I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Orland Project Trans5 fer Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 


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1 (1) Authorized in 1907, the Orland Project is 

2 one of the smallest projects ever undertaken by the 

3 Bureau of Reclamation. 

4 (2) The East Park Reservoir located in Colusa 

5 County, California, has a storage capacity of 50,900 

6 acre-feet of water and the Stony Gorge Reservoir lo7 cated in Glenn County, California, has a storage ca8 pacity of 50,380 acre-feet of water. 

9 (3) The Orland Project irrigates approximately 

10 1 percent (approximately 21,000 acres) of the Sac11 ramento Valley’s total irrigable soil with a portion of 

12 the total stream runoff of approximately 410,000 

13 acre-feet of water each year. 

14 (4) Incorporated in 1907 and based in the City 

15 of Orland, California, the Orland Unit Water Users’ 

16 Association has been responsible for the care, oper17 ation, and maintenance of the Orland Project since 

18 1954, under a contract with the Bureau of Reclama19 tion. 

20 (5) The Orland Unit Water Users’ Association’s 

21 financial obligation for the construction of the 

22 Orland Project was fully repaid to the Federal Gov23 ernment on March 31, 1989. 

24 (6) To receive title to the Orland Project, the 

25 Orland Unit Water Users’ Association is planning to 


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1 reincorporate as a local public agency under the laws 

2 of the State of California, such as a water district, 

3 irrigation district, or joint powers agency. 

4 (7) The transfer of title to other Federal 

5 projects and facilities owned and administered by 

6 the Bureau of Reclamation to local public agencies 

7 has been authorized and directed by Federal statute, 

8 including— 

9 (A) in March 2019, the Contra Costa 

10 Canal Unit of the Central Valley Project in the 

11 State of California to the Contra Costa Water 

12 District under section 8302 of the John D. 

13 Dingell, Jr. Conservation, Management, and 

14 Recreation Act (Public Law 116–9); 

15 (B) in December 2000, the Foresthill Di16 vide Subunit of the Auburn-Folsom South Unit 

17 of the Central Valley Project to the Foresthill 

18 Public Utility District under title V of Public 

19 Law 106–566 (Sugar Pine Dam and Reservoir 

20 Conveyance Act of 2000). 

21 (C) in October 2000, the Sly Park Unit of 

22 the Central Valley Project to the El Dorado Ir23 rigation District under section 212 of the En24 ergy and Water Development Appropriations 

25 Act, 2001 (enacted by reference in section 


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1 1(a)(2) of Public Law 106–377; 114 Stat. 

2 1441B–13); and 

3 (8) All dams and reservoirs to which title is 

4 held by non-Federal agencies in the State of Cali5 fornia must meet safety regulations promulgated by 

6 the Department of Water Resources’ Division of 

7 Safety of Dams under the California Water Code. 

8 (9) The Bureau of Reclamation will only use 

9 available funds to satisfy Federal dam safety stand10 ards and regulations. 

11 SEC. 3. TRANSFER OF TITLE. 

12 (a) IN GENERAL.—The Secretary shall transfer all 

13 right, title, and interest of the United States in and to 

14 the Orland Project located in Glenn, Tehama, and Colusa 

15 counties in California, to a qualifying entity, as follows: 

16 (1) For facilities and structures of the Orland 

17 Project other than the Stony Gorge Dam, not later 

18 than 1 year after the qualifying entity submits an 

19 application to the California Department of Water 

20 Resources’ Division of Safety of Dams for a ‘‘Cer21 tificate of Approval’’ under the California Water 

22 Code (Division 3, Sections 6000 through 6612) per23 taining to the respective facility or structure of the 

24 Orland Project. 


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1 (2) For the Stony Gorge Dam, not later than 

2 1 year after the Federal safety of dams repayment 

3 obligation for the dam is extinguished or repaid and 

4 the qualifying entity submits an application to the 

5 California Department of Water Resources’ Division 

6 of Safety of Dams for a ‘‘Certificate of Approval’’ 

7 under the California Water Code (Division 3, Sec8 tions 6000 through 6612) for such dam. 

9 (3) For the irrigation distribution system of the 

10 Orland Project, including approximately 17 miles of 

11 canals and 139 miles of laterals, not later than 1 

12 year after the qualifying entity requests transfer of 

13 the system, in writing, to the Commissioner of Rec14 lamation. 

15 (4) For the office building, maintenance yard, 

16 and appurtenant land used by the qualifying entity 

17 in operating and maintaining the Orland Project, 

18 not later than 1 year after the qualifying entity re19 quests transfer of the aforementioned, in writing, to 

20 the Commissioner of Reclamation. 

21 (b) WATER RIGHTS.—Each transfer under sub22 section (a) shall include all water rights for storage and 

23 diversion held by the United States related to the oper24 ation of the transferred portion of the Orland Project. 


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1 (c) CONSULTATION WITH STATE AND QUALIFYING

2 ENTITY.—Before each transfer under paragraphs (1) and 

3 (2) of subsection (a), the Secretary shall consult with the 

4 State of California’s Department of Water Resources’ Di5 vision of Safety of Dams and the qualifying entity to iden6 tify any dam safety issues requiring remediation. 

7 (d) ADMINISTRATIVE COSTS.—Administrative costs 

8 of each transfer under subsection (a) shall be paid in equal 

9 shares by the Secretary and the qualifying entity receiving 

10 title. 

11 SEC. 4. LIABILITY AND REQUIREMENTS. 

12 (a) LIABILITY.—The liability of the United States for 

13 the property transferred under section 3 before and after 

14 the transfer shall be governed by section 8005 of Public 

15 Law 116–9 (43 U.S.C. 2905). 

16 (b) FEDERAL LAW.—Each transfer under section 3 

17 shall be in accordance with all Federal environmental laws 

18 as specified under section 8007 of Public Law 116–9 (43 

19 U.S.C. 2907) and any applicable laws of the State of Cali20 fornia. 

21 SEC. 5. MAP. 

22 (a) CORRECTIONS.—The Secretary may make clerical 

23 and typographical corrections to the map entitled the 

24 ‘‘Orland Project Facilities’’ and dated November 2, 2020. 


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1 Such corrections shall have the same force and effect as 

2 if the revised map were included as part of this Act. 

3 (b) PUBLIC AVAILABILITY.—Not later than 30 days 

4 after the date of the enactment of this Act, the map enti5 tled the ‘‘Orland Project Facilities’’ and dated November 

6 2, 2020, and, not later than 30 days after a revised map 

7 is in effect, any subsequent revised map, shall be publicly 

8 available on the website of the Bureau of Reclamation. 

9 SEC. 6. LIMITATIONS ON FUTURE BENEFITS. 

10 After each transfer under section 3, the transferred 

11 portion shall not be considered a Federal reclamation 

12 project. The qualifying entity to which the Orland Project 

13 is transferred under section 3 shall be subject to the limi14 tations regarding future benefits under paragraphs (2) 

15 and (3) of section 8006 of Public Law 116–9 (43 U.S.C. 

16 2906). 

17 SEC. 7. USE OF PROCEEDS FROM SALE OF PROJECT 

18 WATER. 

19 Notwithstanding the provisions of the Act of Feb20 ruary 25, 1920 (43 U.S.C. 521) or any other provision 

21 of Reclamation Law addressing the disbursement or cred22 iting of money, the Secretary shall review, consider, and, 

23 if deemed appropriate by the Secretary, approve the trans24 fer, allocation, or reallocation of water made available 

25 from the Stony Gorge Dam and Reservoir of the Orland 


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1 Project where the transfer, allocation, or reallocation is 

2 facilitated by the actions or non-actions of a qualifying 

3 entity with a contractual or other entitlement to water in4 volving the Bureau of Reclamation, upon such conditions 

5 of delivery, use, and payment as the Secretary and the 

6 qualifying entity may deem proper; Provided, that all pro7 ceeds and moneys derived from any such transfer shall 

8 be promptly remitted to the qualifying entity to pay the 

9 costs of safety improvements needed to— 

10 (1) help ensure that the East Park, Stony 

11 Gorge, Rainbow Diversion, and Northside Diversion 

12 Dams and their appurtenant structures of the 

13 Orland Project satisfy dam safety standards— 

14 (A) under the Federal Guidelines for Dam 

15 Safety issued by the Federal Emergency Man16 agement Agency or the Interagency Committee 

17 on Dam Safety; and 

18 (B) required by the State of California 

19 under the California Water Code (Division 3, 

20 sections 6000 through 6612); 

21 (2) address any additional public safety con22 cerns identified by the qualifying entity, including 

23 any such concerns posed by uncovered irrigation ca24 nals of the Orland Project in the City of Orland, 

25 California; and 


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1 (3) repay, in whole or in part, the Federal safe2 ty of dams obligation by the qualifying entity to the 

3 Bureau of Reclamation pursuant to the Reclamation 

4 Safety of Dams Act of November 2, 1978 (43 

5 U.S.C. 506, et seq.). 

6 SEC. 8. AMENDMENTS TO EXISTING CONTRACTS. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the Secretary shall modify any existing 

9 water service or other contract between the Federal Gov10 ernment and the qualifying entity to the extent necessary 

11 to comply with this Act. 

12 SEC. 9. DEFINITIONS. 

13 For purposes of this Act: 

14 (1) FEDERAL RECLAMATION PROJECT.—The 

15 term ‘‘Federal reclamation project’’ has the meaning 

16 given such term under section 8002(7) of Public 

17 Law 116–9 (43 U.S.C. 2902(7)). 

18 (2) ORLAND PROJECT.—The term ‘‘Orland 

19 Project’’ means the East Park and Stony Gorge 

20 dams, two diversion dams, approximately 17 miles of 

21 canals and 139 miles of laterals as generally de22 picted on the map entitled the ‘‘Orland Project Fa23 cilities’’ and dated November 2, 2020, and includes 

24 all interests in land, rights-of-way, easements, water 

25 rights, and appurtenant structures associated with 


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1 the Orland Project in existence on the date of the 

2 enactment of this Act, including the irrigation dis3 tribution system of the Orland Project, and the of4 fice building, maintenance yard, and appurtenant 

5 land used by the qualifying entity in operating and 

6 maintaining the Orland Project. 

7 (3) QUALIFYING ENTITY.—The term ‘‘quali8 fying entity’’ has the meaning given such term in 

9 section 8002(5) of Public Law 116–9 (43 U.S.C. 

10 2902(5)). 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior, acting through the 

13 Commissioner of Reclamation. 

Æ 


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