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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-442

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



 
               LAKE THUNDERBIRD EFFICIENT USE ACT OF 2011

                                _______
                                

 April 16, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3263]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3263) to authorize the Secretary of the Interior 
to allow the storage and conveyance of nonproject water at the 
Norman project in Oklahoma, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3263 is to authorize the Secretary of 
the Interior to allow the storage and conveyance of non-project 
water at the Norman Project in Oklahoma.

                  Background and Need for Legislation

    Lake Thunderbird was developed as part of the Federal 
Norman Project in the early 1960s. The Norman Project is 
located on the Little River in central Oklahoma and includes 
Lake Thunderbird, Norman Dam, and a water conveyance pumping 
and pipeline system that provides supplemental water to the 
Oklahoma cities of Norman, Del City, and Midwest City. 
Additional uses include flood control and recreation. Since 
1966, the Central Oklahoma Master Conservancy District 
(District) has operated and maintained the Norman Project under 
contract with the Bureau of Reclamation (Reclamation).
    The Lake Thunderbird watershed experienced a major drought 
in 2005 and 2006, which resulted in the lowest lake level since 
the dam was constructed. That drought highlighted the need for 
additional water supply. Reclamation and the District have 
determined that Lake Thunderbird has the capacity to store up 
to 4,600 acre feet of non-project water. The District wants the 
ability to purchase non-project water from Oklahoma City to 
augment storage in Lake Thunderbird during times of drought.
    Reclamation has general authority under the Warren Act of 
1911 to allow for the storage and conveyance of non-project 
water. However, Reclamation does not have the administrative 
authority to approve the Lake Thunderbird action since the 
water does not originate within the same watershed. H.R. 3263 
would give Reclamation such authority by amending the 
underlying Norman Project authorization. All costs, including 
water costs and environmental planning, would be borne by the 
water users.

                            Committee Action

    H.R. 3263 was introduced on October 26, 2011, by 
Congressman Tom Cole (R-OK). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water and Power. On December 2, 2011, the 
Subcommittee held a hearing on the bill. On February 29, 2012, 
the Full Natural Resources Committee met to consider the bill. 
The Subcommittee on Water and Power was discharged by unanimous 
consent. No amendments were offered and the bill was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            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. 3263--Lake Thunderbird Efficient Use Act of 2011

    H.R. 3263 would authorize the Secretary of the Interior to 
allow the Norman water project in central Oklahoma to store 
water conveyed from other projects. Enacting H.R. 3263 would 
affect direct spending; therefore, pay-as-you-go procedures 
apply. Based on information from the Bureau of Reclamation, 
however, CBO estimates that any impact on net direct spending 
would be negligible. Enacting the legislation would not affect 
revenues.
    The Norman Project consists of Norman Dam, Lake 
Thunderbird, and a pipeline system. It provides municipal and 
industrial water and flood protection to nearby communities. In 
1966, the operation and maintenance responsibilities for the 
project were transferred from the federal government to the 
Central Oklahoma Master Conservancy District.
    H.R. 3263 would authorize the bureau to approve the 
conveyance and storage of water from other water projects in 
Lake Thunderbird. Under the bill, the district would purchase 
water from Oklahoma City's Atoka Reservoir by accessing the 
nearby Atoka pipeline. The district would be required to pay 
all costs associated with constructing any additional 
facilities and associated operation and maintenances costs. 
Based on information from the bureau, CBO estimates that 
enacting the bill would affect direct spending (through the 
collection and spending of receipts), but such effects would 
not be significant.
    H.R. 3263 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On January 12, 2012, CBO transmitted a cost estimate for S. 
802, the Lake Thunderbird Efficient Use Act of 2011, as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on November 10, 2011. The two pieces of legislation 
are similar, and the CBO cost estimates are the same.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by Theresa Gullo, 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information from the 
Bureau of Reclamation, CBO estimates that enacting the bill 
would affect direct spending through the collection and 
spending of receipts, but any impact on net direct spending 
would be negligible.
    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 is to authorize the Secretary of the 
Interior to allow the storage and conveyance of non-project 
water at the Norman Project in Oklahoma.

                           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 as defined under 
Public Law 104-4.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                          ACT OF JUNE 27, 1960

                          (Public Law 86-529)

    AN ACT To authorize the Secretary of the Interior to construct, 
   operate, and maintain the Norman project, Oklahoma, and for other 
purposes.

           *       *       *       *       *       *       *


SEC. 10. LAKE THUNDERBIRD.

  (a) In General.--If the Secretary of the Interior determines 
that there is enough excess capacity in the reservoir on the 
Little River known as ``Lake Thunderbird'' that nonproject 
water can be stored in Lake Thunderbird, the Secretary of the 
Interior may, in accordance with the reclamation laws, amend an 
existing contract, or enter into 1 or more new contracts, with 
the Central Oklahoma Master Conservancy District for the 
storage and conveyance of nonproject water in Norman project 
facilities to augment municipal and industrial supplies for the 
cities served by the Central Oklahoma Master Conservancy 
District.
  (b) Costs.--If any additional infrastructure is needed to 
enable the storage and conveyance of non-project water in 
Norman project facilities under subsection (a) or any other 
provision of this Act, the costs of constructing, operating, 
and maintaining the infrastructure shall be the responsibility 
of the non-Federal entity contracting with the Secretary of the 
Interior for storage and conveyance rights.