[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4111 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4111

    To provide for outlet modifications to Folsom Dam, a study for 
   reconstruction of the Northfork American River Cofferdam, and the 
 transfer to the State of California all right, title, and interest in 
             and to the Auburn Dam, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1998

  Mr. Doolittle (for himself, Mr. Pombo, Mr. Herger, and Mr. Young of 
   Alaska) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To provide for outlet modifications to Folsom Dam, a study for 
   reconstruction of the Northfork American River Cofferdam, and the 
 transfer to the State of California all right, title, and interest in 
             and to the Auburn Dam, 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. OUTLET MODIFICATIONS TO FOLSOM DAM.

    (a) In General.--The Secretary shall carry out the new outlets plan 
for modifications of Folsom Dam, California, substantially in 
accordance with the Sacramento Area Flood Control Agency report 
entitled ``Folsom Dam Modification Report, New Outlets Plan'', dated 
March, 1998.
    (b) Variable Storage Space.--Upon completion of the project 
authorized by this section, the Secretary shall operate the Folsom Dam 
and Reservoir to the variable 400,000/600,000 acre-feet of flood 
control storage capacity.
    (c) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall be 65 percent and the non-Federal 
share of the cost of such project shall be 35 percent.

SEC. 2. RECONSTRUCTION OF NORTHFORK AMERICAN RIVER COFFERDAM.

    (a) Study.--Not later than 6 months after the date of the enactment 
of this Act, the Secretary shall complete a study to determine the 
feasibility of a project to reconstruct and make safety improvements 
(including construction of a spillway or other overflow or outlet 
structure) to Northfork American River Cofferdam, for the purpose of 
enabling such Cofferdam to impound safely a minimum of 180,000 acre/
feet of water.
    (b) Determination; Construction.--If, after conducting the study 
pursuant to subsection (a), the Secretary determines that such a 
project, when combined with the modifications to Folsom dam identified 
under section 1, would provide greater flood control benefits at a 
lower cost and with fewer downstream impacts than the Stepped Release 
Plan described in the Army Corps of Engineers' report entitled ``March 
1996 Supplemental Information Report of the Chief of Engineers'', the 
Secretary shall carry out the Northfork American River Cofferdam 
project referred to in subsection (a).
    (c) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall be 65 percent and the non-Federal 
share of the cost of such project shall be 35 percent.

SEC. 3. TRANSFER OF AUBURN DAM SITE.

    (a) Project Defined.--For the purposes of this section, the term 
``Auburn Project'' means the Auburn Dam and Reservoir portion of the 
Auburn-Folsom South Unit, Central Valley Project.
    (b) Transfer.--
            (1) Transfer by secretary.--In consideration of the State 
        of California accepting the obligations of the United States 
        related to the Auburn Project, the Secretary shall, not later 
        than 1 year after completion of the projects authorized by 
        sections 1 and 2, transfer to the State of California all 
        right, title, and interest of the United States to the Auburn 
        Project.
            (2) Transfer by operation of law.--If the Secretary fails 
        to transfer the Auburn Project to the State of California 
        pursuant to paragraph (1) within the 1 year period provided in 
        such paragraph, all right, title, and interest of the United 
        States to the Auburn Project shall vest in the State of 
        California by operation of law.
    (c) Reservation.--Notwithstanding subsection (b), the United States 
shall reserve sufficient interests in the lands, rights-of-way, water 
rights, and facilities described in subsection (a) to enable the United 
States--
            (1) to perform the contractual obligations of the United 
        States to the Placer County Water Agency, as set forth in the 
        contracts which provide for pumping facilities for, and the 
        delivery of water to, the Placer County Water Agency and are 
        numbered 14-06-200-5082(A), 14-06-859-308, and 14-06-859-
        308(a); and
            (2) to grant to Georgetown Divide Public Utility District 
        real property rights sufficient to enable such utility district 
        to construct and operate facilities necessary to divert, treat, 
        and store water supplies from American River, and to treat and 
        dispose of sewage and wastewater.
    (d) Liability.--On and after the date of the transfer of the 
Project to the State of California pursuant to paragraph (1) or (2) of 
subsection (b), the United States shall not be liable under any law for 
damages of any kind arising out of any act, omission, or occurrence 
relating to the Project.

SEC. 4. SECRETARY DEFINED AND CLARIFIED.

    For the purposes of this Act, the term ``Secretary'' shall mean the 
Secretary of the Interior. The Secretary shall carry out this Act 
through the Bureau of Reclamation.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Folsom Dam Modifications.--There is hereby authorized to be 
appropriated to the Secretary of the Interior to carry out the project 
authorized by section 1 the sum of $101,100,000.
    (b) Northfork American River Cofferdam.--There is hereby authorized 
to be appropriated to the Secretary of the Interior to carry out the 
project authorized by section 2 the sum of $130,000,000.
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