II 

113TH CONGRESS 

2D SESSION S. 2034 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2014 

Mr. SCHATZ introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

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. 

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 ‘‘Reclamation Title 

5 Transfer Act of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CONVEYED PROPERTY.—The term ‘‘con2 veyed property’’ means an eligible facility that has 

3 been conveyed to a qualifying entity under section 

4 3(b)(1). 

5 (2) ELIGIBLE FACILITY.— 

6 (A) IN GENERAL.—The term ‘‘eligible fa7 cility’’ means a reclamation project or facility, 

8 or a portion of a reclamation project or facility, 

9 for which the United States holds title and that 

10 meets the criteria for potential transfer estab11 lished under section 5(a). 

12 (B) INCLUSIONS.—The term ‘‘eligible facil13 ity’’ includes dams and appurtenant works, in14 frastructure, recreational facilities, buildings, 

15 distribution and drainage works, and associated 

16 land or interests in land or water. 

17 (3) QUALIFYING ENTITY.—The term ‘‘quali18 fying entity’’ means a State, unit of local govern19 ment, Indian tribe, municipal corporation, quasi-mu20 nicipal corporation, or other entity (such as a water 

21 district) that, as determined by the Secretary, has 

22 the capacity to continue to manage the conveyed 

23 property for the same purposes that the conveyed 

24 property has been managed for under the reclama25 tion laws. 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the 

3 Commissioner of the Bureau of Reclamation. 

4 SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. 

5 (a) ESTABLISHMENT OF TITLE TRANSFER PRO6 GRAM.—The Secretary may establish a program that— 

7 (1) identifies and analyzes the potential for 

8 public benefits from the transfer out of Federal own9 ership of eligible facilities, including analyses of the 

10 financial, operational, and environmental character11 istics of the eligible facilities proposed for transfer; 

12 and 

13 (2) facilitates the transfer to qualifying entities 

14 of the title to eligible facilities to promote more effi15 cient management of water and water-related facili16 ties. 

17 (b) AUTHORIZATION TO TRANSFER TITLE TO ELIGI18 BLE FACILITIES.— 

19 (1) IN GENERAL.—The Secretary, without fur20 ther authorization from Congress, may convey to a 

21 qualifying entity all right, title, and interest of the 

22 United States in and to any eligible facility, subject 

23 to paragraphs (2) through (6). 

24 (2) RIGHT OF FIRST REFUSAL.—If the entity 

25 that operates an eligible facility at the time that the 


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1 Secretary attempts to facilitate the transfer of title 

2 under subsection (a)(2) is a qualifying entity, that 

3 entity shall have the right of first refusal to receive 

4 the conveyance under paragraph (1). 

5 (3) RESERVATION OF EASEMENT.—The Sec6 retary may reserve an easement over a conveyed 

7 property if the Secretary determines that the ease8 ment is necessary for the management of any inter9 ests retained by the Federal Government under this 

10 Act. 

11 (4) MINERAL INTERESTS.— 

12 (A) RETENTION.—The Secretary shall re13 tain any mineral interests associated with a 

14 conveyed property. 

15 (B) MANAGEMENT.—The mineral interests 

16 retained under subparagraph (A) shall be man17 aged— 

18 (i) consistent with Federal law; and 

19 (ii) in a manner that would not inter20 fere with the purposes for which the rec21 lamation project was authorized. 

22 (5) INTERESTS IN WATER.—No interests in 

23 water shall be conveyed under this Act unless the 

24 conveyance is provided for in writing in an agreeVerDate Mar 15 2010 23:55 Feb 24, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2034.IS S2034

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1 ment between the Secretary and the qualifying enti2 ty. 

3 (6) ADDITIONAL CRITERIA.—Title transfers 

4 under this section shall be carried out consistent 

5 with— 

6 (A) this Act; and 

7 (B) any additional criteria or procedures 

8 that the Secretary determines to be in the pub9 lic interest. 

10 (c) RESTRICTIONS ON USE.—As a condition of ob11 taining title to an eligible facility, the qualifying entity 

12 shall agree to use the eligible facility for substantially the 

13 same purposes the eligible facility is being used for during 

14 the period in which the eligible facility was under reclama15 tion ownership. 

16 SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HIS17 TORIC PRESERVATION LAWS. 

18 Before conveying eligible facilities under this Act, the 

19 Secretary shall complete all actions required under all ap20 plicable laws, including— 

21 (1) the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.); 

23 (2) the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.); and 


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1 (3) the National Historic Preservation Act (16 

2 U.S.C. 470 et seq.). 

3 SEC. 5. ELIGIBILITY CRITERIA. 

4 (a) ESTABLISHMENT.—The Secretary shall establish 

5 criteria for determining whether facilities are eligible for 

6 conveyance under this Act. 

7 (b) MINIMUM REQUIREMENTS.— 

8 (1) AGREEMENT OF QUALIFYING ENTITY.—The 

9 criteria established under subsection (a) shall in10 clude a requirement that a qualifying entity agree— 

11 (A) to accept title to the eligible facility; 

12 (B) to accept all liability for the eligible fa13 cility, except as otherwise provided in section 6; 

14 (C) to use the eligible facility for substan15 tially the same purposes the eligible facility is 

16 being used for at the time the Secretary evalu17 ates the potential transfer; and 

18 (D) to provide, as consideration for the as19 sets to be conveyed, compensation to the United 

20 States in an amount that is the equivalent of 

21 the net present value of any repayment obliga22 tion to the United States or other income 

23 stream the United States derives from the eligi24 ble facility to be transferred as of the date of 

25 the transfer. 


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1 (2) DETERMINATIONS OF SECRETARY.— 

2 (A) IN GENERAL.—The criteria established 

3 under subsection (a) shall include a require4 ment that the Secretary, in consultation with 

5 the Governor of any State in which the project 

6 is located, determine that the proposed trans7 fer— 

8 (i) would not have an unmitigated sig9 nificant effect on the environment; 

10 (ii) is uncomplicated, based on, as de11 termined by the Secretary— 

12 (I) there being no significant op13 position to the proposed transfer; 

14 (II) the eligible facility not being 

15 hydrologically integrated with other 

16 Federal or non-Federal water proj17 ects; 

18 (III) the eligible facility not gen19 erating significant quantities of elec20 tric power sold to, or eligible to be 

21 sold to, power customers (other than 

22 the project itself); and 

23 (IV) the parties to the transfer 

24 being able to reach agreement on 

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1 rangements relating to the convey2 ance; 

3 (iii) is consistent with the responsi4 bility of the Secretary— 

5 (I) to protect land and water re6 sources held in trust for federally rec7 ognized Indian tribes; and 

8 (II) to ensure compliance with 

9 any applicable international treaties 

10 and interstate compacts; and 

11 (iv) is in the financial interest of the 

12 United States. 

13 (B) PUBLICATION.—The Secretary shall 

14 make publically available information on how 

15 the Secretary made the determinations under 

16 subparagraph (A). 

17 (3) STATUS OF RECLAMATION LAND.—The cri18 teria established under subsection (a) shall require 

19 that any land to be conveyed out of Federal owner20 ship under this Act is— 

21 (A) land acquired by the Secretary; or 

22 (B) land withdrawn by the Secretary, only 

23 if— 

24 (i) the Secretary determines in writing 

25 that the withdrawn land is encumbered by 


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1 reclamation project facilities to the extent 

2 that the withdrawn land is unsuitable for 

3 return to the public domain; and 

4 (ii) the qualifying entity agrees to pay 

5 fair market value for the withdrawn land 

6 to be conveyed. 

7 SEC. 6. LIABILITY. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), effective beginning on the date of conveyance of any 

10 eligible facility under this Act, the United States shall not 

11 be liable under any law for damages of any kind arising 

12 out of any act, omission, or occurrence based on the prior 

13 ownership or operation of the conveyed property. 

14 (b) LIMITATION.—Notwithstanding subsection (a), 

15 the United States shall retain the responsibilities and au16 thorities of the United States for a conveyed property 

17 based on the prior ownership or operation of the conveyed 

18 property by the United States under Federal environ19 mental laws, including the Comprehensive Environmental 

20 Response, Compensation, and Liability Act of 1980 (42 

21 U.S.C. 9601 et seq.). 

22 SEC. 7. BENEFITS. 

23 After a conveyance of an eligible facility under this 

24 Act— 


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1 (1) the conveyed property shall no longer be 

2 considered to be a part of a reclamation project; and 

3 (2) the entity to which the conveyed property is 

4 conveyed shall not be eligible to receive any benefits 

5 with respect to the conveyed property (including 

6 project power), except for benefits that would be 

7 available to a similarly situated entity with respect 

8 to property that is not part of a reclamation project. 

9 SEC. 8. COMPLIANCE WITH OTHER LAWS. 

10 (a) IN GENERAL.—After a conveyance of title under 

11 this Act, the qualifying entity to which the property is con12 veyed shall comply with all applicable Federal, State, and 

13 local laws (including regulations) in the operation of the 

14 conveyed property. 

15 (b) EFFECT.— 

16 (1) IN GENERAL.—Nothing in this Act shall af17 fect or interfere with— 

18 (A) the laws of any State relating to the 

19 control, appropriation, use, or distribution of 

20 water used in irrigation or for any other pur21 pose; 

22 (B) any vested right acquired under State 

23 law; or 

24 (C) any interstate compact, decree, or ne25 gotiated water rights agreement. 


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1 (2) CONFORMITY WITH STATE LAW.—In car2 rying out this Act, the Secretary shall proceed in 

3 conformity with the State laws and rights acquired 

4 under State law described in paragraph (1). 

5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated to carry out this Act such sums as are necessary. 

8 (b) USE OF AMOUNTS.—Amounts made available 

9 under subsection (a) may be used— 

10 (1) to carry out the investigations to carry out 

11 this Act; and 

12 (2) to pay any other costs associated with con13 veyances under this Act, including an appropriate 

14 Federal share of the costs of compliance with the 

15 National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.) and other applicable law. 

17 (c) NOT TREATED AS PROJECT COSTS.—Expendi18 tures made by the Secretary under this Act— 

19 (1) shall not be a project cost assignable to a 

20 reclamation project; and 

21 (2) shall be nonreimbursable. 


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1 SEC. 10. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to carry out convey3 ances under this Act shall terminate 15 years after the 

4 date of enactment of this Act. 

Æ 


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