[106th Congress Public Law 512]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ512.106]
[[Page 2377]]
PALMETTO BEND CONVEYANCE ACT
[[Page 114 STAT. 2378]]
Public Law 106-512
106th Congress
An Act
Providing for conveyance of the Palmetto Bend project to the State of
Texas. <<NOTE: Nov. 13, 2000 - [S. 1474]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Palmetto Bend Conveyance
Act.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palmetto Bend Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Project.--the term ``Project'' means the Palmetto Bend
Reclamation Project in the State of Texas authorized under
Public Law 90-562 (82 Stat. 999).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Texas,
acting through the Texas Water Development Board or the Lavaca-
Navidad River Authority or both.
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act and in accordance with all applicable
law, and subject to the conditions set forth in sections 4 and 5, convey
to the State all right, title and interest (excluding the mineral
estate) in and to the Project held by the United States.
(b) Report.--If <<NOTE: Deadline.>> the conveyance under section 3
has not been completed within 1 year and 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As a condition of the conveyance, the State shall
pay the Secretary the adjusted net present value of current repayment
obligations on the Project, calculated 30 days prior to closing using a
discount rate equal to the average interest rate on 30-year United
States Treasury notes during the preceding calendar month, which
following application of the State's August 1, 1999 payment, was, as of
October 1999, calculated to be $45,082,675 using a discount rate of
6.070 percent. The State shall
[[Page 114 STAT. 2379]]
also pay interest on the adjusted net present value of current repayment
obligations from the date of the State's most recent annual payment
until closing at the interest rate for constant maturity United States
Treasury notes of an equivalent term.
(b) Obligation Extinguished.--Upon payment by the State under
subsection (a), the obligation of the State and the Bureau of
Reclamation under the Bureau of Reclamation Contract No. 14-06-500-1880,
as amended shall be extinguished. After completion of conveyance
provided for in section 3, the State shall assume full responsibility
for all aspects of operation, maintenance and replacement of the
Project.
(c) Additional Costs.--The State shall bear the cost of all boundary
surveys, title searches, appraisals, and other transaction costs for the
conveyance.
(d) Reclamation Fund.--All funds paid by the State to the Secretary
under this section shall be credited to the Reclamation Fund in the
Treasury of the United States.
SEC. 5. FUTURE MANAGEMENT.
(a) In General.--As a condition of the conveyance under section 3,
the State shall agree that the lands, water, and facilities of the
Project shall continue to be managed and operated for the purposes for
which the Project was originally authorized; that is, to provide a
dependable municipal and industrial water supply, to conserve and
develop fish and wildlife resources, and to enhance recreational
opportunities. In future management of the Project, the State shall,
consistent with other project purposes and the provision of dependable
municipal and industrial water supply--
(1) provide full public access to the Project's lands,
subject to reasonable restrictions for purposes of Project
security, public safety, and natural resource protection;
(2) not sell or otherwise dispose of the lands conveyed
under section 3;
(3) prohibit private or exclusive uses of lands conveyed
under section 3;
(4) maintain and manage the Project's fish and wildlife
resource and habitat for the benefit and enhancement of those
resources;
(5) maintain and manage the Project's existing recreational
facilities and assets, including open space, for the benefit of
the general public;
(6) not charge the public recreational use fees that are
more than is customary and reasonable.
(b) Fish, Wildlife, and Recreation Management.--As a condition of
conveyance under section 3, management decisions and actions affecting
the public aspects of the Project (namely, fish, wildlife, and
recreation resources) shall be conducted according to a management
agreement between all recipients of title to the Project and the Texas
Parks and Wildlife Department that has been approved by the Secretary
and shall extend for the useful life of the Project.
(c) Existing Obligations.--The United States shall assign to the
State and the State shall accept all surface use obligations of the
United States associated with the Project existing on the date of the
conveyance including contracts, easements, and any permits or license
agreements.
[[Page 114 STAT. 2380]]
SEC. 6. MANAGEMENT OF MINERAL ESTATE.
All mineral interests in the Project retained by the United States
shall be managed consistent with Federal law and in a manner that will
not interfere with the purposes for which the Project was authorized.
SEC. 7. LIABILITY.
(a) In General.--Effective <<NOTE: Effective date.>> on the date of
conveyance of the Project, the United States shall not be liable for
damages of any kind arising out of any act, omission, or occurrence
relating to the Project, except for damages caused by acts of negligence
committed prior to the date of conveyance by--
(1) the United States; or
(2) an employee, agent, or contractor of the United States.
(b) No Increase in Liability.--Nothing in this Act increases the
liability of the United States beyond that provided for in the Federal
Tort Claims Act (28 U.S.C. 2671 et seq.).
SEC. 8. FUTURE BENEFITS.
(a) Deauthorization.--Effective <<NOTE: Effective date.>> on the
date of conveyance of the Project, the Project conveyed under this Act
shall be deauthorized.
(b) No Reclamation Benefits.--After deauthorization of the Project
under subsection (a), the State shall not be entitled to receive any
benefits for the Project under Federal reclamation law (the Act of June
17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.).
Approved November 13, 2000.
LEGISLATIVE HISTORY--S. 1474 (H.R. 2674):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-832 accompanying H.R. 2674 (Comm. on Resources).
SENATE REPORTS: No. 106-358 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 13, considered and passed Senate.
Oct. 24, considered and passed House.
<all>