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Statement of Administration Policy: H.R. 355 - Reclamation Drought Assistance Act Amendments

March 19, 1991

STATEMENT OF ADMINISTRATION POLICY

Sent to House Floor 3/20/91
(House Rules)
(Lehman (D) California)

The Administration shares Congress' concern over the serious impact of drought in the West. In response, the Department of the Interior submitted legislation, introduced as H.R. 1247, which would provide the Secretary with the authority to address problems arising from temporary droughts. Although many of the same authorities are found in H.R. 355, as reported by the House Interior and Insular Affairs Committee, a number of objectionable provisions have been added. The Administration opposes H.R. 355, unless these provisions are deleted or amended.

The Administration urges the House to delete:

—   Section 204, which would authorize congressional committees to terminate a 60-day review period for certain drought contingency plans. This violates the separation of powers, See: Chadha v. INS. 462 U.S. 919 (1983), by subjecting Executive branch action to veto or approval by committees of Congress.

—   Section 307, which would require the Secretary to submit concurrently a report to Congress and the President. This violates the separation of powers by infringing on the President's authority to control the presentation of Executive branch views to Congress.

—   Sections 104(a) and 104(c), which would exempt temporary drought actions from the National Environmental Policy Act of 1969 (NEPA) and the Federal Paperwork Reduction Act (FPRA). Existing regulations adequately provide for expedited consideration in emergency situations. Exemption from either act is unnecessary and an undesirable precedent.

—   Section 304, which would authorize $12 million to begin design and construction of a temperature control device at Shasta Dam in California. Prior to completion of a nearly 2-year-long study, construction of facilities, estimated to cost over $50 million, cannot be justified. Water temperature is being controlled through existing management practices at the dam.

The Administration urges the House to amend:

—   Sections 101(a), 203(a)(1), 203(a)(3), and 305, to clarify the Secretary's authority to acquire and provide water for purposes not recognized as beneficial in some States.

—   Section 101(c), to better define which watersaving actions go beyond the efficiencies already required by contract, and which water is available for Secretarial purchase.

—   Sections 102(d) and 102(e), to require States or project beneficiaries to pay for fish and wildlife resource expenses, as if required under normal conditions.

—   Section 103, to clarify that cost-sharing requirements for the construction of salt water barriers in the Sacramento-San Joaquin Delta, California, must be consistent with Administration policy.

Scoring for the Purpose of Pay-As-You-Go and the Caps

H.R. 355 would authorize a minimum of $42 million in additional domestic discretionary funding subject to domestic discretionary caps in the appropriation process. In addition, the Shasta temperature control device, for which the bill only authorizes $12 million, would require an estimated'$40 million in additional authority to complete construction. H.R. 355 could slightly increase federal receipts; OMB's preliminary scoring estimates of this bill are less than $1 million per year.

George Bush, Statement of Administration Policy: H.R. 355 - Reclamation Drought Assistance Act Amendments Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/330689

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