I

104TH CONGRESS

2D SESSION H. R. 3270

To authorize and direct the Secretary of the Army to expeditiously construct

a project for flood control on the Sacramento and American Rivers,

California, and to authorize and direct the Secretary of the Interior

and the Secretary of the Army to enter into agreements that allow

the State of California or other non-Federal sponsors to construct, without cost to the United States, a multipurpose dam and related facilities

at Auburn on the American River.

IN THE HOUSE OF REPRESENTATIVES

APRIL 18, 1996

Mr. DOOLITTLE (for himself, Mr. MATSUI, Mr. FAZIO of California, Mr.

POMBO, Mr. HERGER, Mr. RADANOVICH, Mr. CONDIT, and Mr. DOOLEY

of California) introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure, and in addition to the

Committee on Resources, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize and direct the Secretary of the Army to expeditiously construct a project for flood control on the Sacramento and American Rivers, California, and to authorize and direct the Secretary of the Interior and the

Secretary of the Army to enter into agreements that

allow the State of California or other non-Federal sponsors to construct, without cost to the United States,

a multipurpose dam and related facilities at Auburn on

the American River.
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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 ‘‘Disaster Prevention

5 and Fiscal Responsibility Act of 1996’’.

6 TITLE I—TRANSFER OF AUBURN

7 DAM AND RESERVOIR PROJECT

8 SEC. 101. TRANSFER OF ADMINISTRATIVE JURISDICTION.

9 Administrative jurisdiction over the Auburn Dam and

10 Reservoir project authorized by the Act entitled ‘‘An Act

11 to authorize the Secretary of the Interior to construct, op12 erate, and maintain the Auburn-Folsom South unit, Amer13 ican River division, Central Valley project, California,

14 under Federal reclamation laws’’, approved September 2,

15 1965 (43 U.S.C. 616aaa–616fff; Public Law 89–161), is

16 transferred from the Secretary of the Interior to the Sec17 retary of the Army.

18 SEC. 102. PROJECT DESCRIPTION; APPLICABILITY OF

19 LAWS.

20 The project referred to in section 101 shall be carried

21 out in accordance with title II of this Act instead of the

22 Act of September 2, 1965 (43 U.S.C. 616aaa–616fff; Pub23 lic Law 89–161). The project shall not be subject to any

24 Federal reclamation law but shall be subject to any Fed-
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1 eral law which is generally applicable to water resources

2 projects carried out by the Secretary of the Army.

3 SEC. 103. REDUCTION AND TRANSFER OF AUTHORIZATION

4 OF APPROPRIATIONS.

5 (a) REDUCTION AND TRANSFER.—On the date of the

6 enactment of this Act, the amount authorized to be appro7 priated by the 1st sentence of section 6 of the Act of Sep8 tember 2, 1965 (43 U.S.C. 616fff) as adjusted by inflation

9 indexing provisions contained in the Act of September 2,

10 1965, is hereby reduced by 50 percent and transferred to

11 the Secretary of the Army for the purposes of carrying

12 out the provisions of this Act. Such amount shall be ad13 justed plus or minus such amounts, if any, as may be re14 quired by reason of changes in construction costs as indi15 cated by engineering cost indexes applicable to the type

16 of construction involved.

17 (b) ADMINISTRATIVE PROVISION.—All amounts au18 thorized to be appropriated by titles II and III of this Act

19 are authorized to be appropriated out of the amount trans20 ferred by subsection (a).
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1 TITLE II—SACRAMENTO AND

2 AMERICAN RIVERS FLOOD

3 CONTROL PROJECT

4 SEC. 201. SACRAMENTO AND AMERICAN RIVERS FLOOD

5 CONTROL PROJECT.

6 (a) AUTHORIZATION.—Notwithstanding any other

7 provision of law, the Secretary of the Army shall construct

8 expeditiously the project for flood control and recreation

9 on the Sacramento and American Rivers, California, sub10 stantially in accordance with the Detention Dam Alter11 native specified in the report of the Chief of Engineers,

12 dated June 30, 1996, at a total estimated cost of

13 $948,700,000 (1996 prices), plus or minus such amounts,

14 if any, as may be justified by reason of ordinary fluctua15 tions in construction costs as indicated by engineering cost

16 indexes applicable to the types of construction involved in

17 the project, with an estimated first Federal cost of

18 $711,500,000 and an estimated first non-Federal cost of

19 $237,200,000. The project shall be augmented as follows:

20 (1) INTERIM PUMPING FACILITIES.—

21 (A) IN GENERAL.—The project shall also

22 include the construction of a pumping plant, ac23 cess roads, and appurtenant facilities of suffi24 cient size to fulfill the United States obligations

25 to the Placer County Water Agency (hereinafter
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1 in this title referred to as the ‘‘Agency’’) under

2 its contract number 14–06–859–308, as amend3 ed as of the date of the enactment of this Act.

4 The United States shall furnish to the Agency

5 sufficient electric capacity and energy to enable

6 water to be pumped from the North Fork

7 American River through such facilities into the

8 Agency’s Auburn Tunnel at a continuous rate

9 of not less than 100 cubic feet per second until

10 the completion of the multipurpose dam and

11 reservoir facility at Auburn pursuant to title

12 III. The pumping plant, access roads, electric

13 capacity, and energy shall be furnished by the

14 United States without cost to the Agency.

15 (B) DESIGN.—The pumping plant and fa16 cilities shall be designed and constructed for

17 year-round operation and under storm runoff

18 conditions of up to 100-year frequency.

19 (C) ADDITIONAL CAPACITY AT REQUEST

20 OF AGENCY.—At the Agency’s request, the Sec21 retary shall construct the pumping plant and

22 appurtenant facilities at a size larger than 100

23 cubic feet per second with all costs for pumping

24 facilities, energy, and capacity above 100 cubic
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1 feet per second to be borne by the Agency on

2 an incremental basis.

3 (D) OPPORTUNITY FOR DISTRICT TO RE4 QUEST ADDITIONAL CAPACITY.—At the request

5 of the Georgetown Divide Public Utility District

6 (hereinafter in this title referred to as the ‘‘Dis7 trict’’), the Secretary shall construct the pump8 ing plant and appurtenant facilities at a size

9 larger than 100 cubic feet per second to provide

10 for delivery of Central Valley Project water by

11 exchange or transfer as authorized under the

12 Energy and Water Development Appropriations

13 Act, 1991 (Public Law 101–514) or the deliv14 ery of such nonproject water as may be ac15 quired by the District. All costs for pumping fa16 cilities, energy, and capacity above 100 cubic

17 feet per second requested by the District shall

18 be borne by the District on an incremental

19 basis. The ownership and operation of the

20 pumping plant and appurtenant facilities shall

21 be subject to an agreement between the Agency

22 and the District. The United States shall fur23 nish to the District sufficient electrical energy

24 capacity and energy to enable exchanged or
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1 transferred water to be pumped from the North

2 Fork American River to the service area.

3 (E) OPERATION AND MAINTENANCE BY

4 AGENCY.—The Agency shall assume ownership

5 of and responsibility for the operation and

6 maintenance of the pumping plant, access

7 roads, and facilities, except for the furnishing of

8 electric capacity and energy as provided for in

9 this paragraph, once the facilities are completed

10 and transferred to the Agency by the United

11 States.

12 (F) FUNDING.—There is authorized to be

13 appropriated for construction of the interim

14 pumping facilities under this paragraph

15 $9,100,000 (1996 prices) plus or minus such

16 amounts, if any, as may be justified by reason

17 of ordinary fluctuations in construction costs as

18 indicated by engineering cost indexes applicable

19 to the types of construction involved in con20 struction of such facilities. There is also author21 ized to be appropriated such additional sums as

22 may be required for the operation and mainte23 nance of the pumping plant and appurtenant

24 facilities prior to their transfer to the Agency

25 under subparagraph (E).
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1 (2) FUTURE EXPANSION AND POWER GENERA2 TION.—

3 (A) IN GENERAL.—The facilities to be con4 structed under this title shall be designed and

5 constructed to enable future expansion as de6 scribed in title III of this Act.

7 (B) INCLUSION OF EXPANDABILITY FEA8 TURES IN DESIGN.—To provide future opportu9 nities for municipal, industrial, and agricultural

10 water supply, hydroelectric power generation,

11 recreation, instream requirements for American

12 River flows, and other beneficial uses, the de13 sign and construction of facilities under this

14 title shall provide for water flow control and

15 outlet capacity for a 2,300,000 acre foot stor16 age facility and shall enable the future addition

17 of features for power generation.

18 (C) COST SHARING OF EXPANDABILITY

19 FEATURES.—To the extent that subparagraph

20 (B) necessitates the design and construction of

21 features not otherwise authorized under sub22 section (a), such costs shall be treated as a re23 imbursable project cost and shall be paid by the

24 non-Federal interests that will benefit from the

25 expanded project following its completion.
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1 (b) PROJECT PURPOSES.—The purposes of the

2 project under this section are to provide for flood control

3 for the Sacramento area, to mitigate adverse effects of the

4 project on fish and wildlife resources, to provide recreation

5 in the canyons of the American River upstream of Folsom

6 Dam and in the Natomas area of Sacramento, and to

7 allow for the future convenient and economic construction

8 of a multipurpose water storage and hydroelectric power

9 generation project as described in title III.

10 (c) CONSULTING BOARD.—

11 (1) ESTABLISHMENT.—To ensure that the

12 project under this section permits expansion to a

13 multipurpose project as described in title III in the

14 most efficient and economical manner practicable,

15 the Secretary of the Army shall cooperate with the

16 State of California to establish an independent con17 sulting board composed of recognized dam engineer18 ing experts.

19 (2) FUNCTIONS.—The board shall—

20 (A) review the detailed design and con21 struction effort under this Act;

22 (B) provide technical confirmation that the

23 project to be constructed under this section will

24 create no significantly greater economic, proce25 dural, or other impediments to construction of
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1 the multipurpose project under title III than

2 would be the case with the construction of the

3 project and the multipurpose project as a single

4 project; and

5 (C) be impaneled until such time as the

6 multipurpose dam facility under title III is rea7 sonably completed.

8 (3) FUNDING.—There is authorized to be ap9 propriated to carry out this subsection $2,000,000.

10 (d) COST SHARING RESPONSIBILITIES.—

11 (1) BUREAU OF RECLAMATION LANDS AND

12 WORK.—The United States shall receive credit as

13 part of the Federal cost of the project under this

14 section for the value for any lands provided and

15 works constructed by the Bureau of Reclamation

16 which are incorporated into the project as specified

17 in the feasibility report of the Chief of Engineers.

18 (2) DEPARTMENTS OF INTERIOR AND AGRI19 CULTURE COOPERATION AND LANDS.—The Sec20 retary of the Interior and the Secretary of Agri21 culture shall cooperate with the Secretary of the

22 Army and transfer to the Secretary of the Army

23 such lands as the Secretary of the Army may re24 quest as necessary to carry out the project. Upon

25 completion of construction of any facility under this
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1 title, all project lands, rights-of-way, water rights,

2 and facilities associated with the facility shall be

3 transferred to the State of California under the

4 Recreation and Public Purposes Act to be managed

5 consistent with the purposes of the project.

6 (3) JURISDICTION AFTER TRANSFER.—Facility

7 lands shall be subject to State law and jurisdiction

8 and shall be administered exclusively by the State of

9 California or its agents upon transfer of the project

10 to non-Federal entities.

11 (4) DEPARTMENT OF TRANSPORTATION CO12 OPERATION AND STUDIES.—Subject to the contribu13 tion of the non-Federal interests pursuant to section

14 105 of the Water Resources Development Act of

15 1986, the Secretary of Transportation shall partici16 pate in, and provide appropriate Federal financial

17 assistance for, feasibility and environmental studies

18 by the State of California on alternative alignments

19 for the relocation of that portion of California Route

20 49 which will be affected by the project.

21 (e) MITIGATION MEASURES.—

22 (1) SOIL CONSERVATION.—The dam facility

23 under this section shall be designed and operated,

24 consistent with the requirements of this Act, to min25 imize, to the greatest practicable extent, adverse ef-
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1 fects of the project on soils and vegetation resulting

2 from inundation and release of flood waters as speci3 fied in the feasibility report of the Chief of Engi4 neers.

5 (2) FISH AND WILDLIFE MITIGATION MEAS6 URES.—The dam facility shall include such measures

7 to mitigate adverse effects of the facility on aquatic,

8 riparian, and upland habitat of fish and wildlife re9 sources as are specified in the feasibility report of

10 the Chief of Engineers. Such mitigation measures

11 shall be accomplished, to the extent practicable, on

12 lands in Federal ownership on the date of the enact13 ment of this Act.

14 (f) ADDITIONAL PROJECT AUTHORIZATIONS.—

15 (1) LEVEE IMPROVEMENTS.—The Secretary of

16 the Army may (A) construct, (B) credit against the

17 non-Federal share of the project under subsection

18 (a) the cost of, or (C) reimburse the non-Federal

19 sponsors for constructing, levee improvements speci20 fied in the draft supplemental information report re21 ferred to in subsection (a), including the insertion of

22 a slurry wall in the center of existing lower Amer23 ican River levees and stabilizing and raising portions

24 of approximately 12 miles of existing levees along

25 the East bank of the Sacramento River downstream
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1 from the Natomas Cross Canal. Such construction

2 shall be carried out immediately and independent of

3 and concurrent with construction of facilities under

4 subsection (a). The Secretary shall construct an

5 emergency flood warning system for the American

6 River, California, including telemeter upstream flow

7 gauges, at a total estimated cost of $250,000.

8 (2) FLOOD CONTROL CAPACITY AT FOLSOM

9 RESERVOIR.—

10 (A) INTERIM FLOOD PROTECTION.—Upon

11 completion of the term of the operating agree12 ment for Folsom Dam and Reservoir between

13 the Secretary of the Interior and the Sac14 ramento Area Flood Control Agency, dated

15 March 22, 1995, and until the detention dam

16 authorized by this section is providing adequate

17 protection against a flood event of 150-year fre18 quency to residents of the American River

19 Floodplain, California, the Secretary of the In20 terior shall take such actions as may be nec21 essary to continue providing such area with a

22 100-year level of flood protection (as deter23 mined by the Federal Emergency Management

24 Agency) by such means as the Secretary of the

25 Interior determines appropriate.
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1 (B) STANDARD.—In making a determina2 tion of appropriate interim flood protection

3 under this paragraph, the Secretary of the Inte4 rior shall not diminish the protection provided

5 by means of the operating criteria for Folsom

6 Dam and Reservoir specified in the March 22,

7 1995, agreement between the Secretary of the

8 Interior and the Sacramento Area Flood Con9 trol Agency unless such a reduction is made

10 possible by actions other than—

11 (i) those authorized by paragraph (1),

12 or

13 (ii) other flood control improvements

14 made by non-Federal interests at their own

15 expense.

16 (C) COST SHARING FOR INTERIM FLOOD

17 PROTECTION.—The United States shall bear 75

18 percent of the cost of the means determined to

19 provide interim flood protection under this

20 paragraph.

21 (D) MODIFICATION OF AGREEMENT.—The

22 Secretary of the Interior shall modify the allo23 cation of costs specified in the agreement re24 ferred to in subparagraph (A) so that the Unit25 ed States shall be responsible for providing re-
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1 placement water and power to Central Valley

2 Project water and power contractors under the

3 agreement and shall pay 75 percent of the cost

4 of providing such replacement water and power.

5 The Sacramento Area Flood Control Agency

6 shall be responsible for paying the remaining 25

7 percent of such costs.

8 (3) RISK ASSESSMENT.—

9 (A) IN GENERAL.—In consultation with

10 the Sacramento Area Flood Control Agency and

11 the California Department of Water Resources,

12 the Secretary of the Interior and the Secretary

13 of the Army shall complete, not later than 2

14 years after the date of the enactment of this

15 Act, a comprehensive risk assessment of Folsom

16 Dam and its ancillary facilities to evaluate their

17 performance when they are operated in conjunc18 tion with the facilities to be constructed under

19 this title, during periods of normal operation

20 and extreme loading, so as to determine the

21 risk that the dam may fail to perform the func22 tions for which it was intended.

23 (B) RESULTING ACTIONS.—Based on the

24 findings of the risk assessment, the Secretary of

25 the Interior shall take such actions as may be
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1 necessary to ensure that Folsom Dam meets

2 minimum Federal dam safety standards. Any

3 actions taken beyond those necessary to meet

4 minimum Federal dam safety standards must

5 be authorized by law. Except as provided in

6 subparagraph (C), any costs associated with the

7 project which are ineligible for Federal cost8 sharing and which are necessary to ensure that

9 Folsom Dam meets minimum Federal dam

10 safety standards shall be Federal costs.

11 (C) COST SHARING.—The assessment shall

12 be subject to cost-sharing on a 75 percent Fed13 eral, 25 percent non-Federal basis.

14 (D) REPORT.—In consultation with the

15 Sacramento Area Flood Control Agency and the

16 California Department of Water Resources, the

17 Secretary of the Interior and the Secretary of

18 the Army shall prepare a joint report on the re19 sults of the assessment for the purpose of pro20 viding Federal and local authorities and the

21 Consulting Board established under subsection

22 (c) with recommendations on the steps needed

23 to ensure the safety of Folsom Dam and its an24 cillary facilities.
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1 (E) FUNDING.—There is authorized to be

2 appropriated to the Secretary of the Interior for

3 the Federal share of the risk assessment of the

4 Folsom Dam facilities under this paragraph

5 $500,000 (1996 prices).

6 (4) ADDITIONAL ACTIONS TO EXTEND FLOOD

7 PROTECTION.—The Secretary of the Army shall take

8 such actions as may be necessary to ensure the fol9 lowing:

10 (A) Construction of the flood control

11 project for Magpie Creek, California, under sec12 tion 205 of the Flood Control Act of 1948 (33

13 U.S.C. 701s; 62 Stat. 1182).

14 (B) Entry into an agreement to provide

15 payment by the United States, or to credit

16 against the non-Federal share of the project au17 thorized by subsection (a), for elements of the

18 Sacramento Area Flood Control Agency’s North

19 Area Local Development project that are reim20 bursable under section 9159 of the Department

21 of Defense Appropriations Act, 1993 (106 Stat.

22 1944).

23 (C) Completion of feasibility studies to re24 duce the risk of flooding from the South Sac25 ramento Stream group, Sacramento, California.
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1 (D) Construction of elements of the Sac2 ramento River bank protection project that will

3 contribute to the safety and integrity of levees

4 on the lower American River, California.

5 SEC. 202. NATOMAS LEVEE AND RELATED CONSTRUCTION.

6 (a) CONSTRUCTION.—The Secretary of the Army

7 shall construct each of the following features of the North

8 Area Local Project of the American River Watershed In9 vestigation as described in the draft supplemental infor10 mation report referred to in section 201(a), subject to en11 tering into appropriate local cost-sharing agreements with

12 the non-Federal sponsors of each of such features:

13 (1) Natomas Cross Canal and Pleasant Grove

14 Creek Canal.

15 (2) Sankey Road and Pleasant Grove Hydraulic

16 Mitigation.

17 (b) CREDIT FOR CERTAIN NON-FEDERAL WORK.—

18 The Secretary of the Army shall credit against the non19 Federal share of the cost of construction authorized by

20 subsection (a), or reimburse the non-Federal sponsors for,

21 the cost of any planning (including environmental compli22 ance), engineering, design, and construction performed by

23 or for the non-Federal sponsors with respect to any of the

24 facilities the construction of which is authorized under

25 subsection (a) if such cost is incurred before the Secretary
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1 receives appropriations to initiate such construction and

2 is consistent with draft supplemental information report

3 referred to in section 201(a).

4 (c) FUNDING.—There is authorized to be appro5 priated for the planning, engineering, design, and con6 struction of the facilities under subsection (a),

7 $17,000,000 plus or minus such amounts, if any, as may

8 be justified by reason of ordinary fluctuations in construc9 tion costs as indicated by engineering cost indexes applica10 ble to the types of construction under subsection (a).

11 SEC. 203. CIRBY, LINDA, AND DRY CREEKS FLOOD CON12 TROL PROJECTS, CALIFORNIA.

13 The Secretary of the Army shall carry out a flood

14 control project to make improvements to the channels and

15 associated flood walls and levees on Cirby, Linda, and Dry

16 Creeks, Placer and Sacramento Counties, California, and

17 to construct bypass channels and bridges for such creeks,

18 at a total cost of $14,800,000, with an estimated Federal

19 cost of $11,100,000, and an estimated non-Federal cost

20 of $3,700,000.

21 TITLE III—AUBURN DAM WATER

22 CONSERVATION PROJECT

23 SEC. 301. AUBURN DAM WATER CONSERVATION PROJECT.

24 (a) AUTHORIZATION.—Notwithstanding any other

25 provision of law, the Secretary of the Army and the Sec-
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1 retary of the Interior shall enter into agreements with the

2 State of California for the transfer, without compensation

3 to the United States (other than any non-Federal cost

4 sharing provided under title II), of all interest in and title

5 to lands, rights-of-way, water rights, and facilities con6 stituting and adjacent to the Auburn Dam portion of the

7 Auburn-Folsom South Unit, Central Valley Project, and

8 the project authorized by title II of this Act under author9 ity of the Recreation and Public Purposes Act. The trans10 fer under this subsection shall be made upon completion

11 of the dam facility under title II, but not later than 15

12 years after the date of the enactment of this Act. If no

13 agreement is reached by the end of such 15-year period

14 and the Governor of the State of California so requests,

15 the Secretary of the Interior shall make such transfer to

16 the State without restriction.

17 (b) COMPENSATION.—

18 (1) NATIONAL INTEREST.—Congress recognizes

19 the existence of substantial national interest in the

20 earliest feasible development of a multipurpose Au21 burn Dam to provide flood protection, conserve

22 water for local public entities within Sacramento, El

23 Dorado, Placer, Sutter, and San Joaquin Counties,

24 California, recreation at Folsom Reservoir and else-
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1 where, and instream requirements for American

2 River flows and for other beneficial uses.

3 (2) ADDITIONAL TRANSFERS.—Any and all in4 terests in lands, easements, rights-of-way, and facili5 ties required for the multipurpose project under this

6 section by agencies and departments of the United

7 States, other than the Department of the Army,

8 shall be transferred in the manner provided in this

9 title.

10 (3) PURCHASE OF WATER.—The transfer agree11 ment under this section may also allow Federal

12 agencies to enter into agreements with State or non13 Federal entities for the purchase of water and hy14 droelectric energy available from the multipurpose

15 project under this section to meet Federal needs.

16 (4) LIMITATION ON RECOVERY OF FLOOD CON17 TROL CONSTRUCTION COSTS.—Federal contributions

18 provided for flood control facility construction under

19 this section shall not now, or at any time in the fu20 ture, be recoverable, and the agreements providing

21 for the transfer under subsection (a) shall provide

22 for the nonrecoverability of such Federal contribu23 tions.

24 (c) CONDITIONS FOR FUTURE EXPANSION.—Expan25 sion of facilities under this title is authorized to take place
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1 at any time in the future, including during project design,

2 construction, or any time thereafter without further Fed3 eral authorization—

4 (1) if 1 or more non-Federal interests, includ5 ing local public bodies within Sacramento, El Do6 rado, Placer, Sutter, and San Joaquin Counties,

7 California, and the State of California, are prepared

8 to finance and develop the multipurpose features of

9 the Auburn Dam consistent with this Act; and

10 (2) if the State of California, in consultation

11 with the Secretary of the Army, the Sacramento

12 Area Flood Control Agency, and other local bodies

13 referred to in paragraph (1), certifies that such ex14 pansion will not materially impair or diminish the

15 level of flood protection designed to be provided by

16 the project authorized by title II.

17 The agreements providing for the transfer under sub18 section (a) shall also require the certification referred to

19 in subparagraph (2).

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