[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10570-H10571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PALMETTO BEND CONVEYANCE ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1474) providing for conveyance of the Palmetto Bend
project to the State of Texas.
The Clerk read as follows:
S. 1474
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 ``Palmetto Bend Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Project.--the term ``Project'' means the Palmetto Bend
Reclamation Project in the State of Texas authorized under
Public Law 90-562 (82 Stat. 999).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Texas,
acting through the Texas Water Development Board or the
Lavaca-Navidad River Authority or both.
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary shall, as soon as
practicable after the date of enactment of this Act and in
accordance with all applicable law, and subject to the
conditions set forth in sections 4 and 5, convey to the State
all right, title and interest (excluding the mineral estate)
in and to the Project held by the United States.
(b) Report.--If the conveyance under Section 3 has not been
completed within 1 year and 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As a condition of the conveyance, the
State shall pay the Secretary the adjusted net present value
of current repayment obligations on the Project, calculated
30 days prior to closing using a discount rate equal to the
average interest rate on 30-year United States Treasury notes
during the proceeding calendar month, which following
application of the State's August 1, 1999 payment, was, as of
October 1999, calculated to be $45,082,675 using a discount
rate of 6.070 percent. The State shall also pay interest on
the adjusted net present value of current repayment
obligations from the date of the State's most recent annual
payment until closing at the interest rate for constant
maturity United States Treasury notes of an equivalent term.
(b) Obligation Extinguished.--Upon payment by the State
under subsection (a), the obligation of the State and the
Bureau of Reclamation under the Bureau of Reclamation
Contract No. 14-06-500-1880, as amended shall be
extinguished. After completion of conveyance provided for in
Section 3, the
[[Page H10571]]
State shall assume full responsibility for all aspects of
operation, maintenance and replacement of the Project.
(c) Additional Costs.--The State shall bear the cost of all
boundary surveys, title searches, appraisals, and other
transaction costs for the conveyance.
(d) Reclamation Fund.--All funds paid by the State to the
Secretary under this section shall be credited to the
Reclamation Fund in the Treasury of the United States.
SEC. 5. FUTURE MANAGEMENT.
(a) In General.--As a condition of the conveyance under
section 3, the State shall agree that the lands, water, and
facilities of the Project shall continue to be managed and
operated for the purposes for which the Project was
originally authorized; that is, to provide a dependable
municipal and industrial water supply, to conserve and
develop fish and wildlife resources, and to enhance
recreational opportunities. In future management of the
Project, the State shall, consistent with other project
purposes and the provision of dependable municipal and
industrial water supply:
(1) provide full public access to the Project's lands,
subject to reasonable restrictions for purposes of Project
security, public safety, and natural resource protection;
(2) not sell or otherwise dispose of the lands conveyed
under Section 3;
(3) prohibit private or exclusive uses of lands conveyed
under Section 3;
(4) maintain and manage the Project's fish and wildlife
resource and habitat for the benefit and enhancement of those
resources;
(5) maintain and manage the Project's existing recreational
facilities and assets, including open space, for the benefit
of the general public;
(6) not charge the public recreational use fees that are
more than is customary and reasonable.
(b) Fish, Wildlife, and Recreation Management.--As a
condition of conveyance under Section 3, management decisions
and actions affecting the public aspects of the Project
(namely, fish, wildlife, and recreation resources) shall be
conducted according to a management agreement between all
recipients of title to the Project and the Texas Parks and
Wildlife Department that has been approved by the Secretary
and shall extend for the useful life of the Project.
(c) Existing Obligations.--The United States shall assign
to the State and the State shall accept all surface use
obligations of the United States associated with the Project
existing on the date of the conveyance including contracts,
easements, and any permits or license agreements.
SEC. 6. MANAGEMENT OF MINERAL ESTATE.
All mineral interests in the Project retained by the United
States shall be managed consistent with Federal Law and in a
manner that will not interfere with the purposes for which
the Project was authorized.
SEC. 7. LIABILITY.
(a) In General.--Effective on the date of conveyance of the
Project, the United States shall be liable for damages of any
kind arising out of any act, omission, or occurrence relating
to the Project, except for damages caused by acts of
negligence committed prior to the date of conveyance by--
(1) the United States; or
(2) an employee, agent, or contractor of the United States.
(b) No Increase in Liability.--Nothing in this Act
increases the liability of the United States beyond that
provided for in the Federal Tort Claims Act, (28 U.S.C. 2671
et seq.).
SEC. 8. FUTURE BENEFITS.
(a) Deauthorization.--Effective on the date of conveyance
of the Project, the Project conveyed under this Act shall be
deauthorized.
(b) No Reclamation Benefits.--After deauthorization of the
Project under subsection (a), the State shall not be entitled
to receive any benefits for the Project under Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, for the last 6 years, the Subcommittee on Water and
Power has pursued legislation to shrink the size and scope of the
Federal Government through the defederalization of Bureau of
Reclamation assets.
S. 1474 continues the defederalization process by directing the
Secretary of Interior to convey as soon as practicable after the date
of enactment to the State of Texas, acting through the Texas Water
Development Board of the Lavaca-Navidad River, the Palmetto Bend
Reclamation Project.
Mr. Speaker, I urge my colleagues to vote aye on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the purpose of this bill is to provide for the
conveyance of the Palmetto Bend Project to the State of Texas. This
legislation includes a list of six specific management measures the
State of Texas must undertake as a condition of the conveyance.
Specific conditions relating to fish, wildlife, and recreation
management and existing obligations are detailed in the bill. These
provisions in S. 1474 provide an important statutory foundation to
assure protection of the public aspects of this project.
We have no objections to the enactment of S. 1474.
Mr. PAUL. Mr. Speaker, Lake Texana (The Palmetto Bend Project), is
located in my congressional district near Edna in the Texas Gulf Coast
area about midway between Corpus Christi and Houston. Lake Texana
supplies roughly 75,000 acre/feet per year of municipal and industrial
water to a large multicounty area of Texas. The Lake Texana water is
directly responsible for creating over 3,000 jobs in the cities of Edna
and Victoria, Texas and water sales from the project make it
financially self-sufficient.
S. 1474 merely facilitates the early payment of the project's
construction costs (discounted, of course, by the amount of interest no
longer due as a consequence of early payment) and transfers title of
the Palmetto Bend Project to the Texas state authorities. Both the
Lavaca Navidad River Authority and Texas Water Development Board concur
that an early buy-out and title transfer is extremely beneficial to the
economic and operational well-being of the project as well as the Lake
Texana water users. The Texas Legislature and Governor George W. Bush
have both formally supported the early payment and title transfer.
This bill will save Lake Texana water users as much as $1 million per
year as well as provide an immediate infusion of millions of dollars to
the national treasury. Additionally, all liability associated with this
water project are, under my legislation, assumed by the state of Texas
thus further relieving the financial burden of the federal government.
Texas has already demonstrated sound management of this resource.
Recreational use of the lake has been well-provided under Texas state
management to include provision of a marina, pavilion, playground, and
boating docks, all funded without federal money. A woodland bird
sanctuary and wildlife viewing area will also be established upon
transfer with the assistance of the Texas Parks and Wildlife Department
and several environmental organizations.
My thanks go to members and staff of both the Resources committee and
the subcommittee on Energy and Water for their continued assistance
with this bill as well as Senator Hutchison and her staff for working
with me to move our bill in the Senate.
Mr. Speaker, I respectfully request my colleague's support for S.
1474 as passed by the Senate.
Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Hansen) that the House suspend the rules and
pass the Senate bill, S. 1474.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. CHRISTENSEN. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
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