[Congressional Record Volume 162, Number 175 (Tuesday, December 6, 2016)]
[House]
[Pages H7208-H7209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARBUCKLE PROJECT MAINTENANCE COMPLEX AND DISTRICT OFFICE CONVEYANCE ACT
OF 2016
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1219) to authorize the Secretary of the Interior to
convey certain land and appurtenances of the Arbuckle Project,
Oklahoma, to the Arbuckle Master Conservancy District, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1219
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 ``Arbuckle Project Maintenance
Complex and District Office Conveyance Act of 2016''.
SEC. 2. CONVEYANCE OF MAINTENANCE COMPLEX AND DISTRICT OFFICE
OF THE ARBUCKLE PROJECT, OKLAHOMA.
(a) In General.--The Secretary of the Interior shall, as
soon as practicable, convey to the Arbuckle Master
Conservancy District, located in Murray County, Oklahoma, all
right, title, and interest of the United States in and to the
Maintenance Complex and District Office, Arbuckle Project,
Oklahoma, consistent with the terms and conditions set forth
in the Agreement between the United States and the Arbuckle
Master Conservancy District.
(b) Definitions.--
(1) Agreement.--The term ``Agreement'' means the Agreement
between the United States
[[Page H7209]]
and the Arbuckle Master Conservancy District for Transferring
Title to the Federally Owned Maintenance Complex and District
Office to the Arbuckle Master Conservancy District (Agreement
No. 14AG640141).
(2) District office.--The term ``District Office'' means
the headquarters building located at 2440 East Main, Davis,
Oklahoma, and the approximately 0.83 acres described in the
Agreement.
(3) Maintenance complex.--The term ``Maintenance Complex''
means the caretakers residence, shop buildings, and any
appurtenances located on the lands described in the
Agreement, to include approximately 2.00 acres, more or less.
(c) Liability.--Effective upon the date of conveyance of
the Maintenance Complex and District Office under this
section, the United States shall not be held liable by any
court for damages of any kind arising out of any act,
omission, or occurrence relating to the Maintenance Complex
and District Office, except for damages caused by acts of
negligence committed by the United States or by its employees
or agents prior to the date of conveyance. Nothing in this
section increases the liability of the United States beyond
that provided in chapter 171 of title 28, United States Code
(popularly known as the ``Federal Tort Claims Act'') on the
date of the enactment of this Act.
(d) Benefits.--After conveyance of the Maintenance Complex
and District Office to the Arbuckle Master Conservancy
District--
(1) the Maintenance Complex and District Office shall not
be considered to be a part of a Federal reclamation project;
and
(2) such water district shall not be eligible to receive
any benefits with respect to any facility comprising that
Maintenance Complex and District Office, except benefits that
would be available to a similarly situated person with
respect to such a facility that is not part of a Federal
reclamation project.
(e) Communication.--If the Secretary of the Interior has
not completed the conveyance required under subsection (a)
within 12 months after the date of enactment of this Act, the
Secretary shall submit to Congress a letter with sufficient
detail that explains the reasons the conveyance has not been
completed and stating the date by which the conveyance will
be completed.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from the Northern Mariana Islands
(Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
This bill, H.R. 1219, sponsored by the great Congressman from
Oklahoma, allows a water district in Oklahoma to take ownership of two
buildings and 2 acres of land that they have paid for, they have
operated, and they have maintained for the last several decades.
Unfortunately, they still remain in Federal ownership, and they need
this legislation to actually transfer it to relieve the district of
burdensome paperwork and also relieve the Federal Government of some
liability.
This bill has been done 27 other times over the last two decades,
which simply means there needs to be some kind of reform in the process
to remove the slow pace of the Bureau of Reclamation so we don't have
to go through such a complicated effort for such a worthy cause.
Mr. Speaker, I reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1219 is a straightforward, reasonable piece of
legislation worthy of passage. The bill would allow a title transfer of
two Federal buildings to the Arbuckle Master Conservancy District in
south central Oklahoma.
{time} 1345
These buildings are part of the Arbuckle Project, which is a water
project, authorized by Congress in 1962, to provide flood control,
recreational opportunities, and municipal water supply.
Nearly all of the facilities within the Arbuckle Project were already
transferred to the Arbuckle Master Conservancy District in 2012 after
the district finished repaying what it owed the Federal Government for
construction. However, due to some overly narrow language in the
legislation authorizing the Arbuckle Project, two buildings within the
project have yet to be transferred.
Transferring the two remaining buildings will save taxpayer money
that would otherwise be needed to operate and maintain the buildings
and will also relieve the Federal Government of any potential future
liability associated with the buildings. This is straightforward
legislation that should be quickly passed.
I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume
to the gentleman from Oklahoma (Mr. Cole).
Mr. COLE. Mr. Speaker, I want to thank my good friend for yielding,
and I certainly want to thank him for moving this expeditiously through
his committee and onto the floor. I want to associate myself with his
remarks about the need for reform because this is a fairly routine
matter.
I rise in support of H.R. 1219, the Arbuckle Project Maintenance
Complex and District Office Conveyance Act. This bill is a
straightforward land conveyance, which has both Federal and local
support.
H.R. 1219 would authorize the Secretary of the Interior to convey
certain lands and buildings of the Arbuckle Project, in Murray County,
Oklahoma, to the Arbuckle Master Conservancy District.
In 1962, Congress authorized the payment of reimbursable costs for
construction, operation, and maintenance of the Bureau of Reclamation's
Arbuckle Master Conservancy District in south-central Oklahoma. The
district completed repayment of the capital costs of the project in
September of 2012.
In accordance with the Bureau of Reclamation's policy framework for
title transfer, in December 2014, the Bureau of Reclamation and the
district executed an agreement to transfer, in fee title, certain
facilities that could be more efficiently and effectively managed at
the local level.
The title transfer involves approximately 2.83 acres of land. On this
land is a small house, associated structures, and the conservancy
district's headquarters office building. The House and property are
used to accommodate a district employee who maintains and inspects the
dam and the pumping facilities. The headquarters office building is the
base of operation for the district.
This bill also divests the Federal Government of its responsibility
and liability associated with the district's facilities. Reclamation
and the district have worked cooperatively and successfully to address
all of the elements necessary to bring this legislation forward and
make this transfer proceed as smoothly as possible.
I am pleased that this bill is an agreement with which both the
Federal and local interests are satisfied.
I want to urge all of my colleagues to support this legislation.
Again, I want to thank the chairman for his help in this matter.
Mr. SABLAN. Mr. Speaker, again, like I said, this is straightforward
legislation that should be quickly passed. We urge its adoption.
I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, this is a good bill, and I urge its
adoption.
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. Bishop) that the House suspend the rules and
pass the bill, H.R. 1219, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of Utah. 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, further
proceedings on this motion will be postponed.
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