[House Report 105-717]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-717
_______________________________________________________________________


 
 AUTHORIZING THE CONSTRUCTION OF TEMPERATURE CONTROL DEVICES AT FOLSOM 
                           DAM IN CALIFORNIA

                                _______
                                

 September 15, 1998.--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. 4079]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4079) to authorize the construction of temperature 
control devices at Folsom Dam in California, 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. 4079 is to authorize the construction 
of temperature control devices at Folsom Dam in California.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Bureau of Reclamation, based on a regional office 
understanding of authority to construct, commenced a project 
for the addition of a temperature control device (TCD) at 
Folsom Dam near Sacramento, California. Recently, however, the 
Bureau determined that it must seek Congressional authorization 
to complete the construction of the TCD. In response to this 
need, H.R. 4079 was introduced.
    The primary purpose of the TCD is to enable water diverted 
from the dam for municipal purposes to be taken from a location 
higher in the water column, thereby preserving cool water for 
fish enhancement purposes. The result would be greater 
flexibility to make annual releases of cold water into the 
lower American River. These additional releases of cold water 
would be especially beneficial to the steelhead and fall-run 
chinook salmon during the critical July through October period 
of the year when water temperatures tend to reach their annual 
highs.
    A second objective of the TCD identified by the Bureau 
would be to provide regional water purveyors the ability to 
divert water from lake elevations that would improve their 
water quality and help increase additional water diversions 
needed to compensate for new growth. Many municipalities within 
the area, including the City of Roseville and the City of 
Folsom, are in the process of renewing their existing water 
contracts with the Bureau and are dependent on the TCD being 
constructed to exercise these agreements.
    H.R. 4079 authorizes the Secretary of the Interior to 
construct a TCD in accordance with the draft environmental 
impact statement/environmental impact report for the Central 
Valley Supply contracts under Public Law 101-514 (section 206). 
The TCD and associated temperature monitoring facilities will 
be operated as an integral part of the Central Valley Project 
(CVP) for the benefit and propagation of fall-run chinook 
salmon and steelhead trout in the American River, California. 
The non-CVP TCD will be operated by non-federal parties at 
their expense. The bill authorizes appropriation of $5,000,000 
(adjusted for inflation based on October 1997 prices) for the 
Folsom TCD. The bill also authorizes to be appropriated funding 
for a non-CVP TCD in the sum of $2,000,000 (October 1997 
prices). Finally, the bill authorizes to be appropriated such 
amounts as are required for operation, maintenance, and 
replacement of the TCDs on Folsom Dam and associated 
temperature monitoring facilities.

                            COMMITTEE ACTION

    H.R. 4079 was introduced on June 18, 1998, by Congressman 
John T. Doolittle (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On July 29, 1998, the Full 
Resources Committee met to consider H.R. 4079. At that time, 
the Subcommittee on Water and Power was discharged from further 
consideration of the bill 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

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X 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 H.R. 4079.

                        COST OF THE LEGISLATION

    Clause 7(a) 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 
H.R. 4079. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
4079 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. According to the Congressional 
Budget Office, enactment of H.R. 4079 would decrease direct 
spending by approximately $400,000 over the 1999-2003 time 
period.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI 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 and 
Oversight on the subject of H.R. 4079.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 
4079 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 10, 1998.
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. 4079, a bill to 
authorize the construction of temperature control devices at 
Folsom Dam in California.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gary Brown.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 4079--A bill to authorize the construction of temperature control 
        devices at Folsom Dam in California

    Summary: H.R. 4079 would authorize the Secretary of the 
Interior, acting through the Bureau of Reclamation, to 
construct devices for controlling and monitoring water 
temperatures at Folsom Dam and certain nonfederal facilities. 
Temperature control devices allow water to be diverted from a 
higher point in the water column of a reservoir, thereby 
preserving cool water for fish. The bill would authorize the 
appropriation of $7 million (in October 1997 dollars) for 
construction and such sums as necessary for operating, 
maintaining, and replacing the devices. A portion of these 
amounts would be repaid by water and power users in the region.
    CBO estimates that implementing H.R. 4079 would result in 
additional outlays of $7 million over the 1999-2003 period, 
assuming the appropriation of the necessary amounts. H.R. 4079 
would affect direct spending; therefore, pay-as-you-go 
procedures would apply. CBO estimates that enacting H.R. 4079 
would decrease direct spending by about $400,000 over the 1999-
2003 period. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would have no significant impact on the budgets of 
state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4079 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]
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level.............................        0        7  ( \1\ )  ( \1\ )  ( \1\ )  ( \1\ )
Estimated outlays.........................................        0        5        1        1  ( \1\ )  ( \1\ )
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.

    Basis of estimate: For purposes of this estimate, CBO 
assumes that the bill will be enacted by the beginning of 
fiscal year 1999 and that the estimated amounts necessary to 
implement the bill will be appropriated each year.
    Spending subject to appropriation: H.R. 4079 would 
authorize the appropriation of $5 million for constructing a 
temperature control device and monitoring apparatus at Folsom 
Dam and $2 million for constructing similar mechanisms at 
nearby nonfederal facilities. Those amount are authorized in 
October 1997 dollars and may be adjusted to reflect inflation, 
but such adjustments would not be significant if funds are 
provided in the next year or two. Based on information provided 
by the bureau, CBO expects that construction at Folsom Dam 
would be completed in 1999 and that construction at nonfederal 
facilities would be completed by 2001, if the necessary 
appropriations are provided. CBO estimates that the annual cost 
of operating, maintaining, and replacing these devices over the 
1999-2003 period would be negligible.
    Direct spending: About $4 million of the cost of 
constructing the temperature control device and monitoring 
apparatus at Folsom Dam would be repaid by water and power 
users. (The costs of devices at nonfederal facilities would not 
be repaid.) CBO estimates that repayments would total $140,000 
annually over the 2001-2030 period. (Because water and power 
rates are set one year in advance, there would be a one-year 
lag between the year the project is completed, 1999, and the 
year that repayment begins.)
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting H.R. 4079 would affect direct spending 
but that there would be no significant impact in any year. 
Enacting this legislation would not affect governmental 
receipts.
    Estimated intergovernmental and private sector impact: H.R. 
4079 contains no intergovernmental or private-sector mandates 
as defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Estimate prepared by: Gary Brown.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 4079 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 4079 would make no changes in existing 
law.

                                
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