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.
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) The term ‘‘El Dorado Irrigation District’’ or
‘‘District’’ means a political subdivision of the State
of California duly organized, existing, and acting
pursuant to the laws thereof with its principal place
of business in the city of Placerville, El Dorado Coun-
ty, California.
(2) The term ‘‘Secretary’’ means the Secretary of
the Interior.
(3) The term ‘‘Sly Park Unit’’ means the Sly
Park Dam and Reservoir, Camp Creek Diversion
Dam and Tunnel and conduits and canals as author-
ized under the Act entitled ‘‘An Act to authorize the
American River Basin Development, California, for
irrigation and reclamation, and for other purposes’’,
approved October 14, 1949 (63 Stat. 852 chapter
690), together with all other facilities owned by the
United States including those used to convey and
store water delivered from Sly Park, as well as all
recreation facilities associated thereto.
SEC. 3. SALE OF THE SLY PARK UNIT.
(a) The Secretary shall, on or before December 31,
1997, and upon receipt of the payment for the original con-
struction debt described in subsection (b), sell and convey
to the El Dorado Irrigation District all right, title, and
interest of the United States in and to the Sly Park Unit.
At the time the Sly Park Unit is conveyed, the Secretary
shall also transfer and assign to the District the water
rights relating to the Sly Park Unit held in trust by the
Secretary for diversion and storage under California State
permits numbered 2631 and 12258 and other valid permits
issued by the California State Water Resources Control
Board.
(b) The sale price for the Sly Park Unit shall be
$2,600,000. Payment shall be deposited as miscellaneous re-
ceipts in the Treasury. Payment of such price shall extin-
guish all payment obligations under contract numbered 14–
06–200–949IR1 between the District and the Secretary.
(c) The terms of the transfer shall include a commit-
ment by the El Dorado Irrigation District to continue to
use and operate the facility for the existing purposes follow-
ing the transfer. If the District chooses to alter the oper-
ations or uses in the future it shall comply with all applica-
ble laws or regulations governing such changes at that time.
SEC. 4. CERTAIN CONTRACT OBLIGATIONS NOT AFFECTED.
The sale of the Sly Park Unit under this Act shall not
affect the payment obligations of the District under the con-
tract between the District and the Secretary numbered 14–
06–200–7734, as amended by contracts numbered 14–06–
200–4282A and 14–06–200–8536A.
SEC. 5. TREATMENT OF SALES FOR PURPOSES OF CERTAIN
LAWS.
(a) The sales of assets under this Act shall not be con-
sidered a disposal of Federal surplus property under the
following provisions of law:
(1) Section 203 of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 484).
(2) Section 13 of the Surplus Property Act of
1944 (50 U.S.C. App. 1622).
(b) The Congress specifically finds that (1) the sale,
conveyance and assignment of the Sly Park Unit and water
rights under this Act involves the transfer of the ownership
and operation of an existing ongoing water project, (2) the
Sly Park Unit will continue to be operated for the existing
purposes following the transfer, pursuant to section 3(c) of
this Act, and (3) the sale, conveyance and assignment of
the Sly Park Unit and water rights does not involve any
additional growth or expansion of the Project or other envi-
ronmental impacts. The sale, conveyance and assignment
of the Sly Park Unit and water rights is consistent with
the National Environmental Policy Act of 1969 (42 U.S.C.
4332) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) without additional environmental review and,
consequently, no new environmental documentation is re-
quired pursuant to such Acts.
SEC. 6. 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 for 35 years after enactment of the Act. The District’s
obligation shall be calculated in the same manner as
Central Valley Project water contractors.
SEC. 7. RECLAMATION ACT APPLICABILITY.
Upon conveyance of the title to the Sly Park Unit, the
El Dorado Irrigation District shall no longer be subject to
the Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto, except as pro-
vided in section 7 of this Act.