[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.

                                  
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