89–010 

Calendar No. 681 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–395 

RECLAMATION TITLE TRANSFER ACT OF 2018 

NOVEMBER 28, 2018.——Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2560] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2560) to authorize the Secretary of the Interior 

to establish a program to facilitate the transfer to non-Federal 

ownership of appropriate reclamation projects or facilities, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment in the nature of a substitute and recommends that the bill, as amended, do pass. 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Reclamation Title Transfer Act of 2018’’. 

SEC. 2. PURPOSE. 

The purpose of this Act is to facilitate the transfer of title to Reclamation project 

facilities to qualifying entities on the completion of repayment of capital costs. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) CONVEYED PROPERTY.—The term ‘‘conveyed property’’ means an eligible facility that has been conveyed to a qualifying entity under section 4. 

(2) ELIGIBLE FACILITY.—The term ‘‘eligible facility’’ means a facility that 

meets the criteria for potential transfer established under section 5(a). 

(3) FACILITY.— 

(A) IN GENERAL.—The term ‘‘facility’’ includes a dam or appurtenant 

works, canal, lateral, ditch, gate, control structure, pumping station, other 

infrastructure, recreational facility, building, distribution and drainage 

works, and associated land or interest in land or water. 

2 

(B) EXCLUSIONS.—The term ‘‘facility’’ does not include a Reclamation 

project facility, or a portion of a Reclamation project facility— 

(i) that is a reserved works as of the date of enactment of this Act; 

(ii) that generates hydropower marketed by a Federal power marketing administration; or 

(iii) that is managed for recreation under a lease, permit, license, or 

other management agreement that does contribute to capital repayment. 

(4) PROJECT USE POWER.—The term ‘‘project use power’’ means the electrical 

capacity, energy, and associated ancillary service components required to provide the minimum electrical service needed to operate or maintain Reclamation 

project facilities in accordance with the authorization for the Reclamation 

project. 

(5) QUALIFYING ENTITY.—The term ‘‘qualifying entity’’ means an agency of a 

State or political subdivision of a State, a joint action or powers agency, a water 

users association, or an Indian Tribe or Tribal utility authority that— 

(A) as of the date of conveyance under this Act, is the current operator 

of the eligible facility pursuant to a contract with Reclamation; and 

(B) as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has 

been managed under the reclamation laws. 

(6) RECLAMATION.—The term ‘‘Reclamation’’ means the Bureau of Reclamation. 

(7) RECLAMATION PROJECT.—The term ‘‘Reclamation project’’ means— 

(A) any reclamation or irrigation project, including incidental features of 

the project— 

(i) that is authorized by the reclamation laws; 

(ii) that is constructed by the United States pursuant to the reclamation laws; or 

(iii) in connection with which there is a repayment or water service 

contract executed by the United States pursuant to the reclamation 

laws; or 

(B) any project constructed by the Secretary for the reclamation of land. 

(8) RESERVED WORKS.—The term ‘‘reserved works’’ means any building, structure, facility, or equipment— 

(A) that is owned by the Bureau; and 

(B) for which operations and maintenance are performed, regardless of 

the source of funding— 

(i) by an employee of the Bureau; or 

(ii) through a contract entered into by the Commissioner. 

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, 

acting through the Commissioner of Reclamation. 

SEC. 4. AUTHORIZATION OF TRANSFERS OF TITLE TO ELIGIBLE FACILITIES. 

(a) AUTHORIZATION.— 

(1) IN GENERAL.—Subject to the requirements of this Act, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United 

States in and to any eligible facility, if— 

(A) not later than 90 days before the date on which the Secretary makes 

the conveyance, the Secretary submits to Congress— 

(i) a written notice of the proposed conveyance; and 

(ii) a description of the reasons for the conveyance; and 

(B) a joint resolution disapproving the conveyance is not enacted before 

the date on which the Secretary makes the conveyance. 

(2) CONSULTATION.—A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in 

consultation with any existing water and power customers affected by the conveyance of the eligible facility. 

(b) RESERVATION OF EASEMENT.—The Secretary may reserve an easement over a 

conveyed property if— 

(1) the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this Act; 

(2) the Reclamation project or a portion of the Reclamation project remains 

under Federal ownership; and 

(3) the Secretary enters into an agreement regarding the easement with the 

applicable qualifying entity. 

(c) INTERESTS IN WATER.—If a Federal interest in water rights and uses relating 

to a conveyed property is to be conveyed under this section with the conveyed propVerDate Sep 11 2014 03:04 Dec 06, 2018 Jkt 089010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\SR395.XXX SR395
3 

erty, the Federal interest in water rights and uses shall be quantified and conveyed 

by an independent written agreement, subject to applicable public participation requirements. 

SEC. 5. ELIGIBILITY CRITERIA. 

(a) ESTABLISHMENT.—The Secretary shall establish criteria for determining 

whether a facility is eligible for conveyance under this Act. 

(b) MINIMUM REQUIREMENTS.— 

(1) AGREEMENT OF QUALIFYING ENTITY.—The criteria established under subsection (a) shall include a requirement that a qualifying entity shall agree— 

(A) to accept title to the eligible facility; 

(B) to use the eligible facility for substantially the same purposes for 

which the eligible facility is being used at the time the Secretary evaluates 

the potential transfer; and 

(C) to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by the first section of the Act of 

June 17, 1902 (32 Stat. 388, chapter 1093), in an amount that is the equivalent of the net present value of any repayment obligation to the United 

States or other income stream that the United States derives from the eligible facility to be transferred, as of the date of the transfer. 

(2) DETERMINATIONS OF SECRETARY.—The criteria established under subsection (a) shall include a requirement that the Secretary shall— 

(A) be able to enter into an agreement with the qualifying entity with respect to the legal, institutional, and financial arrangements relating to the 

conveyance; 

(B) determine that the proposed transfer— 

(i) would not have an unmitigated significant effect on the environment; 

(ii) is consistent with the responsibilities of the Secretary— 

(I) in the role as trustee for Federally recognized Indian Tribes; 

and 

(II) to ensure compliance with any applicable international and 

Tribal treaties and agreements and interstate compacts and agreements; 

(iii) is in the financial interest of the United States; 

(iv) protects the public aspects of the eligible facility, including water 

rights managed for public purposes, such as flood control or fish and 

wildlife; 

(v) complies with all applicable Federal and State law; and 

(vi) will not result in an adverse impact on fulfillment of existing 

water delivery obligations consistent with historical operations and applicable contracts; and 

(C) if the eligible facility proposed to be transferred is a dam or diversion 

works diverting water from a water body containing a species listed as a 

threatened species or an endangered species or critical habitat under the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), determine that— 

(i)(I) the eligible facility would remain subject to consultation requirements under section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)); 

(II) on completion of a biological assessment under section 402.12 

of title 50, Code of Federal Regulations (or successor regulations), 

or an informal consultation under section 402.13 of title 50, Code 

of Federal Regulations (or successor regulations), the Commissioner of Reclamation and the Director of the United States Fish 

and Wildlife Service or the Director of the National Marine Fisheries Service, as applicable, have concurred in writing, consistent 

with section 402.14(b)(1) of title 50, Code of Federal Regulations (or 

successor regulations), that no action associated with the eligible 

facility is likely to adversely affect any species listed as a threatened species or an endangered species or critical habitat under that 

Act (16 U.S.C. 1531 et seq.); or 

(III) the qualifying entity completed a habitat conservation plan 

pursuant to section 10 of that Act (16 U.S.C. 1539) prior to the 

transfer; and 

(ii) the eligible facility is not located in the State of California. 

(3) STATUS OF RECLAMATION LAND.—The criteria established under subsection 

(a) shall require that any land to be conveyed out of Federal ownership under 

this Act is— 

(A) land acquired by the Secretary; or 

(B) land withdrawn by the Secretary, only if— 

4 

(i) the Secretary determines in writing that the withdrawn land is 

encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and 

(ii) the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed. 

(c) HOLD HARMLESS.—No conveyance under this Act shall adversely impact applicable Federal power rates, repayment obligations, or other project power uses. 

SEC. 6. LIABILITY. 

(a) IN GENERAL.—Effective on the date of conveyance of any eligible facility under 

this Act, the United States shall not be held liable by any court for damages of any 

kind arising out of any act, omission, or occurrence relating to the eligible facility, 

other than damages caused by acts of negligence committed by the United States 

or by agents or employees of the United States prior to the date of the conveyance. 

(b) EFFECT.—Nothing in this section increases the liability of the United States 

beyond that currently provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’). 

SEC. 7. BENEFITS. 

After a conveyance of an eligible facility under this Act— 

(1) the conveyed property shall no longer be considered to be part of a Reclamation project; 

(2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and 

(3) the qualifying entity to which the conveyed property is conveyed may be 

eligible to receive project use power if— 

(A) the Secretary determines that the qualifying entity has historically 

been responsible for a proportionate share of the operation and maintenance expenses for Federal facilities that generate and transmit, if applicable, power used for the delivery of Reclamation project water; and 

(B) the Secretary and the qualifying entity enter into an agreement under 

which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the 

Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates. 

SEC. 8. COMPLIANCE WITH OTHER LAWS. 

(a) IN GENERAL.—Before conveying an eligible facility under this Act, the Secretary shall comply with all applicable Federal environmental laws, including— 

(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and 

(3) subtitle III of title 54, United States Code. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that any Federal permitting 

and review processes required with respect to a conveyance of an eligible facility 

under this Act should be completed with the maximum efficiency and effectiveness. 

SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to carry out this Act 

such sums as are necessary. 

(b) USE OF AMOUNTS.—Amounts made available under subsection (a) may be 

used— 

(1) to carry out any investigations appropriate to carry out this Act; and 

(2) to pay any other costs associated with conveyances under this Act, including an appropriate Federal share, as determined by the Secretary, of the costs 

of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) and any other applicable law. 

(c) NOT TREATED AS PROJECT COSTS.—Expenditures made by the Secretary under 

this Act— 

(1) shall not be a project cost assignable to a Reclamation project; and 

(2) shall be nonreimbursable. 

(d) EFFECT.—Nothing in this section affects the authority of the Secretary to recover non-Federal costs associated with conveyances under this Act. 

5 

PURPOSE

The purpose of S. 2560 is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion 

of repayment capital costs. 

BACKGROUND AND NEED

The Bureau of Reclamation (Bureau or BOR) owns 480 dams and 

dikes and nearly 40,000 miles of water conveyance facilities, along 

with various buildings, lands and other facilities. Over two-thirds 

of these assets are maintained and operated by non-Federal entities, such as water or irrigation districts. These facilities, which are 

known as ‘‘transferred works,’’ are managed under contracts with 

BOR while title to the property remains with the Federal Government. The remaining one-third are facilities that are both owned 

and operated by the Bureau. These facilities, known as ‘‘reserved 

works,’’ are often the larger, multi-beneficiary facilities where operations are inherently Federal and transfers of ownership has not 

been considered. 

Under Reclamation law, water and power beneficiaries of a BOR 

project repay the Federal Government for both the upfront Federal 

capital investment and annual operations and maintenance (O&M) 

costs. Interest is also charged on capital for certain classes of water 

and power users. Upon repayment of a project, contractors often 

seek title to the project because it provides greater operational 

flexibility, increased autonomy, decreased O&M costs, and better 

access to debt financing. However, while Reclamation law provides 

authority for the Bureau to transfer O&M responsibilities, physical 

ownership, or title to a project can only be transferred through an 

act of Congress. 

In 1995, BOR developed a Framework for the Transfer of Title 

(revised in 2004) (Framework) to help guide parties through the 

process of securing ownership of ‘‘uncomplicated’’ projects. These 

‘‘uncomplicated’’ projects are typically viewed as those where agreement among the Bureau, the operating entity, and other local 

stakeholders can be reached. One impediment to transferring more 

single purpose or easily separable facilities is the time, cost, and 

uncertainty of securing Congressional approval. 

S. 2560 authorizes BOR facilities within the scope of the existing 

Framework and that meet specific eligibility criteria to be conveyed 

through administrative process without further action by Congress. 

More complicated systems or facilities with non-standard components or operational requirements may be good candidates for title 

transfer and remain able to pursue conveyance with the Bureau 

through its Framework, but will continue to require Congressional 

approval. 

LEGISLATIVE HISTORY

Senator Risch introduced S. 2560 on March 15, 2018. The Committee on Energy and Natural Resources held a hearing on the bill 

on March 22, 2018. 

The Committee on Energy and Natural Resources met in open 

business session on October 2, 2018, and ordered S. 2560 favorably 

reported, as amended. 

6 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on October 2, 2018, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 2560, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 2560, the Committee adopted an 

amendment in the nature of a substitute. The substitute amendment modified key definitions; added criteria to the minimum eligibility requirements; revised language regarding the scope of analysis required to transfer ownership; and included an exception to 

allow some conveyed facilities to continue receiving project use 

power. The substitute amendment also included technical and perfecting changes and is further described in the section-by-section 

analysis. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title 

Section 1 sets forth the short title. 

Sec. 2. Purpose 

Section 2 states the bill’s purpose. 

Sec. 3. Definitions 

Section 3 defines key terms. 

Sec. 4. Authorization of transfers of title to eligible facilities 

Subsection (a) authorizes the Secretary of the Interior (Secretary) 

to transfer title to eligible facilities upon application by a qualifying 

entity if, within 90 days prior to the conveyance, the Secretary submits a written notice of the proposed conveyance to Congress, including the reasons for such conveyance. Congress may disapprove 

the transfer through a joint resolution within the 90-day time period. This subsection further requires that any conveyance be made 

by a written agreement between the Secretary and the qualifying 

entity, in consultation with any existing water and power customers affected by the conveyance. 

Subsection (b) authorizes the Secretary to reserve an easement 

over conveyed property if certain conditions are met. 

Subsection (c) specifies that if the Secretary conveys the Federal 

interest in water rights and uses along with an eligible facility, 

such conveyance must be done explicitly and by written agreement. 

Sec. 5. Eligibility criteria 

Subsection (a) directs the Secretary to establish eligibility criteria for facility conveyance. 

Subsection (b)(1) sets forth minimum requirements for the Secretary to include in establishing eligibility criteria under subsection 

(a). Pursuant to these minimum requirements, the qualifying entity 

must agree to accept title to the eligible facility; use the eligible facility for substantially the same purpose as at the time of transfer; 

and provide payment equal to the net present value of any outVerDate Sep 11 2014 03:04 Dec 06, 2018 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR395.XXX SR395
7 

standing capital repayment obligation or other revenue stream to 

the Reclamation Fund. 

Subsection (b)(2)(A) and (B) requires the Secretary to make 

project specific determinations in establishing eligibility criteria 

under subsection (a). The Secretary must be able to enter into an 

agreement with the qualifying entity regarding conveyance-related 

legal, institutional, and financial arrangements. The Secretary is 

further required to determine that the proposed transfer would not 

result in an unmitigated significant environmental impact; is consistent with Indian Tribe and related responsibilities, including 

international treaties and interstate compacts. The Secretary must 

also determine that a proposed transfer is in the financial interest 

of the United States; protects public aspects of the facility, including water rights for flood control or fish and wildlife; complies with 

applicable State and Federal law; and will not adversely impact existing water delivery obligations. 

Subsection (b)(2)(C) requires the Secretary to make additional 

determinations specific to the proposed transfer of a dam or diversion works diverting water from a water body containing a threatened or endangered species listed under the Endangered Species 

Act (ESA, 16 U.S.C. 1531 et seq.), to be eligible for title transfer 

under this Act. Dams and diversion works generally include onstream diversion or storage dams, in-stream weirs, or pumping 

plants. Facilities connected to such works that do not contain listed 

species would still be eligible for transfer. For this subset of eligible 

facilities, the Secretary must determine that (I) the eligible facility 

will remain subject to ESA’s section 7 consultation requirements; 

(II) the BOR Commissioner and the Director of the U.S. Fish and 

Wildlife Service or the Director of the National Marine Fisheries 

Service have concurred in writing that actions associated with the 

eligible facility are not likely to affect any listed species or critical 

habitat under the ESA; or (III) the qualifying entity completed a 

habitat conservation plan under section 10 of the ESA prior to conveyance. In addition, this subsection makes clear that this subset 

of facilities located in the State of California do not qualify for consideration as eligible facilities. 

Subsection (b)(3) directs the Secretary, in established eligibility 

criteria under subsection (a) to require that any conveyance of Federal land must be land acquired by the Secretary, or withdrawn 

land determined by the Secretary in writing to be unsuitable for return to the public domain and for which the qualifying entity 

agrees to pay fair market value. 

Subsection (c) prohibits a conveyances under this Act if it would 

have an adverse impact on Federal power rates, repayment obligations, or other project power uses. 

Sec. 6. Liability 

Section 6 states that the United States shall only be liable for 

acts of negligence related to the eligible facility committed prior to 

the date of the conveyance and shall not be liable for any damages 

after the conveyance. This section further specifies that any liability of the United States shall be in accordance with the Federal 

Tort Claims Act. 

8 

Sec. 7. Benefits 

Section 7 specifies that after the conveyance of an eligible facility, the conveyed property is no longer considered a Reclamation 

project and is not eligible for any benefits, including project use 

power. This section further authorizes the Secretary to make an exception and allow the conveyed property to receive project use 

power if the Secretary determines the qualifying entity meets certain criteria related to historic payments of operation and maintenance expenses of a Federal facility’s power generation and transmission costs and the Secretary and the qualifying entity enter into 

an agreement for the qualifying entity to continue to be responsible 

for an equitable proportion of operation, maintenance and capital 

costs associated with generation and delivery of power used for 

BOR project water delivery. 

Sec. 8. Compliance with other laws 

Section 8 requires the Secretary to comply with all applicable 

Federal environmental laws before conveying an eligible facility, 

and states the sense of the Congress that any permitting and review process be completed with the maximum efficiency and effectiveness. 

Sec. 9. Authorization of appropriations 

Section 9 authorizes appropriations in such sums as are necessary to carry out the Act. This section also specifies that appropriated funds may be used to carry out investigations and to pay 

any other conveyance-related costs but that expenditures made by 

the Secretary are not assignable Reclamation project costs and are 

not reimbursable. This section further states that the Secretary 

may continue to recover non-Federal costs associated with conveyances. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

S. 2560 would authorize the Bureau of Reclamation (BOR) to 

convey the title to federal water infrastructure facilities to nonfederal entities if the entity has assumed responsibility from BOR 

for operating the facility before enactment of the bill and if certain 

criteria are met. Using information from BOR, CBO estimates that 

implementing S. 2560 would cost about $1 million over the 2019– 

2023 period for staff to establish criteria for conveying a title under 

the bill and to carry out the work for completing title transfers, including negotiating agreements and coordinating National Environmental Policy Act reviews and surveys. Such spending would be 

subject to the availability of appropriated funds. 

Enacting S. 2560 also would affect direct spending because nonfederal entities seeking title to a facility would pay BOR for a portion of the costs to carry out the title transfer. CBO estimates that 

the net effect on direct spending would be insignificant because 

BOR would spend any amounts collected to perform the work. Because enacting the bill would affect direct spending, pay-as-you-go 

procedures apply. Enacting the bill would not affect revenues. 

9 

Over the past two decades, titles to 30 facilities were conveyed 

from BOR to nonfederal entities. In each of those cases, after BOR 

and the nonfederal entity negotiated the required agreements and 

completed the reviews and surveys, the Congress enacted legislation to convey each title to the nonfederal entity because under current law the title transfer cannot occur without an act of the Congress. 

S. 2560 would authorize BOR to transfer titles administratively 

in certain cases. BOR would notify the Congress of the proposed 

conveyance and the rationale for the conveyance. Unless the Congress passed a joint resolution disapproving the conveyance within 

90 days of the notification, the transfer would proceed. 

CBO expects that removing the need for Congressional action to 

transfer the title of BOR facilities would increase the number of 

nonfederal entities seeking title transfers. Across the 17 western 

states where BOR operates, hundreds of nonfederal entities and associated facilities could be eligible for title transfer under the bill. 

Currently, about 15 nonfederal entities are pursing title transfers. 

CBO expects that under the bill another 15 entities would seek 

title transfer in the year after enactment, as well as a few more 

each year thereafter. 

Using information from BOR, CBO estimates that BOR would 

need about five additional employees to implement the bill—one 

employee for each of BOR’s five regions—which would roughly double the number of employees working on title transfers. At an average annual cost of $90,000 per employee, those additional costs 

would total $2 million in the first five years after enactment. However, CBO estimates that because about half of those costs would 

be covered by payments from participating nonfederal entities, implementing the legislation would cost the federal government about 

$1 million over the 2018–2023 period. 

CBO estimates that enacting the bill would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

S. 2560 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On August 29, 2017, CBO transmitted a cost estimate for H.R. 

3281, the Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act, as ordered reported by the House Committee on Natural Resources on July 26, 2017. The two pieces of 

legislation are similar, and CBO’s estimates of their budgetary effects are the same. 

The CBO staff contact for this estimate is Aurora Swanson. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 2560. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

10 

Little, if any, additional paperwork would result from the enactment of S. 2560, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2560, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

March 22, 2018, hearing on S. 2560 follows: 

STATEMENT OF TIMOTHY PETTY, ASSISTANT SECRETARY FOR

WATER AND SCIENCE, U.S. DEPARTMENT OF THE INTERIOR

The Department supports the provisions of this bill and 

appreciates the Committee for working so closely with us 

in drafting its provisions. 

Secretary of the Interior Ryan Zinke, and the Department generally, have long endorsed a legislative remedy to 

allow local water managers to make their own decisions to 

improve water management at the local level while allowing Reclamation to focus management efforts on projects 

with a greater Federal nexus. 

S. 2560 would authorize the Secretary of the Interior to 

convey all right, title, and interest in any facility that is 

determined to be eligible based upon specific criteria. 

Currently, Reclamation law requires that title to Reclamation projects, lands, and facilities remain with the 

United States until title transfer is specifically authorized 

by Congress. Even for simple transfers, this can be a timeconsuming and costly process. Reclamation’s legislative 

proposal aims to streamline the title transfer process for 

those ‘‘non-complicated’’ transfers, creating incentives for 

non-Federal entities to closely engage with the Secretary 

through Reclamation to complete the process, and allowing 

appropriate transfers to take place without legislation. It 

is our understanding that the focus of Section 203 is to facilitate the transfer of uncomplicated projects and facilities. This process will ensure that the transfer protects: 

the authorized purposes for which the projects were developed, the contractors and other stakeholders who enjoy 

benefits from these facilities, the public, the contractors 

and other stakeholders who enjoy benefits from these facilities, the public and tribal entities, the environmental 

resources that may be impacted by the project facilities, 

and the Federal financial investment. 

While we have some technical recommendations for the 

Committee to consider, the Department strongly supports 

S. 2560. 

11 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill as ordered reported. 

Æ