[Congressional Record Volume 144, Number 110 (Thursday, August 6, 1998)]
[House]
[Pages H7401-H7402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CANADIAN RIVER PROJECT PREPAYMENT ACT
Mr. THORNBERRY. Mr. Speaker, I ask unanimous consent that the
Committee on Resources be discharged from further consideration of the
bill (H.R. 3687) to authorize prepayment of amounts due under a water
reclamation project contract for the Canadian River Project, Texas, and
ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
Mr. SKAGGS. Mr. Speaker, reserving the right to object, and I do not
intend to object, I yield to the gentleman from Texas for a brief
explanation of the bill if he would be so kind.
Mr. THORNBERRY. I thank the gentleman for yielding.
Mr. Speaker, H.R. 3687 by myself authorizes prepayment of amounts due
under a water reclamation project contract for the Canadian River
Project in Texas and is cosponsored by the gentleman from Texas (Mr.
Stenholm) and the gentleman from Texas (Mr. Combest).
Mr. Speaker, I would first like to recognize Mr. Stenholm and Mr.
Combest, cosponsors of this bill, for all their work in bringing this
bill to the floor and in this matter generally over the past two years.
This bill does not authorize transfer of the title to any Government
property. It is strictly a bill to authorize prepayment of a debt.
Title transfer is already authorized by the original Project
authorization act and by the repayment contract to take place
automatically when the debt is paid.
H.R. 3687 has the support of all the affected or involved parties.
There is bipartisan support for the bill and the Bureau of Reclamation
representatives have stated that the bill has their support.
Passage of H.R. 3687 is badly needed during the current session of
Congress. Further delay will cause the eleven cities which are members
of CRMWA to suffer unnecessary hardship, especially if the current
drought in Texas were to continue into next year. H.R. 3687 and the
subsequent title transfer will clear the way for CRMWA to provide
additional supplies which will prevent water shortages.
Over five hundred thousand people rely on water from the Canadian
River Municipal Water Authority. This legislation will ensure that they
have access to a safe, clean and abundant supply of water. I urge your
support for this important legislation.
Mr. SKAGGS. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The Clerk read the bill, as follows:
H.R. 3687
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PREPAYMENT OF CONTRACT FOR CANADIAN RIVER PROJECT,
TEXAS.
(a) Prepayment Authorized.--Prepayment of the amount due
under Bureau of Reclamation contract number 14-06-500-485 for
the Canadian River Project, Texas, may be made by tender of
an appropriate discounted present value amount, as determined
by the Secretary of the Interior.
(b) Conveyance.--Upon payment of the amount determined by
the Secretary of the Interior under subsection (a), the
Secretary shall convey to the Canadian River Municipal Water
Authority all right, title, and interest of the United States
in and to the project pipeline and related facilities
authorized by Public Law 81-898 and Bureau of Reclamation
contract number 14-06-500-485, including the headquarters
facilities of the Authority.
Amendment in the Nature of a Substitute Offered by Mr. Thornberry
Mr. THORNBERRY. Mr. Speaker, I offer an amendment in the nature of a
substitute.
The Clerk read as follows:
Amendment in the nature of a substitute offered by Mr.
Thornberry: Strike out all after the enacting clause and
insert:
H.R. 3687
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 ``Canadian River Project
Prepayment Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Authority'' means the Canadian River
Municipal Water Authority, a conservation and reclamation
district of the State of Texas.
(2) The term ``Canadian River Project Authorization Act''
means the Act entitled ``An Act to authorize the
construction, operation, and maintenance by the Secretary of
the Interior of the Canadian River reclamation project,
Texas'', approved December 29, 1950 (chapter 1183; 64 Stat.
1124).
(3) The term ``Project'' means all of the right, title and
interest in and to all land and improvements comprising the
pipeline and related facilities of the Canadian River Project
authorized by the Canadian River Project Authorization Act.
(4) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) In General.--(1) In consideration of the Authority
accepting the obligation of the Federal Government for the
Project and subject to the payment by the Authority of the
applicable amount under paragraph (2) within the 360-day
period beginning on the date of the enactment of this Act,
the Secretary shall convey the Project to the Authority, as
provided in section 2(c)(3) of the Canadian River Project
Authorization Act (64 Stat. 1124).
(2) For purposes of paragraph (1), the applicable amount
shall be--
(A) $34,806,731, if payment is made by the Authority within
the 270-day period beginning on the date of enactment of this
Act; or
(B) the amount specified in subparagraph (A) adjusted to
include interest on that amount since the date of the
enactment of this Act at the appropriate Treasury bill rate
for an equivalent term, if payment is made by the Authority
after the period referred to in subparagraph (A).
(3) If payment under paragraph (1) is not made by the
Authority within the period specified in paragraph (1), this
Act shall have no force or effect.
(b) Financing.--Nothing in this Act shall be construed to
affect the right of the Authority to use a particular type of
financing.
[[Page H7402]]
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act shall be construed as
significantly expanding or otherwise changing the use or
operation of the Project from its current use and operation.
(b) Future Alterations.--If the Authority alters the
operations or uses of the Project it shall comply with all
applicable laws or regulations governing such alteration at
that time.
(c) Recreation.--The Secretary of the Interior, acting
through the National Park Service, shall continue to operate
the Lake Meredith National Recreation Area at Lake Meredith.
(d) Flood Control.--The Secretary of the Army, acting
through the Corps of Engineers, shall continue to prescribe
regulations for the use of storage allocated to flood control
at Lake Meredith as prescribed in the Letter of Understanding
entered into between the Corps, the Bureau of Reclamation,
and the Authority in March and May 1980.
(e) Sanford Dam Property.--The Authority shall have the
right to occupy and use without payment of lease or rental
charges or license or use fees the property retained by the
Bureau of Reclamation at Sanford Dam and all buildings
constructed by the United States thereon for use as the
Authority's headquarters and maintenance facility. Buildings
constructed by the Authority on such property, or past and
future additions to Government constructed buildings, shall
be allowed to remain on the property. The Authority shall
operate and maintain such property and facilities without
cost to the United States.
SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Extinguished.--Provision of
consideration by the Authority in accordance with section
3(b) shall extinguish all payment obligations under contract
numbered 14-06-500-485 between the Authority and the
Secretary.
(b) Operation and Maintenance Costs.--After completion of
the conveyance provided for in section 3, the Authority shall
have full responsibility for the cost of operation and
maintenance of Sanford Dam, and shall continue to have full
responsibility for operation and maintenance of the Project
pipeline and related facilities.
(c) General.--Rights and obligations under the existing
contract No. 14-06-500-485 between the Authority and the
United States, other than provisions regarding repayment of
construction charge obligation by the Authority and
provisions relating to the Project aqueduct, shall remain in
full force and effect for the remaining term of the contract.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this Act, the
Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not apply to
the Project.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the Project 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 relating
to the conveyed property.
Mr. THORNBERRY (during the reading). Mr. Speaker, I ask unanimous
consent that the amendment in the nature of a substitute be considered
as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. The question is on the amendment in the
nature of a substitute offered by the gentleman from Texas (Mr.
Thornberry).
The amendment in the nature of a substitute was agreed to.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
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