[Congressional Record Volume 163, Number 40 (Wednesday, March 8, 2017)]
[House]
[Pages H1942-H1943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARBUCKLE PROJECT MAINTENANCE COMPLEX AND DISTRICT OFFICE CONVEYANCE ACT
OF 2017
Mr. WEBSTER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 132) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 132
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 2017''.
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 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
Florida (Mr. Webster) and the gentleman from California (Mr. Huffman)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. WEBSTER of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise an 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 Florida?
There was no objection.
Mr. WEBSTER of Florida. Mr. Speaker, I yield myself such time as I
may consume.
H.R. 132, sponsored by Congressman Tom Cole of Oklahoma, conveys two
buildings and two acres of land of the Federal Arbuckle Project to the
Arbuckle Master Conservancy District, Oklahoma. The district has
operated and maintained the project for decades, and completed
repayment of its capital costs for the project in 2012.
While noncontroversial, legislation is necessary in order to
facilitate this and other Bureau of Reclamation title transfers. Under
current law, these buildings and land remain in Federal ownership until
legislation is enacted to transfer the title to the district. Mr.
Cole's bill achieves this objective.
This title transfer is a win-win for the district and for the Federal
Government. The district will no longer be subject to certain Federal
paperwork requirements, and the Federal Government will be relieved of
all future liability and financial responsibilities associated with
these facilities and land.
I urge the adoption of this measure, which overwhelmingly passed the
House on a bipartisan basis in the last Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 132, as the gentleman from Florida just mentioned,
would allow a title transfer of two Federal buildings to the Arbuckle
Master Conservancy District in south-central Oklahoma. These are
buildings that were part of the Arbuckle Project, which is a water
project authorized by Congress back in 1962 to provide flood control,
recreational opportunities, and municipal water supply.
Nearly all the facilities within this project were already
transferred to the Arbuckle Master Conservancy District in 2012, after
the district finish repaying what it owed to the Federal Government for
construction. However, due to some overly narrow language in the
legislation authorizing this project, two buildings have yet to be
transferred.
Transferring them will save taxpayers money that would otherwise be
[[Page H1943]]
needed to operate and maintain these buildings. It will also relieve
the Federal Government of any potential future liability associated
with these buildings. It is a straightforward bill that should be
quickly passed.
Mr. Speaker, I reserve the balance of my time.
Mr. WEBSTER of Florida. 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.
Before I begin my prepared remarks, I had no idea there was such
interest in the Arbuckle watershed, but I am flattered and pleased that
all of you are here for this important legislation.
I rise in support H.R. 132, the Arbuckle Project Maintenance Complex
and District Office Conveyance Act. This bill is straightforward. As
has been mentioned, it is a land conveyance which has both Federal and
local support.
I would like to remind my colleagues this legislation was passed in
the 114th Congress on December 7, 2016, by a vote of 412-1. Clearly, it
was so good, everybody wanted it back again.
H.R. 132 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 effectively and efficiently 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 this bill is an agreement in which both the Federal and
local interests are satisfied. I want to urge all of my colleagues to
support this legislation once again.
I want to again thank the chairman for his help in expediting this
matter.
Mr. HUFFMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Maryland (Mr. Raskin).
Parliamentary Inquiry
Mr. RASKIN. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman from Maryland will state his
parliamentary inquiry.
Mr. RASKIN. Mr. Speaker, is it consistent with the rules of the House
of Representatives for the Committee on Ways and Means and the Energy
and Commerce Committee to be considering the American Health Care Act
without a CBO score that would permit us to know how much this
legislation will cost?
The SPEAKER pro tempore. The gentleman is asking the Chair a
hypothetical question that is not pertinent to the business currently
before the House.
Mr. RASKIN. Well, I didn't think it was hypothetical. I move that the
House do now adjourn.
The SPEAKER pro tempore. Will the gentleman first yield back the time
he was yielded for debate?
Mr. RASKIN. Yes, I will.
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