Orland Project Transfer Act

Bill: 117-hr-2443
Sponsor: full_name: Rep. Garamendi, John [D-CA-3]
Introduced: 2021-04-12
Policy area: Water Resources Development
Subjects: California

Dams and canals

Emergency planning and evacuation

Government buildings, facilities, and property

Intergovernmental relations

Land transfers

State and local government operations

Water resources funding

Water storage

Water use and supply
Latest action: action_date: 2021-06-11
text: Referred to the Subcommittee on National Parks, Forests, and Public Lands.

Summaries:
action_date: 2021-04-12
action_desc: Introduced in House
text: <p><strong>Orland Project Transfer Act</strong></p> <p>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. <em>Qualifying entity</em> refers to a state agency, joint action or powers agency, water users association, Indian tribe, or tribal utility authority that operates certain water facilities.</p> <p>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.</p> <p>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. </p> <p>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. </p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2443 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. Short title This Act may be cited as the Orland Project Transfer Act . 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. 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. 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. 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. 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 ). 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.). 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. 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.