[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 900 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 900
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of
the Pick-Sloan Missouri Basin Program, and the Intake Irrigation
Project to the pertinent irrigation districts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mr. Burns introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of
the Pick-Sloan Missouri Basin Program, and the Intake Irrigation
Project to the pertinent irrigation districts.
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 ``Lower Yellowstone Reclamation
Projects Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Diversion works.--The term ``Diversion Works'' means
the land in the N\1/2\NW\1/4\ of Sec. 36, T.18N., R.56E. P. M.,
Montana, and the diversion dam structure, canal headworks
structure, and the first section of the main canal, all
contained therein.
(2) Intake irrigation district.--The term ``Intake
Irrigation District'' means the irrigation district by that
name that is organized under the laws of the State of Montana
and operates the Intake Project.
(3) Intake project.--The term ``Intake Project'' means the
Federal irrigation feature operated by the Intake Irrigation
District and authorized under the Act of August 11, 1939
(chapter 717; 53 Stat. 1418).
(4) Irrigation districts.--The term ``irrigation
districts'' means--
(A) the Intake Irrigation District;
(B) the Lower Yellowstone Irrigation District No.
1;
(C) the Lower Yellowstone Irrigation District No.
2; and
(D) the Savage Irrigation District.
(5) Lower yellowstone irrigation district no. 1.--The term
``Lower Yellowstone Irrigation District No. 1'' means the
irrigation district by that name that is organized under the
laws of the State of Montana and operates the part of the Lower
Yellowstone Irrigation Project located in the State of Montana.
(6) Lower yellowstone irrigation district no. 2.--The term
``Lower Yellowstone Irrigation District No. 2'' means the
irrigation district by that name that is organized under the
laws of the State of North Dakota and operates the part of the
Lower Yellowstone Irrigation Project located in the State of
North Dakota.
(7) Lower yellowstone irrigation project.--The term ``Lower
Yellowstone Irrigation Project'' means the Federal irrigation
feature operated by Lower Yellowstone Irrigation District No. 1
and Lower Yellowstone Irrigation District No. 2 and authorized
by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388).
(8) Memorandum of understanding.--The term ``Memorandum of
Understanding'' means the memorandum of understanding dated
November 16, 1999, and any subsequent replacements or
amendments between the Districts and the Montana Area Office,
Great Plains Region, Bureau of Reclamation, for the purpose of
defining certain principles by which the title to the projects
will be transferred from the United States to the districts.
(9) Pick-sloan missouri basin program.--The term ``Pick-
Sloan Missouri Basin Program'' means the comprehensive Federal
program for multipurpose benefits within the Missouri River
Basin, including irrigation authorized by section 9 of the Act
of December 22, 1944, commonly known as the ``Flood Control Act
of 1944'' (chapter 665; 58 Stat. 891).
(10) Pick-sloan missouri basin program project use power.--
The term ``Pick-Sloan Missouri Basin Program Project Use
Power'' means power available for establishing and maintaining
the irrigation developments of the Pick-Sloan Missouri Basin
Program.
(11) Projects.--The term ``Projects'' means--
(A) the Lower Yellowstone Irrigation Project;
(B) the Intake Irrigation Project; and
(C) the Savage Unit.
(12) Savage irrigation district.--The term ``Savage
Irrigation District'' means the irrigation district by that
name that is organized under the laws of the State of Montana
and operates the Savage Unit.
(13) Savage unit.--The term ``Savage Unit'' means the
Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal
irrigation development authorized by the Act of December 22,
1944 (commonly known as the ``Flood Control Act of 1944'')
(chapter 665; 58 Stat. 891).
(14) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF PROJECTS.
(a) Conveyances.--
(1) General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall convey works,
facilities, and lands of the Projects to the Irrigation
Districts in accordance with all applicable laws and pursuant
to the terms of the Memorandum of Understanding. The conveyance
shall take place in two stages, the first stage to include all
conveyances under this Act except Diversion Works and the
second stage to convey the Diversion Works.
(2) Lands.--
(A) General.--All lands, easements, and rights-of-
way the United States possesses that are to be conveyed
by the Secretary to the respective irrigation districts shall be
conveyed by quitclaim deed. Conveyance of such lands, easements, and
rights-of-way is subject to permits, licenses, leases, rights-of-use,
or right-of-way of record outstanding in third parties on, over, or
across such lands, easements, and rights-of-way.
(B) Mineral rights.--Conveyance of all lands herein
described shall be subject to a reservation by the
United States reserving all minerals of a nature
whatsoever, excluding sand and gravel, and subject to
oil, gas, and other mineral rights heretofore reserved
of record by or in favor of third parties.
(3) Water rights.--The Secretary shall transfer to the
respective Irrigation Districts in accordance with and subject
to the law of the State of Montana, all natural flow,
wastewater, seepage, return flow, domestic water, stock water,
and groundwater rights held in part or wholly in the name of
the United States that are used to serve the lands within the
Irrigation Districts.
(4) Costs.--
(A) Reclamation withdrawn lands.--The Irrigation
Districts shall purchase Reclamation withdrawn lands as
identified in the Memorandum of Understanding for their
value in providing operation and maintenance benefits
to the Irrigation Districts.
(B) Savage unit repayment obligations.--
(i) Savage irrigation district.--As a
condition of transfer, the Secretary shall
receive an amount from the Savage Irrigation
District equal to the present value of the
remaining water supply repayment obligation of
$60,480 that shall be treated as full payment
under Contract Number I1r-1525, as amended and
as extended by Contract No. 9-07-60-WO770.
(ii) Pick-sloan missouri basin program
construction obligation.--As a condition of
transfer, the Secretary shall accept $94,727 as
payment from the Pick-Sloan Missouri Basin
Program (Eastern Division) power customers
under the terms specified in this section, as
consideration for the conveyance under this
subsection. This payment shall be out of the
receipts from the sale of power from the Pick-
Sloan Missouri Basin Program (Eastern Division)
collected by the Western Area Power
Administration and deposited into the
Reclamation fund of the Treasury in fiscal year
2003. This payment shall be treated as full and
complete payment by the power customers of the
construction aid-to-irrigation associated with
the facilities of the Savage Unit.
(b) Revocation of Reclamation Withdrawals and Orders.--
(1) The Reclamation withdrawal established by Public Land
Order 4711 dated October 6, 1969, for the Lower Yellowstone
Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59
E., is hereby revoked in its entirety.
(2) The Secretarial Order of March 22, 1906, which was
issued for irrigation works on lots 3 and 4 section 2, T. 23N.,
R. 59E., and Secretarial Order of August 8, 1905, which was
issued for irrigation works in section 2, T. 17 N., R. 56 E.
and section 6, T. 17 N., R. 57 E., are hereby revoked in their
entirety.
(3) The Secretarial Order of August 24, 1903, and July 27,
1908, which were issued in connection with the Lower
Yellowstone Irrigation Project, are revoked insofar as they
affect the following lands:
(A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N.,
R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3
and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\1/4\NW\1/4\
of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\1/
4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of
Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N.,
R.60E.; all in the Principal Meridian, Montana.
(B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3
and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and
lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N.,
R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in
the Fifth Principal Meridian, North Dakota.
SEC. 4. REPORT.
If the conveyance under this Act has not occurred within 2 years
after the date of the enactment of this Act for the first stage
conveyances as provided in section 3, and 5 years after the date of the
enactment of this Act for the second stage conveyances as provided in
section 3, the Secretary shall provide a report to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Resources of the Senate on the status of the transfer and
anticipated completion date.
SEC. 5. RECREATION MANAGEMENT.
As a condition of the Conveyance of lands under section 3, the
Secretary shall require that Lower Yellowstone Irrigation District No.
1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual
conservation easement to the State of Montana, at no cost to the State,
for the purposes of protecting, preserving, and enhancing the
conservation values and permitting recreation on Federal lands in part
to be conveyed under this Act. Lower Yellowstone Irrigation District No
1, Lower Yellowstone Irrigation District No. 2, and the State of
Montana have mutually agreed upon such conservation easement.
SEC. 6. PROJECT PUMPING POWER.
The Secretary shall sustain the irrigation developments established
by the Lower Yellowstone and Intake Projects and the Savage Unit as
components of the irrigation plan under the Pick-Sloan Missouri River
Basin Program and shall continue to provide the Irrigation Districts
with Pick-Sloan Missouri River Basin Project Use power at the
Irrigation Districts' pumping plants, except that the rate shall be at
the preference power rate and there shall be no ability-to-pay
adjustment.
SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.
(a) General.--The Secretary, prior to the transfer of title of the
Diversion Works and in cooperation with the Irrigation Districts, shall
provide fish protection devices to prevent juvenile and adult fish from
entering the Main Canal of the Lower Yellowstone Irrigation Project and
allow bottom dwelling fish species to migrate above the Project's
Intake Diversion Dam.
(b) Participation.--The Secretary and the Irrigation District shall
work cooperatively in planning, engineering, and constructing the fish
protection devices.
(c) Construction Schedule.--Construction of Fish Protection Devices
shall be completed within 2 years after the date of enactment of this
Act.
(d) Monitoring.--The Secretary, acting through the Commissioner of
the Bureau of Reclamation and the Director of the United States Fish
and Wildlife Service, prior to the transfer of title of the Diversion
Works, shall establish and conduct a monitoring plan to measure the
effectiveness of the devices for a period of 2 years after construction
is completed.
(e) Modifications.--The Commissioner of the Bureau of Reclamation,
prior to the transfer of title of the Diversion Works, shall be
responsible to modify the devices as necessary to ensure proper
functioning. All modifications shall be completed within 3 years after
the devices were initially constructed.
(f) Costs.--Costs incurred in planning, engineering, constructing,
monitoring, and modifying all fish protection devices shall be deemed
nonreimbursable.
(g) Operation, Maintenance, and Replacements Responsibility.--
Following completion of monitoring and modifications required under
this section, the Irrigation Districts shall operate, maintain, and
replace the fisheries protection devices in a manner to ensure proper
functioning.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.
Upon conveyance of the projects under this Act, the Irrigation
Districts shall not be subject to the Reclamation laws or entitled to
receive any Reclamation benefits under those laws except as provided in
section 6.
SEC. 9. LIABILITY.
Effective on the date of conveyance of a project under this Act,
the United States shall not be liable under any State or Federal law
for damages of any kind arising out of any act, omission, or occurrence
relating to the projects, except for damages caused by acts of
negligence committed by the United Stated or by its employees, agents,
or contractors prior to the date of this conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that currently provided in chapter 171 of title 28,
United States Code, popularly known as the Federal Tort Act.
SEC. 10. COMPLIANCE WITH LAWS.
As a condition of the Conveyances under section 3, the Secretary
shall by no later than the date on which the conveyances occur complete
appropriate analyses of the transfer in compliance with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and other applicable laws.
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