S. 3832

Reclamation Facility Title Transfer Act of 2006

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II

109th CONGRESS

2d Session

S. 3832

IN THE SENATE OF THE UNITED STATES

August 3, 2006

Mr. Domenici (for himself and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To direct the Secretary of the Interior to establish criteria to transfer title to reclamation facilities, and for other purposes.

1.

Short title

This Act may be cited as the Reclamation Facility Title Transfer Act of 2006.

2.

Definitions

In this Act:

(1)

Indian tribe

The term Indian tribe means an Indian tribe, band, Nation, or other organized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(2)

Project beneficiary

The term project beneficiary means 1 or more contractors or other persons or entities that receive a direct benefit under 1 or more of the authorized purposes for a reclamation facility.

(3)

Reclamation facility

(A)

In general

The term reclamation facility means any single-purpose or multipurpose structure, reservoir, impoundment, ditch, canal, pumping station, or other facility for the storage, diversion, distribution, or conveyance of water—

(i)

that is—

(I)

authorized by Federal reclamation law; and

(II)

constructed by the United States under that law;

(ii)

for which the United States holds title; and

(iii)

for which any non-Federal construction repayment obligations, as applicable, have been fulfilled.

(B)

Inclusions

The term reclamation facility includes any land that is appurtenant to, and any administrative buildings associated with, a reclamation facility.

(4)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(5)

Stakeholder

The term stakeholder means—

(A)

a project beneficiary; and

(B)

any person that—

(i)

receives an indirect benefit from a reclamation facility; or

(ii)

may be particularly affected by any transfer of title to a reclamation facility.

3.

Title transfer

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall establish criteria for the transfer of title to reclamation facilities from the United States to project beneficiaries or an entity approved by project beneficiaries.

(b)

Inclusions

The criteria established under subsection (a) shall include—

(1)

criteria requiring that—

(A)

project beneficiaries (or an entity approved by the project beneficiaries) be willing to have title to a reclamation facility transferred to the project beneficiaries;

(B)

if the project beneficiaries have not yet assumed operations, maintenance, and rehabilitation of the applicable reclamation facility, the project beneficiaries be capable of assuming operations, maintenance, and rehabilitation of the reclamation facility;

(C)

if there are multiple project beneficiaries, there is an agreement among multiple project beneficiaries relating to the transfer of title to a reclamation facility; and

(D)

project beneficiaries be willing to assume any liability associated with the reclamation facility for which title is proposed to be transferred;

(2)

criteria requiring an assessment by the Secretary of—

(A)

any effects that the transfer of title would have on the ability of the Federal Government to carry out the trust responsibility of the Federal Government with respect to any Indian tribe;

(B)

the cost savings to the United States if title to a reclamation facility is transferred;

(C)

the interest of the project beneficiaries in owning the reclamation facility;

(D)

any environmental considerations associated with the transfer of title to a reclamation facility;

(E)

whether stakeholders will be adversely impacted by the transfer;

(F)

the ability of project beneficiaries to meet financial obligations associated with a reclamation facility, including—

(i)

transactional costs; and

(ii)

costs associated with meeting the compliance requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(G)

any legal considerations associated with the transfer of title to a reclamation facility, including any Federal, State, tribal, and local laws, international treaties, and interstate compacts that apply to the transfer of title of a reclamation facility to project beneficiaries; and

(H)

the willingness and ability of project beneficiaries to fulfill any legal obligations associated with receiving title to a reclamation facility, including compliance with any Federal, State, tribal, and local laws, international treaties, and interstate compacts that apply to the transfer of title of a reclamation facility to project beneficiaries;

(3)

procedures for—

(A)

soliciting stakeholder involvement in the transfer of title to a reclamation facility; and

(B)

involving appropriate Federal, State, and local entities in evaluating and carrying out the transfer of title to a reclamation facility;

(4)

the requirement that the Secretary prepare a comprehensive list of any items that need to be accomplished before the transfer of title to a reclamation facility;

(5)

procedures to allow the Secretary to address real property and cultural and historic preservation issues in a more efficient manner; and

(6)

any other criteria that the Secretary determines to be appropriate.

(c)

Use of existing criteria

For purposes of establishing the criteria under subsection (a), the Secretary shall, to the maximum extent practicable and consistent with this Act, incorporate any applicable criteria that are in existence on the date of enactment of this Act, including the criteria for the transfer of title to uncomplicated projects described in the Bureau of Reclamation document entitled Framework for the Transfer of Title: Bureau of Reclamation Projects and dated August 7, 1995.

4.

Report

Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that includes any recommendations of the Secretary with respect to which reclamation facilities may be appropriate for transfer in accordance with the criteria established under section 3(a).

5.

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $2,000,000 for the period of fiscal years 2007 through 2010.

6.

Termination of authority

The authority of the Secretary to carry out this Act terminates on the date that is 5 years after the date of enactment of this Act.