[Congressional Record Volume 154, Number 82 (Monday, May 19, 2008)]
[House]
[Pages H4073-H4074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        GOLETA WATER DISTRIBUTION SYSTEM CONVEYANCE ACT OF 2008

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3323

       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 ``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

[[Page H4074]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from California (Mr. Issa) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Thank you, Mr. Speaker. I ask unanimous consent that 
all Members may have 5 days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time such time as I 
may consume.
  H.R. 3323, introduced by our colleague from California, Congresswoman 
Lois Capps, authorizes the Secretary of the Interior to convey all 
rights of the United States to the Goleta Water Distribution System to 
the Goleta Water District in Santa Barbara, California.
  Mr. Speaker, I would like to thank Congresswoman Capps for her hard 
work on this important legislation, and I strongly urge my colleagues 
to support H.R. 3323, as amended.
  I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I too rise in support of this bill. It's 
always a good thing when the Federal Government evaluates land it does 
not need, that has previously been owned by local municipalities or 
private individuals and takes steps to return that at no cost to the 
taxpayers. So I join with the gentlelady from Guam and my colleague 
from California, Lois Capps, in urging support for the return of this 
land to the Goleta Water District.
  Mrs. CAPPS. Mr. Speaker, I rise in strong support of H.R. 3323, the 
Goleta Water Distribution System Conveyance Act of 2007--a bill I 
introduced last year that would authorize the title transfer of a 
federally owned water distribution system in my congressional district 
from the Bureau of Reclamation to the Goleta Water District.
  First, I want to thank the chairman of the Natural Resources 
Committee, Mr. Rahall, and chairwoman of the Subcommittee on Water and 
Power, Ms. Napolitano, as well as the ranking members of the full 
Committee and Subcommittee for bringing H.R. 3323 before us today.
  The purpose of the legislation is to simplify the operation and 
maintenance of the District's water distribution system and eliminate 
unnecessary paperwork and consultation between the District and the 
Bureau.
  The Goleta Water District has operated and maintained the facilities 
proposed for transfer since the 1950s. They have worked through all 
requirements of the Bureau's title transfer process, including public 
meetings, fulfillment of their repayment obligations, completion of an 
environmental assessment, and compliance with all other applicable 
laws.
  The only step remaining to complete the process is an act of Congress 
enabling the Secretary of the Interior to transfer title.
  It is important to note that the proposed transfer would apply only 
to lands and facilities associated with the District and would not 
affect the District's existing water service contract with the Santa 
Barbara County Water Agency nor the Federal government receipts from 
water deliveries under the contract. In addition, the proposed transfer 
does not envision any new physical modification or expansion of the 
service infrastructure.
  I'm pleased the administration is supporting my legislation, which 
will allow the Bureau to focus its limited resources where they are 
needed most. In my view, this is an example of local problem-solving at 
its best. I commend the staff of the water district and the Bureau for 
their efforts to reach this agreement. I know that they have been 
working on this for several years now.
  Again, I would like to thank the Natural Resources Committee for 
supporting this bill, and urge its immediate passage.
  Mr. ISSA. I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I, again, urge my colleagues to support 
the bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 3323, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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