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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-811

======================================================================



 
       COLUSA BASIN WATERSHED INTEGRATED RESOURCES MANAGEMENT ACT

                                _______
                                

 September 6, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1113]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1113) to assist in the development and implementation of 
projects to provide for the control of drainage, storm, flood 
and other waters as part of water-related integrated resource 
management, environmental infrastructure, and resource 
protection and development projects in the Colusa Basin 
Watershed, California, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Colusa Basin Watershed Integrated 
Resources Management Act''.

SEC. 2. AUTHORIZATION OF ASSISTANCE.

  The Secretary of the Interior (in this Act referred to as the 
``Secretary''), acting within existing budgetary authority, may provide 
financial assistance to the Colusa Basin Drainage District, California 
(in this Act referred to as the ``District''), for use by the District 
or by local agencies acting pursuant to section 413 of the State of 
California statute known as the Colusa Basin Drainage Act (California 
Stats. 1987, ch. 1399) as in effect on the date of the enactment of 
this Act (in this Act referred to as the ``State statute''), for 
planning, design, environmental compliance, and construction required 
in carrying out eligible projects in the Colusa Basin Watershed to--
          (1)(A) reduce the risk of damage to urban and agricultural 
        areas from flooding or the discharge of drainage water or 
        tailwater;
          (B) assist in groundwater recharge efforts to alleviate 
        overdraft and land subsidence; or
          (C) construct, restore, or preserve wetland and riparian 
        habitat; and
          (2) capture, as an incidental purpose of any of the purposes 
        referred to in paragraph (1), surface or stormwater for 
        conservation, conjunctive use, and increased water supplies.

SEC. 3. PROJECT SELECTION.

  (a) Eligible Projects.--A project shall be an eligible project for 
purposes of section 2 only if it is--
          (1) consistent with the plan for flood protection and 
        integrated resources management described in the document 
        entitled ``Draft Programmatic Environmental Impact Statement/
        Environmental Impact Report and Draft Program Financing Plan, 
        Integrated Resources Management Program for Flood Control in 
        the Colusa Basin'', dated May 2000; and
          (2) carried out in accordance with that document and all 
        environmental documentation requirements that apply to the 
        project under the laws of the United States and the State of 
        California.
  (b) Compatibility Requirement.--The Secretary shall ensure that 
projects for which assistance is provided under this Act are not 
inconsistent with watershed protection and environmental restoration 
efforts being carried out under the authority of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or 
the CALFED Bay-Delta Program.

SEC. 4. COST SHARING.

  (a) Non-Federal Share.--The Secretary shall require that the District 
and cooperating non-Federal agencies or organizations pay--
          (1) 25 percent of the costs associated with construction of 
        any project carried out with assistance provided under this 
        Act; and
          (2) 100 percent of any operation, maintenance, and 
        replacement and rehabilitation costs with respect to such a 
        project.
  (b) Planning, Design, and Compliance Assistance.--Funds appropriated 
pursuant to this Act may be made available to fund all costs incurred 
for planning, design, and environmental compliance activities by the 
District or by local agencies acting pursuant to the State statute, in 
accordance with agreements with the Secretary.
  (c) Treatment of Contributions.--For purposes of this section, the 
Secretary shall treat the value of lands, interests in lands (including 
rights-of-way and other easements), and necessary relocations 
contributed by the District to a project as a payment by the District 
of the costs of the project.

SEC. 5. COSTS NONREIMBURSABLE.

  Amounts expended pursuant to this Act shall be considered 
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388; 
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental 
thereto.

SEC. 6. AGREEMENTS.

  Funds appropriated pursuant to this Act may be made available to the 
District or a local agency only if the District or local agency, as 
applicable, has entered into a binding agreement with the Secretary--
          (1) under which the District or the local agency is required 
        to pay the non-Federal share of the costs of construction 
        required by section 4(a); and
          (2) governing the funding of planning, design, and compliance 
        activities costs under section 4(b).

SEC. 7. REIMBURSEMENT.

  For project work (including work associated with studies, planning, 
design, and construction) carried out by the District or by a local 
agency acting pursuant to the State statute in section 2 before the 
date amounts are provided for the project under this Act, the Secretary 
shall, subject to amounts being made available in advance in 
appropriations Acts, reimburse the District or the local agency, 
without interest, an amount equal to the estimated Federal share of the 
cost of such work under section 4.

SEC. 8. COOPERATIVE AGREEMENTS.

  (a) In General.--The Secretary may enter into cooperative agreements 
and contracts with the District to assist the Secretary in carrying out 
the purposes of this Act.
  (b) Subcontracting.--Under such cooperative agreements and contracts, 
the Secretary may authorize the District to manage and let contracts 
and receive reimbursements, subject to amounts being made available in 
advance in appropriations Acts, for work carried out under such 
contracts or subcontracts.

SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.

  Activities carried out, and financial assistance provided, under this 
Act shall not be considered a supplemental or additional benefit for 
purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 
U.S.C. 390aa et seq.).

SEC. 10. APPROPRIATIONS AUTHORIZED.

  Within existing budgetary authority and subject to the availability 
of appropriations, the Secretary is authorized to expend up to 
$25,000,000, plus such additional amount, if any, as may be required by 
reason of changes in costs of services of the types involved in the 
District's projects as shown by engineering and other relevant indexes 
to carry out this Act. Sums appropriated under this section shall 
remain available until expended.

                          PURPOSE OF THE BILL

    The purposes of H.R. 1113 is to assist in the development 
and implementation of projects to provide for the control of 
drainage, storm, flood and other waters as part of water-
related integrated resource management, environmental 
infrastructure, and resource protection and development 
projects in the Colusa Basin Watershed, California.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Colusa Basin watershed covers approximately one million 
acres in three counties (Glenn, Colusa and Northern Yolo) in 
California's upper Sacramento Valley along the Sacramento 
River. Land within the Basin is devoted primarily to 
agriculture production including irrigated crops, orchards, and 
vineyards in the valley lands. The majority of the irrigation 
water is obtained through the Central Valley Project (CVP). In 
addition to water from the CVP, 32 ephemeral (seasonal) streams 
provide additional water to the Basin. The water then flows and 
empties into the 75-mile-long Colusa Basin Drain, which then 
returns to the Sacramento River or the Yolo Bypass.
    Over the decades, devastating floods have repeatedly struck 
the Colusa Basin resulting in costly damages to public and 
private property and loss of life. In 1995 and again in 1998 
the three counties suffered an estimated $100 million in 
damages, with public infrastructure damages accounting for 65 
percent of the loss.
    H.R. 1113 addresses issues associated with water 
management, flood control, drainage and subsidence occurring 
within the multi-county Colusa Basin in California. To minimize 
these problems, the Colusa Basin Drainage District in 
California, covering 600,000 acres of valley land, was formed. 
Projects for which assistance may be provided under this bill 
shall not be inconsistent with watershed protection and 
environmental restoration efforts being carried out under the 
authority of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4706) or the CALFED Bay-Delta Program. 
One of the prime objectives of local project proponents in 
seeking this legislation was to specifically identify a 
Congressional priority for funding from within existing federal 
programs. This authorization does not expand existing federal 
expenditure but is intended to prioritize existing spending.

                            COMMITTEE ACTION

    H.R. 1113 was introduced on March 16, 1999, by Congressman 
Doug Ose (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On April 6, 2000, the Subcommittee held a 
hearing on the bill. On June 15, 2000, the Subcommittee met to 
mark up the bill. No amendments were offered and the bill was 
then ordered to be reported to the Full Committee by voice 
vote. On June 21, 2000, the Full Resources Committee met to 
consider the bill. Congressman John T. Doolittle (R-CA) offered 
an amendment to clarify what projects would be eligible for 
consideration under the bill. The amendment was adopted by 
voice vote. No further amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The short title of the bill is the ``Colusa Basin Watershed 
Integrated Resources Management Act''.

Section 2. Authorization of assistance

    This section authorizes the Secretary of the Interior to 
provide financial assistance to the Colusa Basin Drainage 
District in California. The section also outlines the areas 
where the Secretary of the Interior may assist the Colusa Basin 
Watershed in alleviating its problems.

Section 3. Project selection

    This sections creates a guideline for the Secretary of the 
Interior to use when deciding which projects to assist. 
Eligible projects must be consistent with a recently released 
draft programmatic EIS/EIR prepared by the Bureau of 
Reclamation and local authorities.

Section 4. Cost sharing

    This section specifies the non-federal cost share 
associated with the construction, the operation, maintenance, 
replacement and rehabilitation, and the planning, design and 
compliance assistance of any project carried out under the 
bill.

Section 5. Costs nonreimbursable

    This section declares that money spent due to this bill 
shall be considered nonreimbursable.

Section 6. Agreements

    This section maintains that funds will only be given to the 
local district or agency if, first, the District has entered 
into a contract with the Secretary.

Section 7. Reimbursement

    This section gives the Secretary the power to reimburse the 
district for funds that the district might have previously 
advanced, on behalf of the federal government, that were a 
federal responsibility.

Section 8. Cooperative agreements

    This section authorizes the Secretary to contract with the 
district, as well as letting the districtsubcontract its 
duties, to help in carrying out the purpose of this bill.

Section 9. Relationship to Reclamation Reform Act of 1982

    This section declares that this bill is not a supplement 
nor an addition to the Reclamation Reform Act of 1982.

Section 10. Appropriations authorized

    This section designates the amount of funds that the 
Secretary may use to attain this bill's purposes, and that the 
money will need to come from existing budget authority.

            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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1113, the Colusa 
Basin Watershed Integrated Resources Management Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Applebaum.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1113--Colusa Basin Watershed Integrated Resources

    Summary: H.R. 1113 would authorize the Secretary of the 
Interior to provide financial assistance to the Colusa Basin 
Drainage District for reducing damage from flooding, 
alleviating land subsidence, restoring or preserving wetland 
and riparian habitats, and capturing surface and storm water. 
The Colusa Basin Drainage District covers about 600,000 acres 
of land in California. H.R. 1113 would authorize the 
appropriation of $25 million, plus additional amounts that may 
be necessary to cover increased costs of this assistance that 
are attributable to inflation.
    Assuming appropriation of necessary amounts, CBO estimates 
that implementing H.R. 1113 would cost $11 million over the 
2001-2005 period, and about $16 million after 2005. The bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
    H.R. 1113 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
State and local governments might incur some costs as a result 
of the bill's enactment but those costs would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1113 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--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................        0        1        2        4        4
Estimated Outlays..................................................        0        1        2        4        4
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the beginning of fiscal year 2001 and 
that the estimated amounts necessary to implement the bill will 
be appropriated for each year. The bill would authorize the 
appropriation of $25 million for financial assistance to the 
district. Our estimate of the timing of this spending is based 
on information provided by the Colusa Basin Drainage District. 
CBO estimates that spending of about $16 million would occur 
after 2005, assuming the necessary funds are provided.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1113 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State and local governments might incur some 
costs as a result of the bill's enactment, but those costs 
would be voluntary.
    Estimate prepared by: Federal Costs: Rachel Applebaum; 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller; Impact on the Private Sector: Sarah Sitarek.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                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.