[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 291 Enrolled Bill (ENR)]

        S.291

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
   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,

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.