I
105TH CONGRESS
2D SESSION
H. R. 4111
To provide for outlet modifications to Folsom Dam, a study for reconstruction
of the Northfork American River Cofferdam, and the transfer to the
State of California all right, title, and interest in and to the Auburn
Dam, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1998
Mr. DOOLITTLE (for himself, Mr. POMBO, Mr. HERGER, and Mr. YOUNG of
Alaska) introduced the following bill; which was referred to the Commit-
tee on Resources
A BILL
To provide for outlet modifications to Folsom Dam, a study
for reconstruction of the Northfork American River
Cofferdam, and the transfer to the State of California
all right, title, and interest in and to the Auburn Dam,
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. OUTLET MODIFICATIONS TO FOLSOM DAM.
(a) IN GENERAL.—The Secretary shall carry out the
new outlets plan for modifications of Folsom Dam, Cali-
fornia, substantially in accordance with the Sacramento
Area Flood Control Agency report entitled ‘‘Folsom Dam
Modification Report, New Outlets Plan’’, dated March,
1998.
(b) VARIABLE STORAGE SPACE.—Upon completion of
the project authorized by this section, the Secretary shall
operate the Folsom Dam and Reservoir to the variable
400,000/600,000 acre-feet of flood control storage capac-
ity.
(c) COST SHARE.—The Federal share of the cost of
the project authorized by this section shall be 65 percent
and the non-Federal share of the cost of such project shall
be 35 percent.
SEC. 2. RECONSTRUCTION OF NORTHFORK AMERICAN
RIVER COFFERDAM.
(a) STUDY.—Not later than 6 months after the date
of the enactment of this Act, the Secretary shall complete
a study to determine the feasibility of a project to recon-
struct and make safety improvements (including construc-
tion of a spillway or other overflow or outlet structure)
to Northfork American River Cofferdam, for the purpose
of enabling such Cofferdam to impound safely a minimum
of 180,000 acre/feet of water.
(b) DETERMINATION; CONSTRUCTION.—If, after con-
ducting the study pursuant to subsection (a), the Sec-
retary determines that such a project, when combined with
the modifications to Folsom dam identified under section
1, would provide greater flood control benefits at a lower
cost and with fewer downstream impacts than the Stepped
Release Plan described in the Army Corps of Engineers’
report entitled ‘‘March 1996 Supplemental Information
Report of the Chief of Engineers’’, the Secretary shall
carry out the Northfork American River Cofferdam
project referred to in subsection (a).
(c) COST SHARE.—The Federal share of the cost of
the project authorized by this section shall be 65 percent
and the non-Federal share of the cost of such project shall
be 35 percent.
SEC. 3. TRANSFER OF AUBURN DAM SITE.
(a) PROJECT DEFINED.—For the purposes of this
section, the term ‘‘Auburn Project’’ means the Auburn
Dam and Reservoir portion of the Auburn-Folsom South
Unit, Central Valley Project.
(b) TRANSFER.—
(1) TRANSFER
BY
SECRETARY.—In consider-
ation of the State of California accepting the obliga-
tions of the United States related to the Auburn
Project, the Secretary shall, not later than 1 year
after completion of the projects authorized by sec-
tions 1 and 2, transfer to the State of California all
right, title, and interest of the United States to the
Auburn Project.
(2) TRANSFER BY OPERATION OF LAW.—If the
Secretary fails to transfer the Auburn Project to the
State of California pursuant to paragraph (1) within
the 1 year period provided in such paragraph, all
right, title, and interest of the United States to the
Auburn Project shall vest in the State of California
by operation of law.
(c) RESERVATION.—Notwithstanding subsection (b),
the United States shall reserve sufficient interests in the
lands, rights-of-way, water rights, and facilities described
in subsection (a) to enable the United States—
(1) to perform the contractual obligations of the
United States to the Placer County Water Agency,
as set forth in the contracts which provide for pump-
ing facilities for, and the delivery of water to, the
Placer County Water Agency and are numbered 14–
06–200–5082(A), 14–06–859–308, and 14–06–859–
308(a); and
(2) to grant to Georgetown Divide Public Util-
ity District real property rights sufficient to enable
such utility district to construct and operate facili-
ties necessary to divert, treat, and store water sup-
plies from American River, and to treat and dispose
of sewage and wastewater.
(d) LIABILITY.—On and after the date of the transfer
of the Project to the State of California pursuant to para-
graph (1) or (2) of subsection (b), the United States shall
not be liable under any law for damages of any kind aris-
ing out of any act, omission, or occurrence relating to the
Project.
SEC. 4. SECRETARY DEFINED AND CLARIFIED.
For the purposes of this Act, the term ‘‘Secretary’’
shall mean the Secretary of the Interior. The Secretary
shall carry out this Act through the Bureau of Reclama-
tion.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) FOLSOM DAM MODIFICATIONS.—There is hereby
authorized to be appropriated to the Secretary of the Inte-
rior to carry out the project authorized by section 1 the
sum of $101,100,000.
(b) NORTHFORK AMERICAN RIVER COFFERDAM.—
There is hereby authorized to be appropriated to the Sec-
retary of the Interior to carry out the project authorized
by section 2 the sum of $130,000,000.
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