(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act
(Sec. 3) This bill authorizes the Department of the Interior to convey U.S. interest in an eligible reclamation project or facility to an agency of a state political subdivision, a joint action or powers agency, a water users association, or an Indian tribe or tribal utility authority that holds a water service contract for such property and that has the capacity to continue to manage the property for the same purposes for which it has been managed under reclamation law, if: (1) Interior notifies Congress in writing of the proposed conveyance at least 90 days in advance, and (2) Congress does not pass a joint resolution disapproving the conveyance. A facility that generates hydropower marketed by a power marketing administration shall not be eligible for such conveyance.
An entity that operates and maintains an eligible facility at the time Interior attempts to facilitate its conveyance shall have the right of first refusal to receive the conveyance.
(Sec. 4) Criteria for determining whether facilities are eligible for title transfer shall include: (1) the transfer will not have an unmitigated significant effect on the environment, (2) the qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time Interior evaluates the potential transfer, and (3) the qualifying entity agrees to provide the United States the equivalent of the present value of any repayment obligation or other income stream the United States derives from the assets to be transferred.
(Sec. 5) No conveyance under this bill may adversely impact power rates or repayment obligations.
(Sec. 9) Interior shall submit, as part of its annual budget submission to Congress: (1) a description of the actions taken to implement this bill, and (2) a list of conveyances made or initiated by Interior or a qualifying entity under this bill.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3281 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3281
To authorize the Secretary of the Interior to facilitate the transfer
to non-Federal ownership of appropriate reclamation projects or
facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2017
Mr. Lamborn introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to facilitate the transfer
to non-Federal ownership of appropriate reclamation projects or
facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Title Transfer and Non-
Federal Infrastructure Incentivization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Eligible facility.--The term ``eligible facility''--
(A) means a reclamation project or facility, or a
portion of such a project or facility (which may
include dams and appurtenant works, infrastructure,
recreational facilities, buildings, distribution and
drainage works, and associated lands or interests in
lands or water) that meets the criteria for potential
transfer established pursuant to section 4; and
(B) does not include a reclamation facility or
separately functioning portion of such facility that
generates hydropower marketed by a power marketing
administration.
(3) Qualifying entity.--The term ``qualifying entity''
means an agency of a State political subdivision, joint action
or powers agency, water users association, Indian Tribe or
Tribal utility authority, that--
(A) held or holds a water service contract,
repayment contract, operation and maintenance contract,
water rights settlement contract or exchange contract
providing for water service from the eligible facility
to be transferred; and
(B) as determined by the Secretary, has the
capacity to continue to manage the conveyed property
for the same purposes by which the property has been
managed under reclamation law.
(4) Conveyed property.--The term ``conveyed property''
means an eligible facility that has been transferred out of
Federal ownership under this Act.
SEC. 3. AUTHORIZATION OF TITLE TRANSFER.
(a) In General.--The Secretary may convey to a qualifying entity
all right, title, and interest of the United States in and to any
eligible facility, subject to subsections (b) and (c), if--
(1) the Secretary notifies Congress in writing of the
proposed conveyance, and the reasons for the conveyance, not
later than 90 days before the date on which the Secretary makes
the conveyance; and
(2) Congress does not pass a joint resolution disapproving
the conveyance before such date.
(b) Associated Water Rights and Uses.--Federal interests in
associated water rights and uses, if included, shall be conveyed in
accordance with applicable State law under this Act by a written
agreement between the Secretary and the qualifying entity.
(c) Consultation.--Interests in eligible facilities shall be
conveyed under this Act by a written agreement between the Secretary
and the qualifying entity, developed in consultation with any existing
water and power customers affected by the eligible facility.
(d) 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 (c) is a qualifying
entity, that entity shall have the right of first refusal to receive
the conveyance under this Act.
SEC. 4. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT.
Not later than one year after the date of the enactment of this
Act, the Secretary shall establish criteria for determining whether
facilities are eligible for title transfer under this Act. The criteria
shall include the following minimum requirements:
(1) The qualifying entity agrees to accept title to the
property proposed for transfer.
(2) The proposed title transfer will not have an
unmitigated significant effect on the environment.
(3) 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 transfer.
(4) The transfer is consistent with the Secretary's
responsibility to protect land and water resources held in
trust for federally recognized Indian Tribes.
(5) The transfer is consistent with the Secretary's
responsibility to ensure compliance with international treaties
and interstate compacts.
(6) The qualifying entity agrees to provide, as
consideration for the assets to be conveyed, 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 transfer.
SEC. 5. OTHER CONDITIONS FOR CONVEYANCES.
(a) Power Rates.--No conveyance under this Act may adversely impact
power rates or repayment obligations.
(b) NEPA.--The Secretary shall apply a categorical exclusion
process under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) on eligible facilities under this Act.
SEC. 6. LIABILITY.
Effective upon the date of conveyance of any eligible facility
pursuant to this Act, the United States shall not be liable for damages
of any kind arising out of any act, omission, or occurrence based on
its prior ownership or operation of the conveyed property, except for
damages caused by acts of negligence committed by the United States or
by its employees, agents, or contractors, prior to conveyance.
SEC. 7. BENEFITS.
After a conveyance under this Act--
(1) the conveyed property shall not be considered to be a
part of a Federal reclamation project; and
(2) in the event that a transfer of an entire project
occurs, the entity to which the property is conveyed shall not
be eligible to receive any benefits, including project power,
with respect to the conveyed property, except benefits that
would be available to a similarly situated entity with respect
to property that is not part of a Federal reclamation project.
SEC. 8. COMPLIANCE WITH OTHER LAWS.
After a conveyance under this Act, the entity to which the property
is conveyed shall comply with all applicable Federal, State, and local
laws and regulations in its operation of the conveyed property.
SEC. 9. NOTIFICATION.
The Secretary shall submit, as part of the Secretary's annual
budget submission to Congress--
(1) a description of the actions taken to implement this
Act; and
(2) a list of conveyances made or initiated by the
Secretary or a qualifying entity under this Act.
<all>
Ordered to be Reported by the Yeas and Nays: 17 - 12.
Reported by the Committee on Natural Resources. H. Rept. 115-334.
Reported by the Committee on Natural Resources. H. Rept. 115-334.
Placed on the Union Calendar, Calendar No. 242.
Rules Committee Resolution H. Res. 985 Reported to House. Rule provides for consideration of H.R. 50 and H.R. 3281. Rule provides for consideration of H.R. 50 under a structured rule and H.R.3281 under a closed rule. Each measure is allowed one motion to recommit with or without instructions.
Rule H. Res. 985 passed House.
Considered under the provisions of rule H. Res. 985. (consideration: CR H6154-6160)
Rule provides for consideration of H.R. 50 and H.R. 3281. Rule provides for consideration of H.R. 50 under a structured rule and H.R.3281 under a closed rule. Each measure is allowed one motion to recommit with or without instructions.
DEBATE - The House proceeded with one hour of debate on H.R. 3281.
The previous question was ordered pursuant to the rule.
Mr. Huffman moved to recommit with instructions to the Committee on Natural Resources. (text: CR H6160)
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DEBATE - The House proceeded with 10 minutes of debate on the Huffman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a section at the end of the bill entitled "Prohibition Against Conflict of Interest".
The previous question on the motion to recommit with instructions was ordered without objection.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Huffman motion to recommit with instructions, the Chair put the question on the motion to recommit, and by voice vote announced that the noes had prevailed. Mr. Huffman demanded the yeas and nays, and the Chair postponed further proceedings on the motion to recommit until later in the legislative day.
Considered as unfinished business. (consideration: CR H6161-6162)
On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 230 (Roll no. 324).
Roll Call #324 (House)Passed/agreed to in House: On passage Passed by recorded vote: 233 - 184 (Roll no. 325).(text: CR H6155-6156)
Roll Call #325 (House)On passage Passed by recorded vote: 233 - 184 (Roll no. 325). (text: CR H6155-6156)
Roll Call #325 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.