[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 736 Reported in Senate (RS)]

                                                       Calendar No. 612
105th CONGRESS
  2d Session
                                 S. 736

  To convey certain real property within the Carlsbad Project in New 
              Mexico to the Carlsbad Irrigation District.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 1997

 Mr. Domenici introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           September 25, 1998

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To convey certain real property within the Carlsbad Project in New 
              Mexico to the Carlsbad Irrigation District.

    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 ``Carlsbad Irrigation Project 
Acquired Land Transfer Act''.</DELETED>

<DELETED>SEC. 2. CONVEYANCE.</DELETED>

<DELETED>    (a) Lands and Facilities.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), and subject to the conditions set forth in subsection (c) 
        and section 2(b), the Secretary of the Interior (in this Act 
        referred to as the ``Secretary'') is hereby authorized to 
        convey all right, title, and interest of the United States in 
        and to the lands described in subsection (b) (in this Act 
        referred to as the ``acquired lands'') in addition to all 
        interests the United States holds in the irrigation and 
        drainage system of the Carlsbad Project and all related lands 
        including ditch rider houses, maintenance shop and buildings, 
        and Pecos River Flume to the Carlsbad Irrigation District (a 
        quasi-municipal corporation formed under the laws of the State 
        of New Mexico and in this Act referred to as the 
        ``District'').</DELETED>
        <DELETED>    (2) Limitations.--</DELETED>
                <DELETED>    (A) The Secretary shall retain title to 
                the surface estate of such acquired lands which are 
                located under the footprint of Brantley and Avalon dams 
                or any other project dam or reservoir diversion 
                structure.</DELETED>
                <DELETED>    (B) The Secretary shall retain storage and 
                flow easements for any tracts located under the maximum 
                spillway elevations of Avalon and Brantley 
                Reservoirs.</DELETED>
<DELETED>    (b) Acquired Lands Described.--The lands referred to in 
subsection (a) are those lands (including the surface 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.</DELETED>
<DELETED>    (c) Terms and Conditions of Conveyance.--Any conveyance of 
the acquired lands under this Act shall be subject to the following 
terms and conditions:</DELETED>
        <DELETED>    (1) The conveyed lands shall continue to be 
        managed and used by the District for the purposes for which the 
        Carlsbad Project was authorized, consistent with existing 
        management of such lands and other adjacent project 
        lands.</DELETED>
        <DELETED>    (2) Except as provided in paragraph (3), the 
        District shall assume all rights and obligations of the United 
        States under--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) 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.</DELETED>
        <DELETED>    (3) Exceptions.--In relation to agreements 
        referred to in paragraph (2)--</DELETED>
                <DELETED>    (A) the District shall not be obligated 
                for any financial support agreed to by the Secretary, 
                or the Secretary's designee, in either agreement; 
                and</DELETED>
                <DELETED>    (B) the District shall not be entitled to 
                any receipts or revenues generated as a result of 
                either agreement.</DELETED>
<DELETED>    (d) Sense of the Congress.--It is the sense of the 
Congress that the Secretary should complete the conveyance authorized 
by this Act, including such action as may be required under the 
National Environmental Policy Act of 1969 (42 U.S.C. et seq.) within 9 
months of the date of enactment of this Act.</DELETED>
<DELETED>    (e) Report to Congress.--If the conveyance authorized by 
this Act is not completed by the Secretary within 9 months of the date 
of enactment of this Act, the Secretary shall prepare a report to the 
Congress which shall include a detailed explanation of problems that 
have been encountered in completion of the conveyance, and specific 
steps that the Secretary has taken or will take to complete the 
conveyance. The Secretary's report shall be transmitted to the 
Committee on Resources of the House of Representatives, and to the 
Committee on Energy and Natural Resources of the Senate within 30 days 
after the expiration of such 9 month period.</DELETED>

<DELETED>SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE 
              ACQUIRED LANDS.</DELETED>

<DELETED>    (a) Identification and Notification of Leaseholders.--
Within 120 days after the date of enactment of this Act, the Secretary 
of the Interior shall provide to the District a written identification 
of all mineral and grazing leases in effect on the acquired lands on 
the date of enactment of this Act, and the Secretary of the Interior 
shall notify all leaseholders of the conveyance authorized by this 
Act.</DELETED>
<DELETED>    (b) Management of Mineral and Grazing 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 acquired lands conveyed under section 2, and 
shall be entitled to any receipts from such leases, licenses and 
permits accruing after the date of conveyance: Provided, That all such 
receipts shall be used for purposes for which the project was 
authorized. The District shall continue to adhere to the current Bureau 
of Reclamation mineral leasing stipulations for the Carlsbad Project: 
Provided further, That all future mineral leases from acquired lands 
within a one mile radius of Brantley and Avalon dams shall be subject 
to the approval of the Secretary prior to consummation of the 
lease.</DELETED>
<DELETED>    (c) Availability of Amounts Paid Into Reclamation Fund.--
Receipts paid into the reclamation fund 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) as amended shall be made 
available to the District as credits towards its ongoing operation and 
maintenance obligation to the United States until such credits are 
depleted: Provided, That immediately following the enactment of this 
Act, such receipts collected by the Minerals Management Service, not to 
exceed $200,000, shall be made available to the Secretary for the 
purpose of offsetting the actual cost of implementing this Act: 
Provided further, That any receipts collected by the Minerals 
Management Service, prior to the actual date of conveyance, which are 
in excess of $200,000 shall be deposited into the reclamation fund and 
added to existing construction credits to the Carlsbad 
Project.</DELETED>

<DELETED>SEC. 4. WATER CONSERVATION PRACTICES.</DELETED>

<DELETED>    The Secretary, in cooperation with the District, is hereby 
authorized to expend not to exceed $100,000 annually, from amounts 
appropriated for operation and maintenance within the Bureau of 
Reclamation, for the purposes of implementing water conservation 
practices at the Carlsbad Irrigation Project, including but not limited 
to phreatophyte control: Provided, That matching funds shall be 
provided by the District in direct proportion to the amount of project 
lands held by the District in relation to withdrawn or other project 
lands held by the United States: Provided further, That nothing in this 
Act shall be construed to limit the ability of the District to 
voluntarily implement water conservation practices.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. CONVEYANCE.

    (a) Lands and Facilities.--
            (1) In general.--Except as provided in paragraph (2), and 
        subject to subsection (c), the Secretary of the Interior (in 
        this Act referred to as the ``Secretary'') may convey to the 
        Carlsbad Irrigation District (a quasi-municipal corporation 
        formed under the laws of the State of New Mexico and in this 
        Act referred to as the ``District''), all right, title, and 
        interest of the United States in and to the lands described in 
        subsection (b) (in this Act referred to as the ``acquired 
        lands'') and all interests the United States holds in the 
        irrigation and drainage system of the Carlsbad Project and all 
        related lands including ditch rider houses, maintenance shop 
        and buildings, and Pecos River Flume.
            (2) Limitation.--
                    (A) Retained surface rights.--The Secretary shall 
                retain title to the surface estate (but not the mineral 
                estate) of such acquired lands which are located under 
                the footprint of Brantley and Avalon dams or any other 
                project dam or reservoir division structure.
                    (B) Storage and flow easement.--The Secretary shall 
                retain storage and flow easements for any tracts 
                located under the maximum spillway elevations of Avalon 
                and Brantley Reservoirs.
    (b) Acquired Lands Described.--The lands referred to in subsection 
(a) are those lands (including the surface and mineral estate) in Eddy 
County, New Mexico, described as the acquired lands and in section (7) 
of the ``Status of Lands and Title Report: Carlsbad Project'' as 
reported by the Bureau of Reclamation in 1978.
    (c) Terms and Conditions of Conveyance.--Any conveyance of the 
acquired lands under this Act shall be subject to the following terms 
and conditions:
            (1) Management and use, generally.--The conveyed lands 
        shall continue to be managed and used by the District for the 
        purposes for which the Carlsbad Project was authorized, based 
        on historic operations and consistent with the management of 
        other adjacent project lands.
            (2) Assumed rights and obligations.--Except as provided in 
        paragraph (3), the District shall assume all rights and 
        obligations of the United States under--
                    (A) 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
                    (B) 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.
            (3) Exceptions.--In relation to agreements referred to in 
        paragraph (2)--
                    (A) the District shall not be obligated for any 
                financial support agreed to by the Secretary, or the 
                Secretary's designee, in either agreement; and
                    (B) the District shall not be entitled to any 
                receipts for revenues generated as a result of either 
                agreement.
    (d) Completion of Conveyance.--If the Secretary does not complete 
the conveyance within 180 days from the date of enactment of this Act, 
the Secretary shall submit a report to the Congress within 30 days 
after that period that includes a detailed explanation of problems that 
have been encountered in completing the conveyance, and specific steps 
that the Secretary has taken or will take to complete the conveyance.

SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED 
              LANDS.

    (a) Identification and Notification of Leaseholders.--Within 120 
days after the date of enactment of this Act, the Secretary of the 
Interior shall--
            (1) provide to the District a written identification of all 
        mineral and grazing leases in effect on the acquired lands on 
        the date of enactment of this Act; and
            (2) notify all leaseholders of the conveyance authorized by 
        this Act.
    (b) Management of Mineral and Grazing 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 acquired lands conveyed under section 2, 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 of the Summer Dam 
which, prior to conveyance, was the responsibility of the Bureau of 
Reclamation, with the exception of major maintenance programs in 
progress prior to conveyance which shall be funded through the cost 
share formulas in place at the time of conveyance. The District shall 
continue to adhere to the current Bureau of Reclamation mineral leasing 
stipulations for the Carlsbad Project.
    (c) Availability of Amounts Paid Into Reclamation Fund.--
            (1) Existing receipts.--Receipts 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 in the General Treasury and credited to deficit 
        reduction or retirement of the Federal debt.
            (2) Receipts after enactment.--Of the receipts from mineral 
        and grazing leases, licenses, and permits on acquired lands to 
        be conveyed under section 2, that are received by the United 
        States after the date of enactment and before the date of 
        conveyance--
                    (A) not to exceed $200,000 shall be available to 
                the Secretary for the actual costs of implementing this 
                Act with any additional costs shared equally between 
                the Secretary and the District; and
                    (B) the remainder shall be deposited into the 
                General Treasury of the United States and credited to 
                deficit reduction or retirement of the Federal debt.

SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.

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

SEC. 5. LIABILITY.

    Effective on the date of conveyance of any lands and facilities 
authorized by this Act, 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 property, except for damages caused 
by acts of negligence committed by the United States or by its 
employees, agents, or contractors, prior to conveyance. Nothing in this 
section shall be considered to increase the liability of the United 
States beyond that provided under chapter 171 of title 28, United 
States Code, popularly known as the Federal Tort Claims Act.

SEC. 6. FUTURE BENEFITS.

    Effective upon transfer, the lands and facilities transferred 
pursuant to this Act shall not be entitled to receive any further 
Reclamation benefits pursuant to the Reclamation Act of June 17, 1902, 
and Acts supplementary thereof or amendatory thereto attributable to 
their status as part of a Reclamation Project.




                                                       Calendar No. 612

105th CONGRESS

  2d Session

                                 S. 736

_______________________________________________________________________

                                 A BILL

  To convey certain real property within the Carlsbad Project in New 
              Mexico to the Carlsbad Irrigation District.

_______________________________________________________________________

                           September 25, 1998

                       Reported with an amendment