[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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