[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1659 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1659

To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 
   the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 
            Project to the appurtenant irrigation districts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 1999

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

_______________________________________________________________________

                                 A BILL


 
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of 
   the Pick-Sloan Missouri Basin Program, and the Intake Irrigation 
            Project to the appurtenant irrigation districts.

    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 ``Lower Yellowstone Irrigation Project 
Facilities Conveyance Act of 1999''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Control board.--The term ``Control Board'' means the 
        Lower Yellowstone Irrigation Project Board of Control organized 
        under the laws of the State of Montana for the purposes of--
                    (A) managing--
                            (i) Lower Yellowstone Irrigation District 
                        No. 1; and
                            (ii) Lower Yellowstone Irrigation District 
                        No. 2; and
                    (B) operating and maintaining the facilities of the 
                Savage Unit and the Intake Project, under contract with 
                the respective irrigation districts.
            (2) Diversion dam.--The term ``diversion dam'' means the 
        Lower Yellowstone Diversion Dam, a feature of the Lower 
        Yellowstone Irrigation Project.
            (3) Intake irrigation district.--The term ``Intake 
        Irrigation District'' means the Montana Irrigation District 
        that
                    (A) is organized under the laws of the State of 
                Montana; and
                    (B) operates the Intake Project.
            (4) Intake original construction contract.--The term 
        ``Intake original construction contract'' means the repayment 
        contract between the Intake Irrigation District and the 
        Secretary, numbered Irl-1436.
            (5) Intake project.--The term ``Intake project'' means the 
        Federal irrigation feature operated by the Intake Irrigation 
        District through contract with the Control Board, located 
        adjacent to the main canal and 3 miles below the Diversion Dam, 
        serving approximately 828 irrigated acres, and authorized under 
        the terms of the Act of August 11, 1939 (53 Stat. 1418, chapter 
        717).
            (6) Irrigation district.--The term ``irrigation district'' 
        means--
                    (A) the Intake Irrigation District;
                    (B) the Lower Yellowstone Irrigation District No. 
                1;
                    (C) the Lower Yellowstone Irrigation District No. 
                2; and
                    (D) the Savage Irrigation District.
            (7) Lower yellowstone irrigation district no. 1.--The term 
        ``Lower Yellowstone Irrigation District No. 1'' means the 
        irrigation district that is organized under the laws of the 
        State of Montana and operates the part of the Lower Yellowstone 
        Irrigation Project located in the State of Montana
            (8) Lower yellowstone irrigation district no. 2.--The term 
        ``Lower Yellowstone Irrigation District No. 2'' means the 
        irrigation district organized under the laws of the State of 
        North Dakota and that operates the part of the Lower 
        Yellowstone Irrigation Project located in the State of North 
        Dakota.
            (9) Main canal.--The term ``main canal'' means the Lower 
        Yellowstone Irrigation Project main canal, a feature of the 
        Lower Yellowstone Irrigation Project that--
                    (A) serves Lower Yellowstone Irrigation District 
                No. 1, Lower Yellowstone Irrigation District No. 2, the 
                Savage Irrigation District, and the Intake Irrigation 
                District; and
                    (B) is operated and maintained by the Lower 
                Yellowstone Irrigation Project Board of Control.
            (10) Pick-sloan missouri basin program.--The term ``Pick-
        Sloan Missouri Basin Program'' means the comprehensive Federal 
        program for multipurpose benefits within the Missouri River 
        Basin (including irrigation) authorized by section 9 of the Act 
        of December 22, 1944 (commonly known as the ``Flood Control Act 
of 1944'') (58 Stat. 891, chapter 665).
            (11) Project.--The term ``project'' means--
                    (A) the Yellowstone Project;
                    (B) the Intake Irrigation Project; and
                    (C) the Savage Unit.
            (12) Savage irrigation district.--The term ``Savage 
        Irrigation District'' means the irrigation district that is 
        organized under the laws of the State of Montana that operates 
        the Savage Unit.
            (13) Savage original construction contract.--The term 
        ``Savage original construction contract'' means the repayment 
        contract between the Savage Irrigation District and the 
        Secretary, numbered Irl-1525, as extended or amended.
            (14) Savage unit.--The term ``Savage Unit'' means the 
        Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal 
        irrigation feature transferred under this Act, operated by the 
        Savage Irrigation District through contract with the Control 
        Board, located adjacent to the Main Canal and 12 miles below 
        the Diversion Dam, serving approximately 2,187 irrigated acres 
        and authorized by the Act of December 22, 1944 (commonly known 
        as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 
        665).
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (16) Yellowstone original construction contract.--The term 
        ``Yellowstone original construction contract'' means--
                    (A) the repayment contract between the Lower 
                Yellowstone Irrigation District No. 1 and the 
                Secretary, numbered Irl-103; and
                    (B) the repayment contract between the Lower 
                Yellowstone Irrigation District No. 2 and the 
                Secretary, numbered Irl-104.
            (17) Yellowstone project.--The term ``Yellowstone project'' 
        means the Lower Yellowstone Irrigation Project, operated by 
        Lower Yellowstone Irrigation District No. 1 and Lower 
        Yellowstone Irrigation District No. 2, serving approximately 
        51,429 irrigated acres, and authorized by the Act of June 17, 
        1902 (32 Stat. 388, chapter 1093).

SEC. 3. CONVEYANCE OF PROJECT.

    (a) Conveyances.--
            (1) Lower yellowstone irrigation district no. 1, lower 
        yellowstone irrigation district no. 2, and savage irrigation 
        district.--
                    (A) In general.--On acceptance by Lower Yellowstone 
                Irrigation District No. 1 and Lower Yellowstone 
                Irrigation District No. 2 and by the Intake Irrigation 
                District of the obligations of the Federal Government 
                for the Yellowstone Project and the Intake Irrigation 
                Project, respectively, the Secretary shall convey the 
                respective portions of the projects to each of the 
                irrigation districts.
                    (B) Method.--The conveyance under subparagraph 
                (A)--
                            (i) shall be by quitclaim deed or patent; 
                        and
                            (ii) shall convey--
                                    (I) all right, title, and interest 
                                in all withdrawn land except certain 
                                parcels not used for purposes of the 
                                projects;
                                    (II) all fee ownership land used 
                                for diversion dam maintenance;
                                    (III) all fee ownership land, 
                                easements, and rights-of-way in 
                                connection with the carriage, 
                                distribution, and drainage of water to 
                                serve the land of the projects; and
                                    (IV) all diversion, carriage, 
                                distribution, and drainage physical 
                                features used to serve the land of the 
                                projects.
            (2) Conveyance to savage irrigation district.--
                    (A) In general.--The Secretary shall convey the 
                Savage Unit to the Savage Irrigation District, in 
                accordance with the methods described in subsection 
                (a)(2), immediately after the conditions in 
                subparagraph (B) are satisfied.
                    (B) Conditions.--The conditions for conveyance 
                under subparagraph (A) are--
                            (i) the acceptance by the Savage Irrigation 
                        District of the obligations of the Federal 
                        Government for the Savage Unit; and
                            (ii) the payment by the Savage Irrigation 
                        District of the net present value of the 
                        remaining repayment obligation of the Savage 
                        Irrigation District under the Savage original 
                        construction contract, determined in accordance 
                        with Office of Management and Budget Circular 
                        A-129 (as in effect on the date of enactment of 
                        this Act).
            (3) Water rights.--
                    (A) In general.--The Secretary shall transfer the 
                ownership of the water rights of the projects to the 
                respective and appurtenant irrigation districts in 
                accordance with applicable laws of the State of 
                Montana.
                    (B) No alteration.--The purpose, point of 
                diversion, place of use, flow rate, and volume of each 
                water right transferred shall not be altered.
    (b) Transfer of Documents.--Patents, land deeds, court proceedings, 
water right abstracts, contracts, special use permits, licenses, 
permits, and any other documents of each project executed on behalf of 
the Secretary shall be transferred to the district of the project.
    (c) Pick-Sloan Missouri Basin Program Pumping Power.--
            (1) In general.--
                    (A) Lower yellowstone irrigation districts.--The 
                Secretary and the Western Area Power Administration 
                shall continue to provide Lower Yellowstone Irrigation 
                District No. 1 and Lower Yellowstone Irrigation 
                District No. 2 with Pick-Sloan Missouri Basin Program 
power at 3 pump stations for as long as the Yellowstone Project 
continues to operate under the Pick-Sloan Missouri Basin Program.
                    (B) Rate of delivery.--Pick-Sloan power shall be 
                delivered under subparagraph (A) at 460 volts and at a 
                collective rate not to exceed 500 kilowatts.
                    (C) Cost.--The cost to Lower Yellowstone Irrigation 
                District No. 1 and Lower Yellowstone Irrigation 
                District No. 2 of power delivered under subparagraph 
                (A) (including transmission costs) shall be based on 
                the payment ability of the irrigation districts, as 
                determined by the Secretary.
            (2) Savage irrigation district.--
                    (A) In general.--The Secretary and the Western Area 
                Power Administration shall continue to provide the 
                Savage Irrigation District with Pick-Sloan Missouri 
                Basin Program power at the Savage Pumping Plant for as 
                long as the Savage Irrigation District continues to 
                operate as intended under the Pick-Sloan Missouri Basin 
                Program.
                    (B) Rate of delivery.--Pick-Sloan power shall be 
                delivered under subparagraph (A) at 2,400 volts and at 
                a capacity rate not to exceed 650 kilowatts.
                    (C) Cost.--The cost to the Savage Irrigation 
                District of power delivered under subparagraph (A) 
                (including transmission costs) shall be based on the 
                payment ability of the Savage Irrigation District, as 
                determined by the Secretary.
            (3) Intake irrigation district.--
                    (A) In general.--The Secretary and the Western Area 
                Power Administration shall continue to provide the 
                Intake Irrigation District with Pick-Sloan Missouri 
                Basin Program power at the Intake Pumping Plant for as 
                long as the Intake Irrigation District continues to 
                operate as intended under the Pick-Sloan Missouri Basin 
                Program.
                    (B) Rate of delivery.--Pick-Sloan power shall be 
                delivered under subparagraph (A) at 460 volts and at a 
                capacity rate not to exceed 50 kilowatts.
                    (C) Cost.--The cost to the Intake Irrigation 
                District for power delivered under subparagraph (A) 
                (including transmission costs) shall be based on the 
                payment ability of the Intake Irrigation District, as 
                determined by the Secretary.
    (d) Deadline.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall complete each conveyance under this Act 
        expeditiously, but not later than 180 days after the date of 
        enactment of this Act.
            (2) Deadlines if changes in operations intended.--If an 
        irrigation district notifies the Secretary that the irrigation 
        district intends to change operations as a result of the 
        conveyance under subsection (a), the Secretary shall--
                    (A) take into account the potential changes for the 
                purpose of completing any required environmental 
                evaluation associated with the conveyance; and
                    (B) complete the conveyance not later than 2 years 
                after the date of enactment of this Act.
            (3) Administrative costs of conveyance.--
                    (A) Untimely conveyance.--If the Secretary fails to 
                complete a conveyance under this Act in accordance with 
                the applicable deadline under paragraph (1) or (2), the 
                full costs of any administrative action and 
                environmental compliance for the conveyance shall be 
                paid by the Secretary.
                    (B) Timely conveyance.--If the Secretary completes 
                a conveyance under this Act in accordance with the 
                applicable deadline under paragraph (1) or (2), the 
                costs of administrative action and environmental 
                compliance for the conveyance shall be paid--
                            (i) in an amount equal to 50 percent of the 
                        costs, by the Secretary; and
                            (ii) in an amount equal to 50 percent of 
                        the costs, by the irrigation district to which 
                        the project is conveyed.

SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

    (a) In General.--Nothing in this Act expands or otherwise changes 
the use or operation of a project from the use and operation of the 
project on the day before the date of enactment of this Act.
    (b) Future Alterations.--If an irrigation district alters the use 
or operation of a project, the irrigation district shall comply with 
all applicable laws (including regulations) governing the alteration of 
use.
    (c) Environmental Concerns.--
            (1) Fish entrainment.--The Control Board and the irrigation 
        district for each project shall continue to work cooperatively 
        with the Commissioner of Reclamation and the Fish, Wildlife and 
        Parks Department of the State of Montana--
                    (A) to complete a fish entrainment study at the 
                diversion dam; and
                    (B) if necessary, to assist in the development of a 
                method for excluding fish from the Main Canal.
            (2) Fish passage.--The Control Board and the irrigation 
        district for each project shall continue to work cooperatively 
        with the Commissioner of Reclamation and the United States Fish 
        and Wildlife Service--
                    (A) to identify any influences of the diversion dam 
                on fish passage; and
                    (B) if necessary, to assist in the development of a 
                method to improve fish passage.
    (d) Recreation Management.--Lower Yellowstone Irrigation District 
No. 1 and Lower Yellowstone Irrigation District No. 2 shall each convey 
a perpetual conservation easement to the State of Montana, at no cost 
to the State, for the purposes of protecting, preserving, and enhancing 
the conservation values and permitting recreation on Yellowstone 
Project land (including land known as ``Joe's Island''), located at the 
diversion dam.

SEC. 5. RELATIONSHIP TO CONTRACT OBLIGATIONS.

    (a) Yellowstone Original and Subsequent Construction Contracts and 
Intake Original Construction and Subsequent Contracts.--All repayment 
obligations of Lower Yellowstone Irrigation District No. 1, Lower 
Yellowstone Irrigation District No. 2, and the Intake Irrigation 
District have been fulfilled.
    (b) Savage Original and Subsequent Construction Contracts.--The 
acceptance of all obligations of the Federal Government with respect to 
the Savage Unit by the Savage Irrigation District in accordance with 
section 3(a)(2) shall extinguish all repayment contract obligations 
under the Savage original construction contract.

SEC. 6. APPLICABILITY OF OTHER LAWS.

    On conveyance of the projects under this Act, the Act of June 17, 
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.) shall not apply to the 
projects.

SEC. 7. LIABILITY.

    Except as otherwise provided by law, effective on the date of 
conveyance of a project under this Act, the United States shall not be 
liable for damages of any kind arising out of any act, omission, or 
occurrence based on prior ownership or operation by the United States 
of the project property.
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