,,ii #aacth ,,congress #b;d ,session ,s4 #bjcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjad,mr4 ,schatz introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to authorize the ,secretary of the ,interior to establish a program to facilitate the transfer to non-,federal ownership of appropriate reclamation projects or facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reclamation ,title ,transfer ,act of #bjad4 #b4 ,definitions ,in this ,act3 7#a7 ,conveyed property ,the term conveyed property means an eligible facility that has been conveyed to a qualifying entity under section #c7;b77#a74 7#b7 ,eligible facility 7,a7 ,in general ,the term eligible facility means a reclamation project or facility1 or a portion of a reclamation project or facility1 for which the ,united ,states holds title and that meets the criteria for potential transfer established under section #e7;a74 7,b7 ,inclusions ,the term eligible facility includes dams and appurtenant works1 infrastructure1 recreational facilities1 buildings1 distribution and drainage works1 and associated land or interests in land or water4 7#c7 ,qualifying entity ,the term qualifying entity means a ,state1 unit of local government1 ,indian tribe1 municipal corporation1 quasi-municipal corporation1 or other entity 7such as a water district7 that1 as determined by the ,secretary1 has the capacity to continue to manage the conveyed property for the same purposes that the conveyed property has been managed for under the reclamation laws4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of the ,bureau of ,reclamation4 #c4 ,authorization of title transfer program 7a7 ,establishment of title transfer program ,the ,secretary may establish a program that-- 7#a7 identifies and analyzes the potential for public benefits from the transfer out of ,federal ownership of eligible facilities1 including analyses of the financial1 operational1 and environmental characteristics of the eligible facilities proposed for transfer2 and 7#b7 facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities4 7b7 ,authorization ,to transfer title to eligible facilities 7#a7 ,in general ,the ,secretary1 without further authorization from ,congress1 may convey to a qualifying entity all right1 title1 and interest of the ,united ,states in and to any eligible facility1 subject to paragraphs 7#b7 through 7#f74 7#b7 ,right of first refusal ,if the entity that operates an eligible facility at the time that the ,secretary attempts to facilitate the transfer of title under subsection 7a77#b7 is a qualifying entity1 that entity shall have the right of first refusal to receive the conveyance under paragraph 7#a74 7#c7 ,reservation of easement ,the ,secretary may reserve an easement over a conveyed property if the ,secretary determines that the easement is necessary for the management of any interests retained by the ,federal ,government under this ,act4 7#d7 ,mineral interests 7,a7 ,retention ,the ,secretary shall retain any mineral interests associated with a conveyed property4 7,b7 ,management ,the mineral interests retained under subparagraph 7,a7 shall be managed-- 7i7 consistent with ,federal law2 and 7ii7 in a manner that would not interfere with the purposes for which the reclamation project was authorized4 7#e7 ,interests in water ,no interests in water shall be conveyed under this ,act unless the conveyance is provided for in writing in an agreement between the ,secretary and the qualifying entity4 7#f7 ,additional criteria ,title transfers under this section shall be carried out consistent with-- 7,a7 this ,act2 and 7,b7 any additional criteria or procedures that the ,secretary determines to be in the public interest4 7c7 ,restrictions on use ,as a condition of obtaining title to an eligible facility1 the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership4 #d4 ,compliance with environmental and historic preservation laws ,before conveying eligible facilities under this ,act1 the ,secretary shall complete all actions required under all applicable laws1 including-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#c7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 #e4 ,eligibility criteria 7a7 ,establishment ,the ,secretary shall establish criteria for determining whether facilities are eligible for conveyance under this ,act4 7b7 ,minimum ,requirements 7#a7 ,agreement of qualifying entity ,the criteria established under subsection 7a7 shall include a requirement that a qualifying entity agree-- 7,a7 to accept title to the eligible facility2 7,b7 to accept all liability for the eligible facility1 except as otherwise provided in section #f2 7,c7 to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the ,secretary evaluates the potential transfer2 and 7,d7 to provide1 as consideration for the assets to be conveyed1 compensation to the ,united ,states in an amount that is the equivalent of the net present value of any repayment obligation to the ,united ,states or other income stream the ,united ,states derives from the eligible facility to be transferred as of the date of the transfer4 7#b7 ,determinations of ,secretary 7,a7 ,in general ,the criteria established under subsection 7a7 shall include a requirement that the ,secretary1 in consultation with the ,governor of any ,state in which the project is located1 determine that the proposed transfer-- 7i7 would not have an unmitigated significant effect on the environment2 7ii7 is uncomplicated1 based on1 as determined by the ,secretary-- 7,i7 there being no significant opposition to the proposed transfer2 7,,ii7 the eligible facility not being hydrologically integrated with other ,federal or non-,federal water projects2 7,,iii7 the eligible facility not generating significant quantities of electric power sold to1 or eligible to be sold to1 power customers 7other than the project itself72 and 7,,iv7 the parties to the transfer being able to reach agreement on legal1 institutional1 and financial arrangements relating to the conveyance2 7iii7 is consistent with the responsibility of the ,secretary-- 7,i7 to protect land and water resources held in trust for federally recognized ,indian tribes2 and 7,,ii7 to ensure compliance with any applicable international treaties and interstate compacts2 and 7iv7 is in the financial interest of the ,united ,states4 7,b7 ,publication ,the ,secretary shall make publically available information on how the ,secretary made the determinations under subparagraph 7,a74 7#c7 ,status of reclamation land ,the criteria established under subsection 7a7 shall require that any land to be conveyed out of ,federal ownership under this ,act is-- 7,a7 land acquired by the ,secretary2 or 7,b7 land withdrawn by the ,secretary1 only if-- 7i7 the ,secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain2 and 7ii7 the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed4 #f4 ,liability 7a7 ,in general ,except as provided in subsection 7b71 effective beginning on the date of conveyance of any eligible facility under this ,act1 the ,united ,states shall not be liable under any law for damages of any kind arising out of any act1 omission1 or occurrence based on the prior ownership or operation of the conveyed property4 7b7 ,limitation ,notwithstanding subsection 7a71 the ,united ,states shall retain the responsibilities and authorities of the ,united ,states for a conveyed property based on the prior ownership or operation of the conveyed property by the ,united ,states under ,federal environmental laws1 including the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 #g4 ,benefits ,after a conveyance of an eligible facility under this ,act-- 7#a7 the conveyed property shall no longer be considered to be a part of a reclamation project2 and 7#b7 the entity to which the conveyed property is conveyed shall not be eligible to receive any benefits with respect to the conveyed property 7including project power71 except for benefits that would be available to a similarly situated entity with respect to property that is not part of a reclamation project4 #h4 ,compliance with other laws 7a7 ,in general ,after a conveyance of title under this ,act1 the qualifying entity to which the property is conveyed shall comply with all applicable ,federal1 ,state1 and local laws 7including regulations7 in the operation of the conveyed property4 7b7 ,effect 7#a7 ,in general ,nothing in this ,act shall affect or interfere with-- 7,a7 the laws of any ,state relating to the control1 appropriation1 use1 or distribution of water used in irrigation or for any other purpose2 7,b7 any vested right acquired under ,state law2 or 7,c7 any interstate compact1 decree1 or negotiated water rights agreement4 7#b7 ,conformity with ,state law ,in carrying out this ,act1 the ,secretary shall proceed in conformity with the ,state laws and rights acquired under ,state law described in paragraph 7#a74 #i4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to carry out this ,act such sums as are necessary4 7b7 ,use of amounts ,amounts made available under subsection 7a7 may be used-- 7#a7 to carry out the investigations to carry out this ,act2 and 7#b7 to pay any other costs associated with conveyances under this ,act1 including an appropriate ,federal share of the costs of compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other applicable law4 7c7 ,not treated as project costs ,expenditures made by the ,secretary under this ,act-- 7#a7 shall not be a project cost assignable to a reclamation project2 and 7#b7 shall be nonreimbursable4 #aj4 ,termination of authority ,the authority of the ,secretary to carry out conveyances under this ,act shall terminate #ae years after the date of enactment of this ,act4