[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3822 Introduced in House (IH)]







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 Representatives 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 
        pursuant 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 Authority, 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, authorized by Act 
approved October 12, 1968 (Public Law 90-562; 82 Stat. 999).
    (b) Consideration.--
            (1) Amount.--The consideration for the transfer 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 discount rate.--The 
        amount specified in paragraph (1) shall be increased or 
        decreased by the same percentage 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 LIABILITIES BY STATE OF 
              TEXAS AND LOCAL ENTITIES.

    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 implementation of Federal 
        nonreimbursable aspects of the project and shall agree to hold 
        public hearings concerning 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 liability 
                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 arising after such date 
        to comply with the Federal reclamation laws, and
            (2) the project beneficiaries shall not thereafter be 
        eligible to receive reclamation benefits available pursuant to 
        the Federal reclamation laws unless otherwise authorized by 
        Congress.
    (c) Compliance With Current Law.--The Congress finds that the 
assumption of Federal nonreimbursable responsibility by the State of 
Texas and the transferee of the project is in compliance with the 
National Environmental Policy Act of 1969, and therefore project 
purchase 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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