I
105TH CONGRESS
1ST SESSION
H. R. 1155
To exempt certain maintenance, repair, and improvement of flood control
facilities in California from the Endangered Species Act of 1973 during
the flood emergency period.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. FAZIO of California (for himself, Mr. DOOLEY of California, and Mr.
CONDIT) introduced the following bill; which was referred to the Commit-
tee on Resources
A BILL
To exempt certain maintenance, repair, and improvement
of flood control facilities in California from the Endan-
gered Species Act of 1973 during the flood emergency
period.
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 ‘‘California Floods
Emergency Repair Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There occurred a significant flood event in
California in December 1996 and January 1997.
(2) That event resulted in 9 deaths, displaced
100,000 Californians from their homes, and caused
an estimated $2,000,000,000 in damage to homes
and other property.
(3) That event also caused agricultural losses
exceeding $150,000,000, national forest losses ex-
ceeding $100,000,000, and extensive damage to Yo-
semite National Park.
(4) President Clinton declared a major disaster
for California and ordered Federal emergency assist-
ance to help meet the immediate needs of people and
communities hit hard by the ongoing severe storms,
flooding, and mudslides and landslides that began on
December 28, 1996, designating 44 California coun-
ties for such assistance.
SEC. 3. EXEMPTION OF CERTAIN CALIFORNIA FLOOD CON-
TROL FACILITY MAINTENANCE, REPAIR, AND
IMPROVEMENT FROM ENDANGERED SPECIES
ACT OF 1973.
(a) EXEMPTION.—The Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) shall not apply to—
(1) any maintenance or repair of a covered
flood control facility that—
(A) is necessary to correct a condition
that—
(i) threatens the integrity of the facil-
ity; and
(i) was caused by the significant flood
event that occurred in California in De-
cember 1996 and January 1997; and
(B) is carried out under authority provided
by a law listed in subsection (b);
(2) any improvement to a covered flood control
facility that—
(A) is necessary to correct an inadequacy
of the facility that was revealed by the signifi-
cant flood event that occurred in California in
December 1996 and January 1997; and
(B) is carried out under authority provided
by a law listed in subsection (b); or
(3) any maintenance, repair, or improvement of
a covered flood control facility that is determined, by
a comprehensive study of California flood control fa-
cilities conducted by the Corps of Engineers or any
other Federal agency, Federal task force, or joint
Federal-State task force empowered to conduct such
a comprehensive study, to be necessary to repair or
replace damaged facilities to substantially the same
condition that existed before December 28, 1996.
(b) AUTHORIZING LAWS.—The laws referred to in
subsection (a) (1)(B) and (2)(B) are the following:
(1) Section 5 of the Flood Control Act of Au-
gust 18, 1941 (55 Stat. 650; 33 U.S.C. 701n).
(2) The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(3) The Reclamation Safety of Dams Act of
1978 (43 U.S.C. 596 et seq.).
(4) The emergency watershed protection pro-
gram conducted under section 7 of the Flood Con-
trol Act of June 28, 1938 (52 Stat. 1225; 33 U.S.C.
701b–1) and sections 403 through 405 of the Act of
August 4, 1978 (92 Stat. 434; 16 U.S.C. 2203–
2205).
(c) COVERED
FLOOD
CONTROL
FACILITY
DE-
FINED.—In this section, the term ‘‘covered flood control
facility’’ means a flood control facility, including any weir,
channel, levee, or bypass, that serves a public purpose.
Æ