[Senate Report 109-164]
[From the U.S. Government Publishing Office]
Calendar No. 265
109th Congress Report
SENATE
1st Session 109-164
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DESCHUTES RIVER CONSERVANCY REAUTHORIZATION ACT OF 2005
_______
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. 166]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 166) to amend the Oregon Resource
Conservation Act of 1996 to reauthorize the participation of
the Bureau of Reclamation in the Deschutes River Conservancy,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Measure
The purpose of S. 166 is to reauthorize the participation
of the Bureau of Reclamation in the Deschutes River Conservancy
through FY 2015. It also updates references to the Deschutes
River Conservancy Working Group, redefines a quorum, and
authorizes appropriations.
Background and Need
The Deschutes River Conservancy, previously referred to as
the Deschutes Resources Conservancy, was originally authorized
in 1996 as a 5-year pilot project (P.L. 104-208). It was
reauthorized by Congress in 2000 (P.L. 106-270). The Deschutes
drains Oregon's high desert along the eastern front of the
Cascade Mountains and eventually flows into the Columbia River.
The Deschutes River Conservancy was created to bring together
diverse interests within the Basin, including irrigators,
tribes, ranchers, environmentalists, businesses, local
officials, and State and Federal agencies, in order to resolve
potential conflicts and avoid crises over water allocation like
that which occurred in the Klamath Basin in 2001.
The Conservancy has worked to develop project criteria and
identify potential projects for the benefit of water quality,
water quantity, fish passage, and habitat improvement. Projects
are selected by consensus and there is a 50-50 cost share
component. The Conservancy has employed such mechanisms as
voluntary, market-based programs to restore streamflows in the
Deschutes Basin. It has worked to improve habitat and water
quality in the Deschutes River. It has also planted more than
100,000 trees and installed 40 miles of riparian fencing.
The existing authorization provides up to $2 million for
each of fiscal years 2002 through 2006. Funding is provided
through the Bureau of Reclamation, the lead Federal agency.
Legislative History
S. 166 was introduced by Senators Smith and Wyden on
January 25, 2005, and referred to the Committee on Energy and
Natural Resources. The Water and Power Subcommittee held a
hearing on S. 166 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. 166 favorably reported without
amendment.
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. 166.
Section-by-Section Analysis
Section 1 sets forth the short title.
Section 2 amends Section 301 of the Oregon Resource
Conservation Act: to replace references to the ``Deschutes
River Basin Working Group'' with the ``Deschutes River
Conservancy Working Group''; redefine a quorum to mean eight of
the qualified Working Group members appointed and eligible to
serve; extend the participation of the Bureau of Reclamation in
the Deschutes River Conservancy through fiscal year 2015; and
authorize $2 million in appropriations for each of fiscal years
2006 through 2015.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 166--Deschutes River Conservancy Reauthorization Act of 2005
Summary: S. 166 would authorize the appropriation of $10
million over the 2006-2010 period, and another $10 million over
the 2011-2015 period, for ecosystem restoration projects in the
Deschutes River basin in Oregon. Assuming appropriation of the
authorized amounts, CBO estimates that implementing S. 166
would cost $7 million over the 2005-2010 period, with the
remaining $13 million to be spent after 2010. Enacting the
legislation would not affect direct spending or revenues.
S. 166 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would benefit local and tribal governments
participating in the Deschutes River Conservancy by authorizing
funds for restoration projects. Any costs to governmental
entities, including matching funds, would result from complying
with conditions for receiving federal assistance.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that the amounts specified in S. 166 will
be appropriated for each year and that outlays will follow the
historical spending pattern for similar activities. The
estimated budgetary impact of S. 166 is shown in the following
table. The costs of this legislation fall within budget
function 300 (natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
CHANGES TO SPENDING SUBJECT TO APPROPRIATION
Authorization Level............. 2 2 2 2 2
Estimated Outlays............... * 1 2 2 2
------------------------------------------------------------------------
* = Less than $500,000.
Intergovernmental and private-sector impact: S. 166
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit local and tribal
governments participating in the Deschutes River Conservancy by
authorizing funds for restoration projects. Any costs
associated to governmental entities, including matching funds,
would result from complying with conditions for receiving
federal assistance.
Estimate prepared by: Federal Costs: Rachel Milberg; Impact
on State, Local, and Tribal Governments: Lisa Ramirez-Branum;
Impact on the Private Sector: Selena Caldera.
Estimate 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. 166.
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. 166, as ordered reported.
Executive Communications
The testimony provided by the Department of the Interior at
the Subcommittee hearing on S. 166 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. 166.
This legislation would amend the Oregon Resource
Conservation Act of 1996 to reauthorize the participation of
the Bureau of Reclamation in the Deschutes River Conservancy
(DRC). The Bureau does not oppose S. 166. However, in these
lean budget times the Bureau must focus its scarce resources on
its core mission of delivering water and generating power, and
on aging infrastructure and O&M for existing Reclamation
projects, therefore is not likely that the Conservancy will be
a high priority for funding. Regardless of the level of federal
financial support, we believe the Conservancy's goals of
improving stream flow and water quality will certainly benefit
the basin.
The DRC was originally authorized by Congress in 1996 to
implement water conservation measures in the Deschutes River
basin. The DRC is a locally created private, nonprofit
organization established to restore stream flow and water
quality in the Deschutes Basin of Central Oregon. The DRC was
founded by local irrigation districts, the Confederated Tribes
of the Warm Springs Reservation, environmental conservation
groups, and other local stakeholders, in an effort to focus on
practical, incentive-based solutions to the basin's water
management challenges. The DRC leased over 73 cubic feet per
second of water in the basin's streams and rivers during the
2004 irrigation season and has restored nearly 100 miles of
stream corridor using livestock management techniques, restored
channel floodplain connectivity, and planted over 100,000
native plants in the riparian zone.
The DRC has permanently acquired about 7,259 acre-feet of
senior water rights in the Deschutes basin that will remain
instream during critical low flow periods, benefiting fish
species such as ESA listed bull trout and summer steelhead.
The Administration does not understand the rationale for
the provision that would define a quorum as only 8 people, less
than half of the 19 people appointed to the Conservancy.
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, changes in existing law made by
the bill S. 166, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
OREGON RESOURCE CONSERVATION ACT OF 1996
(P.L. 104-208, as amended by P.L. 106-270)
AN ACT Making omnibus consolidated appropriations for the fiscal year
ending September 30, 1997
* * * * * * *
TITLE III--DESCHUTES BASIN
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means
the [Deschutes River Basin Working Group] Deschutes
River Conservancy Working Group established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including:
* * * * * * *
[(5) Quorum.--The term ``quorum'' means one more than
half of those qualified Working Group members appointed
and eligible to serve.] (5) Quorum.--The term
``quorum'' means 8 of those qualified Working Group
members appointed and eligible to serve.
* * * * * * *
(b) * * *
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50
percent of the cost of performing any project proposed
by the Working Group and approved by the Secretary, up
to a total amount of $2,000,000 during each of the
fiscal years 2002 through 2006, and up to a total
amount of $2,000,000 during each of fiscal years 2006
through 2015.
* * * * * * *
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title $2,000,000 for each
of fiscal years 2002 through 2006, and $2,000,000 for each of
fiscal years 2006 through 2015.