[DOCID: f:hr460.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-460
======================================================================
MCGEE CREEK PROJECT PIPELINE AND ASSOCIATED FACILITIES CONVEYANCE ACT
_______
December 4, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2085]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2085) to authorize the Secretary of the Interior
to convey to the McGee Creek Authority certain facilities of
the McGee Creek Project, Oklahoma, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2085 is to authorize the Secretary of
the Interior to convey to the McGee Creek Authority certain
facilities of the McGee Creek Project, Oklahoma, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
The McGee Creek Project, near Atoka, Oklahoma, was
authorized in Title VII of the Reclamation Authorizations Act
of 1976 for the propose of storing, regulating, and conveying
water for municipal and industrial use. Oklahoma City, Soda,
Atoka County, and the City of Atoka are provided with a
supplemental municipal and industrial water supply from the
McGee Project.
The McGee Creek Authority (Authority) was established to
develop, finance, operate and maintain the water supply in the
McGee Creek Reservoir. The Authority became responsible for the
operation and maintenance of the project on September 1, 1990.
H.R. 2085 seeks to transfer ownership of certain facilities
of the McGee Creek Project, currently held by the United States
through the Bureau of Reclamation, to the McGee Creek
Authority. The title transfer includes 23.83 acres of land, 17
miles of raw water pipeline, all control structures and related
appurtenances, as well as the Rate of Flow Control Station at
Lake Atoka. This transfer does not include the Dam or
Reservoir.
Public Law 101-514, Title II section 205(a) authorized the
Secretary to enter into a contract with the McGee Creek
Authority to accept final payment of the original repayment
obligation for the McGee Creek Project. Title II, Section
205(c) of Public Law 101-514 specifically states that the title
to the McGee Creek project facilities shall remain with the
United States, even if the repayment obligation has been
satisfied.
The Authority's repayment obligation was satisfied on
October 30, 1992 with a final payment of $88,600,000. The
Authority participants are still obligated to pay or provide
for the operation and maintenance of the project.
In April 2006, a Memorandum of Agreement (MOA) was signed
by the Bureau of Reclamation and the Authority in which they
agreed to seek legislation to authorize transfer of facilities
to the Authority. The MOA also outlined the responsibilities of
the Bureau and the Authority, including payment agreements. The
MOA is in effect for two years after the signing date.
The Bureau of Reclamation has not always implemented
facility transfers in a timely manner. The Committee will
exercise its oversight responsibilities with respect to the
implementation of this legislation. The Committee specifically
expects the Bureau of Reclamation to follow through on its
testimony that it will carry out the transfer as expeditiously
as possible within current law.
COMMITTEE ACTION
H.R. 2085 was introduced on May 1, 2007 by Rep. Mary Fallin
(R-OK). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water and Power. On September 18, 2007, the Subcommittee held a
hearing on the bill. On October 16, 2007, the Subcommittee met
to mark up the bill. The bill was then forwarded to the Full
Committee on Natural Resources. On November 15, 2007, the Full
Natural Resources Committee met to consider the bill. The bill
was favorably reported without amendment to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 designates the short title of the bill as the
``McGee Creek Project Pipeline and Associated Facilities
Conveyance Act.''
Section 2. Definitions
Section 2 defines certain terms used in the bill.
Section 3. Conveyance of McGee Creek Project Pipeline and Associated
Facilities
Section 3(a)(1) authorizes the Secretary of the Interior to
convey all right, title and interest of the United States to
the McGee Creek Authority for several specific McGee Creek
Project facilities.
Section 3(a)(2) excludes from conveyance any mineral
estates associated with the McGee Creek Project facilities
described in Sec. 3(a)(1).
Section 3(a)(3) requires all parties involved with the
conveyance of facilities to comply with any and all applicable
laws, including the National Environmental Policy Act of 1969,
the Endangered Species Act of 1973, and the National Historic
Preservation Act.
Section 3(b) requires all operation of transferred
facilities to comply with all applicable federal, state and
local laws, and transfers the operation and maintenance costs
of the transferred facilities to the Authority. The Authority
is not eligible to receive federal funding for operation and
maintenance costs.
Section 3(c) releases the United States from liability for
damages on the transferred facilities and adds no additional
liability under 28 U.S.C. 2674.
Section 3(d) requires that the contract between the
Authority and the United States remain in effect, except as
amended, and amends the contract to reflect the transfer of
facilities to the McGee Creek Authority.
Section 3(e) requires that reclamation laws still be
applied to any project water provided to the Authority.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2085--McGee Creek Project Pipeline and Associated Facilities
Conveyance Act
H.R. 2085 would authorize the Secretary of the Interior to
convey a pipeline and associated water facilities to the McGee
Creek Authority of Oklahoma City, Oklahoma. The Authority would
be responsible for all operation and maintenance costs of the
pipeline and facilities after the conveyance.
CBO estimates that implementing H.R. 2085 would have no
significant effect on the federal budget. The Authority has
repaid the federal government its obligation for building the
pipeline and related facilities. Under the bill, any
administrative costs to the federal government for conveying
the facilities would be paid by the McGee Creek Authority.
Enacting H.R. 2085 would not affect direct spending or
revenues.
H.R. 2085 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The state of Oklahoma and certain local governments would
benefit from the conveyances authorized in this bill. Any costs
to those governments would be incurred voluntarily.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
HR 2085 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
<all>