[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4708 Referred in Senate (RFS)]

  2d Session
                                H. R. 4708


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2002

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
To authorize the Secretary of the Interior to convey certain facilities 
  to the Fremont-Madison Irrigation District, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

       TITLE I--FREMONT-MADISON IRRIGATION FACILITIES CONVEYANCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Fremont-Madison Conveyance Act''.

SEC. 102. CONVEYANCE OF FACILITIES.

    (a) Conveyance Requirement.--The Secretary of the Interior shall 
convey to the Fremont-Madison Irrigation District, Idaho, as soon as 
practicable after the date of enactment of this Act and in accordance 
with all applicable law and pursuant to the terms of the memorandum of 
agreement between the District and the Secretary (Contract No. 1425-01-
MA-10-3310). 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 107.
    (b) Report.--If the Secretary has not completed any conveyance 
required under this title by September 13, 2003, the Secretary shall, 
by no later than that date, 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. 103. COSTS.

    (a) In General.--The Secretary shall require, as a condition of the 
conveyance under section 102, 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.
    (b) Value of Facilities To Be Transferred.--In addition to 
subsection (a) the Secretary shall also require, as condition of the 
conveyance under section 102, 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. 104. TETON EXCHANGE WELLS.

    (a) Contracts and Permit.--In conveying the Teton Exchange Wells 
under section 102, 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 title 
are fulfilled.

SEC. 105. 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.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and all other applicable laws.

SEC. 106. LIABILITY.

    Effective on the date of the conveyance of the facilities described 
in section 102, 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. 107. 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. 108. EXISTING RIGHTS NOT AFFECTED.

    Nothing in this title affects the rights of any person except as 
provided in this title. Any conveyance under this title 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. 109. DEFINITIONS.

    In this title:
            (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.

                  TITLE II--HUMBOLT PROJECT CONVEYANCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Humboldt Project Conveyance Act''.

SEC. 202. DEFINITIONS.

    For purposes of this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) State.--The term ``State'' means the State of Nevada.
            (3) PCWCD.--The term ``PCWCD'' means the Pershing County 
        Water Conservation District, a public entity organized under 
        the laws of the State of Nevada.
            (4) Pershing county.--The term ``Pershing County'' means 
        the Pershing County government, a political subunit of the 
        State of Nevada.
            (5) Lander county.--The term ``Lander County'' means the 
        Lander County government, a political subunit of the State of 
        Nevada.

SEC. 203. AUTHORITY TO CONVEY TITLE.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act and in accordance with all applicable law, the Secretary 
shall convey all right, title, and interest in and to the lands and 
features of the Humboldt Project, including all water rights for 
storage and diversion, to PCWCD, the State, Pershing County, and Lander 
County, consistent with the terms and conditions set forth in the 
Memorandum of Agreement between PCWCD and Lander County dated January 
24, 2000, the Conceptual Agreement between PCWCD and the State dated 
October 18, 2001, the Letter of Agreement between Pershing County and 
the State dated April 16, 2002, and any agreements between the Bureau 
of Reclamation and PCWCD.
    (b) Compliance With Agreements.--All parties to the conveyance 
under subsection (a) shall comply with the terms and conditions of the 
agreements cited in subsection (a).
    (c) Report.--If the conveyance required by this section has not 
been completed within 18 months after the date of enactment of this 
Act, the Secretary shall submit a report to the Committee on Resources 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate that describes--
            (1) the status of the conveyance;
            (2) any obstacles to completion of the conveyance; and
            (3) the anticipated date for completion of the conveyance.

SEC. 204. PAYMENT.

    (a) In General.--As consideration for any conveyance required by 
section 203, PCWCD shall pay to the United States the net present value 
of miscellaneous revenues associated with the lands and facilities to 
be conveyed.
    (b) Withdrawn Lands.--As consideration for any conveyance of 
withdrawn lands required by section 203, the entity receiving title 
shall pay the United States (in addition to amounts paid under 
subsection (a)) the fair market value for any such lands conveyed that 
were withdrawn from the public domain pursuant to the Secretarial 
Orders dated March 16, 1934, and April 6, 1956.
    (c) Administrative Costs.--Administrative costs for conveyance of 
any land or facility under this title shall be paid in equal shares by 
the Secretary and the entity receiving title to the land or facility, 
except costs identified in subsections (d) and (e).
    (d) Real Estate Transfer Costs.--As a condition of any conveyance 
of any land or facility required by section 203, costs of all boundary 
surveys, title searches, cadastral surveys, appraisals, and other real 
estate transactions required for the conveyance shall be paid by the 
entity receiving title to the land or facility.
    (e) NEPA Costs.--Costs associated with any review required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
for conveyance of any land or facility under section 203 shall be paid 
in equal shares by the Secretary and the entity receiving title to the 
land or facility.
    (f) State of Nevada.--The State shall not be responsible for any 
payments for land or facilities under this section. Any proposal by the 
State to reconvey to another entity land conveyed by the Secretary 
under this title shall be pursuant to an agreement with the Secretary 
providing for fair market value to the United States for the lands, and 
for continued management of the lands for recreation, wildlife habitat, 
wetlands, or resource conservation.

SEC. 205. COMPLIANCE WITH OTHER LAWS.

    Following the conveyance required by section 203, the district, the 
State, Pershing County, and Lander County shall, with respect to the 
interests conveyed, comply with all requirements of Federal, State, and 
local law applicable to non-Federal water distribution systems.

SEC. 206. REVOCATION OF WITHDRAWALS.

    Effective on the date of the conveyance required by section 203, 
the Secretarial Orders dated March 16, 1934, and April 6, 1956, that 
withdrew public lands for the Rye Patch Reservoir and the Humboldt 
Sink, are hereby revoked.

SEC. 207. LIABILITY.

    Effective on the date of the conveyance required by section 203, 
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 Humboldt Project, except for damages caused by acts of negligence 
committed by the United States or by its employees or agents prior to 
the date of 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.

SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT.

    Prior to any conveyance under this title, 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.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other 
applicable laws.

SEC. 209. FUTURE BENEFITS.

    Upon conveyance of the lands and facilities by the Secretary under 
this title, the Humboldt Project shall no longer be a Federal 
reclamation project and the district shall not be entitled to receive 
any future reclamation benefits with respect to that project, except 
those benefits that would be available to other nonreclamation 
districts.

       TITLE III--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Jicarilla Apache Reservation Rural 
Water System Act''.

SEC. 302. PURPOSES.

    The purposes of this title are as follows:
            (1) To ensure a safe and adequate rural, municipal, and 
        water supply and wastewater systems for the residents of the 
        Jicarilla Apache Reservation in the State of New Mexico in 
        accordance with Public Law 106-243.
            (2) To authorize the Secretary of the Interior, through the 
        Bureau of Reclamation, in consultation and collaboration with 
        the Jicarilla Apache Nation--
                    (A) to plan, design, and construct the water 
                supply, delivery, and wastewater collection systems on 
                the Jicarilla Apache Reservation in the State of New 
                Mexico; and
                    (B) to include service connections to facilities 
                within the town of Dulce and the surrounding area, and 
                to individuals as part of the construction.
            (3) To require the Secretary, at the request of the 
        Jicarilla Apache Nation, to enter into a self-determination 
        contract with the Jicarilla Apache Nation under title I of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450f et seq.) under which--
                    (A) the Jicarilla Apache Nation shall plan, design, 
                and construct the water supply, delivery, and 
                wastewater collection systems, including service 
                connections to communities and individuals; and
                    (B) the Bureau of Reclamation shall provide 
                technical assistance and oversight responsibility for 
                such project.
            (4) To establish a process in which the Jicarilla Apache 
        Nation shall assume title and responsibility for the ownership, 
        operation, maintenance, and replacement of the system.

SEC. 303. DEFINITIONS.

    As used in this title:
            (1) BIA.--The term ``BIA'' means the Bureau of Indian 
        Affairs, an agency within the Department of the Interior.
            (2) Irrigation.--The term ``irrigation'' means the 
        commercial application of water to land for the purpose of 
        establishing or maintaining commercial agriculture in order to 
        produce field crops and vegetables for sale.
            (3) Reclamation.--The term ``Reclamation'' means the Bureau 
        of Reclamation, an agency within the Department of the 
        Interior.
            (4) Report.--The term ``Report'' means the report entitled 
        ``Planning Report/Environmental Assessment, Water and 
        Wastewater Improvements, Jicarilla Apache Nation, Dulce, New 
        Mexico'', dated September 2001, which was completed pursuant to 
        Public Law 106-243.
            (5) Reservation.--The term ``Reservation'' means the 
        Jicarilla Apache Reservation in the State of New Mexico, 
        including all lands and interests in land that are held in 
        trust by the United States for the Tribe.
            (6) Rural water supply project.--The term ``Rural Water 
        Supply Project'' means a municipal, domestic, rural, and 
        industrial water supply and wastewater facility area and 
        project identified to serve a group of towns, communities, 
        cities, tribal reservations, or dispersed farmsteads with 
        access to clean, safe domestic and industrial water, to include 
        the use of livestock.
            (7) State.--The term ``State'' means the State of New 
        Mexico.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Reclamation.
            (9) Tribe.--The term ``Tribe'' means the Jicarilla Apache 
        Nation.

SEC. 304. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.

    (a) Construction.--The Secretary, in consultation and collaboration 
with the Tribe, shall plan, design, and construct the Rural Water 
Supply Project to improve the water supply, delivery, and wastewater 
facilities to the town of Dulce, New Mexico, and surrounding 
communities for the purpose of providing the benefits of clean, safe, 
and reliable water supply, delivery, and wastewater facilities.
    (b) Scope of Project.--The Rural Water Supply Project shall consist 
of the following:
            (1) Facilities to provide water supply, delivery, and 
        wastewater services for the community of Dulce, the Mundo Ranch 
        Development, and surrounding areas on the Reservation.
            (2) Pumping and treatment facilities located on the 
        Reservation.
            (3) Distribution, collection, and treatment facilities to 
        serve the needs of the Reservation, including, but not limited 
        to, construction, replacement, improvement, and repair of 
        existing water and wastewater systems, including systems owned 
        by individual tribal members and other residents on the 
        Reservation.
            (4) Appurtenant buildings and access roads.
            (5) Necessary property and property rights.
            (6) Such other electrical power transmission and 
        distribution facilities, pipelines, pumping plants, and 
        facilities as the Secretary deems necessary or appropriate to 
        meet the water supply, economic, public health, and 
        environmental needs of the Reservation, including, but not 
        limited to, water storage tanks, water lines, maintenance 
        equipment, and other facilities for the Tribe on the 
        Reservation.
    (c) Cost Sharing.--
            (1) Tribal share.--Subject to paragraph (3) and subsection 
        (d), the tribal share of the cost of the Rural Water Supply 
        Project is comprised of the costs to design and initiate 
        construction of the wastewater treatment plant, to replace the 
        diversion structure on the Navajo River, and to construct raw 
        water settling ponds, a water treatment plant, water storage 
        plants, a water transmission pipeline, and distribution 
        pipelines, and has been satisfied.
            (2) Federal share.--Subject to paragraph (3) and subsection 
        (d), the Federal share of the cost of the Rural Water Supply 
        Project shall be all remaining costs of the project identified 
        in the Report.
            (3) Operation and maintenance.--The Federal share of the 
        cost of operation and maintenance of the Rural Water Supply 
        Project shall continue to be available for operation and 
        maintenance in accordance with the Indian Self-Determination 
        Act, as set forth in this title.
    (d) Operation, Maintenance, and Replacement After Completion.--Upon 
determination by the Secretary that the Rural Water Supply Project is 
substantially complete, the Tribe shall assume responsibility for and 
liability related to the annual operation, maintenance, and replacement 
cost of the project in accordance with this title and the Operation, 
Maintenance, and Replacement Plan under chapter IV of the Report.

SEC. 305. GENERAL AUTHORITY.

    The Secretary is authorized to enter into contracts, grants, 
cooperative agreements, and other such agreements and to promulgate 
such regulations as may be necessary to carry out the purposes and 
provisions of this title and the Indian Self-Determination Act (Public 
Law 93-638; 25 U.S.C. 450 et seq.).

SEC. 306. PROJECT REQUIREMENTS.

    (a) Plans.--
            (1) Project plan.--Not later than 60 days after funds are 
        made available for this purpose, the Secretary shall prepare a 
        recommended project plan, which shall include a general map 
        showing the location of the proposed physical facilities, 
        conceptual engineering drawings of structures, and general 
        standards for design for the Rural Water Supply Project.
            (2) OM&R plan.--The Tribe shall develop an operation, 
        maintenance, and replacement plan, which shall provide the 
        necessary framework to assist the Tribe in establishing rates 
        and fees for customers of the Rural Water Supply Project.
    (b) Construction Manager.--The Secretary, through Reclamation and 
in consultation with the Tribe, shall select a project construction 
manager to work with the Tribe in the planning, design, and 
construction of the Rural Water Supply Project.
    (c) Memorandum of Agreement.--The Secretary shall enter into a 
memorandum of agreement with the Tribe that commits Reclamation and BIA 
to a transition plan that addresses operations and maintenance of the 
Rural Water Supply Project while the facilities are under construction 
and after completion of construction.
    (d) Oversight.--The Secretary shall have oversight responsibility 
with the Tribe and its constructing entity and shall incorporate value 
engineering analysis as appropriate to the Rural Water Supply Project.
    (e) Technical Assistance.--The Secretary shall provide such 
technical assistance as may be necessary to the Tribe to plan, develop, 
and construct the Rural Water Supply Project, including, but not 
limited to, operation and management training.
    (f) Service Area.--The service area of the Rural Water Supply 
Project shall be within the boundaries of the Reservation.
    (g) Other Law.--The planning, design, construction, operation, and 
maintenance of the Rural Water Supply Project shall be subject to the 
provisions of the Indian Self-Determination Act (25 U.S.C. 450 et 
seq.).
    (h) Report.--During the year that construction of the Rural Water 
Supply Project begins and annually until such construction is 
completed, the Secretary, through Reclamation and in consultation with 
the Tribe, shall report to Congress on the status of the planning, 
design, and construction of the Rural Water Supply Project.
    (i) Title.--Title to the Rural Water Supply Project shall be held 
in trust for the Tribe by the United States and shall not be 
transferred or encumbered without a subsequent Act of Congress.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $45,000,000 (January 2002 dollars) plus or minus such 
amounts, if any, as may be justified by reason of changes in 
construction costs as indicated by engineering cost indexes applicable 
to the types of construction involved for the planning, design, and 
construction of the Rural Water Supply Project as generally described 
in the Report dated September 2001.
    (b) Conditions.--Funds may not be appropriated for the construction 
of any project authorized under this title until after--
            (1) an appraisal investigation and a feasibility study have 
        been completed by the Secretary and the Tribe; and
            (2) the Secretary has determined that the plan required by 
        section 306(a)(2) is completed.
    (c) NEPA.--The Secretary shall not obligate funds for construction 
until after the requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Rural 
Water Supply Project.

SEC. 308. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.

    None of the funds made available to the Secretary for planning or 
construction of the Rural Water Supply Project may be used to plan or 
construct facilities used to supply water for the purposes of 
irrigation.

SEC. 309. WATER RIGHTS.

    The water rights of the Tribe are part of and included in the 
Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-
441). These rights are adjudicated under New Mexico State law as a 
partial final judgment and decree entered in the Eleventh Judicial 
District Court of New Mexico. That Act and decree provide for 
sufficient water rights under ``historic and existing uses'' to supply 
water for the municipal water system. These water rights are recognized 
depletions within the San Juan River basin and no new depletions are 
associated with the Rural Water Supply Project. In consultation with 
the United States Fish and Wildlife Service, Reclamation has determined 
that there shall be no significant impact to endangered species as a 
result of water depletions associated with this project. No other water 
rights of the Tribe shall be impacted by the Rural Water Supply 
Project.

TITLE IV--TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 
                      REPAYMENT CONTRACT EXTENSION

SEC. 401. TOM GREEN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 
              1; REPAYMENT PERIOD EXTENDED.

    The Secretary of the Interior may revise the repayment contract 
with the Tom Green County Water Control and Improvement District No. 1 
numbered 14-06-500-369, by extending the period authorized for 
repayment of reimbursable constructions costs of the San Angelo project 
from 40 years to 50 years.

            Passed the House of Representatives September 24, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.