[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2087 Reported in Senate (RS)]






                                                       Calendar No. 526
105th CONGRESS
  2d Session
                                S. 2087

                          [Report No. 105-289]

  To authorize the Secretary of the Interior to convey certain works, 
facilities, and titles of the Gila Project, and designated lands within 
 or adjacent to the Gila Project, to the Wellton-Mohawk Irrigation and 
               Drainage District, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 1998

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            August 25, 1998

 Reported under authority of the order of the Senate of July 31, 1998, 
                  by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of the Interior to convey certain works, 
facilities, and titles of the Gila Project, and designated lands within 
 or adjacent to the Gila Project, to the Wellton-Mohawk Irrigation and 
               Drainage District, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wellton-Mohawk Title 
Transfer Act of 1998''.</DELETED>

<DELETED>SEC. 2. CONVEYANCE OF TITLE TO WORKS, FACILITIES AND 
              LANDS.</DELETED>

<DELETED>    (a) Definitions.--</DELETED>
        <DELETED>    (1) Memorandum of agreement.--The term 
        ``Memorandum of Agreement'' means the agreement between the 
        Secretary and Wellton-Mohawk, relating to the transfer, dated 
        on or before July 1, 1998.</DELETED>
        <DELETED>    (2) Reclamation.--The term ``Reclamation'' means 
        the Department of the Interior, Bureau of 
        Reclamation.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) Wellton-mohawk.--The term ``Wellton-Mohawk'' 
        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.</DELETED>
        <DELETED>    (5) Western.--The term ``Western'' means the 
        Department of Energy, Western Area Power 
        Administration.</DELETED>
<DELETED>    (b) Implementation.--The Secretary shall carry out the 
provisions of the Memorandum of Agreement. If transfer has not occurred 
by the date set forth in the Memorandum of Agreement, but review under 
the National Environmental Policy Act has been completed and fair 
market value has been established, then upon tender of fair market 
value to the Secretary by Wellton-Mohawk, all right, title, and 
interest of the United States in and to the works, facilities, and 
lands described in the Memorandum of Agreement shall transfer to and 
vest in Wellton-Mohawk by operation of law. The Secretary shall provide 
such evidence of title as may be requested by Wellton-Mohawk. In the 
event that no Memorandum of Agreement is agreed to by July 1, 1998, 
this Act shall be considered null and void.</DELETED>
<DELETED>    (c) Water and Power Delivery.--Notwithstanding the 
transfer of title to works, facilities, and lands, the Secretary is 
authorized and shall continue to deliver to Wellton-Mohawk in 
accordance with the terms of the Amendatory and Supplemental 
Consolidated Contract with Wellton-Mohawk Irrigation and Drainage 
District for Delivery of Water, Construction of Works, Repayment, and 
Project Power Supply (Reclamation's Contract Number 1-07-30-W0021 
Amendment No. 1) including any renewals, amendments, supplements, or 
extensions thereof. Notwithstanding the transfer of title to works, 
facilities, and lands, the Secretary and Western are authorized and 
shall continue to provide Wellton-Mohawk with project reserved power 
from the Parker Reclamation Power Plant and Davis Reclamation Power 
Plant, in accordance with the terms of the Consolidated Contract and 
the Power Management Agreement (Reclamation's and Western's contract 
Numbers 6-CU-30-P1136, 6-CU-30-P1137, and 6-CU-30-P1138) including any 
renewals, amendments, supplements, or extensions thereof.</DELETED>
<DELETED>    (d) Liability.--Effective on the date of conveyance of the 
project works, facilities and lands, the United States shall not be 
held liable by any court for damages of any kind arising out of any 
act, omission, or occurrence relating to the conveyed works, 
facilities, and lands, except for damages caused by acts of negligence 
committed by the United States or by its employees, agents, or 
contractors as provided in the Federal Tort Claims Act (28 U.S.C. 2671 
et seq.).</DELETED>
<DELETED>    (e) Agricultural Return Flows.--As a condition of 
transfer, Wellton-Mohawk shall agree that--</DELETED>
        <DELETED>    (1) the volume of agricultural return flows from 
        Wellton-Mohawk delivered to Reclamation's Main Outlet Drain at 
        Station 0+00 shall comply with applicable law and contracts and 
        shall not exceed 175,000 annual acre feet; and</DELETED>
        <DELETED>    (2) Wellton-Mohawk and Reclamation shall work 
        cooperatively to attempt to limit return flows to the design 
        capacity of the Yuma Desalinization Plant.</DELETED>
<DELETED>    (f) Report.--The Secretary shall provide a report to the 
Committee on Resources of the United States House of Representatives 
and to the Committee on Energy and Natural Resources of the United 
States Senate within eighteen months from the date of enactment of this 
Act on the status of the transfer, any obstacles to completion of the 
transfer as provided in this Act, and the anticipated date for such 
transfer.</DELETED>
<DELETED>    (g) Authorization.--There are authorized to be 
appropriated such sums as necessary for the purposes of this 
Act.</DELETED>

SECTION 1. SHORT TITLE

    This Act may be referred to as the ``Wellton-Mohawk Transfer Act''.

SEC. 2. TRANSFER

    The Secretary of the Interior (``Secretary'') is authorized to 
carry out the terms of the Memorandum of Agreement No. 8-AA-34-WAO14 
(``Agreement'') dated July 10, 1998 between the Secretary and the 
Wellton-Mohawk Irrigation and Drainage District (``District'') 
providing for the transfer of works, facilities, and lands to the 
District, including conveyance of Acquired Lands, Public Lands, and 
Withdrawn Lands, as defined in the Agreement.

SEC. 3. WATER AND POWER CONTRACTS

    Notwithstanding the transfer, 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 
or supplements thereto or extensions thereof and as provided under 
section 2 of the Agreement.

SEC. 4. SAVINGS

    Nothing in this Act shall affect any obligations under the Colorado 
River Basin Salinity Control Act (Public Law 93-320, 43 U.S.C. 1571).

SEC. 5. REPORT

    If transfer of works, facilities, and lands pursuant to the 
Agreement has not occurred by July 1, 2000, the Secretary shall report 
on the status of the transfer as provided in section 5 of the 
Agreement.

SEC. 6. AUTHORIZATION

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.
                                     

                                                       Calendar No. 526

105th CONGRESS

  2d Session

                                S. 2087

                          [Report No. 105-289]

_______________________________________________________________________

                                 A BILL

  To authorize the Secretary of the Interior to convey certain works, 
facilities, and titles of the Gila Project, and designated lands within 
 or adjacent to the Gila Project, to the Wellton-Mohawk Irrigation and 
               Drainage District, and for other purposes.

_______________________________________________________________________

                            August 25, 1998

                       Reported with an amendment