[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2609 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2609

 To provide for the Secretary of the Interior to sell the indebtedness 
 representing the remaining repayment balance of Bureau of Reclamation 
   projects in Texas and to execute agreements with State and local 
                               interests.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1995

Mr. Ortiz (for himself, Mr. Laughlin, Mr. Thornberry, and Mr. Combest) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the Secretary of the Interior to sell the indebtedness 
 representing the remaining repayment balance of Bureau of Reclamation 
   projects in Texas and to execute agreements with State and local 
                               interests.

    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 ``Texas Reclamation Projects 
Indebtedness Purchase Act''.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``public agency'' means a State agency or 
        political subdivision of the State of Texas created under the 
        laws of the State of Texas or home rule city created under the 
        laws of the State of Texas;
            (2) the term ``Secretary'' means the Secretary of the 
        Interior;
            (3) the term ``present value'' means the calculation of the 
        present value of the unpaid indebtedness of the project, as 
        defined by the project repayment schedule, discounted at the 
        United States Treasury rates on the date of purchase contract 
        execution;
            (4) the term ``project'' or ``projects'' means the projects 
        identified in section 4 of this Act and includes all features, 
        functions, and property, real and personal, as authorized by 
        Congress for any project in Texas constructed by the Bureau of 
        Reclamation pursuant to Federal Reclamation laws (the Act of 
        June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or 
        supplementary thereto);
            (5) the term ``non-Federal mitigation costs'' means costs 
        or expenses incurred by the State of Texas or public agency, 
        whether paid directly or incurred as a reduction of anticipated 
        project benefits, not otherwise included as costs to be repaid 
        to the Federal Government, to mitigate environmental impacts of 
        the project pursuant to law; and
            (6) the term ``current contracting party'' means the public 
        agency which has contracted with the United States for 
        repayment of the indebtedness of the project.

SEC. 3. AGREEMENT FOR THE SALE OF INDEBTEDNESS OF BUREAU OF RECLAMATION 
              PROJECTS IN TEXAS.

    The Secretary shall enter into an agreement with the current 
contracting party, or in the alternative, a public agency of the State 
of Texas, within six months after the enactment of this Act, for the 
purchase of the projects, whether individual or more than one, 
according to the following conditions:
            (1) The purchase price shall be the payment to the United 
        States of monies equal to the present value of the individual 
        projects which the State of Texas desires to purchase.
            (2) For projects with identified liabilities, and projects 
        where actual benefits are less than those projected at the time 
        of project authorization, the purchase price shall be 
        discounted to the extent of the identified liability or 
        unrealized benefits, as determined by the State of Texas.
            (3) For projects that the Bureau of Reclamation is 
        obligated to pay a portion of maintenance and operating 
        expenses or payments in lieu of taxes, the purchase price shall 
        be discounted at an amount equal to the Bureau of Reclamations' 
        anticipated payment for the next 50 years.
            (4) For projects in which the State of Texas or the public 
        agency of the State of Texas assume the responsibility for 
        implementation of Federal nonreimbursable aspects of the 
        project or projects with non-Federal mitigation costs, the 
        purchase price shall be reduced to reflect the additional 
        obligations undertaken or costs incurred.
            (5) When the purchase price is paid, the Secretary shall 
        convey to the State of Texas, or the public agency of the State 
        of Texas, all right, title, and interest of the United States 
        to all land and all improvements to the project or projects. 
        Interests may be retained by the United States to the limited 
        extent those interests must be maintained to implement 
        remaining Federal programs described in paragraph (9).
            (6) The State of Texas, or the public agency of the State 
        of Texas, shall assume all liability for operation and 
        maintenance of the purchased project or projects.
            (7) The United States shall provide for the performance of 
        work reasonably necessary to provide for the delivery of such 
        project or projects, including all facilities and property, in 
        a reasonably safe and functional condition and in accordance 
        with good maintenance standards.
            (8) Upon completion of full payment of the purchase price 
        described in this section and the transfer of a project, the 
        State of Texas, or the public agency of the State of Texas, 
        shall be relieved from compliance with the acreage limitations 
        and other requirements of Reclamation law, and the project 
        beneficiaries shall not thereafter be eligible to receive 
        reclamation benefits available pursuant to the Act of June 17, 
        1902 (32 Stat. 388), and Acts amendatory thereof or 
        supplementary thereto, unless otherwise authorized by Congress.
            (9) Upon completion of purchase, the State of Texas, or the 
        public agency of the State of Texas, will assume sole 
        responsibility and liability for the project or projects 
        purchased (or portion thereof) as of the date of conveyance of 
        title and the State of Texas, or the public agency of the State 
        of Texas, will hold the United States harmless and indemnify 
        the United States against any and all claims of damage, except 
        to the extent any title or aspect of project operations has 
        been retained by the United States, and the State of Texas, or 
        the public agency of the State of Texas, will be relieved from 
        any obligation to comply with reclamation rules or regulation 
        applicable to reclamation projects.
            (10) The State of Texas, or the public agency of the State 
        of Texas, must assume responsibility for continued 
        implementation of all nonreimbursable aspects of the project 
        originally authorized by Congress. Existing programs of the 
        National Park Service and Corps of Engineers associated with 
        specific projects shall not be affected by the transfer.

SEC. 4. PROJECTS AND PURCHASE PRICE.

    The projects for which the Secretary shall execute agreements, and 
the price which public agencies or the State of Texas shall pay for 
such projects, based upon the provisions of section 3, are:
            (1) Canadian River Project authorized by the Act of 
        Congress approved December 29, 1950 (Public Law 81-898), in the 
        amount of $21,187,881. Title to portions of the project owned 
        by the National Park Service, and portions required for flood 
        control operation by the United States Army Corp of Engineers, 
        shall not be transferred.
            (2) Palmetto Bend Project, Texas, authorized by Act of 
        Congress approved October 12, 1968 (Public Law 90-562), in the 
        amount of $33,923,245.
            (3) Nueces River Reclamation Project, authorized by the Act 
        of Congress approved October 27, 1974 (Public Law 93-493), in 
        the amount of $30,715,367.

SEC. 5. COMPLIANCE WITH CURRENT LAW.

    (a) The assumption of Federal nonreimbursable responsibility by the 
current contracting authority or the State of Texas, or public agency 
of the State of Texas, is in compliance with the National Environmental 
Policy Act of 1969 and project purchase review shall not be required 
pursuant thereto.
    (b) Section 213(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 
3(c)) shall not apply to the projects covered by this Act.
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