[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 986 Reported in Senate (RS)]
Calendar No. 303
106th CONGRESS
1st Session
S. 986
[Report No. 106-173]
To direct the Secretary of the Interior to convey the Griffith Project
to the Southern Nevada Water Authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 1999
Mr. Reid (for himself and Mr. Bryan) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
October 6, 1999
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey the Griffith Project
to the Southern Nevada Water Authority.
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 ``Griffith Project Prepayment
and Conveyance Act.''</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Authority.--The term ``Authority'' means the
Southern Nevada Water Authority, organized under the laws of
the State of Nevada.</DELETED>
<DELETED> (2) Griffith project.--The term ``Griffith
Project'' means the Robert B. Griffith Water Project,
authorized by Public Law 89-292 (commonly known as the
``Southern Nevada Water Project Act'') (79 Stat. 1068),
including all pipelines, conduits, pumping plants, intake
facilities, aqueducts, laterals, water storage and regulatory
facilities, electric substations, and related works constructed
and all interests in land acquired under Public Law 89-
292.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> SEC. 3. CONVEYANCE OF GRIFFITH PROJECT.</DELETED>
<DELETED> (a) In General.--In consideration of the assumption by the
Authority from the United States of all liability for administration,
operation, and maintenance of the Griffith Project and subject to the
payment by the Authority of the net present value of the remaining
repayment obligation (as determined in accordance with Office of
Management and Budget Circular A-129, as in effect on the date of
payment and conveyance), the Secretary shall convey and assign to the
Authority all right, title, and interest of the United States in and to
the Griffith Project.</DELETED>
<DELETED> (b) Right To Use and Occupy Public Land.--On and after the
date of the conveyance under subsection (a), the Authority shall have
the right to use and occupy without charge all public land, including
withdrawn public land--</DELETED>
<DELETED> (1) on which the Griffith Project is situated;
or</DELETED>
<DELETED> (2) that is used for the purposes of the Griffith
Project as of that date.</DELETED>
<DELETED> (c) Report.--If the conveyance under subsection (a) has
not occurred by July 1, 2000, the Secretary shall submit to Congress a
report on the status of the conveyance.</DELETED>
<DELETED> (d) Administrative Costs.--</DELETED>
<DELETED> (1) In general.--If the Secretary completes the
conveyance under subsection (a) before the deadline under
subsection (c), 50 percent of the cost of administrative action
and environmental compliance for the conveyance shall be paid
by the Secretary, and 50 percent shall be paid by the
Authority.</DELETED>
<DELETED> (2) Failure to meet deadline.--If the Secretary
fails to complete the conveyance under this Act before the
deadline under subsection (c), 100 percent of the cost
described in paragraph (1) shall be paid by the
Secretary.</DELETED>
<DELETED>SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.</DELETED>
<DELETED> (a) In General.--Nothing in this Act expands or changes
the use or operation of the Griffith Project from its use and operation
as of the day before the date of enactment of this Act.</DELETED>
<DELETED> (b) Future Alterations.--If the Authority changes the use
or operation of the Griffith Project, the Authority shall comply with
all applicable laws (including regulations) governing the changes at
that time.</DELETED>
<DELETED>SEC. 5. RELATIONSHIP TO EXISTING CONTRACTS.</DELETED>
<DELETED> The Secretary and the Authority may modify Contract No. 7-
07-30-W004 as necessary to conform the contract to this Act.</DELETED>
<DELETED>SEC. 6. RELATIONSHIP TO OTHER LAWS.</DELETED>
<DELETED> On conveyance of the Griffith Project under section 3, the
Act of June 17, 1902 (43 U.S.C. 391 et seq.), and all Acts amendatory
of that Act or supplemental to that Act shall not apply to the Griffith
Project.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Griffith Project Prepayment and
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Authority'' means the Southern Nevada Water
Authority, organized under the laws of the State of Nevada.
(2) The term ``Griffith Project'' means the Robert B.
Griffith Water Project, authorized by and constructed pursuant
to the Southern Nevada Water Project Act, Public Law 89-292, as
amended, (commonly known as the ``Southern Nevada Water Project
Act'') (79 Stat. 1068), including pipelines, conduits, pumping
plants, intake facilities, aqueducts, laterals, water storage
and regulatory facilities, electric substations, and related
works and improvements listed pursuant to ``Robert B. Griffith
Water Project (Formerly Southern Nevada Water Project), Nevada:
Southern Clark County, Lower Colorado Region Bureau of
Reclamation'', on file at the Bureau of Reclamation and all
interests in land acquired under Public Law 89-292, as amended.
(3) The term ``Secretary'' means the Secretary of the
Interior.
(4) The term ``Acquired Land(s)'' means all interests in
land, including fee title, right(s)-of-way, and easement(s),
acquired by the United States from non-Federal sources by
purchase, donation, exchange, or condemnation pursuant to
Public Law 89-292, as amended for the Griffith Project.
(5) The term ``Public Land'' means lands which have never
left Federal ownership and are under the jurisdiction of the
Bureau of Land Management.
(6) The term ``Withdrawn Land'' means Federal lands which
are withdrawn from settlement, sale, location of minerals, or
entry under some or all of the general land laws and are
reserved for a particular public purpose pursuant to Public Law
89-292, as amended, under the jurisdiction of the Bureau of
Reclamation, or are reserved pursuant to Public Law 88-639
under the jurisdiction of the National Park Service.
SEC. 3. CONVEYANCE OF GRIFFITH PROJECT.
(a) In General.--In consideration of the Authority assuming from
the United States all liability for administration, operation,
maintenance, and replacement of the Griffith Project and subject to the
prepayment by the Authority of the Federal repayment amount of
$121,204,348 (which amount shall be increased to reflect any accrued
unpaid interest and shall be decreased by the amount of any additional
principal payments made by the Authority after September 15, 1999,
prior to the date on which prepayment occurs), the Secretary shall,
pursuant to the provisions of this Act--
(1) convey and assign to the Authority all of the right,
title, and interest of the United States in and to improvements
and facilities of the Griffith Project in existence as of the
date of this Act;
(2) convey and assign to the Authority all of the right,
title, and interest of the United States to Acquired Lands that
were acquired for the Griffith Project; and
(3) convey and assign to the Authority all interests
reserved and developed as of the date of this Act for the
Griffith Project in lands patented by the United States.
(b) Pursuant to the authority of this section, from the effective
date of conveyance of the Griffith Project, the Authority shall have a
right of way at no cost across all Public Land and Withdrawn Land--
(1) on which the Griffith Project is situated; and
(2) across any Federal lands as reasonably necessary for
the operation, maintenance, replacement, and repair of the
Griffith Project, including existing access routes.
Rights of way established by this section shall be valid for as long as
they are needed for municipal water supply purposes and shall not
require payment of rental or other fee.
(c) Within twelve months after the effective date of this Act--
(1) the Secretary and the Authority shall agree upon a
description of the land subject to the rights of way
established by subsection (b) of this section; and
(2) the Secretary shall deliver to the Authority a document
memorializing such rights of way.
(d) Report.--If the conveyance under subsection (a) has not
occurred within twelve months after the effective date of this Act, the
Secretary shall submit to Congress a report on the status of the
conveyance.
SEC. 4. RELATIONSHIP TO EXISTING CONTRACTS.
The Secretary and the Authority may modify Contract No. 7-07-30-
W0004 and other contracts and land permits as necessary to conform to
the provisions of this Act.
SEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS.
(a) If the Authority changes the use or operation of the Griffith
Project, the Authority shall comply with all applicable laws and
regulations governing the changes at that time.
(b) On conveyance of the Griffith Project under section 3 of this
Act, the Act of June 17, 1902 (43 U.S.C. 391 et seq.), and all Acts
amendatory thereof or supplemental thereto shall not apply to the
Griffith Project. 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 Act of June 17, 1902, and
all Acts amendatory thereof or supplemental thereto attributable to
their status as a Federal Reclamation Project, and the Griffith Project
shall no longer be a Federal Reclamation Project.
(c) Nothing in this Act shall transfer or affect Federal ownership,
rights, or interests in Lake Mead National Recreation Area associated
lands, nor affect the authorities of the National Park Service to
manage Lake Mead National Recreation Area including lands on which the
Griffith Project is located consistent with the Act of August 25, 1916
(39 Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 1039), or
any other applicable legislation, regulation, or policy.
(d) Nothing in this Act shall affect the application of Federal
reclamation law to water delivered to the Authority pursuant to any
contract with the Secretary under section 5 of the Boulder Canyon
Project Act.
(e) Effective upon conveyance of the Griffith Project and acquired
interests in land under section 3 of this Act, the United States shall
not be liable for damages of any kind arising out of any act, omission,
or occurrence based on its prior ownership of the conveyed property.
Calendar No. 303
106th CONGRESS
1st Session
S. 986
[Report No. 106-173]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey the Griffith Project
to the Southern Nevada Water Authority.
_______________________________________________________________________
October 6, 1999
Reported with an amendment