[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3832 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3832

   To direct the Secretary of the Interior to establish criteria to 
   transfer title to reclamation facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to establish criteria to 
   transfer title to reclamation 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 Facility Title Transfer 
Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe, band, Nation, or other organized group or 
        community that is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            (2) Project beneficiary.--The term ``project beneficiary'' 
        means 1 or more contractors or other persons or entities that 
        receive a direct benefit under 1 or more of the authorized 
        purposes for a reclamation facility.
            (3) Reclamation facility.--
                    (A) In general.--The term ``reclamation facility'' 
                means any single-purpose or multipurpose structure, 
                reservoir, impoundment, ditch, canal, pumping station, 
                or other facility for the storage, diversion, 
                distribution, or conveyance of water--
                            (i) that is--
                                    (I) authorized by Federal 
                                reclamation law; and
                                    (II) constructed by the United 
                                States under that law;
                            (ii) for which the United States holds 
                        title; and
                            (iii) for which any non-Federal 
                        construction repayment obligations, as 
                        applicable, have been fulfilled.
                    (B) Inclusions.--The term ``reclamation facility'' 
                includes any land that is appurtenant to, and any 
                administrative buildings associated with, a reclamation 
                facility.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (5) Stakeholder.--The term ``stakeholder'' means--
                    (A) a project beneficiary; and
                    (B) any person that--
                            (i) receives an indirect benefit from a 
                        reclamation facility; or
                            (ii) may be particularly affected by any 
                        transfer of title to a reclamation facility.

SEC. 3. TITLE TRANSFER.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall establish criteria for the transfer of 
title to reclamation facilities from the United States to project 
beneficiaries or an entity approved by project beneficiaries.
    (b) Inclusions.--The criteria established under subsection (a) 
shall include--
            (1) criteria requiring that--
                    (A) project beneficiaries (or an entity approved by 
                the project beneficiaries) be willing to have title to 
                a reclamation facility transferred to the project 
                beneficiaries;
                    (B) if the project beneficiaries have not yet 
                assumed operations, maintenance, and rehabilitation of 
                the applicable reclamation facility, the project 
                beneficiaries be capable of assuming operations, 
                maintenance, and rehabilitation of the reclamation 
                facility;
                    (C) if there are multiple project beneficiaries, 
                there is an agreement among multiple project 
                beneficiaries relating to the transfer of title to a 
                reclamation facility; and
                    (D) project beneficiaries be willing to assume any 
                liability associated with the reclamation facility for 
                which title is proposed to be transferred;
            (2) criteria requiring an assessment by the Secretary of--
                    (A) any effects that the transfer of title would 
                have on the ability of the Federal Government to carry 
                out the trust responsibility of the Federal Government 
                with respect to any Indian tribe;
                    (B) the cost savings to the United States if title 
                to a reclamation facility is transferred;
                    (C) the interest of the project beneficiaries in 
                owning the reclamation facility;
                    (D) any environmental considerations associated 
                with the transfer of title to a reclamation facility;
                    (E) whether stakeholders will be adversely impacted 
                by the transfer;
                    (F) the ability of project beneficiaries to meet 
                financial obligations associated with a reclamation 
                facility, including--
                            (i) transactional costs; and
                            (ii) costs associated with meeting the 
                        compliance requirements of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.);
                    (G) any legal considerations associated with the 
                transfer of title to a reclamation facility, including 
                any Federal, State, tribal, and local laws, 
                international treaties, and interstate compacts that 
                apply to the transfer of title of a reclamation 
                facility to project beneficiaries; and
                    (H) the willingness and ability of project 
                beneficiaries to fulfill any legal obligations 
                associated with receiving title to a reclamation 
                facility, including compliance with any Federal, State, 
                tribal, and local laws, international treaties, and 
                interstate compacts that apply to the transfer of title 
                of a reclamation facility to project beneficiaries;
            (3) procedures for--
                    (A) soliciting stakeholder involvement in the 
                transfer of title to a reclamation facility; and
                    (B) involving appropriate Federal, State, and local 
                entities in evaluating and carrying out the transfer of 
                title to a reclamation facility;
            (4) the requirement that the Secretary prepare a 
        comprehensive list of any items that need to be accomplished 
        before the transfer of title to a reclamation facility;
            (5) procedures to allow the Secretary to address real 
        property and cultural and historic preservation issues in a 
        more efficient manner; and
            (6) any other criteria that the Secretary determines to be 
        appropriate.
    (c) Use of Existing Criteria.--For purposes of establishing the 
criteria under subsection (a), the Secretary shall, to the maximum 
extent practicable and consistent with this Act, incorporate any 
applicable criteria that are in existence on the date of enactment of 
this Act, including the criteria for the transfer of title to 
uncomplicated projects described in the Bureau of Reclamation document 
entitled ``Framework for the Transfer of Title: Bureau of Reclamation 
Projects'' and dated August 7, 1995.

SEC. 4. REPORT.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Resources of the House of 
Representatives a report that includes any recommendations of the 
Secretary with respect to which reclamation facilities may be 
appropriate for transfer in accordance with the criteria established 
under section 3(a).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$2,000,000 for the period of fiscal years 2007 through 2010.

SEC. 6. TERMINATION OF AUTHORITY.

    The authority of the Secretary to carry out this Act terminates on 
the date that is 5 years after the date of enactment of this Act.
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