< Back to H.R. 3822 (104th Congress, 1995–1996)

Text of the Palmetto Bend Project Title Transfer Act

This bill was introduced on July 16, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 16, 1996 (Introduced).

Source: GPO

HR 3822 IH

104th CONGRESS

2d Session

H. R. 3822

To direct the Secretary of the Interior to transfer the Palmetto Bend Project.

IN THE HOUSE OF REPRESENTATIVES

July 16, 1996

Mr. LAUGHLIN introduced the following bill; which was referred to the Committee on Resources


A BILL

To direct the Secretary of the Interior to transfer the Palmetto Bend Project.

    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 ‘Palmetto Bend Project Title Transfer Act’.

SEC. 2. DEFINITIONS.

    As used in this Act--

      (1) the term ‘Federal reclamation laws’ means the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto;

      (2) the term ‘project’ means the Palmetto Bend Project and includes all features, functions, and property, real and personal, as authorized by Congress for the Palmetto Bend Project in Texas and constructed by the Bureau of Reclamation pursuant to Federal reclamation laws; and

      (3) the term ‘Secretary’ means the Secretary of the Interior.

SEC. 3. AGREEMENT FOR TITLE TRANSFER OF PALMETTO BEND PROJECT.

    (a) AGREEMENT- Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the Lavaca Navidad River Authority, individually, or both Lavaca Navidad River Authority and Texas Water Development Board, if the project is held jointly by them at the time the agreement is executed, for the transfer of the Palmetto Bend Project, Texas, authorized by Act approved October 12, 1968 (Public Law 90-562; 82 Stat. 999).

    (b) CONSIDERATION-

      (1) AMOUNT- The consideration for the transfer of such project under subsection (a) is $39,904,260, adjusted in accordance with paragraph (2), payable to the United States in cash.

      (2) ADJUSTMENT TO REFLECT CURRENT DISCOUNT RATE- The amount specified in paragraph (1) shall be increased or decreased by the same percentage as the ratio that the United States Treasury discount rate in effect on the date of enactment of this Act bears to such discount rate in effect on the date on which the agreement relating to such amount is executed.

SEC. 4. ASSUMPTION OF RESPONSIBILITIES AND LIABILITIES BY STATE OF TEXAS AND LOCAL ENTITIES.

    The agreement entered into under section 3 shall be subject to the following conditions:

      (1) The State of Texas or the transferee of the project shall assume the responsibility for implementation of Federal nonreimbursable aspects of the project and shall agree to hold public hearings concerning such implementation.

      (2) The State of Texas or the transferee of the project shall assume all liability for operation and maintenance of the purchased project.

      (3) The State of Texas or the transferee of the project--

        (A) shall assume sole responsibility and liability for the project purchased (or portion thereof) as of the date of conveyance of title, and

        (B) will hold the United States harmless and indemnify the United States against any and all claims of damage.

SEC. 5. GENERAL PROVISIONS.

    (a) TRANSFER OF TITLE- Upon payment of the consideration for the project pursuant to section 3, the Secretary shall convey to the transferee of the project, all right, title, and interest of the United States in and to all land and all improvements to the project.

    (b) RELIEF FROM OBLIGATION TO COMPLY WITH FEDERAL RECLAMATION LAWS- Effective on the date of transfer of the project under this Act--

      (1) the State of Texas and the transferee of the project are hereby relieved from any obligation arising after such date to comply with the Federal reclamation laws, and

      (2) the project beneficiaries shall not thereafter be eligible to receive reclamation benefits available pursuant to the Federal reclamation laws unless otherwise authorized by Congress.

    (c) COMPLIANCE WITH CURRENT LAW- The Congress finds that the assumption of Federal nonreimbursable responsibility by the State of Texas and the transferee of the project is in compliance with the National Environmental Policy Act of 1969, and therefore project purchase review shall not be required pursuant thereto.

    (d) LUMP SUM PAYMENTS- Section 213(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(c)) shall not apply to the project.