Title: Reclamation Title Transfer Act of 2018
Policy area: Water Resources Development

Summary:
Reclamation Title Transfer Act of 2018
This bill authorizes the Bureau of Reclamation to convey to a qualifying entity all U.S. interest in any eligible facility, if: (1) by 90 days before the date on which Reclamation makes the conveyance, it submits to Congress a written notice of the proposed conveyance and a description of the reasons for the conveyance; and (2) a joint resolution disapproving the conveyance is not enacted before the date on which it makes the conveyance. Reclamation must convey with all applicable federal environmental laws before making a conveyance.
"Qualifying entity" means an agency of a state or political subdivision of a state, a joint action or powers agency, a water users association, or an Indian tribe or tribal authority that: (1) as of the date of conveyance, is the current operator of the conveyed facility pursuant to a contract with Reclamation; and (2) as determined by Reclamation, has the capacity to continue to manage the conveyed property for the same purposes for which the property has been managed under the reclamation laws.
Effective beginning on the date of conveyance, the United States shall not be liable for damages arising out of any act, omission, or occurrence based on prior ownership or operation of the conveyed property.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2560 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2560

 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 SENATE OF THE UNITED STATES

                             March 15, 2018

   Mr. Risch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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.

    Be it enacted by the Senate and House of Representatives 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 
2018''.

SEC. 2. PURPOSE.

    The purpose of this Act is to facilitate the transfer of title to 
eligible facilities to qualifying entities that have completed the 
repayment of the capital costs of the eligible facilities through 
capital repayment contracts with Reclamation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conveyed property.--The term ``conveyed property'' 
        means an eligible facility that has been conveyed to a 
        qualifying entity under section 4.
            (2) Eligible facility.--The term ``eligible facility'' 
        means a facility that meets the criteria for potential transfer 
        established under section 5(a).
            (3) Facility.--
                    (A) In general.--The term ``facility'' means--
                            (i) a Reclamation project or facility; or
                            (ii) a portion of a Reclamation project or 
                        facility.
                    (B) Inclusions.--The term ``facility'' includes a 
                dam or appurtenant works, infrastructure, a 
                recreational facility, a building, a distribution and 
                drainage works, and associated land or interest in land 
                or water.
                    (C) Exclusions.--The term ``facility'' does not 
                include a Reclamation project or facility, or a portion 
                of a Reclamation project or facility, that--
                            (i) generates hydropower marketed by a 
                        Federal power marketing administration; or
                            (ii) is managed for recreation under a 
                        lease, permit, license, or other management 
                        agreement that does contribute to capital 
                        repayment.
            (4) Qualifying entity.--The term ``qualifying entity'' 
        means an agency of a State or political subdivision of a State, 
        a joint action or powers agency, a water users association, or 
        an Indian Tribe or Tribal utility authority that--
                    (A) as of the date of conveyance under this Act, is 
                the current operator of the conveyed facility pursuant 
                to a contract with Reclamation; and
                    (B) as determined by the Secretary, has the 
                capacity to continue to manage the conveyed property 
                for the same purposes for which the property has been 
                managed under the reclamation laws.
            (5) Reclamation.--The term ``Reclamation'' means the Bureau 
        of Reclamation.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 4. AUTHORIZATION OF TRANSFERS OF TITLES TO ELIGIBLE FACILITIES.

    (a) In General.--Subject to the requirements of this section, the 
Secretary, without further authorization from Congress, may convey to a 
qualifying entity all right, title, and interest of the United States 
in and to any eligible facility, if--
            (1) not later than 90 days before the date on which the 
        Secretary makes the conveyance, the Secretary submits to 
        Congress--
                    (A) a written notice of the proposed conveyance; 
                and
                    (B) a description of the reasons for the 
                conveyance; and
            (2) a joint resolution disapproving the conveyance is not 
        enacted before the date on which the Secretary makes the 
        conveyance.
    (b) Reservation of Easement.--The Secretary may reserve an easement 
over a conveyed property if--
            (1) the Secretary determines that the easement is necessary 
        for the management of any interests retained by the Federal 
        Government under this Act;
            (2) a portion of the conveyed property remains under 
        Federal ownership; and
            (3) the Secretary enters into an agreement regarding the 
        easement with the applicable qualifying entity.
    (c) Interests in Water.--The Federal interest in associated water 
rights and uses relating to a conveyed property, if any, shall be 
conveyed under this section in accordance with applicable State law 
pursuant to a written agreement between the Secretary and the 
applicable qualifying entity.

SEC. 5. ELIGIBILITY CRITERIA.

    (a) Establishment.--The Secretary shall establish criteria for 
determining whether a facility is eligible for conveyance under this 
Act.
    (b) Minimum Requirements.--
            (1) Agreement of qualifying entity.--The criteria 
        established under subsection (a) shall include a requirement 
        that a qualifying entity shall agree--
                    (A) to accept title to the eligible facility;
                    (B) to use the eligible facility for substantially 
                the same purposes for which the eligible facility is 
                being used at the time the Secretary evaluates the 
                potential transfer; and
                    (C) to provide, as consideration for the assets to 
                be conveyed, compensation to the reclamation fund 
                established by the first section of the Act of June 17, 
                1902 (32 Stat. 388, chapter 1093), in an amount that is 
                the equivalent of the net present value of any 
                repayment obligation to the United States or other 
                income stream that the United States derives from the 
                eligible facility to be transferred, as of the date of 
                the transfer.
            (2) Determinations of secretary.--The criteria established 
        under subsection (a) shall include a requirement that the 
        Secretary shall--
                    (A) be able to enter into an agreement with the 
                qualifying entity with respect to the legal, 
                institutional, and financial arrangements relating to 
                the conveyance; and
                    (B) determine that the proposed transfer--
                            (i) would not have an unmitigated 
                        significant effect on the environment;
                            (ii) is consistent with the 
                        responsibilities of the Secretary--
                                    (I) to protect land and water 
                                resources held in trust for federally 
                                recognized Indian Tribes; and
                                    (II) to ensure compliance with any 
                                applicable international treaties and 
                                interstate compacts; and
                            (iii) is in the financial interest of the 
                        United States.
            (3) Status of reclamation land.--The criteria established 
        under subsection (a) shall require that any land to be conveyed 
        out of Federal ownership under this Act is--
                    (A) land acquired by the Secretary; or
                    (B) land withdrawn by the Secretary, only if--
                            (i) the Secretary determines in writing 
                        that the withdrawn land is encumbered by 
                        facilities to the extent that the withdrawn 
                        land is unsuitable for return to the public 
                        domain; and
                            (ii) the qualifying entity agrees to pay 
                        fair market value based on historical or 
                        existing uses for the withdrawn land to be 
                        conveyed.

SEC. 6. LIABILITY.

    (a) In General.--Except as provided in subsection (b), effective 
beginning on the date of conveyance of any eligible facility under 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 the 
prior ownership or operation of the conveyed property.
    (b) Limitation.--The United States shall retain the 
responsibilities and authorities of the United States for a conveyed 
property based on the prior ownership or operation of the conveyed 
property by the United States under Federal environmental laws, 
including the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 7. BENEFITS.

    After a conveyance of an eligible facility under this Act--
            (1) the conveyed property shall no longer be considered to 
        be part of a Reclamation project; and
            (2) if the transfer of an entire Reclamation project occurs 
        pursuant to such a conveyance, the qualifying entity to which 
        the conveyed property is conveyed shall not be eligible to 
        receive any benefits, including project power, with respect to 
        the conveyed property, except for any benefit that would be 
        available to a similarly situated entity with respect to 
        property that is not a part of a Reclamation project.

SEC. 8. COMPLIANCE WITH OTHER LAWS.

    (a) Operation of Conveyed Property.--After conveyance of an 
eligible facility under this Act, the qualifying entity to which the 
conveyed property is conveyed shall comply with all applicable Federal, 
State, and local laws (including regulations) in the operation of the 
conveyed property.
    (b) Federal Environmental Laws Applicable to Title Transfer.--For 
purposes of achieving compliance with Federal environmental laws 
(including regulations) applicable to a transfer of title under this 
Act, the Federal agency action shall be limited to the change in 
ownership status of an applicable eligible facility if the ability of 
the applicable qualifying entity to alter the existing uses or 
operations of the conveyed property after the conveyance is limited due 
to the fact that--
            (1) any modification to the purpose or location of 
        applicable water use would require a modification of a State-
        issued water right that requires action by the State in which 
        the eligible facility is located; or
            (2) any modification to the purpose or operation of the 
        eligible facility requires an action by a qualifying entity 
        that is constrained by applicable requirements that were 
        established--
                    (A) by an applicable State legislature, State 
                regulatory agency, publicly elected board, appointed 
                board, or other related entity; and
                    (B) through a public process or other, similar 
                procedure that constrains, or imposes public scrutiny 
                or additional accountability on, the ability of the 
                qualifying entity to carry out such a modification.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act such sums as are necessary.
    (b) Use of Amounts.--Amounts made available under subsection (a) 
may be used--
            (1) to carry out any investigations appropriate to carry 
        out this Act; and
            (2) to pay any other costs associated with conveyances 
        under this Act, including an appropriate Federal share, as 
        determined by the Secretary, of the costs of compliance with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) and any other applicable law.
    (c) Not Treated as Project Costs.--Expenditures made by the 
Secretary under this Act--
            (1) shall not be a project cost assignable to a Reclamation 
        project; and
            (2) shall be nonreimbursable.
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