II 
Calendar No. 817 
110TH CONGRESS 
2D SESSION 
H. R. 2085 
[Report No. 110–385] 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 7, 2007 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
JUNE 16, 2008 
Reported by Mr. BINGAMAN, without amendment 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘McGee Creek Project 
Pipeline and Associated Facilities Conveyance Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the agreement numbered 06–AG–60–2115 
and entitled ‘‘Agreement Between the United States 
of America and McGee Creek Authority for the Pur-
pose of Defining Responsibilities Related to and Im-
plementing the Title Transfer of Certain Facilities 
at the McGee Creek Project, Oklahoma’’. 
(2) AUTHORITY.—The term ‘‘Authority’’ means 
the McGee Creek Authority located in Oklahoma 
City, Oklahoma. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPE-
LINE AND ASSOCIATED FACILITIES. 
(a) AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—In accordance with all appli-
cable laws and consistent with any terms and condi-
tions provided in the Agreement, the Secretary may 
convey to the Authority all right, title, and interest 
of the United States in and to the pipeline and any 
associated facilities described in the Agreement, in-
cluding— 
(A) the pumping plant; 
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(B) the raw water pipeline from the McGee 
Creek pumping plant to the rate of flow control 
station at Lake Atoka; 
(C) the surge tank; 
(D) the regulating tank; 
(E) the McGee Creek operation and main-
tenance complex, maintenance shop, and pole 
barn; and 
(F) any other appurtenances, easements, 
and fee title land associated with the facilities 
described in subparagraphs (A) through (E), in 
accordance with the Agreement. 
(2) EXCLUSION
OF
MINERAL
ESTATE
FROM 
CONVEYANCE.— 
(A) IN
GENERAL.—The mineral estate 
shall be excluded from the conveyance of any 
land or facilities under paragraph (1). 
(B) MANAGEMENT.—Any mineral interests 
retained by the United States under this Act 
shall be managed— 
(i) consistent with Federal law; and 
(ii) in a manner that would not inter-
fere with the purposes for which the 
McGee Creek Project was authorized. 
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(3) COMPLIANCE WITH AGREEMENT; APPLICA-
BLE LAW.— 
(A) AGREEMENT.—All parties to the con-
veyance under paragraph (1) shall comply with 
the terms and conditions of the Agreement, to 
the extent consistent with this Act. 
(B) APPLICABLE LAW.—Before any con-
veyance under paragraph (1), the Secretary 
shall complete any actions required under— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
(ii) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(iii) the National Historic Preserva-
tion Act (16 U.S.C. 470 et seq.); and 
(iv) any other applicable laws. 
(b) OPERATION OF TRANSFERRED FACILITIES.— 
(1) IN GENERAL.—On the conveyance of the 
land and facilities under subsection (a)(1), the Au-
thority shall comply with all applicable Federal, 
State, and local laws (including regulations) in the 
operation of any transferred facilities. 
(2) OPERATION AND MAINTENANCE COSTS.— 
(A) IN GENERAL.—After the conveyance of 
the land and facilities under subsection (a)(1) 
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and consistent with the Agreement, the Author-
ity shall be responsible for all duties and costs 
associated with the operation, replacement, 
maintenance, enhancement, and betterment of 
the transferred land and facilities. 
(B) LIMITATION ON FUNDING.—The Au-
thority shall not be eligible to receive any Fed-
eral funding to assist in the operation, replace-
ment, maintenance, enhancement, and better-
ment of the transferred land and facilities, ex-
cept for funding that would be available to any 
comparable entity that is not subject to rec-
lamation laws. 
(c) RELEASE FROM LIABILITY.— 
(1) IN GENERAL.—Effective beginning on the 
date of the conveyance of the land and facilities 
under subsection (a)(1), the United States shall not 
be liable for damages of any kind arising out of any 
act, omission, or occurrence relating to any land or 
facilities conveyed, except for damages caused by 
acts of negligence committed by the United States 
(including any employee or agent of the United 
States) before the date of the conveyance. 
(2) NO
ADDITIONAL
LIABILITY.—Nothing in 
this subsection adds to any liability that the United 
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States may have under chapter 171 of title 28, 
United States Code. 
(d) CONTRACTUAL OBLIGATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), any rights and obligations under the con-
tract numbered 0–07–50–X0822 and dated October 
11, 1979, between the Authority and the United 
States for the construction, operation, and mainte-
nance of the McGee Creek Project, shall remain in 
full force and effect. 
(2) AMENDMENTS.—With the consent of the 
Authority, the Secretary may amend the contract de-
scribed in paragraph (1) to reflect the conveyance of 
the land and facilities under subsection (a)(1). 
(e) APPLICABILITY OF THE RECLAMATION LAWS.— 
Notwithstanding the conveyance of the land and facilities 
under subsection (a)(1), the reclamation laws shall con-
tinue to apply to any project water provided to the Author-
ity. 
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Calendar No. 817 
110TH CONGRESS 
2D SESSION 
H. R. 2085 
[Report No. 110–385] 
AN ACT 
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. 
JUNE 16, 2008 
Reported without amendment 
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