[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2015 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2015

To convey certain real property located within the Carlsbad Project in 
            New Mexico to the Carlsbad Irrigation District.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 1996

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

_______________________________________________________________________

                                 A BILL


 
To convey certain real property located within the Carlsbad Project in 
            New Mexico to the Carlsbad Irrigation District.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONVEYANCE.

    (a) Operation of Law.--
            (1) In general.--Except as provided in paragraph (2), and 
        subject to the conditions set forth in subsection (c) and 
        section 2(b), all right, title, and interest of the United 
        States in and to the lands described in subsection (b) (in this 
        Act referred to as the ``acquired lands'') in addition to all 
        interests the United States holds in the irrigation and 
        drainage system of the Carlsbad Project and all related lands 
        including ditch rider houses, maintenance shop and buildings, 
        and Pecos River Flume are hereby conveyed by operation of law 
        to the Carlsbad Irrigation District (a quasi-municipal 
        corporation formed under the laws of the State of New Mexico 
        and referred to in this Act as the ``District'').
            (2) Limitations.--
                    (A) In case of a tract of acquired land on which is 
                located any dam, or reservoir diversion structure, 
                conveyance to the District is limited to the right, 
                title, and interest of the United States in and to the 
                mineral estate.
                    (B) The United States shall retain storage and flow 
                easements for any tracts located under the maximum 
                spillway elevations of Avalon and Brantley Reservoirs.
    (b) Acquired Lands Described.--The lands referred to in subsection 
(a) are those lands (including the surface and mineral estate) in Eddy 
County, New Mexico, described as the acquired lands in section (7) of 
the ``Status of Lands and Title Report: Carlsbad Project'' as reported 
by the Bureau of Reclamation in 1978.
    (c) Terms and Conditions of Conveyance.--Any conveyance of the 
acquired lands under this Act shall be subject to the following terms 
and conditions:
            (1) The acquired lands shall continue to be managed and 
        used by the District for the purposes for which the Carlsbad 
        Project was authorized, consistent with existing management of 
        such lands.
            (2) Except as provided in paragraph (3), the District shall 
        assume all rights and obligations of the United States under--
                    (A) the agreement dated July 28, 1994, between the 
                United States and the Director, New Mexico Department 
                of Game and Fish (Document No. 2-LM-40-00640), relating 
                to management of certain lands near Brantley Reservoir 
                for fish and wildlife purposes,
                    (B) the agreement dated March 9, 1977, between the 
                United States and the New Mexico Department of Energy, 
                Minerals, and Natural Resources (Contract No. 7-07-57-
                X0888) for the management and operation of Brantley 
                Lake State Park.
            (3) Exceptions.--
                    (A) The District shall not be obligated for any 
                financial support associated with either agreement 
                under paragraph (2).
                    (B) The District shall not be entitled to any 
                revenues generated by the operation of Brantley Lake 
                State Park.

SEC. 2 LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED 
              LANDS.

    (a) Identification and Notification of Leaseholders.--Within 45 
days after the date of enactment of this Act, the Secretary of the 
Interior shall provide to the District a written identification of all 
mineral and grazing leases in effect on the acquired lands on the date 
of enactment of this Act, and the Secretary of the Interior shall 
notify all leaseholders of the conveyance made by this Act.
    (b) Management of Mineral and Grazing Leases.--Upon conveyance, the 
District shall assume all rights and obligations of the United States 
for all mineral and grazing leases on the acquired lands, and shall be 
entitled to any revenues from such leases accruing after such date. The 
District shall continue to adhere to the current Bureau of Reclamation 
mineral leasing stipulations for the Carlsbad Project.
    (c) Availability of Amounts Paid Into Reclamation Fund.--Receipts 
paid into the reclamation fund which now exist as credits to the 
Carlsbad Project under the Mineral Lands Leasing Act of 1920 (30 U.S.C. 
181 et. seq.), shall be made available to the District under the 
distribution scheme set forth in section (4)(I) of the Act of December 
5, 1924 (43 U.S.C. 501; commonly referred to as the ``Fact Finders Act 
of 1942'').
                                 <all>