[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3903 Reported in House (RH)]





                                                 Union Calendar No. 413

104th CONGRESS

  2d Session

                               H. R. 3903

                          [Report No. 104-768]

_______________________________________________________________________

                                 A BILL

 To require the Secretary of the Interior to sell the Sly Park Dam and 
                   Reservoir, and for other purposes.

_______________________________________________________________________

                           September 4, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 413
104th CONGRESS
  2d Session
                                H. R. 3903

                          [Report No. 104-768]

 To require the Secretary of the Interior to sell the Sly Park Dam and 
                   Reservoir, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 1996

Mr. Doolittle introduced the following bill; which was referred to the 
                         Committee on Resources

                           September 4, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 1996]

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to sell the Sly Park Dam and 
                   Reservoir, and for other purposes.

    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 ``Sly Park Unit Conveyance Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``El Dorado Irrigation District'' or 
        ``District'' means a political subdivision of the State of 
        California duly organized, existing, and acting pursuant to the 
        laws thereof with its principal place of business in the city 
        of Placerville, El Dorado County, California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Sly Park Unit'' means the Sly Park Dam and 
        Reservoir, Camp Creek Diversion Dam and Tunnel and conduits and 
        canals as authorized under the Act entitled ``An Act to 
        authorize the American River Basin Development, California, for 
        irrigation and reclamation, and for other purposes'', approved 
        October 14, 1949 (63 Stat. 852 chapter 690), together with all 
        other facilities owned by the United States including those 
        used to convey and store water delivered from Sly Park, as well 
        as all recreation facilities associated thereto.

SEC. 3. SALE OF THE SLY PARK UNIT.

    (a) The Secretary shall, on or before December 31, 1997, and upon 
receipt of the payment for the original construction debt described in 
subsection (b), sell and convey to the El Dorado Irrigation District 
all right, title, and interest of the United States in and to the Sly 
Park Unit. At the time the Sly Park Unit is conveyed, the Secretary 
shall also transfer and assign to the District the water rights 
relating to the Sly Park Unit held in trust by the Secretary for 
diversion and storage under California State permits numbered 2631 and 
12258 and other valid permits issued by the California State Water 
Resources Control Board.
    (b) The sale price for the Sly Park Unit shall be $2,600,000. 
Payment shall be deposited as miscellaneous receipts in the Treasury. 
Payment of such price shall extinguish all payment obligations under 
contract numbered 14-06-200-949IR1 between the District and the 
Secretary.
    (c) The terms of the transfer shall include a commitment by the El 
Dorado Irrigation District to continue to use and operate the facility 
for the existing purposes following the transfer. If the District 
chooses to alter the operations or uses in the future it shall comply 
with all applicable laws or regulations governing such changes at that 
time.

SEC. 4. CERTAIN CONTRACT OBLIGATIONS NOT AFFECTED.

    The sale of the Sly Park Unit under this Act shall not affect the 
payment obligations of the District under the contract between the 
District and the Secretary numbered 14-06-200-7734, as amended by 
contracts numbered 14-06-200-4282A and 14-06-200-8536A.

SEC. 5. TREATMENT OF SALES FOR PURPOSES OF CERTAIN LAWS.

    (a) The sales of assets under this Act shall not be considered a 
disposal of Federal surplus property under the following provisions of 
law:
            (1) Section 203 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 484).
            (2) Section 13 of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622).
    (b) The Congress specifically finds that (1) the sale, conveyance 
and assignment of the Sly Park Unit and water rights under this Act 
involves the transfer of the ownership and operation of an existing 
ongoing water project, (2) the Sly Park Unit will continue to be 
operated for the existing purposes following the transfer, pursuant to 
section 3(c) of this Act, and (3) the sale, conveyance and assignment 
of the Sly Park Unit and water rights does not involve any additional 
growth or expansion of the Project or other environmental impacts. The 
sale, conveyance and assignment of the Sly Park Unit and water rights 
is consistent with the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) without additional environmental review and, consequently, no new 
environmental documentation is required pursuant to such Acts.

SEC. 6. PAYMENTS INTO THE CENTRAL VALLEY PROJECT RESTORATION FUND.

    The El Dorado Irrigation District shall continue to make payments 
into the Central Valley Project Restoration Fund for 35 years after 
enactment of the Act. The District's obligation shall be calculated in 
the same manner as Central Valley Project water contractors.

SEC. 7. RECLAMATION ACT APPLICABILITY.

    Upon conveyance of the title to the Sly Park Unit, the El Dorado 
Irrigation District shall no longer be subject to the Reclamation Act 
of 1902 (82 Stat. 388) and all Acts amendatory thereof or supplemental 
thereto, except as provided in section 7 of this Act.