[House Report 108-525]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-525
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AMENDING PUBLIC LAW 99-338 TO AUTHORIZE THE CONTINUED USE OF CERTAIN
LANDS WITHIN THE SEQUOIA NATIONAL PARK BY PORTIONS OF AN EXISTING
HYDROELECTRIC PROJECT
_______
June 4, 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. 3932]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3932) to amend Public Law 99-338 to authorize the
continued use of certain lands within the Sequoia National Park
by portions of an existing hydroelectric project, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. AUTHORIZATION TO REISSUE PERMIT.
The first section of Public Law 99-338 is amended by striking ``one
renewal'' and inserting ``3 renewals''.
SEC. 2. TERMS AND CONDITIONS.
Section 3 of Public Law 99-338 is amended to read as follows:
``Sec. 3. The permit shall contain the following provisions:
``(1) A prohibition on expansion of the Kaweah Project in
Sequoia National Park.
``(2) A requirement that an independent safety assessment of
the Kaweah Project be conducted, and that any deficiencies
identified as a result of the assessment would be corrected.
``(3) A requirement that the Secretary prepare and submit to
Congress an update of the July 1983 report on the impact of the
operations of the Kaweah No. 3 facility on Sequoia National
Park.
``(4) Any other reasonable terms and conditions that the
Secretary of the Interior deems necessary and proper for the
management and care of Sequoia National Park and the purposes
for which it was established.''.
Amend the title so as to read:
A bill to amend Public Law 99-338 to authorize the
continued use of certain lands within the Sequoia National Park
by portions of an existing hydroelectric project, and for other
purposes.
Purpose of the Bill
The purpose of H.R. 3932 is to amend Public Law 99-338 to
authorize the continued use of certain lands within the Sequoia
National Park by portions of an existing hydroelectric project,
and for other purposes.
Background and Need for Legislation
On December 21, 1943, Congress expanded the boundaries of
the Sequoia National Park, and in doing so acquired lands that
included portions of the Kaweah Hydroelectric Project operated
by Southern California Edison Company. The Company has been
operating the project on site since it went online on May 29,
1913. From 1943 through 1986, Congress authorized the Secretary
of the Interior to extend the company's permit to operate the
project in the Park. In 1986, Congress again reauthorized the
Secretary of the Interior to issue a permit for the operation,
plus authorized a renewal for ten more years, through 1996. The
Company did renew its permit, which expires in 2006.
To bring more certainty to the renewal process, H.R. 3932
would authorize the Secretary of the Interior to reauthorize
the permit to operate as well as authorize the issuance of two
additional 10-year renewals, which would allow the Company to
operate the project through 2026.
Committee Action
H.R. 3932 was introduced on March 10, 2004, by Congressman
Devin Nunes (R-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On March 29, 2004,
the Subcommittee held a hearing on the bill. On May 5, 2004,
the Full Resources Committee met to consider the bill.
Congressman Nunes offered an amendment in the nature of a
substitute that (1) prohibits the expansion of the Kaweah
Project in the Park; (2) requires an independent safety
assessment of the Project and any deficiencies identified and
corrected; and (3) requires the Secretary of Interior to update
the July 1983 report on the impact of the Project on the Park.
It was adopted by unanimous consent. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by unanimous consent.
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 and Article IV, section 3 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. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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, May 13, 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. 3932, a bill to
amend Public Law 99-338 to authorize the continued use of
certain lands within the Sequoia National Park by portions of
an existing hydroelectric project, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 3932--A bill to amend Public Law 99-338 to authorize the continued
use of certain lands within the Sequoia National Park by
portions of an existing hydroelectric project, and for other
purposes.
H.R. 3932 would authorize the Secretary of the Interior to
renew a permit that allows portions of a hydroelectric project
to operate within the Sequoia National Park in California. The
current permit expires in 2006 and could be extended for two
additional 10-year terms under the bill. The permit renewals
would be subject to certain conditions, such as studies of the
safety of the project and the impact of the facility on Sequoia
National Park. Based on information from the Department of the
Interior, we expect the studies would be paid for by the owner
of the hydroelectric project. Thus, CBO estimates that H.R.
3932 would have no significant impact on the federal budget.
H.R. 3392 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Lisa Cash
Driskill. This estimate was 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
JOINT RESOLUTION OF JUNE 19, 1986
(Public Law 99-338)
Joint Resolution To authorize the continued use of certain lands within
the Sequoia National Park by portions of an existing hydroelectric
project.
* * * * * * *
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Secretary of the Interior is hereby authorized to issue a
permit for ten years, and may issue not more than [one renewal]
3 renewals of equivalent duration, for portions of an existing
hydroelectric project, known as the Kaweah Project of Southern
California Edison Company, to continue to occupy and use lands
of the United States within Sequoia National Park as necessary
for continued operation and maintenance.
* * * * * * *
[Sec. 3. The permit shall contain a provision prohibiting
expansion of the Kaweah Project in Sequoia National Park and
shall also contain such other terms and conditions as the
Secretary of the Interior shall deem necessary and proper for
the management and care of Sequoia National Park and the
purposes for which it was established.]
Sec. 3. The permit shall contain the following provisions:
(1) A prohibition on expansion of the Kaweah Project
in Sequoia National Park.
(2) A requirement that an independent safety
assessment of the Kaweah Project be conducted, and that
any deficiencies identified as a result of the
assessment would be corrected.
(3) A requirement that the Secretary prepare and
submit to Congress an update of the July 1983 report on
the impact of the operations of the Kaweah No. 3
facility on Sequoia National Park.
(4) Any other reasonable terms and conditions that
the Secretary of the Interior deems necessary and
proper for the management and care of Sequoia National
Park and the purposes for which it was established.