[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)
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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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