[House Report 114-834]
[From the U.S. Government Publishing Office]


114th Congress   }                                          {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                          {  114-834

======================================================================



 
ARBUCKLE PROJECT MAINTENANCE COMPLEX AND DISTRICT OFFICE CONVEYANCE ACT 
                                OF 2016

                                _______
                                

 November 29, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1219]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1219 is to authorize the Secretary of 
the Interior to convey certain land and appurtenances of the 
Arbuckle Project, Oklahoma, to the Arbuckle Master Conservancy 
District.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1219, as amended, authorizes the Secretary of the 
Interior to convey all the United States' right, title and 
interest in the Maintenance Complex and District Office of the 
federal Arbuckle water project in Oklahoma to the Arbuckle 
Master Conservancy District in Murray County, Oklahoma.
    Authorized in 1962 by Public Law 87-594, the Bureau of 
Reclamation's Arbuckle Project in south-central Oklahoma 
provides a number of benefits, including flood control, 
municipal water supply, recreation and fish and wildlife 
purposes. The Arbuckle Master Conservancy District contracted 
with the federal government for the payment of the reimbursable 
costs for construction and operation and maintenance of the 
Project.
    The Project's authorizing statute allowed for the 
conveyance of title to ``pipelines and related facilities as 
are used solely for delivering project water to the water 
users'' upon completion of the District's repayment 
obligations. The District completed repayment of its capital 
costs for the Project in September 2012 and title to the 
Wynnewood Pumping Plant and Aqueduct was transferred from 
Reclamation to the District in December 2012. The District also 
requested that the Maintenance Complex and District Office be 
included in the transfer, as it had operated and maintained 
these facilities since January 1968. However, according to 
District officials, Reclamation indicated that there was 
insufficient authority to complete this request since the 
facilities were not used solely for the purpose of delivering 
project water.
    H.R. 1219 authorizes the Secretary of the Interior to 
convey all right, title and interest related to the Maintenance 
Complex and District Office and their associated approximately 
2.83 acres to the District. As amended, the bill directs the 
Secretary to transfer title to the aforementioned facilities 
and land as soon as practicable, and requires the Secretary to 
provide in writing why the transfer has not taken place if it 
does not occur within twelve months after the date of enactment 
of this Act. The goals of the legislation, based on the 
longstanding precedent of prior federal laws authorizing such 
title transfers, are to allow the District to reduce federal 
paperwork requirements and relieve the federal government of 
all future liability and financial responsibilities.

                      SECTION-BY-SECTION ANALYSIS

    Section 1. Short title. This section establishes the short 
title of the bill as the ``Arbuckle Project Maintenance Complex 
and District Office Conveyance Act of 2016''.
    Section 2. Conveyance of maintenance complex and district 
office of the Arbuckle Project, Oklahoma. This section of the 
bill, as amended, directs the Interior Secretary to, as soon as 
practicable, convey to the District all right, title and 
interest of the Maintenance Complex and District Office of the 
Arbuckle Project per Agreement No. 14AG640141, as defined in 
the legislation. Once conveyed, the United States will be 
relieved of all future liability and financial responsibilities 
related to the Maintenance Complex and District Office, and 
will only be held liable for damages caused by acts of 
negligence committed by the United States or by its employees 
prior to the date of conveyance. If the transfer has not been 
completed within twelve months after date of enactment of this 
Act, the Secretary is directed to submit a letter to Congress 
detailing why the transfer has not taken place and stating the 
anticipated completion date of the conveyance.

                            COMMITTEE ACTION

    H.R. 1219 was introduced on March 3, 2015, by Congressman 
Tom Cole (R-OK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Power and Oceans. On October 28, 2015, the 
Subcommittee held a hearing on the bill. On November 15, 2016, 
the Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
John Fleming (R-LA) offered an amendment designated #1 to the 
bill; it was adopted by unanimous consent. No further 
amendments were offered, and the bill, as amended, was ordered 
favorably reported to the House of Representatives by unanimous 
consent on November 16, 2016.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation and Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 28, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1219, the Arbuckle 
Project Maintenance Complex and District Office Conveyance Act 
of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1219--Arbuckle Project Maintenance Complex and District Office 
        Conveyance Act of 2016

    H.R. 1219 would authorize the Bureau of Reclamation (BOR) 
to convey certain federal properties to the Arbuckle Master 
Conservancy District in Oklahoma for no consideration. Based on 
information from the BOR, CBO estimates that enacting the 
legislation would have no significant effect on the federal 
budget. The properties that would be transferred generate no 
income for the government and are not expected to be sold in 
the next several years. Because enacting the legislation would 
not affect direct spending or revenues, pay-as-you-go 
procedures do not apply.
    Under current law, the BOR is authorized to transfer 
ownership of pipelines and similar facilities that are used to 
deliver project water to users. In 2012, the BOR transferred 
the conveyance facilities of the Arbuckle project to the 
district. At that time, the district expressed interest in 
receiving title to additional properties, including the 
Arbuckle maintenance complex and the district office building. 
H.R. 1219 would authorize the BOR to transfer those additional 
properties to the district.
    CBO estimates that enacting H.R. 1219 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 1219 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the Arbuckle Master Conservancy District of 
Oklahoma, Any costs incurred by the district associated with 
the conveyance would result from conditions of receiving 
federal assistance.
    The CBO staff contact for this estimate is Aurora Swanson. 
This estimate was approved by H. Samuel Papenfuss, Deputy 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Secretary of the 
Interior to convey certain land and appurtenances of the 
Arbuckle Project, Oklahoma, to the Arbuckle Master Conservancy 
District.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.