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104TH CONGRESS

2D SESSION H. R. 3822

To direct the Secretary of the Interior to transfer the Palmetto Bend Project.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 1996

Mr. LAUGHLIN introduced the following bill; which was referred to the

Committee on Resources

A BILL

To direct the Secretary of the Interior to transfer the

Palmetto Bend Project.

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 ‘‘Palmetto Bend Project

5 Title Transfer Act’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act—

8 (1) the term ‘‘Federal reclamation laws’’ means

9 the Act of June 17, 1902 (32 Stat. 388), and Acts

10 amendatory thereof or supplementary thereto;
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1 (2) the term ‘‘project’’ means the Palmetto

2 Bend Project and includes all features, functions,

3 and property, real and personal, as authorized by

4 Congress for the Palmetto Bend Project in Texas

5 and constructed by the Bureau of Reclamation pur6 suant to Federal reclamation laws; and

7 (3) the term ‘‘Secretary’’ means the Secretary

8 of the Interior.

9 SEC. 3. AGREEMENT FOR TITLE TRANSFER OF PALMETTO

10 BEND PROJECT.

11 (a) AGREEMENT.—Not later than 6 months after the

12 date of enactment of this Act, the Secretary shall enter

13 into an agreement with the Lavaca Navidad River Author14 ity, individually, or both Lavaca Navidad River Authority

15 and Texas Water Development Board, if the project is

16 held jointly by them at the time the agreement is executed,

17 for the transfer of the Palmetto Bend Project, Texas, au18 thorized by Act approved October 12, 1968 (Public Law

19 90–562; 82 Stat. 999).

20 (b) CONSIDERATION.—

21 (1) AMOUNT.—The consideration for the trans22 fer of such project under subsection (a) is

23 $39,904,260, adjusted in accordance with paragraph

24 (2), payable to the United States in cash.
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1 (2) ADJUSTMENT TO REFLECT CURRENT DIS2 COUNT RATE.—The amount specified in paragraph

3 (1) shall be increased or decreased by the same per4 centage as the ratio that the United States Treasury

5 discount rate in effect on the date of enactment of

6 this Act bears to such discount rate in effect on the

7 date on which the agreement relating to such

8 amount is executed.

9 SEC. 4. ASSUMPTION OF RESPONSIBILITIES AND LIABIL10 ITIES BY STATE OF TEXAS AND LOCAL ENTI11 TIES.

12 The agreement entered into under section 3 shall be

13 subject to the following conditions:

14 (1) The State of Texas or the transferee of the

15 project shall assume the responsibility for implemen16 tation of Federal nonreimbursable aspects of the

17 project and shall agree to hold public hearings con18 cerning such implementation.

19 (2) The State of Texas or the transferee of the

20 project shall assume all liability for operation and

21 maintenance of the purchased project.

22 (3) The State of Texas or the transferee of the

23 project—

24 (A) shall assume sole responsibility and li25 ability for the project purchased (or portion
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1 thereof) as of the date of conveyance of title,

2 and

3 (B) will hold the United States harmless

4 and indemnify the United States against any

5 and all claims of damage.

6 SEC. 5. GENERAL PROVISIONS.

7 (a) TRANSFER OF TITLE.—Upon payment of the

8 consideration for the project pursuant to section 3, the

9 Secretary shall convey to the transferee of the project, all

10 right, title, and interest of the United States in and to

11 all land and all improvements to the project.

12 (b) RELIEF FROM OBLIGATION TO COMPLY WITH

13 FEDERAL RECLAMATION LAWS.—Effective on the date of

14 transfer of the project under this Act—

15 (1) the State of Texas and the transferee of the

16 project are hereby relieved from any obligation aris17 ing after such date to comply with the Federal rec18 lamation laws, and

19 (2) the project beneficiaries shall not thereafter

20 be eligible to receive reclamation benefits available

21 pursuant to the Federal reclamation laws unless oth22 erwise authorized by Congress.

23 (c) COMPLIANCE WITH CURRENT LAW.—The Con24 gress finds that the assumption of Federal nonreimburs25 able responsibility by the State of Texas and the trans-
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1 feree of the project is in compliance with the National En2 vironmental Policy Act of 1969, and therefore project pur3 chase review shall not be required pursuant thereto.

4 (d) LUMP SUM PAYMENTS.—Section 213(c) of the

5 Reclamation Reform Act of 1982 (43 U.S.C. 390mm(c))

6 shall not apply to the project.

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