S. 520Senate108th Congress (2003-2005)Enacted

Fremont-Madison Conveyance Act

Sponsored by Mike CrapoSen. Mike Crapo (R-ID)
Introduced March 5, 2003

Legislative Activity

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22 earlier actions
Became Law Latest Action

Became Public Law No: 108-85.

September 30, 2003

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SenateIntro Referral

Introduced in Senate

March 5, 2003

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

March 5, 2003

SenateFloor

Star Print ordered on on the bill.

March 17, 2003

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 108-64.

May 13, 2003

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.

May 21, 2003

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Domenici without amendment. With written report No. 108-62.

June 9, 2003

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 126.

June 9, 2003

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S7939)

June 16, 2003

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text: CR S7939)

June 16, 2003

SenateFloor

Message on Senate action sent to the House.

June 17, 2003

HouseFloor

Received in the House.

June 17, 2003 • 10:31 AM

HouseIntro Referral

Referred to the House Committee on Resources.

June 17, 2003

HouseCommittee

Referred to the Subcommittee on Water and Power.

June 20, 2003

HouseCommittee

Executive Comment Requested from Interior.

June 20, 2003

HouseFloor

Mr. Calvert moved to suspend the rules and pass the bill.

September 16, 2003 • 2:19 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8229)

September 16, 2003 • 2:19 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 520.

September 16, 2003 • 2:19 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H8229)

September 16, 2003 • 2:19 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8229)

September 16, 2003 • 2:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 16, 2003 • 2:20 PM

President

Presented to President.

September 18, 2003

Became Law

Signed by President.

September 30, 2003

Became Law

Became Public Law No: 108-85.

September 30, 2003

Floor Debate

8 members

What members said about S. 520 on the floor

7 Republicans1 Democrat
Wayne Allard
Sen. Wayne AllardR-CO · May 21, 2003

Mr. President, I ask unanimous consent that the committee on Agriculture, Nutrition, and Forestry be authorized to conduct a business meeting during the session of the Senate on Wednesday, May 21,…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · May 13, 2003

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs, be authorized to meeting during the session of the Senate on May 13, 2003, at 10 a.m. to conduct a…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · May 6, 2003

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and…

Ken Calvert
Rep. Ken CalvertR-CA-44 · Sep 16, 2003

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 520) to authorize the Secretary of the Interior to convey certain facilities to the Freemont-Madison Irrigation District in the…

Craig Thomas
Sen. Craig ThomasR-WY · Mar 18, 2003

Mr. President, I would like to announce for the information of the Senate and the public that the hearing before the Subcommittee on National Parks of the Committee on Energy and Natural Resources…

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Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Mar 18, 2003

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Mar 18, 2003

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources. The hearing will be…

Grace F. Napolitano
Rep. Grace F. NapolitanoD-CA-38 · Sep 16, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the chairman of the Subcommittee on Water and Power for his extreme help on these three measures. Mr. Speaker, Senate 520,…

Thad Cochran
Sen. Thad CochranR-MS · Mar 18, 2003

Mr. President, I announce that the Committee on Agriculture, Nutrition, and Forestry will conduct a hearing on March 20, 2003, in SR-328A at 10:30 a.m. The purpose of this hearing will be to consider…

John Cornyn
Sen. John CornynR-TX · Jun 16, 2003

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 126, S. 520. Mr. President, I ask unanimous consent that the Crapo amendment No. 928,…

Ken Calvert
Rep. Ken CalvertR-CA-44 · Sep 16, 2003

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on S. 520, H.R. 2040 and H.R. 1284.

Bill Text

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Enrolled BillPublication date not provided
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 520 Enrolled Bill (ENR)]

S.520

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three

An Act

To authorize the Secretary of the Interior to convey certain facilities
to the Fremont-Madison Irrigation District in the State of Idaho.

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 ``Fremont-Madison Conveyance Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) District.--The term ``District'' means the Fremont-Madison
Irrigation District, an irrigation district organized under the law
of the State of Idaho.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

SEC. 3. CONVEYANCE OF FACILITIES.

(a) Conveyance Requirement.--The Secretary of the Interior shall
convey to the Fremont-Madison Irrigation District, Idaho, pursuant to
the terms of the Memorandum of Agreement (MOA) between the District and
the Secretary (Contract No. 1425-01-MA-10-3310), all right, title, and
interest of the United States in and to the canals, laterals, drains,
and other components of the water distribution and drainage system that
is operated or maintained by the District for delivery of water to and
drainage of water from lands within the boundaries of the District as
they exist upon the date of enactment of this Act, consistent with
section 8.
(b) Report.--If the Secretary has not completed any conveyance
required under this Act by September 13, 2004, the Secretary shall, by
no later than that date, submit a report to the Congress explaining the
reasons that conveyance has not been completed and stating the date by
which the conveyance will be completed.

SEC. 4. COSTS.

(a) In General.--The Secretary shall require, as a condition of the
conveyance under section 3, that the District pay the administrative
costs of the conveyance and related activities, including the costs of
any review required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as described in Contract No. 1425-01-MA-10-
3310.
(b) Value of Facilities To Be Transferred.--In addition to
subsection (a) the Secretary shall also require, as a condition of the
conveyance under section 3, that the District pay to the United States
the lesser of the net present value of the remaining obligations owed
by the District to the United States with respect to the facilities
conveyed, or $280,000. Amounts received by the United States under this
subsection shall be deposited into the Reclamation Fund.

SEC. 5. TETON EXCHANGE WELLS.

(a) Contracts and Permit.--In conveying the Teton Exchange Wells
pursuant to section 3, the Secretary shall also convey to the
District--
(1) Idaho Department of Water Resources permit number 22-7022,
including drilled wells under the permit, as described in Contract
No. 1425-01-MA-10-3310; and
(2) all equipment appurtenant to such wells.
(b) Extension of Water Service Contract.--The water service
contract between the Secretary and the District (Contract No. 7-07-10-
W0179, dated September 16, 1977) is hereby extended and shall continue
in full force and effect until all conditions described in this Act are
fulfilled.

SEC. 6. ENVIRONMENTAL REVIEW.

Prior to conveyance the Secretary shall complete all environmental
reviews and analyses as set forth in the Memorandum of Agreement
referenced in section 3(a).

SEC. 7. LIABILITY.

Effective on the date of the conveyance the United States shall not
be liable for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed facilities, except for damages
caused by acts of negligence committed by the United States or by its
employees, agents, or contractors prior to the date of conveyance.
Nothing in this section may increase the liability of the United States
beyond that currently provided in chapter 171 of title 28, United
States Code.

SEC. 8. WATER SUPPLY TO DISTRICT LANDS.

The acreage within the District eligible to receive water from the
Minidoka Project and the Teton Basin Projects is increased to reflect
the number of acres within the District as of the date of enactment of
this Act, including lands annexed into the District prior to enactment
of this Act as contemplated by the Teton Basin Project. The increase in
acreage does not alter deliveries authorized under the District's
existing water storage contracts and as allowed by State water law.

SEC. 9. DROUGHT MANAGEMENT PLANNING.

Within 60 days of enactment of this Act, in collaboration with
stakeholders in the Henry's Fork watershed, the Secretary shall
initiate a drought management planning process to address all water
uses, including irrigation and the wild trout fishery, in the Henry's
Fork watershed. Within 18 months of enactment of this Act, the
Secretary shall submit a report to Congress, which shall include a
final drought management plan.

SEC. 10. EFFECT.

(a) In General.--Except as provided in this Act, nothing in this
Act affects--
(1) the rights of any person; or
(2) any right in existence on the date of enactment of this Act
of the Shoshone-Bannock Tribes of the Fort Hall Reservation to
water based on a treaty, compact, executive order, agreement, the
decision in Winters v. United States, 207 U.S. 564 (1908) (commonly
known as the ``Winters Doctrine''), or law.
(b) Conveyances.--Any conveyance under this Act shall not affect or
abrogate any provision of any contract executed by the United States or
State law regarding any irrigation district's right to use water
developed in the facilities conveyed.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.