[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2085 Reported in Senate (RS)]






                                                       Calendar No. 817
110th CONGRESS
  2d Session
                                H. R. 2085

                          [Report No. 110-385]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2007

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 16, 2008

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 AN ACT


 
To authorize the Secretary of the Interior to convey to the McGee Creek 
Authority certain facilities of the McGee Creek Project, Oklahoma, 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 ``McGee Creek Project Pipeline and 
Associated Facilities Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        numbered 06-AG-60-2115 and entitled ``Agreement Between the 
        United States of America and McGee Creek Authority for the 
        Purpose of Defining Responsibilities Related to and 
        Implementing the Title Transfer of Certain Facilities at the 
        McGee Creek Project, Oklahoma''.
            (2) Authority.--The term ``Authority'' means the McGee 
        Creek Authority located in Oklahoma City, Oklahoma.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSOCIATED 
              FACILITIES.

    (a) Authority To Convey.--
            (1) In general.--In accordance with all applicable laws and 
        consistent with any terms and conditions provided in the 
        Agreement, the Secretary may convey to the Authority all right, 
        title, and interest of the United States in and to the pipeline 
        and any associated facilities described in the Agreement, 
        including--
                    (A) the pumping plant;
                    (B) the raw water pipeline from the McGee Creek 
                pumping plant to the rate of flow control station at 
                Lake Atoka;
                    (C) the surge tank;
                    (D) the regulating tank;
                    (E) the McGee Creek operation and maintenance 
                complex, maintenance shop, and pole barn; and
                    (F) any other appurtenances, easements, and fee 
                title land associated with the facilities described in 
                subparagraphs (A) through (E), in accordance with the 
                Agreement.
            (2) Exclusion of mineral estate from conveyance.--
                    (A) In general.--The mineral estate shall be 
                excluded from the conveyance of any land or facilities 
                under paragraph (1).
                    (B) Management.--Any mineral interests retained by 
                the United States under this Act shall be managed--
                            (i) consistent with Federal law; and
                            (ii) in a manner that would not interfere 
                        with the purposes for which the McGee Creek 
                        Project was authorized.
            (3) Compliance with agreement; applicable law.--
                    (A) Agreement.--All parties to the conveyance under 
                paragraph (1) shall comply with the terms and 
                conditions of the Agreement, to the extent consistent 
                with this Act.
                    (B) Applicable law.--Before any conveyance under 
                paragraph (1), the Secretary shall complete any actions 
                required under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (iii) the National Historic Preservation 
                        Act (16 U.S.C. 470 et seq.); and
                            (iv) any other applicable laws.
    (b) Operation of Transferred Facilities.--
            (1) In general.--On the conveyance of the land and 
        facilities under subsection (a)(1), the Authority shall comply 
        with all applicable Federal, State, and local laws (including 
        regulations) in the operation of any transferred facilities.
            (2) Operation and maintenance costs.--
                    (A) In general.--After the conveyance of the land 
                and facilities under subsection (a)(1) and consistent 
                with the Agreement, the Authority shall be responsible 
                for all duties and costs associated with the operation, 
                replacement, maintenance, enhancement, and betterment 
                of the transferred land and facilities.
                    (B) Limitation on funding.--The Authority shall not 
                be eligible to receive any Federal funding to assist in 
                the operation, replacement, maintenance, enhancement, 
                and betterment of the transferred land and facilities, 
                except for funding that would be available to any 
                comparable entity that is not subject to reclamation 
                laws.
    (c) Release From Liability.--
            (1) In general.--Effective beginning on the date of the 
        conveyance of the land and facilities under subsection (a)(1), 
        the United States shall not be liable for damages of any kind 
        arising out of any act, omission, or occurrence relating to any 
        land or facilities conveyed, except for damages caused by acts 
        of negligence committed by the United States (including any 
        employee or agent of the United States) before the date of the 
        conveyance.
            (2) No additional liability.--Nothing in this subsection 
        adds to any liability that the United States may have under 
        chapter 171 of title 28, United States Code.
    (d) Contractual Obligations.--
            (1) In general.--Except as provided in paragraph (2), any 
        rights and obligations under the contract numbered 0-07-50-
        X0822 and dated October 11, 1979, between the Authority and the 
        United States for the construction, operation, and maintenance 
        of the McGee Creek Project, shall remain in full force and 
        effect.
            (2) Amendments.--With the consent of the Authority, the 
        Secretary may amend the contract described in paragraph (1) to 
        reflect the conveyance of the land and facilities under 
        subsection (a)(1).
    (e) Applicability of the Reclamation Laws.--Notwithstanding the 
conveyance of the land and facilities under subsection (a)(1), the 
reclamation laws shall continue to apply to any project water provided 
to the Authority.
                                                       Calendar No. 817

110th CONGRESS

  2d Session

                               H. R. 2085

                          [Report No. 110-385]

_______________________________________________________________________

                                 AN ACT

To authorize the Secretary of the Interior to convey to the McGee Creek 
Authority certain facilities of the McGee Creek Project, Oklahoma, and 
                          for other purposes.

_______________________________________________________________________

                             June 16, 2008

                       Reported without amendment