To designate as Clair Engle Lake the reservoir created by the Trinity Dam, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the reservoir Clair Engle created by the Trinity Dam, Central Valley project, California, shall Lake, Calif. hereafter be known as Clair Engle Lake as an appropriate tribute to Designation. the outstanding leadership and great service which the late Clair Engle performed on behalf of the development of our natural resources in the State of California and the Nation, and especially his enlightened vision for the necessity to conserve and put to the best possible beneficial use the water and power resources of this Nation, and any law, regulation, document, or record of the United States in which such reservoir is designated or referred to shall hereafter be held to refer to such reservoir by the name of Clair Engle Lake. Approved October 13, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 1884 accompanying H. R. 12471 (Comm. on Interior & SENATE REPORT No. 1528 (Comm. on Interior & Insular Affairs). Sept. 8: Considered and passed Senate. Oct. 2: Considered and passed House in lieu of H. R. 12471. 89th Congress, S. 1000 An Act 79 STAT. 172. To amend the Act of July 29, 1954, as amended, to permit transfer of title to movable property to agencies which assume operation and maintenance responsibility for project works serving municipal and industrial functions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Irrigation works. Act of July 29, 1954 (68 Stat. 580), as amended by the Act of August Movable property 2, 1956 (70 Stat. 940), is further amended to read as follows: "SEC. 1. That whenever an irrigation district, municipality, or water users' organization assumes operation and maintenance of works constructed to furnish or distribute a water supply pursuant to a contract entered into with the United States in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) (43 U.S.C. 371 et seq.), the Secretary of the Interior may transfer to said district, municipality, or organization title to movable property which has been purchased with funds advanced by the district, municipality, or organization or which, in the case of property purchased with appropriated funds, is necessary to the operation and maintenance of such works and the value of which is to be repaid under a contract with the district, municipality, or organization. In order to encourage the assumption by irrigation districts, municipalities, and water users' organizations of the operation and maintenance of works constructed to furnish or distribute a water supply, the Secretary is authorized to use appropriated funds available for the project involved to acquire movable property for transfer under the terms and conditions hereinbefore provided, at the time operation and maintenance is assumed." SEC. 2. Whenever a municipal corporation or other organization to which water for municipal, domestic, or industrial use is furnished or distributed under a contract entered into with the United States pursuant to the Federal reclamation laws so requests, the Secretary of the Interior is authorized to transfer to it or its nominee the care, operation, and maintenance of the works by which such water supply is made available or such part of those works as, in his judgment, is appropriate in the circumstances, subject to such terms and conditions as he may prescribe. Approved June 24, 1965. title. LEGISLATIVE HISTORY: HOUSE REPORT No. 435 (Comm. on Interior & Insular Affairs). . 29: Considered and passed Senate. 9 7: Considered and passed House, amended. 89th Congress, H. R. 485 An Act To authorize the Secretary of the Interior to construct, operate, and maintain the Auburn-Folsom South unit, American River division, Central Valley project, California, under Federal reclamation laws. Construction. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the prin- Auburn-Folsom cipal purpose of increasing the supply of water available for irriga- South unit, tion and other beneficial uses in the Central Valley of California, the Central Valley Secretary of the Interior (hereinafter referred to as the "Secretary"), project, Calif. acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary 43 USC 371 note. thereto), is authorized to construct, operate, and maintain, as an addition to, and an integral part of, the Central Valley project, California, the Auburn-Folsom South unit, American River division. The principal works of the unit shall consist of (1) the Auburn Dam and Reservoir with maximum water surface elevation of one thousand one hundred and forty feet above mean sea level, and capacity of approximately two and one-half million acre-feet; (2) a hydroelectric powerplant at Auburn Dam with initial installed capacity of approximately two hundred and forty thou sand kilowatts and necessary electric transmission system for 79 STAT. 615. interconnection with the Central Valley project power system: 79 STAT. 616. Provided, That provision may be made for the ultimate development of the hydroelectric capacity (now estimated at approximately four hundred thousand kilowatts) and such installation may be made when duly authorized by an Act of Congress: Provided further, That no facilities, except those required for interconnecting the Auburn powerplant and the Folsom switchyard and those interconnecting the Folsom switchyard and the Elverta substation, shall be constructed for electric transmission or distribution service which the Secretary determines, on the basis of a firm offer of a fifty-year contract from a local public or private agency, can be obtained at less cost to the Federal Government than by construction and operation of Government facilities; (3) the Sugar Pine Dam and Reservoir; (4) the County Line Dam and Reservoir; (5) necessary diversion works, conduits, and other appurtenant works for the delivery of water supplies to projects on the Forest Hill Divide in Placer County and in the Folsom-Malby area in Sacramento and El Dorado Counties; (6) the Folsom South canal and such related structures, including pumping plants, regulating reservoirs, floodways, channels, levees, and other appurtenant works for the delivery of water as the Secretary determines will best serve the needs of Sacramento and San Joaquin Counties: Provided, That the Secretary is authorized to include in such canal and related operating structures such additional works or capacity as he deems necessary and economically justified to provide for the future construction of the East Side division of the Central Valley project, and the incremental costs of providing additional works or capacity in the Folsom South canal to serve the East Side division of the Central Valley project shall be assigned to deferred use for repayment from Central Valley project revenues. In the event that the East Side division is authorized, such costs shall be deemed a part of the cost of that division and shall be reallocated as the Secretary deems right and proper. Project coordination. Flood control. Outdoor recreation and fish and wildlife facilities. 79 STAT. 616. 79 STAT. 617. Nonreimbursable oosts. Non-Federal share of costs. SEC. 2. Subject to the provisions of this Act, the operation of the Auburn-Folsom South unit, American River division, shall be integrated and coordinated, from both a financial and an operational standpoint, with the operation of other features of the Central Valley project, as presently authorized and as may in the future be authorized by Act of Congress, in such manner as will effectuate the fullest, most beneficial, and most economic utilization of the water resources hereby made available. Auburn and County Line Dams shall be operated for flood control in accordance with criteria established by the Secretary of the Army as provided for in section 7 of the Flood Control Act of 1944 (58 Stat. 887; 33 U.S.C. 709). SEC. 3. (a) Subject to the provisions of subsections (b), (c), (d), and (e) of this section, the Secretary is authorized in connection with the Auburn-Folsom South unit (i) to construct, operate, and maintain or provide for the construction, operation, and maintenance of public outdoor recreation and fish and wildlife enhancement facilities, (ii) to acquire or otherwise to include within the unit area such adjacent lands or interests in land as are necessary for present or future public recreation or fish and wildlife use, (iii) to allocate water and reservoir capacity to recreation and fish and wildlife enhancement, and (iv) to provide for the public use and enjoyment of unit lands, facilities, and water areas in a manner coordinated with other unit purposes. The Secretary is further authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, and replacement of unit facilities, and to transfer unit lands or facilities to Federal agencies or State or local public bodies by lease or exchange, upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes. (b) Costs of recreation facilities at Sugar Pine Reservoir shall be nonreimbursable, and the provisions of subsections (c), (d), and (e) of this section shall not be applicable to such facilities. (c) (1) If, before commencement of construction of the unit. nonFederal public bodies agree to administer unit land and water areas for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the unit approved by the Secretary and to bear not less than one-half the separable costs of the unit allocated to either or both of said purposes, as the case may be, and all the costs of operation, maintenance, and replacement incurred in connection therewith, the remainder of the separable capital costs so allocated shall be nonreimbursable. (2) In the absence of such a preconstruction agreement recreation and fish and wildlife enhancement facilities (other than minimum facilities for the public health and safety at reservoir access points) shall not be provided, and the allocation of unit costs shall reflect only the number of visitor days and the value per visitor day estimated to result from such diminished recreation development without reference to lands which may be provided pursuant to subsection (e) of this section. (d) The non-Federal share of the separable capital costs of the unit allocated to recreation and fish and wildlife enhancement shall be borne by non-Federal interests, under either or both of the following methods as may be determined appropriate by the Secretary: (i) payment, or provision of lands, interests therein, or facilities for the unit; or (ii) repayment, with interest, within fifty years of first use of unit recrea tion or fish and wildlife enchancement facilities: Provided, That the source of repayment may be limited to entrance and user fees or charges ollected at the unit by non-Federal interests if the fee schedule and le portion of fees dedicated to repayment are established on a basis lculated to achieve repayment as aforesaid and are made subject to view and renegotiation at intervals of not more than five years. (e) Notwithstanding the absence of preconstruction agreements as Acquisition of ecified in subsection (c) of this section lands may be acquired in con- land. ection with construction of the unit to preserve its recreation poten al, its fish and wildlife enhancement potential, or both. (1) If non-Federal public bodies agree within ten years after initial ansfer custody of the lands to another Federal agency for use for 79 STAT. 617. (g) Costs of means and measures to prevent loss of and damage to sh and wildlife shall be treated as unit costs and allocated among all nit purposes. (h) As used in this Act, the term "nonreimbursable" shall not be onstrued to prohibit the imposition of entrance, admission, and other creation user fees or charges. SEC. 4. In locating and designing the works and facilities authorized Local interests. or construction by this Act, and in acquiring or withdrawing any ands as authorized by this Act, the Secretary shall give due conderation to the reports upon the California water plan prepared by he State of California, and shall consult the local interests who may e affected by the construction and operation of said works and acilities or by the acquisition or withdrawal of lands, through public earings or in such manner as in his discretion may be found best uited to a maximum expression of the views of such local interests. SEC. 5. Nothing contained in this Act shall be construed by impli- Allocation of ation or otherwise as an allocation of water, and in the studies for the water, limitation. urposes of developing plans for disposal of water as herein authorized he Secretary shall make recommendations for the use of water in ccord with State water laws, including but not limited to such laws iving priority to the counties and areas of origin for present and uture needs. |