Orland Project Transfer Act
Bill: H.R.2443 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Water Resources Development

Summary:
Orland Project Transfer Act
This bill requires the Bureau of Reclamation to transfer title and water rights held by the United States in the Orland Project (located in Glenn, Tehama, and Colusa counties in California) to a qualifying entity. Qualifying entity refers to a state agency, joint action or powers agency, water users association, Indian tribe, or tribal utility authority that operates certain water facilities.
The bill specifies four separate transfers related to the Orland Project. These transfers are for (1) the Stony Gorge Dam; (2) the facilities and structures of the project that do not include the Stony Gorge Dam; (3) the irrigation distribution system of the project; and (4) the office building, maintenance yard, and land used to operate and maintain the project.
Prior to each transfer, Reclamation must consult with the California Department of Water Resources' Division of Safety of Dams and the qualifying entity to identify any dam safety issues that require remediation. A transferred portion shall not be considered a federal Reclamation project.
In addition, the bill outlines the use of proceeds from the sale of water from the Stony Gorge Dam and Reservoir. In particular, proceeds must be used to pay for the costs of safety improvements.
The bill authorizes Reclamation to make clerical and typographical corrections to a November 2, 2020, map of the Orland Project. Reclamation must make the map publicly available on its website.

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.

    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 ``Orland Project Transfer Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Authorized in 1907, the Orland Project is one of the 
        smallest projects ever undertaken by the Bureau of Reclamation.
            (2) The East Park Reservoir located in Colusa County, 
        California, has a storage capacity of 50,900 acre-feet of water 
        and the Stony Gorge Reservoir located in Glenn County, 
        California, has a storage capacity of 50,380 acre-feet of 
        water.
            (3) The Orland Project irrigates approximately 1 percent 
        (approximately 21,000 acres) of the Sacramento Valley's total 
        irrigable soil with a portion of the total stream runoff of 
        approximately 410,000 acre-feet of water each year.
            (4) Incorporated in 1907 and based in the City of Orland, 
        California, the Orland Unit Water Users' Association has been 
        responsible for the care, operation, and maintenance of the 
        Orland Project since 1954, under a contract with the Bureau of 
        Reclamation.
            (5) The Orland Unit Water Users' Association's financial 
        obligation for the construction of the Orland Project was fully 
        repaid to the Federal Government on March 31, 1989.
            (6) To receive title to the Orland Project, the Orland Unit 
        Water Users' Association is planning to reincorporate as a 
        local public agency under the laws of the State of California, 
        such as a water district, irrigation district, or joint powers 
        agency.
            (7) The transfer of title to other Federal projects and 
        facilities owned and administered by the Bureau of Reclamation 
        to local public agencies has been authorized and directed by 
        Federal statute, including--
                    (A) in March 2019, the Contra Costa Canal Unit of 
                the Central Valley Project in the State of California 
                to the Contra Costa Water District under section 8302 
                of the John D. Dingell, Jr. Conservation, Management, 
                and Recreation Act (Public Law 116-9);
                    (B) in December 2000, the Foresthill Divide Subunit 
                of the Auburn-Folsom South Unit of the Central Valley 
                Project to the Foresthill Public Utility District under 
                title V of Public Law 106-566 (Sugar Pine Dam and 
                Reservoir Conveyance Act of 2000).
                    (C) in October 2000, the Sly Park Unit of the 
                Central Valley Project to the El Dorado Irrigation 
                District under section 212 of the Energy and Water 
                Development Appropriations Act, 2001 (enacted by 
                reference in section 1(a)(2) of Public Law 106-377; 114 
                Stat. 1441B-13); and
            (8) All dams and reservoirs to which title is held by non-
        Federal agencies in the State of California must meet safety 
        regulations promulgated by the Department of Water Resources' 
        Division of Safety of Dams under the California Water Code.
            (9) The Bureau of Reclamation will only use available funds 
        to satisfy Federal dam safety standards and regulations.

SEC. 3. TRANSFER OF TITLE.

    (a) In General.--The Secretary shall transfer all right, title, and 
interest of the United States in and to the Orland Project located in 
Glenn, Tehama, and Colusa counties in California, to a qualifying 
entity, as follows:
            (1) For facilities and structures of the Orland Project 
        other than the Stony Gorge Dam, not later than 1 year after the 
        qualifying entity submits an application to the California 
        Department of Water Resources' Division of Safety of Dams for a 
        ``Certificate of Approval'' under the California Water Code 
        (Division 3, Sections 6000 through 6612) pertaining to the 
        respective facility or structure of the Orland Project.
            (2) For the Stony Gorge Dam, not later than 1 year after 
        the Federal safety of dams repayment obligation for the dam is 
        extinguished or repaid and the qualifying entity submits an 
        application to the California Department of Water Resources' 
        Division of Safety of Dams for a ``Certificate of Approval'' 
        under the California Water Code (Division 3, Sections 6000 
        through 6612) for such dam.
            (3) For the irrigation distribution system of the Orland 
        Project, including approximately 17 miles of canals and 139 
        miles of laterals, not later than 1 year after the qualifying 
        entity requests transfer of the system, in writing, to the 
        Commissioner of Reclamation.
            (4) For the office building, maintenance yard, and 
        appurtenant land used by the qualifying entity in operating and 
        maintaining the Orland Project, not later than 1 year after the 
        qualifying entity requests transfer of the aforementioned, in 
        writing, to the Commissioner of Reclamation.
    (b) Water Rights.--Each transfer under subsection (a) shall include 
all water rights for storage and diversion held by the United States 
related to the operation of the transferred portion of the Orland 
Project.
    (c) Consultation With State and Qualifying Entity.--Before each 
transfer under paragraphs (1) and (2) of subsection (a), the Secretary 
shall consult with the State of California's Department of Water 
Resources' Division of Safety of Dams and the qualifying entity to 
identify any dam safety issues requiring remediation.
    (d) Administrative Costs.--Administrative costs of each transfer 
under subsection (a) shall be paid in equal shares by the Secretary and 
the qualifying entity receiving title.

SEC. 4. LIABILITY AND REQUIREMENTS.

    (a) Liability.--The liability of the United States for the property 
transferred under section 3 before and after the transfer shall be 
governed by section 8005 of Public Law 116-9 (43 U.S.C. 2905).
    (b) Federal Law.--Each transfer under section 3 shall be in 
accordance with all Federal environmental laws as specified under 
section 8007 of Public Law 116-9 (43 U.S.C. 2907) and any applicable 
laws of the State of California.

SEC. 5. MAP.

    (a) Corrections.--The Secretary may make clerical and typographical 
corrections to the map entitled the ``Orland Project Facilities'' and 
dated November 2, 2020. Such corrections shall have the same force and 
effect as if the revised map were included as part of this Act.
    (b) Public Availability.--Not later than 30 days after the date of 
the enactment of this Act, the map entitled the ``Orland Project 
Facilities'' and dated November 2, 2020, and, not later than 30 days 
after a revised map is in effect, any subsequent revised map, shall be 
publicly available on the website of the Bureau of Reclamation.

SEC. 6. LIMITATIONS ON FUTURE BENEFITS.

    After each transfer under section 3, the transferred portion shall 
not be considered a Federal reclamation project. The qualifying entity 
to which the Orland Project is transferred under section 3 shall be 
subject to the limitations regarding future benefits under paragraphs 
(2) and (3) of section 8006 of Public Law 116-9 (43 U.S.C. 2906).

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

    Notwithstanding the provisions of the Act of February 25, 1920 (43 
U.S.C. 521) or any other provision of Reclamation Law addressing the 
disbursement or crediting of money, the Secretary shall review, 
consider, and, if deemed appropriate by the Secretary, approve the 
transfer, allocation, or reallocation of water made available from the 
Stony Gorge Dam and Reservoir of the Orland Project where the transfer, 
allocation, or reallocation is facilitated by the actions or non-
actions of a qualifying entity with a contractual or other entitlement 
to water involving the Bureau of Reclamation, upon such conditions of 
delivery, use, and payment as the Secretary and the qualifying entity 
may deem proper; Provided, that all proceeds and moneys derived from 
any such transfer shall be promptly remitted to the qualifying entity 
to pay the costs of safety improvements needed to--
            (1) help ensure that the East Park, Stony Gorge, Rainbow 
        Diversion, and Northside Diversion Dams and their appurtenant 
        structures of the Orland Project satisfy dam safety standards--
                    (A) under the Federal Guidelines for Dam Safety 
                issued by the Federal Emergency Management Agency or 
                the Interagency Committee on Dam Safety; and
                    (B) required by the State of California under the 
                California Water Code (Division 3, sections 6000 
                through 6612);
            (2) address any additional public safety concerns 
        identified by the qualifying entity, including any such 
        concerns posed by uncovered irrigation canals of the Orland 
        Project in the City of Orland, California; and
            (3) repay, in whole or in part, the Federal safety of dams 
        obligation by the qualifying entity to the Bureau of 
        Reclamation pursuant to the Reclamation Safety of Dams Act of 
        November 2, 1978 (43 U.S.C. 506, et seq.).

SEC. 8. AMENDMENTS TO EXISTING CONTRACTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall modify any existing water service or other contract 
between the Federal Government and the qualifying entity to the extent 
necessary to comply with this Act.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Federal reclamation project.--The term ``Federal 
        reclamation project'' has the meaning given such term under 
        section 8002(7) of Public Law 116-9 (43 U.S.C. 2902(7)).
            (2) Orland project.--The term ``Orland Project'' means the 
        East Park and Stony Gorge dams, two diversion dams, 
        approximately 17 miles of canals and 139 miles of laterals as 
        generally depicted on the map entitled the ``Orland Project 
        Facilities'' and dated November 2, 2020, and includes all 
        interests in land, rights-of-way, easements, water rights, and 
        appurtenant structures associated with the Orland Project in 
        existence on the date of the enactment of this Act, including 
        the irrigation distribution system of the Orland Project, and 
        the office building, maintenance yard, and appurtenant land 
        used by the qualifying entity in operating and maintaining the 
        Orland Project.
            (3) Qualifying entity.--The term ``qualifying entity'' has 
        the meaning given such term in section 8002(5) of Public Law 
        116-9 (43 U.S.C. 2902(5)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
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