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





                                                       Calendar No. 246

105th CONGRESS

  1st Session

                                 S. 538

                          [Report No. 105-131]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            November 3, 1997

                       Reported with an amendment





                                                       Calendar No. 246
105th CONGRESS
  1st Session
                                 S. 538

                          [Report No. 105-131]

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

                            November 3, 1997

              Reported 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 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,

<DELETED>SECTION 1. CONVEYANCE OF FACILITIES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Burley.--The term ``Burley'' means the Burley 
        Irrigation District, an irrigation district organized under the 
        law of the State of Idaho.</DELETED>
        <DELETED>    (2) Division.--The term ``Division'' means the 
        Southside Pumping Division of the Minidoka project, 
        Idaho.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
<DELETED>    (b) Conveyance.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Water Rights.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Project Reserved Power.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Liability.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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'').</DELETED>
<DELETED>    (f) Completion of Conveyance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Default.--If the conveyance is not completed 
        by January 1, 2000, through no fault of Burley--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the Secretary shall provide evidence 
                of the conveyance at the request of Burley.</DELETED>

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 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 (but not the headworks 
        themselves) 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 as described in the 
        contracts between Burley and the United States including the 
        provisions on use of any waste, seepage, and return flow set 
        forth in such contracts: Provided, That such transfer shall not 
        impair the integrated operation of the Minidoka project, affect 
        any other adjudicated rights, or result in any adverse impact 
        on any other project water user.
            (2) Allocation of storage space.--The Secretary shall 
        provide an allocation to Burley 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.
    (d) Project Reserved Power.--The Secretary shall continue to 
provide Burley 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.
    (e) Savings.--
            (1) Nothing in this Act 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 Burley and 
        Minidoka Irrigation District, and any amendments or changes 
        made by agreement of the irrigation districts.
            (2) Nothing in this Act shall affect the rights of any 
        person or entity except as may be specifically provided herein.
    (f) Liability.--Effective on the date of conveyance of the project 
facilities, described in section (1)(b)(1), 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 facilities, 
except for damages caused by acts of negligence committed by the United 
States or by its employees, agents, or contractors prior to the date of 
conveyance. Nothing in this section shall be deemed to increase the 
liability of the United States beyond that currently provided in the 
Federal Tort Claims Act, 28 U.S.C. 2671 et seq.
    (g) 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) 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 section, and the anticipated date for such 
        transfer.