[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2443
To authorize the Secretary of the Interior to transfer title of the
Orland Project located in Glenn, Tehama, and Colusa counties in the
State of California to a local public agency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 12, 2021
Mr. Garamendi (for himself and Mr. LaMalfa) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to transfer title of the
Orland Project located in Glenn, Tehama, and Colusa counties in the
State of California to a local public agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orland Project Transfer Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Authorized in 1907, the Orland Project is one of the
smallest projects ever undertaken by the Bureau of Reclamation.
(2) The East Park Reservoir located in Colusa County,
California, has a storage capacity of 50,900 acre-feet of water
and the Stony Gorge Reservoir located in Glenn County,
California, has a storage capacity of 50,380 acre-feet of
water.
(3) The Orland Project irrigates approximately 1 percent
(approximately 21,000 acres) of the Sacramento Valley's total
irrigable soil with a portion of the total stream runoff of
approximately 410,000 acre-feet of water each year.
(4) Incorporated in 1907 and based in the City of Orland,
California, the Orland Unit Water Users' Association has been
responsible for the care, operation, and maintenance of the
Orland Project since 1954, under a contract with the Bureau of
Reclamation.
(5) The Orland Unit Water Users' Association's financial
obligation for the construction of the Orland Project was fully
repaid to the Federal Government on March 31, 1989.
(6) To receive title to the Orland Project, the Orland Unit
Water Users' Association is planning to reincorporate as a
local public agency under the laws of the State of California,
such as a water district, irrigation district, or joint powers
agency.
(7) The transfer of title to other Federal projects and
facilities owned and administered by the Bureau of Reclamation
to local public agencies has been authorized and directed by
Federal statute, including--
(A) in March 2019, the Contra Costa Canal Unit of
the Central Valley Project in the State of California
to the Contra Costa Water District under section 8302
of the John D. Dingell, Jr. Conservation, Management,
and Recreation Act (Public Law 116-9);
(B) in December 2000, the Foresthill Divide Subunit
of the Auburn-Folsom South Unit of the Central Valley
Project to the Foresthill Public Utility District under
title V of Public Law 106-566 (Sugar Pine Dam and
Reservoir Conveyance Act of 2000).
(C) in October 2000, the Sly Park Unit of the
Central Valley Project to the El Dorado Irrigation
District under section 212 of the Energy and Water
Development Appropriations Act, 2001 (enacted by
reference in section 1(a)(2) of Public Law 106-377; 114
Stat. 1441B-13); and
(8) All dams and reservoirs to which title is held by non-
Federal agencies in the State of California must meet safety
regulations promulgated by the Department of Water Resources'
Division of Safety of Dams under the California Water Code.
(9) The Bureau of Reclamation will only use available funds
to satisfy Federal dam safety standards and regulations.
SEC. 3. TRANSFER OF TITLE.
(a) In General.--The Secretary shall transfer all right, title, and
interest of the United States in and to the Orland Project located in
Glenn, Tehama, and Colusa counties in California, to a qualifying
entity, as follows:
(1) For facilities and structures of the Orland Project
other than the Stony Gorge Dam, not later than 1 year after the
qualifying entity submits an application to the California
Department of Water Resources' Division of Safety of Dams for a
``Certificate of Approval'' under the California Water Code
(Division 3, Sections 6000 through 6612) pertaining to the
respective facility or structure of the Orland Project.
(2) For the Stony Gorge Dam, not later than 1 year after
the Federal safety of dams repayment obligation for the dam is
extinguished or repaid and the qualifying entity submits an
application to the California Department of Water Resources'
Division of Safety of Dams for a ``Certificate of Approval''
under the California Water Code (Division 3, Sections 6000
through 6612) for such dam.
(3) For the irrigation distribution system of the Orland
Project, including approximately 17 miles of canals and 139
miles of laterals, not later than 1 year after the qualifying
entity requests transfer of the system, in writing, to the
Commissioner of Reclamation.
(4) For the office building, maintenance yard, and
appurtenant land used by the qualifying entity in operating and
maintaining the Orland Project, not later than 1 year after the
qualifying entity requests transfer of the aforementioned, in
writing, to the Commissioner of Reclamation.
(b) Water Rights.--Each transfer under subsection (a) shall include
all water rights for storage and diversion held by the United States
related to the operation of the transferred portion of the Orland
Project.
(c) Consultation With State and Qualifying Entity.--Before each
transfer under paragraphs (1) and (2) of subsection (a), the Secretary
shall consult with the State of California's Department of Water
Resources' Division of Safety of Dams and the qualifying entity to
identify any dam safety issues requiring remediation.
(d) Administrative Costs.--Administrative costs of each transfer
under subsection (a) shall be paid in equal shares by the Secretary and
the qualifying entity receiving title.
SEC. 4. LIABILITY AND REQUIREMENTS.
(a) Liability.--The liability of the United States for the property
transferred under section 3 before and after the transfer shall be
governed by section 8005 of Public Law 116-9 (43 U.S.C. 2905).
(b) Federal Law.--Each transfer under section 3 shall be in
accordance with all Federal environmental laws as specified under
section 8007 of Public Law 116-9 (43 U.S.C. 2907) and any applicable
laws of the State of California.
SEC. 5. MAP.
(a) Corrections.--The Secretary may make clerical and typographical
corrections to the map entitled the ``Orland Project Facilities'' and
dated November 2, 2020. Such corrections shall have the same force and
effect as if the revised map were included as part of this Act.
(b) Public Availability.--Not later than 30 days after the date of
the enactment of this Act, the map entitled the ``Orland Project
Facilities'' and dated November 2, 2020, and, not later than 30 days
after a revised map is in effect, any subsequent revised map, shall be
publicly available on the website of the Bureau of Reclamation.
SEC. 6. LIMITATIONS ON FUTURE BENEFITS.
After each transfer under section 3, the transferred portion shall
not be considered a Federal reclamation project. The qualifying entity
to which the Orland Project is transferred under section 3 shall be
subject to the limitations regarding future benefits under paragraphs
(2) and (3) of section 8006 of Public Law 116-9 (43 U.S.C. 2906).
SEC. 7. USE OF PROCEEDS FROM SALE OF PROJECT WATER.
Notwithstanding the provisions of the Act of February 25, 1920 (43
U.S.C. 521) or any other provision of Reclamation Law addressing the
disbursement or crediting of money, the Secretary shall review,
consider, and, if deemed appropriate by the Secretary, approve the
transfer, allocation, or reallocation of water made available from the
Stony Gorge Dam and Reservoir of the Orland Project where the transfer,
allocation, or reallocation is facilitated by the actions or non-
actions of a qualifying entity with a contractual or other entitlement
to water involving the Bureau of Reclamation, upon such conditions of
delivery, use, and payment as the Secretary and the qualifying entity
may deem proper; Provided, that all proceeds and moneys derived from
any such transfer shall be promptly remitted to the qualifying entity
to pay the costs of safety improvements needed to--
(1) help ensure that the East Park, Stony Gorge, Rainbow
Diversion, and Northside Diversion Dams and their appurtenant
structures of the Orland Project satisfy dam safety standards--
(A) under the Federal Guidelines for Dam Safety
issued by the Federal Emergency Management Agency or
the Interagency Committee on Dam Safety; and
(B) required by the State of California under the
California Water Code (Division 3, sections 6000
through 6612);
(2) address any additional public safety concerns
identified by the qualifying entity, including any such
concerns posed by uncovered irrigation canals of the Orland
Project in the City of Orland, California; and
(3) repay, in whole or in part, the Federal safety of dams
obligation by the qualifying entity to the Bureau of
Reclamation pursuant to the Reclamation Safety of Dams Act of
November 2, 1978 (43 U.S.C. 506, et seq.).
SEC. 8. AMENDMENTS TO EXISTING CONTRACTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall modify any existing water service or other contract
between the Federal Government and the qualifying entity to the extent
necessary to comply with this Act.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) Federal reclamation project.--The term ``Federal
reclamation project'' has the meaning given such term under
section 8002(7) of Public Law 116-9 (43 U.S.C. 2902(7)).
(2) Orland project.--The term ``Orland Project'' means the
East Park and Stony Gorge dams, two diversion dams,
approximately 17 miles of canals and 139 miles of laterals as
generally depicted on the map entitled the ``Orland Project
Facilities'' and dated November 2, 2020, and includes all
interests in land, rights-of-way, easements, water rights, and
appurtenant structures associated with the Orland Project in
existence on the date of the enactment of this Act, including
the irrigation distribution system of the Orland Project, and
the office building, maintenance yard, and appurtenant land
used by the qualifying entity in operating and maintaining the
Orland Project.
(3) Qualifying entity.--The term ``qualifying entity'' has
the meaning given such term in section 8002(5) of Public Law
116-9 (43 U.S.C. 2902(5)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
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