[House Report 110-631]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-631

======================================================================



 
        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.

                                  
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