[Congressional Record Volume 153, Number 184 (Tuesday, December 4, 2007)]
[House]
[Pages H14097-H14098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 McGEE CREEK PROJECT PIPELINE AND ASSOCIATED FACILITIES CONVEYANCE ACT

  Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 2085) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2085

       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 ``McGee Creek Project Pipeline 
     and Associated Facilities Conveyance Act''.

     SEC. 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.

     SEC. 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)

[[Page H14098]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, gentlewoman from 
California (Mrs. Napolitano) and the gentlewoman from Washington (Mrs. 
McMorris Rodgers) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 2085, as introduced by our colleague, Congresswoman Mary Fallin 
of Oklahoma, authorizes the transfer of certain facilities of McGee 
Creek Project, currently held by the United States through the Bureau 
of Reclamation. Ownership of these facilities will be transferred to 
the McGee Creek Authority, which has repaid the costs of building this 
water supply project. The Bureau of Reclamation testified in support of 
this bill at a Water and Power Subcommittee hearing on September 18, 
2007, moved out of subcommittee, and received bipartisan support.
  We have no objection to passage of H.R. 2085.
  I reserve the balance of my time.
  Mrs. McMORRIS RODGERS. Mr. Speaker, this legislation is sponsored by 
my colleague from the Natural Resources Committee, Congresswoman Mary 
Fallin, and I yield to her such time as she may consume to explain the 
legislation.
  Ms. FALLIN. Mr. Speaker, I would like to begin today by thanking 
Chairman Rahall of the Natural Resources Committee and Ranking Member 
Don Young, as well as the Water and Power Subcommittee Chairwoman 
Napolitano and Ranking Member Cathy McMorris Rodgers for their 
continued support of this legislation. Finally, I would like the thank 
Congressman Dan Boren from Oklahoma for his hard work and assistance on 
this piece of legislation, too.
  In short, H.R. 2085 is a straightforward land transfer, a prepaid 
bill that is supported by all parties involved. The McGee Creek Project 
Pipeline and Associated Facilities and Conveyance Act would formally 
and legally transfer ownership of 23.8 acres of land surrounding McGee 
Creek Reservoir, as well as facilities like water pipelines, storage 
space and a pumping plant.
  Ownership of these facilities would be transferred from the Federal 
Bureau of Reclamation to the McGee Creek Authority. This bill does not 
transfer ownership of either the reservoir or the dam itself. In 
addition, the costs of the lands, the buildings and the facilities to 
be transferred have already been paid by the McGee Creek Authority to 
the Bureau of Reclamation.
  This title transfer protects the financial interests of the Federal 
Government by reducing administrative burdens on reclamation, including 
periodic facility reviews and the processing of paperwork that consumes 
significant staff time. It will also ensure that the long-term 
responsibility for the operation, the maintenance, management and the 
regulation, as well as the liability for the transferred land and 
facilities, will rest with the Authority.
  Again, this bill is supported by both the Federal Bureau of 
Reclamation and the locally run McGee Creek Authority, as well as the 
Oklahoma City residents. In 2006, the Authority and the Bureau of 
Reclamation signed a memorandum encouraging congressional authorization 
of a title transfer. H.R. 2085 would formalize that agreement than make 
it Federal policy.
  Mr. Speaker, thank you for your consideration. I now ask my 
colleagues for their support of H.R. 2085.
  Mrs. McMORRIS RODGERS. Mr. Speaker, having no more speakers, I urge 
support and yield back the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, Ms. Fallin has made a very good point 
of her bill, and it does merit support from both sides. So I do request 
the consideration by our colleagues on this very, very worthwhile 
project.
  I have no further requests for time, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Napolitano) that the House suspend 
the rules and pass the bill, H.R. 2085.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. NAPOLITANO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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