[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1719 Reported in Senate (RS)]





                                                       Calendar No. 591

104th CONGRESS

  2d Session

                                S. 1719

_______________________________________________________________________

                                 A BILL

 To require the Secretary of the Interior to offer to sell to certain 
 public agencies the indebtedness representing the remaining repayment 
  balance of certain Bureau of Reclamation projects in Texas, and for 
                            other purposes.

_______________________________________________________________________

                           September 13, 1996

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 591
104th CONGRESS
  2d Session
                                S. 1719

 To require the Secretary of the Interior to offer to sell to certain 
 public agencies the indebtedness representing the remaining repayment 
  balance of certain Bureau of Reclamation projects in Texas, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 1996

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

                           September 13, 1996

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to offer to sell to certain 
 public agencies the indebtedness representing the remaining repayment 
  balance of certain Bureau of Reclamation projects in Texas, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Texas Reclamation Projects 
Indebtedness Purchase Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal reclamation laws.--The term ``Federal 
        reclamation laws'' means the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093), and Acts amendatory or supplementary to 
        that Act, (43 U.S.C. 371 et seq.).</DELETED>
        <DELETED>    (2) Non-federal mitigation costs.--The term ``non-
        Federal mitigation costs'' means costs or expenses incurred by 
        a purchaser, whether paid directly or incurred as a reduction 
        of anticipated project benefits, not otherwise included as 
        costs to be repaid by the Federal Government, to mitigate 
        environmental impacts of a project pursuant to law.</DELETED>
        <DELETED>    (3) Present value.--The term ``present value'' 
        means the present value of the unpaid indebtedness of a 
        project, as defined by the project repayment schedule, 
        discounted at the United States Treasury rates on the date of 
        execution of the purchase contract.</DELETED>
        <DELETED>    (4) Project.--The term ``project'' means all or 
        part of a project specified in section 4, including all 
        features, functions, and real and personal property authorized 
        by Congress for any such project.</DELETED>
        <DELETED>    (5) Public agency.--The term ``public agency'' 
        means--</DELETED>
                <DELETED>    (A) a State agency or political 
                subdivision of the State of Texas created under the 
                laws of the State of Texas; or</DELETED>
                <DELETED>    (B) a home rule city created under the 
                laws of the State of Texas.</DELETED>
        <DELETED>    (6) Purchaser.--The term ``purchaser'' means--
        </DELETED>
                <DELETED>    (A) the party that (as of the date of 
                enactment of this Act) has contracted with the United 
                States for repayment of the indebtedness of a project; 
                or</DELETED>
                <DELETED>    (B) if the party referred to in 
                subparagraph (A) declines to complete the contract in 
                accordance with this Act, the State of Texas, or a 
                public agency, that has contracted with the United 
                States for repayment of the indebtedness of a project 
                in accordance with this Act.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. AGREEMENT FOR SALE OF INDEBTEDNESS OF BUREAU OF 
              RECLAMATION PROJECTS IN TEXAS.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall offer to enter into an 
agreement with a purchaser for the purchase of projects in accordance 
with this section.</DELETED>
<DELETED>    (b) Purchase Price.--</DELETED>
        <DELETED>    (1) In general.--Subject to the other provisions 
        of this subsection, the purchase price of a project shall be 
        equal to the present value of the project.</DELETED>
        <DELETED>    (2) Discount for identified liabilities and 
        unrealized benefits.--In the case of a project with an 
        identified liability, or a project from which actual benefits 
        are less than the benefits that are projected at the time of 
        project authorization, the purchase price of the project shall 
        be discounted to the extent of the identified liability or 
        unrealized benefits, as determined by the State of 
        Texas.</DELETED>
        <DELETED>    (3) Discount for bureau payments.--In the case of 
        a project with respect to which the Bureau of Reclamation is 
        obligated to pay a portion of maintenance and operating 
        expenses or payments in lieu of taxes, the purchase price of 
        the project shall be discounted by an amount equal to the 
        anticipated payment by the Bureau of Reclamation for the next 
        50 years.</DELETED>
        <DELETED>    (4) Discount for non-federal costs.--If a 
        purchaser assumes the responsibility for non-Federal mitigation 
        costs of a project, the purchase price of the project shall be 
        discounted to reflect the additional obligations undertaken or 
        costs incurred.</DELETED>
<DELETED>    (c) Conveyance of Land and Improvements.--When the 
purchase price is paid for a project, the Secretary shall convey to the 
purchaser all right, title, and interest of the United States to all 
land and all improvements to the project. An interest may be retained 
by the United States to the extent that the interest is retained under 
subsection (g).</DELETED>
<DELETED>    (d) Operation and Maintenance.--The purchaser shall assume 
all responsibility and liability for operation and maintenance of a 
purchased project.</DELETED>
<DELETED>    (e) Delivery of Projects.--The United States shall provide 
for the performance of work reasonably necessary to provide for the 
delivery of a project, including all facilities and property, in a 
reasonably safe and functional condition and in accordance with good 
maintenance standards.</DELETED>
<DELETED>    (f) Federal Reclamation Law Requirements and Benefits.--On 
full payment of the purchase price required under this section and the 
transfer of a project--</DELETED>
        <DELETED>    (1) the purchaser shall be relieved from 
        compliance with the acreage limitation and other requirements 
        of Federal reclamation laws with respect to the project; 
        and</DELETED>
        <DELETED>    (2) a project beneficiary shall not be eligible to 
        receive benefits available under Federal reclamation laws, 
        unless otherwise authorized by law, with respect to a 
        project.</DELETED>
<DELETED>    (g) Responsibility and Liability for Project.--On 
completion of the purchase of a project, the purchaser shall--
</DELETED>
        <DELETED>    (1) assume sole responsibility and liability for 
        the project purchased as of the date of conveyance of title; 
        and</DELETED>
        <DELETED>    (2) hold the United States harmless and indemnify 
        the United States against all claims of damage;</DELETED>
<DELETED>except to the extent any title or aspect of project operations 
has been retained by the United States.</DELETED>
<DELETED>    (h) Nonreimbursable Costs.--On completion of the purchase 
of a project, the purchaser shall assume responsibility for continued 
implementation of all nonreimbursable costs of the project originally 
authorized by law.</DELETED>
<DELETED>    (i) Effect on Certain Federal Programs.--A program of the 
National Park Service or the Army Corps of Engineers associated with a 
project shall not be affected by the transfer of a project.</DELETED>

<DELETED>SEC. 4. PROJECTS AND PURCHASE PRICE.</DELETED>

<DELETED>    The Secretary shall offer to enter into an agreement with 
a purchaser under section 3 for the purchase of--</DELETED>
        <DELETED>    (1) the Canadian River reclamation project, Texas, 
        authorized by the Act of December 29, 1950 (64 Stat. 1124, 
        chapter 1183; 43 U.S.C. 600b et seq.), for $21,187,881, except 
        that title to portions of the project owned by the National 
        Park Service, and portions required for flood control operation 
        by the Army Corp of Engineers, shall not be 
        transferred;</DELETED>
        <DELETED>    (2) the Palmetto Bend Federal reclamation project, 
        Texas, authorized by Public Law 90-562 (43 U.S.C. 616gggg 
        note), for $33,923,245; and</DELETED>
        <DELETED>    (3) the Nueces River project, Texas, authorized by 
        title X of Public Law 93-493 (43 U.S.C. 600g note), for 
        $30,715,367.</DELETED>

<DELETED>SEC. 5. RELATIONSHIP TO OTHER LAW.</DELETED>

<DELETED>    (a) NEPA.--The assumption of Federal nonreimbursable 
responsibility for a project by a purchaser shall be considered to 
comply with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). Review of the project purchase shall not be required 
pursuant to the Act.</DELETED>
<DELETED>    (b) Repayment of Construction Charges.--Section 213(c) of 
the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(c)) shall not apply 
to a project.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Drought Relief Act of 
1996''.

SEC. 2. EMERGENCY DROUGHT RELIEF.

    (a) Corpus Christi.--
            (1) Emergency drought relief.--On the condition stated in 
        paragraph (2), for the purpose of providing emergency drought 
        relief, the Secretary of the Interior shall defer all principal 
        and interest payments without penalty or accrued interest for a 
        period of 5 years for the city of Corpus Christi, Texas, and 
        the Nueces River Authority under contract no. 6-07-01-X0675 
        involving the Nueces River Reclamation Project, Texas.
            (2) Condition.--The condition stated in this paragraph is 
        that the city of Corpus Christi, Texas, commit to use the funds 
        made available as a result of the deferral under paragraph (1) 
        exclusively for the acquisition of or construction of 
        facilities related to alternative sources of water supply.
            (3) Issuance of permits.--If construction of facilities 
        related to alternative water supplies under paragraph (2) 
        requires a Federal permit for use of Bureau of Reclamation 
        lands or facilities, the Secretary of the Interior shall issue 
        the permit not later than 90 days after the date of enactment 
        of this Act, recognizing the environmental impact statement 
        FES74-54 and the environmental assessment dated March 1991 
        (relating to the Lavaca-Navidad River Authority Pipeline 
        permit).
    (b) Canadian River Municipal Water Authority.--
            (1) Recognition of transfer of lands to the national park 
        service.--
                    (A) In general.--All obligations and associated 
                debt under contract no 14-06-500-485 for land and 
                related relocations transferred to the National Park 
                Service to form the Lake Meredith National Recreation 
                Area under sections 502 through 504 of Public Law 101-
                628 (16 U.S.C. 460eee through 460eee-2), in the amount 
                of $4,000,000, shall be nonreimbursable.
                    (B) Recalculation of repayment schedule.--Not later 
                than 1 year after the date of enactment of this Act, 
                the Secretary of the Interior shall recalculate the 
                repayment schedule of the Canadian River Municipal 
                Water Authority to reflect the nonreimbursability of 
                obligations and associated debt under subparagraph (A).
            (2) Emergency drought relief.--The Secretary shall defer 
        all principal and interest payments without penalty or accrued 
        interest for a period of 3 years for the Canadian River 
        Municipal Water Authority under contract no. 14-06-500-485 as 
        emergency drought relief to enable construction of additional 
        water supply and conveyance facilities.
            Amend the title so as to read: ``A Bill to provide 
        emergency drought relief to the city of Corpus Christi, Texas, 
        and the Canadian River Municipal Water Authority, Texas, and 
        for other purposes.''.