[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2644

  To provide for the transfer of the Missouri River Basin, Pick-Sloan 
Project facilities in the States of Kansas and Nebraska, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 1995

 Mr. Roberts (for himself and Mr. Brownback) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the transfer of the Missouri River Basin, Pick-Sloan 
Project facilities in the States of Kansas and Nebraska, and for other 
                               purposes.

    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 ``Missouri River Basin, Kansas and 
Nebraska, Pick-Sloan Project Facilities Transfer Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Project beneficiary.--(A) The term ``project 
        beneficiary'' means one or more of the following irrigation 
        districts or reclamation districts organized and operating 
        under the laws of the State of Kansas or the State of Nebraska:
                    (i) In Kansas, Kansas-Bostwick Irrigation District 
                No. 2, Kirwin Irrigation District No. 1, Webster 
                Irrigation District No. 4, and Almena Irrigation 
                District No. 5; and
                    (ii) In Nebraska, Ainsworth Irrigation District, 
                Farwell Irrigation District, Sargent Irrigation 
                District, Loup Basin Reclamation District, Frenchman-
                Cambridge Irrigation District and Nebraska Bostwick 
                Irrigation District.
            (B) Such term may also include an organization established 
        by one or more of the irrigation districts referred to in 
        subparagraph (A) under laws of the States of Kansas and 
        Nebraska authorizing the creation of interlocal cooperation 
        entities or such term may include another political subdivision 
        of the States of Kansas or Nebraska established by act of their 
        respective State legislatures for the purpose of acquiring 
        title to reclamation project property in accordance with this 
        Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of the Army, as appropriate, 
        with jurisdiction over project facilities subject to this Act.
            (3) Reclamation project property.--The term ``reclamation 
        project property'' means the following:
                    (A) All contracts which are currently in effect 
                between the United States and the project beneficiaries 
                or other parties and which relate to the projects, 
                project facilities and related programs, including any 
                such contracts, written or not written to provide 
                project use power from Federal power facilities.
                    (B) All reclamation project distribution and 
                drainage facilities, all reservoir and related 
                diversion facilities and all related lands currently 
                held by the United States which are subject to this 
                Act.
                    (C) All acquired lands, both surface and subsurface 
                estate, within the respective reclamation projects.
                    (D) All water rights held by the United States 
                relating to the respective project facilities.
                    (E) All outstanding leases or contracts on the 
                lands associated with the respective projects.
                    (F) All fund accounts held by the United States for 
                any purposes related to the project.
                    (G) All contracts, other than those listed under 
                subparagraph (E), or other legal obligations in 
                existence which have any impact upon the project 
                facilities or the project operations and which may be 
                required to be assumed or accepted by the project 
                beneficiary.
                    (H) All personal property, including operating 
                equipment, tools and other tangible personal property, 
                held by the United States for the purposes of operating 
                the project or serving the project facilities.
                    (I) All funds held in reserve or otherwise 
                dedicated accounts in which funds have been paid by 
                project beneficiaries or from other nonproject related 
                revenues and which are, as of the date of enactment of 
                this Act, held for project purposes.

SEC. 3. TRANSFER OF MISSOURI RIVER BASIN, PICK-SLOAN PROJECTS 
              FACILITIES.

    (a) General Authority.--Within 180 days after the date of enactment 
of this Act and upon tender of the specified consideration by the 
project beneficiary, the Secretary shall transfer, in fee title and 
free of all liens and encumbrances, the project described in section 6, 
including all right, title, and interest of the United States in and to 
the reclamation project property, to the project beneficiary of each 
such described project.
    (b) Consideration and Satisfaction of Outstanding Obligations.--The 
transfer of a project under subsection (a) shall be for the 
consideration specified for the project. The payment of the specified 
consideration for a project shall be in full and complete satisfaction 
of all obligations against the project facilities and the project 
beneficiaries existing before the date of transfer of the project under 
every contract entered into by and between the United States and the 
project beneficiaries. The completion of the transfer of all facilities 
as provided for in this Act and the payment of the consideration 
specified for each transferred project shall be deemed to constitute 
full and complete satisfaction of any and all obligations for further 
payments or repayments by the respective project sponsors for 
irrigation benefits of the project facilities and for any other 
benefits specifically transferred to the respective project sponsors.
    (c) Transfer Costs.--All costs of transfers carried out under this 
section shall be the obligation of the United States.
    (d) Transfer Documents.--The Secretary with the assistance of the 
project beneficiaries shall execute all necessary transfer documents 
and make all such filings or take all such actions as may be needed to 
consummate the transfers of reclamation project property. Such 
documents shall include (but not be limited to) land deeds, court 
proceedings, decrees, bills of sale, certificates of title, lease 
contract transfers, water rights certificates and amendment documents, 
and notice filings.
    (e) Present Vesting of Lease Benefits and Obligations.--The project 
beneficiaries to whom any project lands are to be transferred under 
this section shall be entitled to immediately assume the management of 
all existing and future leases and shall be entitled to any revenues 
accruing on or after the date of enactment of this Act.
    (f) Limitation.--The further transfer of any facilities or parts 
thereof of any project which are not specifically transferred by this 
Act shall only be carried out by the United States with the specific 
advice and consent of the project beneficiaries to which project 
facilities are to be transferred by this Act.

SEC. 4. LIABILITY.

    Upon completion of the transfer of reclamation project property to 
the project beneficiaries as provided by this Act, the project 
beneficiaries shall assume sole responsibility and liability for the 
project and the project beneficiaries shall hold the United States 
harmless and indemnify the United States against any and all claims of 
damage, except that all project facilities transferred under this Act 
shall, as to the project beneficiaries, be free from liability for 
latent defects in such facilities unless all such defects were fully 
disclosed and the defects corrected or accepted in writing as to 
further future liability by the project beneficiaries.

SEC. 5. PROJECT PURPOSES, OPERATIONS, AND COST ALLOCATIONS.

    (a) Continuation.--All facilities transferred in accordance with 
this Act shall be deemed to be committed to the purposes for which 
those facilities were authorized and constructed. Operations of all 
such transferred facilities shall be subject to the laws of the States 
of Kansas and Nebraska as set forth in the establishment and operation 
of irrigation or reclamation districts under those respective State 
laws. All cost allocations identified as reimbursable by other 
beneficiaries provided for as a part of the original authorizing laws 
for each transferred project shall remain due from those beneficiaries 
under the same provisions and in the same manner as originally approved 
from and after the date of enactment of this Act until paid.
    (b) Deemed Consent of Project Beneficiary.--The project beneficiary 
of each transferred project, upon accepting the transfer provided under 
this Act, shall be deemed to agree to operate, maintain, repair, 
replace and rehabilitate the project in a manner designed to carry out 
the intended purposes for which the project was developed and 
constructed, except that a transferred project or part thereof may be 
redirected to another already identified use or to another use if the 
project beneficiary determines that the public purpose for which the 
facilities were constructed is better served.
    (c) Termination of Mandates.--All mandates imposed by the 
Reclamation Act of 1902 (and all Acts supplementary thereto or 
amendatory thereof, including the Reclamation Reform Act of 1982, or by 
Department of the Interior or Army regulations, upon the project 
facilities, the project beneficiaries, or the individual water users 
for whom the respective projects are operated shall be terminated upon 
the completion of the transfers as provided by this Act. Any other 
Federal laws and regulations shall be administered upon the projects as 
they might be over any other non-Federal project.
    (d) Certain Acts Not Applicable.--The transfers directed by this 
Act are subject to the requirement that all transferred reclamation 
project property be used in accordance with this section. A transfer 
under this Act shall not--
            (1) be deemed to constitute a major Federal action within 
        the meaning of the National Environmental Policy Act of 1969 
        and shall therefore be deemed to satisfy all requirements of 
        the National Environmental Policy Act of 1969 without further 
        action;
            (2) constitute or be deemed a basis for invoking any 
        provisions of the Endangered Species Act of 1973;
            (3) require certification under the provisions of the 
        Federal Water Pollution Control Act;
            (4) be subject to the provisions of chapter 5 of title 5, 
        United States Code (commonly known as the ``Administrative 
        Procedures Act''); or
            (5) be considered a disposal of Federal surplus property 
        under the provisions of the Federal Property and Administrative 
        Services Act of 1949.

SEC. 6. FACILITIES AFFECTED.

    (a) Ainsworth Unit.--The Ainsworth Unit, Missouri River Basin 
Project, shall consist of the project constructed and operated pursuant 
to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and 
the Act of August 21, 1954 (68 Stat. 757), and the Act of May 18, 1956 
(Public Law 84-531), and which is situated in Cherry, Brown, and Rock 
Counties in Nebraska. The Ainsworth Unit shall be transferred to the 
Ainsworth Irrigation District as the project beneficiary upon the 
payment of $1,747,097 as consideration therefore.
    (b) Farwell Unit.--The Farwell Unit, Missouri River Basin Project, 
shall consist of the project constructed and operated pursuant to the 
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act 
of August 3, 1956 (70 Stat. 975), and which is situated in Howard, 
Sherman, Custer and Valley Counties in Nebraska. The Farwell Unit shall 
be transferred to the Farwell Irrigation District and to the Loup Basin 
Reclamation District as the project beneficiaries in such manner as 
elected by the beneficiaries upon the payment of $2,399,874 as 
consideration therefore.
    (c) Sargent Unit.--The Sargent Unit, Missouri River Basin Project, 
shall consist of the project constructed and operated pursuant to the 
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act 
of August 3, 1956 (70 Stat. 975), and which is situated in Blaine, 
Custer, and Valley Counties in Nebraska. The Sargent Unit shall be 
transferred to the Sargent Irrigation District and to the Loup Basin 
Reclamation District as the project beneficiaries in such manner as 
elected by the beneficiaries upon the payment of $565,862 as 
consideration therefore.
    (d) Frenchman-Cambridge Unit.--The Frenchman-Cambridge Unit, 
Missouri River Basin Project, shall consist of the project constructed 
and operated pursuant to the Act of December 22, 1944 (58 Stat. 887), 
by Act of Congress (Public Law 78-534), as a component of the Pick-
Sloan Missouri Basin Program, and which is situated in Red Willow, 
Frontier, Hitchcock, Furnas and Harlan Counties in Nebraska. The 
Frenchman-Cambridge Unit shall be transferred to the Frenchman-
Cambridge Irrigation District or to another project beneficiary 
designated by the Irrigation District as the project beneficiaries upon 
the payment of $1,478,291 as consideration therefore.
    (e) Bostwick Unit.--The Bostwick Unit, Missouri River Basin 
Project, shall consist of the projects constructed and operated 
pursuant to the Act of December 22, 1944 (58 Stat. 887), by Act of 
Congress (Public Law 78-534) as a component of the Pick-Sloan Missouri 
Basin Program, and which are situated in Harlan, Franklin, Webster and 
Nuckolls Counties in Nebraska, and Republic, Jewell and Cloud Counties 
in Kansas. The reclamation project property of the Bostwick Unit shall 
include all constructed facilities deemed to be a part of the 
irrigation operations for the Unit and shall include only that part of 
the Harlan County Dam and Reservoir required for irrigation storage and 
irrigation use. For purposes of this transfer such irrigation storage 
shall include water storage capacity between elevation 1925.0 and 
1946.0 M.S.L. In accordance with the conditions set forth herein the 
irrigation storage and operations agreements now in effect between the 
United States Army Corps of Engineers, and the United States Department 
of Interior, Bureau of Reclamation, shall be the basis for future 
operations between the United States Army Corps of Engineers, and the 
project sponsors. The parts of the Bostwick Unit necessary to the 
operations of the Nebraska portion of the project shall be transferred 
to the Nebraska Bostwick Irrigation District or to another project 
beneficiary designated by the Irrigation District as the project 
beneficiaries. The parts of the Bostwick Unit necessary to the 
operations of the Kansas portion of the project shall be transferred to 
the Kansas-Bostwick Irrigation District No. 2 or to another project 
beneficiary designated by the Irrigation District as the project 
beneficiaries. The payment of $4,333,804 shall constitute consideration 
for the Bostwick Unit.
    (f) Almena Unit.--The Almena Unit, Missouri River Basin Project, 
shall consist of the project constructed and operated pursuant to the 
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the 
Flood Control Act of 1946 (Public Law 78-526), and which is situated in 
Norton and Phillips Counties in Kansas. The Almena Unit shall be 
transferred to the Almena Irrigation District No. 5 or to another 
project beneficiary designated by the Irrigation District as the 
project beneficiaries upon the payment of $112,631 as consideration 
therefore.
    (g) Kirwin Unit.--The Kirwin Unit, Missouri River Basin Project, 
shall consist of the project constructed and operated pursuant to the 
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the 
Flood Control Act of 1946 (Public Law 78-526), and which is situated in 
Phillips, Smith, and Osborn Counties in Kansas. The Kirwin Unit shall 
be transferred to the Kirwin Irrigation District No. 1 or to another 
project beneficiary designated by the Irrigation District as the 
project beneficiaries upon the payment of $253,967 as consideration 
therefore.
    (h) Webster Unit.--The Webster Unit, Missouri River Basin Project, 
shall consist of the project constructed and operated pursuant to the 
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the 
Flood Control Act of 1946 (Public Law 78-526), and which is situated in 
Rooks and Osborn Counties in Kansas. The Webster Unit shall be 
transferred to the Webster Irrigation District No. 4 or to another 
project beneficiary designated by the Irrigation District as the 
project beneficiaries upon the payment of $232,012 as consideration 
therefore.
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