[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3706 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3706

To authorize the Secretary of the Interior to implement the provisions 
  of the Agreement conveying title to a Distribution System from the 
     United States to the Clear Creek Community Services District.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1998

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

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to implement the provisions 
  of the Agreement conveying title to a Distribution System from the 
     United States to the Clear Creek Community Services 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 ``Clear Creek Distribution System 
Conveyance Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) District.--The term ``District'' means the Clear Creek 
        Community Services District, a California community services 
        district located in Shasta County, California.
            (3) Reclamation.--The term ``Reclamation'' means the United 
        States Bureau of Reclamation.
            (4) Agreement.--The term ``Agreement'' means Agreement No. 
        8-07-20-L6975 entitled ``Agreement Between the United States 
        and the Clear Creek Community Services District to Transfer 
        Title to the Clear Creek Distribution System to the Clear Creek 
        Community Services District.''
            (5) Distribution system.--The term ``Distribution System'' 
        means that term as defined in the Agreement.

SEC. 3. AUTHORITY TO CONVEY TITLE.

    The Secretary is hereby authorized to convey title to the 
Distribution System consistent with the terms and conditions set forth 
in the Agreement.

SEC. 4. COMPLIANCE WITH OTHER LAWS.

    Following conveyance of title as provided in this Act, the District 
shall comply with all requirements of Federal, California, and local 
law as may be applicable to non-Federal water distribution systems.

SEC. 5. NATIVE AMERICAN TRUST RESPONSIBILITY.

    The Secretary shall ensure that any trust responsibilities to any 
Native American Tribes that may be affected by the transfer under this 
Act are protected and fulfilled.

SEC. 6. LIABILITY.

    Effective on the date of conveyance as provided in this Act, the 
District agrees that it shall hold the United States harmless and shall 
indemnify the United States for any and all claims, costs, damages, and 
judgments of any kind arising out of any act, omission, or occurrence 
relating to the Distribution System, except for such claims, costs, or 
damages arising from acts of negligence committed by the United States 
or by its employees, agents, or contractors prior to the date of 
conveyance for which the United States is found liable under the 
Federal Tort Claims Act (28 U.S.C. 2671 et seq.), provided such acts of 
negligence exclude all actions related to the installation of the 
Distribution System and/or prior billing and payment relative to the 
Distribution System.

SEC. 7. DEAUTHORIZATION.

    Effective upon the date of conveyance, the Distribution System is 
hereby deauthorized as a Federal Reclamation Project facility. 
Thereafter, the District shall not be entitled to receive any further 
Reclamation benefits relative to the Distribution System. Such 
deauthorization shall not affect any of the provisions of the 
District's existing water service contract with the United States 
(contract number 14-06-200-489-IR3), as it may be amended or 
supplemented. Nor shall such deauthorization deprive the District of 
any existing contractual or statutory entitlement to subsequent interim 
renewals of such contract or renewal by entering into a long-term water 
service contract.
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