[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1155 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1155

To exempt certain maintenance, repair, and improvement of flood control 
facilities in California from the Endangered Species Act of 1973 during 
                      the flood emergency period.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

Mr. Fazio of California (for himself, Mr. Dooley of California, and Mr. 
   Condit) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To exempt certain maintenance, repair, and improvement of flood control 
facilities in California from the Endangered Species Act of 1973 during 
                      the flood emergency period.

    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 ``California Floods Emergency Repair 
Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) There occurred a significant flood event in California 
        in December 1996 and January 1997.
            (2) That event resulted in 9 deaths, displaced 100,000 
        Californians from their homes, and caused an estimated 
        $2,000,000,000 in damage to homes and other property.
            (3) That event also caused agricultural losses exceeding 
        $150,000,000, national forest losses exceeding $100,000,000, 
        and extensive damage to Yosemite National Park.
            (4) President Clinton declared a major disaster for 
        California and ordered Federal emergency assistance to help 
        meet the immediate needs of people and communities hit hard by 
        the ongoing severe storms, flooding, and mudslides and 
        landslides that began on December 28, 1996, designating 44 
        California counties for such assistance.

SEC. 3. EXEMPTION OF CERTAIN CALIFORNIA FLOOD CONTROL FACILITY 
              MAINTENANCE, REPAIR, AND IMPROVEMENT FROM ENDANGERED 
              SPECIES ACT OF 1973.

    (a) Exemption.--The Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) shall not apply to--
            (1) any maintenance or repair of a covered flood control 
        facility that--
                    (A) is necessary to correct a condition that--
                            (i) threatens the integrity of the 
                        facility; and
                            (i) was caused by the significant flood 
                        event that occurred in California in December 
                        1996 and January 1997; and
                    (B) is carried out under authority provided by a 
                law listed in subsection (b);
            (2) any improvement to a covered flood control facility 
        that--
                    (A) is necessary to correct an inadequacy of the 
                facility that was revealed by the significant flood 
                event that occurred in California in December 1996 and 
                January 1997; and
                    (B) is carried out under authority provided by a 
                law listed in subsection (b); or
            (3) any maintenance, repair, or improvement of a covered 
        flood control facility that is determined, by a comprehensive 
        study of California flood control facilities conducted by the 
        Corps of Engineers or any other Federal agency, Federal task 
        force, or joint Federal-State task force empowered to conduct 
        such a comprehensive study, to be necessary to repair or 
        replace damaged facilities to substantially the same condition 
        that existed before December 28, 1996.
    (b) Authorizing Laws.--The laws referred to in subsection (a) 
(1)(B) and (2)(B) are the following:
            (1) Section 5 of the Flood Control Act of August 18, 1941 
        (55 Stat. 650; 33 U.S.C. 701n).
            (2) The Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            (3) The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 
        596 et seq.).
            (4) The emergency watershed protection program conducted 
        under section 7 of the Flood Control Act of June 28, 1938 (52 
        Stat. 1225; 33 U.S.C. 701b-1) and sections 403 through 405 of 
        the Act of August 4, 1978 (92 Stat. 434; 16 U.S.C. 2203-2205).
    (c) Covered Flood Control Facility Defined.--In this section, the 
term ``covered flood control facility'' means a flood control facility, 
including any weir, channel, levee, or bypass, that serves a public 
purpose.
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