,,ii ,calendar ,no4 #fha #aaeth         
,,congress  #b;d ,session  ,s4 #befj    
,report ,no4 #aae-cie ,,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         
,november #bh1 #bjah,reported by ,ms4   
,murkowski1 with an amendment,strike out
 all after the enacting clause and      
insert the part printed in italic  ,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  #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 ,reclamation project        
facilities to qualifying entities on the
 completion of repayment of capital     
costs4  #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 includes a   
dam or appurtenant works1 canal1        
lateral1 ditch1 gate1 control structure1
 pumping station1 other infrastructure1 
recreational facility1 building1        

distribution and drainage works1 and    
associated land or interest in land or  
water4  7,b7 ,exclusions ,the term      
facility does not include a ,reclamation
 project facility1 or a portion of a    
,reclamation project facility-- 7i7 that
 is a reserved works as of the date of  
enactment of this ,act2  7ii7 that      
generates hydropower marketed by a      
,federal power marketing administration2
 or  7iii7 that is managed for          
recreation under a lease1 permit1       
license1 or other management agreement  
that does contribute to capital         
repayment4  7#d7 ,project use power ,the
 term project use power means the       
electrical capacity1 energy1 and        
associated ancillary service components 
required to provide the minimum         
electrical service needed to operate or 
maintain ,reclamation project facilities
 in accordance with the authorization   
for the ,reclamation project4  7#e7     
,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 eligible facility pursuant to a     
contract with ,reclamation2 and  7,b7 as
 determined by the ,secretary1 has the  
capacity to continue to manage the      
eligible facility for the same purposes 
for which the property has been managed 
under the reclamation laws4  7#f7       
,reclamation ,the term ,reclamation     
means the ,bureau of ,reclamation4  7#g7
 ,reclamation project ,the term         
,reclamation project means--  7,a7 any  
reclamation or irrigation project1      
including incidental features of the    
project-- 7i7 that is authorized by the 
reclamation laws2  7ii7 that is         
constructed by the ,united ,states      
pursuant to the reclamation laws2 or    
7iii7 in connection with which there is 
a repayment or water service contract   

executed by the ,united ,states pursuant
 to the reclamation laws2 or  7,b7 any  
project constructed by the ,secretary   
for the reclamation of land4  7#h7      
,reserved works ,the term reserved works
 means any building1 structure1         
facility1 or equipment--  7,a7 that is  
owned by the ,bureau2 and  7,b7 for     
which operations and maintenance are    
performed1 regardless of the source of  
funding--  7i7 by an employee of the    
,bureau2 or  7ii7 through a contract    
entered into by the ,commissioner4  7#i7
 ,secretary ,the term ,secretary means  
the ,secretary of the ,interior1 acting 
through the ,commissioner of            
,reclamation4  #d4 ,authorization of    
transfers of title to eligible          
facilities  7a7 ,authorization  7#a7 ,in
 general ,subject to the requirements of
 this ,act1 the ,secretary1 without     
further authorization from ,congress1   
may1 on application of a qualifying     
entity1 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--  7i7 a
 written notice of the proposed         
conveyance2 and  7ii7 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  7#b7 ,consultation ,a      
conveyance under paragraph 7#a7 shall be
 made by written agreement between the  
,secretary and the qualifying entity1   
developed in consultation with any      
existing water and power customers      
affected by the conveyance of the       
eligible facility4  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 the ,reclamation project or a      
portion of the ,reclamation project     
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 ,if a ,federal      
interest in water rights and uses       
relating to a conveyed property is to be
 conveyed under this section with the   
conveyed property1 the ,federal interest
 in water rights and uses shall be      
quantified and conveyed by an           
independent written agreement1 subject  
to applicable public participation      
requirements4  #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
  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 in the role as trustee for        
federally recognized ,indian ,tribes2   
and  7,,ii7 to ensure compliance with   
any applicable international and ,tribal
 treaties and agreements and interstate 
compacts and agreements2  7iii7 is in   
the financial interest of the ,united   
,states2  7iv7 protects the public      
aspects of the eligible facility1       
including water rights managed for      
public purposes1 such as flood control  
or fish and wildlife2  7v7 complies with
 all applicable ,federal and ,state law2
 and  7vi7 will not result in an adverse
 impact on fulfillment of existing water
 delivery obligations consistent with   
historical operations and applicable    
contracts2 and  7,c7 if the eligible    
facility proposed to be transferred is a

 dam or diversion works diverting water 
from a water body containing a species  
listed as a threatened species or an    
endangered species or critical habitat  
under the ,endangered ,species ,act of  
#aigc 7#af ,u4,s4,c4 #aeca et seq471    
determine that--  7i7 7,i7 the eligible 
facility would remain subject to        
consultation requirements under section 
#g7;a77#b7 of that ,act 7#af ,u4,s4,c4  
#aecf7;a77#b772  7,,ii7 on completion of
 a biological assessment under section  
#djb4ab of title #ej1 ,code of ,federal 
,regulations 7or successor regulations71
 or an informal consultation under      
section #djb4ac of title #ej1 ,code of  
,federal ,regulations 7or successor     
regulations71 the ,commissioner of      
,reclamation and the ,director of the   
,united ,states ,fish and ,wildlife     
,service or the ,director of the        
,national ,marine ,fisheries ,service1  
as applicable1 have concurred in        
writing1 consistent with section        
#djb4ad7;b77#a7 of title #ej1 ,code of  

,federal ,regulations 7or successor     
regulations71 that no action associated 
with the eligible facility is likely to 
adversely affect any species listed as a
 threatened species or an endangered    
species or critical habitat under that  
,act 7#af ,u4,s4,c4 #aeca et seq472 or  
7,,iii7 the qualifying entity completed 
a habitat conservation plan pursuant to 
section #aj of that ,act 7#af ,u4,s4,c4 
#aeci7 prior to the transfer2 and  7ii7 
the eligible facility is not located in 
the ,state of ,california4  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  7c7 ,hold harmless ,no    
conveyance under this ,act shall        
adversely impact applicable ,federal    
power rates1 repayment obligations1 or  
other project power uses4  #f4          
,liability  7a7 ,in general ,effective  
on the date of conveyance of any        
eligible facility under this ,act1 the  
,united ,states shall not be held liable
 by any court for damages of any kind   
arising out of any act1 omission1 or    
occurrence relating to the eligible     
facility1 other than damages caused by  
acts of negligence committed by the     
,united ,states or by agents or         
employees of the ,united ,states prior  
to the date of the conveyance4  7b7     
,effect ,nothing in this section        
increases the liability of the ,united  
,states beyond that currently provided  
in chapter #aga of title #bh1 ,united   
,states ,code 7commonly known as the    

,federal ,tort ,claims ,act74  #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  7#b7 except as   
provided in paragraph 7#c71 the         
qualifying entity to which the conveyed 
property is conveyed shall not be       
eligible to receive any benefits1       
including project use 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 project2 and  7#c7 the
 qualifying entity to which the conveyed
 property is conveyed may be eligible to
 receive project use power if--  7,a7   
the ,secretary determines that the      
qualifying entity has historically been 
responsible for a proportionate share of
 the operation and maintenance expenses 
for ,federal facilities that generate   
and transmit1 if applicable1 power used 

for the delivery of ,reclamation project
 water2 and  7,b7 the ,secretary and the
 qualifying entity enter into an        
agreement under which the qualifying    
entity agrees to continue to be         
responsible for a proportionate share of
 operation and maintenance and capital  
costs for the ,federal facilities that  
generate and deliver1 if applicable1    
power used for delivery of ,reclamation 
project water after the date of         
conveyance1 in accordance with          
,reclamation project use power rates4   
#h4 ,compliance with other laws  7a7 ,in
 general ,before conveying an eligible  
facility under this ,act1 the ,secretary
 shall comply with all applicable       
,federal environmental 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 subtitle ,,iii
 of title #ed1 ,united ,states ,code4   
7b7 ,sense of congress ,it is the sense 

of ,congress that any ,federal          
permitting and review processes required
 with respect to a conveyance of an     
eligible facility under this ,act should
 be completed with the maximum          
efficiency and effectiveness4  #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  7d7 ,effect  
,nothing in this section affects the    
authority of the ,secretary to recover  
non-,federal costs associated with      
conveyances under this ,act4  ,november 
#bh1 #bjah,reported with an amendment