[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1921 Reported in Senate (RS)]






                                                       Calendar No. 609
104th CONGRESS
  2d Session
                                S. 1921

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 1996

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           September 16, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Interior to transfer certain 
 facilities at 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,
<DELETED>    Section 1. (a) The Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') is authorized to transfer all right, 
title, and interest of the United States in and to canals, drains, 
laterals, pumps, properties and withdrawn or acquired lands and roads, 
together with associated rights-of-way, of the Minidoka project to and 
within the service area of the Burley Irrigation District (hereinafter 
referred to as the ``District'') for which the allocable construction 
costs have been fully repaid, without compensation, to the 
District.</DELETED>
<DELETED>    (b) The Secretary shall also transfer to the District, in 
accordance with and subject to State law, any water rights held by the 
Secretary for the benefit of the District and shall provide the 
District with a permanent allocation of storage space at Minidoka Dam, 
American Falls, and Palisades in accordance with the terms of the 
existing contracts and subject to the requirement that the District 
continue to assume the allocable costs of operation and maintenance 
associated with such storage rights.</DELETED>
<DELETED>    (c) The Secretary shall also provide the District with a 
permanent right to project power from the Minidoka, Palisades, Black 
Canyon, and Anderson Ranch power plants at the cost of production in 
accordance with the understandings and commitments made by the 
Secretary in acquiring such plants and the existing contracts for such 
power. At the request of the District, the Secretary is further 
authorized to transfer such plants to the District at such reasonable 
cost and subject to such terms and conditions as may be mutually agreed 
between the District and the Secretary.</DELETED>
    Section 1. (a) The Secretary of the Interior (hereinafter referred 
to as the ``Secretary'') shall, subject to paragraph (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 (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 (District). The 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 Eighty Thousand Dollars 
($80,000) at which time the United States shall pay all remaining costs 
incurred.
    (b) 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) 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) The District shall continue to recognize the right of Minidoka 
Irrigation District to 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) 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) 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) 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.
                                     





                                                       Calendar No. 609

104th CONGRESS

  2d Session

                                S. 1921

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 1996

                       Reported with an amendment