[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