#aaeth ,,congress #b;d ,session ,h4 ,r4 #cbha ,,an ,,act ,to authorize the ,secretary of the ,interior 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 and ,non-,federal ,infrastructure ,incentivization ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,eligible facility ,the term eligible facility-- 7,a7 means a reclamation project or facility1 or a portion of such a project or facility 7which may include dams and appurtenant works1 infrastructure1 recreational facilities1 buildings1 distribution and drainage works1 and associated lands or interests in lands or water7 that meets the criteria for potential transfer established pursuant to section #d2 and 7,b7 does not include a reclamation facility or separately functioning portion of such facility that generates hydropower marketed by a power marketing administration4 7#c7 ,qualifying entity ,the term qualifying entity means an agency of a ,state political subdivision1 joint action or powers agency1 water users association1 ,indian ,tribe or ,tribal utility authority1 that-- 7,a7 held or holds a water service contract1 repayment contract1 operation and maintenance contract1 water rights settlement contract or exchange contract providing for water service from the eligible facility to be transferred2 and 7,b7 as determined by the ,secretary1 has the capacity to continue to manage the conveyed property for the same purposes by which the property has been managed under reclamation law4 7#d7 ,conveyed property ,the term conveyed property means an eligible facility that has been transferred out of ,federal ownership under this ,act4 #c4 ,authorization of title transfer 7a7 ,in general ,the ,secretary may convey to a qualifying entity all right1 title1 and interest of the ,united ,states in and to any eligible facility1 subject to subsections 7b7 and 7c71 if-- 7#a7 the ,secretary notifies ,congress in writing of the proposed conveyance1 and the reasons for the conveyance1 not later than #ij days before the date on which the ,secretary makes the conveyance2 and 7#b7 ,congress does not pass a joint resolution disapproving the conveyance before such date4 7b7 ,associated water rights and uses ,federal interests in associated water rights and uses1 if included1 shall be conveyed in accordance with applicable ,state law under this ,act by a written agreement between the ,secretary and the qualifying entity4 7c7 ,consultation ,interests in eligible facilities shall be conveyed under this ,act by a written agreement between the ,secretary and the qualifying entity1 developed in consultation with any existing water and power customers affected by the eligible facility4 7d7 ,right of first refusal ,if the entity that operates and maintains an eligible facility at the time that the ,secretary attempts to facilitate the conveyance under subsection 7c7 is a qualifying entity1 that entity shall have the right of first refusal to receive the conveyance under this ,act4 #d4 ,eligibility criteria for title transfer under this ,act ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall establish criteria for determining whether facilities are eligible for title transfer under this ,act4 ,the criteria shall include the following minimum requirements3 7#a7 ,the qualifying entity agrees to accept title to the property proposed for transfer4 7#b7 ,the proposed title transfer will not have an unmitigated significant effect on the environment4 7#c7 ,the qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time the ,secretary evaluates the potential transfer4 7#d7 ,the transfer is consistent with the ,secretary's responsibility to protect land and water resources held in trust for federally recognized ,indian ,tribes4 7#e7 ,the transfer is consistent with the ,secretary's responsibility to ensure compliance with international treaties and interstate compacts4 7#f7 ,the qualifying entity agrees to provide1 as consideration for the assets to be conveyed1 compensation to the ,united ,states worth the equivalent of the present value of any repayment obligation to the ,united ,states or other income stream the ,united ,states derives from the assets to be transferred at the time of the transfer4 #e4 ,other ,conditions for ,conveyances 7a7 ,power rates ,no conveyance under this ,act may adversely impact power rates or repayment obligations4 7b7 ,,nepa ,the ,secretary shall apply a categorical exclusion process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 on eligible facilities under this ,act4 #f4 ,liability ,effective upon the date of conveyance of any eligible facility pursuant to this ,act1 the ,united ,states shall not be liable for damages of any kind arising out of any act1 omission1 or occurrence based on its prior ownership or operation of the conveyed property1 except for damages caused by acts of negligence committed by the ,united ,states or by its employees1 agents1 or contractors1 prior to conveyance4 #g4 ,benefits ,after a conveyance under this ,act-- 7#a7 the conveyed property shall not be considered to be a part of a ,federal reclamation project2 and 7#b7 in the event that a transfer of an entire project occurs1 the entity to which the property is conveyed shall not be eligible to receive any benefits1 including project power1 with respect to the conveyed property1 except benefits that would be available to a similarly situated entity with respect to property that is not part of a ,federal reclamation project4 #h4 ,compliance with other laws ,after a conveyance under this ,act1 the entity to which the property is conveyed shall comply with all applicable ,federal1 ,state1 and local laws and regulations in its operation of the conveyed property4 #i4 ,notification ,the ,secretary shall submit1 as part of the ,secretary's annual budget submission to ,congress-- 7#a7 a description of the actions taken to implement this ,act2 and 7#b7 a list of conveyances made or initiated by the ,secretary or a qualifying entity under this ,act4 ,passed the ,house of ,representatives ,july #ab1 #bjah4;,clerk4