[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4295 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4295

    To authorize the Secretary of the Interior to transfer certain 
 facilities of the Minidoka Project to the Burley Irrigation District, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

  Mr. Crapo introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Interior to transfer certain 
 facilities of the Minidoka Project to the Burley Irrigation District, 
                        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. TRANSFER OF CERTAIN MINIDOKA PROJECT FACILITIES.

    (a) In General.--The Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') shall, subject to subsection (d), 
convey by quitclaim deed or patent all right, title, and interest of 
the United States in and to the withdrawn and acquired lands and 
rights-of-way of the Southside Pumping Division (hereinafter referred 
to as the ``Division'') of the Minidoka Project, Idaho, together with 
the canals, drains, laterals, roads, pumps, checks, headgates, 
transformers, substations, buildings, transmission lines and other 
improvements or appurtenances located thereon and used for the delivery 
of water from Lake Walcott reservoir to the lands within Burley 
Irrigation District, including all facilities used in conjunction 
therewith including the electric transmission lines used for the 
operation of the pumping facilities of the project for which the 
allocable construction costs have been fully repaid, to Burley 
Irrigation District (hereinafter referred to as the ``District''), at 
no cost to the District. The administrative cost of transfer of title 
and related activities shall be shared equally between the United 
States and the District up to a total cost of $80,000 at which time the 
United States shall pay all remaining costs incurred.
    (b) Water Rights.--The Secretary shall also transfer to the 
District, in accordance with and subject to State law, all natural flow 
and ground water rights held by the Secretary for the benefit of and 
for the use on the land within the District, and the allocation of 
storage space in Minidoka, American Falls, and Palisades reservoirs to 
the District in accordance with the terms of contract Nos. 14-06-100-
2455 and 14-06-W-48 of the District is hereby affirmed, subject to the 
requirement that the District continue to assume its allocable costs of 
operation and maintenance associated with such storage facilities.
    (c) Electric Power.--The Secretary shall also provide the District 
with a permanent right to project reserve power from the Minidoka, 
Palisades Black Canyon, and Anderson Ranch reclamation power plants at 
the cost of production in accordance with understandings and 
commitments made by the Secretary in acquiring such plants, the 
Reclamation Act, and the existing contracts for such electrical power. 
Upon the decision of the Federal Government to transfer operation and 
maintenance or title of the Minidoka Power Plant, the Secretary shall 
grant to those entities entitled to storage water in Lake Walcott under 
spaceholder contracts with the United States a right of first refusal 
to acquire the power plant and related facilities at such reasonable 
cost and subject to such terms and conditions as may be mutually agreed 
between spaceholders and the Secretary.
    (d) Use of Canal.--The District shall continue to recognize the 
right of Minidoka Irrigation District to the joint use of the gravity 
portion of the Southside Canal being transferred to the District, 
subject to its compliance with those terms and conditions of that 
certain contract between the District and Minidoka Irrigation District, 
and any amendments or changes hereafter made by agreement of said 
irrigation districts.
    (e) Federal Liability.--Effective on the date of conveyance of the 
title of the distribution and related works of the Division, 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 
transferred works, 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 
shall be deemed to increase the liability of the United States beyond 
that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 
et seq.).
    (f) Timetable.--The United States shall complete the transfer, 
including such action as may be required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) within 24 
months of the passage of this Act.
    (g) Transfer by Operation of Law.--If the transfer is not completed 
by January 1, 1999, the title and interest of the United States cited 
in this section are conveyed to the District on that date by operation 
of law. Upon the request of the District the Secretary shall provide 
evidence of the transfer.
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