[Congressional Record Volume 153, Number 22 (Tuesday, February 6, 2007)]
[House]
[Pages H1227-H1228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AMERICAN RIVER PUMP STATION PROJECT TRANSFER ACT OF 2007

  Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 482) to direct the Secretary of the Interior to transfer 
ownership of the American River Pump Station Project, and for other 
purposes.
  The Clerk read as follows:

                                H.R. 482

       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 ``American River Pump Station 
     Project Transfer Act of 2007''.

     SEC. 2. AUTHORITY TO TRANSFER.

       The Secretary of the Interior (hereafter in this Act 
     referred to as the ``Secretary'') shall transfer ownership of 
     the American River Pump Station Project located at Auburn, 
     California, which includes the Pumping Plant, associated 
     facilities, and easements necessary for permanent operation 
     of the facilities, to the Placer County Water Agency, in 
     accordance with the terms of Contract No. 02-LC-20-7790 
     between the United States and Placer County Water Agency and 
     the terms and conditions established in this Act.

     SEC. 3. FEDERAL COSTS NONREIMBURSABLE.

       Federal costs associated with construction of the American 
     River Pump Station Project located at Auburn, California, are 
     nonreimbursable.

     SEC. 4. GRANT OF REAL PROPERTY INTEREST.

       The Secretary is authorized to grant title to Placer County 
     Water Agency as provided in section 2 in full satisfaction of 
     the United States' obligations under Land Purchase Contract 
     14-06-859-308 to provide a water supply to the Placer County 
     Water Agency.

     SEC. 5. COMPLIANCE WITH ENVIRONMENTAL LAWS.

       (a) In General.--Before conveying land and facilities 
     pursuant to this Act, the Secretary shall comply with all 
     applicable requirements under--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (3) any other law applicable to the land and facilities.
       (b) Effect.--Nothing in this Act modifies or alters any 
     obligations under--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 6. RELEASE FROM LIABILITY.

       Effective on the date of transfer to the Placer County 
     Water Agency of any land or facility under this Act, the 
     United States shall not be liable for damages arising out of 
     any act, omission, or occurrence relating to the land and 
     facilities, consistent with Article 9 of Contract No. 02-LC-
     20-7790 between the United States and Placer County Water 
     Agency.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Napolitano) and the gentlewoman from Washington (Mrs. 
McMorris Rodgers) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 482 directs the Secretary of the Interior to convey 
certain lands and the water pumping facility under construction on the 
American River to the Placer County Water Agency in California. 
Currently, the Bureau of Reclamation is obligated by a previous 
agreement to supply temporary pumping service to satisfy the water 
rights of the Placer County Water Agency. This temporary pumping is 
done at considerable cost to the Bureau of Reclamation. The American 
River Pump Station will provide a permanent facility for the delivery 
of water to that agency.
  H.R. 482 allows the bureau to satisfy its contractual obligations by 
transferring this facility and eliminates the continued cost of 
providing temporary pumping service to that agency.
  In the 109th Congress, the Subcommittee on Water and Power held a 
hearing on similar legislation, and the bill was subsequently favorably 
reported by the committee and passed by the House. We have no 
objections to this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I rise in support of H.R. 482, 
and yield myself such time as I may consume.
  Mr. Speaker, H.R. 482, introduced by our colleague, the gentleman 
from California (Mr. Doolittle), directs the Secretary of the Interior 
to transfer ownership of the American River Pump Station Project to the 
Placer County Water Agency in Northern California. To facilitate 
construction of the Auburn Dam nearly 40 years ago, the Federal 
Government removed a locally owned pump station located at the dam 
site.
  The dam was never built. Now the Federal Government is building a 
permanent pump station to replace the

[[Page H1228]]

one it removed years earlier. Under an agreement, the Federal 
Government must transfer the pump station to the local water users once 
construction is complete. Before the transfer can take place, 
congressional authorization is needed, and this legislation achieves 
that purpose.
  Mr. Speaker, I urge my colleagues to support this commonsense bill.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from California (Mr. Doolittle), the author of the bill.
  Mr. DOOLITTLE. Mr. Speaker, I would like to thank the chairman of the 
committee, Mr. Rahall, and the ranking member, Mr. Young, and also 
thank Mrs. Napolitano and Mrs. McMorris Rodgers for their help on this 
legislation.
  This has been quite a few years in production. The pump station is 
almost complete. It will be completed next year sometime, we 
anticipate; and we would like to have this last detail of the transfer 
put in order.
  You have heard the explanation as to why we need the legislation, 
fulfilling an obligation made by the Federal Government years ago to 
the Placer County Water Agency.
  I am very appreciative to our colleagues for bringing this bill up 
and urge its passage.
  Mr. Speaker, I am pleased to be here today in support of H.R. 482, 
the American River Pump Station Project Transfer Act. This legislation 
will authorize the transfer of ownership of the American River Pump 
Station, located in Auburn, CA, to the Placer County Water Agency 
(Agency). I would like to thank the Chairman and Ranking Member of the 
Natural Resources Committee for bringing this legislation to the floor 
in such a timely manner.
  During the 1960s, the Bureau of Reclamation (Bureau) acquired the 
site of the original American River Pump Station and removed it to 
facilitate contraction of the Auburn Dam. When construction of the dam 
was halted, the Agency was left unable to meet its water needs. Since 
1990, the Bureau has installed seasonal pumps to help the Agency 
provide water during the dry summer. Unfortunately, these pumps need to 
be removed each winter and reinstalled in time for the summer months. 
This is an expensive process that leaves the Agency without the long-
term water-use certainty it needs. To remedy this situation, a new 
American River Pump Station will be constructed by the Bureau, and this 
legislation is needed to authorize the transfer of that station to the 
local agency for future operations.
  This legislation is supported by the Bureau, the Agency and the local 
elected officials, and I appreciate all their hard work in this 
endeavor. I would specifically like to thank the members of the Placer 
County Water Agency: Current Board Chairman Lowell Jarvis; board 
members Alex Ferreira, Otis Wollen, and Mike Lee; and new board member 
Grey Allen have all worked to enable the Agency to meet the water-use 
needs of the community it serves. I also want to recognize former board 
member Pauline Roccucci who spoke with me many times on this issue. I 
want to thank General Manager Dave Breninger, who has been and remains 
a tireless and passionate advocate of the permanent pump station and 
Strategic Affairs Director Einar Maisch who offered strong testimony in 
support of this bill and helped us to get here today.
  As the completion of the pump station will provide regional benefits 
to so many in Western Placer County, I want to thank the City Councils 
in Rocklin and Lincoln and our County Board of Supervisors for their 
steadfast support of this critical project. I would also be remiss for 
not recognizing the commitment and dedication of two local U.S. Bureau 
of Reclamation staff: Regional Director Kirk Rodgers and Central Area 
Office Manager Mike Finnegan.
  This entire group made up the team which worked for years in 
advancing the permanent American River Pump Station to get us to the 
point we are at today, and it is with them in mind that I urge my 
colleagues to join me in supporting H.R. 482.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank my colleague, Mrs. McMorris Rodgers. Hopefully, 
we will be able to continue working in a bipartisan manner to get these 
very, very critical projects going and approved and moving out of this 
House. I am sure that we are going to have others that are just equally 
important. I hope the same consideration is given to all those.
  Mrs. McMORRIS RODGERS. Mr. Speaker, let me just say congratulations 
to the chairman of the Water and Power Subcommittee. I do look forward 
to working with her on a bipartisan basis to move many of these 
projects forward, important projects, all across the country.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Napolitano) that the House suspend 
the rules and pass the bill, H.R. 482.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. DOOLITTLE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________