II 111th CONGRESS 1st Session S. 192 IN THE SENATE OF THE UNITED STATES January 9, 2009 Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL 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.

1.

Short title

This Act may be cited as the McGee Creek Project Pipeline and Associated Facilities Conveyance Act.

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.

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.