[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 412 Enrolled Bill (ENR)]

        H.R.412

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
To approve a settlement agreement between the Bureau of Reclamation and 
               the Oroville-Tonasket Irrigation 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 ``Oroville-Tonasket Claim Settlement 
and Conveyance Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to authorize the Secretary of the 
Interior to implement the provisions of the negotiated Settlement 
Agreement including conveyance of the Project Irrigation Works, 
identified as not having national importance, to the District, and for 
other purposes.

SEC. 3. DEFINITIONS.

    As used in this Act:
        (1) The term ``Secretary'' means the Secretary of the Interior.
        (2) The term ``Reclamation'' means the United States Bureau of 
    Reclamation.
        (3) The term ``District'' or ``Oroville-Tonasket Irrigation 
    District'' means the project beneficiary organized and operating 
    under the laws of the State of Washington, which is the operating 
    and repayment entity for the Project.
        (4) The term ``Project'' means the Oroville-Tonasket unit 
    extension, Okanogan-Similkameen division, Chief Joseph Dam Project, 
    Washington, constructed and rehabilitated by the United States 
    under the Act of September 28, 1976 (Public Law 94-423, 90 Stat. 
    1324), previously authorized and constructed under the Act of 
    October 9, 1962 (Public Law 87-762, 76 Stat. 761), under the 
    Federal reclamation laws (including the Act of June 17, 1902 (ch. 
    1093, 32 Stat. 388), and Acts supplementary thereto or amendatory 
    thereof).
        (5) The term ``Project Irrigation Works'' means--
            (A) those works actually in existence and described in 
        subarticle 3(a) of the Repayment Contract, excluding Wildlife 
        Mitigation Facilities, and depicted on the maps held by the 
        District and Reclamation, consisting of the realty with 
        improvements and real estate interests;
            (B) all equipment, parts, inventories, and tools associated 
        with the Project Irrigation Works realty and improvements and 
        currently in the District's possession; and
            (C) all third party agreements.
        (6)(A) The term ``Basic Contract'' means Repayment Contract No. 
    14-06-100-4442, dated December 26, 1964, as amended and 
    supplemented, between the United States and the District;
        (B) the term ``Repayment Contract'' means Repayment Contract 
    No. 00-7-10-W0242, dated November 28, 1979, as amended and 
    supplemented, between the United States and the District; and
        (C) the term ``third party agreements'' means existing 
    contractual duties, obligations, and responsibilities that exist 
    because of all leases, licenses, and easements with third-parties 
    related to the Project Irrigation Works, or the lands or rights-of-
    way for the Project Irrigation Works, but excepting power 
    arrangements with the Bonneville Power Administration.
        (7) The term ``Wildlife Mitigation Facilities'' means--
            (A) land, improvements, or easements, or any combination 
        thereof, secured for access to such lands, acquired by the 
        United States under the Fish and Wildlife Coordination Act (16 
        U.S.C. 661-667e); and
            (B) all third party agreements associated with the land, 
        improvements, or easements referred to in subparagraph (A).
        (8) The term ``Indian Trust Lands'' means approximately 61 
    acres of lands identified on land classification maps on file with 
    the District and Reclamation beneficially owned by the Confederated 
    Tribes of the Colville Reservation (Colville Tribes) or by 
    individual Indians, and held in trust by the United States for the 
    benefit of the Colville Tribes in accordance with the Executive 
    Order of April 9, 1872.
        (9) The term ``Settlement Agreement'' means the Agreement made 
    and entered on April 15, 1996, between the United States of America 
    acting through the Regional Director, Pacific Northwest Region, 
    Bureau of Reclamation, and the Oroville-Tonasket Irrigation 
    District.
        (10) The term ``operations and maintenance'' means normal and 
    reasonable care, control, operation, repair, replacement, and 
    maintenance.

SEC. 4. AGREEMENT AUTHORIZATION.

    The Settlement Agreement is approved and the Secretary of the 
Interior is authorized to conduct all necessary and appropriate 
investigations, studies, and required Federal actions to implement the 
Settlement Agreement.

SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING OBLIGATIONS.

    (a) Consideration to United States.--Consideration by the District 
to the United States in accordance with the Settlement Agreement 
approved by this Act shall be--
        (1) payment of $350,000 by the District to the United States;
        (2) assumption by the District of full liability and 
    responsibility and release of the United States of all further 
    responsibility, obligations, and liability for removing irrigation 
    facilities constructed and rehabilitated by the United States under 
    the Act of October 9, 1962 (Public Law 87-762, 76 Stat. 761), or 
    referenced in section 201 of the Act of September 28, 1976 (Public 
    Law 94-423, 90 Stat. 1324), and identified in Article 3(a)(8) of 
    the Repayment Contract;
        (3) assumption by the District of sole and absolute 
    responsibility for the operations and maintenance of the Project 
    Irrigation Works;
        (4) release and discharge by the District as to the United 
    States from all past and future claims, whether now known or 
    unknown, arising from or in any way related to the Project, 
    including any arising from the Project Irrigation Works constructed 
    pursuant to the 1964 Basic Contract or the 1979 Repayment Contract;
        (5) assumption by the District of full responsibility to 
    indemnify and defend the United States against any third party 
    claims associated with any aspect of the Project, except for that 
    claim known as the Grillo Claim, government contractor construction 
    claims accruing at any time, and any other suits or claims filed as 
    of the date of the Settlement Agreement; and
        (6) continued obligation by the District to deliver water to 
    and provide for operations and maintenance of the Wildlife 
    Mitigation Facilities at its own expense in accordance with the 
    Settlement Agreement.
    (b) Responsibilities of United States.--In return the United States 
shall--
        (1) release and discharge the District's obligation, including 
    any delinquent or accrued payments, or assessments of any nature 
    under the 1979 Repayment Contract, including the unpaid obligation 
    of the 1964 Basic Contract;
        (2) transfer title of the Project Irrigation Works to the 
    District;
        (3) assign to the District all third party agreements 
    associated with the Project Irrigation Works;
        (4) continue power deliveries provided under section 6 of this 
    Act; and
        (5) assume full responsibility to indemnify and defend the 
    District against any claim known as the Grillo Claim, government 
    contractor construction claims accruing at any time, and any other 
    suits or claims filed against the United States as of the date of 
    the Settlement Agreement.
    (c) Project Construction Costs.--The transfer of title authorized 
by this Act shall not affect the timing or amount of the obligation of 
the Bonneville Power Administration for the repayment of construction 
costs incurred by the Federal government under section 202 of the Act 
of September 28, 1976 (90 Stat. 1324, 1326) that the Secretary of the 
Interior has determined to be beyond the ability of the irrigators to 
pay. The obligation shall remain charged to, and be returned to the 
Reclamation Fund as provided for in section 2 of the Act of June 14, 
1966 (80 Stat. 200) as amended by section 6 of the Act of September 7, 
1966 (80 Stat. 707, 714).

SEC. 6. POWER.

    Nothing in this Act shall be construed as having any affect on 
power arrangements under Public Law 94-423 (90 Stat. 1324). The United 
States shall continue to provide to the District power and energy for 
irrigation water pumping for the Project, including Dairy Point Pumping 
Plant. However, the amount and term of reserved power shall not exceed, 
respectively--
        (1) 27,100,000 kilowatt hours per year; and
        (2) 50 years commencing October 18, 1990.
The rate that the District shall pay the Secretary for such reserved 
power shall continue to reflect full recovery of Bonneville Power 
Administration transmission costs.

SEC. 7. CONVEYANCE.

    (a) Conveyance of Interests of United States.--Subject to valid 
existing rights, the Secretary is authorized to convey all right, 
title, and interest, without warranties, of the United States in and to 
all Project Irrigation Works to the District. In the event a 
significant cultural resource or hazardous waste site is identified, 
the Secretary is authorized to defer or delay transfer of title to any 
parcel until required Federal action is completed.
    (b) Retention of Title to Wildlife Mitigation Facilities.--The 
Secretary will retain title to the Wildlife Mitigation Facilities. The 
District shall remain obligated to deliver water to and provide for the 
operations and maintenance of the Wildlife Mitigation Facilities at its 
own expense in accordance with the Settlement Agreement.
    (c) Reservation.--The transfer of rights and interests pursuant to 
subsection (a) shall reserve to the United States all oil, gas, and 
other mineral deposits and a perpetual right to existing public access 
open to public fishing,hunting, and other outdoor recreation purposes, 
and such other existing public uses.

SEC. 8. REPAYMENT CONTRACT.

    Upon conveyance of title to the Project Irrigation Works 
notwithstanding any parcels delayed in accordance with section 7(a), 
the 1964 Basic Contract, and the 1979 Repayment Contract between the 
District and Reclamation, shall be terminated and of no further force 
or effect.

SEC. 9. INDIAN TRUST RESPONSIBILITIES.

    The District shall remain obligated to deliver water under 
appropriate water service contracts to Indian Trust Lands upon request 
from the owners or lessees of such land.

SEC. 10. LIABILITY.

    Upon completion of the conveyance of Project Irrigation Works under 
this Act, the District shall--
        (1) be liable for all acts or omissions relating to the 
    operation and use of the Project Irrigation Works that occur before 
    or after the conveyance except for the Grillo Claim, government 
    contractor construction claims accruing at any time, and any other 
    suits or claims filed as of the date of the Settlement Agreement;
        (2) absolve the United States and its officers and agents of 
    responsibility and liability for the design and construction 
    including latent defects associated with the Project; and
        (3) assume responsibility to indemnify and defend the United 
    States against all claims whether now known or unknown and 
    including those of third party claims associated with, arising 
    from, or in any way related to, the Project except for the Grillo 
    Claim, government contractor construction claims accruing at any 
    time, and any other suits or claims filed as of the date of the 
    Settlement Agreement.

SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF MANDATES.

    (a) Reclamation Laws.--All mandates imposed by the Reclamation Act 
of 1902, and all Acts supplementary thereto or amendatory thereof, 
including the Reclamation Reform Act of 1982, upon the Project 
Irrigation Works shall be terminated upon the completion of the 
transfers as provided by this Act and the Settlement Agreement.
    (b) Relationship to Other Laws.--The transfer of title authorized 
by this Act shall not--
        (1) be subject to the provisions of chapter 5 of title 5, 
    United States Code (commonly known as the ``Administrative 
    Procedure Act''); or
        (2) be considered a disposal of surplus property under the 
    Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
    471 et seq.) and the Surplus Property Act of 1944 (50 U.S.C. App. 
    1601 et seq.).
    (c) Deauthorization.--Effective upon transfer of title to the 
District under this Act, that portion of the Oroville-Tonasket Unit 
Extension, Okanogan-Similkameen Division, Chief Joseph Dam Project, 
Washington, referred to in section 7(a) as the Project Irrigation Works 
is hereby deauthorized. After transfer of title, the District shall not 
be entitled to receive any further Reclamation benefits pursuant to the 
Reclamation Act of June 17, 1902, and Act supplementary thereto or 
amendatory thereof.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.