[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2202 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2202
To convey the Lower Yellowstone Irrigation Project, the Savage Unit of
the Pick-Sloan Missouri Basin Program, and the Intake Irrigation
Project to the pertinent irrigation districts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2001
Mr. Rehberg introduced the following bill; which was referred to the
Committee on 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 pertinent 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 Reclamation
Projects Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Intake irrigation district.--The term ``Intake
Irrigation District'' means the irrigation district by that
name that is organized under the laws of the State of Montana
and operates the Intake Project.
(2) Intake project.--The term ``Intake Project'' means the
Federal irrigation feature operated by the Intake Irrigation
District and authorized under the Act of August 11, 1939
(chapter 717; 53 Stat. 1418).
(3) Irrigation districts.--The term ``irrigation
districts'' 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.
(4) Lower yellowstone irrigation district no. 1.--The term
``Lower Yellowstone Irrigation District No. 1'' means the
irrigation district by that name 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.
(5) Lower yellowstone irrigation district no. 2.--The term
``Lower Yellowstone Irrigation District No. 2'' means the
irrigation district by that name that is organized under the
laws of the State of North Dakota and operates the part of the
Lower Yellowstone Irrigation Project located in the State of
North Dakota.
(6) Lower yellowstone irrigation project.--The term ``Lower
Yellowstone Irrigation Project'' means the Federal irrigation
feature operated by Lower Yellowstone Irrigation District No. 1
and Lower Yellowstone Irrigation District No. 2 and authorized
by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388).
(7) Memorandum of understanding.--The term ``Memorandum of
Understanding'' means the memorandum of understanding dated
November 16, 1999, between the districts and the Montana Area
Office, Great Plains Region, Bureau of Reclamation, for the
purpose of defining certain principles by which the title to
the projects will be transferred from the United States to the
districts.
(8) 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'' (chapter 665; 58 Stat. 891).
(9) Pick-sloan missouri basin program project use power.--
The term ``Pick-Sloan Missouri Basin Program Project Use
Power'' means power generated and transmitted at a rate
covering operation, maintenance, and replacement expenses of
the Pick-Sloan power system for maintaining the irrigation
developments of the Pick-Sloan Missouri Basin Program.
(10) Projects.--The term ``projects'' means--
(A) the Lower Yellowstone Irrigation Project;
(B) the Intake Irrigation Project; and
(C) the Savage Unit.
(11) Savage irrigation district.--The term ``Savage
Irrigation District'' means the irrigation district by that
name that is organized under the laws of the State of Montana
and operates the Savage Unit.
(12) Savage unit.--The term ``Savage Unit'' means the
Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal
irrigation feature operated by the Savage Irrigation District
and authorized by the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (chapter 665; 58 Stat.
891).
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF PROJECTS.
(a) Conveyances.--
(1) Reclamation withdrawals.--
(A) Conveyance to richland county.--The Secretary
shall convey to the government of Richland County,
Montana, without consideration, all right, title, and
interest of the United States in and to property in
Richland County described as follows: SE\1/4\NE\1/4\,
sec. 13, T. 23 N., R. 59 E.
(B) Conveyance to lower yellowstone irrigation
districts no. 1 and 2.--The Secretary shall convey to
the Lower Yellowstone Irrigation District No. 1 and the
Lower Yellowstone Irrigation District No. 2, without
consideration, all right, title, and interest of the
United States in and to property in Dawson and Richland
Counties described as follows: Lots 1 through 6 of Sec.
2, T.17N., R.56E.; NW1/4 of Sec. 6, T.17N., R.57E.;
SW1/4NW1/4 of Sec. 26, T.22N., R.58E.; lots 4 through 7
of Sec. 2 and lot 1 and lot 2 of Sec. 3, T.23N.,
R.59E.; and lot 2 of Sec. 18, T.24N., R.60E.; all in
the Principal Meridian, Montana.
(2) Fee ownership land, easements, and rights-of-way.--The
Secretary shall convey to the respective irrigation districts
by quitclaim deed all fee ownership land, easements, and
rights-of-way in connection with the projects.
(3) Physical features.--The Secretary shall convey to the
districts all right, title, and interest of the United States
in and to all diversion, carriage, distribution, drainage, and
appurtenant physical features used to serve the lands within
the districts.
(4) Water rights.--The Secretary shall transfer to the
respective irrigation districts in accordance with and subject
to the law of the State of Montana, all natural flow,
wastewater, seepage, return flow, domestic water, stock water,
and groundwater rights held in part or wholly in the name of
the United States that are used to serve the lands within the
irrigation districts.
(b) Revocation of Reclamation Withdrawals and Orders.--(1) The
Reclamation withdrawal established by Public Land Order 4711 dated
October 6, 1969, for the Lower Yellowstone Irrigation Project in lots 1
and 2, section 3, T. 23 N., R. 59 E., is hereby revoked in its
entirety.
(2) The Secretarial Order of March 22, 1906, which was issued for
irrigation works on lot 3 (now lots 5, 6, and 7) and lot 4, section 2,
T. 23 N., R. 59 E., and the Secretarial Order of August 8, 1905, which
was issued for irrigation works in section 2, T. 17 N., R. 56 E. and
section 6, T. 17 N., R. 57 E., are hereby revoked in their entirety.
(3) The Secretarial Order of August 24, 1903, which was issued in
connection with the Lower Yellowstone Irrigation Project is revoked
insofar as it affects the following lands:
(A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., R.57E.;
lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 and 6 and 7 of
Sec. 4, T.21N., R.58E.; SW1/4NW1/4 of Sec. 26, T.22N., R. 58E.;
lots 1 and 4 and 7 and NW1/4SW1/4 of Sec. 20, T.22N., R.59E.;
SE1/4NE1/4 of Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18,
T.24N., R.60E.; all in the Principal Meridian, Montana.
(B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 and NE1/
4NE1/4 of Sec. 10 and lot 2 of Sec. 11 and lot 6 of Sec. 18 and
lot 3 of Sec. 35, T.151N., R.104W.; and lot 7 of 28, T.152N.,
R.104W.; all in the Fifth Principal Meridian, North Dakota.
(c) Transfer of Documents.--The Secretary shall transfer to the
irrigation districts all patents, land deeds, court proceedings, water
right abstracts, contracts, special use permits, licenses, permits, and
any other documents of the projects executed on behalf of the
Secretary.
(d) Savage Unit Financial Obligations.--
(1) Savage irrigation district obligation.--The Secretary
shall accept an amount from the Savage Irrigation District
equal to the current value of the remaining water supply
payment obligation of $68,280 under Contract Number Ilr-1525,
as amended and as extended by Contract No. 9-07-60-W0770, as
full payment of the Savage Irrigation District's share of the
construction of the Savage Unit.
(2) Pick-sloan missouri basin program beneficiaries
obligation.--The Secretary shall accept an amount from the
Pick-Sloan Missouri Basin Program power beneficiaries equal to
the current value of the aid-to-irrigation payment obligation
of $667,702 as full payment of aid-to-irrigation associated
with the construction of the Savage Unit.
(e) Report.--If any conveyance required under subsection (a) has
not occurred within 2 years after the date of the enactment of this
Act, the Secretary shall submit to the Congress a report on the status
of the conveyance.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act expands or otherwise changes
the use or operation of the projects from the use and operation of the
projects on the date of enactment of this Act.
(b) Recreation Management.--As a condition of the conveyance of
lands under section 3, the Secretary shall require that Lower
Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation
District No. 2 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--
(1) lands to be conveyed under section 3(a)(1)(B); and
(2) lands in part to be conveyed under section 3(a)(2);
as mutually agreed upon by Lower Yellowstone Irrigation District No. 1
and Lower Yellowstone Irrigation District No. 2, and the State of
Montana.
(c) Pick-Sloan Missouri Basin Program Project Pumping Power
Service.--The Secretary shall sustain the irrigation developments
established by the projects as components of the irrigation plan under
the Pick-Sloan Missouri River Basin Program and shall continue to
provide the irrigation districts with Pick-Sloan Missouri Basin Project
Use Power at the irrigation districts' pumping plants (subject to
section 5(a)), except that there shall be no ability-to-pay adjustment
for the power rate.
SEC. 5. YELLOWSTONE RIVER FISHERIES PROTECTION.
(a) In General.--The Secretary, in cooperation with the irrigation
districts, shall provide fish protection devices to prevent juvenile
and adult fish from entering the main canal of the Lower Yellowstone
Irrigation Project and allow bottom dwelling fish species to migrate
above the intake diversion dam on the Yellowstone River for that
project.
(b) Participation.--The Secretary and the irrigation districts
shall work cooperatively in planning, engineering, and constructing the
fish protection devices.
(c) Monitoring.--The Secretary, acting through the Commissioner of
the Bureau of Reclamation and the Director of the United States Fish
and Wildlife Service, shall establish and conduct a monitoring plan to
measure the effectiveness of the devices for a minimum of 2 years after
construction is completed. The Commissioner of the Bureau of
Reclamation shall be responsible for modifying the devices as necessary
to ensure proper functioning.
SEC. 6. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.
Upon conveyance of the projects under this Act, the irrigation
districts shall not be subject to the reclamation laws or entitled to
receive any reclamation benefits under those laws except as provided in
section 4(c).
SEC. 7. LIABILITY.
Effective on the date of conveyance of a project under this Act,
the United States shall not be liable under any State or Federal law
for damages of any kind arising out of any act, omission, or occurrence
relating to the projects, except for damages caused by acts of
negligence committed by the United States or by its employees, agents,
or contractors prior to the date of the conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that currently provided in chapter 171 of title 28,
United States Code, popularly known as the Federal Tort Claims Act.
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