[House Report 113-200]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-200
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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
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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.
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