II 

Calendar No. 681 

115TH CONGRESS 

2D SESSION S. 2560 

[Report No. 115–395] 

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 

MARCH 15, 2018 

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

to the Committee on Energy and Natural Resources 

NOVEMBER 28, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reclamation Title 

3 Transfer Act of 2018’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to facilitate the transfer 

6 of title to eligible facilities to qualifying entities that have 

7 completed the repayment of the capital costs of the eligible 

8 facilities through capital repayment contracts with Rec9 lamation. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) CONVEYED PROPERTY.—The term ‘‘con13 veyed property’’ means an eligible facility that has 

14 been conveyed to a qualifying entity under section 4. 

15 (2) ELIGIBLE FACILITY.—The term ‘‘eligible fa16 cility’’ means a facility that meets the criteria for 

17 potential transfer established under section 5(a). 

18 (3) FACILITY.— 

19 (A) IN GENERAL.—The term ‘‘facility’’ 

20 means— 

21 (i) a Reclamation project or facility; 

22 or 

23 (ii) a portion of a Reclamation project 

24 or facility. 

25 (B) INCLUSIONS.—The term ‘‘facility’’ in26 cludes a dam or appurtenant works, infrastrucVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2560.RS S2560

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1 ture, a recreational facility, a building, a dis2 tribution and drainage works, and associated 

3 land or interest in land or water. 

4 (C) EXCLUSIONS.—The term ‘‘facility’’ 

5 does not include a Reclamation project or facil6 ity, or a portion of a Reclamation project or fa7 cility, that— 

8 (i) generates hydropower marketed by 

9 a Federal power marketing administration; 

10 or 

11 (ii) is managed for recreation under a 

12 lease, permit, license, or other management 

13 agreement that does contribute to capital 

14 repayment. 

15 (4) QUALIFYING ENTITY.—The term ‘‘quali16 fying entity’’ means an agency of a State or political 

17 subdivision of a State, a joint action or powers agen18 cy, a water users association, or an Indian Tribe or 

19 Tribal utility authority that— 

20 (A) as of the date of conveyance under this 

21 Act, is the current operator of the conveyed fa22 cility pursuant to a contract with Reclamation; 

23 and 

24 (B) as determined by the Secretary, has 

25 the capacity to continue to manage the conVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2560.RS S2560

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1 veyed property for the same purposes for which 

2 the property has been managed under the rec3 lamation laws. 

4 (5) RECLAMATION.—The term ‘‘Reclamation’’ 

5 means the Bureau of Reclamation. 

6 (6) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior, acting through the 

8 Commissioner of Reclamation. 

9 SEC. 4. AUTHORIZATION OF TRANSFERS OF TITLES TO ELI10 GIBLE FACILITIES. 

11 (a) IN GENERAL.—Subject to the requirements of 

12 this section, the Secretary, without further authorization 

13 from Congress, may convey to a qualifying entity all right, 

14 title, and interest of the United States in and to any eligi15 ble facility, if— 

16 (1) not later than 90 days before the date on 

17 which the Secretary makes the conveyance, the Sec18 retary submits to Congress— 

19 (A) a written notice of the proposed con20 veyance; and 

21 (B) a description of the reasons for the 

22 conveyance; and 

23 (2) a joint resolution disapproving the convey24 ance is not enacted before the date on which the 

25 Secretary makes the conveyance. 


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1 (b) RESERVATION OF EASEMENT.—The Secretary 

2 may reserve an easement over a conveyed property if— 

3 (1) the Secretary determines that the easement 

4 is necessary for the management of any interests re5 tained by the Federal Government under this Act; 

6 (2) a portion of the conveyed property remains 

7 under Federal ownership; and 

8 (3) the Secretary enters into an agreement re9 garding the easement with the applicable qualifying 

10 entity. 

11 (c) INTERESTS IN WATER.—The Federal interest in 

12 associated water rights and uses relating to a conveyed 

13 property, if any, shall be conveyed under this section in 

14 accordance with applicable State law pursuant to a written 

15 agreement between the Secretary and the applicable quali16 fying entity. 

17 SEC. 5. ELIGIBILITY CRITERIA. 

18 (a) ESTABLISHMENT.—The Secretary shall establish 

19 criteria for determining whether a facility is eligible for 

20 conveyance under this Act. 

21 (b) MINIMUM REQUIREMENTS.— 

22 (1) AGREEMENT OF QUALIFYING ENTITY.—The 

23 criteria established under subsection (a) shall in24 clude a requirement that a qualifying entity shall 

25 agree— 


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

2 (B) to use the eligible facility for substan3 tially the same purposes for which the eligible 

4 facility is being used at the time the Secretary 

5 evaluates the potential transfer; and 

6 (C) to provide, as consideration for the as7 sets to be conveyed, compensation to the rec8 lamation fund established by the first section of 

9 the Act of June 17, 1902 (32 Stat. 388, chap10 ter 1093), in an amount that is the equivalent 

11 of the net present value of any repayment obli12 gation to the United States or other income 

13 stream that the United States derives from the 

14 eligible facility to be transferred, as of the date 

15 of the transfer. 

16 (2) DETERMINATIONS OF SECRETARY.—The 

17 criteria established under subsection (a) shall in18 clude a requirement that the Secretary shall— 

19 (A) be able to enter into an agreement 

20 with the qualifying entity with respect to the 

21 legal, institutional, and financial arrangements 

22 relating to the conveyance; and 

23 (B) determine that the proposed trans24 fer— 


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1 (i) would not have an unmitigated sig2 nificant effect on the environment; 

3 (ii) is consistent with the responsibil4 ities 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 (iii) is in the financial interest of the 

12 United States. 

13 (3) STATUS OF RECLAMATION LAND.—The cri14 teria established under subsection (a) shall require 

15 that any land to be conveyed out of Federal owner16 ship under this Act is— 

17 (A) land acquired by the Secretary; or 

18 (B) land withdrawn by the Secretary, only 

19 if— 

20 (i) the Secretary determines in writing 

21 that the withdrawn land is encumbered by 

22 facilities to the extent that the withdrawn 

23 land is unsuitable for return to the public 

24 domain; and 


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1 (ii) the qualifying entity agrees to pay 

2 fair market value based on historical or ex3 isting uses for the withdrawn land to be 

4 conveyed. 

5 SEC. 6. LIABILITY. 

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

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

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

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

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

11 ownership or operation of the conveyed property. 

12 (b) LIMITATION.—The United States shall retain the 

13 responsibilities and authorities of the United States for 

14 a conveyed property based on the prior ownership or oper15 ation of the conveyed property by the United States under 

16 Federal environmental laws, including the Comprehensive 

17 Environmental Response, Compensation, and Liability Act 

18 of 1980 (42 U.S.C. 9601 et seq.). 

19 SEC. 7. BENEFITS. 

20 After a conveyance of an eligible facility under this 

21 Act— 

22 (1) the conveyed property shall no longer be 

23 considered to be part of a Reclamation project; and 

24 (2) if the transfer of an entire Reclamation 

25 project occurs pursuant to such a conveyance, the 


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1 qualifying entity to which the conveyed property is 

2 conveyed shall not be eligible to receive any benefits, 

3 including project power, with respect to the conveyed 

4 property, except for any benefit that would be avail5 able to a similarly situated entity with respect to 

6 property that is not a part of a Reclamation project. 

7 SEC. 8. COMPLIANCE WITH OTHER LAWS. 

8 (a) OPERATION OF CONVEYED PROPERTY.—After 

9 conveyance of an eligible facility under this Act, the quali10 fying entity to which the conveyed property is conveyed 

11 shall comply with all applicable Federal, State, and local 

12 laws (including regulations) in the operation of the con13 veyed property. 

14 (b) FEDERAL ENVIRONMENTAL LAWS APPLICABLE

15 TO TITLE TRANSFER.—For purposes of achieving compli16 ance with Federal environmental laws (including regula17 tions) applicable to a transfer of title under this Act, the 

18 Federal agency action shall be limited to the change in 

19 ownership status of an applicable eligible facility if the 

20 ability of the applicable qualifying entity to alter the exist21 ing uses or operations of the conveyed property after the 

22 conveyance is limited due to the fact that— 

23 (1) any modification to the purpose or location 

24 of applicable water use would require a modification 


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1 of a State-issued water right that requires action by 

2 the State in which the eligible facility is located; or 

3 (2) any modification to the purpose or oper4 ation of the eligible facility requires an action by a 

5 qualifying entity that is constrained by applicable re6 quirements that were established— 

7 (A) by an applicable State legislature, 

8 State regulatory agency, publicly elected board, 

9 appointed board, or other related entity; and 

10 (B) through a public process or other, 

11 similar procedure that constrains, or imposes 

12 public scrutiny or additional accountability on, 

13 the ability of the qualifying entity to carry out 

14 such a modification. 

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated to carry out this Act such sums as are necessary. 

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

19 under subsection (a) may be used— 

20 (1) to carry out any investigations appropriate 

21 to carry out this Act; and 

22 (2) to pay any other costs associated with con23 veyances under this Act, including an appropriate 

24 Federal share, as determined by the Secretary, of 

25 the costs of compliance with the National EnvironVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2560.RS S2560

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

2 and any other applicable law. 

3 (c) NOT TREATED AS PROJECT COSTS.—Expendi4 tures made by the Secretary under this Act— 

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

6 Reclamation project; and 

7 (2) shall be nonreimbursable. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Reclamation Title 

10 Transfer Act of 2018’’. 

11 SEC. 2. PURPOSE. 

12 The purpose of this Act is to facilitate the transfer of 

13 title to Reclamation project facilities to qualifying entities 

14 on the completion of repayment of capital costs. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) CONVEYED PROPERTY.—The term ‘‘conveyed 

18 property’’ means an eligible facility that has been 

19 conveyed to a qualifying entity under section 4. 

20 (2) ELIGIBLE FACILITY.—The term ‘‘eligible fa21 cility’’ means a facility that meets the criteria for po22 tential transfer established under section 5(a). 

23 (3) FACILITY.— 

24 (A) IN GENERAL.—The term ‘‘facility’’ in25 cludes a dam or appurtenant works, canal, latVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2560.RS S2560

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1 eral, ditch, gate, control structure, pumping sta2 tion, other infrastructure, recreational facility, 

3 building, distribution and drainage works, and 

4 associated land or interest in land or water. 

5 (B) EXCLUSIONS.—The term ‘‘facility’’ does 

6 not include a Reclamation project facility, or a 

7 portion of a Reclamation project facility— 

8 (i) that is a reserved works as of the 

9 date of enactment of this Act; 

10 (ii) that generates hydropower mar11 keted by a Federal power marketing admin12 istration; or 

13 (iii) that is managed for recreation 

14 under a lease, permit, license, or other man15 agement agreement that does contribute to 

16 capital repayment. 

17 (4) PROJECT USE POWER.—The term ‘‘project 

18 use power’’ means the electrical capacity, energy, and 

19 associated ancillary service components required to 

20 provide the minimum electrical service needed to op21 erate or maintain Reclamation project facilities in 

22 accordance with the authorization for the Reclama23 tion project. 

24 (5) QUALIFYING ENTITY.—The term ‘‘qualifying 

25 entity’’ means an agency of a State or political subVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S2560.RS S2560

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1 division of a State, a joint action or powers agency, 

2 a water users association, or an Indian Tribe or 

3 Tribal utility authority that— 

4 (A) as of the date of conveyance under this 

5 Act, is the current operator of the eligible facility 

6 pursuant to a contract with Reclamation; and 

7 (B) as determined by the Secretary, has the 

8 capacity to continue to manage the eligible facil9 ity for the same purposes for which the property 

10 has been managed under the reclamation laws. 

11 (6) RECLAMATION.—The term ‘‘Reclamation’’ 

12 means the Bureau of Reclamation. 

13 (7) RECLAMATION PROJECT.—The term ‘‘Rec14 lamation project’’ means— 

15 (A) any reclamation or irrigation project, 

16 including incidental features of the project— 

17 (i) that is authorized by the reclama18 tion laws; 

19 (ii) that is constructed by the United 

20 States pursuant to the reclamation laws; or 

21 (iii) in connection with which there is 

22 a repayment or water service contract exe23 cuted by the United States pursuant to the 

24 reclamation laws; or 


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1 (B) any project constructed by the Secretary 

2 for the reclamation of land. 

3 (8) RESERVED WORKS.—The term ‘‘reserved 

4 works’’ means any building, structure, facility, or 

5 equipment— 

6 (A) that is owned by the Bureau; and 

7 (B) for which operations and maintenance 

8 are performed, regardless of the source of fund9 ing— 

10 (i) by an employee of the Bureau; or 

11 (ii) through a contract entered into by 

12 the Commissioner. 

13 (9) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior, acting through the Com15 missioner of Reclamation. 

16 SEC. 4. AUTHORIZATION OF TRANSFERS OF TITLE TO ELI17 GIBLE FACILITIES. 

18 (a) AUTHORIZATION.— 

19 (1) IN GENERAL.—Subject to the requirements of 

20 this Act, the Secretary, without further authorization 

21 from Congress, may, on application of a qualifying 

22 entity, convey to a qualifying entity all right, title, 

23 and interest of the United States in and to any eligi24 ble facility, if— 


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1 (A) not later than 90 days before the date 

2 on which the Secretary makes the conveyance, 

3 the Secretary submits to Congress— 

4 (i) a written notice of the proposed 

5 conveyance; and 

6 (ii) a description of the reasons for the 

7 conveyance; and 

8 (B) a joint resolution disapproving the con9 veyance is not enacted before the date on which 

10 the Secretary makes the conveyance. 

11 (2) CONSULTATION.—A conveyance under para12 graph (1) shall be made by written agreement between 

13 the Secretary and the qualifying entity, developed in 

14 consultation with any existing water and power cus15 tomers affected by the conveyance of the eligible facil16 ity. 

17 (b) RESERVATION OF EASEMENT.—The Secretary may 

18 reserve an easement over a conveyed property if— 

19 (1) the Secretary determines that the easement is 

20 necessary for the management of any interests re21 tained by the Federal Government under this Act; 

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

23 Reclamation project remains under Federal owner24 ship; and 


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1 (3) the Secretary enters into an agreement re2 garding the easement with the applicable qualifying 

3 entity. 

4 (c) INTERESTS IN WATER.—If a Federal interest in 

5 water rights and uses relating to a conveyed property is 

6 to be conveyed under this section with the conveyed prop7 erty, the Federal interest in water rights and uses shall be 

8 quantified and conveyed by an independent written agree9 ment, subject to applicable public participation require10 ments. 

11 SEC. 5. ELIGIBILITY CRITERIA. 

12 (a) ESTABLISHMENT.—The Secretary shall establish 

13 criteria for determining whether a facility is eligible for 

14 conveyance under this Act. 

15 (b) MINIMUM REQUIREMENTS.— 

16 (1) AGREEMENT OF QUALIFYING ENTITY.—The 

17 criteria established under subsection (a) shall include 

18 a requirement that a qualifying entity shall agree— 

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

20 (B) to use the eligible facility for substan21 tially the same purposes for which the eligible fa22 cility is being used at the time the Secretary 

23 evaluates the potential transfer; and 

24 (C) to provide, as consideration for the as25 sets to be conveyed, compensation to the reclamaVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\S2560.RS S2560

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1 tion fund established by the first section of the 

2 Act of June 17, 1902 (32 Stat. 388, chapter 

3 1093), in an amount that is the equivalent of the 

4 net present value of any repayment obligation to 

5 the United States or other income stream that 

6 the United States derives from the eligible facil7 ity to be transferred, as of the date of the trans8 fer. 

9 (2) DETERMINATIONS OF SECRETARY.—The cri10 teria established under subsection (a) shall include a 

11 requirement that the Secretary shall— 

12 (A) be able to enter into an agreement with 

13 the qualifying entity with respect to the legal, in14 stitutional, and financial arrangements relating 

15 to the conveyance; 

16 (B) determine that the proposed transfer— 

17 (i) would not have an unmitigated sig18 nificant effect on the environment; 

19 (ii) is consistent with the responsibil20 ities of the Secretary— 

21 (I) in the role as trustee for feder22 ally recognized Indian Tribes; and 

23 (II) to ensure compliance with 

24 any applicable international and TribVerDate Sep 11 2014 23:47 Nov 28, 2018 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S2560.RS S2560

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1 al treaties and agreements and inter2 state compacts and agreements; 

3 (iii) is in the financial interest of the 

4 United States; 

5 (iv) protects the public aspects of the 

6 eligible facility, including water rights 

7 managed for public purposes, such as flood 

8 control or fish and wildlife; 

9 (v) complies with all applicable Fed10 eral and State law; and 

11 (vi) will not result in an adverse im12 pact on fulfillment of existing water deliv13 ery obligations consistent with historical op14 erations and applicable contracts; and 

15 (C) if the eligible facility proposed to be 

16 transferred is a dam or diversion works divert17 ing water from a water body containing a spe18 cies listed as a threatened species or an endan19 gered species or critical habitat under the En20 dangered Species Act of 1973 (16 U.S.C. 1531 et 

21 seq.), determine that— 

22 (i)(I) the eligible facility would remain 

23 subject to consultation requirements under 

24 section 7(a)(2) of that Act (16 U.S.C. 

25 1536(a)(2)); 


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1 (II) on completion of a biological as2 sessment under section 402.12 of title 50, 

3 Code of Federal Regulations (or successor 

4 regulations), or an informal consultation 

5 under section 402.13 of title 50, Code of 

6 Federal Regulations (or successor regula7 tions), the Commissioner of Reclamation 

8 and the Director of the United States Fish 

9 and Wildlife Service or the Director of the 

10 National Marine Fisheries Service, as ap11 plicable, have concurred in writing, con12 sistent with section 402.14(b)(1) of title 50, 

13 Code of Federal Regulations (or successor 

14 regulations), that no action associated with 

15 the eligible facility is likely to adversely af16 fect any species listed as a threatened spe17 cies or an endangered species or critical 

18 habitat under that Act (16 U.S.C. 1531 et 

19 seq.); or 

20 (III) the qualifying entity completed a 

21 habitat conservation plan pursuant to sec22 tion 10 of that Act (16 U.S.C. 1539) prior 

23 to the transfer; and 

24 (ii) the eligible facility is not located 

25 in the State of California. 


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1 (3) STATUS OF RECLAMATION LAND.—The cri2 teria established under subsection (a) shall require 

3 that any land to be conveyed out of Federal owner4 ship under this Act is— 

5 (A) land acquired by the Secretary; or 

6 (B) land withdrawn by the Secretary, only 

7 if— 

8 (i) the Secretary determines in writing 

9 that the withdrawn land is encumbered by 

10 facilities to the extent that the withdrawn 

11 land is unsuitable for return to the public 

12 domain; and 

13 (ii) the qualifying entity agrees to pay 

14 fair market value based on historical or ex15 isting uses for the withdrawn land to be 

16 conveyed. 

17 (c) HOLD HARMLESS.—No conveyance under this Act 

18 shall adversely impact applicable Federal power rates, re19 payment obligations, or other project power uses. 

20 SEC. 6. LIABILITY. 

21 (a) IN GENERAL.—Effective on the date of conveyance 

22 of any eligible facility under this Act, the United States 

23 shall not be held liable by any court for damages of any 

24 kind arising out of any act, omission, or occurrence relating 

25 to the eligible facility, other than damages caused by acts 


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1 of negligence committed by the United States or by agents 

2 or employees of the United States prior to the date of the 

3 conveyance. 

4 (b) EFFECT.—Nothing in this section increases the li5 ability of the United States beyond that currently provided 

6 in chapter 171 of title 28, United States Code (commonly 

7 known as the ‘‘Federal Tort Claims Act’’). 

8 SEC. 7. BENEFITS. 

9 After a conveyance of an eligible facility under this 

10 Act— 

11 (1) the conveyed property shall no longer be con12 sidered to be part of a Reclamation project; 

13 (2) except as provided in paragraph (3), the 

14 qualifying entity to which the conveyed property is 

15 conveyed shall not be eligible to receive any benefits, 

16 including project use power, with respect to the con17 veyed property, except for any benefit that would be 

18 available to a similarly situated entity with respect 

19 to property that is not a part of a Reclamation 

20 project; and 

21 (3) the qualifying entity to which the conveyed 

22 property is conveyed may be eligible to receive project 

23 use power if— 

24 (A) the Secretary determines that the quali25 fying entity has historically been responsible for 


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1 a proportionate share of the operation and 

2 maintenance expenses for Federal facilities that 

3 generate and transmit, if applicable, power used 

4 for the delivery of Reclamation project water; 

5 and 

6 (B) the Secretary and the qualifying entity 

7 enter into an agreement under which the quali8 fying entity agrees to continue to be responsible 

9 for a proportionate share of operation and main10 tenance and capital costs for the Federal facili11 ties that generate and deliver, if applicable, 

12 power used for delivery of Reclamation project 

13 water after the date of conveyance, in accordance 

14 with Reclamation project use power rates. 

15 SEC. 8. COMPLIANCE WITH OTHER LAWS. 

16 (a) IN GENERAL.—Before conveying an eligible facil17 ity under this Act, the Secretary shall comply with all ap18 plicable Federal environmental laws, including— 

19 (1) the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.); 

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

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

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

24 (b) SENSE OF CONGRESS.—It is the sense of Congress 

25 that any Federal permitting and review processes required 


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1 with respect to a conveyance of an eligible facility under 

2 this Act should be completed with the maximum efficiency 

3 and effectiveness. 

4 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There are authorized to be appro6 priated to carry out this Act such sums as are necessary. 

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

8 under subsection (a) may be used— 

9 (1) to carry out any investigations appropriate 

10 to carry out this Act; and 

11 (2) to pay any other costs associated with con12 veyances under this Act, including an appropriate 

13 Federal share, as determined by the Secretary, of the 

14 costs of compliance with the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any 

16 other applicable law. 

17 (c) NOT TREATED AS PROJECT COSTS.—Expenditures 

18 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. 

22 (d) EFFECT.—Nothing in this section affects the au23 thority of the Secretary to recover non-Federal costs associ24 ated with conveyances under this Act. 


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Calendar No. 681 

115TH CONGRESS 

2D SESSION S. 2560 

[Report No. 115–395] 

A BILL 

To authorize the Secretary of the Interior to estabprojects or facilities, and for other purposes. Federal ownership of appropriate reclamation lish a program to facilitate the transfer to nonNOVEMBER 28, 2018 

Reported with an amendment 


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