I 

111TH CONGRESS 

1ST SESSION H. R. 89 

To authorize the Secretary of the Interior to convey a water distribution 

system to the Goleta Water District, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mrs. CAPPS introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To authorize the Secretary of the Interior to convey a water 

distribution system to the Goleta Water District, 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 ‘‘Goleta Water Distribu5 tion System Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGREEMENT.—The term ‘‘Agreement’’ 

9 means Agreement No. 07–LC–20–9387 between the 

10 United States and the District, entitled ‘‘Agreement 


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1 Between the United States and the Goleta Water 

2 District to Transfer Title of the Federally Owned 

3 Distribution System to the Goleta Water District’’. 

4 (2) DISTRICT.—The term ‘‘District’’ means the 

5 Goleta Water District, located in Santa Barbara 

6 County, California. 

7 (3) GOLETA WATER DISTRIBUTION SYSTEM.— 

8 The term ‘‘Goleta Water Distribution System’’ 

9 means the facilities constructed by the United States 

10 to enable the District to convey water to its water 

11 users, and associated lands, as described in Appen12 dix A of the Agreement. 

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

14 the Secretary of the Interior. 

15 SEC. 3. CONVEYANCE OF THE GOLETA WATER DISTRIBU16 TION SYSTEM. 

17 The Secretary is authorized to convey to the District 

18 all right, title, and interest of the United States in and 

19 to the Goleta Water Distribution System of the Cachuma 

20 Project, California, subject to valid existing rights and 

21 consistent with the terms and conditions set forth in the 

22 Agreement. 

23 SEC. 4. LIABILITY. 

24 Effective upon the date of the conveyance authorized 

25 by section 3, the United States shall not be held liable 


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1 by any court for damages of any kind arising out of any 

2 act, omission, or occurrence relating to the lands, build3 ings, or facilities conveyed under this Act, except for dam4 ages caused by acts of negligence committed by the United 

5 States or by its employees or agents prior to the date of 

6 conveyance. Nothing in this section increases the liability 

7 of the United States beyond that provided in chapter 171 

8 of title 28, United States Code (popularly known as the 

9 Federal Tort Claims Act). 

10 SEC. 5. BENEFITS. 

11 After conveyance of the Goleta Water Distribution 

12 System under this Act— 

13 (1) such distribution system shall not be consid14 ered to be a part of a Federal reclamation project; 

15 and 

16 (2) the District shall not be eligible to receive 

17 any benefits with respect to any facility comprising 

18 the Goleta Water Distribution System, except bene19 fits that would be available to a similarly situated 

20 entity with respect to property that is not part of a 

21 Federal reclamation project. 

22 SEC. 6. COMPLIANCE WITH OTHER LAWS. 

23 (a) COMPLIANCE WITH ENVIRONMENTAL AND HIS24 TORIC PRESERVATION LAWS.—Prior to any conveyance 

25 under this Act, the Secretary shall complete all actions 


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1 required under the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.), the Endangered Species 

3 Act of 1973 (16 U.S.C. 1531 et seq.), the National His4 toric Preservation Act (16 U.S.C. 470 et seq.), and all 

5 other applicable laws. 

6 (b) COMPLIANCE BY THE DISTRICT.—Upon the con7 veyance of the Goleta Water Distribution System under 

8 this Act, the District shall comply with all applicable Fed9 eral, State, and local laws and regulations in its operation 

10 of the facilities that are transferred. 

11 (c) APPLICABLE AUTHORITY.—All provisions of Fed12 eral reclamation law (the Act of June 17, 1902 (43 U.S.C. 

13 371 et seq.) and Acts supplemental to and amendatory 

14 of that Act) shall continue to be applicable to project water 

15 provided to the District. 

16 SEC. 7. REPORT. 

17 If, 12 months after the date of the enactment of this 

18 Act, the Secretary has not completed the conveyance re19 quired under section 3, the Secretary shall complete a re20 port that states the reason the conveyance has not been 

21 completed and the date by which the conveyance shall be 

22 completed. The Secretary shall submit a report required 

23 under this section to Congress not later than 14 months 

24 after the date of the enactment the of this Act. 

Æ 


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