H. Rept. 112-303 - AMENDING THE WILD AND SCENIC RIVERS ACT RELATED TO A SEGMENT OF THE LOWER MERCED RIVER IN CALIFORNIA, AND FOR OTHER PURPOSES112th Congress (2011-2012)
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112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-303
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AMENDING THE WILD AND SCENIC RIVERS ACT RELATED TO A SEGMENT OF THE
LOWER MERCED RIVER IN CALIFORNIA, AND FOR OTHER PURPOSES
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December 1, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2578]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2578) to amend the Wild and Scenic Rivers Act
related to a segment of the Lower Merced River in California,
and for other purposes, 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. 2578 is to amend the Wild and Scenic
Rivers Act related to a segment of the Lower Merced River in
California.
Background and Need for Legislation
H.R. 2578 would adjust the Merced Wild and Scenic River
boundary to coincide with the Federal Energy Regulatory
Commission (FERC) operational boundary for the Merced
Irrigation District's (MID) New Exchequer Dam project at Lake
McClure on the Merced River.
When the Merced Wild and Scenic River was designated, it
encroached nearly half a mile into an existing FERC operational
boundary for the Exchequer Dam. Aligning the Merced Wild and
Scenic River boundary with the standing project boundary will
allow FERC to consider for MID's relicensing a temporary
seasonal increase of Lake McClure that is 10 feet above the
currently established 867 feet mean sea level. This would be
for a maximum of 60 days from May 1 to July 31 during above-
normal water years in an area that naturally floods to levels
over 890 feet and impacts less than one mile of the 122.5 miles
of the Merced River.
Wild and Scenic River designations are not absolute. The
ability to create or annex Wild and Scenic River designations
provides the same latitude for reducing or limiting them.
Congress can adjust Wild and Scenic River boundaries,
especially if it serves a greater good.
The bill is common sense legislation that will allow for
desperately needed storage of up to 70,000 acre-feet of water,
which has the potential for the generation of an additional
10,000 mega-watt hours of clean renewable electricity,
increased recreation activity in the area and agricultural
benefits, as well as the creation of about 840 jobs. It will
also increase desperately needed water supply to the San
Joaquin Valley.
Committee Action
H.R. 2578 was introduced on July 18, 2011, by Congressman
Jeff Denham (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On July 16, 2011,
the Subcommittee held a hearing on the bill. On October 5,
2011, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on National Parks, Forests and Public
Lands was discharged by unanimous consent. No amendments were
offered, and the bill was ordered favorably reported to the
House of Representatives by voice vote.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 2578--A bill to amend the Wild and Scenic Rivers Act related to a
segment of the Lower Merced River in California, and for other
purposes
Under current law, certain portions of the Lower Merced
River in California are designated as wild and scenic under the
Wild and Scenic Rivers Act, which specifies procedures and
policies regarding the use of such rivers and adjacent lands.
H.R. 2578 would remove that designation from about one-half
mile of the river. According to the Bureau of Land Management
(BLM), this change would effectively expand the boundary of a
hydroelectric facility (project number 2179) licensed by the
Federal Energy Regulatory Commission (FERC).
CBO estimates that implementing H.R. 2578 would have no
significant impact on the federal budget. Based on information
from BLM, we estimate that any changes in the agency's costs to
manage the affected area would not exceed $500,000 in any year,
assuming the availability of appropriated funds. Modifying the
boundary of FERC project 2179 could affect FERC's costs related
to licencing and regulating that project. However, because FERC
recovers 100 percent of its costs through user fees, any change
in administrative costs (which are controlled through annual
appropriation acts) would be offset by an equal change in fees
that the commission charges, resulting in no net change in
federal spending.
Enacting H.R. 2578 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 2578 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 contacts for this estimate are Megan Carroll
and Jeff LaFave. The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
2. Section 308(a) of 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. CBO estimates that
implementing H.R. 2578 would have no significant impact on the
federal budget. Based on information from the Bureau of Land
Management, CBO estimates that any changes in the agency's
costs to manage the affected area would not exceed $500,000 in
any year, assuming the availability of appropriated funds.
Modifying the boundary of the Federal Energy Regulatory
Commission (FERC) project 2179 could affect FERC's costs
related to licensing and regulating that project. However,
because FERC recovers 100 percent of its costs through user
fees, any change in administrative costs (which are controlled
through annual appropriation acts) would be offset by an equal
change in fees that the commission charges, resulting in no net
change in federal spending.
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 amend the Wild and Scenic Rivers
Act related to a segment of the Lower Merced River in
California.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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):
WILD AND SCENIC RIVERS ACT
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(62) Merced, California.--(A) * * *
(B)(i) The main stem from a point 300 feet upstream of the
confluence with Bear Creek downstream to [the normal maximum
operating pool water surface level of Lake McClure (elevation
867 feet mean sea level) consisting of approximately 8 miles,
as generally depicted on the map entitled ``Merced Wild and
Scenic River'', dated April, 1990.] the boundary of FERC
Project No. 2179 as it existed on July 18, 2011, consisting of
a point approximately 2,480 feet downstream of the confluence
with the North Fork of the Merced River, consisting of
approximately 7.4 miles. The Secretary of the Interior shall
administer the segment as recreational, from a point 300 feet
upstream of the confluence with Bear Creek downstream to a
point 300 feet west of the boundary of the Mountain King Mine,
and as wild, from a point 300 feet west of the boundary of the
Mountain King Mine to [the normal maximum operating pool water
surface level of Lake McClure] the boundary of FERC Project No.
2179 as it existed on July 18, 2011, consisting of a point
approximately 2,480 feet downstream of the confluence with the
North Fork of the Merced River. The requirements of subsection
(b) of this section shall be fulfilled by the Secretary of the
Interior through appropriate revisions to the Sierra Management
Framework Plan for the Sierra Planning Area of the Folsom
Resource Area, Bakersfield District, Bureau of Land Management.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this subparagraph.
* * * * * * *
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SECTION 3 OF PUBLIC LAW 102-432
SEC. 3. NEW EXCHEQUER PROJECT.
The designation of the river segments referred to in section
1 of this Act as components of the Wild and Scenic Rivers
System shall not affect the continued operation and maintenance
(including flood control operations) of the New Exchequer
Project (Project No. 2179) as licensed by the Federal Energy
Regulatory Commission on the date of enactment of this Act or
the Commission's authority to issue a new license to the
existing licensee for such project within the project
boundaries set forth in the license on the date of enactment of
this [Act: Provided, That if the Commission issues a new
license to the existing licensee for such a project, the normal
maximum operating pool water surface level authorized in the
project's license shall not exceed elevation 867.0 mean sea
level.] Act.
DISSENTING VIEWS
H.R. 2578 proposes to amend the National Wild & Scenic
Rivers Act to expand the storage capacity of Lake McClure,
which would result in a recurring, temporary inundation of
approximately 1 mile of the Merced River. More important, H.R.
2578 would renege on a promise between the Merced Irrigation
Water District and other stakeholders made nearly two decades
ago when the designation was signed into law by President
George H.W. Bush.
Proponents of the legislation tout the significance of
additional storage in the Central Valley. The project is
expected to increase yield in the reservoir on average of
10,000 acre-feet per year. This is only a one percent increase
to the one million acre-feet capacity of Lake McClure. Congress
has never before authorized the flooding of a designated Wild
and Scenic River and there is no justification for doing so in
this case.
Edward J. Markey.
Grace F. Napolitano.
Raul M. Grijavla.
Rush Holt.
Ben R. Lujan.
Dale E. Kildee.
Niki Tsongas.