[House Report 110-631]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-631
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GOLETA WATER DISTRIBUTION SYSTEM CONVEYANCE ACT OF 2008
_______
May 13, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3323]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3323) to authorize the Secretary of the Interior to
convey a water distribution system to the Goleta Water
District, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Goleta Water Distribution System
Conveyance Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means Agreement No.
07-LC-20-9387 between the United States and the District,
entitled ``Agreement Between the United States and the Goleta
Water District to Transfer Title of the Federally Owned
Distribution System to the Goleta Water District''.
(2) District.--The term ``District'' means the Goleta Water
District, located in Santa Barbara County, California.
(3) Goleta water distribution system.--The term ``Goleta
Water Distribution System'' means the facilities constructed by
the United States to enable the District to convey water to its
water users, and associated lands, as described in Appendix A
of the Agreement.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. CONVEYANCE OF THE GOLETA WATER DISTRIBUTION SYSTEM.
The Secretary is authorized to convey to the District all right,
title, and interest of the United States in and to the Goleta Water
Distribution System of the Cachuma Project, California, subject to
valid existing rights and consistent with the terms and conditions set
forth in the Agreement.
SEC. 4. LIABILITY.
Effective upon the date of the conveyance authorized by section 3,
the United States shall not be held liable by any court for damages of
any kind arising out of any act, omission, or occurrence relating to
the lands, buildings, or facilities conveyed under this Act, except for
damages caused by acts of negligence committed by the United States or
by its employees or agents prior to the date of conveyance. Nothing in
this section increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code (popularly
known as the Federal Tort Claims Act).
SEC. 5. BENEFITS.
After conveyance of the Goleta Water Distribution System under this
Act--
(1) such distribution system shall not be considered to be a
part of a Federal reclamation project; and
(2) the District shall not be eligible to receive any
benefits with respect to any facility comprising the Goleta
Water Distribution System, except benefits that would be
available to a similarly situated entity with respect to
property that is not part of a Federal reclamation project.
SEC. 6. COMPLIANCE WITH OTHER LAWS.
(a) Compliance With Environmental and Historic Preservation Laws.--
Prior to any conveyance under this Act, the Secretary shall complete
all actions required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National Historic Preservation Act (16 U.S.C.
470 et seq.), and all other applicable laws.
(b) Compliance by the District.--Upon the conveyance of the Goleta
Water Distribution System under this Act, the District shall comply
with all applicable Federal, State, and local laws and regulations in
its operation of the facilities that are transferred.
(c) Applicable Authority.--All provisions of Federal reclamation law
(the Act of June 17, 1902 (43 U.S.C. 371 et seq.) and Acts supplemental
to and amendatory of that Act) shall continue to be applicable to
project water provided to the District.
SEC. 7. REPORT.
If, 12 months after the date of the enactment of this Act, the
Secretary has not completed the conveyance required under section 3,
the Secretary shall complete a report that states the reason the
conveyance has not been completed and the date by which the conveyance
shall be completed. The Secretary shall submit a report required under
this section to Congress not later than 14 months after the date of the
enactment of this Act.
PURPOSE OF THE BILL
H.R. 3323 would authorize the Secretary of the Interior to
convey to the Goleta Water District, Santa Barbara County,
California, all rights, title and interest in held by the
United States to the Goleta Water Distribution System of the
Cachuma Project.
BACKGROUND AND NEED FOR LEGISLATION
The Goleta Water District (GWD) was formed in 1944 to serve
the water needs of communities within the Goleta Valley. The
GWD encompasses 32,000 acres of land and provides water to
80,000 customers for municipal, industrial, and agricultural
uses. The GWD receives approximately 9,322 acre feet/year from
the U.S. Bureau of Reclamation's (USBR) Cachuma Project,
representing 80% of the GWD's water source.
The Cachuma project, authorized in 1948 and completed in
1956, stores floodwaters of the Santa Ynez River at Bradbury
Dam. Water is then diverted from the reservoir through the
Tecolote Tunnel, and eventually through the South Coast
Conduit. Several lateral distribution systems, including the
Goleta Water Distribution System (GWDS), then deliver water to
Goleta, Montecito, Summerland, and Carpinteria Water Districts,
and to municipal users in the city of Santa Barbara. The GWDS
delivers water specifically to the GWD, and includes all
facilities proposed for conveyance.
The original 1948 authorization of the Cachuma Project
included a separate contract for repayment between the USBR and
the GWD solely for the GWDS. In 2002, GWD satisfied its
repayment obligation to the United States. In August 2004, the
GWD initiated title transfer discussions with the USBR, and has
since fulfilled all requirements of the title transfer process,
including holding public meetings and completing an
Environmental Assessment, which resulted in a finding of no
significant impact. The GWDS consists of 59 miles of pipeline
and laterals, end drains, pressure relief valves, air and
vacuum valves, pressure regulators, division gates, line
valves, fire hydrants, and the San Antonio Booster Pump Station
and the Glen Annie Pump Station. Under this legislation only
the facilities of the GWDS will be transferred, not the lands
on which they are located nor any other part of the larger
Cachuma Project. The only remaining step to complete the
process is an act of Congress enabling the Secretary to
transfer the title.
The GWD has operated and maintained the GWDS since 1956.
However, since the USBR owns the GWDS, when a modification is
required, the GWD must go through a lengthy and expensive
federal review process. To avoid all the cost, time and
paperwork associated, the GWD has also paid claims on damages
without requesting aid from the USBR, even though the USBR was
technically liable as owners of the system. The GWD believes
title transfer will significantly simplify administrative
requirements and allow it to operate the GWDS more efficiently.
COMMITTEE ACTION
H.R. 3323 was introduced on August 2, 2007, by Rep. Lois
Capps (D-CA). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water and Power. On October 24, 2007, the Subcommittee on Water
and Power held a hearing on the bill.
On April 23, 2008, the Subcommittee on Water and Power met
to mark up the bill. Subcommittee Ranking Republican Member
Cathy McMorris Rodgers (R-WA) offered an amendment to require
that if the title transfer authorized by this bill is not
completed by 12 months after of enactment of this Act, the
Secretary must submit a report to Congress within 60 days
explaining why and giving a date by which the title transfer
will be completed. The amendment was adopted by unanimous
consent. The bill, as amended, was then forwarded to the Full
Committee by unanimous consent.
On April 30, 2008, the Full Natural Resources Committee met
to consider the bill. The bill as amended by the Water and
Power Subcommittee was ordered favorably reported to the House
of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the legislation may be cited as the
``Goleta Water Distribution System Conveyance Act of 2008.''
Section 2. Definitions
Section 2 provides definitions for all terms used in the
bill.
Section 3. Conveyance of the Goleta Water Distribution System
Section 3 provides clear authority to the Secretary of the
Interior to convey to the Goleta Water District all right,
title, and interest of the United States in and to the Goleta
Water Distribution System of the Cachuma Project, California.
Section 4. Liability
Section 4 states that once conveyance is complete, the
United States shall not be held liable by any court for damages
of any kind other than damages caused by the United States (its
employees or agents) prior to the date of conveyance.
Section 5. Benefits
Section 5 provides that after the date of conveyance, the
Goleta Water Distribution System shall not be considered part
of the federal Cachuma Project, and the Goleta Water District
shall not be eligible to receive any benefits regarding any
facility comprising the Goleta Water Distribution System, with
an exception for benefits that would be available to a
similarly situated entity involving property that is not part
of such a project.
Section 6. Compliance with other laws
Section 6 requires that the Secretary of the Interior prior
to conveyance must complete any actions required under the
National Environmental Policy Act, the Endangered Species Act,
the National Historic Preservation Act, and all other
applicable laws. This section also maintains that upon
conveyance, the Goleta Water District shall comply with all
applicable federal, state and local laws and regulations in the
operation of the Goleta Water Distribution System, and that all
provisions of federal reclamation law and Acts supplemental to
and amendatory of reclamation law shall continue to be
applicable.
Section 7. Report
Section 7 requires that if the Secretary of the Interior
has not completed conveyance by 12 months after the date of
enactment of this Act, the Secretary of the Interior must
provide a report to Congress within 60 days explaining why
conveyance is not completed, and providing a date by which
conveyance will be completed.
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 Natural 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. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to convey to the Goleta Water District, Santa Barbara
County, California, all rights, title and interest in held by
the United States to the Goleta Water Distribution System of
the Cachuma Project.
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. 3323--Goleta Water Distribution System Conveyance Act of 2007
H.R. 3323 would authorize the Secretary of the Interior to
convey to the Goleta Water District of Santa Barbara County,
California, a water distribution system. CBO estimates that
implementing H.R. 3323 would have no significant effect on the
federal budget. All administrative costs of the conveyance
would be paid by the district. Additionally, the district has
repaid its obligation to the federal government for building
the water distribution system, so the government does not
currently collect any receipts from the project. Enacting H.R.
3323 would not affect direct spending or revenues.
H.R. 3323 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 CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3323 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.