[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1474 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1474

 Providing for conveyance of the Palmetto Bend project to the State of 
                                 Texas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 1999

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

_______________________________________________________________________

                                 A BILL


 
 Providing for conveyance of the Palmetto Bend project to the State of 
                                 Texas.

    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 Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Project.--The term ``Project'' means the Palmetto Bend 
        Reclamation Project in the State of Texas authorized under 
        Public Law 90-562 (82 Stat. 999).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Texas, 
        acting through the Texas Water Development Board and/or the 
        Lavaca-Navidad River Authority, or both.

SEC. 3. CONVEYANCE.

    On receipt of payment in accordance with section 5(a), the 
Secretary shall convey to the State the title and all rights and 
interests (excluding the mineral estate) in and to the Project held by 
the United States.

SEC. 4. COMPLETION OF CONVEYANCE.

    (a) In General.--The Secretary shall expeditiously complete the 
conveyance under section 3 including such actions as may be required 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
    (b) Report.--If the conveyance under section 3 is completed later 
than 1 year and 180 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report that describes--
            (1) the status of the conveyance;
            (2) any obstacles to completion of the conveyance; and
            (3) the anticipated date for completion of the conveyance.

SEC. 5. PAYMENT.

    (a) In General.--As a condition of the conveyance under section 3, 
the State shall pay to the Secretary $48,000,000.
    (b) Obligation Extinguished.--On payment by the State under 
subsection (a), the obligation of the State under the Bureau of 
Reclamation contract numbered 14-06-500-1880, as amended, shall be 
extinguished.
    (c) Additional Costs.--In addition to the payment under subsection 
(a), as a condition of conveyance, the State shall bear the cost of all 
boundary surveys, title searches, appraisals, and other transaction 
costs for the conveyance.
    (d) Financing.--Nothing in this Act shall be construed to affect 
the right of the State to use a particular type of financing.
    (e) Reclamation Fund.--All funds paid by the State to the Secretary 
under this section shall be credited to the Reclamation Fund in the 
Treasury of the United States.

SEC. 6. FUTURE MANAGEMENT.

    (a) In General.--As a condition of the conveyance under section 3, 
the land, water, facilities, and mineral estate of the Project shall 
continue to be managed by the State and operated for the purposes for 
which the Project was originally authorized, based on current use and 
historic operation, to ensure the implementation of fish, wildlife, and 
recreational activities.
    (b) Existing Obligations.--As a condition of the conveyance under 
section 3, the State shall assume all obligations of the United States 
associated with the Project existing on the date of the conveyance, 
including obligations under contracts, for recreation, fish and 
wildlife, easements, and any permits or license agreements.

SEC. 7. MINERAL DEVELOPMENT.

    (a) In General.--All mineral interests in the Project retained by 
the United States on completion of the conveyance under section 3 shall 
be subject to continued use by the State for the purposes for which the 
Project was authorized, including--
            (1) maintenance of the municipal and industrial water 
        supply;
            (2) recreation; and
            (3) fish and wildlife activities.
    (b) Surface Estate.--The surface estate of the Project may be used 
for exploration, development, or production of oil, gas, or minerals 
only on approval by the State.

SEC. 8. LIABILITY.

    (a) In General.--Effective on the date of conveyance of the 
Project, except as relates to retained mineral interests, the United 
States shall not be liable for damages of any kind arising out of any 
act, omission, or occurrence with respect to the Project, except for 
damages caused by acts of negligence committed prior to the date of 
conveyance by--
            (1) the United States; or
            (2) an employee, agent, or contractor of the United States.
    (b) No Increase Liability.--Nothing in this section increases the 
liability of the United States beyond that provided for in chapter 171 
of title 28, United States Code.

SEC. 9. FUTURE BENEFITS.

    (a) Deauthorization.--Effective on the date of conveyance of the 
Project, the Project conveyance under this Act shall be deauthorized.
    (b) No Reclamation Benefits.--After deauthorization of the Project 
under subsection (a), the State shall not be entitled to receive any 
benefits under Federal reclamation law (the Act of June 17, 1902 (32 
Stat. 388, chapter 1093), and Acts supplemental to and amendatory of 
that Act (43 U.S.C. 371 et seq.)).
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