Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-200

======================================================================

 
   AMENDING CERTAIN DEFINITIONS CONTAINED IN THE PROVO RIVER PROJECT 
TRANSFER ACT FOR PURPOSES OF CLARIFYING CERTAIN PROPERTY DESCRIPTIONS, 
                         AND FOR OTHER PURPOSES

                                _______
                                

 September 10, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 255]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 255) to amend certain definitions contained in 
the Provo River Project Transfer Act for purposes of clarifying 
certain property descriptions, and for other purposes, 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. 255 is to amend certain definitions 
contained in the Provo River Project Transfer Act for purposes 
of clarifying certain property descriptions.

                  Background and Need for Legislation

    The Provo Reservoir Canal (PRC) diverts water from the 
Provo River beginning at the Murdock Diversion Dam near the 
mouth of Provo Canyon, Utah, and runs 21 miles to the 
northwest. The PRC, which provides agricultural water for over 
46,000 acres, was initially an open, earthen canal that ran 
through pastures and orchards in rural Utah. Increased suburban 
development adjacent to the PRC led to minor boundary disputes, 
bank erosion, and significant threats to public safety over the 
last few decades. The Provo River Water Users Association, the 
primary beneficiary of the PRC, began promoting the enclosure 
(i.e. piping the canal and covering it) of the PRC in 1995 to 
resolve these issues. In 2004, the Association successfully 
pursued legislation (Public Law 108-382) transferring title of 
the PRC from the federal government to the Association. This 
was intended to help generate non-federal capital investments 
towards enclosure since local ownership would have provided 
equity. Under P.L. 108-382, the Association was required to pay 
the balance of the PRC's capital cost owed to the federal 
government before the occurrence of any title transfer.
    Despite the intent of P.L. 108-382 to convey to the 
Association all right, title, and interest of the United States 
to the PRC facilities, an agreement on the terms of title 
transfer could not be reached between various local parties. 
However, the PRC enclosure project was eventually completed 
using a combination of financial sources. Due to the enclosure 
of the PRC prior to execution of the title transfer, the Bureau 
of Reclamation contends that the definition of ``canal'' in 
current law is no longer legally sufficient to convey what is 
now a piped PRC. Amending the definition of the PRC to reflect 
its enclosure will allow for the completion of the title 
transfer originally intended in federal law.

                            Committee Action

    H.R. 255 was introduced on January 15, 2013, by Congressman 
Jason Chaffetz (R-UT). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Water and Power. On May 23, 2013, the 
Subcommittee held a hearing on the bill. On July 31, 2013, the 
Full Natural Resources Committee met to consider the bill. The 
Subcommittee on Water and Power was discharged by unanimous 
consent. No amendments were offered, and the bill was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Clarifying certain property descriptions in Provo River 
        Project Transfer Act

    Section one amends the Provo River Transfer Act (Public Law 
108-382) by striking the term ``canal'' in the definition and 
replacing it with the ``water conveyance facility historically 
known as the Provo Reservoir Canal.'' The section also directs 
the transfer of ``all associated bridges, fixtures, structures, 
facilities, lands, interests in land and rights-of-way held.''

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 255--A bill to amend certain definitions contained in the Provo 
        River Project Transfer Act for purposes of clarifying certain 
        property descriptions

    H.R. 255 would direct the Secretary of the Interior to 
transfer the title of the water conveyance facilities located 
on the Provo Reservoir to the Provo River Water Users 
Association. Based on information from the Bureau of 
Reclamation, CBO estimates that implementing the legislation 
would affect net direct spending; therefore, pay-as-you-go 
procedures apply. However, we expect that those impacts would 
be insignificant. The legislation would not affect revenues.
    The Bureau had the authority to transfer the title to the 
Provo Reservoir Canal to the association as the project existed 
in 2004. The facilities have been modified since 2004, so that 
transfer authority no longer applies. H.R. 255 would direct the 
bureau to transfer the title to the water conveyance facilities 
associated with the Provo Reservoir, including bridges, lands, 
and pipelines. Upon transfer of the title, the association 
would be required to pay, in one lump sum, the present value of 
the remaining costs for construction of the canal and the value 
of receipts that the bureau would no longer collect for issuing 
special-use permits and selling surplus water.
    Based on information from the bureau, if H.R. 255 is 
enacted, CBO expects that the bureau would transfer the title 
to the Provo Reservoir facilities in 2014. Upon transfer, the 
association would pay the U.S. Treasury about $700,000. Annual 
offsetting receipts would decrease by about $60,000 because the 
association would no longer make annual payments of about 
$40,000 for the canal's construction cost, and the bureau would 
no longer collect amounts for issuing special-use permits and 
selling surplus water, which total about $20,000 each year. In 
total, CBO estimates that enacting the legislation would result 
in a net reduction in direct spending of about $400,000 over 
the 2014-2018 period and $100,000 over the 2014-2023 period.
    H.R. 255 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.
    On June 7, 2013, CBO transmitted a cost estimate for S. 
211, a bill to amend certain definitions contained in the Provo 
River Project Transfer Act for purposes of clarifying certain 
property descriptions, as ordered reported by the Senate 
Committee on Energy and Natural Resources on May 16, 2013. The 
two pieces of legislation are identical, and the estimated 
costs are the same.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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. In total, CBO 
estimates that enacting the legislation would result in a net 
reduction in direct spending of about $400,000 over the 2014-
2018 period and $100,000 over the 2014-2023 period.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend certain definitions 
contained in the Provo River Project Transfer Act for purposes 
of clarifying certain property descriptions.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                    PROVO RIVER PROJECT TRANSFER ACT




           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

  In this Act:
          (1) Agreement.--The term ``Agreement'' means the 
        contract numbered 04-WC-40-8950 and entitled 
        ``Agreement Among the United States, the Provo River 
        Water Users Association, and the Metropolitan Water 
        District of Salt Lake & Sandy to Transfer Title to 
        Certain Lands and Facilities of the Provo River 
        Project'' and shall include maps of the land and 
        features to be conveyed under the Agreement.
          (2) Association.--The term ``Association'' means the 
        Provo River Water Users Association, a nonprofit 
        corporation organized under the laws of the State.
          (3) District.--The term ``District'' means the 
        Metropolitan Water District of Salt Lake & Sandy, a 
        political subdivision of the State.
          (4) Pleasant grove property.--
                  (A) In general.--The term ``Pleasant Grove 
                Property'' means the 3.79-acre parcel of land 
                acquired by the United States for the Provo 
                River Project, Deer Creek Division, located at 
                approximately 285 West 1100 North, Pleasant 
                Grove, Utah, as in existence on the date [of 
                enactment of this Act] on which the parcel is 
                conveyed under section 3(a)(2).
                  (B) Inclusions.--The term ``Pleasant Grove 
                Property'' includes the office building and 
                shop complex constructed by the Association on 
                the parcel of land described in subparagraph 
                (A).
          (5) Provo reservoir canal.--The term ``Provo 
        Reservoir Canal'' means the [canal, and any associated 
        land, rights-of-way, and facilities] water conveyance 
        facility historically known as the Provo Reservoir 
        Canal and all associated bridges, fixtures, structures, 
        facilities, lands, interests in land, and rights-of-way 
        held, acquired, constructed, or improved by the United 
        States as part of the Provo River Project, Deer Creek 
        Division, extending from, and including, the Murdock 
        Diversion Dam and forebay at the mouth of Provo Canyon, 
        Utah, to and including the Provo Reservoir Canal Siphon 
        and Penstock near the Jordan Narrows to the point where 
        water is discharged to the Welby-Jacob Canal and the 
        Utah Lake Distributing Canal, as in existence on the 
        date [of enactment of this Act] on which the Provo 
        Reservoir Canal is conveyed under section 3(a)(1).
          (6) Salt lake aqueduct.--The term ``Salt Lake 
        Aqueduct'' means the aqueduct and associated land, 
        rights-of-way, and facilities acquired, constructed or 
        improved by the United States as part of the Provo 
        River Project, Aqueduct Division, extending from, and 
        including, the Salt Lake Aqueduct Intake at the base of 
        Deer Creek Dam to and including the Terminal Reservoirs 
        located at 3300 South St. and Interstate Route 215 in 
        Salt Lake City, Utah, as in existence on the date of 
        enactment of this Act.
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior or a designee of the 
        Secretary.
          (8) State.--The term ``State'' means the State of 
        Utah.

           *       *       *       *       *       *       *