S.Amdt. 109

SA 109. Mr. HOEVEN (for himself and Mr. Cramer) submitted an
amendment intended to be proposed by him to the bill S. 47, to provide
for the management of the natural resources of the United States, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VIII, insert the
following:

SEC. 83__. CONVEYANCE OF THE OAKES TEST AREA OF THE GARRISON
DIVERSION UNIT PROJECT, NORTH DAKOTA.

(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means a title
transfer agreement between the United States and the
District--
(A) to determine the legal, operational, institutional, and
financial terms related to the conveyance of the Oakes Test
Area as required under subsection (b); and
(B) to be entered into pursuant to the memorandum of
agreement entitled ``Memorandum of Agreement Between United
States of America Department of the Interior Bureau of
Reclamation and Dickey-Sargent Irrigation District for the
Purpose of Defining Roles and Responsibilities for Actions
Required to Prepare for Title Transfer of Certain Facilities,
Land, and Appurtenances at the Garrison Diversion Unit
Project Oakes Test Area'', dated December 18, 2018, and
numbered 19AG620033.
(2) District.--The term ``District'' means the Dickey-
Sargent Irrigation District.
(3) Oakes test area.--The term ``Oakes Test Area'' means
the facilities, land, and appurtenances of the approximately
5,000-acre prototype irrigation test area authorized as part
of the Garrison Diversion Unit Project in the James River
Basin, as described in the Agreement.
(b) Conveyance to District.--As soon as practicable after
the date of enactment of this Act, the Secretary shall convey
to the District all right, title, and interest of the United
States in and to the Oakes Test Area, consistent with the
terms and conditions of the Agreement.
(c) Liability.--
(1) In general.--Effective on the date of conveyance to the
District of the Oakes Test Area under this section, the
United States shall not be held liable by any court for
damages of any kind arising out of any act, omission, or
occurrence relating to the Oakes Test Area, except for
damages caused by acts of negligence committed by the United
States or by an employee or agent of the United States prior
to the date of conveyance.
(2) Applicable law.--Nothing in this section increases the
liability of the United States beyond the liability provided
in chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act''), on the date of
enactment of this Act.
(d) Benefits.--After the conveyance of the Oakes Test Area
to the District under this section--
(1) the Oakes Test Area shall not be considered to be a
part of a Federal reclamation project; and

[[Page S873]]

(2) the District shall not be eligible to receive any
benefits with respect to any facility comprising that Oakes
Test Area, other than benefits that would be available to a
similarly situated person with respect to a facility that is
not part of a Federal reclamation project.
(e) Communication.--If the Secretary has not completed the
conveyance required under subsection (b) by the date that is
1 year after the date of enactment of this Act, the Secretary
shall submit to Congress a letter with sufficient detail
that--
(1) explains the reasons the conveyance has not been
completed; and
(2) specifies the date by which the conveyance will be
completed.

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