I
110th CONGRESS
1st Session
H. R. 1251
IN THE HOUSE OF REPRESENTATIVES
February 28, 2007
Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho.
Short title
This Act may be cited as the American Falls Reservoir District Number 2 Conveyance Act
.
Definitions
In this Act:
Agreement
The term Agreement
means Agreement No. 5–07–10–L1688 between the United States and the District, entitled Agreement Between the United States and the American Falls Reservoir District No. 2 to Transfer Title to the Federally Owned Milner-Gooding Canal and Certain Property Rights, Title and Interest to the American Falls Reservoir District No. 2
.
District
The term District
means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, Idaho.
Secretary
The term Secretary
means the Secretary of the Interior.
Authority to convey title
In general
In accordance with all applicable law and the terms and conditions set forth in the Agreement, the Secretary may convey—
to the District all right, title, and interest in and to the land and improvements described in Appendix A of the Agreement, subject to valid existing rights;
to the city of Gooding, located in Gooding County, Idaho, all right, title, and interest in and to the 5.0 acres of land and improvements described in Appendix D of the Agreement; and
to the Idaho Department of Fish and Game all right, title, and interest in and to the 39.72 acres of land and improvements described in Appendix D of the Agreement.
Compliance with agreement
All parties to the conveyance under subsection (a) shall comply with the terms and conditions of the Agreement, to the extent consistent with this Act.
Transfer
As soon as practicable after the date of enactment of this Act, the Secretary shall direct the Director of the National Park Service to include in and manage as a part of the Minidoka Internment National Monument the 10.18 acres of land and improvements described in Appendix D of the Agreement.
Compliance with other laws
In general
On conveyance of the land and improvements under section 3(a)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of each facility transferred.
Applicable authority
Nothing in this Act modifies or otherwise affects the applicability of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water provided to the District.
Revocation of withdrawals
In general
The portions of the Secretarial Orders dated March 18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described in Appendix E of the Agreement for the purpose of the Gooding Division of the Minidoka Project, are revoked.
Management of withdrawn land
The Secretary, acting through the Director of the Bureau of Land Management, shall manage the withdrawn land described in subsection (a) subject to valid existing rights.
Liability
In general
Subject to subsection (b), upon completion of a conveyance under section 3, the United States shall not be liable for damages of any kind for any injury arising out of an act, omission, or occurrence relating to the land (including any improvements to the land) conveyed under the conveyance.
Exception
Subsection (a) shall not apply to liability for damages resulting from an injury caused by any act of negligence committed by the United States (or by any officer, employee, or agent of the United States) before the date of completion of the conveyance.
Federal tort claims act
Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code.
Future benefits
Responsibility of the district
After completion of the conveyance of land and improvements to the District under section 3(a)(1), and consistent with the Agreement, the District shall assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land).
Eligibility for federal funding
In general
Except as provided in paragraph (2), the District shall not be eligible to receive Federal funding to assist in any activity described in subsection (a) relating to land and improvements transferred under section 3(a)(1).
Exception
Paragraph (1) shall not apply to any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary.
National Environmental Policy Act
Before completing any conveyance under this Act, the Secretary shall complete all actions required under—
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.);
the National Historic Preservation Act (16 U.S.C. 470 et seq.); and
all other applicable laws (including regulations).
Payment
Fair market value requirement
As a condition of the conveyance under section 3(a)(1), the District shall pay the fair market value for the withdrawn lands to be acquired by them, in accordance with the terms of the Agreement.
Grant for building replacement
As soon as practicable after the date of enactment of this Act, and in full satisfaction of the Federal obligation to the District for the replacement of the structure in existence on that date of enactment that is to be transferred to the National Park Service for inclusion in the Minidoka Internment National Monument, the Secretary, acting through the Commission of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement.