IB
Union Calendar No. 455
105TH CONGRESS
2D SESSION
H. R. 4111
[Report No. 105–811]
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
OCTOBER 12, 1998
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 June 23, 1998]
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, Califor-
nia, substantially in accordance with the Sacramento Area
Flood Control Agency report entitled ‘‘Folsom Dam Modi-
fication 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 capacity.
(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 en-
abling 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 Secretary
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 Re-
lease 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 sec-
tion, the term ‘‘Auburn Project’’ means the Auburn Dam
and Reservoir portion of the Auburn-Folsom South Unit,
Central Valley Project.
(b) TRANSFER.—At the request of the Governor of Cali-
fornia, in consideration of the State of California accepting
the obligations of the United States related to the Auburn
Project, the Secretary shall transfer to the State of Califor-
nia all right, title, and interest of the United States to the
Auburn Project not later than 1 year after completion of
the projects authorized by sections 1 and 2.
(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 pumping
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 Utility
District real property rights sufficient to enable such
utility district to construct and operate facilities nec-
essary to divert, treat, and store water supplies from
American River, and to treat and dispose of sewage
and wastewater.
(d) REVERSIONARY INTEREST.—All right, title, and
interest in and to all property and interests transferred
under subsection (b) shall revert to the United States on
the date on which the State of California uses any of such
property or interests for other than a purpose that is for
both water resources development and flood control.
(e) LIABILITY.—On and after the date of the transfer
of the Project to the State of California pursuant to sub-
section (b), the United States shall not be liable under any
law for damages of any kind arising out of any act, omis-
sion, 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 Reclamation.
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.
Union Calendar No. 455
105TH CONGRESS
2D SESSION
H. R. 4111
[Report No. 105–811]
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 inter-
est in and to the Auburn Dam, and for other
purposes.
OCTOBER 12, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed