text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Reclamation Title Transfer Act of 
  2008''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Eligible facility.--The term ``eligible facility'' 
          means a reclamation project or facility, or a portion of such a 
          project or facility (which may include dams and appurtenant 
          works, water rights, 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 5.
              (2) Qualifying entity.--The term ``qualifying entity'' 
          means an agency of a State or local government or an Indian 
          tribe, a municipal corporation, public agency, or other entity 
          such as a water district, that--
                      (A) held or holds a water service contract, 
                  repayment 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 that the property has been managed under 
                  reclamation law.
              (3) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior.
              (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 PROGRAM.
  
      (a) Title Transfer Program.--Not later than one year after the date 
  of the enactment of this Act, the Secretary shall establish a program 
  to--
              (1) identify and analyze the potential for public benefits 
          from the transfer out of Federal ownership of eligible 
          facilities, which may include an analysis of the financial, 
          operational, water supply, and environmental characteristics of 
          the properties proposed for transfer; and
              (2) facilitate transfer of title of eligible facilities out 
          of Federal ownership to promote more efficient management of 
          water and water-related facilities.
      (b) Authorization To Transfer Title to Eligible Facilities.--The 
  Secretary, without further authorization from Congress, is authorized 
  to convey all right, title, and interest in any eligible facility to a 
  qualifying entity, provided that--
              (1) the Secretary shall retain any mineral interests 
          associated with the conveyed property, but all mineral 
          interests retained by the United States under this Act shall be 
          managed consistent with Federal law in a manner so as not to 
          interfere with the purposes for which the eligible facility was 
          authorized;
              (2) interests in water shall be conveyed under this Act by 
          a written Agreement between the Secretary and the qualifying 
          entity; and
              (3) 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 the 
          existing power customers of the eligible facility.
  
  SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS.
  
      Before conveying land and facilities under this Act, the Secretary 
  shall complete all actions required under all applicable laws, 
  including--
              (1) the National Environmental Policy Act of 1969 (42 
          U.S.C. 4321 et seq.);
              (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
          seq.); and
              (3) the National Historic Preservation Act of 1966 (16 
          U.S.C. 470a et seq.).
  
  SEC. 5. 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) A 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 net 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.
              (7) Interests in water shall only be eligible for 
          conveyance under this Act--
                      (A) in connection with a conveyance of title to 
                  associated land or infrastructure; and
                      (B) when the qualifying entity already has a 
                  contractual right to delivery or other interest or use 
                  right in the water being considered for conveyance.
              (8) No conveyance under this Act may--
                      (A) adversely impact power rates or repayment 
                  obligations; or
                      (B) include a Federal facility that produces power 
                  that is sold to or eligible to be sold to power 
                  customers pursuant to section 9(c) of the Reclamation 
                  Project Act of 1939 (43 U.S.C. 485h(c)).
  
  SEC. 6. LIABILITY.
  
      Effective upon the date of conveyance of any eligible facility 
  pursuant to this Act, the United States shall not be liable under any 
  law for damages of any kind arising out of any act, omission, or 
  occurrence based on its prior ownership or operation of the conveyed 
  property.
  
  SEC. 7. BENEFITS.
  
      After a conveyance of title under this Act--
              (1) the conveyed property shall not be considered to be a 
          part of a Federal reclamation project; and
              (2) 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.
  
      (a) In General.--After a conveyance of title 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.
      (b) Applicable Authority.--In accordance with section 213(a) and 
  (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269), the 
  ownership and full-cost pricing limitations of Federal reclamation law 
  (the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts 
  supplementary thereto and amendatory thereof) shall not apply to water 
  in which an interest is conveyed to a qualifying entity under this Act, 
  except that all provisions of Federal reclamation law shall be 
  applicable to project water provided to the entity from facilities that 
  are part of a Federal reclamation project.
  
  SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
  
      There are authorized to be appropriated such sums as may be 
  necessary to carry out this Act. These funds may be used to carry out 
  the investigations authorized under this Act, and for other costs 
  associated with title transfer under this Act, including an appropriate 
  Federal share of the costs of compliance with the National 
  Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
  applicable Federal law. Expenditures made by the Secretary under this 
  Act shall not be a project cost assignable to any Federal reclamation 
  project and shall be nonreimbursable.
  
  SEC. 10. REPORT.
  
      Not later than two years after the date that funds are made 
  available for this Act, the Secretary shall submit a report to the 
  Natural Resources Committee of the House of Representatives and the 
  Energy and Natural Resources Committee of the Senate. The report 
  shall--
              (1) describe actions taken to implement this Act;
              (2) list conveyances made under this Act;
              (3) state the amount of Federal funds obligated or expended 
          to carry out this Act; and
              (4) describe factors that limit conveyances under in this 
          Act.
  
  SEC. 11. RECLAMATION LAW.
  
      This Act shall amend and supplement the Act of June 17, 1902 (32 
  Stat. 388, chapter 1093), and Acts supplementary thereto and amendatory 
  thereof (43 U.S.C. 371 et seq.).
target: Reclamation Title Transfer Act of 2008 - Directs the Secretary of the Interior to establish a program to: (1) identify and analyze the potential for public benefits from the transfer out of federal ownership of eligible reclamation projects or facilities; and (2) facilitate such transfer to promote more efficient management of water and water-related facilities.
  
  Authorizes the Secretary to convey title in any such facility to a qualifying entity (including an agency of a state or local government or Indian tribe, a municipal corporation, or another entity such as a water district), provided that: (1) the Secretary retains any associated mineral interests; (2) water interests are conveyed by written agreement; and (3) interests in eligible facilities are conveyed by an agreement developed in consultation with the facility's existing power customers.
  
  Requires the Secretary to: (1) complete all actions required under all applicable laws (including environmental and historic preservation laws) before conveying land and facilities; and (2) establish criteria for determining whether facilities are eligible for title transfer, including requirements that a qualifying entity agrees to accept title to the property and that the proposed title transfer will not have an unmitigated significant effect on the environment.
  
  Shields the United States from liability for any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. Requires a recipient entity to comply with all applicable laws and regulations in its operation of conveyed property.
feat_title: To authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and for other purposes.