I 
110TH CONGRESS 
2D SESSION 
H. R. 6992 
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 HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2008 
Mrs. MCMORRIS RODGERS introduced the following bill; which was referred 
to the Committee on Natural Resources 
A BILL 
To authorize the Secretary of the Interior to establish a 
program to facilitate the transfer to non-Federal owner-
ship of appropriate reclamation projects or facilities, 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 ‘‘Reclamation Title 
Transfer Act of 2008’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means a reclamation project or facility, or a 
portion of such a project or facility (which may in-
clude dams and appurtenant works, water rights, in-
frastructure, recreational facilities, buildings, dis-
tribution and drainage works, and associated lands 
or interests in lands or water) that meets the cri-
teria for potential transfer established pursuant to 
section 5. 
(2) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means an agency of a State or local 
government or an Indian tribe, a municipal corpora-
tion, public agency, or other entity such as a water 
district, that— 
(A) held or holds a water service contract, 
repayment contract, water rights settlement 
contract or exchange contract providing for 
water service from the eligible facility to be 
transferred; and 
(B) as determined by the Secretary has the 
capacity to continue to manage the conveyed 
property for the same purposes that the prop-
erty has been managed under reclamation law. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(4) CONVEYED
PROPERTY.—The term ‘‘con-
veyed property’’ means an eligible facility that has 
been transferred out of Federal ownership under 
this Act. 
SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. 
(a) TITLE TRANSFER PROGRAM.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary shall establish a program to— 
(1) identify and analyze the potential for public 
benefits from the transfer out of Federal ownership 
of eligible facilities, which may include an analysis of 
the financial, operational, water supply, and environ-
mental characteristics of the properties proposed for 
transfer; and 
(2) facilitate transfer of title of eligible facilities 
out of Federal ownership to promote more efficient 
management of water and water-related facilities. 
(b) AUTHORIZATION TO TRANSFER TITLE TO ELIGI-
BLE FACILITIES.—The Secretary, without further author-
ization from Congress, is authorized to convey all right, 
title, and interest in any eligible facility to a qualifying 
entity, provided that— 
(1) the Secretary shall retain any mineral inter-
ests associated with the conveyed property, but all 
mineral interests retained by the United States 
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under this Act shall be managed consistent with 
Federal law in a manner so as not to interfere with 
the purposes for which the eligible facility was au-
thorized; 
(2) interests in water shall be conveyed under 
this Act by a written Agreement between the Sec-
retary and the qualifying entity; and 
(3) interests in eligible facilities shall be con-
veyed under this Act by a written Agreement be-
tween the Secretary and the qualifying entity, devel-
oped in consultation with the existing power cus-
tomers of the eligible facility. 
SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HIS-
TORIC PRESERVATION LAWS. 
Before conveying land and facilities under this Act, 
the Secretary shall complete all actions required under all 
applicable laws, including— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); and 
(3) the National Historic Preservation Act of 
1966 (16 U.S.C. 470a et seq.). 
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SEC. 5. ELIGIBILITY CRITERIA FOR TITLE TRANSFER 
UNDER THIS ACT. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary shall establish criteria for 
determining whether facilities are eligible for title transfer 
under this Act. The criteria shall include the following 
minimum requirements: 
(1) A qualifying entity agrees to accept title to 
the property proposed for transfer. 
(2) The proposed title transfer will not have an 
unmitigated significant effect on the environment. 
(3) The qualifying entity intends to use the 
property for substantially the same purposes the 
property is being used for at the time the Secretary 
evaluates the potential transfer. 
(4) The transfer is consistent with the Sec-
retary’s responsibility to protect land and water re-
sources held in trust for federally recognized Indian 
tribes. 
(5) The transfer is consistent with the Sec-
retary’s responsibility to ensure compliance with 
international treaties and interstate compacts. 
(6) The qualifying entity agrees to provide, as 
consideration for the assets to be conveyed, com-
pensation to the United States worth the equivalent 
of the net present value of any repayment obligation 
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to the United States or other income stream the 
United States derives from the assets to be trans-
ferred at the time of the transfer. 
(7) Interests in water shall only be eligible for 
conveyance under this Act— 
(A) in connection with a conveyance of title 
to associated land or infrastructure; and 
(B) when the qualifying entity already has 
a contractual right to delivery or other interest 
or use right in the water being considered for 
conveyance. 
(8) No conveyance under this Act may— 
(A) adversely impact power rates or repay-
ment obligations; or 
(B) include a Federal facility that pro-
duces power that is sold to or eligible to be sold 
to power customers pursuant to section 9(c) of 
the Reclamation Project Act of 1939 (43 
U.S.C. 485h(c)). 
SEC. 6. LIABILITY. 
Effective upon the date of conveyance of any eligible 
facility pursuant to this Act, the United States shall not 
be liable under any law for damages of any kind arising 
out of any act, omission, or occurrence based on its prior 
ownership or operation of the conveyed property. 
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SEC. 7. BENEFITS. 
After a conveyance of title under this Act— 
(1) the conveyed property shall not be consid-
ered to be a part of a Federal reclamation project; 
and 
(2) the entity to which the property is conveyed 
shall not be eligible to receive any benefits, including 
project power, with respect to the conveyed property, 
except benefits that would be available to a similarly 
situated entity with respect to property that is not 
part of a Federal reclamation project. 
SEC. 8. COMPLIANCE WITH OTHER LAWS. 
(a) IN GENERAL.—After a conveyance of title under 
this Act, the entity to which the property is conveyed shall 
comply with all applicable Federal, State, and local laws 
and regulations in its operation of the conveyed property. 
(b) APPLICABLE AUTHORITY.—In accordance with 
section 213(a) and (b) of the Reclamation Reform Act of 
1982 (96 Stat. 1269), the ownership and full-cost pricing 
limitations of Federal reclamation law (the Act of June 
17, 1902 (43 U.S.C. 371 et seq.), and Acts supplementary 
thereto and amendatory thereof) shall not apply to water 
in which an interest is conveyed to a qualifying entity 
under this Act, except that all provisions of Federal rec-
lamation law shall be applicable to project water provided 
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to the entity from facilities that are part of a Federal rec-
lamation project. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act. These funds 
may be used to carry out the investigations authorized 
under this Act, and for other costs associated with title 
transfer under this Act, including an appropriate Federal 
share of the costs of compliance with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and other applicable Federal law. Expenditures made by 
the Secretary under this Act shall not be a project cost 
assignable to any Federal reclamation project and shall 
be nonreimbursable. 
SEC. 10. REPORT. 
Not later than two years after the date that funds 
are made available for this Act, the Secretary shall submit 
a report to the Natural Resources Committee of the House 
of Representatives and the Energy and Natural Resources 
Committee of the Senate. The report shall— 
(1) describe actions taken to implement this 
Act; 
(2) list conveyances made under this Act; 
(3) state the amount of Federal funds obligated 
or expended to carry out this Act; and 
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(4) describe factors that limit conveyances 
under in this Act. 
SEC. 11. RECLAMATION LAW. 
This Act shall amend and supplement the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts supple-
mentary thereto and amendatory thereof (43 U.S.C. 371 
et seq.). 
Æ 
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