[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3270 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3270

  To authorize and direct the Secretary of the Army to expeditiously 
 construct a project for flood control on the Sacramento and American 
 Rivers, California, and to authorize and direct the Secretary of the 
 Interior and the Secretary of the Army to enter into agreements that 
    allow the State of California or other non-Federal sponsors to 
 construct, without cost to the United States, a multipurpose dam and 
          related facilities at Auburn on the American River.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 1996

 Mr. Doolittle (for himself, Mr. Matsui, Mr. Fazio of California, Mr. 
   Pombo, Mr. Herger, Mr. Radanovich, Mr. Condit, and Mr. Dooley of 
 California) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To authorize and direct the Secretary of the Army to expeditiously 
 construct a project for flood control on the Sacramento and American 
 Rivers, California, and to authorize and direct the Secretary of the 
 Interior and the Secretary of the Army to enter into agreements that 
    allow the State of California or other non-Federal sponsors to 
 construct, without cost to the United States, a multipurpose dam and 
          related facilities at Auburn on the American River.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Prevention and Fiscal 
Responsibility Act of 1996''.

         TITLE I--TRANSFER OF AUBURN DAM AND RESERVOIR PROJECT

SEC. 101. TRANSFER OF ADMINISTRATIVE JURISDICTION.

    Administrative jurisdiction over the Auburn Dam and Reservoir 
project authorized by the Act entitled ``An Act to authorize the 
Secretary of the Interior to construct, operate, and maintain the 
Auburn-Folsom South unit, American River division, Central Valley 
project, California, under Federal reclamation laws'', approved 
September 2, 1965 (43 U.S.C. 616aaa-616fff; Public Law 89-161), is 
transferred from the Secretary of the Interior to the Secretary of the 
Army.

SEC. 102. PROJECT DESCRIPTION; APPLICABILITY OF LAWS.

    The project referred to in section 101 shall be carried out in 
accordance with title II of this Act instead of the Act of September 2, 
1965 (43 U.S.C. 616aaa-616fff; Public Law 89-161). The project shall 
not be subject to any Federal reclamation law but shall be subject to 
any Federal law which is generally applicable to water resources 
projects carried out by the Secretary of the Army.

SEC. 103. REDUCTION AND TRANSFER OF AUTHORIZATION OF APPROPRIATIONS.

    (a) Reduction and Transfer.--On the date of the enactment of this 
Act, the amount authorized to be appropriated by the 1st sentence of 
section 6 of the Act of September 2, 1965 (43 U.S.C. 616fff) as 
adjusted by inflation indexing provisions contained in the Act of 
September 2, 1965, is hereby reduced by 50 percent and transferred to 
the Secretary of the Army for the purposes of carrying out the 
provisions of this Act. Such amount shall be adjusted plus or minus 
such amounts, if any, as may be required by reason of changes in 
construction costs as indicated by engineering cost indexes applicable 
to the type of construction involved.
    (b) Administrative Provision.--All amounts authorized to be 
appropriated by titles II and III of this Act are authorized to be 
appropriated out of the amount transferred by subsection (a).

     TITLE II--SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL PROJECT

SEC. 201. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL PROJECT.

    (a) Authorization.--Notwithstanding any other provision of law, the 
Secretary of the Army shall construct expeditiously the project for 
flood control and recreation on the Sacramento and American Rivers, 
California, substantially in accordance with the Detention Dam 
Alternative specified in the report of the Chief of Engineers, dated 
June 30, 1996, at a total estimated cost of $948,700,000 (1996 prices), 
plus or minus such amounts, if any, as may be justified by reason of 
ordinary fluctuations in construction costs as indicated by engineering 
cost indexes applicable to the types of construction involved in the 
project, with an estimated first Federal cost of $711,500,000 and an 
estimated first non-Federal cost of $237,200,000. The project shall be 
augmented as follows:
            (1) Interim pumping facilities.--
                    (A) In general.--The project shall also include the 
                construction of a pumping plant, access roads, and 
                appurtenant facilities of sufficient size to fulfill 
                the United States obligations to the Placer County 
                Water Agency (hereinafter in this title referred to as 
                the ``Agency'') under its contract number 14-06-859-
                308, as amended as of the date of the enactment of this 
                Act. The United States shall furnish to the Agency 
                sufficient electric capacity and energy to enable water 
                to be pumped from the North Fork American River through 
                such facilities into the Agency's Auburn Tunnel at a 
                continuous rate of not less than 100 cubic feet per 
                second until the completion of the multipurpose dam and 
                reservoir facility at Auburn pursuant to title III. The 
                pumping plant, access roads, electric capacity, and 
                energy shall be furnished by the United States without 
                cost to the Agency.
                    (B) Design.--The pumping plant and facilities shall 
                be designed and constructed for year-round operation 
                and under storm runoff conditions of up to 100-year 
                frequency.
                    (C) Additional capacity at request of agency.--At 
                the Agency's request, the Secretary shall construct the 
                pumping plant and appurtenant facilities at a size 
                larger than 100 cubic feet per second with all costs 
                for pumping facilities, energy, and capacity above 100 
                cubic feet per second to be borne by the Agency on an 
                incremental basis.
                    (D) Opportunity for district to request additional 
                capacity.--At the request of the Georgetown Divide 
                Public Utility District (hereinafter in this title 
                referred to as the ``District''), the Secretary shall 
                construct the pumping plant and appurtenant facilities 
                at a size larger than 100 cubic feet per second to 
                provide for delivery of Central Valley Project water by 
                exchange or transfer as authorized under the Energy and 
                Water Development Appropriations Act, 1991 (Public Law 
                101-514) or the delivery of such nonproject water as 
                may be acquired by the District. All costs for pumping 
                facilities, energy, and capacity above 100 cubic feet 
                per second requested by the District shall be borne by 
                the District on an incremental basis. The ownership and 
                operation of the pumping plant and appurtenant 
                facilities shall be subject to an agreement between the 
                Agency and the District. The United States shall 
                furnish to the District sufficient electrical energy 
                capacity and energy to enable exchanged or transferred 
                water to be pumped from the North Fork American River 
                to the service area.
                    (E) Operation and maintenance by agency.--The 
                Agency shall assume ownership of and responsibility for 
                the operation and maintenance of the pumping plant, 
                access roads, and facilities, except for the furnishing 
                of electric capacity and energy as provided for in this 
                paragraph, once the facilities are completed and 
                transferred to the Agency by the United States.
                    (F) Funding.--There is authorized to be 
                appropriated for construction of the interim pumping 
                facilities under this paragraph $9,100,000 (1996 
                prices) plus or minus such amounts, if any, as may be 
                justified by reason of ordinary fluctuations in 
                construction costs as indicated by engineering cost 
                indexes applicable to the types of construction 
                involved in construction of such facilities. There is 
                also authorized to be appropriated such additional sums 
                as may be required for the operation and maintenance of 
                the pumping plant and appurtenant facilities prior to 
                their transfer to the Agency under subparagraph (E).
            (2) Future expansion and power generation.--
                    (A) In general.--The facilities to be constructed 
                under this title shall be designed and constructed to 
                enable future expansion as described in title III of 
                this Act.
                    (B) Inclusion of expandability features in 
                design.--To provide future opportunities for municipal, 
                industrial, and agricultural water supply, 
hydroelectric power generation, recreation, instream requirements for 
American River flows, and other beneficial uses, the design and 
construction of facilities under this title shall provide for water 
flow control and outlet capacity for a 2,300,000 acre foot storage 
facility and shall enable the future addition of features for power 
generation.
                    (C) Cost sharing of expandability features.--To the 
                extent that subparagraph (B) necessitates the design 
                and construction of features not otherwise authorized 
                under subsection (a), such costs shall be treated as a 
                reimbursable project cost and shall be paid by the non-
                Federal interests that will benefit from the expanded 
                project following its completion.
    (b) Project Purposes.--The purposes of the project under this 
section are to provide for flood control for the Sacramento area, to 
mitigate adverse effects of the project on fish and wildlife resources, 
to provide recreation in the canyons of the American River upstream of 
Folsom Dam and in the Natomas area of Sacramento, and to allow for the 
future convenient and economic construction of a multipurpose water 
storage and hydroelectric power generation project as described in 
title III.
    (c) Consulting Board.--
            (1) Establishment.--To ensure that the project under this 
        section permits expansion to a multipurpose project as 
        described in title III in the most efficient and economical 
        manner practicable, the Secretary of the Army shall cooperate 
        with the State of California to establish an independent 
        consulting board composed of recognized dam engineering 
        experts.
            (2) Functions.--The board shall--
                    (A) review the detailed design and construction 
                effort under this Act;
                    (B) provide technical confirmation that the project 
                to be constructed under this section will create no 
                significantly greater economic, procedural, or other 
                impediments to construction of the multipurpose project 
                under title III than would be the case with the 
                construction of the project and the multipurpose 
                project as a single project; and
                    (C) be impaneled until such time as the 
                multipurpose dam facility under title III is reasonably 
                completed.
            (3) Funding.--There is authorized to be appropriated to 
        carry out this subsection $2,000,000.
    (d) Cost Sharing Responsibilities.--
            (1) Bureau of reclamation lands and work.--The United 
        States shall receive credit as part of the Federal cost of the 
        project under this section for the value for any lands provided 
        and works constructed by the Bureau of Reclamation which are 
        incorporated into the project as specified in the feasibility 
        report of the Chief of Engineers.
            (2) Departments of interior and agriculture cooperation and 
        lands.--The Secretary of the Interior and the Secretary of 
        Agriculture shall cooperate with the Secretary of the Army and 
        transfer to the Secretary of the Army such lands as the 
        Secretary of the Army may request as necessary to carry out the 
        project. Upon completion of construction of any facility under 
        this title, all project lands, rights-of-way, water rights, and 
        facilities associated with the facility shall be transferred to 
        the State of California under the Recreation and Public 
        Purposes Act to be managed consistent with the purposes of the 
        project.
            (3) Jurisdiction after transfer.--Facility lands shall be 
        subject to State law and jurisdiction and shall be administered 
        exclusively by the State of California or its agents upon 
transfer of the project to non-Federal entities.
            (4) Department of transportation cooperation and studies.--
        Subject to the contribution of the non-Federal interests 
        pursuant to section 105 of the Water Resources Development Act 
        of 1986, the Secretary of Transportation shall participate in, 
        and provide appropriate Federal financial assistance for, 
        feasibility and environmental studies by the State of 
        California on alternative alignments for the relocation of that 
        portion of California Route 49 which will be affected by the 
        project.
    (e) Mitigation Measures.--
            (1) Soil conservation.--The dam facility under this section 
        shall be designed and operated, consistent with the 
        requirements of this Act, to minimize, to the greatest 
        practicable extent, adverse effects of the project on soils and 
        vegetation resulting from inundation and release of flood 
        waters as specified in the feasibility report of the Chief of 
        Engineers.
            (2) Fish and wildlife mitigation measures.--The dam 
        facility shall include such measures to mitigate adverse 
        effects of the facility on aquatic, riparian, and upland 
        habitat of fish and wildlife resources as are specified in the 
        feasibility report of the Chief of Engineers. Such mitigation 
        measures shall be accomplished, to the extent practicable, on 
        lands in Federal ownership on the date of the enactment of this 
        Act.
    (f) Additional Project Authorizations.--
            (1) Levee improvements.--The Secretary of the Army may (A) 
        construct, (B) credit against the non-Federal share of the 
        project under subsection (a) the cost of, or (C) reimburse the 
        non-Federal sponsors for constructing, levee improvements 
        specified in the draft supplemental information report referred 
        to in subsection (a), including the insertion of a slurry wall 
        in the center of existing lower American River levees and 
        stabilizing and raising portions of approximately 12 miles of 
        existing levees along the East bank of the Sacramento River 
        downstream from the Natomas Cross Canal. Such construction 
        shall be carried out immediately and independent of and 
        concurrent with construction of facilities under subsection 
        (a). The Secretary shall construct an emergency flood warning 
        system for the American River, California, including telemeter 
        upstream flow gauges, at a total estimated cost of $250,000.
            (2) Flood control capacity at folsom reservoir.--
                    (A) Interim flood protection.--Upon completion of 
                the term of the operating agreement for Folsom Dam and 
                Reservoir between the Secretary of the Interior and the 
                Sacramento Area Flood Control Agency, dated March 22, 
                1995, and until the detention dam authorized by this 
                section is providing adequate protection against a 
                flood event of 150-year frequency to residents of the 
                American River Floodplain, California, the Secretary of 
                the Interior shall take such actions as may be 
                necessary to continue providing such area with a 100-
                year level of flood protection (as determined by the 
                Federal Emergency Management Agency) by such means as 
                the Secretary of the Interior determines appropriate.
                    (B) Standard.--In making a determination of 
                appropriate interim flood protection under this 
                paragraph, the Secretary of the Interior shall not 
                diminish the protection provided by means of the 
                operating criteria for Folsom Dam and Reservoir 
                specified in the March 22, 1995, agreement between the 
                Secretary of the Interior and the Sacramento Area Flood 
                Control Agency unless such a reduction is made possible 
                by actions other than--
                            (i) those authorized by paragraph (1), or
                            (ii) other flood control improvements made 
                        by non-Federal interests at their own expense.
                    (C) Cost sharing for interim flood protection.--The 
                United States shall bear 75 percent of the cost of the 
                means determined to provide interim flood protection 
                under this paragraph.
                    (D) Modification of agreement.--The Secretary of 
                the Interior shall modify the allocation of costs 
                specified in the agreement referred to in subparagraph 
                (A) so that the United States shall be responsible for 
                providing replacement water and power to Central Valley 
                Project water and power contractors under the agreement 
                and shall pay 75 percent of the cost of providing such 
                replacement water and power. The Sacramento Area Flood 
                Control Agency shall be responsible for paying the 
                remaining 25 percent of such costs.
            (3) Risk assessment.--
                    (A) In general.--In consultation with the 
                Sacramento Area Flood Control Agency and the California 
                Department of Water Resources, the Secretary of the 
                Interior and the Secretary of the Army shall complete, 
                not later than 2 years after the date of the enactment 
                of this Act, a comprehensive risk assessment of Folsom 
                Dam and its ancillary facilities to evaluate their 
                performance when they are operated in conjunction with 
                the facilities to be constructed under this title, 
                during periods of normal operation and extreme loading, 
                so as to determine the risk that the dam may fail to 
                perform the functions for which it was intended.
                    (B) Resulting actions.--Based on the findings of 
                the risk assessment, the Secretary of the Interior 
                shall take such actions as may be necessary to ensure 
                that Folsom Dam meets minimum Federal dam safety 
                standards. Any actions taken beyond those necessary to 
                meet minimum Federal dam safety standards must be 
                authorized by law. Except as provided in subparagraph 
                (C), any costs associated with the project which are 
                ineligible for Federal cost-sharing and which are 
                necessary to ensure that Folsom Dam meets minimum 
                Federal dam safety standards shall be Federal costs.
                    (C) Cost sharing.--The assessment shall be subject 
                to cost-sharing on a 75 percent Federal, 25 percent 
                non-Federal basis.
                    (D) Report.--In consultation with the Sacramento 
                Area Flood Control Agency and the California Department 
                of Water Resources, the Secretary of the Interior and 
                the Secretary of the Army shall prepare a joint report 
                on the results of the assessment for the purpose of 
                providing Federal and local authorities and the 
                Consulting Board established under subsection (c) with 
                recommendations on the steps needed to ensure the 
                safety of Folsom Dam and its ancillary facilities.
                    (E) Funding.--There is authorized to be 
                appropriated to the Secretary of the Interior for the 
                Federal share of the risk assessment of the Folsom Dam 
                facilities under this paragraph $500,000 (1996 prices).
            (4) Additional actions to extend flood protection.--The 
        Secretary of the Army shall take such actions as may be 
        necessary to ensure the following:
                    (A) Construction of the flood control project for 
                Magpie Creek, California, under section 205 of the 
                Flood Control Act of 1948 (33 U.S.C. 701s; 62 Stat. 
                1182).
                    (B) Entry into an agreement to provide payment by 
                the United States, or to credit against the non-Federal 
                share of the project authorized by subsection (a), for 
                elements of the Sacramento Area Flood Control Agency's 
                North Area Local Development project that are 
                reimbursable under section 9159 of the Department of 
                Defense Appropriations Act, 1993 (106 Stat. 1944).
                    (C) Completion of feasibility studies to reduce the 
                risk of flooding from the South Sacramento Stream 
                group, Sacramento, California.
                    (D) Construction of elements of the Sacramento 
                River bank protection project that will contribute to 
                the safety and integrity of levees on the lower 
                American River, California.

SEC. 202. NATOMAS LEVEE AND RELATED CONSTRUCTION.

    (a) Construction.--The Secretary of the Army shall construct each 
of the following features of the North Area Local Project of the 
American River Watershed Investigation as described in the draft 
supplemental information report referred to in section 201(a), subject 
to entering into appropriate local cost-sharing agreements with the 
non-Federal sponsors of each of such features:
            (1) Natomas Cross Canal and Pleasant Grove Creek Canal.
            (2) Sankey Road and Pleasant Grove Hydraulic Mitigation.
    (b) Credit for Certain Non-Federal Work.--The Secretary of the Army 
shall credit against the non-Federal share of the cost of construction 
authorized by subsection (a), or reimburse the non-Federal sponsors 
for, the cost of any planning (including environmental compliance), 
engineering, design, and construction performed by or for the non-
Federal sponsors with respect to any of the facilities the construction 
of which is authorized under subsection (a) if such cost is incurred 
before the Secretary receives appropriations to initiate such 
construction and is consistent with draft supplemental information 
report referred to in section 201(a).
    (c) Funding.--There is authorized to be appropriated for the 
planning, engineering, design, and construction of the facilities under 
subsection (a), $17,000,000 plus or minus such amounts, if any, as 
may be justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indexes applicable to the types 
of construction under subsection (a).

SEC. 203. CIRBY, LINDA, AND DRY CREEKS FLOOD CONTROL PROJECTS, 
              CALIFORNIA.

    The Secretary of the Army shall carry out a flood control project 
to make improvements to the channels and associated flood walls and 
levees on Cirby, Linda, and Dry Creeks, Placer and Sacramento Counties, 
California, and to construct bypass channels and bridges for such 
creeks, at a total cost of $14,800,000, with an estimated Federal cost 
of $11,100,000, and an estimated non-Federal cost of $3,700,000.

            TITLE III--AUBURN DAM WATER CONSERVATION PROJECT

SEC. 301. AUBURN DAM WATER CONSERVATION PROJECT.

    (a) Authorization.--Notwithstanding any other provision of law, the 
Secretary of the Army and the Secretary of the Interior shall enter 
into agreements with the State of California for the transfer, without 
compensation to the United States (other than any non-Federal cost 
sharing provided under title II), of all interest in and title to 
lands, rights-of-way, water rights, and facilities constituting and 
adjacent to the Auburn Dam portion of the Auburn-Folsom South Unit, 
Central Valley Project, and the project authorized by title II of this 
Act under authority of the Recreation and Public Purposes Act. The 
transfer under this subsection shall be made upon completion of the dam 
facility under title II, but not later than 15 years after the date of 
the enactment of this Act. If no agreement is reached by the end of 
such 15-year period and the Governor of the State of California so 
requests, the Secretary of the Interior shall make such transfer to the 
State without restriction.
    (b) Compensation.--
            (1) National interest.--Congress recognizes the existence 
        of substantial national interest in the earliest feasible 
        development of a multipurpose Auburn Dam to provide flood 
        protection, conserve water for local public entities within 
        Sacramento, El Dorado, Placer, Sutter, and San Joaquin 
        Counties, California, recreation at Folsom Reservoir and 
        elsewhere, and instream requirements for American River flows 
        and for other beneficial uses.
            (2) Additional transfers.--Any and all interests in lands, 
        easements, rights-of-way, and facilities required for the 
        multipurpose project under this section by agencies and 
        departments of the United States, other than the Department of 
        the Army, shall be transferred in the manner provided in this 
        title.
            (3) Purchase of water.--The transfer agreement under this 
        section may also allow Federal agencies to enter into 
        agreements with State or non-Federal entities for the purchase 
        of water and hydroelectric energy available from the 
        multipurpose project under this section to meet Federal needs.
            (4) Limitation on recovery of flood control construction 
        costs.--Federal contributions provided for flood control 
        facility construction under this section shall not now, or at 
        any time in the future, be recoverable, and the agreements 
        providing for the transfer under subsection (a) shall provide 
        for the nonrecoverability of such Federal contributions.
    (c) Conditions for Future Expansion.--Expansion of facilities under 
this title is authorized to take place at any time in the future, 
including during project design, construction, or any time thereafter 
without further Federal authorization--
            (1) if 1 or more non-Federal interests, including local 
        public bodies within Sacramento, El Dorado, Placer, Sutter, and 
        San Joaquin Counties, California, and the State of California, 
        are prepared to finance and develop the multipurpose features 
        of the Auburn Dam consistent with this Act; and
            (2) if the State of California, in consultation with the 
        Secretary of the Army, the Sacramento Area Flood Control 
        Agency, and other local bodies referred to in paragraph (1), 
        certifies that such expansion will not materially impair or 
        diminish the level of flood protection designed to be provided 
        by the project authorized by title II.
The agreements providing for the transfer under subsection (a) shall 
also require the certification referred to in subparagraph (2).
                                 <all>