II
Calendar No. 356
118th CONGRESS
2d Session
S. 1662
[Report No. 118–165]
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Barrasso (for himself and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
April 9, 2024
Reported by Mr. Manchin, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To direct the Secretary of the Interior to convey to the Midvale Irrigation District the Pilot Butte Power Plant in the State of Wyoming, and for other purposes.
Short title
This Act may be cited as the Pilot Butte Power Plant Conveyance Act
.
Definitions
In this Act:
Agreement
The term Agreement means the agreement entered into under section 3(a).
District
The term District means the Midvale Irrigation District located in Pavillion, Wyoming.
Power plant
The term Power Plant means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91–409 (84 Stat. 861), including the underlying land.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
Agreement, conveyance, and report
Agreement
Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District.
Conveyance
In general
In consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant—
subject to valid leases, permits, rights-of-way, easements, and other existing rights; and
in accordance with—
the terms and conditions described in the Agreement; and
this Act.
Status of land
Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project.
Report
If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
the status of the conveyance under that subsection;
any obstacles to completing the conveyance under that subsection; and
an anticipated date for the completion of the conveyance under that subsection.
Liability
Damages
Except as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), 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 Power Plant.
Torts Claims
Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act
).
Compliance with other laws
Compliance with Environmental and Historic Preservation Laws
Before making the conveyance authorized under section 3(b)(1), 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.);
subtitle III of title 54, United States Code; and
any other applicable laws.
Compliance by the District
Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant.
Payment of costs
Administrative Costs
Administrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
Real Estate Transfer Costs
The costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
Costs of Compliance with Other Laws
The costs associated with any review 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.), subtitle III of title 54, United States Code, or any other applicable laws for conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
Short title
This Act may be cited as the Pilot Butte Power Plant Conveyance Act
.
Definitions
In this Act:
Agreement
The term Agreement means the agreement entered into under section 3(a).
District
The term District means the Midvale Irrigation District located in Pavillion, Wyoming.
Power plant
The term Power Plant means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91–409 (84 Stat. 861), including the underlying land.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
Agreement, conveyance, and report
Agreement
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District.
Requirement
Notwithstanding section 8002(3)(B) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 2902(3)(B)), the Secretary shall negotiate the agreement under paragraph (1) in accordance with the criteria, terms, and conditions described in subtitle A of title VIII of that Act (43 U.S.C. 2901 et seq.).
Conveyance
In general
The Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant—
subject to valid leases, permits, rights-of-way, easements, and other existing rights; and
in accordance with—
the terms and conditions described in the Agreement; and
this Act.
Status of land
Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project.
Report
If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
the status of the conveyance under that subsection;
any obstacles to completing the conveyance under that subsection; and
an anticipated date for the completion of the conveyance under that subsection.
Compliance with other laws
Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant.
April 9, 2024
Reported with an amendment