these facilities without unacceptable risk of loss of
life.''\7\
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\5\Id.
\6\Id.
\7\Id.
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High Hazard Dams
Consistent with Federal Emergency Management Agency dam
hazard classifications, the BIA classifies dams as high-hazard
if dam failure of misoperation is likely to cause loss of human
life and extensive property damage. The Director of the BIA,
Michael Black, further testified that ``[u]nder current policy
only high- and significant-hazard dams are inspected, evaluated
and maintained by the BIA Safety of Dams Program.''\8\ This
means that the vast majority of the funding for the BIA Safety
of Dams Program is used only to address the 137 high- or
significant hazard dams. According to the BIA, activities
covered under this funding for high-hazard dams includes:\9\
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\8\Id.
\9\Id.
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(1) Dam evaluation, design, construction, operations,
and maintenance;
(2) Dam security;
(3) Early warning systems;
(4) Emergency management; and
(5) Floodplain management downstream of BIA dams.
The purpose of these activities is to prevent dam failures
on tribal lands that can cause the loss of life downstream.
Low Hazard Dams
The Director of the BIA, Michael Black, further testified
before the Committee that ``[d]ams, if they are low hazard, can
provide significant value to the communities they serve,
including irrigation, livestock watering, flood mitigation,
wildlife habitat and recreation.''\10\ Dams that are low
hazard, if not maintained, can become high-hazard dams. The 700
or more low-hazard dams in Indian Country have received minimal
federal support and attention in recent years, and currently
constitute a major unknown in the program's asset pool. Thus,
it is important to inspect and maintain these dams with a
funding stream separate from the high-hazard dams.
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\10\Id.
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In addition to the issue of low hazard dams deteriorating
and becoming high hazard dams, the BIA admitted that it was not
aware of all the low hazard dams that are under its
jurisdiction.\11\ The agency noted that, ``[M]any known dams
have not had a hazard potential classification assigned, and it
is likely that there are more dams on tribal land that have not
been identified.''\12\ This increases the likelihood that there
are more low-hazard dams in Indian Country that are in need of
assistance, but without reporting requirements there is no way
to be certain.
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\11\Id.
\12\Id.
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U.S. Army Corps Tribal Partnership Program
Section 203 of the Water Resources Development Act of 2000
(P.L. 106-541) authorizes a Tribal Partnership Program (TPP) to
be administered by the U.S. Army Corps of Engineers (Corps).
Under the TPP, the Corps works collaboratively with federally
recognized American Indian and Alaska Native tribal governments
to study the feasibility of water resources projects that
substantially benefit tribes, including those for flood damage
reduction, environmental restoration and protection, and
preservation of cultural and natural resources, and other
projects as deemed appropriate by the Corps.
The TPP authorizes the Corps to use appropriations to
conduct preliminary studies of potential projects. After the
Corps approval of preliminary studies, a feasibility study may
be initiated, whereby costs may be shared with a tribal cost
share sponsor, subject to the ability of that sponsor to pay.
Subsequent funding to implement these projects still requires
project-specific authorization and appropriations for
construction or pursuit through programmatic authorities such
as the continuing authorities program.
THE NEED FOR THE DRIFT ACT
To address the significant deferred maintenance backlog,
the DRIFT Act establishes a high-hazard fund that would receive
$22,750,000 each year from Fiscal Years 2017 through 2037. The
Act also establishes a low-hazard fund would receive
$10,000,000 for Fiscal Years 2017 through 2037 as well. In
addition, to address the lack of an accurate accounting of BIA
dams, and their condition status, the DRIFT Act also mandates
that tribes regularly report their dam inventory to BIA and
requires the BIA to report annually on the safety status of
their dams to Congress.
The legislation would also amend the Water Resources
Development Act of 2000 (P.L. 106-541) authority for the U.S.
Army Corps of Engineers' Tribal Partnership Program so as to
facilitate implementation of smaller water resources projects
with tribal partners. It would allow the U.S. Army Corps of
Engineers to implement the design and construction of any
projects that it studies under the Tribal Partnership Program
without additional Congressional authorization, up to a maximum
federal cost of $10 million. It would also allow for the
crediting of in-kind tribal expenses toward the non-federal
cost share of these projects.
The legislation also seeks to make other important flood
prevention and dam safety policy reforms for both the BIA and
the U.S. Army Corps of Engineers to achieve their mission of
protecting downstream communities from the threat of flooding.
Specifically, the DRIFT Act:
(1) Establishes a four year pilot program for a BIA
flood mitigation program for tribes;
(2) Establishes a Tribal Safety of Dams Committee
within the Department of the Interior to make
recommendations to Congress for modernizing the Indian
Dam Safety Act of 1994;
(3) Allows Indian tribes to waive up to $200,000 in
local cost sharing requirements for water resources
studies and projects. This waiver is similar to the
type of cost-sharing waivers that the U.S. Army Corps
of Engineers provides to U.S. territories.
LEGISLATIVE HISTORY
On March 17, 2016, Senator Barrasso introduced S. 2717, a
bill to improve the safety and address the deferred maintenance
needs of Indian dams to prevent flooding on Indian reservation,
and for other purposes (DRIFT Act). Senator McCain is an
original cosponsor of S. 2717. The Committee held a hearing on
April 13, 2016. On April 27, 2016, the Committee held a duly
called business meeting to consider the bill, among other
bills. The Committee then ordered the bill to be reported
favorably, as amended, to the Senate by voice vote.
Amendments
On April 27, 2016 at the Committee business meeting,
Senator Barrasso offered a substitute amendment to S. 2717. In
accordance with the Committee rule 5(c), the 48-hour filing
requirement for this amendment was waived by Chairman with the
concurrence of the Vice Chairman. This amendment incorporated
recommendations from the Administration and made clarifying and
technical changes to the bill.
More specifically, the substitute amendment made three
technical changes to the underlying bill. It further clarified
that the Secretary of the Treasury, not the Secretary of
Interior, is the Secretary that invests funds not required to
meet current withdrawals in sections 104 and 114. The amendment
also clarified that the transfer of funds established in this
bill comes from the Bureau of Reclamation Fund, not the general
fund of the Treasury in sections 105 and 115. The amendment
also required in section 211 that the Tribal Safety of Dams
Committee have tribal representatives based on relevant BIA
regions.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Sec. 1. Short title
The Act is called the ``Dam Repairs and Improvements for
Tribes Act of 2016''.
Sec. 2. Definitions
This section defines ``Dam'' as the meaning given the term
in section 2 of the National Dam Safety Program Act (33 U.S.C.
467) and the term includes any structure, facility, equipment,
or vehicle used in connection with the operation of a dam.
The term ``Fund'' means the High-Hazard and Low-Hazard Dam
Safety Deferred Maintenance Funds created by the bill.
High-Hazard is defined as ``a dam assigned to the
significant or high-hazard potential classification under the
guidelines published by the Federal Emergency Management Agency
entitled ``Federal Guidelines for Dam Safety; Hazard Potential
Classification System for Dams.''
Low-Hazard is defined as ``a dam assigned to the low-hazard
potential classification under the guidelines published by the
Federal Emergency Management Agency entitled ``Federal
Guidelines for Dam Safety; Hazard Potential Classification
System for Dams.''
The term ``Indian Tribe'' is defined by section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
The term ``Secretary'' is defined as the ``Secretary of the
Interior, acting through the Assistant Secretary for Indian
Affairs, in consultation with the Secretary of the Army.''
TITLE I--INDIAN DAM SAFETY DEFERRED
Subtitle A--High-Hazard Fund
Sect. 101. Establishment
This section establishes within the U.S. Department of the
Treasury of the United States, the High-Hazard Indian Dam
Safety Deferred Maintenance Fund. The Fund consists of the
amounts deposited in the fund under section 102 of this Act.
The Fund also consists of any interest earned on investment
of amounts in the Fund under section 104 of this Act.
Sec. 102. Deposits to fund
This section deposits $22,750,000 out of the Bureau of
Reclamation Fund into the High-Hazard Indian Dam Safety
Deferred Maintenance Fund each year from Fiscal Year 2017
through Fiscal Year 2037.
Sec. 103. Expenditures from fund
For Fiscal Year 2017 through Fiscal Year 2037, the
Secretary may expend from the Fund no more than $22,750,000 and
the amount of accrued interest in the Fund. Additional spending
is authorized if extra funding is available due to the
inability of the Secretary to expend all amounts from previous
fiscal years.
Sec. 104. Investments of amounts
The Secretary of the Treasury can invest a portion of the
Fund that is not required to meet current withdrawals. Any
interest accrued goes into Fund.
Sec. 105. Transfer of amounts
The amounts required to be transferred to the Fund are
transferred at least monthly from the Bureau of Reclamation
Fund based on estimates made by the Secretary of the Treasury.
Sec. 106. Termination
Authorization for the Fund ends on September 30, 2037. Any
remaining funds at that time are returned to the Bureau of
Reclamation Fund.
Subtitle B--Low-Hazard Fund
Sec. 111. Establishment
This section establishes within the U.S. Department of the
Treasury of the United States, the Low-Hazard Indian Dam Safety
Deferred Maintenance Fund. The Fund consists of the amounts
deposited in the fund under section 112 of this Act. The Fund
also consists of any interest earned on investment of amounts
in the Fund under section 114 of this Act.
Sec. 112. Deposits to fund
This section deposits $10,000,000 out of the Bureau of
Reclamation Fund into the Low-Hazard Indian Dam Safety Deferred
Maintenance Fund each year from Fiscal Year 2017 through Fiscal
Year 2037.
Sec. 113. Expenditures from fund
For Fiscal Year 2017 through Fiscal Year 2037, the
Secretary may expend from the Fund no more than $10,000,000 and
the amount of accrued interest in the Fund. Additional spending
may be authorized if extra funding is available due to the
inability of the Secretary to expend all amounts from previous
fiscal years.
Sec. 114. Investments of amounts
The Secretary of the Treasury can invest a portion of the
Fund that is not required to meet current withdrawals. Any
interest accrued goes into Fund.
Sec. 115. Transfer of amounts
The amounts required to be transferred to the Fund are
transferred at least monthly from the Bureau of Reclamation
Fund based on estimates made by the Secretary of the Treasury.
Sec. 116. Termination
Authorization for the Fund ends on September 30, 2037. Any
remaining funds at that time are returned to the Bureau of
Reclamation Fund.
TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN DAMS
Subtitle A--Program Establishment
Sec. 201. Repair, replacements and maintenance of certain indian dams
This section directs the Secretary to establish a program
to address the deferred maintenance need of Indian dams. Under
this section funding is transferred, in accordance with
sections 102 and 112, from the Bureau of Reclamation Fund to
both the High-Hazard and Low-Hazard Funds to carry out
maintenance, repair and replacement activities.
Sec. 202. Eligible dams
This section establishes the criteria as to what dams
qualify for funding in either the High-Hazard Fund or the Low-
Hazard Fund. In both cases, the eligible dams are owned by the
Federal Government, listed in the Federal inventory, are
managed by the BIA (including dams managed under contracts or
compacts pursuant to the Indian Self-Determination and
Education Assistance Act), and have deferred maintenance
documented by the BIA.
Sec. 203. Requirements and conditions
No later than 120 days after the Act becomes law, the
Secretary, in consultation with the Bureau of Reclamation and
with affected Indian tribes, shall develop and submit to
Congress programmatic goals. These goals would ensure the
completion of repairing, improving or performing maintenance on
these dams as expeditiously as possible. The goals will also
ensure the BIA carries out its mission to operate Indian dams
and ensure that the results of government-to-government
consultation required under section 204 are addressed. The
Secretary also develops funding prioritization criteria for
distributing funds. Factors that are included in the
prioritization include public or employee safety or health,
impact to natural or cultural resources or the ability of the
BIA to carry out the mission of the BIA in operating a dam.
The Secretary would also have to consider the potential
economic benefits of expenditures on job creation and economic
development, as well as the ability of an Indian dam to address
tribal, regional, and watershed level flood mitigation needs.
The Secretary would also have to consider the benefits of
increased water storage capacity of an Indian dam to prevent
flooding downstream to tribal and non-tribal communities.
Sec. 204. Tribal consultation and user input
Before expending funds and not later than 120 days after
the date of enactment, the Secretary would have to consult
with, and solicit input from, Indian tribes that have
jurisdiction over the land where eligible dams are located. The
Secretary would also have to consult with landowners served by
the Indian dam.
Sec. 205. Allocation among dams
Under this section, every dam eligible for funding that has
critical maintenance needs would receive some funding from the
two Funds. Priority in allocation would be determined by dams
that serve more than one Indian tribe within an Indian
reservation or would be located in highly populated Indian
communities, as determined by the Secretary. No single dam
would receive more than $10,000,000 in assistance in three
consecutive years.
Subtitle B--Management
Sec. 211. Tribal safety of dams committee
This section establishes a 15-member committee, 11 of whom
are appointed by the Secretary, to make recommendations to
Congress through a report for reforming the Indian Dams Safety
Act of 1994.
Of the 11 appointments, six must be a tribal member with
relevant experience in dam safety and flood prevention from
each one of the following BIA regions: the Northwest Region,
the Pacific Region, the Western Region, the Navajo Region, the
Southwest Region, the Rocky Mountains Region, the Great Plains
Region, and the Midwest Region.
Two additional appointments must be representatives of the
BIA with relevant knowledge and expertise. One additional
representative from the Bureau of Reclamation is to be
appointed by the Secretary of the Interior and one
representative is to be appointed by the Secretary of the Army
as well. Those two representatives are non-voting members of
the committee.
The report shall be presented to Congress within one year
after the first meeting of the committee.
The committee would be allowed to hire staff and an
Executive Director. Funding of up to $1 million, derived from
the Funds, is provided for the committee to pay personnel and
committee member compensation.
Sec. 212. Indian dam surveys
This section requires tribes to report not less frequently
than once every 180 days on their inventory of dams to the BIA.
The BIA is also required to report the condition of each dam
under jurisdiction of the Secretary to Congress.
Sec. 213. Establishment of Flood-Plain Management Pilot Program
This section requires that the BIA establish a flood plain
management pilot program. The program is funded at $250,000 a
year, each year from Fiscal Years 2017 to Fiscal Years 2020,
from the Funds.
Sec. 214. Tribal Partnership Program
This section would modify the current Tribal Partnership
Program (TPP). Specifically, the TPP would authorize the U.S.
Army Corps of Engineers to provide assistance to an Indian
tribe with any activity regarding the feasibility, planning,
design, or construction of a water resources development
project, without specific authorization from Congress, as long
as the Federal share of the cost of the project is less than
$10,000,000. These projects are intended to substantially
benefit an Indian tribe. An Indian tribe may request for a
detailed project report that would include, in detail, the
feasibility and planning of a water resources development
project. The Secretary of the Army cannot use more than
$100,000 for any one report. The Secretary of the Army shall
consult, consider, and coordinate with the Secretary of the
Interior regarding any activity regarding the TPP.
Sec. 215. Cost sharing for Indian tribes
This section would include Indian tribes in section 1156 of
the Water Resources Development Act of 1965 (33 U.S.C. 2310).
The Secretary of the Army shall waive up to $200,000 in local
cost-sharing requirements for Indian tribes for all studies and
projects, similar to the waiver provided to U.S. territories.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated July 26, 2016, was prepared
for S. 2717:
July 26, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2717, the Dam
Repairs and Improvements for Tribes Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 2717--Dam Repairs and Improvements for Tribes Act of 2016
Summary: S. 2717 would establish two new funds in the
Treasury and transfer a total of $33 million a year from the
Reclamation Fund into the proposed funds through 2037. The bill
would authorize the appropriation of the amounts transferred
each year and any interest credited to the unspent balances in
the proposed funds to, among other things, rehabilitate and
maintain federally owned dams managed by the Bureau of Indian
Affairs (BIA). The bill also would authorize the U.S. Army
Corps of Engineers (Corps) to carry out studies and water
projects when requested by tribes and to waive up to $200,000
of a tribe's cost-sharing obligations for certain studies or
projects.
Based on information from the BIA and the Corps, CBO
estimates that implementing the legislation would cost $136
million over the 2017-2021 period, subject to appropriation of
the authorized amounts. Enacting S. 2717 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply to this legislation.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
S. 2717 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2717 is shown in the following table.
The costs of this legislation fall within budget functions 300
(natural resources and environment) and 450 (community and
regional development).
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2017-2021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Rehabilitation and Maintenance of Indian Dams:
Estimated Authorization Level....................... 35 35 35 35 35 175
Estimated Outlays................................... 12 21 28 33 35 129
Studies and Projects:
Estimated Authorization Level....................... 1 1 1 1 1 7
Estimated Outlays................................... 1 1 1 1 1 7
Total Increases:
Estimated Authorization Level................... 36 36 36 36 36 182
Estimated Outlays............................... 13 22 29 34 36 136
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Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
2717 will be enacted near the start of 2017 and that the
authorized and necessary amounts will be appropriated each
fiscal year. Estimated outlays are based on information from
BIA, the Corps, and historical spending patterns for similar
projects.
Rehabilitation and maintenance of Indian dams
CBO estimates that implementing the provisions to
rehabilitate and maintain Indian dams would cost $129 million
over the 2017-2021 period, assuming appropriation of the
authorized and estimated amounts.
Title I would authorize the annual appropriation of $33
million and any accrued interest on unspent balances through
2037 to repair, replace, and maintain Indian dams. Based on
historical spending patterns for similar projects, CBO
estimates that $119 million of the authorized amounts would be
spent over the 2017-2021 period. (CBO estimates that over the
2017-2021 period the amount of accrued interest would be less
than $1 million.)
S. 2717 also would direct the Department of the Interior to
prepare an annual report for the Congress describing the
condition of each Indian dam. In addition, BIA would be
directed to consult with tribes and dam users and incorporate
their recommendations before undertaking repairs or
modifications. According to information from BIA there are 837
such dams and CBO estimates that preparing the reports and
conducting consultations would cost $2 million per year over
the 2017-2021 period.
Studies and projects
CBO estimates that implementing provisions of the bill that
would authorize the Corps to assist Indian tribes with carrying
out studies and constructing water projects would cost $7
million over the 2017-2021 period; such spending would be
subject to the availability of appropriated funds.
S. 2717 would authorize the Corps, upon the request of a
tribe, to study how water projects could reduce the risk of
floods, restore the environment, and protect natural resources.
The bill also would authorize the Corps to assist tribes with
the design and construction of those projects the federal share
of any project's costs could not be more than $10 million.
Based on information from the Corps about the types of
projects that might be studied, CBO estimates that the Corps
would carry out 4 additional studies each year at a cost of
about $100,000 per study or $2 million over the 2017-2021
period. The Corps could begin construction on some projects
after completing those studies and negotiating agreements with
the tribes, but CBO does not expect that would happen until
after 2021. Future construction costs would depend on the
outcome of the studies undertaken by the Corps, which CBO
cannot predict.
Finally, the bill would authorize the Corps to waive up to
$200,000 of a tribe's cost-sharing obligations for studies and
projects implemented under current law. Based on information
from the Corps about anticipated future projects, CBO estimates
the Corps would waive about $1 million per year in cost sharing
obligations, thus increasing federal costs by $5 million over
the 2017-2021 period.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 2717
contains no intergovernmental or private-sector mandates as
defined in UMRA. Tribal governments would benefit from the
funds established in the bill to address the maintenance needs
of Indian dams. Tribes also would benefit from a program in the
bill that would provide guidance for managing flood plains and
a program that would offer assistance with projects relating to
water resources development. Any costs to tribal governments
would be incurred voluntarily as a condition of receiving
federal assistance.
Estimate prepared by: Federal Costs: Robert Reese and
Aurora Swanson; Impact on State, Local, and Tribal Governments:
Rachel Austin; Impact on the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 2717 will
have a minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 2717.
CHANGES IN EXISTING LAW
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, S. 2717 makes no changes to
existing law.
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