[Congressional Record Volume 152, Number 106 (Thursday, August 3, 2006)]
[Senate]
[Pages S8846-S8847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 3832. A bill to direct the Secretary of the Interior to establish 
criteria to transfer title to reclamation facilities, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. DOMENICI. Mr. President, since its inception in 1902, the Bureau 
of Reclamation has constructed numerous facilities which have supplied 
much of the water and power necessary to populate the Western United 
States. The National Research Council of the National Academy of 
Sciences estimates that Reclamation currently owns 673 facilities that 
are part of 178 major projects. When many of these facilities were 
constructed, there were few local communities and utilities capable of 
assuming title to the facilities. However, this is no longer the case. 
Many project beneficiaries are both willing and able to receive title 
to Reclamation facilities.
  The growth of the environmental movement during the 1970s, explosive 
population growth in the West, Indian water rights claims, and 
urbanization transformed Reclamation from an agency that plans, 
designs, and constructs large projects into one that manages existing 
Reclamation facilities and allocates water resources in accordance with 
applicable law. Correspondingly, appropriations for Reclamation have 
decreased over the past 40 years. As chairman of the Energy and Water 
Development Appropriations Subcommittee, I have become increasingly 
concerned that Reclamation lacks adequate resources to fulfill its 
current mission, particularly in light of increasing nonreimbursable 
expenditures required for operations, maintenance, and rehabilitation 
of Reclamation facilities. For this reason, we need to investigate 
opportunities, including title transfers, to make more money available 
to Reclamation.
  Reclamation project beneficiaries frequently claim that Reclamation 
services passed on to customers are far more expensive than comparable 
services in the private sector and that Reclamation ownership of these 
facilities imposes an unnecessary administrative burden on project 
beneficiaries. For these reasons, many project beneficiaries who have 
fulfilled their construction repayment obligations would like to pursue 
the transfer of title to Reclamation facilities and land. In addition 
to benefiting project beneficiaries, transfer of title to Reclamation 
facilities also divests the Federal Government of the liability, 
operation, maintenance, management, and regulation associated with 
these facilities. In its framework for transfer of title to Reclamation 
facilities, Reclamation acknowledged its commitment to a

[[Page S8847]]

Federal Government that ``works better and costs less.'' I believe that 
pursuing title transfers on a widespread basis is consistent with this 
policy.
  While Reclamation currently has an administrative process for 
determining which uncomplicated transfers should be pursued by 
Congress, it is my belief that the process is not as aggressive or 
comprehensive as it should be. The bill I introduce today would direct 
the Secretary of the Interior to promulgate criteria for the transfer 
of title to Reclamation facilities and lands, including multipurpose 
and multibeneficiary projects. The bill also directs the Secretary of 
the Interior to undertake a study to identify which Reclamation 
facilities may be appropriate for transfer. Consistent with current 
policy, Congress would evaluate which of these facilities should be 
transferred.
  I realize that title transfer may not be appropriate for every 
Reclamation facility. However, I believe that there are a great number 
of instances in which title transfer would benefit the United States 
and Reclamation customers.
  I thank Senator Bingaman, ranking member of the Energy and Natural 
Resources Committee, for being an original cosponsor of this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was orderd to be 
printed in the Record, as follows:

                                S. 3832

       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 Facility Title 
     Transfer Act of 2006''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Indian tribe.--The term ``Indian tribe'' means an 
     Indian tribe, band, Nation, or other organized group or 
     community that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       (2) Project beneficiary.--The term ``project beneficiary'' 
     means 1 or more contractors or other persons or entities that 
     receive a direct benefit under 1 or more of the authorized 
     purposes for a reclamation facility.
       (3) Reclamation facility.--
       (A) In general.--The term ``reclamation facility'' means 
     any single-purpose or multipurpose structure, reservoir, 
     impoundment, ditch, canal, pumping station, or other facility 
     for the storage, diversion, distribution, or conveyance of 
     water--
       (i) that is--

       (I) authorized by Federal reclamation law; and
       (II) constructed by the United States under that law;

       (ii) for which the United States holds title; and
       (iii) for which any non-Federal construction repayment 
     obligations, as applicable, have been fulfilled.
       (B) Inclusions.--The term ``reclamation facility'' includes 
     any land that is appurtenant to, and any administrative 
     buildings associated with, a reclamation facility.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (5) Stakeholder.--The term ``stakeholder'' means--
       (A) a project beneficiary; and
       (B) any person that--
       (i) receives an indirect benefit from a reclamation 
     facility; or
       (ii) may be particularly affected by any transfer of title 
     to a reclamation facility.

     SEC. 3. TITLE TRANSFER.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish criteria 
     for the transfer of title to reclamation facilities from the 
     United States to project beneficiaries or an entity approved 
     by project beneficiaries.
       (b) Inclusions.--The criteria established under subsection 
     (a) shall include--
       (1) criteria requiring that--
       (A) project beneficiaries (or an entity approved by the 
     project beneficiaries) be willing to have title to a 
     reclamation facility transferred to the project 
     beneficiaries;
       (B) if the project beneficiaries have not yet assumed 
     operations, maintenance, and rehabilitation of the applicable 
     reclamation facility, the project beneficiaries be capable of 
     assuming operations, maintenance, and rehabilitation of the 
     reclamation facility;
       (C) if there are multiple project beneficiaries, there is 
     an agreement among multiple project beneficiaries relating to 
     the transfer of title to a reclamation facility; and
       (D) project beneficiaries be willing to assume any 
     liability associated with the reclamation facility for which 
     title is proposed to be transferred;
       (2) criteria requiring an assessment by the Secretary of--
       (A) any effects that the transfer of title would have on 
     the ability of the Federal Government to carry out the trust 
     responsibility of the Federal Government with respect to any 
     Indian tribe;
       (B) the cost savings to the United States if title to a 
     reclamation facility is transferred;
       (C) the interest of the project beneficiaries in owning the 
     reclamation facility;
       (D) any environmental considerations associated with the 
     transfer of title to a reclamation facility;
       (E) whether stakeholders will be adversely impacted by the 
     transfer;
       (F) the ability of project beneficiaries to meet financial 
     obligations associated with a reclamation facility, 
     including--
       (i) transactional costs; and
       (ii) costs associated with meeting the compliance 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.);
       (G) any legal considerations associated with the transfer 
     of title to a reclamation facility, including any Federal, 
     State, tribal, and local laws, international treaties, and 
     interstate compacts that apply to the transfer of title of a 
     reclamation facility to project beneficiaries; and
       (H) the willingness and ability of project beneficiaries to 
     fulfill any legal obligations associated with receiving title 
     to a reclamation facility, including compliance with any 
     Federal, State, tribal, and local laws, international 
     treaties, and interstate compacts that apply to the transfer 
     of title of a reclamation facility to project beneficiaries;
       (3) procedures for--
       (A) soliciting stakeholder involvement in the transfer of 
     title to a reclamation facility; and
       (B) involving appropriate Federal, State, and local 
     entities in evaluating and carrying out the transfer of title 
     to a reclamation facility;
       (4) the requirement that the Secretary prepare a 
     comprehensive list of any items that need to be accomplished 
     before the transfer of title to a reclamation facility;
       (5) procedures to allow the Secretary to address real 
     property and cultural and historic preservation issues in a 
     more efficient manner; and
       (6) any other criteria that the Secretary determines to be 
     appropriate.
       (c) Use of Existing Criteria.--For purposes of establishing 
     the criteria under subsection (a), the Secretary shall, to 
     the maximum extent practicable and consistent with this Act, 
     incorporate any applicable criteria that are in existence on 
     the date of enactment of this Act, including the criteria for 
     the transfer of title to uncomplicated projects described in 
     the Bureau of Reclamation document entitled ``Framework for 
     the Transfer of Title: Bureau of Reclamation Projects'' and 
     dated August 7, 1995.

     SEC. 4. REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives a report that 
     includes any recommendations of the Secretary with respect to 
     which reclamation facilities may be appropriate for transfer 
     in accordance with the criteria established under section 
     3(a).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $2,000,000 for the period of fiscal years 2007 through 
     2010.

     SEC. 6. TERMINATION OF AUTHORITY.

       The authority of the Secretary to carry out this Act 
     terminates on the date that is 5 years after the date of 
     enactment of this Act.
                                 ______