[Congressional Record Volume 145, Number 151 (Monday, November 1, 1999)]
[House]
[Pages H11159-H11160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CLEAR CREEK DISTRIBUTION SYSTEM CONVEYANCE ACT

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 862) to authorize the Secretary of the Interior to implement 
the provisions of the Agreement conveying title to a Distribution 
System from the United States to the Clear Creek Community Services 
District, as amended.
  The Clerk read as follows:

                                H.R. 862

       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 ``Clear Creek Distribution 
     System Conveyance Act''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) District.--The term ``District'' means the Clear Creek 
     Community Services District, a California community services 
     district located in Shasta County, California.
       (3) Agreement.--The term ``Agreement'' means Agreement No. 
     8-07-20-L6975 entitled ``Agreement Between the United States 
     and the Clear Creek Community Services District to Transfer 
     Title to the Clear Creek Distribution System to the Clear 
     Creek Community Services District''.
       (4) Distribution system.--The term ``Distribution System'' 
     means all the right, title, and interest in and to the Clear 
     Creek distribution system as defined in the Agreement.

     SEC. 3. CONVEYANCE OF DISTRIBUTION SYSTEM.

       In consideration of the District accepting the obligations 
     of the Federal Government for the Distribution System, the 
     Secretary shall convey the Distribution System to the 
     District pursuant to the terms and conditions set forth in 
     the Agreement.

     SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

       Nothing in this Act shall be construed to authorize the 
     District to construct any new facilities or to expand or 
     otherwise change the use or operation of the Distribution 
     System from its authorized purposes based upon historic and 
     current use and operation. Effective upon transfer, if the 
     District proposes to alter the use or operation of the 
     Distribution System, then the District shall comply with all 
     applicable laws and regulations governing such changes at 
     that time.

     SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

       Conveyance of the Distribution System under this Act--
       (1) shall not affect any of the provisions of the 
     District's existing water service contract with the United 
     States (contract number 14-06-200-489-IR3), as it may be 
     amended or supplemented; and
       (2) shall not deprive the District of any existing 
     contractual or statutory entitlement to subsequent interim 
     renewals of such contract or to renewal by entering into a 
     long-term water service contract.

     SEC. 6. LIABILITY.

       Effective on the date of conveyance of the Distribution 
     System under this Act, the United States shall not be liable 
     under any law for damages of any kind arising out of any act, 
     omission, or occurrence based on its prior ownership or 
     operation of the conveyed property.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Doolittle) and the gentleman from Guam (Mr. Underwood) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Doolittle).
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the subject of Bureau of Reclamation facility transfers 
has been of particular interest to the Congress, local irrigation 
districts, and the administration in recent years. Facility transfers 
represented an effort to shrink the Federal government and shift the 
responsibilities for ownership into the hands of those who can more 
efficiently operate and maintain them.
  Much of the momentum for these transfers comes from local irrigation 
districts that are seeking title to these projects. The Federal 
government holds title to more than 600 Bureau of Reclamation water 
projects throughout the West. A growing number of these projects are 
now paid out and operated and maintained by local irrigation districts. 
The districts seek to have the facilities transferred to them, since 
many of the districts now have the expertise needed to manage the 
systems and can do so more efficiently than the Federal government.
  H.R. 862 transfers title of the Clear Creek distribution system in 
California to the Clear Creek Services District without affecting the 
underlying water services contract, and it relieves the Federal 
government of all liability for its role in owning and constructing the 
water distribution system.
  This transfer should be supported for two reasons. In the case of the 
Clear Creek distribution system, the government will reduce its risk of 
future liabilities associated with the project due to faulty project 
design. The district has indicated that it is prepared to accept 
responsibility for the system.
  Second, the district believes that it has the expertise and financial 
capability to manage this project more efficiently than the Federal 
government.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. UNDERWOOD asked and was given permission to revise and extend 
his remarks.)
  Mr. UNDERWOOD. Mr. Speaker, this legislation directs the transfer of 
the Bureau of Reclamation water distribution system to the Clear Creek 
Community Services District in California. The transfer will be carried 
out pursuant to a cooperative agreement that has already been 
negotiated.
  The Bureau of Reclamation has worked closely with local interests on 
this transfer proposal, and it is my understanding that the manager's 
amendment is acceptable to the administration. This legislation is 
noncontroversial. Mr. Speaker, I urge support of the legislation of the 
gentleman from California (Mr. Herger), H.R. 862.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.

[[Page H11160]]

  Mr. DOOLITTLE. Mr. Speaker, I yield 6 minutes to my friend and 
colleague, the gentleman from California (Mr. Herger), in whose 
district this project is located .
  Mr. HERGER. Mr. Speaker, I would like to thank the gentleman from 
California (Chairman Doolittle) and the members and staff of the 
Subcommittee on Water and Power of the Committee on Resources for their 
hard work on this important piece of legislation.
  I would also like to command and thank the Clear Creek Community 
Services District for their perseverance, cooperation, and patience in 
working with the Bureau of Reclamation and the subcommittee.
  H.R. 862, the Clear Creek Distribution System Conveyance Act is a 
modest and noncontroversial measure that authorizes the Secretary of 
the Interior to convey title to the Clear Creek distribution system out 
of the hands of the United States and into the hands of the Clear Creek 
Community Service District.
  The Clear Creek Community Services District is a local agency that 
provides water services for domestic and agricultural use to a large 
area of western Shasta County in the Northern California district I 
represent.
  Clear Creek entered into a contractual relationship with the United 
States in 1963 for construction of the distribution system, as well as 
a long-term water services contract and a commitment to long-term 
repayment of the construction cost of the system.
  The district commenced making payments on its repayment obligation 
starting in 1967. Thereafter, the district took full and complete 
responsibility for the administration, operation, maintenance, and 
repair of the system. Legal title to the system, however, remained in 
the name of the United States.
  Now that the district's repayment obligation has been satisfied by 
the terms of its agreement with the Bureau, both the district and 
Bureau seek to have title to the federally-owned facilities transferred 
back to the district.
  The district took advantage of the administration's title transfer 
program and negotiated the terms and conditions of an agreement whereby 
title to the distribution facilities would be transferred in a manner 
satisfactory to all concerned parties. This legislation will effectuate 
that agreement, and will bring title and authority over these 
facilities back to the 8,000 or so people who are served by them.
  Although the district already carries out all aspects of the 
operation and maintenance of the system, transfer of title will allow 
the customers and water users in the district to be better served by 
more cost-effective and responsive administration of the facility.
  Mr. Speaker, the Clear Creek title transfer is uncluttered by any 
adverse or controversial issues related to environmental impact, water 
allocation, hazardous waste, Federal power, or endangered species. It 
has the full support of the Clear Creek Community Services District, 
the citizens, communities, and businesses served by the district, and 
the Bureau of Reclamation.
  Further, it advances the objective of creating a government that 
works better and costs less by transferring these facilities to State 
and local units of government where they can be more efficiently 
managed.
  I urge the Members to vote in favor of this noncontroversial 
proposal, which provides a definite win-win situation for all parties 
involved. I appreciate the opportunity to speak on its behalf.
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank my friend and colleague, the gentleman from Guam 
(Mr. Underwood), for his help in this matter, and I urge an aye vote.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Doolittle) that the House suspend the 
rules and pass the bill, H.R. 862, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof), the rules were suspended and the bill, as amended, was 
passed.
  The title was amended so as to read:

       ``A bill to direct the Secretary of the Interior to 
     implement the provisions of an agreement conveying title to a 
     distribution system from the United States to the Clear Creek 
     Community Services District.''.

  A motion to reconsider was laid on the table.

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