II 

Calendar No. 817 

110TH CONGRESS 

2D SESSION H. R. 2085 

[Report No. 110–385] 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2007 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, without amendment 

AN ACT 

To authorize the Secretary of the Interior to convey to the 

McGee Creek Authority certain facilities of the McGee 

Creek Project, Oklahoma, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘McGee Creek Project 

5 Pipeline and Associated Facilities Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AGREEMENT.—The term ‘‘Agreement’’ 

2 means the agreement numbered 06–AG–60–2115 

3 and entitled ‘‘Agreement Between the United States 

4 of America and McGee Creek Authority for the Pur5 pose of Defining Responsibilities Related to and Im6 plementing the Title Transfer of Certain Facilities 

7 at the McGee Creek Project, Oklahoma’’. 

8 (2) AUTHORITY.—The term ‘‘Authority’’ means 

9 the McGee Creek Authority located in Oklahoma 

10 City, Oklahoma. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPE14 LINE AND ASSOCIATED FACILITIES. 

15 (a) AUTHORITY TO CONVEY.— 

16 (1) IN GENERAL.—In accordance with all appli17 cable laws and consistent with any terms and condi18 tions provided in the Agreement, the Secretary may 

19 convey to the Authority all right, title, and interest 

20 of the United States in and to the pipeline and any 

21 associated facilities described in the Agreement, in22 cluding— 

23 (A) the pumping plant; 


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1 (B) the raw water pipeline from the McGee 

2 Creek pumping plant to the rate of flow control 

3 station at Lake Atoka; 

4 (C) the surge tank; 

5 (D) the regulating tank; 

6 (E) the McGee Creek operation and main7 tenance complex, maintenance shop, and pole 

8 barn; and 

9 (F) any other appurtenances, easements, 

10 and fee title land associated with the facilities 

11 described in subparagraphs (A) through (E), in 

12 accordance with the Agreement. 

13 (2) EXCLUSION OF MINERAL ESTATE FROM

14 CONVEYANCE.— 

15 (A) IN GENERAL.—The mineral estate 

16 shall be excluded from the conveyance of any 

17 land or facilities under paragraph (1). 

18 (B) MANAGEMENT.—Any mineral interests 

19 retained by the United States under this Act 

20 shall be managed— 

21 (i) consistent with Federal law; and 

22 (ii) in a manner that would not inter23 fere with the purposes for which the 

24 McGee Creek Project was authorized. 


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1 (3) COMPLIANCE WITH AGREEMENT; APPLICA2 BLE LAW.— 

3 (A) AGREEMENT.—All parties to the con4 veyance under paragraph (1) shall comply with 

5 the terms and conditions of the Agreement, to 

6 the extent consistent with this Act. 

7 (B) APPLICABLE LAW.—Before any con8 veyance under paragraph (1), the Secretary 

9 shall complete any actions required under— 

10 (i) the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.); 

12 (ii) the Endangered Species Act of 

13 1973 (16 U.S.C. 1531 et seq.); 

14 (iii) the National Historic Preserva15 tion Act (16 U.S.C. 470 et seq.); and 

16 (iv) any other applicable laws. 

17 (b) OPERATION OF TRANSFERRED FACILITIES.— 

18 (1) IN GENERAL.—On the conveyance of the 

19 land and facilities under subsection (a)(1), the Au20 thority shall comply with all applicable Federal, 

21 State, and local laws (including regulations) in the 

22 operation of any transferred facilities. 

23 (2) OPERATION AND MAINTENANCE COSTS.— 

24 (A) IN GENERAL.—After the conveyance of 

25 the land and facilities under subsection (a)(1) 


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1 and consistent with the Agreement, the Author2 ity shall be responsible for all duties and costs 

3 associated with the operation, replacement, 

4 maintenance, enhancement, and betterment of 

5 the transferred land and facilities. 

6 (B) LIMITATION ON FUNDING.—The Au7 thority shall not be eligible to receive any Fed8 eral funding to assist in the operation, replace9 ment, maintenance, enhancement, and better10 ment of the transferred land and facilities, ex11 cept for funding that would be available to any 

12 comparable entity that is not subject to rec13 lamation laws. 

14 (c) RELEASE FROM LIABILITY.— 

15 (1) IN GENERAL.—Effective beginning on the 

16 date of the conveyance of the land and facilities 

17 under subsection (a)(1), the United States shall not 

18 be liable for damages of any kind arising out of any 

19 act, omission, or occurrence relating to any land or 

20 facilities conveyed, except for damages caused by 

21 acts of negligence committed by the United States 

22 (including any employee or agent of the United 

23 States) before the date of the conveyance. 

24 (2) NO ADDITIONAL LIABILITY.—Nothing in 

25 this subsection adds to any liability that the United 


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1 States may have under chapter 171 of title 28, 

2 United States Code. 

3 (d) CONTRACTUAL OBLIGATIONS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), any rights and obligations under the con6 tract numbered 0–07–50–X0822 and dated October 

7 11, 1979, between the Authority and the United 

8 States for the construction, operation, and mainte9 nance of the McGee Creek Project, shall remain in 

10 full force and effect. 

11 (2) AMENDMENTS.—With the consent of the 

12 Authority, the Secretary may amend the contract de13 scribed in paragraph (1) to reflect the conveyance of 

14 the land and facilities under subsection (a)(1). 

15 (e) APPLICABILITY OF THE RECLAMATION LAWS.— 

16 Notwithstanding the conveyance of the land and facilities 

17 under subsection (a)(1), the reclamation laws shall con18 tinue to apply to any project water provided to the Author19 ity. 


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Calendar No. 817 

110TH CONGRESS 

2D SESSION H. R. 2085 

[Report No. 110

–385] 

AN ACT 

To authorize the Secretary of the Interior to convey 

other purposes. the McGee Creek Project, Oklahoma, and for to the McGee Creek Authority certain facilities of 

JUNE 16, 2008 

Reported without amendment 


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