[Senate Report 105-378]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 643
105th Congress                                                   Report
                                 SENATE
 2d Session                                                     105-378
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 AUTHORIZING THE CONSTRUCTION OF TEMPERATURE CONTROL DEVICES AT FOLSOM 
                           DAM IN CALIFORNIA

                                _______
                                

  October 7 (legislative day, October 2), 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4079]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 4079) to authorize the construction of 
temperature control devices at Folsom Dam in California, having 
considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         purpose of the measure

    The legislation authorizes the Secretary of the Interior to 
construct a temperature control device at Folsom Dam and also 
on facilities delivering water from Folsom.

                          background and need

    Temperature control devices allow water to be diverted from 
different levels within the water column of a reservoir 
permitting regulation of water temperature downstream. A 
similar device was authorized and constructed at Shasta dam 
under section 3406(b)(6) of the Central Valley Project 
Improvement Act (title XXIV of P.L. 102-575) and the Secretary 
arguably has authority to install similar devices at other 
facilities within the Central Valley for the purposes of fish 
recovery and enhancement. This authorization, however, will 
clarify the authority of the Secretary to construct such a 
device at Folsom Dam and on associated facilities delivering 
water from Folsom.

                          legislative history

    H.R. 4079 was introduced on June 18, 1998 by Congressman 
Doolittle and referred to the House Resources Committee. The 
measure was ordered reported to the House on July 29, 1998 and 
passed the House amended by voice vote under suspension of the 
rules on September 15, 1998. The Senate Committee on Energy and 
Natural Resources has not held a hearing on the bill.
    At the business meeting on September 23, 1998, the 
Committee on Energy and Natural Resources ordered H.R. 4079 
favorably reported without amendment.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on September 23, 1998, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
4079, without amendment.

                      section-by-section analysis

    Section 1(a) authorizes the Secretary of the Interior to 
construct a temperature control device at Folsom Dam and to 
operate the device as part of the Central Valley Project.
    Subsection 1(b) authorized the Secretary to construct or 
assist in the construction of temperature control devices at 
non-Federal facilities delivering Central Valley Project water 
from Folsom Dam.
    Subsection 1(c) authorizes $5 million for the device at 
Folsom and $1 million for the device or devices at non-Federal 
facilities as well as such sums as may be needed to operate the 
device at Folsom.

                   cost and budgetary considerations

    An estimate of the cost of this measure has been requested 
from the Congressional Budget Office, but has not been received 
as of the date of filing of this report. When the estimate is 
received, the Chairman will have it printed in the 
Congressional Record for the advice of the Senate. CBO 
estimated that H.R. 4079, as reported by the House Committee, 
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. The bill contains no 
intergovernmental or private-sector mandates . . . ''.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 4079. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and business.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 4079, as ordered reported.

                        executive communications

    The Committee has not held hearings on this measure and has 
not requested formal Executive agency recommendations.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill H.R. 4079, as 
ordered reported.

                                
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