,,ii #aaeth ,,congress #b;d ,session ,s4 #befj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ae1 #bjah ,mr4 ,risch 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 #bjah4 #b4 ,purpose ,the purpose of this ,act is to facilitate the transfer of title to eligible facilities to qualifying entities that have completed the repayment of the capital costs of the eligible facilities through capital repayment contracts with ,reclamation4 #c4 ,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 #d4 7#b7 ,eligible facility ,the term eligible facility means a facility that meets the criteria for potential transfer established under section #e7;a74 7#c7 ,facility 7,a7 ,in general ,the term facility means-- 7i7 a ,reclamation project or facility2 or 7ii7 a portion of a ,reclamation project or facility4 7,b7 ,inclusions ,the term facility includes a dam or appurtenant works1 infrastructure1 a recreational facility1 a building1 a distribution and drainage works1 and associated land or interest in land or water4 7,c7 ,exclusions ,the term facility does not include a ,reclamation project or facility1 or a portion of a ,reclamation project or facility1 that-- 7i7 generates hydropower marketed by a ,federal power marketing administration2 or 7ii7 is managed for recreation under a lease1 permit1 license1 or other management agreement that does contribute to capital repayment4 7#d7 ,qualifying entity ,the term qualifying entity means an agency of a ,state or political subdivision of a ,state1 a joint action or powers agency1 a water users association1 or an ,indian ,tribe or ,tribal utility authority that-- 7,a7 as of the date of conveyance under this ,act1 is the current operator of the conveyed facility pursuant to a contract with ,reclamation2 and 7,b7 as determined by the ,secretary1 has the capacity to continue to manage the conveyed property for the same purposes for which the property has been managed under the reclamation laws4 7#e7 ,reclamation ,the term ,reclamation means the ,bureau of ,reclamation4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 #d4 ,authorization of transfers of titles to eligible facilities 7a7 ,in general ,subject to the requirements of this section1 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 if-- 7#a7 not later than #ij days before the date on which the ,secretary makes the conveyance1 the ,secretary submits to ,congress-- 7,a7 a written notice of the proposed conveyance2 and 7,b7 a description of the reasons for the conveyance2 and 7#b7 a joint resolution disapproving the conveyance is not enacted before the date on which the ,secretary makes the conveyance4 7b7 ,reservation of easement ,the ,secretary may reserve an easement over a conveyed property if-- 7#a7 the ,secretary determines that the easement is necessary for the management of any interests retained by the ,federal ,government under this ,act2 7#b7 a portion of the conveyed property remains under ,federal ownership2 and 7#c7 the ,secretary enters into an agreement regarding the easement with the applicable qualifying entity4 7c7 ,interests in water ,the ,federal interest in associated water rights and uses relating to a conveyed property1 if any1 shall be conveyed under this section in accordance with applicable ,state law pursuant to a written agreement between the ,secretary and the applicable qualifying entity4 #e4 ,eligibility criteria 7a7 ,establishment ,the ,secretary shall establish criteria for determining whether a facility is 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 shall agree-- 7,a7 to accept title to the eligible facility2 7,b7 to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the ,secretary evaluates the potential transfer2 and 7,c7 to provide1 as consideration for the assets to be conveyed1 compensation to the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 in an amount that is the equivalent of the net present value of any repayment obligation to the ,united ,states or other income stream that the ,united ,states derives from the eligible facility to be transferred1 as of the date of the transfer4 7#b7 ,determinations of ,secretary ,the criteria established under subsection 7a7 shall include a requirement that the ,secretary shall-- 7,a7 be able to enter into an agreement with the qualifying entity with respect to the legal1 institutional1 and financial arrangements relating to the conveyance2 and 7,b7 determine that the proposed transfer-- 7i7 would not have an unmitigated significant effect on the environment2 7ii7 is consistent with the responsibilities 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 7iii7 is in the financial interest of the ,united ,states4 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 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 based on historical or existing uses 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 ,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 part of a ,reclamation project2 and 7#b7 if the transfer of an entire ,reclamation project occurs pursuant to such a conveyance1 the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits1 including project power1 with respect to the conveyed property1 except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a ,reclamation project4 #h4 ,compliance with other laws 7a7 ,operation of conveyed property ,after conveyance of an eligible facility under this ,act1 the qualifying entity to which the conveyed property is conveyed shall comply with all applicable ,federal1 ,state1 and local laws 7including regulations7 in the operation of the conveyed property4 7b7 ,federal environmental laws applicable to title transfer ,for purposes of achieving compliance with ,federal environmental laws 7including regulations7 applicable to a transfer of title under this ,act1 the ,federal agency action shall be limited to the change in ownership status of an applicable eligible facility if the ability of the applicable qualifying entity to alter the existing uses or operations of the conveyed property after the conveyance is limited due to the fact that-- 7#a7 any modification to the purpose or location of applicable water use would require a modification of a ,state-issued water right that requires action by the ,state in which the eligible facility is located2 or 7#b7 any modification to the purpose or operation of the eligible facility requires an action by a qualifying entity that is constrained by applicable requirements that were established-- 7,a7 by an applicable ,state legislature1 ,state regulatory agency1 publicly elected board1 appointed board1 or other related entity2 and 7,b7 through a public process or other1 similar procedure that constrains1 or imposes public scrutiny or additional accountability on1 the ability of the qualifying entity to carry out such a modification4 #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 any investigations appropriate to carry out this ,act2 and 7#b7 to pay any other costs associated with conveyances under this ,act1 including an appropriate ,federal share1 as determined by the ,secretary1 of the costs of compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any 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