[Senate Report 110-119]
[From the U.S. Government Publishing Office]
Calendar No. 252
110th Congress Report
SENATE
1st Session 110-119
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AMERICAN RIVER PUMP STATION PROJECT TRANSFER ACT OF 2007
_______
June 28, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 482]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 482) to direct the Secretary of the
Interior to transfer ownership of the American River Pump
Station Project, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the Act do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 482 is to direct the Secretary of the
Interior to transfer ownership of the American River Pump
Station Project, and for other purposes.
BACKGROUND AND NEED
In order to construct Auburn Dam in California, the Placer
County Water Agency (Agency) transferred land and a pumping
station on the American River constructed by the Agency in the
1970s to Reclamation. In exchange for the transfer, Reclamation
agreed to provide the Agency a temporary water supply until
Auburn Dam was completed. After construction was completed, the
Dam would provide water to the Agency. Approximately 30 years
ago, construction of the Auburn Dam was halted and the project
was never completed. Reclamation has since removed the pumping
station transferred from the Agency to Reclamation in the
1970s. Beginning in 1990, Reclamation installed pumps on a
temporary basis for the benefit of the Agency. In order to help
the Agency meet its summer water demand, Reclamation installs
the temporary pumps in the spring but is forced to remove them
before winter so that they will not be destroyed by high river
flows in the winter. In order to make water available to the
Agency on a permanent basis, the Agency and Reclamation entered
into a contract (#02-LC-20-7790) under which Reclamation will
construct a new permanent pump station in the American River
Canyon that will allow the Agency access to approximately
35,500 acre feet of water per year. The American River Pump
Station Project will include a pump station, intake structures,
diversion structures and other appurtenances. The contract
between the Agency and Reclamation requires an act of Congress
before title to the American River Pump Station Project is
transferred from the United States to the Agency.
LEGISLATIVE HISTORY
H.R. 482 was introduced on January 16, 2007 by
Representative John Doolittle and referred to the House
Committee on Natural Resources. Under suspension of the rules,
H.R. 482 passed the House of Representatives on February 7,
2007. The bill was received in the Senate and referred to the
Committee on Energy and Natural Resources. At its business
meeting on May 23, 2007, the Committee ordered H.R. 482
favorably reported.
During the 109th Congress, the Committee considered a
similar measure, H.R. 4204, introduced by Representative
Doolittle on November 2, 2005 and referred to the House
Resources Committee. A hearing was held by the Water and Power
Subcommittee on February 8, 2006. The Committee, by unanimous
consent, favorably reported H.R. 4204 on April 25, 2006 (H.
Rept. 109-430). Under suspension of the rules, H.R. 4204 passed
the House of Representatives on May 9, 2006. The bill was
received in the Senate and referred to the Committee on Energy
and Natural Resources. The Subcommittee on Water and Power held
a hearing on June 28, 2006. S. Hrg. 109-674. No further action
occurred prior to the sine die adjournment of the 109th
Congress.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 23, 2007, by voice vote of a quorum
present, recommends that the Senate pass H.R. 482.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2 directs the Secretary of the Interior to transfer
ownership of the American River Pump Station (including
associated facilities and property interests) to the Placer
County Water Agency in accordance with the Act and the terms of
an existing contract between the Agency and the United States.
Section 3 states that the Federal costs associated with the
American River Pump Station are nonreimbursable.
Section 4 authorizes the Secretary to transfer title as
specified in section 2 in full satisfaction of the United
States' obligations under an existing Land Purchase contract
(14-06-859-308).
Section 5(a) requires the Secretary to comply with
environmental and other applicable laws prior to conveying any
land and facilities pursuant to the Act.
Section 5(b) disclaims that anything in the Act modifies or
alters any obligations under the National Environmental Policy
Act or the Endangered Species Act.
Section 6 releases the United States from liability as
specified, effective on the date of the transfer of land and
facilities under the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
May 29, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 482, the American
River Pump Station Project Transfer Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 482--American River Pump Station Project Transfer Act of 2007
H.R. 482 would direct the Secretary of the Interior to
convey certain federal land and a water pumping facility that
is under construction on the American River to the Placer
County Water Agency in California. Based on information from
the Bureau of Reclamation, CBO estimates that enacting H.R. 482
would have no significant impact on the federal budget.
The bureau is constructing a water pumping station to
replace the station that it acquired and dismantled in the
early 1970s to build the planned Auburn Dam. To date, however,
the Auburn Dam has not been built and there are no current
plans to build it. Currently, the Placer County Water Agency
expects that construction of the water pumping facility will be
completed in the spring of 2008. Under this act, once the
pumping station is constructed, the Secretary would convey it
and some adjacent land and facilities to the Placer County
Water Agency.
The bureau installs a temporary water pump each spring so
that the agency can access its water rights. The pump must be
removed every fall due to high flood waters during the winter
months. The bureau spends between $220,000 to $450,000 annually
to operate and maintain this temporary pumping station. CBO
estimates that the federal government could save those
operation and maintenance costs once the new station is
finished.
H.R. 482 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The facilities and land conveyance authorized by this act would
be accepted voluntarily by the Placer County Water Agency.
Thus, any costs it might incur to comply with the conditions of
conveyance would be incurred voluntarily.
The CBO staff contact for this estimate is Tyler Kruzich.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 482. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program.
Therefore, there would be no impact on personal privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 482, as ordered reported.
EXECUTIVE COMMUNICATIONS
Because H.R. 482 is similar to legislation considered by
the Committee in the 109th Congress, the Committee did not
request Executive Agency Views. The testimony provided by the
Bureau of Reclamation at the Subcommittee hearing in the 109th
Congress on H.R. 4204 follows:
Statement of William E. Rinne, Acting Commissioner, Bureau of
Reclamation
Madam Chairwoman and members of the Subcommittee, I am Bill
Rinne, Acting Commissioner of the Bureau of Reclamation. Thank
you for the opportunity to appear before you today. The
Department supports H.R. 4204, a bill to transfer ownership of
the American River Pump Station Project to Placer County Water
Agency (PCWA) upon completion of construction.
The American River Pump Station replaces a permanent
pumping plant constructed by PCWA in the late 1960's on the
North Fork of the American River. The principal function of the
original pumping plant was to convey water supply from PCWA's
Middle Fork Project to the Auburn Ravine Tunnel for use in
Placer County, California.
Reclamation initiated construction of Auburn Dam in 1967.
Construction of the dam was authorized by the Act of September
2, 1965 (P.L. 89-161, 79 Stat. 615). At the time construction
of the dam was beginning, PCWA maintained a pumping station
just upstream from the proposed dam site. The pumping station
could not remain in place during construction of the Auburn
Dam.
In lieu of condemnation by the United States, PCWA entered
into a Land Purchase Agreement with Reclamation in 1972,
transferring PCWA's land and facilities in the American River
canyon to the United States, but not their water rights. The
Land Purchase Agreement obligated Reclamation to deliver 25,000
acre-feet of Middle Fork Project water annually to PCWA until
Auburn Dam was completed, at which time PCWA would divert all
their water from the reservoir. To fulfill this obligation
under terms of the Land Purchase Agreement, every year since
1972 Reclamation has installed a temporary pump station each
April. The temporary facility remains in service until November
when it is removed because of high winter flows that typically
inundate the site.
Construction of Auburn Dam was halted in 1975 and has yet
to be resumed. In the interim, Placer County has become
increasingly urbanized. Consequently, PCWA will soon require
year-round access to its full water supply from the Middle Fork
Project. This demand substantially exceeds the capacity of the
temporary facility. In addition, installation and removal of
the temporary pump station each year is becoming increasingly
costly.
Considering the circumstances, Reclamation and PCWA
determined that a new permanent pumping plant was the best
long-term solution for providing PCWA access to its water. PCWA
further determined that it had needs for a higher-capacity pump
than Reclamation would be obligated to provide. In 2003,
Reclamation and PCWA entered into a cost-share agreement for
the construction of a permanent pumping plant which stipulates
that PCWA will pay all incremental costs of materials and
construction necessary to enable the pumping plant to deliver
water above the capacity negotiated to meet Reclamation's
obligations to PCWA and that title will be transferred to PCWA
upon completion of the permanent pumping plant, currently
scheduled for 2008. The title transfer is contingent upon
statutory authority, as provided in H.R. 4204.
H.R. 4204 would not impact other Central Valley Project
(CVP) water or power contractors. The completed project will
not be operationally or financially integrated with the CVP,
nor will it provide benefits to other CVP water and power
contractors. Georgetown Divide Public Utility District could
potentially access water through agreements with PCWA. Total
costs for the completed project are projected to be
approximately $55 million, and the cost share agreement
provides that the Federal share for construction is
approximately 70 percent. Although the payment of fair market
value is normally a requirement for transfer of facilities from
Federal ownership, given the circumstance that Reclamation is
responsible for the destruction of PCWA's original pumping
plant and obligated to provide equivalent water deliveries, and
the expense of annually installing annual pump stations, the
cost share agreement protects the interest of taxpayers in this
case. Transferring title will also relieve the Federal
Government of the obligations and liabilities of operating and
maintaining the facility.
That concludes my testimony. I am pleased to answer any
questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 482, as
ordered reported.