[House Report 109-430]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-430
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AMERICAN RIVER PUMP STATION PROJECT TRANSFER ACT OF 2005
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April 25, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4204]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4204) to direct the Secretary of the Interior to transfer
ownership of the American River Pump Station Project, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 4204 is to direct the Secretary of the
Interior to transfer ownership of the American River Pump
Station Project, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
To utilize its water right from the American River, the
Placer County Water Agency constructed a permanent pump station
on the river during the 1960s. At the same time, Congress
debated and eventually authorized construction of the Auburn
Dam near the pump station. The multi-purpose dam was envisioned
to provide flood control, hydroelectric power, and irrigation
water and would have been located northeast of Sacramento.
During initial construction on the dam, a land purchase
contract [#14-06-859-308] was signed between the Bureau of
Reclamation and the Agency. The contract transferred the
Agency's land and pumping plant to the United States to
facilitate construction of the dam. In return, Reclamation
agreed to provide the Agency a temporary water supply until the
dam was completed. Once completed, the dam would provide water
via gravity-fed diversions.
Construction on Auburn Dam was halted 30 years ago and has
not resumed. With the federal government's failure to complete
the dam, coupled with the removal of the original, locally-
owned pump station, the Agency is unable to meet its water
needs and does not have long-term water-use certainty. Since
1990, Reclamation has installed seasonal pumps to help the
Agency meet its growing water demand during the dry summer
months. Due to the location of the installation, the pumps have
to be removed before each winter to prevent damage from high
winter water flows. The pumps are re-installed each spring, but
they do not fully meet the Agency's water supply requirements,
are not reliable, and are expensive to re-install. For this
reason, on September 11, 2003, Reclamation and the Agency
entered into a new contract [#02-LC-20-7790] that requires
Reclamation to construct a new permanent pump station for the
Agency.
The new contract requires Reclamation to construct the
American River Pump Station Project, consisting of a diversion/
intake structure, a pump station, and associated facilities
including pipelines, access roads, power lines, and safety
features in the American River Canyon. The purpose of the
Project is to allow the Agency to have year-round access to
divert up to 35,500 acre-feet (an acre-foot equals
approximately 326,000 gallons) annually of its water
entitlement on the American River. Most of the Project costs
would be paid by Reclamation, with some additional financing
paid by the Agency and the State of California. The contract
also stipulates that the Project would be transferred from the
federal government to the Agency after completion; however,
Congressional authorization would be needed for the transfer.
This legislation authorizes the transfer after the Project and
all necessary environmental analyses are completed.
COMMITTEE ACTION
H.R. 4204 was introduced on November 2, 2005, by
Congressman John Doolittle (R-CA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Water and Power. On February 8, 2006, the
Subcommittee held a hearing on the bill. On March 29, 2006, the
Full Resources Committee met to consider the bill. The
Subcommittee on Water and Power was discharged from further
consideration of the bill by unanimous consent. The bill was
then ordered favorably reported to the House of Representatives
by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section cites the short title of this bill as the
``American River Pump Station Project Transfer Act of 2005.''
Section 2. Authority to transfer
This section directs the Secretary of the Interior to
transfer ownership of the American River Pump Station Project
in Auburn, California, to the Placer County Water Agency in
accordance with the terms of Contract No. 02-LC-20-7790 between
the United States and the Placer County Water Agency.
Section 3. Federal costs nonreimbursable
This section clarifies that all federal costs associated
with the American River Pump Station Project are
nonreimbursable.
Section 4. Grant of real property interest
This section authorizes the Secretary of the Interior to
grant title to the Placer County Water Agency to meet the
contractual obligations of Land Purchase Contract No. 14-06-
859-308.
Section 5. Compliance with environmental laws
This section states that the Secretary of the Interior
shall comply with all applicable requirements under the
National Environmental Policy Act (NEPA), the Endangered
Species Act (ESA), and any other laws applicable to the land
and facilities. It also states that nothing in this Act
modifies or alters any obligations under NEPA or ESA.
Section 6. Release from liability
This section releases the United States from liability from
damages arising out of any act, omission, or occurrence
relating to the land and facilities once the title is
transferred.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4204--American River Pump Station Project Transfer Act of 2005
H.R. 4204 would direct the Secretary of the Interior to
convey certain lands and a water pumping facility that is under
construction on the American River to the Placer County Water
Agency in California. Based on information from the Bureau of
Reclamation, CBO estimates that enacting H.R. 4204 would have
no significant impact on the federal budget.
The bureau is constructing a water pumping station to
replace the station that it acquired and dismantled in the
early 1970s to build the planned Auburn Dam. To date, however,
the Auburn Dam has not been built and there are no current
plans to build it. The bureau estimates that construction of
the water pumping facility will be completed in fiscal year
2008. Under this bill, once the pumping station is constructed,
the Secretary would convey it and some adjacent lands and
facilities to the Placer County Water Agency. The bureau
installs a temporary water pump each spring so that the agency
can access its water rights. The pump must be removed every
fall due to high flood waters during the winter months. The
bureau spends between $220,000 to $450,000 annually to operate
and maintain this temporary pumping station. CBO estimates that
the federal government could save those operation and
maintenance costs once the new station is finished.
H.R. 4204 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The facilities and land conveyance authorized by this bill
would be accepted voluntarily by the Placer County Water
Agency. Thus, any costs they might incur to comply with the
conditions of conveyance would be incurred voluntarily.
The CBO staff contact for this estimate is Julie Middleton.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.