[House Report 105-811]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-811
_______________________________________________________________________
A BILL TO PROVIDE FOR OUTLET MODIFICATIONS TO FOLSOM DAM, CALIFORNIA,
RECONSTRUCTION OF NORTHFORK AMERICAN RIVER COFFERDAM, TRANSFER OF
AUBURN DAM SITE, AND FOR OTHER PURPOSES
_______
October 12, 1998.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4111]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.--At the request of the Governor of California, in
consideration of the State of California accepting the obligations of
the United States related to the Auburn Project, the Secretary shall
transfer to the State of California all right, title, and interest of
the United States to the Auburn Project not later than 1 year after
completion of the projects authorized by sections 1 and 2.
(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) Reversionary Interest.--All right, title, and interest in and to
all property and interests transferred under subsection (b) shall
revert to the United States on the date on which the State of
California uses any of such property or interests for other than a
purpose that is for both water resources development and flood control.
(e) Liability.--On and after the date of the transfer of the Project
to the State of California pursuant to 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.
PURPOSE OF THE BILL
The purpose of H.R. 4111 is to authorize the Secretary of
Interior 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.
BACKGROUND AND NEED FOR LEGISLATION
The American River descends from the Sierra Nevada crest to
the largest river in California, the Sacramento. A 115,000-acre
floodplain lies at the confluence, encompassing much of
Sacramento. Historically, this region has been prone to
flooding. Approximately 400,000 people and 165,000 structures,
including the State Capitol, are contained within the 400-year
floodplain.
Congress authorized the Bureau of Reclamation of the
Department of the Interior to construct the Auburn Dam on the
Northfork of the American River in 1965. Reclamation intended
Auburn Dam to be the largest in the Central Valley Project.
Construction began in 1967. An earthquake in 1975 caused the
Bureau to evaluate the dam's quake-resistance and halted
construction which has not been resumed. In 1986, severe
flooding raised the issue of whether the region had sufficient
flood protection. At the direction of Congress, the Army Corps
of Engineers, along with the State of California Reclamation
Board, and later the Sacramento Area Flood Control Agency
proceeded to study the issue.
COMMITTEE ACTION
H.R. 4111 was introduced by Congressman John T. Doolittle
(R-CA) on June 23, 1998. The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Water and Power. On June 25, 1998, the Subcommittee held a
hearing on the bill. After the hearing concluded, the
Subcommittee met to consider H.R. 4111 that same day.
Congressman Doolittle offered an amendment en bloc which
required that the transfer be initiated at the request of the
Governor of California; the amendment was adopted by voice
vote. No other amendments were offered and the bill was ordered
favorably reported to the Full Resources Committee by a roll
call vote of 10 to 4, as follows:
subcommittee on water and power--recorded votes
Date: June 25, 1998.
Bill No./subject matter: H.R. 4111/Auburn Dam site final
passage.
Rollcall: Passed.
----------------------------------------------------------------------------------------------------------------
Republicans Yea Nay Present Democrats Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Doolittle...................... X ........ ......... DeFazio.......... ........ X .........
Calvert........................ X ........ ......... Miller........... ........ X .........
Pombo.......................... X ........ ......... Pickett.......... ........ ........ .........
Chenoweth...................... X ........ ......... Dooley........... ........ X .........
Smith, Linda................... X ........ ......... Farr............. ........ X .........
Radanovich..................... X ........ ......... Smith, Adam...... ........ ........ .........
Thornberry..................... X ........ ......... Kind............. ........ ........ .........
Shadegg........................ ........ ........ ......... Doggett.......... ........ ........ .........
Ensign......................... X ........ ......... ................. ........ ........ .........
Smith, Bob..................... ........ ........ ......... ................. ........ ........ .........
Cannon......................... X ........ ......... ................. ........ ........ .........
Crapo.......................... X ........ ......... ................. ........ ........ .........
------------------------------- ------------------------------
Total Republicans........ 10 ........ ......... Total ........ 4 .........
Democrats.
----------------------------------------------------------------------------------------------------------------
On July 15, 1998, the Full Resources Committee met to
consider H.R. 4111. No further amendments were offered and the
bill as amended was ordered favorably reported to the House of
Representatives by a bipartisan roll call vote of 24-8, as
follows:
Bill No. H.R. 4111, short title Auburn Dam.
Amendment or matter voted on: Final passage.
----------------------------------------------------------------------------------------------------------------
Member Yea Nay Present Member Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)........... X ........ ......... Mr. Miller....... ........ X .........
Mr. Tauzin..................... X ........ ......... Mr. Markey....... ........ ........ .........
Mr. Hansen..................... X ........ ......... Mr. Rahall....... ........ ........ .........
Mr. Saxton..................... X ........ ......... Mr. Vento........ ........ ........ .........
Mr. Gallegly................... ........ ........ ......... Mr. Kildee....... ........ X .........
Mr. Duncan..................... ........ ........ ......... Mr. DeFazio...... ........ X .........
Mr. Hefley..................... ........ ........ ......... Mr. Faleomavaega. ........ ........ .........
Mr. Doolittle.................. X ........ ......... Mr. Abercrombie.. ........ ........ .........
Mr. Gilchrest.................. ........ ........ ......... Mr. Ortiz........ X ........ .........
Mr. Calvert.................... X ........ ......... Mr. Pickett...... X ........ .........
Mr. Pombo...................... X ........ ......... Mr. Pallone...... ........ ........ .........
Mrs. Cubin..................... X ........ ......... Mr. Dooley....... ........ X .........
Mrs. Chenoweth................. X ........ ......... Mr. Romero- ........ ........ .........
Barcelo.
Mrs. Linda Smith............... X ........ ......... Mr. Hinchey...... ........ X .........
Mr. Radanovich................. X ........ ......... Mr. Underwood.... ........ ........ .........
Mr. Jones...................... X ........ ......... Mr. Farr......... ........ X .........
Mr. Thornberry................. X ........ ......... Mr. Kennedy...... ........ ........ .........
Mr. Shadegg.................... X ........ ......... Mr. Adam Smith... ........ ........ .........
Mr. Ensign..................... X ........ ......... Mr. Delahunt..... ........ X .........
Mr. Bob Smith.................. X ........ ......... Mr. John......... ........ ........ .........
Mr. Cannon..................... X ........ ......... Ms. Green........ ........ ........ .........
Mr. Brady...................... X ........ ......... Mr. Kind......... ........ X .........
Mr. Peterson................... X ........ ......... Mr. Doggett...... ........ ........ .........
Mr. Hill....................... X ........ .........
Mr. Schaffer................... ........ ........ .........
Mr. Gibbons.................... X ........ .........
Mr. Crapo...................... X ........ .........
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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact H.R. 4111.
COST OF THE LEGISLATION
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 4111. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
COMPLIANCE WITH HOUSE RULE XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
4111 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. According to the Congressional
Budget Office, enactment of H.R. 4111 would require new
spending subject to appropriation and increase offsetting
receipts by less than $7,500 per year beginning in 2004.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 4111.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4111 from the Director of the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 20, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4111, 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 of all right, title,
and interest in and to the Auburn Dam, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Gary Brown.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 4111--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
Summary: H.R. 4111 would authorize the Secretary of the
Interior, acting through the Bureau of Reclamation (BOR), to
modify Folsom Dam and construct a dam on the American River. It
would authorize the appropriation of $231 million for these
purposes and such sums as necessary for operating and
maintaining these projects and for related expenses. The bill
also would authorize the Secretary to transfer the Auburn
Project to the state of California.
CBO estimates that implementing the bill would require new
spending subject to appropriation totaling $196 million over
the 1999-2003 period. (The remaining amounts authorized by the
bill would be spent after 2003.) Enacting H.R. 4111 would not
affect direct spending or receipts for the next five years;
therefore, pay-as-you-go procedures would not apply. The
legislation contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The proposed modifications to Folsom Dam, the dam proposed
for the American River, and the Auburn Project are intended
primarily for controlling flooding in and around Sacramento,
California. The Auburn Project is only partially complete. BOR
ceased construction of the Auburn Dam in 1975 after an
earthquake raised concerns about its quake resistance. Although
most experts now concur that a seismically safe dam can be
built, environmental and cost sharing concerns have prevented
the bureau from resuming construction. The state of California
has expressed interest in obtaining title to and completing the
project.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4111 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003
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SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Estimated authorization level \1\..................... 2 2 2 2 2 2
Estimated outlays..................................... 2 2 2 2 2 2
Proposed changes:
Estimated authorization level......................... 0 12 12 69 69 69
Estimated outlays..................................... 0 8 10 49 61 69
Spending under H.R. 4111:
Estimated authorization level \1\..................... 2 14 14 71 71 71
Estimated outlays..................................... 2 10 12 51 63 71
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\1\ The 1998 level is the amount appropriated for that year for operating and maintaining Folsom Dam and the
Auburn Project. Continuation of these annual expenses is authorized under current law.
Note: H.R. 4111 also would affect direct spending by increasing offsetting receipts, but the receipts would be
less than $7,500 a year and would not begin until 2004.
Basis of estimate: For purposes of this estimate, CBO
assumes that:
H.R. 4111 will be enacted by the beginning of fiscal
year 1999,
nonfederal parties will pay those costs identified in
the bill as nonfederal,
the amounts authorized are for construction costs
only, and additional amounts subject to appropriation
will be needed for studies, operations, maintenance,
and related expenses, and
the amounts needed for implementing the bill will be
appropriated for each year.
Amounts of annual appropriations needed to meet anticipated
construction schedules were estimated by CBO based on
information provided by BOR. Estimated outlays are based on
historical rates of spending for the activities authorized by
the bill.
Spending subject to appropriation
Modifying Folsom Dam.--The bill would authorize the
appropriation of $101 million for modifying Folsom Dam.
Additional amounts totaling about $54 million would be paid by
nonfederal sponsors. Based on information provided by BOR, we
expect that the agency would begin designing the improvements
in 1999, that construction would begin in fiscal year 2001, and
that the modifications would be completed by the end of 2003.
In addition, an average of less than $2 million a year would be
needed beginning in 2004, the year after the modifications are
complete, to pay for new operational requirements.
Constructing an additional dam.--The bill would authorize
$130 million for constructing a dam on the American River.
Additional amounts totaling $70 million would be paid by
nonfederal sponsors. The dam would be constructed only if a
feasibility study indicates that the project compares favorably
to an alternative flood control project that has been proposed
for the area. For purposes of this estimate, CBO assumes that
the dam would be constructed and that design and construction
would follow roughly the same schedule as the modifications
proposed for Folsom Dam. Based on information provided by BOR,
CBO estimates that, in addition to the amounts authorized for
constructing the project, less than $100,000 would be needed in
1999 for conducting the feasibility study and less than
$100,000 would be needed each year beginning in 2004 for
operating and maintaining the project.
Auburn project.--CBO estimates that transferring the Auburn
Project to the state of California would reduce future spending
subject to appropriation by about $1 million per year beginning
in 2004, assuming appropriations are reduced to reflect lower
federal obligations related to the project. The bill would
authorize the Secretary of the Interior, at the request of the
governor of California, to transfer the Auburn Project to the
state within one year after completing the other projects
authorized by the bill. In exchange, the state of California
would accept certain obligations of the United States related
to the project, including the federal share of the cost of
managing the project site.
Under current law, BOR pays the state of California about
$1 million annually for managing the project site. These costs
would be borne by the state if transferred. Because the
transfer would not take place until the other projects
authorized by the bill are completed, CBO expects that any
transfer could not occur until 2004.
Direct spending
Enacting the bill would increase offsetting receipts by
less than $7,500 per year beginning in 2004. Nonfederal
entities are required under current law to pay a share of the
cost of operating and maintaining Folsom Dam. The modifications
to Folsom Dam that are proposed in H.R. 4111 would increase the
cost of operating and maintaining the dam by less than $10,000
a year. Based on information provided by BOR, CBO estimates
that up to 75 percent of the estimated increase in the cost of
operating and maintaining the dam would be repaid.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
H.R. 4111 contains no intergovernmental mandates as defined in
UMRA. Both the projects authorized by this bill--modification
of the Folsom Dam and reconstruction of the Northfork American
River Cofferdam--would be completed only if nonfederal partners
agree to contribute 35 percent of total project costs. Assuming
costs consistent with the amounts authorized by this bill, CBO
estimates that nonfederal contributions would total $124
million over fiscal years 1999 through 2003. In addition, CBO
estimates that these nonfederal entities would contribute a
small amount each year, beginning in 2004, towards operating
and maintaining the Folsom Dam.
The bill would authorize transfer of the Auburn Dam site to
the state of California only if such a transfer were requested
by the governor. Should the state accept this transfer, it
would also assume responsibility for the cost of managing the
site--about $1 million per year.
Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Gary Brown and Impact
on State, local, and tribal governments: Marjorie Miller.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
compliance with public law 104-4
H.R. 4111 contains no unfunded mandates.
changes in existing law
If enacted, H.R. 4111 would make no changes in existing
law.
DISSENTING VIEWS
The projects and land transfer conceived under this bill
are premature, environmentally destructive, and contrary to the
express wishes of the City of Sacramento for federal flood
control legislation.
The bill authorizes an entirely new project, to
``reconstruct'' the Auburn Dam cofferdam. That cofferdam is no
longer in existence, and this bill would authorize construction
of an entirely new dam--a dam that has never been the subject
of any feasibility study.
This bill suffers from the same problem as the Salton Sea
legislation passed by the House earlier this year--it ``pre-
authorizes'' a project before feasibility studies have been
completed. The amount authorized is smaller--$130 million
rather than $350 million--but this preauthorization is not the
way we normally proceed on water projects, and it is not the
way we should proceed in this case.
Although this project is described as a ``reconstruction''
of the cofferdam at the Auburn site, this is a clear
misrepresentation of the facts. This is a flood control dam,
pure and simple, it doesn't matter what you call it. At a
constructed height of nearly 300 feet, this dam ranks in size
with some of the biggest dams ever built by the Bureau of
Reclamation, including:
Keswick Dam, Friant Dam, and Lewiston Dam in
California (Central Valley Project);
Monticello Dam in California (Solano Project);
Pueblo Dam in Colorado (Fryingpan-Arkansas Project);
Lahontan Dam in Nevada (Newlands Project);
Canyon Ferry Dam in Montana (Pick-Sloan Missouri
Basin Program);
Elephant Butte Dam in New Mexico (Rio Grande
Project);
Theodore Roosevelt Dam in Arizona (Salt River
Project).
The proposed ``reconstructed'' cofferdam would flood many
miles of the American River. This is not a minor cofferdam--it
would be a major, permanent dam on one of our premier northern
California rivers. We cannot undertake a project of this
magnitude without careful review.
There are more objections to H.R. 4111:
The project has no identified local sponsor.
There have been no feasibility studies on the design,
costs, or seismic safety of the proposed dam. There has
been no environmental review. H.R. 4111 requires only a
limited economic and performance comparison with the
preferred local/Army project.
There is no effective support for this proposal in
the Senate or the Administration.
H.R. 4111 transfers a Bureau of Reclamation project
without any clear provisions for repayment of expended
funds.
The project is a flood control project being
authorized in a House Committee without clear
jurisdiction over flood control.
The enormous costs and environmental impacts of a large
Auburn Dam have led several federal agencies and this Congress
to reject its construction. Most recently, it was rejected in
the CALFED review of potential water storage options for
California. The smaller dam authorized in this bill would have
many of the same impacts. These upstream impacts are
conveniently ignored by this bill, which requires consideration
only of downstream impacts.
Apart from the environmental consequences, we must consider
whether construction of this dam and transfer of the lands to
the State of California will assist with the flood control
solution endorsed by the City of Sacramento.
The Sacramento City Council and the Sacramento Area Flood
Control Agency have endorsed the flood control solutions
included in H.R. 3698, to improve the Folsom Dam outlet works
and the downstream levee bypass systems. We should be helping
the people of Sacramento to improve their flood protection
projects, not diverting attention by preauthorizing
construction of a new and environmentally destructive large
flood control dam. For these reasons, I must oppose H.R. 4111.
George Miller.