[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4708 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4708

To authorize the Secretary of the Interior to convey certain facilities 
              to the Fremont-Madison Irrigation District.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2002

Mr. Simpson (for himself and Mr. Otter) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to convey certain facilities 
              to the Fremont-Madison 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 ``Fremont-Madison Conveyance Act''.

SEC. 2. CONVEYANCE OF FACILITIES.

    (a) In General.--The Secretary of the Interior shall convey to the 
Fremont-Madison Irrigation District, Idaho, by not later than the 
termination date (September 13, 2003) of the Memorandum of Agreement 
(Contract No. 1425-01-MA-10-3310) between the Secretary and Fremont-
Madison Irrigation District dated September 13, 2001, all right, title, 
and interest of the United States in and to the Cross Cut Diversion 
Dam, the Cross Cut Canal, and the Teton Exchange Wells.
    (b) Applicable Requirements.--The Secretary shall carry out the 
conveyance under this section in accordance with all applicable laws 
and pursuant to the terms of the memorandum of agreement between the 
District and the Secretary (Contract No. 1425-01-MA-10-3310).
    (c) Included Facilities.--The Secretary shall include in the 
facilities conveyed under this section all right, title, and interest 
of the United States in and to the canals, laterals, drains, and other 
components of the water distribution and drainage system that is 
operated or maintained by the District for delivery of water to and 
drainage of water from lands within the boundaries of the District as 
they exist upon the date of enactment of this Act, consistent with 
section 7.
    (d) Timing.--
            (1) In general.--The Secretary shall make the conveyances 
        under this Act as soon as practicable after the date of the 
        enactment of this Act and in accordance with all applicable 
        law.
            (2) Report.--If the Secretary has not completed any 
        conveyance required under this Act by the end of the 1-year 
        period beginning on the date of the enactment of this Act, the 
        Secretary shall, before the end of that period, submit a report 
        to the Congress explaining the reasons that conveyance has not 
        been completed and stating the date by which the conveyance 
        will be completed.

SEC. 3. COSTS.

    (a) In General.--The Secretary shall require, as a condition of the 
conveyance under section 2, that the District pay the administrative 
costs of the conveyance and related activities, including the costs of 
any review required under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) as described in Contract No. 1425-01-MA-10-
3310. However, the Secretary may not require the District to pay more 
than $40,000 of such costs.
    (b) Value of Facilities To Be Transferred.--In addition to 
subsection (a) the Secretary shall also require, as condition of the 
conveyance under section 2, that the District pay to the United States 
the lesser of the net present value of the remaining obligations owed 
by the District to the United States with respect to the facilities 
conveyed, or $280,000. Amounts received by the United States under this 
subsection shall be deposited into the reclamation fund.

SEC. 4. TETON EXCHANGE WELLS.

    (a) Contracts and Permit.--In conveying the Teton Exchange Wells 
under section 2, the Secretary shall also convey to the District--
            (1) Idaho Department of Water Resources permit number 22-
        7022, including drilled wells under the permit, as described in 
        Contract No. 1425-01-MA-10-3310; and
            (2) all equipment appurtenant to such wells.
    (b) Extension of Water Service Contract.--The water service 
contract between the Secretary and the District (Contract No. 7-07-10-
W0179, dated September 16, 1977) is hereby extended and shall continue 
in full force and effect until all conditions described in this Act are 
fulfilled.

SEC. 5. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    Prior to conveyance the Secretary shall complete all actions as may 
be required under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

SEC. 6. LIABILITY.

    Effective on the date of the conveyance of the facilities described 
in section 2, 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 facilities, 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 conveyance. Nothing in this 
section may be deemed 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.

SEC. 7. WATER SUPPLY TO DISTRICT LANDS.

    The Secretary shall increase the number of acres within the 
District that are eligible to receive water from the Minidoka Project 
and the Teton Basin Projects to reflect the number of acres within the 
District as of the date of enactment of this Act, which includes lands 
annexed into the District prior to enactment of this Act as intended by 
the Teton Basin Project. This section does not in any way authorize the 
use of any additional Federal Reclamation project water beyond that 
which is currently authorized under their existing water storage 
contracts and as allowed by State water law.

SEC. 8. EXISTING RIGHTS NOT AFFECTED.

    Nothing in this Act affects the rights of any person except as 
provided in this Act. Any conveyance under this Act shall not affect or 
abrogate any provision of any contract executed by the United States or 
State law regarding any irrigation district's right to use water 
developed in the facilities conveyed.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Fremont-
        Madison Irrigation District, an irrigation district organized 
        under the law of the State of Idaho.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
                                 <all>