[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 538

To authorize the Secretary of the Interior to convey certain facilities 
  of the Minidoka project to the Burley Irrigation District, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 1997

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

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to convey certain facilities 
  of the Minidoka project to the Burley Irrigation District, and for 
                            other purposes.

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

SECTION 1. CONVEYANCE OF FACILITIES.

    (a) Definitions.--In this section:
            (1) Burley.--The term ``Burley'' means the Burley 
        Irrigation District, an irrigation district organized under the 
        law of the State of Idaho.
            (2) Division.--The term ``Division'' means the Southside 
        Pumping Division of the Minidoka project, Idaho.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Conveyance.--
            (1) In general.--The Secretary shall, without consideration 
        or compensation except as provided in this section, convey to 
        Burley, by quitclaim deed or patent, all right, title, and 
        interest of the United States in and to the withdrawn and 
        acquired lands, easements, and rights-of-way of or in 
        connection with the Division, together with the pumping plants, 
        canals, drains, laterals, roads, pumps, checks, headgates, 
        transformers, pumping plant substations, buildings, 
        transmission lines, and other improvements or appurtenances to 
        the land or used for the delivery of water from the headworks 
        of the Southside Canal at the Minidoka Dam and reservoir to 
        land in Burley, including all facilities used in conjunction 
        with the Division (including the electric transmission lines 
        used to transmit electric power for the operation of the 
        pumping facilities of the Division and related purposes for 
        which the allocable construction costs have been fully repaid 
        by Burley).
            (2) Costs.--The first $80,000 in administrative costs of 
        transfer of title and related activities shall be paid in equal 
        shares by the United States and Burley, and any additional 
        amount of administrative costs shall be paid by the United 
        States.
    (c) Water Rights.--
            (1) Transfer.--The Secretary shall transfer to Burley, 
        through an agreement among Burley, 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 for the benefit of, and for use on land 
        within, the Burley Irrigation District.
            (2) Allocation of storage space.--The allocation to Burley 
        of storage space in Minidoka Reservoir, American Falls 
        Reservoir, and Palisades Reservoir, in accordance with Burley 
        Contract Nos. 14-06-100-2455 and 14-06-W-48 is affirmed, 
        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.
    (d) Project Reserved Power.--
            (1) In general.--The Secretary shall continue to provide 
        Burley with a permanent right to project reserved power from 
        the Minidoka Reclamation Power Plant, Palisades Reclamation 
        Power Plant, Black Canyon Reclamation Power Plant, and Anderson 
        Ranch Reclamation Power Plant at the cost of production and 
        delivery to Burley in accordance with understandings and 
        commitments made by the Secretary in acquiring the plants, the 
        reclamation laws, and contracts for electric power in existence 
        of the date of enactment of this Act.
            (2) Right of first refusal.--If the United States decides 
        to transfer out of Federal ownership title to the Minidoka 
        Power Plant or Dam, the Secretary shall grant to entities 
        entitled to storage water in Lake Walcott (the reservoir 
        created by Minidoka Dam) under spaceholder contracts with the 
        United States a right of first refusal to acquire the power 
        plant or dam and related facilities at such reasonable cost and 
        subject to such terms and conditions as may be agreed on by the 
        spaceholders and the Secretary.
    (e) Right of Joint Use.--Burley shall continue to recognize the 
right of Minidoka Irrigation District to the joint use of the gravity 
portion of the Southside Canal being transferred to Burley, subject to 
compliance by the Minidoka Irrigation District with the terms and 
conditions of a contract between Burley and Minidoka Irrigation 
District, and any amendments or changes made by agreement of the 
irrigation districts.
    (f) Liability.--
            (1) In general.--Effective on the date of conveyance of the 
        lands, easements, and rights-of-way under subsection (b), 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 lands, easements, and right-of-way, 
        except for damage caused by an act of negligence or other 
        tortious conduct committed by the United States or by its 
        employees, agents, or contractors of the United States before 
        the conveyance.
            (2) No increase in liability.--Paragraph (1) does not 
        increase the liability of the United States beyond that 
        currently provided in chapter 171 of title 28, United States 
        Code (commonly known as the ``Federal Tort Claims Act'').
    (f) Completion of Conveyance.--
            (1) In general.--The Secretary shall complete the 
        conveyance under subsection (b) (including such action as may 
        be required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.)) not later than 2 years after the date 
        of enactment of this Act.
            (2) Default.--If the conveyance is not completed by January 
        1, 2000, through no fault of Burley--
                    (A) the right, title, and interest of the United 
                States described in subsection (b)(1) are conveyed to 
                Burley on that date by operation of law; and
                    (B) the Secretary shall provide evidence of the 
                conveyance at the request of Burley.
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