[Senate Report 107-329]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 746
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     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

                              R E P O R T

                         [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, 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,
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
------------------------------------------------------------------------

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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