[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2034 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2034

 To authorize the Secretary of the Interior to establish a program to 
    facilitate the transfer to non-Federal ownership of appropriate 
      reclamation projects or facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2014

  Mr. Schatz 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 establish a program to 
    facilitate the transfer to non-Federal ownership of appropriate 
      reclamation projects or 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 Title Transfer Act of 
2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conveyed property.--The term ``conveyed property'' 
        means an eligible facility that has been conveyed to a 
        qualifying entity under section 3(b)(1).
            (2) Eligible facility.--
                    (A) In general.--The term ``eligible facility'' 
                means a reclamation project or facility, or a portion 
                of a reclamation project or facility, for which the 
                United States holds title and that meets the criteria 
                for potential transfer established under section 5(a).
                    (B) Inclusions.--The term ``eligible facility'' 
                includes dams and appurtenant works, infrastructure, 
                recreational facilities, buildings, distribution and 
                drainage works, and associated land or interests in 
                land or water.
            (3) Qualifying entity.--The term ``qualifying entity'' 
        means a State, unit of local government, Indian tribe, 
        municipal corporation, quasi-municipal corporation, or other 
        entity (such as a water district) that, as determined by the 
        Secretary, has the capacity to continue to manage the conveyed 
        property for the same purposes that the conveyed property has 
        been managed for under the reclamation laws.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of the Bureau 
        of Reclamation.

SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM.

    (a) Establishment of Title Transfer Program.--The Secretary may 
establish a program that--
            (1) identifies and analyzes the potential for public 
        benefits from the transfer out of Federal ownership of eligible 
        facilities, including analyses of the financial, operational, 
        and environmental characteristics of the eligible facilities 
        proposed for transfer; and
            (2) facilitates the transfer to qualifying entities of the 
        title to eligible facilities to promote more efficient 
        management of water and water-related facilities.
    (b) Authorization To Transfer Title to Eligible Facilities.--
            (1) In general.--The Secretary, without further 
        authorization from Congress, may convey to a qualifying entity 
        all right, title, and interest of the United States in and to 
        any eligible facility, subject to paragraphs (2) through (6).
            (2) Right of first refusal.--If the entity that operates an 
        eligible facility at the time that the Secretary attempts to 
        facilitate the transfer of title under subsection (a)(2) is a 
        qualifying entity, that entity shall have the right of first 
        refusal to receive the conveyance under paragraph (1).
            (3) Reservation of easement.--The Secretary may reserve an 
        easement over a conveyed property if the Secretary determines 
        that the easement is necessary for the management of any 
        interests retained by the Federal Government under this Act.
            (4) Mineral interests.--
                    (A) Retention.--The Secretary shall retain any 
                mineral interests associated with a conveyed property.
                    (B) Management.--The mineral interests retained 
                under subparagraph (A) shall be managed--
                            (i) consistent with Federal law; and
                            (ii) in a manner that would not interfere 
                        with the purposes for which the reclamation 
                        project was authorized.
            (5) Interests in water.--No interests in water shall be 
        conveyed under this Act unless the conveyance is provided for 
        in writing in an agreement between the Secretary and the 
        qualifying entity.
            (6) Additional criteria.--Title transfers under this 
        section shall be carried out consistent with--
                    (A) this Act; and
                    (B) any additional criteria or procedures that the 
                Secretary determines to be in the public interest.
    (c) Restrictions on Use.--As a condition of obtaining title to an 
eligible facility, the qualifying entity shall agree to use the 
eligible facility for substantially the same purposes the eligible 
facility is being used for during the period in which the eligible 
facility was under reclamation ownership.

SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS.

    Before conveying eligible 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 (16 U.S.C. 470 
        et seq.).

SEC. 5. ELIGIBILITY CRITERIA.

    (a) Establishment.--The Secretary shall establish criteria for 
determining whether facilities are eligible for conveyance under this 
Act.
    (b) Minimum Requirements.--
            (1) Agreement of qualifying entity.--The criteria 
        established under subsection (a) shall include a requirement 
        that a qualifying entity agree--
                    (A) to accept title to the eligible facility;
                    (B) to accept all liability for the eligible 
                facility, except as otherwise provided in section 6;
                    (C) to use the eligible facility for substantially 
                the same purposes the eligible facility is being used 
                for at the time the Secretary evaluates the potential 
                transfer; and
                    (D) to provide, as consideration for the assets to 
                be conveyed, compensation to the United States in an 
                amount that is 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 
                eligible facility to be transferred as of the date of 
                the transfer.
            (2) Determinations of secretary.--
                    (A) In general.--The criteria established under 
                subsection (a) shall include a requirement that the 
                Secretary, in consultation with the Governor of any 
                State in which the project is located, determine that 
                the proposed transfer--
                            (i) would not have an unmitigated 
                        significant effect on the environment;
                            (ii) is uncomplicated, based on, as 
                        determined by the Secretary--
                                    (I) there being no significant 
                                opposition to the proposed transfer;
                                    (II) the eligible facility not 
                                being hydrologically integrated with 
                                other Federal or non-Federal water 
                                projects;
                                    (III) the eligible facility not 
                                generating significant quantities of 
                                electric power sold to, or eligible to 
                                be sold to, power customers (other than 
                                the project itself); and
                                    (IV) the parties to the transfer 
                                being able to reach agreement on legal, 
                                institutional, and financial 
                                arrangements relating to the 
                                conveyance;
                            (iii) is consistent with the responsibility 
                        of the Secretary--
                                    (I) to protect land and water 
                                resources held in trust for federally 
                                recognized Indian tribes; and
                                    (II) to ensure compliance with any 
                                applicable international treaties and 
                                interstate compacts; and
                            (iv) is in the financial interest of the 
                        United States.
                    (B) Publication.--The Secretary shall make 
                publically available information on how the Secretary 
                made the determinations under subparagraph (A).
            (3) Status of reclamation land.--The criteria established 
        under subsection (a) shall require that any land to be conveyed 
        out of Federal ownership under this Act is--
                    (A) land acquired by the Secretary; or
                    (B) land withdrawn by the Secretary, only if--
                            (i) the Secretary determines in writing 
                        that the withdrawn land is encumbered by 
                        reclamation project facilities to the extent 
                        that the withdrawn land is unsuitable for 
                        return to the public domain; and
                            (ii) the qualifying entity agrees to pay 
                        fair market value for the withdrawn land to be 
                        conveyed.

SEC. 6. LIABILITY.

    (a) In General.--Except as provided in subsection (b), effective 
beginning on the date of conveyance of any eligible facility under 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 the 
prior ownership or operation of the conveyed property.
    (b) Limitation.--Notwithstanding subsection (a), the United States 
shall retain the responsibilities and authorities of the United States 
for a conveyed property based on the prior ownership or operation of 
the conveyed property by the United States under Federal environmental 
laws, including the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 7. BENEFITS.

    After a conveyance of an eligible facility under this Act--
            (1) the conveyed property shall no longer be considered to 
        be a part of a reclamation project; and
            (2) the entity to which the conveyed property is conveyed 
        shall not be eligible to receive any benefits with respect to 
        the conveyed property (including project power), except for 
        benefits that would be available to a similarly situated entity 
        with respect to property that is not part of a reclamation 
        project.

SEC. 8. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--After a conveyance of title under this Act, the 
qualifying entity to which the property is conveyed shall comply with 
all applicable Federal, State, and local laws (including regulations) 
in the operation of the conveyed property.
    (b) Effect.--
            (1) In general.--Nothing in this Act shall affect or 
        interfere with--
                    (A) the laws of any State relating to the control, 
                appropriation, use, or distribution of water used in 
                irrigation or for any other purpose;
                    (B) any vested right acquired under State law; or
                    (C) any interstate compact, decree, or negotiated 
                water rights agreement.
            (2) Conformity with state law.--In carrying out this Act, 
        the Secretary shall proceed in conformity with the State laws 
        and rights acquired under State law described in paragraph (1).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act such sums as are necessary.
    (b) Use of Amounts.--Amounts made available under subsection (a) 
may be used--
            (1) to carry out the investigations to carry out this Act; 
        and
            (2) to pay any other costs associated with conveyances 
        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 law.
    (c) Not Treated as Project Costs.--Expenditures made by the 
Secretary under this Act--
            (1) shall not be a project cost assignable to a reclamation 
        project; and
            (2) shall be nonreimbursable.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to carry out conveyances under this 
Act shall terminate 15 years after the date of enactment of this Act.
                                 <all>