[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4389 Reported in House (RH)]





                                                 Union Calendar No. 446

105th CONGRESS

  2d Session

                               H. R. 4389

                          [Report No. 105-785]

_______________________________________________________________________

                                 A BILL

To provide for the conveyance of various reclamation project facilities 
          to local water authorities, and for other purposes.

_______________________________________________________________________

                            October 6, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 446
105th CONGRESS
  2d Session
                                H. R. 4389

                          [Report No. 105-785]

To provide for the conveyance of various reclamation project facilities 
          to local water authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1998

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

                            October 6, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on August 
                                4, 1998]

_______________________________________________________________________

                                 A BILL


 
To provide for the conveyance of various reclamation project facilities 
          to local water authorities, and for other purposes.

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

            TITLE I--SLY PARK DAM AND RESERVOIR, CALIFORNIA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Sly Park Unit Conveyance Act''.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) The term ``District'' means the El Dorado Irrigation 
        District, a political subdivision of the State of California 
        that has its principal place of business in the city of 
        Placerville, El Dorado County, California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Project'' means all of the right, title, and 
        interest in and to the Sly Park Dam and Reservoir, Camp Creek 
        Diversion Dam and Tunnel, and conduits and canals held by the 
        United States pursuant to or related to the authorization in 
        the Act entitled ``An Act to authorize the American River Basin 
        Development, California, for irrigation and reclamation, and 
        for other purposes'', approved October 14, 1949 (63 Stat. 852 
        chapter 690);

SEC. 103. CONVEYANCE OF PROJECT.

    (a) In General.--In consideration of the District accepting the 
obligations of the Federal Government for the Project and subject to 
the payment by the District of the net present value of the remaining 
repayment obligation, as determined by Office of Management and Budget 
Circular A-129 (in effect on the date of enactment of this Act) and the 
completion of payments by the District required under subsection (b)(3) 
of this section and section 106(b), the Secretary shall convey the 
Project to the District.
    (b) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be paid by the District.

SEC. 104. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Project it shall comply with all applicable laws or 
regulations governing such changes at that time (subject to section 
105).

SEC. 105. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) Payment Obligations Not Affected.--The conveyance of the 
Project under this title does not affect the payment obligations of the 
District under the contract between the District and the Secretary 
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A.
    (b) Payment Obligations Extinguished.--Provision of consideration 
by the District in accordance with section 103(b) shall extinguish all 
payment obligations under contract numbered 14-06-200-949IR1 between 
the District and the Secretary.

SEC. 106. RELATIONSHIP TO OTHER LAWS.

    (a) Reclamation Laws.--Except as provided in subsection (b), upon 
conveyance of the Project under this title, the Reclamation Act of 1902 
(82 Stat. 388) and all Acts amendatory thereof or supplemental thereto 
shall not apply to the Project.
    (b) Payments Into the Central Valley Project Restoration Fund.--The 
El Dorado Irrigation District shall continue to make payments into the 
Central Valley Project Restoration Fund for 31 years after the date of 
the enactment of this Act. The District's obligation shall be 
calculated in the same manner as Central Valley Project water 
contractors.

SEC. 107. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be liable for damages of any kind arising out of any act, omission, or 
occurrence based on its prior ownership or operation of the conveyed 
property.

                   TITLE II--MINIDOKA PROJECT, IDAHO

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Burley Irrigation District 
Conveyance Act''.

SEC. 202. DEFINITIONS.

    In this section:
            (1) District.--The term ``District'' means the Burley 
        Irrigation District, an irrigation district organized under the 
        law of the State of Idaho.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Project.--The term ``Project'' means all of the right, 
        title, and interest in and to the Southside Pumping Division of 
        the Minidoka Project, Idaho, including the water distribution 
        system below the headworks of the Minidoka Dam held in the name 
        of the United States for the benefit of, and for use on land 
        within, the District for which the allocable construction costs 
        have been fully repaid by the District.

SEC. 203. CONVEYANCE.

    (a) In General.--In consideration of the District accepting the 
obligations of the Federal Government for the Project, and subject to 
the completion of payments by the District required under subsection 
(c)(3), the Secretary shall convey the Project and the water rights 
described in subsection (b) to the District.
    (b) Water Rights.--(1) Subject to subparagraphs (B) and (C), the 
Secretary shall transfer to the District, through an agreement among 
the District, the Minidoka Irrigation District, and the Secretary, in 
accordance with and subject to the law of the State of Idaho, all 
natural flow, waste, seepage, return flow, and ground water rights held 
in the name of the United States--
            (A) for the benefit of the South Side Pumping Division 
        operated and maintained by the District;
            (B) that are for use on lands within the District or that 
        are return flows for which the District may receive credit 
        against storage water used; and
            (C) which include the rights set forth in contracts between 
        the United States and the District or in the Decree of June 20, 
        1913, of the District Court of the Fourth Judicial District of 
        the State of Idaho, in and for the County of Twin Falls, in the 
        case of Twin Falls Canal Company v. Charles N. Foster, et al., 
        and commonly referred to as the ``Foster Decree''.
    (2) The transfer of the property interest of the United States in 
Project water rights directed to be conveyed by this title shall--
            (A) neither enlarge nor diminish the respective rights of 
        either the Minidoka Irrigation District or the District in such 
        water rights, as described in contracts between the District, 
        Minidoka, and the United States;
            (B) not be exercised as to impair the integrated operation 
        of the Minidoka Project by the Secretary pursuant to applicable 
        Federal law;
            (C) not affect any other water rights; and
            (D) not result in any adverse impact on any other project 
        water user.
    (c) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be borne by the District.

SEC. 204. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Project it shall comply with all applicable laws or 
regulations governing such changes at that time (subject to section 
205).

SEC. 205. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) Savings.--Nothing in this title or any transfer pursuant 
thereto shall affect the right of Minidoka Irrigation District to the 
joint use of the gravity portion of the Southside Canal, subject to 
compliance by the Minidoka Irrigation District with the terms and 
conditions of a contract between the District and Minidoka Irrigation 
District, and any amendments or changes made by agreement of the 
irrigation districts.
    (b) Allocation of Storage Space.--The Secretary shall provide an 
allocation to the District of storage space in Minidoka Reservoir, 
American Falls Reservoir, and Palisades Reservoir, as described in 
Burley Contract Nos. 14-06-100-2455 and 14-06-W-48, subject to the 
obligation of Burley to continue to assume and satisfy its allocable 
costs of operation and maintenance associated with the storage 
facilities operated by the Bureau of Reclamation.
    (c) Project Reserved Power.--The Secretary shall continue to 
provide the District with project reserved power from the Minidoka 
Reclamation Power Plant, Palisades Reclamation Power Plant, Black 
Canyon Reclamation Power Plant, and Anderson Ranch Reclamation Power 
Plant in accordance with the terms of the existing contracts, including 
any renewals thereof as provided in such contracts.

SEC. 206. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be held liable for damages of any kind arising out of any act, 
omission, or occurrence based on its prior ownership or operation of 
the conveyed property.

           TITLE III--CARLSBAD IRRIGATION PROJECT, NEW MEXICO

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Carlsbad Irrigation Project 
Acquired Land Conveyance Act''.

SEC. 302. DEFINITIONS.

    For purposes of this title:
            (1) The term ``District'' means the Carlsbad Irrigation 
        District, a quasimunicipal corporation formed under the laws of 
        the State of New Mexico that has its principal place of 
        business in the city of Carlsbad, Eddy County, New Mexico.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Project'' means all right, title, and 
        interest in and to the lands (including the subsurface 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 and all interests the United States holds 
        in the irrigation and drainage system of the Carlsbad Project 
        and all related ditch rider houses, maintenance shop and 
        buildings, and Pecos River Flume.

SEC. 303. CONVEYANCE OF PROJECT.

    (a) In General.--Except as provided in subsection (b), in 
consideration of the District accepting the obligations of the Federal 
Government for the Project, and subject to the completion of payments 
by the District required under subsection (c)(3), the Secretary shall 
convey the Project to the District
    (b) Retained Title.--The Secretary shall retain title to the 
surface estate (but not the mineral estate) of such Project lands which 
are located under the footprint of Brantley and Avalon dams or any 
other Project dam or reservoir diversion structure. The Secretary shall 
retain storage and flow easements for any tracts located under the 
maximum spillway elevations of Avalon and Brantley Reservoirs.
    (c) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be paid by the District.

SEC. 304. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use and operation of 
the Project from its current use. The Project shall continue to be 
managed and used by the District for the purposes for which the Project 
was authorized, based on historic operations, and consistent with the 
management of other adjacent project lands.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Project, it shall comply with all applicable laws or 
regulations governing such changes at that time (subject to section 
305).

SEC. 305. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) In General.--Except as provided in subsection (b), upon 
conveyance of the Project under this title the District shall assume 
all rights and obligations of the United States under 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 and 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.
    (b) Limitation.--The District shall not be obligated for any 
financial support agreed to by the Secretary, or the Secretary's 
designee, in either agreement and the District shall not be entitled to 
any receipts or revenues generated as a result of either agreement.

SEC. 306. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
              ACQUIRED LANDS.

    (a) Notification of Leaseholders.--Within 120 days after the date 
of enactment of this Act, the Secretary shall provide to the District a 
written identification of all mineral and grazing leases in effect on 
Project lands on the date of enactment of this Act and notify all 
leaseholders of the conveyance authorized by this title.
    (b) Management of Leases, Licenses, and Permits.--The District 
shall assume all rights and obligations of the United States for all 
mineral and grazing leases, licenses, and permits existing on the 
Project lands conveyed under section 303, and shall be entitled to any 
receipts from such leases, licenses, and permits accruing after the 
date of conveyance. All such receipts shall be used for purposes for 
which the Project was authorized and for financing the portion of 
operations, maintenance, and replacement at the Sumner Dam that, prior 
to conveyance, was the responsibility of the Bureau of Reclamation, 
with the exception of major maintenance programs in progress prior to 
conveyance. The District shall continue to adhere to the current Bureau 
of Reclamation mineral leasing stipulations for the Project.
    (c) Availability of Amounts Paid Into the Reclamation Fund.--
            (1) Amounts in fund on date of enactment.--Amounts in the 
        reclamation fund on the date of enactment of this Act which 
        exist as construction credits to the Carlsbad Project under the 
        terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 
        351-359) shall be deposited into the general fund of the 
        Treasury and credited to deficit reduction or retirement of the 
        Federal debt.
            (2) Receipts after date of enactment.--Of the receipts from 
        mineral and grazing leases, licenses, and permits on Project 
        lands to be conveyed under section 303 that are received by the 
        United States after the date of enactment of this Act and 
        before the date of conveyance, up to $200,000 shall be applied 
        to pay the cost referred to in section 303(c)(3) and the 
        remainder shall be deposited into the general fund of the 
        Treasury of the United States and credited to deficit reduction 
        or retirement of the Federal debt.

SEC. 307. WATER CONSERVATION PRACTICES.

    Nothing in this title shall be construed to limit the ability of 
the District to voluntarily implement water conservation practices.

SEC. 308. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be liable for damages of any kind arising out of any act, omission, or 
occurrence based on its prior ownership or operation of the conveyed 
property.

SEC. 309. FUTURE RECLAMATION BENEFITS.

    After completion of the conveyance under this title, the District 
shall not be eligible for any emergency loan from the Bureau of 
Reclamation for maintenance or replacement of any facility conveyed 
under this title.

                 TITLE IV--PALMETTO BEND PROJECT, TEXAS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Palmetto Bend Conveyance Act''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) State.--The term ``State'' means the Lavaca-Navidad 
        River Authority and the Texas Water Development Board, jointly.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Project.--The term ``Project'' means all of the right, 
        title, and interest in and to the Palmetto Bend reclamation 
        project, Texas, authorized by Public Law 90-562 (82 Stat. 999).

SEC. 403. CONVEYANCE OF PROJECT.

    (a) In General.--In consideration of the State accepting the 
obligations of the Federal Government for the Project and subject to 
the payment by the State of the net present value of the remaining 
repayment obligation, as determined by Office of Management and Budget 
Circular A-129 (in effect on the date of enactment of this Act) and the 
completion of payments by the State required under subsection (b)(3), 
the Secretary shall convey the Project to the State.
    (b) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        State intends to change Project operations as a result of the 
        conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be paid by the State.

SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Future Alterations.--If the State alters the operations or uses 
of the Project it shall comply will all applicable laws or regulations 
governing such changes at that time.
    (c) Condition.--Subject to the laws of the State of Texas, Lake 
Texana shall not be used to wheel water originating from the Texas, 
Colorado River.

SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    Existing obligations of the United States pertaining to the Project 
shall continue in effect and be assumed by the State.

SEC. 406. RELATIONSHIP TO OTHER LAWS.

    Upon conveyance of the Project under this title, the Reclamation 
Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or 
supplemental thereto shall not apply to the Project.

SEC. 407. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be liable for damages of any kind arising out of any act, omission, or 
occurrence based on its prior ownership or operation of the conveyed 
property.

        TITLE V--WELLTON-MOHAWK DIVISION, GILA PROJECT, ARIZONA

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Wellton-Mohawk Division Title 
Transfer Act of 1998''.

SEC. 502. DEFINITIONS.

    For purposes of this title:
            (1) The term ``District'' means the Wellton-Mohawk 
        Irrigation and Drainage District, an irrigation and drainage 
        district created, organized, and existing under and by virtue 
        of the laws of the State of Arizona.
            (2) The term ``Project'' means all of the right, title, and 
        interest in and to the Wellton-Mohawk Division, Gila Project, 
        Arizona, held by the United States pursuant to or related to 
        any authorization in the Act of July 30, 1947 (chapter 382; 61 
        Stat. 628).
            (3) The term ``Secretary'' means the Secretary of the 
        Interior.
            (4) The term ``withdrawn lands'' means those lands within 
        and adjacent to the District that have been withdrawn from 
        public use for reclamation purposes.

SEC. 503. CONVEYANCE OF PROJECT.

    (a) In General.--In consideration of the District accepting the 
obligations of the Federal Government for the Project, and subject to 
the payment of fair market value by the District for the withdrawn 
lands and the completion of payments by the District required under 
subsection (b)(3), the Secretary shall convey the Project and the 
withdrawn lands to the District in accordance with the Memorandum of 
Agreement between the Secretary and the District numbered 8-AA-34-WAO14 
and dated July 10, 1988.
    (b) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                3 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be paid by the District.

SEC. 504. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use or operation.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Project, it shall comply with all applicable laws and 
regulations governing such changes at that time.

SEC. 505. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be held liable under any law for damages of any kind arising out of any 
act, omission, or occurrence based on its prior ownership or operation 
of the conveyed property.

SEC. 506. LANDS TRANSFER.

    Pursuant to the Memorandum of Agreement between the Secretary and 
the District numbered 8-AA-34-WAO14 and dated July 10, 1988, the 
Secretary may transfer to the District, by sale or exchange, at fair 
market value, public lands located in or adjacent to the Project, and 
lands held by the Federal Government on the date of the enactment of 
this Act pursuant to Public Law 93-320 and Public Law 100-512 and 
located in or adjacent to the District, other than lands in the Gila 
River channel.

SEC. 507. WATER AND POWER CONTRACTS.

    Notwithstanding any conveyance or transfer under this title, the 
Secretary and the Secretary of Energy shall provide for and deliver 
Colorado River water and Parker-Davis Project Priority Use Power to the 
District in accordance with the terms of existing contracts with the 
District, including any amendments and supplements thereto or 
extensions thereof and as provided under section 2 of the Memorandum of 
Agreement between the Secretary and the District numbered 8-AA-34-WAO14 
and dated July 10, 1988.

                TITLE VI--CANADIAN RIVER PROJECT, TEXAS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Canadian River Project Prepayment 
Act''.

SEC. 602. DEFINITIONS.

    For the purposes of this title:
            (1) The term ``Authority'' means the Canadian River 
        Municipal Water Authority, a conservation and reclamation 
        district of the State of Texas.
            (2) The term ``Canadian River Project Authorization Act'' 
        means the Act entitled `An Act to authorize the construction, 
        operation, and maintenance by the Secretary of the Interior of 
        the Canadian River reclamation project, Texas'', approved 
        December 29, 1950 (chapter 1183; 64 Stat. 1124).
            (3) The term ``Project'' means all of the right, title, and 
        interest in and to all land and improvements comprising the 
        pipeline and related facilities of the Canadian River Project 
        authorized by the Canadian River Project Authorization Act.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 603. PREPAYMENT AND CONVEYANCE OF PROJECT.

    (a) In General.--(1) In consideration of the Authority accepting 
the obligation of the Federal Government for the Project and subject to 
the payment by the Authority of the applicable amount under paragraph 
(2) within the 360-day period beginning on the date of the enactment of 
this title, the Secretary shall convey the Project to the Authority, as 
provided in section 2(c)(3) of the Canadian River Project Authorization 
Act (64 Stat. 1124).
    (2) For purposes of paragraph (1), the applicable amount shall be--
            (A) $34,806,731, if payment is made by the Authority within 
        the 270-day period beginning on the date of enactment of this 
        title; or
            (B) the amount specified in subparagraph (A) adjusted to 
        include interest on that amount since the date of the enactment 
of this title at the appropriate Treasury bill rate for an equivalent 
term, if payment is made by the Authority after the period referred to 
in subparagraph (A).
    (3) If payment under paragraph (1) is not made by the Authority 
within the period specified in paragraph (1), this title shall have no 
force or effect.
    (b) Financing.--Nothing in this title shall be construed to affect 
the right of the Authority to use a particular type of financing.

SEC. 604. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Future Alterations.--If the Authority alters the operations or 
uses of the Project it shall comply with all applicable laws or 
regulations governing such alteration at that time.
    (c) Recreation.--The Secretary of the Interior, acting through the 
National Park Service, shall continue to operate the Lake Meredith 
National Recreation Area at Lake Meredith.
    (d) Flood Control.--The Secretary of the Army, acting through the 
Corps of Engineers, shall continue to prescribe regulations for the use 
of storage allocated to flood control at Lake Meredith as prescribed in 
the Letter of Understanding entered into between the Corps, the Bureau 
of Reclamation, and the Authority in March and May 1980.
    (e) Sanford Dam Property.--The Authority shall have the right to 
occupy and use without payment of lease or rental charges or license or 
use fees the property retained by the Bureau of Reclamation at Sanford 
Dam and all buildings constructed by the United States thereon for use 
as the Authority's headquarters and maintenance facility. Buildings 
constructed by the Authority on such property, or past and future 
additions to Government constructed buildings, shall be allowed to 
remain on the property. The Authority shall operate and maintain such 
property and facilities without cost to the United States.

SEC. 605. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) Payment Obligations Extinguished.--Provision of consideration 
by the Authority in accordance with section 603(a) shall extinguish all 
payment obligations under contract numbered 14-06-500-485 between the 
Authority and the Secretary.
    (b) Operation and Maintenance Costs.--After completion of the 
conveyance provided for in section 603, the Authority shall have full 
responsibility for the cost of operation and maintenance of Sanford 
Dam, and shall continue to have full responsibility for operation and 
maintenance of the Project pipeline and related facilities.
    (c) General.--Rights and obligations under the existing contract 
No. 14-06-500-485 between the Authority and the United States, other 
than provisions regarding repayment of construction charge obligation 
by the Authority and provisions relating to the Project aqueduct, shall 
remain in full force and effect for the remaining term of the contract.

SEC. 606. RELATIONSHIP TO OTHER LAWS.

    Upon conveyance of the Project under this title, the Reclamation 
Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or 
supplemental thereto shall not apply to the Project.

SEC. 607. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the United States shall not 
be liable under any law for damages of any kind arising out of any act, 
omission, or occurrence relating to the conveyed property.

         TITLE VII--CLEAR CREEK DISTRIBUTION SYSTEM, CALIFORNIA

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Clear Creek Distribution System 
Conveyance Act''.

SEC. 702. DEFINITIONS.

    For purposes of this title:
            (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) Distribution system.--The term ``Distribution System'' 
        means all the right title and interest in and to the Clear 
        Creek distribution system as defined in the agreement 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'' (Agreement No. 8-07-20-L6975).

SEC. 703. CONVEYANCE OF PROJECT.

    (a) In General.--In consideration of the District accepting the 
obligations of the Federal Government for the Distribution System and 
subject to the completion of payments by the District required under 
subsection (b)(3), the Secretary shall convey the Distribution System 
to the District.
    (b) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance expeditiously, but not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the Secretary 
        fails to complete the conveyance under this title before the 
        applicable deadline under paragraph (1) or (2), the full cost 
        of administrative action and environmental compliance for the 
        conveyance shall be borne by the Secretary. If the Secretary 
        completes the conveyance before that deadline, \1/2\ of such 
        cost shall be paid by the District.

SEC. 704. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Distribution System from its current use and operation.
    (b) Future Alterations.--If the District alters the operations or 
uses of the Distribution System it shall comply with all applicable 
laws or regulations governing such changes at that time (subject to 
section 705).

SEC. 705. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

    (a) Native American Trust Responsibility.--The Secretary shall 
ensure that any trust responsibilities to any Native American Tribes 
that may be affected by the conveyance under this title are protected 
and fulfilled.
    (b) Contract Obligations.--Conveyance of the Distribution System 
under this title--
            (1) 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; and
            (2) shall not deprive the District of any existing 
        contractual or statutory entitlement to subsequent interim 
        renewals of such contract or to renewal by entering into a 
        long-term water service contract.

SEC. 706. LIABILITY.

    Effective on the date of conveyance of the Distribution System 
under this title, the United States shall not be liable under any law 
for damages of any kind arising out of any act, omission, or occurrence 
based on its prior ownership or operation of the conveyed property.

                TITLE VIII--PINE RIVER PROJECT, COLORADO

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Vallecito Dam and Reservoir 
Conveyance Act''.

SEC. 802. DEFINITIONS.

    For purposes of this title:
            (1) The term ``District'' means the Pine River Irrigation 
        District, a political division of the State of Colorado duly 
        organized, existing, and acting pursuant to the laws thereof 
        with its principal place of business in the City of Bayfield, 
        La Plata County, Colorado.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term the ``Project'' means Vallecito Dam and 
        Reservoir, and associated interests, owned by the United States 
        and authorized in 1937 under the provisions of the Department 
        of the Interior Appropriation Act of June 25, 1910 (36 Stat. 
        835).
            (4) The term ``Repayment Contract'' means Repayment 
        Contract #I1r-1204, between Reclamation and the Pine River 
        Irrigation District, dated April 15, 1940, and amended November 
        30, 1953, all amendments thereto, and changes pursuant to the 
        Act of July 27, 1954 (68 Stat. 534).
            (5) The term ``Tribe'' means the Southern Ute Indian Tribe, 
        a federally recognized Indian tribe located on the Southern Ute 
        Indian Reservation, La Plata County, Colorado.
            (6) The term ``Jurisdictional Map'' means the map entitled 
        ``Transfer of Jurisdiction--Vallecito Reservoir, United States 
        Department of Agriculture, Forest Service and United States 
        Department of the Interior, Bureau of Reclamation and the 
        Bureau of Indian Affairs'' dated March, 1998.

SEC. 803. CONVEYANCE OF PROJECT.

    (a) Conveyance to District.--
            (1) In general.--In consideration of the District accepting 
        the obligations of the Federal Government for the Project and 
        subject to the completion of payments by the District required 
        under subsection (b)(3) and occurrence of the events described 
        in paragraphs (2) and (3) of this subsection, the Secretary 
        shall convey an undivided \5/6\ interest in the Project to the 
        District.
            (2) Submission of management plan.--Prior to any conveyance 
        under paragraph (1), the District shall submit to the Secretary 
        a plan to manage the Project in a manner substantially similar 
        to the manner in which it was managed prior to the transfer and 
        in accordance with applicable Federal and State laws, including 
        provisions--
                    (A) protecting the interests in the Project held by 
                the Bureau of Indian Affairs for the Tribe;
                    (B) preserving public access and recreational 
                values and preventing growth on certain lands to be 
                conveyed hereunder, as set forth in an Agreement dated 
                March 20, 1998, between the District and residents of 
                Vallecito Reservoir; and
                    (C) ensuring that any future change in the use of 
                the water supplied by Vallecito Reservoir shall comply 
                with applicable law.
            (3) Limitation.--No interest in the Project shall convey 
        under this subsection before the date on which the Secretary 
        receives a copy of a resolution adopted by the Tribe declaring 
        that the terms of the conveyance protects the Indian trust 
        assets of the Tribe.
    (b) Deadline.--
            (1) In general.--If no changes in Project operations are 
        expected following the conveyance under subsection (a), the 
        Secretary shall complete the conveyance under subsection (a) 
        expeditiously, but not later than 180 days after the date of 
        the enactment of this Act.
            (2) Deadline if changes in operations intended.--If the 
        District intends to change Project operations as a result of 
        the conveyance under subsection (a), the Secretary--
                    (A) shall take into account those potential changes 
                for the purpose of completing any required 
                environmental evaluation associated with the 
                conveyance; and
                    (B) shall complete the conveyance by not later than 
                2 years after the date of the enactment of this Act.
            (3) Administrative costs of conveyance.--If the District 
        submits a plan in accordance with subsection (a)(2) and the 
        Secretary receives a copy of a resolution described in 
        subsection (a)(3), and the Secretary fails to complete the 
        conveyance under subsection (a) before the applicable deadline 
        under paragraph (1) or (2), the full cost of administrative 
        action and environmental compliance for the conveyance shall be 
        borne by the Secretary. If the Secretary completes the 
        conveyance before that deadline, \1/2\ of such cost shall be 
        paid by the District.
    (c) Tribal Interests.--At the option of the Tribe, the Secretary 
shall convey to the Tribe an undivided \1/6\ interest in the Project, 
all interests in lands over which the Bureau of Indian Affairs holds 
administrative jurisdiction under section 804(e)(1)(A), and water 
rights associated with those interests. No consideration or 
compensation shall be required to be paid to the United States for such 
conveyance.
    (d) Restriction on Partition.--Any conveyance of interests in lands 
under this title shall be subject to the prohibition that those 
interests in those lands may not be partitioned. Any quit claim deed or 
patent evidencing such a conveyance shall expressly prohibit 
partitioning.

SEC. 804. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this title shall be construed as 
significantly expanding or otherwise changing the use or operation of 
the Project from its current use and operation.
    (b) Description of Existing Condition.--The Secretary shall submit 
to the District, the Bureau of Indian Affairs, and the State of 
Colorado a description of the existing condition of Vallecito Dam based 
on Bureau of Reclamation's current knowledge and understanding.
    (c) Future Alterations.--If the District alters the operations or 
uses of the Project it shall comply with all applicable laws or 
regulations governing such changes at that time.
    (d) Flood Control Plan.--The District shall work with Corps of 
Engineers to develop a flood control plan for the operation of 
Vallecito Dam for flood control purposes.
    (e) Jurisdictional Transfer of Lands.--
            (1) Inundated lands.--To provide for the consolidation of 
        lands associated with the Project to be retained by the Forest 
        Service and the consolidation of lands to be transferred to the 
        District, the administrative jurisdiction of lands inundated by 
        and along the shoreline of Vallecito Reservoir, as shown on the 
        Jurisdictional Map, shall be transferred, as set forth in this 
        subsection, concurrently with any conveyance under section 803. 
        Except as otherwise shown on the Jurisdictional Map--
                    (A) for withdrawn lands (approximately 260 acres) 
                lying below the 7,665-foot reservoir water surface 
                elevation level, the Forest Service shall transfer an 
                undivided \5/6\ interest to the Bureau of Reclamation 
                and an undivided \1/6\ interest to the Bureau of Indian 
                Affairs in trust for the Tribe; and
                    (B) for Project acquired lands (approximately 230 
                acres) above the 7,665-foot reservoir water surface 
                elevation level, the Bureau of Reclamation and the 
                Bureau of Indian Affairs shall transfer their interests 
                to the Forest Service.
            (2) Map.--The Jurisdictional Map and legal descriptions of 
        the lands transferred pursuant to paragraph (1) shall be on 
        file and available for public inspection in the offices of the 
        Chief of the Forest Service, the Commissioner of Reclamation, 
        appropriate field offices of those agencies, and the Committee 
        on Resources of the House of Representatives and the Committee 
        on Energy and Natural Resources of the Senate.
            (3) Administration.--Following the transfer of 
        administrative jurisdiction under paragraph (1):
                    (A) All lands that, by reason of the transfer of 
                administrative jurisdiction under paragraph (1), become 
                National Forest System lands within the boundaries of 
                the San Juan National Forest, shall be administered in 
                accordance with the laws, rules, and regulations 
                applicable to the National Forest System.
                    (B) Bureau of Reclamation withdrawals of land from 
                the San Juan National Forest established by Secretarial 
                Orders on November 9, 1936, October 14, 1937, and June 
                20, 1945, together designated as Serial No. C-28259, 
                shall be revoked.
                    (C) The Forest Service shall issue perpetual 
                easements to the District and the Bureau of Indian 
                Affairs, at no cost to the District or the Bureau of 
                Indian Affairs, providing adequate access across all 
                lands subject to Forest Service jurisdiction to insure 
                the District and the Bureau of Indian Affairs the 
                ability to continue to operate and maintain the 
                Project.
                    (D) The undivided \5/6\ interest in National Forest 
                System lands that, by reason of the transfer of 
                administrative jurisdiction under paragraph (1) is to 
                be administered by Bureau of Reclamation, shall be 
                conveyed to the District pursuant to section 803.
                    (E) The District and the Bureau of Indian Affairs 
                shall issue perpetual easements to the Forest Service, 
                at no cost to the Forest Service, from National Forest 
                System lands to Vallecito Reservoir to assure continued 
                public access to Vallecito Reservoir when the Reservoir 
                level drops below the 7,665-foot water surface 
                elevation.
                    (F) The District and the Bureau of Indian Affairs 
                shall issue a perpetual easement to the Forest Service, 
                at no cost to the Forest Service, for the 
                reconstruction, maintenance, and operation of a road 
                from La Plata County Road No. 501 to National Forest 
                System lands east of the Reservoir.
            (4) Valid existing rights.--Nothing in this subsection 
        shall affect any valid existing rights or interests in any 
        existing land use authorization, except that any such land use 
        authorization shall be administered by the agency having 
        jurisdiction over the land after the transfer of administrative 
        jurisdiction under paragraph (1) in accordance with paragraph 
        (3) and other applicable law. Renewal or reissuance of any such 
        authorization shall be in accordance with applicable law and 
        the regulations of the agency having jurisdiction, except that 
        the change of administrative jurisdiction shall not in itself 
        constitute a ground to deny the renewal or reissuance of any 
        such authorization.
    (f) Federal Dam Charge.--Nothing in this title shall relieve the 
holder of the Federal Energy Regulatory Commission license for 
Vallecito Dam in effect on the date of the enactment of this Act from 
the obligation to make payments under section 10(e)(2) of the Federal 
Power Act during the term of the license.

SEC. 805. RELATIONSHIP TO OTHER LAWS.

    Upon conveyance of the Project under this title, the Reclamation 
Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or 
supplemental thereto shall not apply to the Project.

SEC. 806. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of the Project under this title, the liability of the United 
States under any law for damages of any kind arising out of any act, 
omission, or occurrence based on its prior ownership or operation of 
property in which an interest is conveyed by the United States pursuant 
to this title shall be limited to the portion of the total damages that 
bears the same proportion to the total damages as the interest in the 
property retained by the United States bears to the total interest in 
the property.