I 

111TH CONGRESS 

1ST SESSION H. R. 376 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Ms. FALLIN (for herself and Mr. BOREN) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

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: 

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

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


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1 and entitled ‘‘Agreement Between the United States 

2 of America and McGee Creek Authority for the Pur3 pose of Defining Responsibilities Related to and Im4 plementing the Title Transfer of Certain Facilities 

5 at the McGee Creek Project, Oklahoma’’. 

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

7 the McGee Creek Authority located in Oklahoma 

8 City, Oklahoma. 

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

10 the Secretary of the Interior. 

11 SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPE12 LINE AND ASSOCIATED FACILITIES. 

13 (a) AUTHORITY TO CONVEY.— 

14 (1) IN GENERAL.—In accordance with all appli15 cable laws and consistent with any terms and condi16 tions provided in the Agreement, the Secretary may 

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

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

19 associated facilities described in the Agreement, in20 cluding— 

21 (A) the pumping plant; 

22 (B) the raw water pipeline from the McGee 

23 Creek pumping plant to the rate of flow control 

24 station at Lake Atoka; 

25 (C) the surge tank; 


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1 (D) the regulating tank; 

2 (E) the McGee Creek operation and main3 tenance complex, maintenance shop, and pole 

4 barn; and 

5 (F) any other appurtenances, easements, 

6 and fee title land associated with the facilities 

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

8 accordance with the Agreement. 

9 (2) EXCLUSION OF MINERAL ESTATE FROM

10 CONVEYANCE.— 

11 (A) IN GENERAL.—The mineral estate 

12 shall be excluded from the conveyance of any 

13 land or facilities under paragraph (1). 

14 (B) MANAGEMENT.—Any mineral interests 

15 retained by the United States under this Act 

16 shall be managed— 

17 (i) consistent with Federal law; and 

18 (ii) in a manner that would not inter19 fere with the purposes for which the 

20 McGee Creek Project was authorized. 

21 (3) COMPLIANCE WITH AGREEMENT; APPLICA22 BLE LAW.— 

23 (A) AGREEMENT.—All parties to the con24 veyance under paragraph (1) shall comply with 


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1 the terms and conditions of the Agreement, to 

2 the extent consistent with this Act. 

3 (B) APPLICABLE LAW.—Before any con4 veyance under paragraph (1), the Secretary 

5 shall complete any actions required under— 

6 (i) the National Environmental Policy 

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

8 (ii) the Endangered Species Act of 

9 1973 (16 U.S.C. 1531 et seq.); 

10 (iii) the National Historic Preserva11 tion Act (16 U.S.C. 470 et seq.); and 

12 (iv) any other applicable laws. 

13 (b) OPERATION OF TRANSFERRED FACILITIES.— 

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

15 land and facilities under subsection (a)(1), the Au16 thority shall comply with all applicable Federal, 

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

18 operation of any transferred facilities. 

19 (2) OPERATION AND MAINTENANCE COSTS.— 

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

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

22 and consistent with the Agreement, the Author23 ity shall be responsible for all duties and costs 

24 associated with the operation, replacement, 


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1 maintenance, enhancement, and betterment of 

2 the transferred land and facilities. 

3 (B) LIMITATION ON FUNDING.—The Au4 thority shall not be eligible to receive any Fed5 eral funding to assist in the operation, replace6 ment, maintenance, enhancement, and better7 ment of the transferred land and facilities, ex8 cept for funding that would be available to any 

9 comparable entity that is not subject to rec10 lamation laws. 

11 (c) RELEASE FROM LIABILITY.— 

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

13 date of the conveyance of the land and facilities 

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

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

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

17 facilities conveyed, except for damages caused by 

18 acts of negligence committed by the United States 

19 (including any employee or agent of the United 

20 States) before the date of the conveyance. 

21 (2) NO ADDITIONAL LIABILITY.—Nothing in 

22 this subsection adds to any liability that the United 

23 States may have under chapter 171 of title 28, 

24 United States Code. 

25 (d) CONTRACTUAL OBLIGATIONS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), any rights and obligations under the con3 tract numbered 0–07–50–X0822 and dated October 

4 11, 1979, between the Authority and the United 

5 States for the construction, operation, and mainte6 nance of the McGee Creek Project, shall remain in 

7 full force and effect. 

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

9 Authority, the Secretary may amend the contract de10 scribed in paragraph (1) to reflect the conveyance of 

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

12 (e) APPLICABILITY OF THE RECLAMATION LAWS.— 

13 Notwithstanding the conveyance of the land and facilities 

14 under subsection (a)(1), the reclamation laws shall con15 tinue to apply to any project water provided to the Author16 ity. 

Æ 


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