Union Calendar No. 413

104TH CONGRESS

2D SESSION H. R. 3903

[Report No. 104–768]

A BILL

To require the Secretary of the Interior to sell the

poses.Sly Park Dam and Reservoir, and for other purSEPTEMBER 4, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 413

104TH CONGRESS

2D SESSION H. R. 3903

[Report No. 104–768]

To require the Secretary of the Interior to sell the Sly Park Dam and

Reservoir, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 1996

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

Committee on Resources

SEPTEMBER 4, 1996

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 July 25, 1996]

A BILL

To require the Secretary of the Interior to sell the Sly

Park Dam and Reservoir, 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) The term ‘‘El Dorado Irrigation District’’ or

4 ‘‘District’’ means a political subdivision of the State

5 of California duly organized, existing, and acting

6 pursuant to the laws thereof with its principal place

7 of business in the city of Placerville, El Dorado Coun8 ty, California.

9 (2) The term ‘‘Secretary’’ means the Secretary of

10 the Interior.

11 (3) The term ‘‘Sly Park Unit’’ means the Sly

12 Park Dam and Reservoir, Camp Creek Diversion

13 Dam and Tunnel and conduits and canals as author14 ized under the Act entitled ‘‘An Act to authorize the

15 American River Basin Development, California, for

16 irrigation and reclamation, and for other purposes’’,

17 approved October 14, 1949 (63 Stat. 852 chapter

18 690), together with all other facilities owned by the

19 United States including those used to convey and

20 store water delivered from Sly Park, as well as all

21 recreation facilities associated thereto.

22 SEC. 3. SALE OF THE SLY PARK UNIT.

23 (a) The Secretary shall, on or before December 31,

24 1997, and upon receipt of the payment for the original con25 struction debt described in subsection (b), sell and convey

26 to the El Dorado Irrigation District all right, title, and
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1 interest of the United States in and to the Sly Park Unit.

2 At the time the Sly Park Unit is conveyed, the Secretary

3 shall also transfer and assign to the District the water

4 rights relating to the Sly Park Unit held in trust by the

5 Secretary for diversion and storage under California State

6 permits numbered 2631 and 12258 and other valid permits

7 issued by the California State Water Resources Control

8 Board.

9 (b) The sale price for the Sly Park Unit shall be

10 $2,600,000. Payment shall be deposited as miscellaneous re11 ceipts in the Treasury. Payment of such price shall extin12 guish all payment obligations under contract numbered 14–

13 06–200–949IR1 between the District and the Secretary.

14 (c) The terms of the transfer shall include a commit15 ment by the El Dorado Irrigation District to continue to

16 use and operate the facility for the existing purposes follow17 ing the transfer. If the District chooses to alter the oper18 ations or uses in the future it shall comply with all applica19 ble laws or regulations governing such changes at that time.

20 SEC. 4. CERTAIN CONTRACT OBLIGATIONS NOT AFFECTED.

21 The sale of the Sly Park Unit under this Act shall not

22 affect the payment obligations of the District under the con23 tract between the District and the Secretary numbered 14–

24 06–200–7734, as amended by contracts numbered 14–06–

25 200–4282A and 14–06–200–8536A.
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1 SEC. 5. TREATMENT OF SALES FOR PURPOSES OF CERTAIN

2 LAWS.

3 (a) The sales of assets under this Act shall not be con4 sidered a disposal of Federal surplus property under the

5 following provisions of law:

6 (1) Section 203 of the Federal Property and Ad7 ministrative Services Act of 1949 (40 U.S.C. 484).

8 (2) Section 13 of the Surplus Property Act of

9 1944 (50 U.S.C. App. 1622).

10 (b) The Congress specifically finds that (1) the sale,

11 conveyance and assignment of the Sly Park Unit and water

12 rights under this Act involves the transfer of the ownership

13 and operation of an existing ongoing water project, (2) the

14 Sly Park Unit will continue to be operated for the existing

15 purposes following the transfer, pursuant to section 3(c) of

16 this Act, and (3) the sale, conveyance and assignment of

17 the Sly Park Unit and water rights does not involve any

18 additional growth or expansion of the Project or other envi19 ronmental impacts. The sale, conveyance and assignment

20 of the Sly Park Unit and water rights is consistent with

21 the National Environmental Policy Act of 1969 (42 U.S.C.

22 4332) and the Endangered Species Act of 1973 (16 U.S.C.

23 1531 et seq.) without additional environmental review and,

24 consequently, no new environmental documentation is re25 quired pursuant to such Acts.
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1 SEC. 6. PAYMENTS INTO THE CENTRAL VALLEY PROJECT

2 RESTORATION FUND.

3 The El Dorado Irrigation District shall continue to

4 make payments into the Central Valley Project Restoration

5 Fund for 35 years after enactment of the Act. The District’s

6 obligation shall be calculated in the same manner as

7 Central Valley Project water contractors.

8 SEC. 7. RECLAMATION ACT APPLICABILITY.

9 Upon conveyance of the title to the Sly Park Unit, the

10 El Dorado Irrigation District shall no longer be subject to

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

12 amendatory thereof or supplemental thereto, except as pro13 vided in section 7 of this Act.