IB 

110TH CONGRESS 

1ST SESSION H. R. 2085 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2007 

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

Resources 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Pipeline and Associated Facilities Conveyance Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

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

8 and entitled ‘‘Agreement Between the United States 

9 of America and McGee Creek Authority for the Pur10 pose of Defining Responsibilities Related to and Im11 plementing the Title Transfer of Certain Facilities 

12 at the McGee Creek Project, Oklahoma’’. 

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

14 the McGee Creek Authority located in Oklahoma 

15 City, Oklahoma. 

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

17 the Secretary of the Interior. 

18 SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPE19 LINE AND ASSOCIATED FACILITIES. 

20 (a) AUTHORITY TO CONVEY.— 

21 (1) IN GENERAL.—In accordance with all appli22 cable laws and consistent with any terms and condi23 tions provided in the Agreement, the Secretary may 

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

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


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1 associated facilities described in the Agreement, in2 cluding— 

3 (A) the pumping plant; 

4 (B) the raw water pipeline from the McGee 

5 Creek pumping plant to the rate of flow control 

6 station at Lake Atoka; 

7 (C) the surge tank; 

8 (D) the regulating tank; 

9 (E) the McGee Creek operation and main10 tenance complex, maintenance shop, and pole 

11 barn; and 

12 (F) any other appurtenances, easements, 

13 and fee title land associated with the facilities 

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

15 accordance with the Agreement. 

16 (2) EXCLUSION OF MINERAL ESTATE FROM

17 CONVEYANCE.— 

18 (A) IN GENERAL.—The mineral estate 

19 shall be excluded from the conveyance of any 

20 land or facilities under paragraph (1). 

21 (B) MANAGEMENT.—Any mineral interests 

22 retained by the United States under this Act 

23 shall be managed— 

24 (i) consistent with Federal law; and 


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1 (ii) in a manner that would not inter2 fere with the purposes for which the 

3 McGee Creek Project was authorized. 

4 (3) COMPLIANCE WITH AGREEMENT; APPLICA5 BLE LAW.— 

6 (A) AGREEMENT.—All parties to the con7 veyance under paragraph (1) shall comply with 

8 the terms and conditions of the Agreement, to 

9 the extent consistent with this Act. 

10 (B) APPLICABLE LAW.—Before any con11 veyance under paragraph (1), the Secretary 

12 shall complete any actions required under— 

13 (i) the National Environmental Policy 

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

15 (ii) the Endangered Species Act of 

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

17 (iii) the National Historic Preserva18 tion Act (16 U.S.C. 470 et seq.); and 

19 (iv) any other applicable laws. 

20 (b) OPERATION OF TRANSFERRED FACILITIES.— 

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

22 land and facilities under subsection (a)(1), the Au23 thority shall comply with all applicable Federal, 

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

25 operation of any transferred facilities. 


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1 (2) OPERATION AND MAINTENANCE COSTS.— 

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

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

4 and consistent with the Agreement, the Author5 ity shall be responsible for all duties and costs 

6 associated with the operation, replacement, 

7 maintenance, enhancement, and betterment of 

8 the transferred land and facilities. 

9 (B) LIMITATION ON FUNDING.—The Au10 thority shall not be eligible to receive any Fed11 eral funding to assist in the operation, replace12 ment, maintenance, enhancement, and better13 ment of the transferred land and facilities, ex14 cept for funding that would be available to any 

15 comparable entity that is not subject to rec16 lamation laws. 

17 (c) RELEASE FROM LIABILITY.— 

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

19 date of the conveyance of the land and facilities 

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

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

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

23 facilities conveyed, except for damages caused by 

24 acts of negligence committed by the United States 


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1 (including any employee or agent of the United 

2 States) before the date of the conveyance. 

3 (2) NO ADDITIONAL LIABILITY.—Nothing in 

4 this subsection adds to any liability that the United 

5 States may have under chapter 171 of title 28, 

6 United States Code. 

7 (d) CONTRACTUAL OBLIGATIONS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), any rights and obligations under the con10 tract numbered 0–07–50–X0822 and dated October 

11 11, 1979, between the Authority and the United 

12 States for the construction, operation, and mainte13 nance of the McGee Creek Project, shall remain in 

14 full force and effect. 

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

16 Authority, the Secretary may amend the contract de17 scribed in paragraph (1) to reflect the conveyance of 

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

19 (e) APPLICABILITY OF THE RECLAMATION LAWS.— 

20 Notwithstanding the conveyance of the land and facilities 

21 under subsection (a)(1), the reclamation laws shall conVerDate Aug 31 2005 23:18 Dec 07, 2007 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2085.RFS H2085

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1 tinue to apply to any project water provided to the Author2 ity. 

Passed the House of Representatives December 6, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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