II
109th CONGRESS
2d Session
S. 4023
IN THE SENATE OF THE UNITED STATES
September 29, 2006
Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of the Interior to convey to the McGee Creek Authority certain facilities of the McGee Creek Project, Oklahoma, and for other purposes.
Short title
This Act may be cited as
the McGee Creek Project Pipeline and
Associated Facilities Conveyance Act
.
Definitions
In this Act:
Agreement
The
term Agreement
means the agreement numbered 06–AG–60–2115 and
entitled Agreement Between the United States of America and McGee Creek
Authority for the Purpose of Defining Responsibilities Related to and
Implementing the Title Transfer of Certain Facilities at the McGee Creek
Project, Oklahoma
.
Authority
The
term Authority
means the McGee Creek Authority located in
Oklahoma City, Oklahoma.
Secretary
The
term Secretary
means the Secretary of the Interior.
Conveyance of mcgee creek project pipeline and associated facilities
Authority to convey
In general
In accordance with all applicable laws and consistent with any terms and conditions provided in the Agreement, the Secretary may convey to the Authority all right, title, and interest of the United States in and to the pipeline and any associated facilities described in the Agreement, including—
the pumping plant;
the raw water pipeline from the McGee Creek pumping plant to the rate of flow control station at Lake Atoka;
the surge tank;
the regulating tank;
the McGee Creek operation and maintenance complex, maintenance shop, and pole barn; and
any other appurtenances, easements, and fee title land associated with the facilities described in subparagraphs (A) through (E), in accordance with the Agreement.
Exclusion of mineral estate from conveyance
In general
The mineral estate shall be excluded from the conveyance of any land or facilities under paragraph (1).
Management
Any mineral interests retained by the United States under this Act shall be managed—
consistent with Federal law; and
in a manner that would not interfere with the purposes for which the McGee Creek Project was authorized.
Compliance with agreement; applicable law
Agreement
All parties to the conveyance under paragraph (1) shall comply with the terms and conditions of the Agreement, to the extent consistent with this Act.
Applicable law
Before any conveyance under paragraph (1), the Secretary shall complete any actions required under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Historic Preservation Act (16 U.S.C. 470 et seq.); and
any other applicable laws.
Operation of transferred facilities
In general
On the conveyance of the land and facilities under subsection (a)(1), the Authority shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of any transferred facilities.
Operation and maintenance costs
In general
After the conveyance of the land and facilities under subsection (a)(1) and consistent with the Agreement, the Authority shall be responsible for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities.
Limitation on funding
The Authority shall not be eligible to receive any Federal funding to assist in the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities, except for funding that would be available to any comparable entity that is not subject to reclamation laws.
Release from liability
In general
Effective beginning on the date of the conveyance of the land and facilities under subsection (a)(1), the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to any land or facilities conveyed, except for damages caused by acts of negligence committed by the United States (including any employee or agent of the United States) before the date of the conveyance.
No additional liability
Nothing in this subsection adds to any liability that the United States may have under chapter 171 of title 28, United States Code.
Contractual obligations
In general
Except as provided in paragraph (2), any rights and obligations under the contract numbered 0–07–50–X0822 and dated October 11, 1979, between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project, shall remain in full force and effect.
Amendments
With the consent of the Authority, the Secretary may amend the contract described in paragraph (1) to reflect the conveyance of the land and facilities under subsection (a)(1).
Applicability of the reclamation laws
Notwithstanding the conveyance of the land and facilities under subsection (a)(1), the reclamation laws shall continue to apply to any project water provided to the Authority.