1.This Act may be cited as
the Reclamation Facility Title
Transfer Act of 2006
.
2.In this Act:
(1)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)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)
(A)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)The
term reclamation facility
includes any land that is appurtenant
to, and any administrative buildings associated with, a reclamation
facility.
(4)The
term Secretary means the Secretary of the Interior, acting through
the Commissioner of Reclamation.
(5)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.
3.
(a)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)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)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.
4.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).
5.Authorization of
appropriationsThere is
authorized to be appropriated to carry out this Act $2,000,000 for the period
of fiscal years 2007 through 2010.
6.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.