[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 402 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 402

To approve a settlement agreement between the Bureau of Reclamation and 
               the Oroville-Tonasket Irrigation District.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 1997

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

_______________________________________________________________________

                                 A BILL


 
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. 0-07-10-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 easement 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 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 operation and maintenance of the Wildlife 
        Mitigation Facilities at its own expense in accordance with the 
        Settlement Agreement.
    (b) Responsibilities of the 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. 1325) that the Secretary of the 
Interior has determined to be beyond the ability of 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).

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 
        Procedures 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 the transfer of title to the 
district under this section, 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 Acts supplementary thereto or 
amendatory thereof.
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