19–010

Calendar No. 746

107TH CONGRESS REPORT

2d Session " ! SENATE 107-329

A BILL TO AUTHORIZE THE PROJECT FOR ENVIRONMENTAL RESTORATION AT PINE FLAT DAM, CALIFORNIA

NOVEMBER 4, 2002.—Ordered to be printed

Filed, under the authority of the order of the Senate of October 17, 2002

Mr. JEFFORDS, from the Committee on Environment and Public

Works, submitted the following

REPORT

[to accompany S. 2999]

[Including cost estimate of the Congressional Budget Office]

The Committee on Environment and Public Works, to which was

referred a bill (S. 2999) to authorize the project for environmental

restoration at Pine Flat Dam, California having considered the

same, reports favorably without amendment and recommends that

the bill do pass.

GENERAL STATEMENT AND BACKGROUND

Projects and project modifications are ready for authorization by

Congress after they have completed a reconnaissance and a feasibility study and received a positive recommendation from the Chief

of Engineers in the form of a completed, signed Chief’s Report. The

project authorized by S. 2999 has met these requirements. This bill

authorizes a project for environmental restoration at Pine Flat

Dam, California.

This project is located at Pine Flat Dam in Fresno County, California. The Army Corps of Engineers completed construction of the

dam in 1954. Since construction of the project there has been a recurring problem of warm water temperatures in Pine Flat Lake

and downstream in the lower Kings River. The lower Kings River

has also experienced loss of highly significant riparian habitat,

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shaded riverine aquatic habitat, and oak-woodland habitat. The

project authorizes an environmental restoration project for the restoration of the native coldwater fishery habitat for about 13 miles

of the lower Kings River and in the Pine Flat Lake reservoir, and

restoration of about 143.5 acres of riparian and shaded riverine

aquatic habitat at Byrd Slough. The Chief’s Report was completed

in July 2002, and the project received a favorable recommendation.

OBJECTIVES OF THE LEGISLATION

S. 2999 authorizes the project.

SECTION-BY-SECTION ANALYSIS

Section 1. Pine Flat Dam, California

This section authorizes the project at a total cost of $37,100,000 with an estimated Federal cost of $24,116,000 and an estimated

non-Federal cost of $12,984,000.

LEGISLATIVE HISTORY

Senator Boxer introduced S. 2999 on September 24, 2002. The

bill was referred to the Committee on Environment and Public

Works. No hearing was held on the bill. The committee considered

the bill in a business meeting on September 26, 2002 and ordered

the bill reported to the Senate.

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 2999 on September 26, 2002. The committee favorably reported the bill by voice vote. Senators Smith and Voinovich recorded a ‘‘no’’ vote.

REGULATORY IMPACT STATEMENT

The bill does not create any additional regulatory burdens, nor

will it cause any adverse impact on the personal privacy of individuals.

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995

(Public Law 104–4), the committee finds that S. 2999 would impose

no unfunded mandates on State, local, or tribal governments.

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill,

prepared by the Congressional Budget Office, be included in the report. That statement follows:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, October 7, 2002.

Hon. JAMES M. JEFFORDS, Chairman,

Committee on Environment and Public Works,

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U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2999, a bill to authorize the

project for environmental restoration, Pine Flat Dam, Fresno County, California.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Julie Middleton, who can

be reached at 226–2860.

Sincerely,

DAN L. CRIPPEN.

S. 2999, A bill to authorize the project for environmental restoration, Pine Flat Dam, Fresno County, California, as ordered reported by the Senate Committee on Environment and Public

Works on September 26, 2002

Summary

S. 2999 would authorize the Secretary of the Army through the

U.S. Army Corps of Engineers to implement a project to restore

fishery habitat and streamside vegetation, and other environmental

restoration projects at Pine Flat Dam in California. The bill would

authorize a total project cost of $37.1 million (in 2001 dollars),

which could be adjusted for inflation. Under this bill, the Federal

share of the cost would be $24.1 million and the nonFederal share

of the cost would be $12.9 million.

Assuming appropriation of the necessary amounts, including adjustments for anticipated inflation, CBO estimates that the Federal

cost for implementing this bill would total about $23 million over

the 2003–2007 period, and an additional $4 million after that period. Enacting S. 2999 would not affect direct spending or revenues.

S. 2999 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA)

and would impose no costs on State, local, or tribal governments.

The Federal assistance authorized by this bill would benefit any

State and local governments choosing to participate in this project.

Any costs they would incur to comply with the conditions of this

assistance, including matching requirements, would be voluntary.

Estimated Cost to the Federal Government

The estimated budgetary impact of S. 2999 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

2003 2004 2005 2006 2007

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level ................................................................................ 0 4 8 8 6

Estimated Outlays ................................................................................................... 0 3 6 7 7

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Basis of Estimate

For this estimate, CBO assumes that S. 2999 will be enacted in

fiscal year 2003 and that amounts will be appropriated to meet the

anticipated construction schedule for the project. Based on information from the Army Corps of Engineers, CBO estimates that implementing this bill would cost about $23 million over the 2003–2007

period, including adjustments for anticipated inflation, and an additional $4 million after that period. (Those amounts represent the

Federal share of the project’s cost.)

Intergovernmental and Private-Sector Impact

S. 2999 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State,

local, or tribal governments. The Federal assistance authorized by

this bill would benefit any State and local governments choosing to

participate in this project. Any costs they would incur to comply

with the conditions of this assistance, including matching requirements, would be voluntary.

Estimate Prepared By: Federal Costs: Julie Middleton; Impact on

State, Local, and Tribal Governments: Marjorie Miller; Impact on

the Private Sector: Lauren Marks.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

CHANGES IN EXISTING LAW

Section 12 of rule XXVI of the Standing Rules of the Senate requires the committee to publish changes in existing law made by

the bill as reported. Passage of this bill will make no changes to

existing law.

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