[House Report 108-363]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-363
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CARPINTERIA AND MONTECITO WATER DISTRIBUTION SYSTEMS CONVEYANCE ACT OF
2003
_______
November 17, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1648]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1648) to authorize the Secretary of the Interior to
convey certain water distribution systems of the Cachuma
Project, California, to the Carpinteria Valley Water District
and the Montecito Water District, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 1648 is to authorize the Secretary of
the Interior to convey certain water distribution systems of
the Cachuma Project, California, to the Carpinteria Valley
Water District and the Montecito Water District.
BACKGROUND AND NEED FOR LEGISLATION
Since the Bureau of Reclamation began building water supply
and distribution systems in the early 1900s, there has been an
expectation that many of the facilities would ultimately be
transferred to the local entities they were built to serve.
Taking facilities off the federal books represents real budget
savings for the future. Transfers help shrink the size and
budget of the federal government, and help us manage our
resources in a more efficient manner.
This Act would help simplify the operation and maintenance
of the Carpinteria Valley and Montecito Water Districts' water
distribution systems and eliminate unnecessary paperwork and
consultation between the Districts and the Bureau of
Reclamation. The proposed transfer of ownership would include
the following facilities: the distribution system of 36 miles
(Carpinteria) and 9.5 miles of pipeline and laterals
(Montecito); Gobernador Reservoir; Shepard Mesa Tank; Lateral
10L; Carpinteria, Shepard Mesa, Asegra, and Ortega Ridge
pumping plants; several pressure regulating vaults located
throughout the system; fences and structures; and rights-of-
way, easements, leases and other property permitting access to
the federal system.
H.R. 1648 would apply to only land and facilities and would
not affect the Districts' existing water service contract with
the Santa Barbara County Water Agency nor the federal
government receipts from water deliveries under the contract.
In addition, the proposed transfer does not involve any new
physical modifications or expansion of the service
infrastructure. Finally, both Districts have worked through all
Bureau of Reclamation requirements including payment
obligations and required environmental reviews, and need only
to complete the process with an act of Congress.
COMMITTEE ACTION
H.R. 1648 was introduced by Congresswoman Lois Capps (D-
CA). The bill was referred to the Committee on Resources and
within the Committee to the Subcommittee on Water and Power. On
October 29, 2003, the Full Committee met to consider the bill.
The Subcommittee was discharged from further consideration of
the bill by unanimous consent. No amendments were offered and
the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION
Section 1. Short title
This Act may be cited as the ``Carpinteria and Montecito
Water Distribution Systems Conveyance Act of 2003.''
Section 2. Conveyance of water distribution systems of the Cachuma
Project, California
(a)(1) This section provides that the Secretary may convey
all right, title, and interest of the United States to the
Carpinteria Distribution System of the Cachuma Project
consistent with the terms and conditions set forth in Transfer
Agreement Number 00-XC-20-0364.
(a)(2) This section provides that the Secretary of the
Interior may convey all right, title, and interest of the
United States to the Montecito Water District of the Cachuma
Project consistent with the terms and conditions set forth in
Transfer Agreement Number 01-XC-20-0365.
(b) This section provides that the United States shall not
be held liable for any damages of any kind arising out of any
act, omission, or occurrence relating to the distribution
system effective upon the date of the title transfer of the
distribution system.
(c)(1) This section states that after conveyance of the
water distribution system to either of the Districts, the
system shall no longer be considered a part of the federal
reclamation project.
(c)(2) This section provides that after conveyance of the
water distribution system to either of the Districts, that the
respective water district will not receive any benefit from any
of the facilities of the distribution system, except benefits
that would be available to a similarly situated person with
respect to such a facility of the system that is not part of a
federal reclamation project.
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 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. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 7, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1648, the
Carpinteria and Montecito Water Distribution Systems Conveyance
Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa E.
Zimmerman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 1648--Carpinteria and Montecito Water Distribution Systems
Conveyance Act of 2003
CBO estimates that implementing H.R. 1648 would have no
significant impact on the federal budget. This bill would
direct the Secretary of the Interior to convey all rights,
title, and interest of the Federal Government in the
Carpinteria Distribution System to the Carpinteria Valley Water
District and in the Montecito Water Distribution System to the
Montecito Water District. Both of these water distribution
systems are part of the Cachuma Project in Santa Barbara
County, California.
The Carpinteria Valley Water District has made all required
payments on its contract with the Bureau of Reclamation for
construction of the Carpinteria system. The Montecito Water
District still owes about $7,000 for construction of its water
distribution system and would be required to pay that sum as a
condition of conveyance. Currently, the bureau spends less than
$5,000 every three years to inspect these water distribution
systems. The next inspections will take place in 2005. Once
these systems are conveyed, all operations and maintenance
(including inspections) would be the responsibility of the
districts.
H.R. 1648 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 Melissa E.
Zimmerman. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
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.