I
104TH CONGRESS
2D SESSION
H. R. 3270
To authorize and direct the Secretary of the Army to expeditiously construct
a project for flood control on the Sacramento and American Rivers,
California, and to authorize and direct the Secretary of the Interior
and the Secretary of the Army to enter into agreements that allow
the State of California or other non-Federal sponsors to construct, with-
out cost to the United States, a multipurpose dam and related facilities
at Auburn on the American River.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 1996
Mr. DOOLITTLE (for himself, Mr. MATSUI, Mr. FAZIO of California, Mr.
POMBO, Mr. HERGER, Mr. RADANOVICH, Mr. CONDIT, and Mr. DOOLEY
of California) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Resources, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To authorize and direct the Secretary of the Army to expedi-
tiously construct a project for flood control on the Sac-
ramento and American Rivers, California, and to author-
ize and direct the Secretary of the Interior and the
Secretary of the Army to enter into agreements that
allow the State of California or other non-Federal spon-
sors to construct, without cost to the United States,
a multipurpose dam and related facilities at Auburn on
the American River.
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 ‘‘Disaster Prevention
and Fiscal Responsibility Act of 1996’’.
TITLE I—TRANSFER OF AUBURN
DAM AND RESERVOIR PROJECT
SEC. 101. TRANSFER OF ADMINISTRATIVE JURISDICTION.
Administrative jurisdiction over the Auburn Dam and
Reservoir project authorized by the Act entitled ‘‘An Act
to authorize the Secretary of the Interior to construct, op-
erate, and maintain the Auburn-Folsom South unit, Amer-
ican River division, Central Valley project, California,
under Federal reclamation laws’’, approved September 2,
1965 (43 U.S.C. 616aaa–616fff; Public Law 89–161), is
transferred from the Secretary of the Interior to the Sec-
retary of the Army.
SEC. 102. PROJECT DESCRIPTION; APPLICABILITY OF
LAWS.
The project referred to in section 101 shall be carried
out in accordance with title II of this Act instead of the
Act of September 2, 1965 (43 U.S.C. 616aaa–616fff; Pub-
lic Law 89–161). The project shall not be subject to any
Federal reclamation law but shall be subject to any Fed-
eral law which is generally applicable to water resources
projects carried out by the Secretary of the Army.
SEC. 103. REDUCTION AND TRANSFER OF AUTHORIZATION
OF APPROPRIATIONS.
(a) REDUCTION AND TRANSFER.—On the date of the
enactment of this Act, the amount authorized to be appro-
priated by the 1st sentence of section 6 of the Act of Sep-
tember 2, 1965 (43 U.S.C. 616fff) as adjusted by inflation
indexing provisions contained in the Act of September 2,
1965, is hereby reduced by 50 percent and transferred to
the Secretary of the Army for the purposes of carrying
out the provisions of this Act. Such amount shall be ad-
justed plus or minus such amounts, if any, as may be re-
quired by reason of changes in construction costs as indi-
cated by engineering cost indexes applicable to the type
of construction involved.
(b) ADMINISTRATIVE PROVISION.—All amounts au-
thorized to be appropriated by titles II and III of this Act
are authorized to be appropriated out of the amount trans-
ferred by subsection (a).
TITLE 
II—SACRAMENTO 
AND
AMERICAN 
RIVERS 
FLOOD
CONTROL PROJECT
SEC. 201. SACRAMENTO AND AMERICAN RIVERS FLOOD
CONTROL PROJECT.
(a) AUTHORIZATION.—Notwithstanding any other
provision of law, the Secretary of the Army shall construct
expeditiously the project for flood control and recreation
on the Sacramento and American Rivers, California, sub-
stantially in accordance with the Detention Dam Alter-
native specified in the report of the Chief of Engineers,
dated June 30, 1996, at a total estimated cost of
$948,700,000 (1996 prices), plus or minus such amounts,
if any, as may be justified by reason of ordinary fluctua-
tions in construction costs as indicated by engineering cost
indexes applicable to the types of construction involved in
the project, with an estimated first Federal cost of
$711,500,000 and an estimated first non-Federal cost of
$237,200,000. The project shall be augmented as follows:
(1) INTERIM PUMPING FACILITIES.—
(A) IN GENERAL.—The project shall also
include the construction of a pumping plant, ac-
cess roads, and appurtenant facilities of suffi-
cient size to fulfill the United States obligations
to the Placer County Water Agency (hereinafter
in this title referred to as the ‘‘Agency’’) under
its contract number 14–06–859–308, as amend-
ed as of the date of the enactment of this Act.
The United States shall furnish to the Agency
sufficient electric capacity and energy to enable
water to be pumped from the North Fork
American River through such facilities into the
Agency’s Auburn Tunnel at a continuous rate
of not less than 100 cubic feet per second until
the completion of the multipurpose dam and
reservoir facility at Auburn pursuant to title
III. The pumping plant, access roads, electric
capacity, and energy shall be furnished by the
United States without cost to the Agency.
(B) DESIGN.—The pumping plant and fa-
cilities shall be designed and constructed for
year-round operation and under storm runoff
conditions of up to 100-year frequency.
(C) ADDITIONAL
CAPACITY
AT
REQUEST
OF AGENCY.—At the Agency’s request, the Sec-
retary shall construct the pumping plant and
appurtenant facilities at a size larger than 100
cubic feet per second with all costs for pumping
facilities, energy, and capacity above 100 cubic
feet per second to be borne by the Agency on
an incremental basis.
(D) OPPORTUNITY FOR DISTRICT TO RE-
QUEST ADDITIONAL CAPACITY.—At the request
of the Georgetown Divide Public Utility District
(hereinafter in this title referred to as the ‘‘Dis-
trict’’), the Secretary shall construct the pump-
ing plant and appurtenant facilities at a size
larger than 100 cubic feet per second to provide
for delivery of Central Valley Project water by
exchange or transfer as authorized under the
Energy and Water Development Appropriations
Act, 1991 (Public Law 101–514) or the deliv-
ery of such nonproject water as may be ac-
quired by the District. All costs for pumping fa-
cilities, energy, and capacity above 100 cubic
feet per second requested by the District shall
be borne by the District on an incremental
basis. The ownership and operation of the
pumping plant and appurtenant facilities shall
be subject to an agreement between the Agency
and the District. The United States shall fur-
nish to the District sufficient electrical energy
capacity and energy to enable exchanged or
transferred water to be pumped from the North
Fork American River to the service area.
(E) OPERATION
AND
MAINTENANCE
BY
AGENCY.—The Agency shall assume ownership
of and responsibility for the operation and
maintenance of the pumping plant, access
roads, and facilities, except for the furnishing of
electric capacity and energy as provided for in
this paragraph, once the facilities are completed
and transferred to the Agency by the United
States.
(F) FUNDING.—There is authorized to be
appropriated for construction of the interim
pumping 
facilities 
under 
this 
paragraph
$9,100,000 (1996 prices) plus or minus such
amounts, if any, as may be justified by reason
of ordinary fluctuations in construction costs as
indicated by engineering cost indexes applicable
to the types of construction involved in con-
struction of such facilities. There is also author-
ized to be appropriated such additional sums as
may be required for the operation and mainte-
nance of the pumping plant and appurtenant
facilities prior to their transfer to the Agency
under subparagraph (E).
(2) FUTURE EXPANSION AND POWER GENERA-
TION.—
(A) IN GENERAL.—The facilities to be con-
structed under this title shall be designed and
constructed to enable future expansion as de-
scribed in title III of this Act.
(B) INCLUSION OF EXPANDABILITY FEA-
TURES IN DESIGN.—To provide future opportu-
nities for municipal, industrial, and agricultural
water supply, hydroelectric power generation,
recreation, instream requirements for American
River flows, and other beneficial uses, the de-
sign and construction of facilities under this
title shall provide for water flow control and
outlet capacity for a 2,300,000 acre foot stor-
age facility and shall enable the future addition
of features for power generation.
(C) COST
SHARING
OF
EXPANDABILITY
FEATURES.—To the extent that subparagraph
(B) necessitates the design and construction of
features not otherwise authorized under sub-
section (a), such costs shall be treated as a re-
imbursable project cost and shall be paid by the
non-Federal interests that will benefit from the
expanded project following its completion.
(b) PROJECT
PURPOSES.—The purposes of the
project under this section are to provide for flood control
for the Sacramento area, to mitigate adverse effects of the
project on fish and wildlife resources, to provide recreation
in the canyons of the American River upstream of Folsom
Dam and in the Natomas area of Sacramento, and to
allow for the future convenient and economic construction
of a multipurpose water storage and hydroelectric power
generation project as described in title III.
(c) CONSULTING BOARD.—
(1) ESTABLISHMENT.—To ensure that the
project under this section permits expansion to a
multipurpose project as described in title III in the
most efficient and economical manner practicable,
the Secretary of the Army shall cooperate with the
State of California to establish an independent con-
sulting board composed of recognized dam engineer-
ing experts.
(2) FUNCTIONS.—The board shall—
(A) review the detailed design and con-
struction effort under this Act;
(B) provide technical confirmation that the
project to be constructed under this section will
create no significantly greater economic, proce-
dural, or other impediments to construction of
the multipurpose project under title III than
would be the case with the construction of the
project and the multipurpose project as a single
project; and
(C) be impaneled until such time as the
multipurpose dam facility under title III is rea-
sonably completed.
(3) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $2,000,000.
(d) COST SHARING RESPONSIBILITIES.—
(1) BUREAU
OF
RECLAMATION
LANDS
AND
WORK.—The United States shall receive credit as
part of the Federal cost of the project under this
section for the value for any lands provided and
works constructed by the Bureau of Reclamation
which are incorporated into the project as specified
in the feasibility report of the Chief of Engineers.
(2) DEPARTMENTS
OF
INTERIOR
AND
AGRI-
CULTURE
COOPERATION
AND
LANDS.—The Sec-
retary of the Interior and the Secretary of Agri-
culture shall cooperate with the Secretary of the
Army and transfer to the Secretary of the Army
such lands as the Secretary of the Army may re-
quest as necessary to carry out the project. Upon
completion of construction of any facility under this
title, all project lands, rights-of-way, water rights,
and facilities associated with the facility shall be
transferred to the State of California under the
Recreation and Public Purposes Act to be managed
consistent with the purposes of the project.
(3) JURISDICTION AFTER TRANSFER.—Facility
lands shall be subject to State law and jurisdiction
and shall be administered exclusively by the State of
California or its agents upon transfer of the project
to non-Federal entities.
(4) DEPARTMENT
OF
TRANSPORTATION
CO-
OPERATION AND STUDIES.—Subject to the contribu-
tion of the non-Federal interests pursuant to section
105 of the Water Resources Development Act of
1986, the Secretary of Transportation shall partici-
pate in, and provide appropriate Federal financial
assistance for, feasibility and environmental studies
by the State of California on alternative alignments
for the relocation of that portion of California Route
49 which will be affected by the project.
(e) MITIGATION MEASURES.—
(1) SOIL
CONSERVATION.—The dam facility
under this section shall be designed and operated,
consistent with the requirements of this Act, to min-
imize, to the greatest practicable extent, adverse ef-
fects of the project on soils and vegetation resulting
from inundation and release of flood waters as speci-
fied in the feasibility report of the Chief of Engi-
neers.
(2) FISH
AND
WILDLIFE
MITIGATION
MEAS-
URES.—The dam facility shall include such measures
to mitigate adverse effects of the facility on aquatic,
riparian, and upland habitat of fish and wildlife re-
sources as are specified in the feasibility report of
the Chief of Engineers. Such mitigation measures
shall be accomplished, to the extent practicable, on
lands in Federal ownership on the date of the enact-
ment of this Act.
(f) ADDITIONAL PROJECT AUTHORIZATIONS.—
(1) LEVEE IMPROVEMENTS.—The Secretary of
the Army may (A) construct, (B) credit against the
non-Federal share of the project under subsection
(a) the cost of, or (C) reimburse the non-Federal
sponsors for constructing, levee improvements speci-
fied in the draft supplemental information report re-
ferred to in subsection (a), including the insertion of
a slurry wall in the center of existing lower Amer-
ican River levees and stabilizing and raising portions
of approximately 12 miles of existing levees along
the East bank of the Sacramento River downstream
from the Natomas Cross Canal. Such construction
shall be carried out immediately and independent of
and concurrent with construction of facilities under
subsection (a). The Secretary shall construct an
emergency flood warning system for the American
River, California, including telemeter upstream flow
gauges, at a total estimated cost of $250,000.
(2) FLOOD
CONTROL
CAPACITY
AT
FOLSOM
RESERVOIR.—
(A) INTERIM FLOOD PROTECTION.—Upon
completion of the term of the operating agree-
ment for Folsom Dam and Reservoir between
the Secretary of the Interior and the Sac-
ramento Area Flood Control Agency, dated
March 22, 1995, and until the detention dam
authorized by this section is providing adequate
protection against a flood event of 150-year fre-
quency to residents of the American River
Floodplain, California, the Secretary of the In-
terior shall take such actions as may be nec-
essary to continue providing such area with a
100-year level of flood protection (as deter-
mined by the Federal Emergency Management
Agency) by such means as the Secretary of the
Interior determines appropriate.
(B) STANDARD.—In making a determina-
tion of appropriate interim flood protection
under this paragraph, the Secretary of the Inte-
rior shall not diminish the protection provided
by means of the operating criteria for Folsom
Dam and Reservoir specified in the March 22,
1995, agreement between the Secretary of the
Interior and the Sacramento Area Flood Con-
trol Agency unless such a reduction is made
possible by actions other than—
(i) those authorized by paragraph (1),
or
(ii) other flood control improvements
made by non-Federal interests at their own
expense.
(C) COST SHARING FOR INTERIM FLOOD
PROTECTION.—The United States shall bear 75
percent of the cost of the means determined to
provide interim flood protection under this
paragraph.
(D) MODIFICATION OF AGREEMENT.—The
Secretary of the Interior shall modify the allo-
cation of costs specified in the agreement re-
ferred to in subparagraph (A) so that the Unit-
ed States shall be responsible for providing re-
placement water and power to Central Valley
Project water and power contractors under the
agreement and shall pay 75 percent of the cost
of providing such replacement water and power.
The Sacramento Area Flood Control Agency
shall be responsible for paying the remaining 25
percent of such costs.
(3) RISK ASSESSMENT.—
(A) IN
GENERAL.—In consultation with
the Sacramento Area Flood Control Agency and
the California Department of Water Resources,
the Secretary of the Interior and the Secretary
of the Army shall complete, not later than 2
years after the date of the enactment of this
Act, a comprehensive risk assessment of Folsom
Dam and its ancillary facilities to evaluate their
performance when they are operated in conjunc-
tion with the facilities to be constructed under
this title, during periods of normal operation
and extreme loading, so as to determine the
risk that the dam may fail to perform the func-
tions for which it was intended.
(B) RESULTING ACTIONS.—Based on the
findings of the risk assessment, the Secretary of
the Interior shall take such actions as may be
necessary to ensure that Folsom Dam meets
minimum Federal dam safety standards. Any
actions taken beyond those necessary to meet
minimum Federal dam safety standards must
be authorized by law. Except as provided in
subparagraph (C), any costs associated with the
project which are ineligible for Federal cost-
sharing and which are necessary to ensure that
Folsom Dam meets minimum Federal dam
safety standards shall be Federal costs.
(C) COST SHARING.—The assessment shall
be subject to cost-sharing on a 75 percent Fed-
eral, 25 percent non-Federal basis.
(D) REPORT.—In consultation with the
Sacramento Area Flood Control Agency and the
California Department of Water Resources, the
Secretary of the Interior and the Secretary of
the Army shall prepare a joint report on the re-
sults of the assessment for the purpose of pro-
viding Federal and local authorities and the
Consulting Board established under subsection
(c) with recommendations on the steps needed
to ensure the safety of Folsom Dam and its an-
cillary facilities.
(E) FUNDING.—There is authorized to be
appropriated to the Secretary of the Interior for
the Federal share of the risk assessment of the
Folsom Dam facilities under this paragraph
$500,000 (1996 prices).
(4) ADDITIONAL ACTIONS TO EXTEND FLOOD
PROTECTION.—The Secretary of the Army shall take
such actions as may be necessary to ensure the fol-
lowing:
(A) Construction of the flood control
project for Magpie Creek, California, under sec-
tion 205 of the Flood Control Act of 1948 (33
U.S.C. 701s; 62 Stat. 1182).
(B) Entry into an agreement to provide
payment by the United States, or to credit
against the non-Federal share of the project au-
thorized by subsection (a), for elements of the
Sacramento Area Flood Control Agency’s North
Area Local Development project that are reim-
bursable under section 9159 of the Department
of Defense Appropriations Act, 1993 (106 Stat.
1944).
(C) Completion of feasibility studies to re-
duce the risk of flooding from the South Sac-
ramento Stream group, Sacramento, California.
(D) Construction of elements of the Sac-
ramento River bank protection project that will
contribute to the safety and integrity of levees
on the lower American River, California.
SEC. 202. NATOMAS LEVEE AND RELATED CONSTRUCTION.
(a) CONSTRUCTION.—The Secretary of the Army
shall construct each of the following features of the North
Area Local Project of the American River Watershed In-
vestigation as described in the draft supplemental infor-
mation report referred to in section 201(a), subject to en-
tering into appropriate local cost-sharing agreements with
the non-Federal sponsors of each of such features:
(1) Natomas Cross Canal and Pleasant Grove
Creek Canal.
(2) Sankey Road and Pleasant Grove Hydraulic
Mitigation.
(b) CREDIT FOR CERTAIN NON-FEDERAL WORK.—
The Secretary of the Army shall credit against the non-
Federal share of the cost of construction authorized by
subsection (a), or reimburse the non-Federal sponsors for,
the cost of any planning (including environmental compli-
ance), engineering, design, and construction performed by
or for the non-Federal sponsors with respect to any of the
facilities the construction of which is authorized under
subsection (a) if such cost is incurred before the Secretary
receives appropriations to initiate such construction and
is consistent with draft supplemental information report
referred to in section 201(a).
(c) FUNDING.—There is authorized to be appro-
priated for the planning, engineering, design, and con-
struction 
of 
the 
facilities 
under 
subsection 
(a),
$17,000,000 plus or minus such amounts, if any, as may
be justified by reason of ordinary fluctuations in construc-
tion costs as indicated by engineering cost indexes applica-
ble to the types of construction under subsection (a).
SEC. 203. CIRBY, LINDA, AND DRY CREEKS FLOOD CON-
TROL PROJECTS, CALIFORNIA.
The Secretary of the Army shall carry out a flood
control project to make improvements to the channels and
associated flood walls and levees on Cirby, Linda, and Dry
Creeks, Placer and Sacramento Counties, California, and
to construct bypass channels and bridges for such creeks,
at a total cost of $14,800,000, with an estimated Federal
cost of $11,100,000, and an estimated non-Federal cost
of $3,700,000.
TITLE III—AUBURN DAM WATER
CONSERVATION PROJECT
SEC. 301. AUBURN DAM WATER CONSERVATION PROJECT.
(a) AUTHORIZATION.—Notwithstanding any other
provision of law, the Secretary of the Army and the Sec-
retary of the Interior shall enter into agreements with the
State of California for the transfer, without compensation
to the United States (other than any non-Federal cost
sharing provided under title II), of all interest in and title
to lands, rights-of-way, water rights, and facilities con-
stituting and adjacent to the Auburn Dam portion of the
Auburn-Folsom South Unit, Central Valley Project, and
the project authorized by title II of this Act under author-
ity of the Recreation and Public Purposes Act. The trans-
fer under this subsection shall be made upon completion
of the dam facility under title II, but not later than 15
years after the date of the enactment of this Act. If no
agreement is reached by the end of such 15-year period
and the Governor of the State of California so requests,
the Secretary of the Interior shall make such transfer to
the State without restriction.
(b) COMPENSATION.—
(1) NATIONAL INTEREST.—Congress recognizes
the existence of substantial national interest in the
earliest feasible development of a multipurpose Au-
burn Dam to provide flood protection, conserve
water for local public entities within Sacramento, El
Dorado, Placer, Sutter, and San Joaquin Counties,
California, recreation at Folsom Reservoir and else-
where, and instream requirements for American
River flows and for other beneficial uses.
(2) ADDITIONAL TRANSFERS.—Any and all in-
terests in lands, easements, rights-of-way, and facili-
ties required for the multipurpose project under this
section by agencies and departments of the United
States, other than the Department of the Army,
shall be transferred in the manner provided in this
title.
(3) PURCHASE OF WATER.—The transfer agree-
ment under this section may also allow Federal
agencies to enter into agreements with State or non-
Federal entities for the purchase of water and hy-
droelectric energy available from the multipurpose
project under this section to meet Federal needs.
(4) LIMITATION ON RECOVERY OF FLOOD CON-
TROL CONSTRUCTION COSTS.—Federal contributions
provided for flood control facility construction under
this section shall not now, or at any time in the fu-
ture, be recoverable, and the agreements providing
for the transfer under subsection (a) shall provide
for the nonrecoverability of such Federal contribu-
tions.
(c) CONDITIONS FOR FUTURE EXPANSION.—Expan-
sion of facilities under this title is authorized to take place
at any time in the future, including during project design,
construction, or any time thereafter without further Fed-
eral authorization—
(1) if 1 or more non-Federal interests, includ-
ing local public bodies within Sacramento, El Do-
rado, Placer, Sutter, and San Joaquin Counties,
California, and the State of California, are prepared
to finance and develop the multipurpose features of
the Auburn Dam consistent with this Act; and
(2) if the State of California, in consultation
with the Secretary of the Army, the Sacramento
Area Flood Control Agency, and other local bodies
referred to in paragraph (1), certifies that such ex-
pansion will not materially impair or diminish the
level of flood protection designed to be provided by
the project authorized by title II.
The agreements providing for the transfer under sub-
section (a) shall also require the certification referred to
in subparagraph (2).
Æ