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Union Calendar No. 154

106TH CONGRESS

1ST SESSION H. R. 992

[Report No. 106–259]

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

JULY 26, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 4, 1999]

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 Act may be cited as the ‘‘Sly Park Unit Convey5 ance Act’’.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) DISTRICT.—The term ‘‘District’’ means the

4 El Dorado Irrigation District, a political subdivision

5 of the State of California that has its principal place

6 of business in the city of Placerville, El Dorado Coun7 ty, California.

8 (2) ORIGINAL CONSTRUCTION CONTRACT.—The

9 term ‘‘original construction contract’’ means the re10 payment contract between the District and the Sec11 retary numbered 14–06–200–949, as amended and re12 newed.

13 (3) PROJECT.—The term ‘‘Project’’ means all of

14 the right, title, and interest in and to the Sly Park

15 Dam and Reservoir, the Camp Creek Diversion Dam

16 and Tunnel, and other conduits, canals, facilities,

17 and property held by the United States pursuant to

18 or related to the authorization in the Act entitled ‘‘An

19 Act to authorize the American River Basin Develop20 ment, California, for irrigation and reclamation, and

21 for other purposes’’, approved October 14, 1949 (63

22 Stat. 852 chapter 690).

23 (4) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.

25 (5) SUPPLEMENTAL CONTRACTS.—The term

26 ‘‘supplemental contracts’’ means the repayment con-
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1 tracts between the District and the Secretary num2 bered 14–06–200–7734, 14–06–200–4282A, and 14–

3 06–200–8536A.

4 SEC. 3. CONVEYANCE OF PROJECT.

5 (a) IN GENERAL.—In consideration of the District ac6 cepting the obligations of the Federal Government for the

7 Project and upon the payment by the District of the net

8 present value of the remaining repayment obligation of the

9 District under the original construction contract, deter10 mined in accordance with Office of Management and Budg11 et Circular A–129 (as in effect on the date of enactment

12 of this Act), the Secretary shall convey the Project to the

13 District. Such conveyance shall be subject to a reversion in

14 favor of the United States if the remaining repayment obli15 gations of the District under the supplemental contracts are

16 not completed in accordance with those contracts.

17 (b) DEADLINE.—

18 (1) IN GENERAL.—If no changes in Project oper19 ations are expected following the conveyance under

20 subsection (a), the Secretary shall complete the con21 veyance expeditiously, but not later than 180 days

22 after the date of the enactment of this Act.

23 (2) DEADLINE IF CHANGES IN OPERATIONS IN24 TENDED.—If the District notifies the Secretary that it
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1 intends to change Project operations as a result of the

2 conveyance under subsection (a), the Secretary—

3 (A) shall take into account those potential

4 changes for the purpose of completing any re5 quired environmental evaluation associated with

6 the conveyance; and

7 (B) shall complete the conveyance by not

8 later than 2 years after the date of the enactment

9 of this Act.

10 (3) ADMINISTRATIVE COSTS OF CONVEYANCE.—If

11 the Secretary fails to complete the conveyance under

12 this Act before the applicable deadline under para13 graph (1) or (2), the full cost of administrative action

14 and environmental compliance for the conveyance

15 shall be paid by the Secretary. If the Secretary completes the conveyance before that deadline, 1 16 ⁄2 of such

17 cost shall be paid by the District.

18 SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

19 (a) IN GENERAL.—Nothing in this Act shall be con20 strued as significantly expanding or otherwise changing the

21 use or operation of the Project from its current use and

22 operation.

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

24 use or operation of the Project it shall comply with all ap-
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1 plicable laws or regulations governing such changes at that

2 time (subject to section 5).

3 SEC. 5. RELATIONSHIP TO CONTRACT OBLIGATIONS.

4 (a) ORIGINAL CONSTRUCTION CONTRACT.—Provision

5 of consideration by the District in accordance with section

6 3(a) shall extinguish all repayment obligations under the

7 original construction contract.

8 (b) SUBSEQUENT CONSTRUCTION CONTRACTS.—

9 (1) PAYMENT OBLIGATIONS NOT AFFECTED.—

10 Subject to paragraph (2), the conveyance of the

11 Project under this Act does not affect the repayment

12 obligations of the District under the subsequent con13 struction contracts.

14 (2) PREPAYMENT.—The District may at any

15 time prepay its remaining repayment obligations

16 under the subsequent construction contracts by ten17 dering to the Secretary the net present value, at that

18 time, of the remaining repayment obligations under

19 those contracts, determined in accordance with Office

20 of Management and Budget Circular A–129 (as in ef21 fect on the date of enactment of this Act). Effective on

22 the date of such tender, or on the date of completion

23 of all repayment obligations under the subsequent

24 construction contracts, whichever occurs first, any re-
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1 versionary interest of the United States in and to the

2 Project is extinguished.

3 SEC. 6. RELATIONSHIP TO OTHER LAWS.

4 (a) RECLAMATION LAWS.—Except as provided in sub5 section (b), upon conveyance of the Project under this Act,

6 the Reclamation Act of 1902 (82 Stat. 388) and all Acts

7 amendatory thereof or supplemental thereto shall not apply

8 to the Project.

9 (b) PAYMENTS INTO THE CENTRAL VALLEY PROJECT

10 RESTORATION FUND.—The El Dorado Irrigation District

11 shall continue to make payments into the Central Valley

12 Project Restoration Fund until the year 2029. The Dis13 trict’s obligation shall be calculated in the same manner

14 as Central Valley Project water contractors.

15 SEC. 7. LIABILITY.

16 Except as otherwise provided by law, effective on the

17 date of conveyance of the Project under this Act, the United

18 States shall not be liable for damages of any kind arising

19 out of any act, omission, or occurrence based on its prior

20 ownership or operation of the conveyed property.

Union Calendar No. 154

106TH CONGRESS

1ST SESSION H. R. 992

[Report No. 106–259 ]

A BILL

To convey the Sly Park Dam and Reservoir to the

poses.El Dorado Irrigation District, and for other purJULY 26, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,