[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2506 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2506
To direct the Secretary of the Interior to convey the Collbran
Reclamation Project to the Ute Water Conservancy District and the
Collbran Conservancy District.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 1997
Mr. McInnis introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey the Collbran
Reclamation Project to the Ute Water Conservancy District and the
Collbran Conservancy District.
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 ``Collbran Project Unit Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Districts.--The term ``Districts'' means the Ute Water
Conservancy District and the Collbran Conservancy District
(including their successors and assigns), which are political
subdivisions of the State of Colorado.
(2) Federal reclamation laws.--The term ``Federal
reclamation laws'' means the Act of June 17, 1902, and Acts
amendatory thereof or supplementary thereto (32 Stat. 388,
chapter 1093; 43 U.S.C. 371 et seq.) (including regulations
adopted under those Acts).
(3) Project.--The term ``project'' means the Collbran
Reclamation project, as constructed and operated under the Act
of July 3, 1952 (66 Stat. 325, chapter 565), including all
property, equipment, and assets of or relating to the project
that are owned by the United States, including--
(A) Vega Dam and Reservoir (but not including the
Vega Recreation Facilities);
(B) Leon-Park dams and feeder canal;
(C) Southside Canal;
(D) East Fork diversion dam and feeder canal;
(E) Bonham-Cottonwood pipeline;
(F) Snowcat shed and diesel storage;
(G) Upper Molina penstock and power plant;
(H) Lower Molina penstock and power plant;
(I) the diversion structure in the tailrace of the
Lower Molina power plant;
(J) all substations and switchyards;
(K) a nonexclusive easement for the use of existing
easements or rights-of-way owned by the United States
on or across non-Federal land that are necessary for
access to project facilities;
(L) title to land reasonably necessary for all
project facilities (except land described in
subparagraph (K) or paragraph (2) or (3) of section
3(a));
(M) all permits and contract rights held by the
Bureau of Reclamation, including without limitation or
contract or other rights relating to the operation,
use, maintenance, repair, or replacement of the water
storage reservoirs located on the Grand Mesa that are
operated as part of the project;
(N) all equipment, parts inventories, and tools;
(O) all additions, replacements, betterments, and
appurtenances to any of the land, interests in land,
personal property, permits, contract rights, or
facilities described in subparagraphs (A) through (N);
and
(P) a copy of all data, plans, designs, reports,
records, or other materials, whether in writing or in
any form of electronic storage, relating specifically
to the project.
(4) Vega recreation facilities.--The term ``Vega Recreation
Facilities'' includes--
(A) buildings, campgrounds, picnic areas, parking
lots, fences, boat docks and ramps, electrical lines,
water and sewer systems, trash and toilet facilities,
roads, a nonexclusive easement for use of the road over
Vega Dam, trails, and other structures and equipment
used for State park purposes (such as recreation,
maintenance, and daily and overnight visitor use), at
and near Vega Reservoir;
(B) lands above the high water level of Vega
Reservoir within the area previously defined by the
Secretary as the ``Reservoir Area Boundary'' that have
not historically been utilized for Collbran project
water storage and delivery facilities, together with an
easement for public access for recreational purposes to
Vega Reservoir and the water surface of Vega Reservoir
and for construction, operation, maintenance, and replacement of
facilities for recreational purposes below the high water line; and
(C) improvements constructed or added under the
agreements referred to in section 3(f).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE.
(a) In General.--
(1) Conveyance to districts.--
(A) In general.--On or before the date that is 1
year after the date of enactment of this Act, the
Secretary shall convey to the Districts all right,
title, and interest of the United States in and to the
project by quitclaim deed and bill of sale, without
warranties, subject only to the requirements of this
Act.
(B) Action pending conveyance.--Until the
conveyance under subparagraph (A) occurs, the
Commissioner of Reclamation shall continue to exercise
the responsibility to provide for the operation,
maintenance, repair, and replacement of project
facilities and the storage reservoirs on the Grand Mesa
to the extent that the responsibility is the
responsibility of the Bureau of Reclamation and has not
been delegated to the Districts before the date of
enactment of this Act or is not delegated or
transferred to the Districts by agreement after that
date, so that at the time of the conveyance the
facilities are in the same condition as, or better
condition than, the condition of the facilities on the
date of enactment of this Act.
(2) Easements on national forest system lands.--
(A) In general.--On or before the date that is 1
year after the date of enactment of this Act, the
Secretary of Agriculture shall grant, subject only to
the requirements of this Act--
(i) a nonexclusive easement on and across
National Forest System land to the Districts
for ingress and egress on access routes in
existence on the date of enactment of this Act
to each component of the project and each
storage reservoir on the Grand Mesa in
existence on the date of enactment of this Act
that is operated as part of the project;
(ii) a nonexclusive easement on National
Forest System land for the operation, use,
maintenance, repair, and replacement (but not
enlargement) of the storage reservoirs on the
Grand Mesa in existence on the date of
enactment of this Act to the owners and
operators of the reservoirs that are operated
as a part of the project; and
(iii) a nonexclusive easement to the
Districts for the operation, use, maintenance,
repair, and replacement (but not enlargement)
of the components of project facilities that
are located on National Forest System land,
subject to the requirement that the Districts
shall provide reasonable notice to and the
opportunity for consultation with the
designated representative of the Secretary of
Agriculture for nonroutine, nonemergency
activities that occur on the easement.
(B) Exercise of easement.--The easement under
subparagraph (A)(ii) may be exercised if the land use
authorizations for the storage reservoirs described in
subparagraph (A)(ii) are restricted, terminated,
relinquished, or abandoned, and the easement shall not be subject to
conditions or requirements that interfere with or limit the use of the
reservoirs for water supply or power purposes.
(3) Easements to districts for southside canal.--On or
before the date that is 1 year after the date of enactment of
this Act, the Secretary shall grant to the Districts, subject
only to the requirements of this Act--
(A) a nonexclusive easement on and across land
administered by agencies within the Department of the
Interior for ingress and egress on access routes to and
along the Southside Canal in existence on the date of
enactment of this Act; and
(B) a nonexclusive easement for the operation, use,
maintenance, repair, and replacement of the Southside
Canal, subject to the requirement that the Districts
shall provide reasonable notice to and the opportunity
for consultation with the designated representative
of the Secretary for nonroutine, nonemergency activities that occur on
the easement.
(4) When easements granted.--The easements under paragraphs
(2) and (3) shall be granted before or simultaneously with the
conveyance of the project under paragraph (1).
(b) Reservation.--
(1) In general.--The conveyance of rights or interests
under subsection (a) shall reserve to the United States all
minerals (including hydrocarbons) and a perpetual right of
public access over, across, under, and to the portions of the
project that on the date of enactment of this Act were open to
public use for fishing, boating, hunting, and other outdoor
recreation purposes and other public uses such as grazing,
mineral development, and logging.
(2) Recreational activities.--The United States may allow
for continued public use and enjoyment of such portions of the
project for recreational activities and other public uses as
are conducted as of the date of enactment of this Act.
(c) Conveyance to State of Colorado.--All right, title, and
interest in the Vega Recreation Facilities shall remain in the United
States until the terms of the agreements referred to in subsection (f)
have been fulfilled by the United States, at which time all right,
title, and interest in the Vega Recreation Facilities shall be conveyed
by the Secretary to the State of Colorado, Division of Parks and
Outdoor Recreation.
(d) Payment.--
(1) In general.--At the time of the conveyance under
subsection (a)(1), the Districts shall pay to the United States
$12,900,000 ($12,300,000 of which represents the net present
value of the outstanding repayment obligations for the
project), of which--
(A) $12,300,000 shall be deposited in the general
fund of the Treasury of the United States; and
(B) $600,000 shall be deposited in a special
account in the Treasury of the United States and shall
be available to the United States Fish and Wildlife
Service, Region 6, without further Act of
appropriation, for use in funding Colorado operations
and capital expenditures associated with the Grand
Valley Water Management Project for the purpose of
recovering endangered fish in the Upper Colorado River
Basin, as identified in the Recovery Implementation
Program for Endangered Fish Species in the Upper
Colorado River Basin, or such other component of the
Recovery Implementation Program within Colorado as may
be selected with the concurrence of the Governor of the
State of Colorado.
(2) Source of funds.--Funds for the payment to the extent
of the amount specified in paragraph (1) shall not be derived
from the issuance or sale, prior to the conveyance, of State or
local bonds the interest on which is exempt from taxation under
section 103 of the Internal Revenue Code of 1986.
(e) Operation of Project.--
(1) In general.--
(A) Declaration.--The project was authorized and
constructed under the Act of July 3, 1952 (66 Stat.
325, chapter 565) for the purpose of placing water to
beneficial use for authorized purposes within the State
of Colorado.
(B) Operation.--The project shall be operated and
used by the Districts for a period of 40 years after
the date of enactment of this Act for the purposes for
which the project was authorized.
(C) Changes in operation.--The Districts shall
attempt, to the extent practicable, taking into
consideration historic project operations, to notify
the State of Colorado of changes in historic project
operations which may adversely affect State park
operations.
(2) Requirements.--During the 40-year period described in
paragraph (1)(B)--
(A) the Districts shall annually submit to the
Secretary of Agriculture and the Colorado Department of
Natural Resources a plan for operation of the project,
which plan shall--
(i) report on project operations for the
previous year;
(ii) provide a description of the manner of
project operations anticipated for the
forthcoming year, which shall be prepared after
consultation with the designated
representatives of the Secretary of
Agriculture, the Board of County Commissioners
of Mesa County, Colorado, and the Colorado
Department of Natural Resources; and
(iii) certify that the Districts have
operated and will operate and maintain
the project facilities in accordance with sound engineering practices;
and
(B) subject to section 4, all electric power
generated by operation of the project shall be made
available to and be marketed by the Western Area Power
Administration.
(f) Agreements.--Conveyance of the project shall be subject to the
agreements between the United States and the State of Colorado dated
August 22, 1994, and September 23, 1994, relating to the construction
and operation of recreational facilities at Vega Reservoir, which
agreements shall continue to be performed by the parties to the
agreements according to the terms of the agreements.
SEC. 4. OPERATION OF THE POWER COMPONENT.
(a) Conformity to Historic Operations.--The power component and
facilities of the project shall be operated in substantial conformity
with the historic operations of the power component and facilities
(including recent operations in a peaking mode).
(b) Power Marketing.--
(1) Existing marketing arrangement.--The post-1989
marketing criteria, which provide for the marketing of power
generated by the power component of the project as part of the
output of the Salt Lake City area integrated projects, shall no
longer be binding on the project upon conveyance of the project
under section 3(a).
(2) After termination of existing marketing arrangement.--
(A) In general.--
(i) First offer.--After the conveyance
under section 3(a), the Districts shall offer
all power produced by the power component of
the project to the Western Area Power
Administration or its successors or assigns
(referred to in this paragraph as ``Western''),
which, in consultation with its affected
preference customers, shall have the first
right to purchase such power at the rates
established under subparagraph (B).
(ii) Second offer.--If Western declines to
purchase the power after consultation with its
affected preference customers, the power shall
be offered at the same rates first to Western's
preference customers located in the Salt Lake
City area integrated projects marketing area
(referred to in this paragraph as the ``SLCAIP
preference customers'').
(iii) Other offers.--After offers have been
made under clauses (i) and (ii), power may be
sold to any other party, but no such sale may
occur at a rate less than a rate established
under subparagraph (B) unless the power is
offered at the lesser rate first to Western and
second to the SLCAIP preference customers.
(B) Rate.--The rate for power initially offered to
Western and the SLCAIP preference customers under this
paragraph shall not exceed that required to produce
revenues sufficient to provide for--
(i) annual debt service or recoupment of
the cost of capital (or a combination of both)
for the amount specified in section 3(d)(1)(A)
less the sum of $310,000 (which is the net
present value of the outstanding repayment
obligation of the Collbran Conservancy
District); and
(ii) the cost of operation, maintenance,
and replacement of the power component of the
project.
(C) Determination of costs and rate.--Costs and a
rate under subparagraph (B) shall be determined in a
manner that is consistent with the principles followed,
as of the date of enactment of this Act, by the
Secretary and by Western in its annual power and
repayment study.
SEC. 5. LICENSE.
(a) In General.--Before conveyance of the project to the Districts,
the Federal Energy Regulatory Commission shall issue to the Districts a
license or licenses as appropriate under part I of the Federal Power
Act (16 U.S.C. 791 et seq.) authorizing for a term of 40 years the
continued operation and maintenance of the power component of the
project.
(b) Terms of License.--
(1) In general.--The license under subsection (a)--
(A) shall be for the purpose of operating, using,
maintaining, repairing, and replacing the power
component of the project as authorized by the Act of
July 3, 1952 (66 Stat. 325, chapter 565);
(B) shall be subject to the condition that the
power component of the project continue to be operated
and maintained in accordance with the authorized
purposes of the project; and
(C) shall be subject to part I of the Federal Power
Act (16 U.S.C. 791 et seq.) except as stated in
paragraph (2).
(2) Laws not applicable.--
(A) Federal power act.--
(i) In general.--The license under
subsection (a) shall not be subject to the
following provisions of the Federal Power Act:
the word ``constructed'' in section 3(10) (16
U.S.C. 796d(10)); the 4 provisos of section
4(e) (16 U.S.C. 797(e)); section 6 (16 U.S.C.
799) to the extent that the section requires
acceptance by a licensee of terms and
conditions of the Act that this subsection
waives; section 10(e) (insofar as the
subsection concerns annual charges for the use
and occupancy of Federal lands and facilities);
subsection (f) or (j) of section 10 (16 U.S.C.
803); section 18 (16 U.S.C. 811); section 19
(16 U.S.C. 812); section 20 (16 U.S.C. 813); or
section 22 (16 U.S.C. 815).
(ii) Not a government dam.--Notwithstanding
that any dam under the license under subsection
(a) may have been constructed by the United
States for Government purposes, the dam shall
not be considered to be a Government dam, as
that term is defined in section 3 of the
Federal Power Act (16 U.S.C. 796).
(iii) Standard form license conditions.--
The license under subsection (a) shall not be
subject to the standard ``L-Form'' license
conditions published at 54 FPC 1792-1928
(1975).
(B) Other laws.--The issuance of the license under
subsection (a) shall not be subject to--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) section 2402 of the Energy Policy Act
of 1992 (16 U.S.C. 797c);
(iii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(iv) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(v) the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.);
(vi) the Federal Water Pollution Control
Act (commonly known as the ``Clean Water Act'')
(33 U.S.C. 1251 et seq.);
(vii) the National Historic Preservation
Act (16 U.S.C. 470 et seq.);
(viii) the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.);
(ix) the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.); or
(x) any other Act otherwise applicable to
the licensing of the project.
(3) Laws enacted after issuance of license.--The operation
of the project shall be subject to all existing and future
applicable State and Federal laws enacted after the date of
issuance of the license under subsection (a).
(c) Licensing Standards.--The license under subsection (a) is
deemed to meet all licensing standards of the Federal Power Act (16
U.S.C. 791 et seq.).
(d) Power Site Reservation.--Any power site reservation established
under section 24 of the Federal Power Act (16 U.S.C. 818) or any other
law, that exists on any land, whether federally or privately owned,
that is included within the boundaries of the project shall be vacated
by operation of law on issuance of the license for the project.
(e) Expiration of License.--All requirements of part I of the
Federal Power Act (16 U.S.C. 791 et seq.) and of any other Act
applicable to the licensing of a hydroelectric project shall apply to
the project on expiration of the license issued under this section.
SEC. 6. INAPPLICABILITY OF PRIOR AGREEMENTS AND OF FEDERAL RECLAMATION
LAWS.
On conveyance of the project to the Districts--
(1) the repayment contract dated May 27, 1957, as amended
April 12, 1962, between the Collbran Conservancy District and
the United States, and the contract for use of project
facilities for diversion of water dated January 11, 1962, as
amended November 10, 1977, between the Ute Water Conservancy
District and the United States, shall be terminated and of no
further force or effect; and
(2) the project shall no longer be subject to or governed
by the Federal reclamation laws.
SEC. 7. LIABILITY OF THE DISTRICTS.
The Districts shall be liable, to the extent allowed under State
law, for all acts or omissions relating to the operation and use of the
project by the Districts that occur subsequent to the conveyance under
section 3(a), including damage to any Federal land or facility that
results from the failure of a project facility.
SEC. 8. EFFECT ON STATE LAW.
Nothing in this Act impairs the effectiveness of any State or local
law (including a regulation) relating to land use.
SEC. 9. TREATMENT OF SALES FOR PURPOSES OF CERTAIN LAWS.
The sales of assets under this Act shall not be considered to be a
disposal of Federal surplus property under--
(1) section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484); or
(2) section 13 of the Surplus Property Act of 1944 (50
U.S.C. App. 1622).
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