IB
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sly Park Unit Convey-
ance Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) DISTRICT.—The term ‘‘District’’ means the
El Dorado Irrigation District, a political subdivision
of the State of California that has its principal place
of business in the city of Placerville, El Dorado Coun-
ty, California.
(2) ORIGINAL
CONSTRUCTION
CONTRACT.—The
term ‘‘original construction contract’’ means the re-
payment contract between the District and the Sec-
retary numbered 14–06–200–949, as amended and re-
newed.
(3) PROJECT.—The term ‘‘Project’’ means all of
the right, title, and interest in and to the Sly Park
Dam and Reservoir, the Camp Creek Diversion Dam
and Tunnel, and other conduits, canals, facilities,
and property held by the United States pursuant to
or related to the authorization in the Act entitled ‘‘An
Act to authorize the American River Basin Develop-
ment, California, for irrigation and reclamation, and
for other purposes’’, approved October 14, 1949 (63
Stat. 852 chapter 690).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) 
SUPPLEMENTAL
CONTRACTS.—The 
term
‘‘supplemental contracts’’ means the repayment con-
tracts between the District and the Secretary num-
bered 14–06–200–7734, 14–06–200–4282A, and 14–
06–200–8536A.
SEC. 3. CONVEYANCE OF PROJECT.
(a) IN GENERAL.—In consideration of the District ac-
cepting the obligations of the Federal Government for the
Project and upon the payment by the District of the net
present value of the remaining repayment obligation of the
District under the original construction contract, deter-
mined in accordance with Office of Management and Budg-
et Circular A–129 (as in effect on the date of enactment
of this Act), the Secretary shall convey the Project to the
District. Such conveyance shall be subject to a reversion in
favor of the United States if the remaining repayment obli-
gations of the District under the supplemental contracts are
not completed in accordance with those contracts.
(b) DEADLINE.—
(1) IN GENERAL.—If no changes in Project oper-
ations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance expeditiously, but not later than 180 days
after the date of the enactment of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District notifies the Secretary that it
intends to change Project operations as a result of the
conveyance under subsection (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enactment
of this Act.
(3) ADMINISTRATIVE COSTS OF CONVEYANCE.—If
the Secretary fails to complete the conveyance under
this Act before the applicable deadline under para-
graph (1) or (2), the full cost of administrative action
and environmental compliance for the conveyance
shall be paid by the Secretary. If the Secretary com-
pletes the conveyance before that deadline, 1⁄2 of such
cost shall be paid by the District.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued as significantly expanding or otherwise changing the
use or operation of the Project from its current use and
operation.
(b) FUTURE ALTERATIONS.—If the District alters the
use or operation of the Project it shall comply with all ap-
plicable laws or regulations governing such changes at that
time (subject to section 5).
SEC. 5. RELATIONSHIP TO CONTRACT OBLIGATIONS.
(a) ORIGINAL CONSTRUCTION CONTRACT.—Provision
of consideration by the District in accordance with section
3(a) shall extinguish all repayment obligations under the
original construction contract.
(b) SUBSEQUENT CONSTRUCTION CONTRACTS.—
(1) PAYMENT
OBLIGATIONS
NOT
AFFECTED.—
Subject to paragraph (2), the conveyance of the
Project under this Act does not affect the repayment
obligations of the District under the subsequent con-
struction contracts.
(2) PREPAYMENT.—The District may at any
time prepay its remaining repayment obligations
under the subsequent construction contracts by ten-
dering to the Secretary the net present value, at that
time, of the remaining repayment obligations under
those contracts, determined in accordance with Office
of Management and Budget Circular A–129 (as in ef-
fect on the date of enactment of this Act). Effective on
the date of such tender, or on the date of completion
of all repayment obligations under the subsequent
construction contracts, whichever occurs first, any re-
versionary interest of the United States in and to the
Project is extinguished.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
(a) RECLAMATION LAWS.—Except as provided in sub-
section (b), upon conveyance of the Project under this Act,
the Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply
to the Project.
(b) PAYMENTS INTO THE CENTRAL VALLEY PROJECT
RESTORATION FUND.—The El Dorado Irrigation District
shall continue to make payments into the Central Valley
Project Restoration Fund until the year 2029. The Dis-
trict’s obligation shall be calculated in the same manner
as Central Valley Project water contractors.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this Act, the United
States shall not be liable for damages of any kind arising
out of any act, omission, or occurrence based on its prior
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
El Dorado Irrigation District, and for other pur-
poses.
JULY 26, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed