Filed under authority of the order of the Senate of August 2 (legislative day, January 3), 1989 Mr. JOHNSTON, from the Committee on Energy and Natural REPORT [To accompany S. 931] The Committee on Energy and Natural Resources to which was referred the bill (S. 931) to protect a segment of the Genesee River in New York, having considered the same, reports favorably with amendments and recommends that the bill, as amended, do pass. The amendments are as follows: 1. On page 1, lines 7 through 9, strike the phrase "further the purposes of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) (referred to as the "Act") and to". 2. On page 2, line 3, strike "plan" and insert in lieu thereof, "plant". 3. On page 2, line 5, strike "Act (16 U.S.C. 1276)" and insert in lieu thereof "Wild and Scenic Rivers Act (16 U.S.C. 1276(a))". PURPOSE OF THE MEASURE The purpose of S. 931, as ordered reported, is to protect a 17-mile segment of the Genesee River in the State of New York. BACKGROUND AND NEED The Genesee River flows north from the Pennsylvania-New York border through western New York State before emptying into Lake Ontario at Rochester, New York. For 17 miles, the river runs through Letchworth State Park, where it cuts through the 300-foot deep Letchworth Gorge. Last year the New York State Assembly designated the segment of the Genesee River within Letchworth State Park as a State Wild and Scenic River. In 1952, the Army Corps of Engineers constructed the 200-foot high Mount Morris Dam near the northern edge of Letchworth State Park for flood control purposes, in response to the flooding from Hurricance Agnes. In 1987, the Corps studied the possibility of raising the height of the dam an additional 27 feet to enlarge the dam's flood control capacity. Last year, however, the Corps abandoned that proposal. In May 1989, the Federal Energy Regulatory Commission (FERC) granted a preliminary permit to a Massachusetts corporation to study the potential of using the Mount Morris Dam for hydropower purposes. The permit authorizes studies to address the technical, environmental and economic feasibility of the proposed project, but does not authorize any construction. If FERC later approves a power license, the company would be permitted to construct an 8,300 kilowatt hydropower generating station at the dam. Although designation of the Genesee as a scenic river by the State prohibits State agencies from licensing power facilities on the river, Federal agencies are not affected. Providing the Genesee with the protections afforded for rivers listed for study for potential addition to the National Wild and Scenic River System would preclude the construction on the river of any power project under the Federal Power Act and would preclude any other department or agency of the United States from assisting in any form the construction of any water resources project that would have a direct and adverse effect on the river. The use of the Mount Morris Dam for flood control purposes by the Corps of Engineers would not be affected by this legislation. LEGISLATIVE HISTORY S. 931 was introduced by Senator Moynihan on May 4, 1989. Companion legislation, H.R. 2333, has been introduced in the House of Representatives. The Subcommittee on Public Lands, National Parks and Forests held a hearing on S. 931 on July 19, 1989. At the business meeting on August 2, 1989, the Senate Committee on Energy and Natural Resources ordered S. 931, as amended, favorably reported. COMMITTEE RECOMMENDATIONS AND TABULATIONS OF VOTES The Senate Committee on Energy and Natural Resources, in open business session on August 2, 1989, by a unanimous vote of a quorum present, recommends that the Senate pass S. 931, if amended as described herein. The rollcall vote on reporting the measure was 19 yeas, 0 nays, as follows: Mr. Wirth Mr. Rockefeller Mr. Hatfield Mr. Domenici Mr. Wallop Mr. Murkowski Mr. Nickles ⚫ Mr. Burns Mr. Garn Mr. McConnell* *Indicates voted by proxy. COMMITTEE AMENDMENTS During the consideration of S. 931, the Committee adopted one technical and two clarifying amendments. The technical amendment corrects the spelling of the word "plant." The other two amendments clarify that the 17-mile segment of the Genesee River to be protected is not designated as a study river for possible addition to the National Wild and Scenic Rivers System. SECTION-BY-SECTION ANALYSIS Section 1 entitles the bill the "Genesee River Protection Act of 1989." Section 2 provides that the segment of the Genesee River within Letchworth State Park is to be afforded the same protections as rivers listed in section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) for study for potential addition to the National Wild and Scenic Rivers System. Section 7(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(b)) states that the "Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act, as amended, on or directly affecting any river which is listed in section 5, subsection (a), of this Act, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river might be designated Section 2 also states that the protections afforded the river may not interfere with the Army Corps of Engineers' operation and management of the Mount Morris Dam for flood control purposes. COST AND BUDGETARY CONSIDERATIONS The following estimate of the cost of this measure has been provided by the Congressional Budget Office: U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Hon. J. BENNETT JOHNSTON, Jr., DEAR MR. CHAIRMAN: The Congressional Budget Office has reviewed S. 931, the Genesee River Protection Act of 1989, as ordered reported by the Senate Committee on Energy and Natural Resources, August 2, 1989. CBO estimates that enacting S. 931 would have no impact on the federal budget, or on the budgets of state or local governments. S. 931 would prohibit any further development of the segment of the Genesee River that lies within Letchworth Gorge State Park in the State of New York. Specifically, the bill would extend the protections that are afforded to wild and scenic rivers to a segement of the Genesee River, without actually adding this river segment to the National Wild and Scenic Rivers System. The U.S. Army would continue to operate and manage a flood control dam on this segment of the river, but the bill would prohibit any development of hydropower facilities. If you wish any additional details on this estimate, we will be pleased to provide them. The CBO staff contact is Peter Fontaine, who can be reached at 226-2860. Sincerely, ROBERT D. REISCHAUER, Director. 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 S. 931. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. No personal information would be collected in administering the program. Therefore, there would be no impact of personal privacy. Little, if any, additional paperwork would result from the enactment of S. 931, as reported. EXECUTIVE COMMUNICATIONS The Committee has requested legislated reports on S. 931 from the Department of Defense, the Department of the Interior and the Federal Energy Regulatory Commission. The reports from the Department of the Interior and the Department of Defense had not been received at the time the report on S. 931 was filed. When the reports become available, the Chairman will request that they be printed in the Congressional Record for the advice of the Senate. The testimony provided by the National Park Service at the Subcommittee hearing follows: |