I

106TH CONGRESS

1ST SESSION H. R. 992

To convey the Sly Park Dam and Reservoir to the El Dorado Irrigation

District, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1999

Mr. DOOLITTLE introduced the following bill; which was referred to the

Committee on Resources

A BILL

To convey the Sly Park Dam and Reservoir to the El Dorado

Irrigation District, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This title may be cited as the ‘‘Sly Park Unit Convey5 ance Act’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this title:

8 (1) The term ‘‘District’’ means the El Dorado

9 Irrigation District, a political subdivision of the

10 State of California that has its principal place of
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1 business in the city of Placerville, El Dorado Coun2 ty, California.

3 (2) The term ‘‘Secretary’’ means the Secretary

4 of the Interior.

5 (3) The term ‘‘Project’’ means all of the right,

6 title, and interest in and to the Sly Park Dam and

7 Reservoir, Camp Creek Diversion Dam and Tunnel,

8 and conduits and canals held by the United States

9 pursuant to or related to the authorization in the

10 Act entitled ‘‘An Act to authorize the American

11 River Basin Development, California, for irrigation

12 and reclamation, and for other purposes,’’ approved

13 October 14, 1949 (63 Stat. 852 chapter 690);

14 SEC. 3. CONVEYANCE OF PROJECT.

15 (a) IN GENERAL.—In consideration of the District

16 accepting the obligations of the Federal Government for

17 the Project and subject to the payment by the District

18 of the net present value of the remaining repayment obli19 gation, as determined by Office of Management and Budg20 et Circular A–129 (in effect on the date of enactment of

21 this Act), the Secretary shall convey the Project to the

22 District. Such transfer shall be subject to a reversion in

23 favor of the United States if the remaining repayment ob24 ligations to the United States, referred to in section 5(a),

25 are not completed.
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1 (b) DEADLINE.—

2 (1) IN GENERAL.—If no changes in Project op3 erations are expected following the conveyance under

4 subsection (a), the Secretary shall complete the con5 veyance expeditiously, but not later than 180 days

6 after the date of the enactment of this Act.

7 (2) DEADLINE IF CHANGES IN OPERATIONS IN8 TENDED.—If the District intends to change Project

9 operations as a result of the conveyance under sub10 section (a), the Secretary—

11 (A) shall take into account those potential

12 changes for the purpose of completing any re13 quired environmental evaluation associated with

14 the conveyance; and

15 (B) shall complete the conveyance by not

16 later than 2 years after the date of the enact17 ment of this Act.

18 (3) ADMINISTRATIVE COSTS OF CONVEY19 ANCE.—If the Secretary fails to complete the con20 veyance under this title before the applicable dead21 line under paragraph (1) or (2), the full cost of ad22 ministrative action and environmental compliance for

23 the conveyance shall be borne by the Secretary. If

24 the Secretary completes the conveyance before that
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1 deadline, one-half of such cost shall be paid by the

2 District.

3 SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

4 (a) IN GENERAL.—Nothing in this title shall be con5 strued as significantly expanding or otherwise changing

6 the use or operation of the Project from its current use

7 and operation.

8 (b) FUTURE ALTERATIONS.—If the District alters

9 the operations or uses of the Project it shall comply with

10 all applicable laws or regulations governing such changes

11 at that time (subject to section 5).

12 SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA13 TIONS.

14 (a) PAYMENT OBLIGATIONS NOT AFFECTED.—The

15 conveyance of the project under this title does not affect

16 the payment obligations of the District under the contract

17 between the District and the Secretary numbered 14–06–

18 200–7734, as amended by contracts numbered 14–06–

19 200–4282A and 14–06–200–8536A. At any time, the Dis20 trict may elect to prepay its remaining repayment obliga21 tions under contract numbered 14–06–200–7734, as

22 amended by contracts numbered 14–06–200–4282A and

23 14–06–200–8536A, by tendering to the Secretary the net

24 present value, at that time, of the remaining repayment

25 obligation as determined by Office of Management and
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1 Budget Circular A–129 (in effect on the date of enactment

2 of this title). Effective on the date of such tender, or on

3 the date of completion of all repayment obligations, which4 ever occurs first, any reversionary interest of the United

5 States in and to the Project is extinguished.

6 (b) PAYMENT OBLIGATIONS EXTINGUISHED.—Provi7 sion of consideration by the District in accordance with

8 section 403(b) shall extinguish all payment obligations

9 under contract numbered 14–06–200–949IR1 between the

10 District and the Secretary.

11 SEC. 6. RELATIONSHIP TO OTHER LAWS.

12 (a) RECLAMATION LAWS.—Except as provided in

13 subsection (b), upon conveyance of the Project under this

14 title, the Reclamation Act of 1902 (82 Stat. 388) and all

15 Acts amendatory thereof or supplemental thereto shall not

16 apply to the Project.

17 (b) PAYMENTS INTO THE CENTRAL VALLEY

18 PROJECT RESTORATION FUND.—The El Dorado Irriga19 tion District shall continue to make payments into the

20 Central Valley Project Restoration Fund until the year

21 2029. The District’s obligation shall be calculated in the

22 same manner as Central Valley Project water contractors.

23 SEC. 7. LIABILITY.

24 Except as otherwise provided by law, effective on the

25 date of conveyance of the Project under this title, the
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1 United States shall not be liable for damages of any kind

2 arising out of any act, omission, or occurrence based on

3 its prior ownership or operation of the conveyed property.

Æ