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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.
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 ‘‘Palmetto Bend Project
Title Transfer Act’’.
SEC. 2. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Federal reclamation laws’’ means
the Act of June 17, 1902 (32 Stat. 388), and Acts
amendatory thereof or supplementary thereto;
(2) the term ‘‘project’’ means the Palmetto
Bend Project and includes all features, functions,
and property, real and personal, as authorized by
Congress for the Palmetto Bend Project in Texas
and constructed by the Bureau of Reclamation pur-
suant to Federal reclamation laws; and
(3) the term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 3. AGREEMENT FOR TITLE TRANSFER OF PALMETTO
BEND PROJECT.
(a) AGREEMENT.—Not later than 6 months after the
date of enactment of this Act, the Secretary shall enter
into an agreement with the Lavaca Navidad River Author-
ity, individually, or both Lavaca Navidad River Authority
and Texas Water Development Board, if the project is
held jointly by them at the time the agreement is executed,
for the transfer of the Palmetto Bend Project, Texas, au-
thorized by Act approved October 12, 1968 (Public Law
90–562; 82 Stat. 999).
(b) CONSIDERATION.—
(1) AMOUNT.—The consideration for the trans-
fer of such project under subsection (a) is
$39,904,260, adjusted in accordance with paragraph
(2), payable to the United States in cash.
(2) ADJUSTMENT TO REFLECT CURRENT DIS-
COUNT RATE.—The amount specified in paragraph
(1) shall be increased or decreased by the same per-
centage as the ratio that the United States Treasury
discount rate in effect on the date of enactment of
this Act bears to such discount rate in effect on the
date on which the agreement relating to such
amount is executed.
SEC. 4. ASSUMPTION OF RESPONSIBILITIES AND LIABIL-
ITIES BY STATE OF TEXAS AND LOCAL ENTI-
TIES.
The agreement entered into under section 3 shall be
subject to the following conditions:
(1) The State of Texas or the transferee of the
project shall assume the responsibility for implemen-
tation of Federal nonreimbursable aspects of the
project and shall agree to hold public hearings con-
cerning such implementation.
(2) The State of Texas or the transferee of the
project shall assume all liability for operation and
maintenance of the purchased project.
(3) The State of Texas or the transferee of the
project—
(A) shall assume sole responsibility and li-
ability for the project purchased (or portion
thereof) as of the date of conveyance of title,
and
(B) will hold the United States harmless
and indemnify the United States against any
and all claims of damage.
SEC. 5. GENERAL PROVISIONS.
(a) TRANSFER OF TITLE.—Upon payment of the
consideration for the project pursuant to section 3, the
Secretary shall convey to the transferee of the project, all
right, title, and interest of the United States in and to
all land and all improvements to the project.
(b) RELIEF FROM OBLIGATION TO COMPLY WITH
FEDERAL RECLAMATION LAWS.—Effective on the date of
transfer of the project under this Act—
(1) the State of Texas and the transferee of the
project are hereby relieved from any obligation aris-
ing after such date to comply with the Federal rec-
lamation laws, and
(2) the project beneficiaries shall not thereafter
be eligible to receive reclamation benefits available
pursuant to the Federal reclamation laws unless oth-
erwise authorized by Congress.
(c) COMPLIANCE WITH CURRENT LAW.—The Con-
gress finds that the assumption of Federal nonreimburs-
able responsibility by the State of Texas and the trans-
feree of the project is in compliance with the National En-
vironmental Policy Act of 1969, and therefore project pur-
chase review shall not be required pursuant thereto.
(d) LUMP SUM PAYMENTS.—Section 213(c) of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm(c))
shall not apply to the project.
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