Short title

This Act may be cited as the

Reclamation Title Transfer Act of 2008

Definitions

In this Act: (1)

Eligible facility

The term eligible facility means a reclamation project or facility, or a portion of such a project or facility (which may include dams and appurtenant works, water rights, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated lands or interests in lands or water) that meets the criteria for potential transfer established pursuant to section 5. (2)

Qualifying entity

The term qualifying entity means an agency of a State or local government or an Indian tribe, a municipal corporation, public agency, or other entity such as a water district, that— (A)held or holds a water service contract, repayment contract, water rights settlement contract or exchange contract providing for water service from the eligible facility to be transferred; and (B)as determined by the Secretary has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under reclamation law. (3)

Secretary

The term Secretary means the Secretary of the Interior. (4)

Conveyed property

The term conveyed property means an eligible facility that has been transferred out of Federal ownership under this Act.

Authorization of title transfer program

(a)

Title transfer program

Not later than one year after the date of the enactment of this Act, the Secretary shall establish a program to— (1)identify and analyze the potential for public benefits from the transfer out of Federal ownership of eligible facilities, which may include an analysis of the financial, operational, water supply, and environmental characteristics of the properties proposed for transfer; and (2)facilitate transfer of title of eligible facilities out of Federal ownership to promote more efficient management of water and water-related facilities. (b)

Authorization To transfer title to eligible facilities

The Secretary, without further authorization from Congress, is authorized to convey all right, title, and interest in any eligible facility to a qualifying entity, provided that— (1)the Secretary shall retain any mineral interests associated with the conveyed property, but all mineral interests retained by the United States under this Act shall be managed consistent with Federal law in a manner so as not to interfere with the purposes for which the eligible facility was authorized; (2)interests in water shall be conveyed under this Act by a written Agreement between the Secretary and the qualifying entity; and (3)interests in eligible facilities shall be conveyed under this Act by a written Agreement between the Secretary and the qualifying entity, developed in consultation with the existing power customers of the eligible facility.

Compliance with environmental and historic preservation laws

Before conveying land and facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including— (1)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3)the National Historic Preservation Act of 1966 (16 U.S.C. 470a et seq.).

Eligibility criteria for title transfer under this Act

Not later than one year after the date of the enactment of this Act, the Secretary shall establish criteria for determining whether facilities are eligible for title transfer under this Act. The criteria shall include the following minimum requirements: (1)A qualifying entity agrees to accept title to the property proposed for transfer. (2)The proposed title transfer will not have an unmitigated significant effect on the environment. (3)The qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time the Secretary evaluates the potential transfer. (4)The transfer is consistent with the Secretary’s responsibility to protect land and water resources held in trust for federally recognized Indian tribes. (5)The transfer is consistent with the Secretary’s responsibility to ensure compliance with international treaties and interstate compacts. (6)The qualifying entity agrees to provide, as consideration for the assets to be conveyed, compensation to the United States worth the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the assets to be transferred at the time of the transfer. (7)Interests in water shall only be eligible for conveyance under this Act— (A)in connection with a conveyance of title to associated land or infrastructure; and (B)when the qualifying entity already has a contractual right to delivery or other interest or use right in the water being considered for conveyance. (8)No conveyance under this Act may— (A)adversely impact power rates or repayment obligations; or (B)include a Federal facility that produces power that is sold to or eligible to be sold to power customers pursuant to section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)).

Liability

Effective upon the date of conveyance of any eligible facility pursuant to this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property.

Benefits

After a conveyance of title under this Act— (1)the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2)the entity to which the property is conveyed shall not be eligible to receive any benefits, including project power, with respect to the conveyed property, except benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.

Compliance with other laws

(a)

In general

After a conveyance of title under this Act, the entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws and regulations in its operation of the conveyed property. (b)

Applicable authority

In accordance with section 213(a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269), the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplementary thereto and amendatory thereof) shall not apply to water in which an interest is conveyed to a qualifying entity under this Act, except that all provisions of Federal reclamation law shall be applicable to project water provided to the entity from facilities that are part of a Federal reclamation project.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this Act. These funds may be used to carry out the investigations authorized under this Act, and for other costs associated with title transfer under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal law. Expenditures made by the Secretary under this Act shall not be a project cost assignable to any Federal reclamation project and shall be nonreimbursable.

10.

Report

Not later than two years after the date that funds are made available for this Act, the Secretary shall submit a report to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate. The report shall— (1)describe actions taken to implement this Act; (2)list conveyances made under this Act; (3)state the amount of Federal funds obligated or expended to carry out this Act; and (4)describe factors that limit conveyances under in this Act.

11.

Reclamation law

This Act shall amend and supplement the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371 et seq.).