[House Report 108-646]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-646

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

 
   TO AUTHORIZE THE SECRETARY OF THE INTERIOR, THROUGH THE BUREAU OF 
 RECLAMATION, TO CONDUCT A FEASIBILITY STUDY ON THE ALDER CREEK WATER 
 STORAGE AND CONSERVATION PROJECT IN EL DORADO COUNTY, CALIFORNIA, AND 
                           FOR OTHER PURPOSES

                                _______
                                

 September 7, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3597]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3597) to authorize the Secretary of the Interior, through 
the Bureau of Reclamation, to conduct a feasibility study on 
the Alder Creek water storage and conservation project in El 
Dorado County, California, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. STUDY AND REPORT.

  (a) Study.--Pursuant to the Reclamation Act of 1902 (32 Stat. 388) 
and Acts amendatory thereof and supplemental thereto, the Secretary of 
the Interior (referred to in this section as the ``Secretary''), 
through the Bureau of Reclamation, and in consultation and cooperation 
with the El Dorado Irrigation District, is authorized to conduct a 
study to determine the feasibility of constructing a project on Alder 
Creek in El Dorado County, California, to store water and provide water 
supplies during dry and critically dry years for consumptive use, 
recreation, in-stream flows, irrigation, and power production.
  (b) Report.--
          (1) Transmission.--Upon completion of the study authorized by 
        subsection (a), the Secretary shall transmit to the Committee 
        on Resources of the House of Representatives and the Committee 
        on Energy and Natural Resources of the Senate a report 
        containing the results of the study.
          (2) Contents of report.--The report shall contain appropriate 
        cost sharing options for the implementation of the project 
        based upon the use and possible allocation of any stored water.
          (3) Use of available materials.--In developing the report 
        under this section, the Secretary shall use reports and any 
        other relevant information supplied by the El Dorado Irrigation 
        District.
  (c) Cost Share.--
          (1) Federal share.--The Federal share of the costs of the 
        feasibility study authorized by this section shall not exceed 
        50 percent of the total cost of the study.
          (2) In-kind contribution for non-federal share.--The 
        Secretary may accept as part of the non-Federal cost share the 
        contribution such in-kind services by the El Dorado Irrigation 
        District as the Secretary determines will contribute to the 
        conduct and completion of the study.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 to carry out this section.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3597 is to authorize the Secretary of 
the Interior, through the Bureau of Reclamation, to conduct a 
feasibility study on the Alder Creek water storage and 
conservation project in El Dorado County, California.

                  BACKGROUND AND NEED FOR LEGISLATION

    Like many other areas in the western United States, El 
Dorado County, California, faces constant water supply 
shortages. The El Dorado Irrigation District (EID), which 
delivers water supplies to the area's rapidly growing 
population, has developed some alternative water sources 
through recycling and conservation measures. However, in light 
of drought and growing environmental and human demands, many 
believe that more traditional storage projects should be 
developed to enhance the area's water supplies during dry and 
critically dry years.
    Specifically, the Alder Creek Water Storage and 
Conservation Project would include the construction of a 31,000 
acre foot reservoir that could yield approximately 11,500 acre 
feet of additional water per year. The Project's supporters 
believe that this added yield will augment the EID's existing 
water delivery system, increase in-stream flows to the American 
River to benefit fall-run Chinook salmon and Steelhead trout, 
and add hydropower resources.
    As ordered reported, H.R. 3597 would authorize the 
Secretary of the Interior--through the Bureau of Reclamation--
to carry out a feasibility study on constructing the Project. 
The federal cost share for the feasibility study will not 
exceed 50 percent of the total cost. Upon completion of the 
study, the Secretary will submit a report to Congress detailing 
full project cost sharing options and other relevant matters. 
The Secretary is directed to use information and in- kind 
contributions by the EID in developing the study and the 
report. As ordered reported, the legislation authorizes $3 
million to be appropriated for these purposes.

                            COMMITTEE ACTION

    H.R. 3597 was introduced by Congressman John T. Doolittle 
(R-CA) on November 21, 2003. The bill was referred to the 
Committee on Resources and within the Committee to the 
Subcommittee on Water and Power. On May 18, 2004, the 
Subcommittee held a hearing on the bill. On June 16, 2004, the 
Subcommittee met to mark up the bill. Subcommittee Chairman Ken 
Calvert (R-CA) offered an amendment in the nature of a 
substitute to increase the bill's authorization to $3 million 
and made a number of technical changes. The amendment was 
adopted by unanimous consent, and the Subcommittee forwarded 
the bill, as amended, to the Full Resources Committee by 
unanimous consent. On July 14, 2004, the Full Resources 
Committee met to consider the bill. No further amendments were 
offered and the bill as amended was favorably reported to the 
House of Representatives by unanimous consent.

                           SECTION-BY-SECTION

Section 1. Study and report

    As ordered reported, this section authorizes the Secretary 
of the Interior, in cooperation with the El Dorado Irrigation 
District, to conduct a study determining the feasibility of a 
water storage project on Alder Creek, in El Dorado County, 
California. The Secretary shall submit a report to Congress on 
the results of the study as well as cost sharing options. In 
developing this report, the Secretary of the Interior shall use 
relevant information supplied by the El Dorado Irrigation 
District. The federal cost share of the feasibility study shall 
not exceed 50 percent of the total cost. In addition, the 
Secretary may except in-kind services by the El Dorado 
Irrigation District as part of the local cost share. As ordered 
reported, $3 million is authorized to be appropriated to carry 
out this section.

            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 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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, through the Bureau of Reclamation, to conduct a 
feasibility study on the Alder Creek water storage and 
conservation project in El Dorado County, California.
    4. Congressional Budget Office Cost Estimate. 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 2004.
Hon. Richard W. Pombo,
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. 3597, a bill to 
authorize the Secretary of the Interior, through the Bureau of 
Reclamation, to conduct a feasibility study on the Alder Creek 
water storage and conservation project in El Dorado County, 
California, and for other purposes
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                         Elizabeth Robinson
                                         (For Douglas Holtz-Eakin).
    Enclosure.

H.R. 3597--A bill to authorize the Secretary of the Interior, through 
        the Bureau of Reclamation, to conduct a feasibility study on 
        the Alder Creek water storage and conservation project in El 
        Dorado County, California, and for other purposes.

    Summary: H.R. 3597 would authorize the appropriation of $3 
million for a study to determine the feasibility of 
constructing a project on Alder Creek in California to store 
and provide water during dry years. The federal share of the 
cost of the study would not exceed 50 percent.
    Assuming appropriation of the authorized amount, CBO 
estimates that implementing H.R. 3597 would cost $3 million 
over the 2005-2006 period. Enacting this bill would not affect 
direct spending or revenues.
    H.R. 3597 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. Any state or local government choosing to 
participate in this study would do so voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3597 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    For this estimate, CBO assumes that H.R. 3596 will be 
enacted near the end of fiscal year 2004 and that the 
authorized amount will be appropriated in 2005. Based on 
historical spending patterns of similar projects, CBO estimates 
that implementing this bill would cost $3 million over the 
2005-2006 period.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2005      2006      2007      2008      2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level...........................................         3         0         0         0         0
Estimated Outlays.............................................         2         1         0         0         0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 3597 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Any state or local government choosing to 
participate in this study would do so voluntarily.
    Estimate prepared by: Federal Costs: Julie Middleton; 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller; and Impact on the Private Sector: Crystal Taylor.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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